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B-211592 1 (1984-04-11)

handle is hein.gao/gaobadlql0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISION V OP THU UNITED STATE8 WASHINGTON, O.C. 20548 LINIflO FILE: B-211592 DATE: April 11, 1984 MATTER OF: U.S.D.A. Forest Service--Claim by Student Conservation Association DIGEST: 1. Under a Servicewide Agreement between the Forest Service and the Student Conservation Association (SCA), the Forest Service was required to reim- burse SCA only for actual subsistence expenses incurred by volunteers. Where the volunteers were stationed in remote Forest Service field camps and incurred no subsistence expenses, no duty to reimburse arose. The obligation to reimburse was not triggered by the advance by SCA of subsistence payments to the volunteers. 2. The Forest Service is not responsible for the unauthorized receipt and distribution of SCA checks by one of its employees. In the absence of specific statutory authority the Government is not liable for the negligent or unauthorized acts of its employees. 56 Comp. Gen. 943, 950 (1977). A certifying officer for the USDA Forest Service has requested an advance decision on whether a claim for reimburse- ment submitted by the Student Conservation Association (SCA) should be paid. The SCA seeks reimbursement in the amount of $2,088 for subsistence payments to three students whom the SCA assigned to serve as Forest Service volunteers in the Ketchikan Area, Tongass National Forest, Alaska. As explained below, it is our opinion that the Servicewide Agreement between the SCA and the Forest Service required the Forest Service to reimburse the SCA only for actual subsistence expenses incurred by the volunteers. Although the SCA gave subsistence checks to the volunteers, these volunteers did not actually incur subsistence expenses. The SCA's claim for reimbursement should accordingly be disallowed. According to the Forest Service report, no subsistence expenses were incurred by the volunteers because the volunteers were directly provided all items normally considered part of subsistence expenses. According to the report, it is long- standing Forest Service policy in the Alaska Region to provide employees and volunteers stationed in remote camps with food,

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