Per Diem and Lodging for Trainees at Official Duty Station (Standard Operating Procedure)

Activity: Per Diem and Lodging for Trainees at Official Duty Station

Authority: 5 U.S.C. 4109; NASA FMM 9700

Responsible Office: Code 114.H/Headquarters Training Office, Goddard Space Flight Center and Code 150/Regional Finance Office

Effective Date: November 20, 2000

Applicability: All NASA HQ Civil Servants (except Office of Inspector General)

Introduction:  It is well-established that, in the absence of specific statutory authority, the Government may not pay per diem or subsistence expenses to civil service employees at the employees’ official duty station (71 Comp. Gen. 517; 5 U.S.C. 5536). The official duty station is defined as within a 25 mile radius of both the employee’s work place and home (NASA FMM 9700 §301-11.1).

There is a statutory exception to this rule for employees attending training programs subject to the definition of training in 5 U.S.C. 4101: a planned, prepared, and coordinated program of instruction or education that improves individual and organizational performance and assists an agency in achieving its mission and performance goals (5 USC 4104(4)). Merely referring to an event as training is insufficient to invoke the training exception because the event will be examined to determine whether it qualifies as training.

It should be noted that certain conferences may also qualify as training programs if the purpose is educational; the content is relevant to improving employee performance; it mostly consists of planned, organized exchanges of information between presenters and audience; and the employee will derive developmental benefits through attending. (See 5 C.F.R. 410.404).

Under 5 U.S.C. 4109, "Expenses of training", an agency may authorize payment to an employee for the "necessary expenses" of attending a training program at his/her official duty station (B-140417 (June 20, 1972)). An administrative determination must be made that the expenses at issue are necessary to achieve the objectives of the training program (NASA FMM Part 301-11).

Applicability:  This standard operating procedure is applicable to authorized and pre-approved training activities located within 25 miles of the employee’s work place and home, i.e., at the official duty station.

Eligibility:  Generally, most competitive and excepted service permanent employees are eligible to participate in training activities appropriate to the employee’s present or projected assignments, provided the employee’s supervisor and HQ Training Office pre-approves such training.

Criteria:  In order for the Agency to authorize payment of lodging and meal expenses associated with training within an employee’s official duty station, such expenses must be deemed necessary to obtain the objectives of the training program. Criteria that will be reviewed to determine the necessity of meals and/or lodging to the training include whether the meals or overnight stays are an integral part of the overall training, and whether attendance at the meals or overnight stays are necessary for employees to obtain the full benefit of the training. For example, a meal may be considered integral to the training if it is a "working session" or features a speaker. In addition to the criteria noted above, in order for the lodging to be considered necessary, the program should include training sessions that are held late at night as well as during the day.

Obtaining lodging and/or meals at the site of the training activity primarily for the personal convenience of the employee does not render such expenses necessary to the training. Attending evening seminars, similar to the inconvenience of having to work late from time to time, also does not justify reimbursement of lodging and/or meal costs if the HQ Training Office has not determined that overnight stays or meals are necessary to the objectives of the training.

Procedures:  Employees must obtain approval from their management and the HQ Training Office for the training activity on a Headquarters Request for Training Form (NHQ Form 56) prior to the start of the activity. The estimated lodging/meal costs must be documented on the NHQ Form 56. The form must clearly indicate that the activity is being held at the official duty station, and a statutory exception to pay for "necessary" other expenses is being requested. A justification must also be attached to the NHQ Form 56 stating the reasons why the lodging/meals are necessary to the objectives of the program.
This Request must be routed through normal channels for management approval and received by the HQ Training Office prior to the start date of the training activity. Sufficient Code training funds must be available to cover the costs of both the training and lodging/meals. In these cases where the training activity is at the official duty station, the allowable lodging/meal costs are paid using training, not travel, funds.

The HQ Training Office will review the Request and make a determination regarding whether or not the lodging/meal expenses can be approved. The employee will be notified of this determination prior to the start date of the training activity.

If the lodging/meal costs are authorized in advance, the employee must submit a Travel Voucher with appropriate receipts to the HQ Training Office as soon after the event as possible. The training office will forward the Travel Voucher to the GSFC Regional Finance Office for computation of allowable costs. After computation of costs, the Voucher will be processed, and the employee will be reimbursed via electronic funds transfer. Note: Official Government Travel Orders are not needed since the activity is within 25 miles of the employee’s work and home.

Approvals:  The first level decision to allow an employee’s request for reimbursement for necessary lodging/meal costs at the official duty station rests with the immediate supervisor. The Code training contact’s signature must also be obtained. The final determination of approval of the training activity and related necessary lodging/meal costs shall be made by the HQ Training Office.

Documentation:  The Request for Training should be submitted on an NHQ Form 56. Lodging/Meal costs should be estimated on the training form. A justification regarding why the costs are "necessary" must be attached to the training form.

November 20, 2000