Entitlement of Secret Service Agents to Allowance for Meal Expenses

GAO was asked to determine whether there should be an exception to the general rule prohibiting any payment of appropriated funds for a civilian employee's meals while he is working at his permanent duty station under the unusual working conditions associated with 24-hour-a-day protective service. Under these working conditions, Secret Service agents frequently incur out of pocket costs for meals significantly in excess of what they would normally incur. The basic rule regarding payments to employees provides that no employee of the Government, unless specifically authorized by law, shall receive any pay or allowance in addition to that provided by statute. GAO has authorized Government purchase of meals for employees at headquarters when furnishing these meals was necessary in an extreme emergency involving danger to human life or destruction of Federal property. However, it held that, while such payments may be proper in similar cases arising in the future, such payment would depend on the facts and circumstances in each case. GAO did not find that the usual 24-hour-a-day protective service satisfied the extreme emergency situation involving the danger to human life criterion that is necessary to fit within the exception to the general rule. Accordingly, payment of an allowance to Secret Service agents for meals during their 24-hour-a-day protective service at headquarters may not be made from the Department of the Treasury's general appropriations. Further, purchase of meals for these agents from Government funds is not authorized generally under the applicable statute while the agents are required to stay in high-cost hotels during 24-hour-a-day-protective assignments.