B-152174, SEP. 4, 1963, 43 COMP. GEN. 227

B-152174: Sep 4, 1963

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ARE NOT LODGINGS FURNISHED BY A FEDERAL GOVERNMENT AGENCY WITHIN THE PURVIEW OF SECTION 6.7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. NO DEDUCTION IS REQUIRED TO BE MADE FROM AN AUTHORIZED PER DIEM SOLELY BECAUSE OF SECTION 6.7. WE CONSIDER THE REQUEST AS ONE PROPERLY COMING FROM YOU AND ARE RENDERING OUR DECISION TO YOU ACCORDINGLY. 41 COMP. KESSLER'S LETTER OF JULY 31 POINTS OUT THAT THE GOVERNMENT OF GUAM WILL RENT GUAMANIAN GOVERNMENT QUARTERS TO FEDERAL EMPLOYEES TRAVELING ON OFFICIAL BUSINESS AT A RATE OF $60 A MONTH OR $2 A DAY. WE ASSUME THAT THE BUILDING OR BUILDINGS IN WHICH THE QUARTERS ARE AVAILABLE ARE AMONG THOSE THE TITLE OR CONTROL OF WHICH WAS ACQUIRED BY THE GOVERNMENT OF GUAM UNDER THE ORGANIC ACT OF GUAM OF AUGUST 1.

B-152174, SEP. 4, 1963, 43 COMP. GEN. 227

SUBSISTENCE - PER DIEM - REDUCTION - QUARTERS FURNISHED - FOREIGN GOVERNMENT QUARTERS FURNISHED BY THE GOVERNMENT OF GUAM TO FEDERAL EMPLOYEES TRAVELING ON OFFICIAL BUSINESS IN BUILDINGS ACQUIRED BY THE GUAMANIAN GOVERNMENT UNDER THE ORGANIC ACT OF GUAM OF AUGUST 1, 1950, 48 U.S.C. 1421F, OR SUBSEQUENTLY CONSTRUCTED, ARE NOT LODGINGS FURNISHED BY A FEDERAL GOVERNMENT AGENCY WITHIN THE PURVIEW OF SECTION 6.7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THE RENTALS PAID BY THE EMPLOYEES UPON DEPOSIT IN THE TREASURY OF GUAM BECOMING AVAILABLE FOR THE BENEFIT OF THE PEOPLE OF THE GOVERNMENT OF GUAM; THEREFORE, NO DEDUCTION IS REQUIRED TO BE MADE FROM AN AUTHORIZED PER DIEM SOLELY BECAUSE OF SECTION 6.7.

TO THE DIRECTOR, OFFICE OF EMERGENCY PLANNING, SEPTEMBER 4, 1963:

ON JULY 31, 1963, MR. ROBERT H. KESSLER, AUTHORIZED CERTIFYING OFFICER, REQUESTED OUR DECISION WHETHER QUARTERS FURNISHED BY THE GOVERNMENT OF GUAM AT A CHARGE OF $2 A DAY SHOULD BE CONSIDERED LODGINGS FURNISHED BY A FEDERAL GOVERNMENT AGENCY WHICH REQUIRE REDUCTIONS IN PER DIEM ALLOWANCES IN ACCORDANCE WITH SECTION 6.7, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

SINCE THE QUESTION PRESENTED DOES NOT INVOLVE A VOUCHER BEFORE THE CERTIFYING OFFICER FOR PAYMENT, THERE BEING NO VOUCHER TRANSMITTED WITH HIS LETTER, WE CONSIDER THE REQUEST AS ONE PROPERLY COMING FROM YOU AND ARE RENDERING OUR DECISION TO YOU ACCORDINGLY. 41 COMP. GEN. 767.

MR. KESSLER'S LETTER OF JULY 31 POINTS OUT THAT THE GOVERNMENT OF GUAM WILL RENT GUAMANIAN GOVERNMENT QUARTERS TO FEDERAL EMPLOYEES TRAVELING ON OFFICIAL BUSINESS AT A RATE OF $60 A MONTH OR $2 A DAY.

WE ASSUME THAT THE BUILDING OR BUILDINGS IN WHICH THE QUARTERS ARE AVAILABLE ARE AMONG THOSE THE TITLE OR CONTROL OF WHICH WAS ACQUIRED BY THE GOVERNMENT OF GUAM UNDER THE ORGANIC ACT OF GUAM OF AUGUST 1, 1950, 48 U.S.C. 1421F, OR WHICH, SUBSEQUENTLY, WERE CONSTRUCTED BY THAT GOVERNMENT.

THE ACT OF AUGUST 1, 1950, AS AMENDED, 48 U.S.C. 1421, ET SEQ., MAKES NO SPECIFIC PROVISION FOR THE DISPOSITION OF REVENUES DERIVED FROM SUCH BUILDINGS AS RENTS, BUT IN THE ABSENCE OF AN ACT OF THE CONGRESS TO THE CONTRARY, IT MAY BE INFERRED FROM REFERENCE TO 48 U.S.C. 1421F (B) AND 1421H, THAT THE REVENUES ARE FOR COVERING INTO THE TREASURY OF GUAM, AND ARE AVAILABLE FOR EXPENDITURE FOR THE BENEFIT OF THE PEOPLE AND GOVERNMENT OF GUAM.

THEREFORE, WE CONCLUDE THAT THE LODGINGS ARE NOT FURNISHED BY A FEDERAL GOVERNMENT AGENCY WITHIN THE PURVIEW OF SECTION 6.7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THAT NO DEDUCTION IS REQUIRED TO BE MADE FROM AN AUTHORIZED PER DIEM RATE SOLELY BECAUSE OF THAT SECTION. THE QUESTION IS ANSWERED ACCORDINGLY.