B-86014, JUNE 2, 1949, 28 COMP. GEN. 680

B-86014: Jun 2, 1949

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TO UNITED STATES CITIZENS WHO ARE CIVILIAN EMPLOYEES STATIONED OVERSEAS. THE CHARGE FOR WHICH IS IN EXCESS OF THE MAXIMUM ALLOWANCE. THE OBLIGATION TO PAY SUCH EXCESS RENTAL IS THAT OF THE EMPLOYEE AND NOT OF THE EMPLOYING AGENCY. 949: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. THAT IT IS FELT THE RENTAL WILL BE IN EXCESS OF THE GRANT AUTHORIZED UNDER THE STANDARDIZED GOVERNMENT CIVILIAN ALLOWANCE REGULATIONS. YOU REQUEST TO BE ADVISED AS TO (1) WHETHER THE EMPLOYEE IS ENTITLED ONLY TO THE MAXIMUM ALLOWANCE PRESCRIBED BY THE ABOVE-MENTIONED REGULATIONS. OR (3) IS THE MARITIME COMMISSION OBLIGATED TO PAY THIS RENTAL IF IT EXCEEDS THE MAXIMUM SPECIFIED IN THE SAID REGULATIONS? WHERE SUCH QUARTERS ARE NOT AVAILABLE.

B-86014, JUNE 2, 1949, 28 COMP. GEN. 680

OFFICERS AND EMPLOYEES STATIONED IN FOREIGN COUNTRIES - LIVING QUARTERS ALLOWANCE - MAXIMUM ALLOWABLE THE MONETARY ALLOWANCE FOR LIVING QUARTERS WHICH MAY BE GRANTED UNDER THE ACT OF JUNE 26, 1930, AND THE STANDARDIZED GOVERNMENT CIVILIAN ALLOWANCE REGULATIONS ISSUED THEREUNDER, TO UNITED STATES CITIZENS WHO ARE CIVILIAN EMPLOYEES STATIONED OVERSEAS, MAY NOT EXCEED THE MAXIMUM PRESCRIBED BY SECTION 3.6 OF SAID REGULATIONS, EVEN THOUGH AN EMPLOYEE MAY BE OCCUPYING GOVERNMENT-CONTROLLED LIVING QUARTERS ON A RENTAL BASIS, THE CHARGE FOR WHICH IS IN EXCESS OF THE MAXIMUM ALLOWANCE, AND THE OBLIGATION TO PAY SUCH EXCESS RENTAL IS THAT OF THE EMPLOYEE AND NOT OF THE EMPLOYING AGENCY.

COMPTROLLER GENERAL WARREN TO THE VICE CHAIRMAN, UNITED STATES MARITIME COMMISSION, JUNE 2, 949:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1949, REQUESTING DECISION WITH RESPECT TO THE PROPER MAXIMUM QUARTERS ALLOWANCE PAYABLE TO AN EMPLOYEE OF THE UNITED STATES MARITIME COMMISSION STATIONED AT MANILA, PHILIPPINE ISLANDS, AND RESIDING AT THE PHILIPPINE REHABILITATION HOUSING CENTER.

YOU STATE THAT THE EMPLOYEE MOVED INTO THE REHABILITATION HOUSING CENTER ON MARCH 7, 1949; THAT NO DETERMINATION HAS BEEN MADE AS TO THE RENTAL CHARGE; BUT THAT IT IS FELT THE RENTAL WILL BE IN EXCESS OF THE GRANT AUTHORIZED UNDER THE STANDARDIZED GOVERNMENT CIVILIAN ALLOWANCE REGULATIONS. IN VIEW OF THE PROVISIONS OF THE ACT OF JUNE 26, 1930, 46 STAT. 818, 5 U.S.C. 118A, QUOTED, IN PART, IN YOUR LETTER, YOU REQUEST TO BE ADVISED AS TO (1) WHETHER THE EMPLOYEE IS ENTITLED ONLY TO THE MAXIMUM ALLOWANCE PRESCRIBED BY THE ABOVE-MENTIONED REGULATIONS; (2) SHOULD ANY EXCESS RENTAL BE PAID BY THE EMPLOYEE; OR (3) IS THE MARITIME COMMISSION OBLIGATED TO PAY THIS RENTAL IF IT EXCEEDS THE MAXIMUM SPECIFIED IN THE SAID REGULATIONS?

IN SUBSTANCE, AND SO FAR AS APPLICABLE HERE, THE ABOVE-REFERRED-TO STATUTE PROVIDES THAT UNDER REGULATIONS ISSUED IN ACCORDANCE THEREWITH CIVILIAN EMPLOYEES OF THE GOVERNMENT HAVING PERMANENT STATIONS IN A FOREIGN COUNTRY, AND BEING UNITED STATES CITIZENS, MAY BE FURNISHED, WITHOUT COST TO THEM, LIVING QUARTERS IN A GOVERNMENT-OWNED OR RENTED BUILDING AND, WHERE SUCH QUARTERS ARE NOT AVAILABLE, MAY BE GRANTED AN ALLOWANCE FOR LIVING QUARTERS. SECTION 3.6 OF THE STANDARDIZED GOVERNMENT CIVILIAN ALLOWANCE REGULATIONS PROVIDES THAT THE ACTUAL RATE AT WHICH A QUARTERS ALLOWANCE MAY BE GRANTED SHALL BE THE ESTIMATED AMOUNT OF THE EMPLOYEE'S ANNUAL EXPENDITURE FOR THE RENT OF LIVING QUARTERS "OR THE MAXIMUM DETERMINED IN ACCORDANCE WITH SECTIONS 3.5 AND 9.3, WHICHEVER IS LESS.' ( ITALICS SUPPLIED.) SEE ALSO, GENERALLY, SECTIONS 1.1B, 1.2D, AND 1.4 OF THE SAME REGULATIONS, AND BUREAU OF THE BUDGET CIRCULAR NO. A- 8, REVISED, DATED FEBRUARY 4, 1949.

YOU ARE ADVISED THAT, UNDER THE SAID LAW AND REGULATIONS, THE FACT THAT THE EMPLOYEE AND HIS FAMILY ARE OCCUPYING GOVERNMENT-CONTROLLED LIVING QUARTERS, FOR THE USE OF WHICH A RENTAL CHARGE IS TO BE MADE OF THE EMPLOYEE, DOES NOT ENTITLE HIM TO RECEIVE A QUARTERS ALLOWANCE IN EXCESS OF THE MAXIMUM PRESCRIBED BY THE SAID REGULATIONS. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE, AND QUESTIONS 2 AND 3 ARE ANSWERED IN THE AFFIRMATIVE AND NEGATIVE, RESPECTIVELY.