MAY 8, 1923, 2 COMP. GEN. 730

MAY 8, 1923, 2 COMP. GEN. 730

QUARTERS, HEAT, AND LIGHT AT HEADQUARTERS - INDIAN SERVICE THE FURNISHING OF QUARTERS, HEAT, AND LIGHT TO EMPLOYEES OF THE INDIAN SERVICE AT HEADQUARTERS, EITHER IN KIND BY LEASE OR CONTRACT WITH THIRD PARTIES, OR BY PAYMENT OF COMMUTATION, OR BY REIMBURSEMENT FOR THE ACTUAL EXPENSE, IS PROHIBITED BY THE ACTS OF APRIL 6, 1914, AND AUGUST 1, 1914, 38 STAT., 318, 680, EXCEPT AS TO QUARTERS FURNISHED ON A RESERVATION TO SUCH EMPLOYEES AS HAVE THEIR HEADQUARTERS THEREON, AND SHOULD BE DISCONTINUED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 8, 1923:

I HAVE YOUR LETTER OF APRIL 16, 1923, REQUESTING DECISION RELATIVE TO THE FURNISHING OF QUARTERS, GAS, AND ELECTRIC CURRENT FOR EACH OF THE SUPERVISING ENGINEERS OF THE FIVE DISTRICTS OF THE INDIAN IRRIGATION SERVICE.

THE QUESTION AROSE BY REASON OF THIS OFFICE SUSPENDING CERTAIN ITEMS IN THE ACCOUNTS OF H. E. HAMMERSLEY, SPECIAL DISBURSING AGENT. INDIAN SERVICE, SALT LAKE CITY, UTAH, FOR THE FOURTH QUARTER, 1922, THE AMOUNT SUSPENDED, $184.17, BEING FOR ELECTRIC CURRENT, APRIL, MAY, AND JUNE, 1922, $12.80, GAS, SAME PERIOD, $21.37; AND RENT, SAME PERIOD, $150.00, FOR SUPERVISING ENGINEER HENRY W. DIETZ, THE ITEMS BEING CHARGED UNDER THE APPROPRIATION FOR "IRRIGATION OF INDIAN RESERVATIONS, REIMBURSABLE, 1922," 41 STAT., 1226.

THE GENERAL PROCEDURE IN SUCH CASES IS TO SUBMIT IN REPLY SUCH MATTERS AS THERE MAY BE IN EXPLANATION OF THE ITEMS SUSPENDED, AND, IF SUCH EXPLANATIONS, ETC., ARE DETERMINED NOT TO BE SUFFICIENT, TO DISALLOW THE SAME, AND THE DISBURSING OFFICER OR THE HEAD OF THE DEPARTMENT MAY THEREUPON HAVE THE SETTLEMENT REVIEWED. IN THE INSTANT CASE, HOWEVER, THE GENERAL PROCEDURE OUTLINED NEED NOT BE FOLLOWED, THE MATTER AFFECTING NOT ONLY THE ITEMS IN QUESTION, BUT THE INDIAN SERVICE GENERALLY.

IT APPEARS FROM THE SUBMISSION, AND IT HAS BEEN LEARNED UPON INFORMAL INQUIRY, THAT THE COMPENSATION OF INDIAN SERVICE FIELD EMPLOYEES HAS BEEN FIXED WITH RELATION TO WHETHER QUARTERS WERE OR WERE NOT FURNISHED; THAT IS, AT A CERTAIN RATE PER ANNUM, WHICH EXCLUDED THE FURNISHING OF QUARTERS, ETC., OR AT A CERTAIN RATE PER ANNUM, WHICH INCLUDED THE FURNISHING OF QUARTERS, ETC. IT WAS STATED THAT THIS MANNER OF FIXING COMPENSATION HAS NEVER BEEN MADE A MATTER OF FORMAL REGULATION, HAS NOT HERETOFORE BEEN QUESTIONED BY THE ACCOUNTING OFFICERS, AND HAS BEEN RECOGNIZED BY CONGRESS, ATTENTION BEING DIRECTED TO THE PROVISION IN THE ACT OF JANUARY 24, 1923, 42 STAT., 1183, WHICH HAS APPEARED IN SUBSTANTIALLY SIMILAR TERMS IN EACH OF THE ANNUAL APPROPRIATION ACTS BEGINNING WITH THE ACT FOR THE FISCAL YEAR 1914, 38 STAT., 79. THE PROVISION IN QUESTION, FOR THE FISCAL YEARS 1922, 1923, AND 1924, 41 STAT., 1228, AND 42 STAT., 562 AND 1183, READS:

THAT THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO ALLOW EMPLOYEES IN THE INDIAN SERVICE, WHO ARE FURNISHED QUARTERS, NECESSARY HEAT AND LIGHT FOR SUCH QUARTERS WITHOUT CHARGE, SUCH HEAT AND LIGHT TO BE PAID OUT OF THE FUND CHARGEABLE WITH THE COST OF HEATING AND LIGHTING OTHER BUILDINGS AT THE SAME PLACE.

A COPY OF THE APPOINTMENT OF THE SUPERVISING ENGINEER HERE IN QUESTION HAS NOT BEEN SUBMITTED; HOWEVER, IT IS UNDERSTOOD TO PROVIDE ONLY FOR COMPENSATION AT THE RATE OF $2,500 PER ANNUM, AND NOT FOR QUARTERS AND HEAT AND LIGHT THEREFOR. IT IS SUBMITTED, HOWEVER, THAT THE COMPENSATION OF THE SUPERVISING ENGINEER HERE IN QUESTION IS NOT FIXED BY LAW, AND, THOUGH NO PROVISION FOR ALLOWANCE OF QUARTERS WAS INCORPORATED IN THE APPOINTMENT DOCUMENT ITSELF, THE ACTION IN APPROVING EACH YEAR THE LEASES FOR QUARTERS, TO BE FURNISHED IN KIND, WAS THE EQUIVALENT, AND HAD THE SAME EFFECT, OF BEING EXPRESSLY INCLUDED IN SUCH APPOINTMENT DOCUMENT.

A COPY OF A LEASE COVERING THE QUARTERS IN KIND FURNISHED FOR THE SUPERVISING ENGINEER HERE IN QUESTION WAS FORWARDED WITH THE SUBMISSION. IT SHOWS APPROVAL BY F. M. GOODWIN, ASSISTANT SECRETARY, UNDER DATE OF SEPTEMBER 12, 1922, AND PROVIDES FOR A MONTHLY RENTAL OF $50; FOR TERMINATION "AT THE END OF ANY CALENDAR MONTH EXPIRING DURING SAID PERIOD (JULY 1, 1922, TO JUNE 30, 1923) UPON GIVING 30 DAYS' WRITTEN NOTICE; " AND FOR "USE AND OCCUPATION AS A PRIVATE DWELLING FOR A FULL PERIOD OF 12 MONTHS, BEGINNING ON THE 1ST DAY OF JULY, A.D. 1922, THE FOLLOWING DESCRIBED PREMISES, VIZ, HOUSE NO. 751 FIRST AVENUE, SALT LAKE CITY, UTAH. FOR USE AND OCCUPATION BY THE SUPERVISING ENGINEER, HENRY W. DIETZ, UNITED STATES INDIAN IRRIGATION SERVICE.'

THIS IS THE SITUATION WITH RESPECT TO THE FIVE SUPERVISING ENGINEERS AND IT IS LEARNED THAT SIMILAR CONDITIONS OBTAIN WITH RESPECT TO OTHER INDIAN SERVICE FIELD EMPLOYEES; THAT IS, THAT DWELLINGS ARE LEASED AND ASSIGNED TO NUMEROUS OTHER INDIAN SERVICE EMPLOYEES, NAMELY, FARMERS, SUPERINTENDENTS, SUPERVISORS, ETC., AND THAT UPWARDS OF 100 OF THESE LEASES ARE ENTERED INTO ANNUALLY.

IN YOUR REQUEST FOR DECISION, DATED OCTOBER 30, 1922, AS TO THE AUTHORITY FOR ENTERING INTO CONTRACTS WITH THE WIVES OF EMPLOYEES FOR THE LEASE OF QUARTERS FOR USE OF INDIAN SERVICE EMPLOYEES WHO ARE ALLOWED QUARTERS, IT WAS STATED:

IT IS THE PRACTICE TO FURNISH FIELD EMPLOYEES OF THIS SERVICE QUARTERS, HEAT, AND LIGHT IN ADDITION TO THEIR REGULAR COMPENSATION, AS STATED IN THE ATTACHED "CONDITIONS OF EMPLOYMENT IN THE INDIAN FIELD SERVICE," WHICH APPEARS ON THE BACK OF THE PRELIMINARY NOTICE SENT TO PROSPECTIVE EMPLOYEES SELECTED FROM THE CIVIL SERVICE REGISTER; AND THE SALARIES ARE FIXED ON THIS BASIS. WHERE THERE ARE NO GOVERNMENT BUILDINGS AVAILABLE, IT IS CUSTOMARY TO RENT SUITABLE QUARTERS AT GOVERNMENT EXPENSE.

THE DECISION, DECEMBER 18, 1922, 16 MS. COMP. GEN., 842, ON THAT SUBMISSION DID NOT QUESTION WHAT WAS EXPRESSLY STATED AS "THE PRACTICE TO FURNISH FIELD EMPLOYEES OF THIS SERVICE QUARTERS, HEAT, AND LIGHT IN ADDITION TO THEIR REGULAR COMPENSATION," BUT IT WAS HELD THAT THE PROPOSED LEASES OF THE EMPLOYEES' OWN PREMISES, WHETHER TITLE THERETO WAS IN THE EMPLOYEE, OR THE EMPLOYEE'S WIFE, WAS NOT AUTHORIZED.

THE PROVISION IN EACH OF THE ANNUAL APPROPRIATION ACTS SINCE 1914, FOR THE ALLOWANCE OF HEAT AND LIGHT TO EMPLOYEES IN THE INDIAN SERVICE WHO ARE FURNISHED QUARTERS, SUCH HEAT AND LIGHT TO BE PAID OUT OF THE FUND CHARGEABLE WITH THE COST OF HEATING AND LIGHTING OTHER BUILDINGS AT THE SAME PLACE, IS NOT QUESTIONED AS TO SUCH ALLOWANCES IN KIND, ON THE RESERVATIONS, ETC., THEMSELVES. HOWEVER, IN THE DECISION OF DECEMBER 18, 1922, CITED, THE PAYMENT OF A COMMUTATION OF QUARTERS, ETC., WAS HELD NOT TO BE AUTHORIZED, WHETHER SUCH COMMUTATION WAS FIXED IN THE CONTRACT OF EMPLOYMENT, OR OTHERWISE, AND, BUT FOR THE LONG-CONTINUED AND HERETOFORE UNQUESTIONED PRACTICE OF LEASING QUARTERS OUTSIDE OF RESERVATIONS, ETC., AND ASSIGNING THEM TO EMPLOYEES THUS HEADQUARTERED, I WOULD BE CONSTRAINED TO HOLD THAT THE FURNISHING OF SUCH QUARTERS, ETC., WAS LIKEWISE UNAUTHORIZED.

THE QUARTERS, HEAT, AND LIGHT FURNISHED FOR THE SUPERVISING ENGINEER HERE IN QUESTION ARE ITEMS OF SUBSISTENCE, AND, IN THE ABSENCE OF EXPRESS STATUTORY PROVISION THEREFOR, ALLOWANCES OF SUBSISTENCE AT HEADQUARTERS ARE UNAUTHORIZED, WHETHER ON THE BASIS OF REIMBURSEMENT OF ACTUAL EXPENSES THEREFOR OR ON THE BASIS OF A FLAT RATE PER DIEM ALLOWANCE IN LIEU THEREOF. THE ALLOWANCES HERE IN QUESTION WERE ON NEITHER OF THE ABOVE BASES, BEING MADE IN KIND; HOWEVER, WHETHER FURNISHED IN KIND OR ON THE BASIS OF REIMBURSEMENT OR ON THE BASIS OF A COMMUTED ALLOWANCE, THE SUBSTANCE IS THE SAME. SEE IN THIS CONNECTION THE PROVISION AS TO ACTUAL EXPENSES OF SUBSISTENCE, 38 STAT., 318, AND THE PROVISION AS TO PER DIEM IN LIEU OF SUBSISTENCE, 38 STAT., 680; ALSO 21 COMP. DEC., 507, 641.

IN VIEW OF THE PAST PRACTICE, WHICH, AS SHOWN, IS OF LONG STANDING, AND WHICH APPARENTLY HAS NOT HERETOFORE BEEN QUESTIONED, THE SUSPENSIONS IN THE FOURTH QUARTER, 1922, ACCOUNTS OF THE SPECIAL DISBURSING AGENT, H. F. HAMMERSLEY, WILL BE REMOVED. HOWEVER, THE PRACTICE OF ALLOWING QUARTERS, HEAT, AND LIGHT AS A PART OF THE COMPENSATION, EXCEPT FOR SUCH EMPLOYEES AS ARE HEADQUARTERED AT AND ACTUALLY OCCUPY QUARTERS IN THE RESERVATIONS, ETC., SHOULD BE DISCONTINUED AT THE EARLIEST DATE PRACTICABLE, AND THIS OFFICE ADVISED AS TO YOUR ACTION IN THIS RESPECT, WHEN TAKEN.