B-145891, MAY 25, 1961

B-145891, MAY 25, 1961

TO MR. EVANS N. WENTZ, AUTHORIZED CERTIFYING OFFICER, INTERNATIONAL COOPERATION ADMINISTRATION:

ON MAY 11, 1961, YOU TRANSMITTED A VOUCHER IN FAVOR OF MR. W. BASSETT ORR FOR $45, REPRESENTING PER DIEM AT THE RATE OF $12 FOR THREE AND THREE- FOURTHS DAYS AND ASK WHETHER SUCH VOUCHER MAY BE CERTIFIED FOR PAYMENT IN THE FULL AMOUNT IN VIEW OF SECTION 6.7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

SECTION 6.7 PROVIDES:

"WHERE MEALS AND/OR LODGING ARE FURNISHED WITHOUT CHARGE OR AT A NOMINAL COST BY A FEDERAL GOVERNMENT AGENCY AT A TEMPORARY DUTY STATION, AN APPROPRIATE DEDUCTION SHALL BE MADE FROM THE AUTHORIZED PER DIEM RATE.'

ICA MANUAL ORDER 561.1 PROVIDES THAT A DEDUCTION OF 35 PERCENT FROM THE PER DIEM RATE SHOULD BE MADE FOR EACH NIGHT'S LODGING FURNISHED A TRAVELER BY A FEDERAL AGENCY.

THE RECORD SHOWS THAT MR. ORR LEFT TRIPOLI, LIBYA, HIS OFFICIAL DUTY STATION, VIA AIR AT 10:30 A.M., APRIL 28; ARRIVED AT SEBHA, LIBYA, AT 12:30 P.M., APRIL 28; LEFT SEBHA AT 6 P.M., MAY 1; AND ARRIVED AT TRIPOLI AT 8:30 P.M., MAY 1. MR. ORR STATES ON THE VOUCHER THAT HE DID NOT OCCUPY GOVERNMENT QUARTERS WHILE IN SEBHA BECAUSE NONE WERE AVAILABLE AND THAT HE STAYED IN THE PRIVATE HOME OF THE AREA REPRESENTATIVE.

YOU INFORM US THAT IN LIBYA ALL HOUSES FOR UNITED STATES TECHNICIANS SERVING UNDER THE INTERNATIONAL COOPERATION ADMINISTRATION AID PROGRAM ARE LEASED BY THE UNITED STATES GOVERNMENT AND ASSIGNED TO INDIVIDUAL TECHNICIANS.

WE HELD IN 7 COMP. GEN. 85 THAT:

"WHEN NO OTHER QUARTERS ARE AVAILABLE AT ANY GIVEN PLACE AND THE TRAVELING OFFICIAL IS OBLIGED TO OCCUPY PUBLIC QUARTERS ASSIGNED ASSIGNED TO A LOCAL EMPLOYEE FOR HIS PERSONAL USE, THROUGH COURTESY, AND WITHOUT EXPENSE TO THE TRAVELER, NO REASON APPEARS WHY REDUCTION OF THE PER DIEM ON ACCOUNT OF LODGING SHOULD NOT BE MADE IN THE SAME AS IN CASES WHERE THE GOVERNMENT BUILDING IN WHICH LODGING IS FURNISHED IS NOT OTHERWISE OCCUPIED. THERE IS NOTHING INEQUITABLE IN SUCH REDUCTION INSOFAR AS THE TRAVELER IS CONCERNED.

"THE QUARTERS WHICH THE GOVERNMENT FURNISHES TO AN EMPLOYEE PURSUANT TO THE PROVISIONS OF SECTION 3 OF THE ACT OF JANUARY 26, 1927, 44 STAT. 1052, ARE FURNISHED SOLELY FOR HIS OCCUPANCY AS QUARTERS AND MAY NOT LEGALLY BE SUBLET BY HIM. THEY DO NOT LOSE THEIR CHARACTER AS GOVERNMENT QUARTERS; AND WHEN SUCH QUARTERS ARE OCCUPIED AS LODGINGS BY ANOTHER EMPLOYEE IN A TRAVEL STATUS, WHETHER THROUGH THE COURTESY OF THE LOCAL EMPLOYEE OR OTHERWISE, THE LODGINGS ARE TO BE REGARDED AS FURNISHED BY THE GOVERNMENT AND REDUCTION IN PER DIEM MADE ACCORDINGLY.'

SEE ALSO, 36 COMP. GEN. 459.

CONSEQUENTLY, DEDUCTION FOR LODGING MUST BE MADE FROM MR. ORR'S PER DIEM. THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ONLY AFTER THE APPROPRIATE DEDUCTION IS MADE.