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B-201096(CFR) 1 (1981-06-16)

handle is hein.gao/gaobactwt0001 and id is 1 raw text is: iSD -~ ~z OFFICE OF GENERAL COUNSEL UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 B-201096 (CFR) June 16, 1981 Mr. Raymond R. Garza CERGOW LAT, EER P.O. Box 5160 Fort Hood, Texas 76544 -s-.- ~, Dear Mr. Garza: This is in response to your letter of October 30, 1980, concerning the rFate of per diem applicable where Government quarters are not occupies- Section 752 of the Department of Defense Appropriation Act, 1981, Pub. L. No. 96-527, December 15, 1980, 94 Stat. 3068, has continued the prohibition established in the 1978 DOD Appropriation Act against the payment of lodging expenses of Department of Defense personnel when adequate Government quarters are available. The Department of Defense has issued implementing regulations which are found in Volume 2 of the Joint Travel Regulations, at paragraph C1055.. Those regula- tions clearly provide that unless nonavailability can be de- termined by a publication issued by one of the Uniformed Services, it will be assumed that Government quarters were available in the absence of a certificate of nonavailability. Because of the change in the DOD Appropriations Acts beginning in the 1978 Act, the prior GAO decisions are no longer ap- plicable. Your first question is answered accordingly. Your second question concerning what per diem rate would be payable is too general for us to respond to with specificity. However, we may state, generally, that if a certificate of nonavailability has been obtained, per diem would be computed by the method authorized in the traveler's orders. If a certificate has not been obtained the traveler would not be entitled to the lodgings portion of authorized per diem or actual subsistence expenses. 1 / ~

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