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B-193382 1 (1979-02-16)

handle is hein.gao/gaobadgyi0001 and id is 1 raw text is: lift ,. S V 1*>¶ * r :ti .ti. - Mk .,i,.:: 'a, ~ % t'-¾' FILE: J3-193382 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHiNGTON, D.C. 20548 C99a DATE: February 16, 1979 OF: Betty L. McCrory - Noncommercial lodgings - Agency rate regulations Employee on temporary duty lodged with afriend in a high-cost area, but had not ,obtained prior agency approval of a per diem rate. Agency is authorized to establish 'specific per diem rates under FTR para. 1-7.3c(3) for employees who obtain noncommercial lodgings with friends or relatives. Such regulations must be consistent with theFTR as well as subject to reasonable interpretation. Here the employee may be reim- bursed for such lodging expenses if substantiated in accordance with the criteria established in 52 Comp. Gen. 78 (1972), since the agency regu- lation requiring advance approval is inconsistent with FTR and riot subjecL to reasonable interpretation. This action is in response to' a letter from Ms. Marie Bell, Autorized Certifying Officer, Bureau of Alcohol, Tobacco and Firearms (ATF), requesting an advance decision on whether an employee on temporary duty may be reimbursed for lodging in the private residence of a friend in the circumstances described. The record shows that the employee, Ms. Betty L. McCrory, was authorizeiito travel from Cincinnati, Ohio, to Washington, D.C., on official business for-temporary duty from July 8, through July 15, 1978. The employee obtained lodging with a friend for which she paid $25 a day for a total of $125. At the time the travel was performed, July 1978, the applicable part of the agency regulations, ATF Travel Order 0 1500.1A, Change 1, April 26, 1978, provided as follows: Reimbursement to employees who are claiming payment for lodging with friends or relatives is discouraged and requires advance approval of the Headquarters' Fiscal Officer who will establish the allowable rate, if applicable. GAO has consistently disallowed pay- ment of this type. If an employee stays with friends or relatives without prior approval, there will be no reimbursement forthcoming for lodging.

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