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B-58380 1 (1976-08-03)

handle is hein.gao/gaobaddjg0001 and id is 1 raw text is: 0 7 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 L NITE- FILE: DATE: AUG 3 1976 9 y7 MATTER OF: MilliaF E. Addis Temporary Quarters Allowance DIGEST: Civilian employee of U.S. Customs Service was transferred from San Diego, California, to downtown Los Angeles, California, a designated high rate geographical area, and he occupied temporary quarters in Los Angeles. He is entitled to reimburse- ment at the maximum statutory per diem rate of $35 as prescribed by paragraph 2-5.4c of the Federal Travel Regulations and section 5702(a) of title 5, United States Code. He is not entitled to the daily rate of $37 designated for temporary duty travel in Los Angeles, and the $33 per diem rate established by regulation is not applicable. This action is in response to a request dated January 30, 1976, from Mr. Peter F. Gonzalez, Director, Financial Management Division, United States Customs Service, for our advance decision concerning payment of a voucher submitted by Mr. William E. Addis, Jr., Operations Officer, U.S. Customs Service, in which Mr. Addis is claiming a temporary quarters allowance for the period December 14, 1975, through January 12, 1976. The record discloses that Mr. Addis was transferred from the U.S. Customs District Office in San Diego, California, to the Regional Office of the Customs Service located in downtown Los Angeles, California. The claimant was authorized travel and transportation and relocation allowances including temporary quarters as outlined in the Federal Travel Regulations (FTR) (PPMR 101-7) (May 1, 1973) as amended by Temporary Regulation A-11, effective May 19, 1975. In his letter Mr. Gonzalez points out that the FTR establishes a maximua per diem rate of $33 per day for travel performed within the conterminous United States, except for designated high rate geographical areas where actual expense rates are authorized, whereas a statutory per diem rate of not to exceed $35 per day is established by 5 U.S.C. § 5702, as amended. However, Mr. Addis is making his claim for temporary quarters PUBLISHED DECISION 55 Comp. Gen ........

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