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B-186055 1 (1976-10-01)

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           FILE:  b-186055                      DATE:   October 1, 1975

           MATTER OF-       Joseph '. LaCattuta - Temporary Lodging
                            Allowance

           DIGEST:     Prohibition of Federal Travel Regulations
                      para.  2-5.2(i) against payment of temporary
                      quarter's subsistence expensesi which duplicate
                      subsistence reinr.bursed under other regulat ois
                      and  law does not apply to temporary lodging
                      allowance authorized  under 5 U.S.C. 5923 ana
                      Standardized  Regulations for employees in
                      foreign areas.   Accordingly, employee's claim
                      for TLA  during periods employee was on
                      temporary auty and  received peo diem may be
                      authorized  for pament.

               This action  is in response to a request dated !Wbrch 8, 1976,
          by Edwin J. Fost,  Chief, AccountIng Section, Office of' the
          Controller, Drug Enforcenret  Agency, for our determirnation of
          the propriety of  rament of a  reclaizu vocr   submitjted by
          Mr. Joseph W. LaGattuta, an employee  of the Agency, for parymeit
          of temporary lodging allcwance  for periods diring which he was
          on temporary duty and received a  pe  dierallowan ce.

               The record shows that Mr.  Laattuta  was transferred to
          Paris, Fracice, ne was authrorized 90 days te::porary lod'ing
          alloqance  (TMA) incident threto, arid he atrrived in Paris on
          June 14, 1975.  During   'Mr. LaGattuta's fidt 9) days in :ris
          and, while still occupying temporary  lodgings, he perfori.med
          tempo:rary duty on several occasions for  :hich he received per
          diem ailowancez.  Subzsequently, the agency denied Mr. IaGatLta '
          claim for TLA for those days Co:' which he had received a FEr
          diem allowance on the tasis of' vra   2-5 .2(i) of the Federal
          Travel Regulation   (FTH) (FPIM 1i1-7) , which probbits payrnt
          of temporary quarters subsistence expenses  which dupliecaLte in
          whole or  rt prt paymnts  rece  '-d unaer other laws or regulations.

               Ii the J inntant case Mr. laGattuta was authorizeo 'TA , not a
          tempor'a'ry qunrters subsistence allowarice, since he wa:s tranferrea
          to Paris arid the latter allowance may riot be authorized in con-
          nection with a trarnsfer to a fnreigri station. D-177131, February :2,
          1973.  Therefore, the provisions of  the FTH are inapplicable.


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