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B-212401 1 (1984-04-03)

handle is hein.gao/gaobadlpt0001 and id is 1 raw text is: THE COMPTROLLEN UENERAL WAWHINGTON, 0.0. 20648 FILE: B-212401 DATE: April 3, 1984 MATTER OF: Albert Armendariz DIGEST: An employee of the Immigration and Naturalization Service on temporary duty may not be reimbursed based on the per diem rate and automobile rental expenses provided in his travel order because the Service in effect established a special lower per diem rate predicated upon a requirement that the employee use Govern- ment quarters at the temporary duty loca- tion and which would not require use of a rental automobile. Although 5 U.S.C. S 5911(e) precludes an employee from being subjected to that requirement unless the agency determines it to be necessary for the accomplishment of the employee's mission, the Service made such a deter- mination in this case based on the needs of the Service in processing 800 Haitians at Fort Allen, Puerto Rico. Should an employee of the Immigration and Naturaliza- tion Service on temporary duty be reimbursed using the per diem rate of $70 and for the use of a rental car, shown in his travel order, or should he be reimbursed at a lower special per diem rate set by the agency and excluding the rental car because of available Government quarters that the employee was directed to use at the temporary duty site?1 We find that in this case the employee should be reimbursed using the lower per diem rate set by the agency because the rate was properly established and the agency has shown that the use of Government quarters was essential to the accom- plishment of the employee's mission as required by 5 U.S.C. $ 5911(e). 1The Assistant Regional Commissioner, Budget and Accounting Division, Immigration and Naturalization Service, submitted this question as a request for an advance decision. 4g., C)//

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