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B-181294 1 (1976-03-16)

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'At'  ~.THE   COMPTROLLER SENERAL
         OF   THE   UNITED STATEB   642
         WASHINGTON,  3,C. 205484
                       L


B- 10129                 DATE:  MAR  1 6  7


OF:   Dr. Curti W.  Tarr - Reimbursement or
      apartment expense under Federal Travel
      flegulatlons
  Chairman,  Defense Manpower Commission,
  lives away from Washington, D. C,. frequently
  travels to Washington on Commission business,
  and has rented apartment to avoid difficulty in
  obtaining transient accommodations. Chairman
  may  be reimbursed on pro rata basis for rental
  expenses since apartment may be considered as
  lodging under 5 U. S. C. $ 5701 and Federal
  Travel Reulations under appropriate circum-
  stances,   e 52 Comp, Gen. 730.


   This decision is rendered in response to a request dated Jaly 17,
1975, for an advance decision by Mr. David E. Hollar, an authorized
certifying officer of the Gene Services Administration. under the
provisions of 31 U.S. C. I 82d 1970). Mr. Hollar asks whether
Dr. Curtis W. Tar,  Chairman, Defense Manpower Cormnisslon, may
b   reimbursed on a days-worked baste for the apartment he la rerting
in lieu of a hotel. or whether this apartment is considered a second
residence and he can receive no reimbursement.  We are also asked
to state at what rate Dr. Tarr should be paid It we determine he may be
relmbursed lodging costs.

   Th  Defes   Manpower  Commission was established by sectior9/
701r  of the Act of November 16, 1973, 87 Stat. G09. Section 70496f
the Act provides, In pertinent part, that Members of the Commission
shall be reimbursed for travel, subsistence, and other necessary
eXpenses incurred by them in the performance of their duties.

   Dr. Tarr was appointed to the Commission. and was elected chairman
thereof in accordance with section 701(c)f6flhe Act. Dr. Tarr travels
to Washington. V. C., fron Moline, Illinois. when the Commission meets,
tWO or three times a month. While engaged in the actual performance of
ais duties am a member of the Commission, including travel time, he
reeives an amount equal to the da)y rate paid a GS-18 under the General
3chedule contained in section 5332for title 5, United States Code.

   When he was first appointed to the Commission, Dr. Tarr had a
tCame in Arlington. Virginia, and on apartment In Moline. Illinois.
4'n4 he attended Commission meetings, his residence was his hore tr
4rlington, and he was not authorized per diem and travel expensee.


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