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B-190508 1 (1978-05-08)

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L. Wilcox, Civ. er,


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FILE:  B-190508


DATE:   MY  8, 3978


MATTER OF: Alleu W. Rots - Temporary duty, per die.,
              lodging with relatives


DIGEBT:   1.


Employee may not be paid per diem based on
paymept of $17 per night for lodging with
relatives notwithatanding that amount is
reasonable in relation to cost of commercial
accommodations and notwithstanding that em-
ployee may not have been advised by NSA that
amounts reimbursable for lodging with friends
or relatives must not only be reasonable but
must also reflect additional expenses incurred
by host as result of employee's stay.  55 Comp.
Gen. 855 (1976).


           2.  Whero employee claims'perdiem  based on pay-
               ment of $17 per nikht lodging-provided by
               relative, emp'cyee smay be paid only amount
               shown to reflect host's additional expenses
               in accommodaling employee and, absent such
               showing by empio'yce, agency may not reim-
               burse amc.'nt which it in general determines
               to be rcasonable.  Such independeit deter-
               mination in tantamosnt to determination of
               a minimum allowance contrary to FTR para.
               1-7.3c(2) and is in esseice a determination
               to apply a specific per diem rate without
               .compliance with FTR para. 1-7.3c(3).

     By letter dated October 19, 1977, and assigned PDTATAC
Control No. 77-30, the Per Diem,'Travel and Transportation Allow-
ance Committee has forwarded a request for, advance decision sub-
mitted by the Chief, Finance and Accounting Office for the
National Security Agency (NSA).  The decision request relates
to a reclaim for per diem in the amount of $398 submitted by
Mr. Allen W. Rotz, an NSA employee.

     Mr. Rotz' claim for additional per diem arises in connection
with a temporary duty assignment in Sudbury, Massachusetts, from
February 28 to April 13, 1977.  For the'44 days of that assign-
ment he resided with a Mr. J. Joseph Rotz in a private residence.


                           *, THU  LWMPTRCLLER OENERAL
DECISION .                 . OPTHEUUNITU NTATUE
                           a WANINarON, 0.0. *054S
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