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                             December 9, 1996
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                             GSBCA 13724-RELO


                    In the Matter of LEON A. CASEY, SR.

     Leon A. Casey, Sr., St. Thomas, VI, Claimant.

     K. Brian London, Director, Administrative Services Division,
Office of Investigations, U.S. Customs Service, Washington, DC,
appearing for Department of the Treasury.

PARKER, Board Judge.

     Special Agent Leon A. Casey, Sr., was transferred by the U.S.
Customs Service from Miami, Florida to St. Thomas, U.S. Virgin
Islands in July 1995.  On September 15, while Mr. Casey was housed
in temporary quarters, Hurricane Marilyn struck the island,
damaging the house which was to become his permanent residence. 
Mr. Casey asked for and received a sixty-day extension of his
temporary quarters allowance.  The extension brought him to the
maximum of 120 days permitted by the Federal Travel Regulation
(FTR).

     On November 15, 1995, Mr. Casey's house still was not ready
for occupancy and he requested that Customs obtain a waiver of the
120-day maximum in the FTR.  The General Services Administration
(GSA), which promulgates the FTR and issues waivers in certain
cases, informed Customs that it could not grant a waiver of the
120-day maximum because the President of the United States had not
declared St. Thomas to be a "natural disaster area."  Mr. Casey
appealed that decision to the Board.  He maintains that St. Thomas
was declared a natural disaster area, and that GSA should have
granted a waiver of the 120-day limit for temporary quarters
allowance.

                                Discussion

     This Board lacks the authority to consider Mr. Casey's request
for a waiver.  In Executive Order 11609, the President delegated to
the Administrator of General Services the authority to issue
regulations implementing 5 U.S.C.  5724 and related statutes
concerning travel and relocation of federal civilian employees. 
This delegated authority underlies the Federal Travel Regulation. 
The Administrator has not re-delegated the authority to issue the
FTR, or to waive any of its provisions.

     The Board's authority to settle federal civilian employee
claims pertaining to travel and relocation is derived from a
different statute.  In 1995 Congress transferred administrative
responsibility for claims settlement functions as previously set
forth in 31 U.S.C.  3702 from the General Accounting Office (GAO)
to the Director of the Office of Management and Budget (OMB). 
Legislative Branch Appropriations Act, 1996, Pub. L. No. 104-53,
 211(a), 109 Stat. 514, 535 (1995).  The Director of OMB delegated
certain of these functions to the Administrator of General
Services, who then re-delegated the settlement functions pertaining
to travel and relocation expense claims to this Board.  GAO had
long held that its claims settlement authority under 31 U.S.C.
 3702 (which now resides in the Board) did not include authority
to waive or modify the FTR.  Johnnie M. Black, B-189775 (Sept. 22,
1977).  We agree with GAO's interpretation.

     Because the Board lacks authority to consider Mr. Casey's
request, we are dismissing the case and forwarding the matter to
the appropriate office within GSA.




                                   _________________
                                   ROBERT W. PARKER
                                   Board Judge