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B-205262 1 (1982-07-07)

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FILE:


THU CCMPTROL.LER GENERAL
OV THE UNITED TBATUE
WASHINGTON,  0,  2 90548


.9-205262


LATE: July 7, 1982


MATTER OF

DIGEST:


Arthur F. Colombo


A transferred employee claims addi-
tional per diem for period when
traveling between old and new official
stations and ducing occupancy of tempo-
rary quarters after his reimbursement
was reduced to comply with the per diem
rate pertaining to permanent clangen of
duty station established by the Depart-
ment of the Interior, His claim may not
be allowed because the determination as
to what per diom rate will be authorized
is within the discretionary authority of
the employing agency. Paragraph 1-7.3a,
FTR.


     The Bureau of Mines, Department of the Interior,
requests our decision whether payment may be made to a trans-
ferred employee on his reclaim voucher for per diem and tempo-
rary quarters subsistence expenses. The employee's claim is
based on the per diem rate established by his travel orders
which is in excess of the rate establiehed by the Department
for travel between his old and new duty stations and while
occupying temporary quarters. Payment may not be made since
purported authorization of per diem at a rate in excess of
that set by agency regulations is without effect.

     Mr. Arthur F. Colonibo, an employee of the Bureau of
Mines, was transferred from Bloomington, Minnesota, to Reno,
Nevada, by travel authorization specifying per diem allow-
ances of $35 per day for the employee, $26.25 for family
members over 12 years of age, and $17.50 for fmily members
under 12. When Mr. Colombo submitted his claim for travel
allowances and temporary quarters subsistence expenses
derived from these rates, his reimbursement was reduced to
comply with the $30 per diem rate for permanent changes of
station entitlements established by departmental regulations.

     Chapter 13 'of Part 347 of the Departmental Manual sets
forth regulations governing permanent change-of-staton
allowances for Department of the Interior employees.
Essentially it provides that the specific provisions of the
Federal Travel Regulations (FTR) (FPMR 101-7) will govern
the payment of such allowances. Subsection 347.13.8 provides


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