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B-207447 1 (1984-03-30)

handle is hein.gao/gaobadlpp0001 and id is 1 raw text is: ,, ,A THE COMP'1TROLLEM IWNNEAL DLWInON P OF THI UNITED SuTATES WABHINCTON o. 0. o10M43 FILE: B-20'447 DATE: Harch 30, 1984 MATTER OF: Matter of William T. Burke DIGEST; Upon reconsideration of decision B-207447, June 30, 1983, the employee may be allowed per diom as authorized by the agency for the period of his extended assignment under tle Intergovernmental Personnel Act (IPA). In view of tho absence of clear guidance from this Office and the Office of Personnel Management on the aut:horiza- tion of per diem for such assignments at the time the agency authorized the per diem, the authorization of per diem is deemed to be valid. However, the princi- ples set out in the June 30, 1983 decision and recent Office of Personnel Management guidance should be followed for subsequent M IPA assignments, Mr. William T. Burke and his attorney Mr. Marshall L. Herdricks have requested that we reconsider our decision, Mat'ter of Burke, B-207447, June 30, 1983. In that decision we held that tie Bureau of Indian Affairs had improperly authorized Mr. Burke payment of per diem during the period of his assignment under the Intergovernmental Pezsonnel Act (IPA), 5 U.S.C. S 3371-3376, to the Pueblo of Taos, New Mexico. The act authorizes either per diem or change of station allowances. Upon reconsideration we find that Office of Personnel Management directives and decisions of our Office in effect at the time of Mr. Burke's assignment did not give clear guidance to agencies as to the limita- tions on their authority to authorize per diem for such assignments. Accordingly, our June 30, 1993 decision is modified, and Mr. Burke is entitled to per diem at the rate of $50 per day, as authorized by the agency, while he was at his IPA assignment site. However, the principles set out in the June 30, 1983 decision and recent Office of Personnel Management guidance should be followed for: subsequent IPA assignments. Under the authority of the Intergovernmental Persort. Act, Mr. Burke, whose permanent duty station was in Washington, D.C., was detailed to the Pueblo of Taos, New F -'

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