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B-194082 1 (1979-05-08)

handle is hein.gao/gaobadhex0001 and id is 1 raw text is: THE COMPPTROLLE GENEiRZAL OF THE UNETvE STATES VA/ AASH IN GT0N , O . C . 2 0 5 4 8 &e on Whvile 1fer,-or,*n,Aj B-194082 DATE: ay 8 19 79 R OF: Denny C ckenrode - Temporary duty at# uty station 1. Employee detailed to temporary duty at location of new duty station subsequent to notification of permanent change of station may not be paid per diem while performing duty at the new duty station notwithstanding the erroneous adminis- trative authorization since the Government can- not be bound beyond actual authority conferred upon its agents by statute and regulations. 2. The prohibition for payment of transportation expenses of employee's spouse to seek permanent residence at a new duty station located outside the continental United States is both statutory (5 U.S.C. 5724a(a)(2) (1976)) and regulatory (FPMR 101-7 (1973) par. 2-4.lc(3)) and may not be waived. This action is in response to a letter from Richard L. Petrocci, Authorized Certifying Officer, Federal Home Loan Bank Board, request- ing our decision on the legality of waiving regulations concerning payment of per diem for 30 days' temporary duty at a new duty station or the allowable expenses for the spouse's trip to seek quarters outside the continental United States in the circumstances described. Mr. Denny C. Eckenrode, an employee of the Federal Home Loan Bank Board was notified by letter dated November 3, 1977, of a permanent change of station (PCS) from Salt Lake City, Utah, to Honolulu, Hawaii, effective January 15, 1978. He was authorized reimbursement of certain travel expenses in the notification of November 3, 1977, including transportation, per diem and allowable expenses for his spouse for a round trip to Hawaii to seek residence quarters at the new duty station. Relying on these orders the spouse made a round trip to Honolulu to select a house. Subsequent to her return it was discovered that the travel authorization for a house hunting trip by the spouse was erroneous since it was to a location outside the continental (conterminous) United States. Mr. Eckenrode was immediately notified of the error. In a letter dated December 16, FILE: MATTE DIGEST ? - TL

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