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B-201812 1 (1981-06-09)

handle is hein.gao/gaobadjlb0001 and id is 1 raw text is: 




                  0THE COMPTROLLER GENERAL
    OECISION      .(   P.   OF THE UNITED STATES
                  0 ~     .WASHINGTON, 0.C. 20548

                     VINITED S


    FILE:  B-201812            -U DAT   June 9, 1981

    MATTER OF: Robert L. Bidus - Temporary Quarters-
                 Authorization or Approval

    DIGEST:    In the absence of administrative authorization
               or approval of the use of temporary quarters
               an employee may not be reimbursed temporary
               quarters subsistence expenses.

     An advance decision has been requested by Isaac J. Duran,
an authorized certifying officer of the Water and Power Re-
sources Service, Department of the Interior, concerning the
reclaim voucher in the amount of $423.14 of Mr. Robert L.
Bidus for subsistence expenses his spouse incurred while
occupying temporary quarters incident to his transfer from
Boulder, Colorado, to Mills, Wyoming, in January, 1980.

     The administrative report clearly shows that temporary
quarters were not authorized in connection with Mr. Bidus'
transfer in January, 1980, nor have such expenses been
approved by agency administrative action after the fact.

     Under the provisions of section 5724a(a)(3), and 5724(a)
of title 5, United States Code, and implementing regulations
in Paragraph 2-5.1, et seq., of the Federal Travel Regulations
(FTR) (FPMR 101-7, May 1973), an employee and his immediate
family may be reimbursed for the expenses of occupying tem-
porary quarters in connection with an official transfer to
a new duty station. In accordance with this authority,
authorization for temporary quarters subsistence expenses
is discretionary with the agency.

     Accordingly, Mr. Bidus' claim is denied under the long-
standing principle of law applied in numerous decisions of
this Office that in the absence of administrative authoriza-
tion or approval of the use of temporary quarters an employee
may not be reimbursed temporary quarters subsistence expenses.
B-167930, November 19, 1969; B-162741, March 21, 1968; and
B-161860, September 5, 1967.

     We also note on the attached reclaim voucher that
Mr. Bidus has claimed reimbursement for the movement of
household goods to his new duty station based upon the con-
structive weight of the goods. See FTR para. 2-8.2b(4)
(May 1973).






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