B-167193, SEP. 3, 1969

B-167193, SEP. 3, 1969

CIVIL PAY - TRANSFERS - RELOCATION EXPENSES DECISION TO EMPLOYEE OF AGRICULTURE DEPARTMENT ALLOWING CLAIM FOR RELOCATION EXPENSES INCIDENT TO TRANSFER FROM PORTSMOUTH, RHODE ISLAND, TO KANSAS CITY, MISSOURI. EMPLOYEE WHO PERFORMED TRAVEL FOR PURPOSE OF LOCATING HOUSE AT NEW STATION AND TRANSFERRED PRIOR TO ISSUANCE OF REGULATIONS BY DEPARTMENT MAY HAVE TRIP REGARDED AS VALID HOUSE-HUNTING TRIP HOWEVER MILEAGE OF EIGHT CENTS PER MILE AND PER DIEM IN EXCESS OF 6 DAYS MAY NOT BE ALLOWED. OTHER EXPENSES CLAIMED FOR BOARDING CHILDREN DURING HOUSE HUNTING TRIP ARE NOT ALLOWABLE UNDER MISCELLANEOUS EXPENSE ALLOWANCE UNDER SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

TO MR. RAYMOND L. MILOT:

FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF APRIL 23, 1969, WHICH ONLY ALLOWED A PORTION OF YOUR CLAIM FOR EXPENSES IN CONNECTION WITH YOUR TRANSFER OF OFFICIAL STATION FROM PORTSMOUTH, RHODE ISLAND, TO KANSAS CITY, MISSOURI, UNDER TRAVEL ORDERS DATED AUGUST 18, 1966.

WE HAVE CAREFULLY CONSIDERED THE ACTION TAKEN IN THE SETTLEMENT OF APRIL 23, 1969, AND IT IS OUR VIEW THAT YOUR CLAIM SHOULD BE RECONSTRUCTED ON THE BASIS THAT YOU AND YOUR WIFE PERFORMED A VALID HOUSE HUNTING TRIP IN CONNECTION WITH YOUR CHANGE OF STATION. IN OTHER WORDS, WE ARE REGARDING THE TRAVEL PERFORMED BY YOU ON SEPTEMBER 2-5, 1966, AS THE ACTUAL TRAVEL CONNECTED WITH YOUR CHANGE OF STATION.

IN LINE WITH THE ABOVE, WE ARE INSTRUCTING OUR CLAIMS DIVISION TO RECONSTRUCT YOUR CLAIM AND ISSUE ANOTHER SETTLEMENT FOR THE ADDITIONAL AMOUNT FOUND DUE. WE POINT OUT THAT FOR THE INITIAL TRIP WE ARE UNABLE TO AUTHORIZE MILEAGE FOR ANY AMOUNT IN EXCESS OF EIGHT CENTS PER MILE OR FOR PER DIEM (LIMITED TO EMPLOYEE AND WIFE) FOR ANY LENGTH OF TIME IN EXCESS OF 6 DAYS, SPECIFIED BY THE REGULATIONS, FOR HOUSE HUNTING TRIPS. WHILE THE REGULATIONS CONTAINED IN CIRCULAR NO. A-56 WERE NOT ISSUED UNTIL OCTOBER 12, 1966, WE NOTE THAT ON JULY 26 THE BUREAU OF THE BUDGET ISSUED INTERIM GUIDELINES AND REGULATIONS WHICH INDICATED THE FINAL REGULATIONS WOULD CONTAIN LIMITATIONS, ONE OF WHICH BEING THE 6-DAY LIMITATION ON PER DIEM FOR HOUSE HUNTING TRIPS.

IN ADDITION, WE ARE REGARDING THE EXPENSES ($5.85) INCURRED IN THE PURCHASE OF A HOME IN WATERLOO AS BEING PROPER FOR REIMBURSEMENT.

THE OTHER MAJOR ITEM INVOLVES EXPENSE INCURRED IN BOARDING YOUR CHILDREN WHILE ON THE HOUSE HUNTING TRIP WHICH YOU ORIGINALLY BELIEVED COULD BE INCLUDED AS A PART OF THE MISCELLANEOUS EXPENSE ALLOWANCE. HOWEVER, YOU SAY YOU NOW ARE AGREEABLE TO ACCEPTING THE $200 WHICH YOU WERE ALLOWED AS A MISCELLANEOUS EXPENSE ALLOWANCE WITHOUT REGARD TO THE EXPENSE INCURRED IN BOARDING THE CHILDREN. OUR VIEW IS THAT SUCH EXPENSES ARE NOT OF THE TYPE CONTEMPLATED AS BEING WITHIN THE PROVISIONS OF THE MISCELLANEOUS EXPENSE ALLOWANCE. SEE SECTION 3 OF CIRCULAR NO. A-56 OF OCTOBER 12, 1966. ADDITIONALLY, NO PROPER BASIS EXISTS FOR ALLOWING TRANSPORTATION AND MILEAGE COSTS INCIDENT TO THE EXTRA TRIPS BETWEEN KANSAS CITY AND WATERLOO.

THE ADDITIONAL SETTLEMENT PREVIOUSLY REFERRED TO WILL BE ISSUED IN DUE COURSE.