B-161348, AUG 9, 1967
Highlights
WHICH WAS EFFECTIVE APRIL 7. CAREY HAD BEEN STATIONED IN NEW YORK AND HE RETAINED OWNERSHIP OF A RESIDENCE IN THE NEW YORK AREA WHILE HE WAS IN CALIFORNIA. UPON TRANSFER BACK TO NEW YORK HE MOVED DIRECTLY INTO THE RESIDENCE HE OWNED IN THAT VICINITY EVEN THOUGH HIS HOUSEHOLD GOODS WERE STILL EN ROUTE. HE WAS REIMBURSED HIS SUBSISTENCE COSTS FROM THE DAY HE ARRIVED IN NEW YORK TO THE DAY HIS FURNITURE ARRIVED - A PERIOD OF 9 DAYS - UNDER SECTION 23(3) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. UNDER THAT LAW AND REGULATION REIMBURSEMENT MAY BE MADE TO EMPLOYEES FOR THE COST OF SUBSISTENCE WHILE THEY ARE OCCUPYING TEMPORARY QUARTERS INCIDENT TO A CHANGE OF OFFICIAL STATION. YOU ASK WHETHER YOU ARE REQUIRED TO COLLECT THE AMOUNT PAID MR.
B-161348, AUG 9, 1967
PRECIS-UNAVAILABLE
MAURICE F. ROW, UNITED STATES DEPARTMENT OF JUSTICE:
WE REFER TO YOUR LETTER OF JULY 3, 1967, CONCERNING THE ENTITLEMENT OF MR. RICHARD P. CAREY, A SPECIAL AGENT, FEDERAL BUREAU OF INVESTIGATION, U. S. DEPARTMENT OF JUSTICE, TO REIMBURSEMENT IN THE AMOUNT OF $294.16 FOR COSTS OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO HIS TRANSFER FROM MONTEREY, CALIFORNIA, TO NEW YORK, NEW YORK, WHICH WAS EFFECTIVE APRIL 7, 1967.
PRIOR TO BEING STATIONED IN CALIFORNIA MR. CAREY HAD BEEN STATIONED IN NEW YORK AND HE RETAINED OWNERSHIP OF A RESIDENCE IN THE NEW YORK AREA WHILE HE WAS IN CALIFORNIA. UPON TRANSFER BACK TO NEW YORK HE MOVED DIRECTLY INTO THE RESIDENCE HE OWNED IN THAT VICINITY EVEN THOUGH HIS HOUSEHOLD GOODS WERE STILL EN ROUTE. HE WAS REIMBURSED HIS SUBSISTENCE COSTS FROM THE DAY HE ARRIVED IN NEW YORK TO THE DAY HIS FURNITURE ARRIVED - A PERIOD OF 9 DAYS - UNDER SECTION 23(3) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB. L. 89-516, 80 STAT. 323, AS IMPLEMENTED BY SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, OCTOBER 12, 1966. UNDER THAT LAW AND REGULATION REIMBURSEMENT MAY BE MADE TO EMPLOYEES FOR THE COST OF SUBSISTENCE WHILE THEY ARE OCCUPYING TEMPORARY QUARTERS INCIDENT TO A CHANGE OF OFFICIAL STATION. YOU ASK WHETHER YOU ARE REQUIRED TO COLLECT THE AMOUNT PAID MR. CAREY UNDER THAT AUTHORITY IN VIEW OF THE FACT THAT HE WAS LIVING IN HIS PERMANENT RESIDENCE IN THE NEW YORK AREA DURING THE PERIOD FOR WHICH REIMBURSEMENT WAS CLAIMED AND PAID.
YOU REFER TO THE DECISIONS B-160970, MARCH 24, 1967, AND B-161348, MAY 31, 1967, IN WHICH WE HELD THAT THE REIMBURSEMENT UNDER THE PROVISION OF LAW AND THE REGULATION IN QUESTION WAS NOT AUTHORIZED IF THE EXPENSES WERE INCURRED WHILE THE EMPLOYEE WAS LIVING IN HIS PERMANENT RESIDENCE QUARTERS AWAITING ARRIVAL OF HIS HOUSEHOLD GOODS. WE ENCLOSE A COPY OF THE DECISION B-161363, MAY 8, 1967, TO THE SAME EFFECT.
WE FIND NO ESSENTIAL DIFFERENCE BETWEEN THE FACTS IN MR. CAREY'S CASE AND THE FACTS WHICH WERE PRESENT IN THE CITED CASES. FURTHERMORE, WE FIND NO BASIS UPON WHICH THE DETERMINATION MADE IN THOSE CASES MAY PROPERLY BE CHANGED.
THEREFORE, THE $294.16 PAID TO MR. CAREY UNDER SECTION 2.5 OF CIRCULAR NO. A-56 SHOULD BE COLLECTED FROM HIM.