B-160970, MARCH 24, 1967, 46 COMP. GEN. 709

B-160970: Mar 24, 1967

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IS CONSIDERED TO HAVE REPORTED FOR DUTY ON JULY 21. HE IS ENTITLED TO THE ALLOWANCES AUTHORIZED BY THE BUREAU OF THE BUDGET CIRCULAR NO. THE SUBSISTENCE EXPENSES INCURRED PRIOR TO JULY 21 ARE NOT REIMBURSABLE. OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - MISCELLANEOUS EXPENSES NOTWITHSTANDING SOME OF THE MOVING COSTS INCIDENT TO THE TRANSFER OF AN EMPLOYEE WERE INCURRED AT HIS OLD DUTY STATION PRIOR TO JULY 21. THE EMPLOYEE IS ENTITLED TO THE $200 MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED BY SECTION 3.2A (1) OF BUREAU OF THE BUDGET CIRCULAR A-56. THESE EXPENSES ARE OF A TYPE COMMON TO LIVING QUARTERS AND HOUSEHOLD APPLIANCE. NO RECEIPTS FOR THE EXPENSES ARE REQUIRED. PENDING THE ARRIVAL OF HIS HOUSEHOLD EFFECTS INCURS TEMPORARY SUBSISTENCE EXPENSES IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF FOOD.

B-160970, MARCH 24, 1967, 46 COMP. GEN. 709

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - EFFECTIVE DATE - PREMATURE TEMPORARY ARRIVAL A TRANSFERRED EMPLOYEE TRAVELING BY PRIVATELY OWNED AUTOMOBILE UNDER ORDERS DIRECTING TRAVEL TO BEGIN ON OR ABOUT JULY 17, 1966, BUT SPECIFYING NO ENDING DATE, WHO UNABLE TO SECURE ACCOMMODATIONS UPON ARRIVAL AT HIS NEW OFFICIAL DUTY STATION ON JULY 20, TRAVELS TO ANOTHER AREA TO OBTAIN LODGINGS, RETURNING TO THE NEW STATION ON THE 21ST, IS CONSIDERED TO HAVE REPORTED FOR DUTY ON JULY 21, 1966, THE EFFECTIVE DATE OF PUBLIC LAW 89- 516, AND, THEREFORE, HE IS ENTITLED TO THE ALLOWANCES AUTHORIZED BY THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. HOWEVER, THE SUBSISTENCE EXPENSES INCURRED PRIOR TO JULY 21 ARE NOT REIMBURSABLE, THE REGULATIONS IMPLEMENTING PUBLIC LAW 89-516 BEING EFFECTIVE RETROACTIVELY ONLY TO JULY 21, 1966, EXCEPT FOR THE NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS UNDER TRAVEL ORDERS ISSUED ON OR AFTER MAY 22, 1966, AS PROVIDED IN SECTION 6.5C. OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - MISCELLANEOUS EXPENSES NOTWITHSTANDING SOME OF THE MOVING COSTS INCIDENT TO THE TRANSFER OF AN EMPLOYEE WERE INCURRED AT HIS OLD DUTY STATION PRIOR TO JULY 21, 1966, THE EMPLOYEE IS ENTITLED TO THE $200 MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED BY SECTION 3.2A (1) OF BUREAU OF THE BUDGET CIRCULAR A-56, REVISED OCTOBER 12, 1966, THE EXPENSES INTENDED TO BE COVERED BY THE ALLOWANCE BEING THOSE THAT ARISE IN CONNECTION WITH DISCONTINUING A RESIDENCE AT ONE LOCATION AND CONTINUING IT AT A NEW LOCATION. THESE EXPENSES ARE OF A TYPE COMMON TO LIVING QUARTERS AND HOUSEHOLD APPLIANCE, SUCH AS CONNECTING AND DISCONNECTING APPLIANCES, CUTTING AND FITTING RUGS AND DRAPERIES, UTILITY DEPOSITS NOT RECOVERABLE, AND OTHER ITEMS, AND THE ALLOWANCE NOT PREDICATED ON THE AMOUNT OF THE EXPENSES INCURRED, NO RECEIPTS FOR THE EXPENSES ARE REQUIRED. OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS AN EMPLOYEE WHO UPON ARRIVING AT HIS NEW OFFICIAL DUTY STATION OCCUPIES PERMANENT QUARTERS, AND PENDING THE ARRIVAL OF HIS HOUSEHOLD EFFECTS INCURS TEMPORARY SUBSISTENCE EXPENSES IS NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF FOOD, RENTAL OF COTS, AND A PRO RATA SHARE OF THE MONTHLY RENT FOR THE PERIOD PRIOR TO RECEIVING HIS EFFECTS, PUBLIC LAW 89-516 AUTHORIZING REIMBURSEMENT FOR CERTAIN SUBSISTENCE EXPENSES ONLY WHEN TEMPORARY QUARTERS ARE OCCUPIED AT THE NEW STATION, AND THE PERMANENT QUARTERS OF THE EMPLOYEE, EVEN THOUGH NOT COMPLETELY FURNISHED, DO NOT QUALIFY AS TEMPORARY QUARTERS WITHIN THE CONTEMPLATION OF SECTION 2.5B (3) OF BUDGET BUREAU CIRCULAR NO. A 56, REVISED OCTOBER 12, 1966.

TO BAXTER REED, UNITED STATES DEPARTMENT OF AGRICULTURE, MARCH 24, 1967:

THIS IS IN REPLY TO YOUR REQUEST OF FEBRUARY 23, 1967, FOR AN ADVANCE DECISION UNDER 31 U.S.C. 82D AS TO WHETHER THE TWO VOUCHERS ENCLOSED THEREWITH MAY BE CERTIFIED FOR PAYMENT. THE VOUCHERS COVER CLAIMS FOR TRAVEL ALLOWANCES AND MOVING EXPENSES OF ANTHONY DURKAS, AN EMPLOYEE OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, ARISING UNDER PUBLIC LAW 89 -516, APPROVED JULY 21, 1966, 800 STAT. 323.

BY TRAVEL AUTHORIZATION DATED JULY 8, 1966, MR. DURKAS WAS DIRECTED TO TRAVEL FROM HOT SPRINGS, ARKANSAS, TO GAINESVILLE, GEORGIA, BEGINNING ON OR ABOUT JULY 17, 1966, WITH NO ENDING DATE SPECIFIED. THE RECORD SHOWS THAT PURSUANT TO SUCH TRAVEL AUTHORIZATION MR. DURKAS AND HIS FAMILY DEPARTED HOT SPRINGS AT 11 A.M. ON JULY 19, 1966, FOR TRAVEL BY PRIVATELY OWNED VEHICLE TO GAINESVILLE, GEORGIA. THE LATTER PLACE IS DISTANT ABOUT 625 MILES BY AUTOMOBILE FROM HOT SPRINGS.

MR. DURKAS ARRIVED IN GAINESVILLE AROUND 9 P.M. ON JULY 20, 1966, BUT WAS UNABLE TO OBTAIN LODGING AND WAS REQUIRED TO DRIVE TO ATLANTA, GEORGIA, APPROXIMATELY 60 MILES DISTANT, TO OBTAIN ACCOMMODATIONS FOR HIMSELF AND HIS FAMILY. HE DROVE BACK TO GAINESVILLE ON THE MORNING OF JULY 21, 1966, ARRIVING AT 6 A.M.

YOU ASK WHETHER MR. DURKAS IS (1) ENTITLED TO THE ALLOWANCES PROVIDED UNDER PUBLIC LAW 89-516 FOR EMPLOYEES REPORTING FOR DUTY AT THEIR NEW OFFICIAL STATION ON OR AFTER JULY 21, 1966, OR WHETHER HIS ARRIVAL IN GAINESVILLE, GEORGIA, ON THE EVENING OF JULY 20, 1966, CONSTITUTED A REPORTING SO AS TO RENDER HIM INELIGIBLE THEREFOR; (2) IF IT IS DETERMINED THAT HE REPORTED FOR DUTY ON JULY 21, 1966, IS HE ENTITLED TO THE PER DIEM ALLOWANCE FOR HIS FAMILY CONTAINED IN SECTION 2 OF PUBLIC LAW 89-516, 5 U.S.C. 5724A, FOR THE PERIOD PRIOR TO JULY 21, I.E., JULY 19 AND 20; (3) ASSUMING THAT HE REPORTED ON JULY 21 IS HE ENTITLED TO THE ALLOWANCE FOR MISCELLANEOUS EXPENSES OF $200 SINCE SOME OF HIS MOVING COSTS UNDOUBTEDLY WERE INCURRED AT THE OLD DUTY STATION PRIOR TO JULY 21, 1966; AND (4) ASSUMING THAT HE REPORTED ON JULY 21, IS HE ENTITLED TO THE COST OF SUBSISTENCE FOR FOOD, RENTAL OF COTS AND A PRO RATA SHARE OF MONTHLY RENT FOR THE 6 DAYS HE AND HIS FAMILY WERE OCCUPYING PERMANENT QUARTERS PENDING ARRIVAL OF THEIR HOUSEHOLD GOODS AND EFFECTS.

PUBLIC LAW 89-516 BECAME EFFECTIVE JULY 21, 1966. SECTION 3 OF THAT ACT, 5 U.S.C. 5724A NOTE, PROVIDED THAT REGULATIONS SHOULD BE PRESCRIBED WITHIN 90 DAYS BUT THAT THEY SHALL BE RETROACTIVE TO THE DATE OF ENACTMENT.

IN EXECUTIVE ORDER NO. 11290 OF JULY 21, 1966, THE PRESIDENT DELEGATED TO THE DIRECTOR, BUREAU OF THE BUDGET, THE AUTHORITY VESTED IN HIM BY SECTION 2 OF PUBLIC LAW 89-516. IN THE COVERING LETTER OF OCTOBER 12, 1966, TRANSMITTING BUREAU OF THE BUDGET CIRCULAR NO. A-56 OF THE SAME DATE, THE DIRECTOR PROVIDED IN PARAGRAPH 5 FOR THE EFFECTIVE DATE OF THE REGULATIONS AS FOLLOWS:

EFFECTIVE DATES. THIS REVISION OF THE CIRCULAR AND ACCOMPANYING REGULATIONS IS EFFECTIVE ON THE DATE OF ISSUANCE EXCEPT FOR THOSE PORTIONS WHICH IMPLEMENT THE PROVISIONS CONTAINED IN P.L. 89-516 AND WHICH ARE LISTED IN PARAGRAPH 3 OF THIS CIRCULAR.

THE PORTIONS OF THE REGULATIONS WHICH IMPLEMENT PROVISIONS OF P.L. 89-516 ARE EFFECTIVE RETROACTIVELY TO JULY 21, 1966, EXCEPT FOR A SPECIAL RETROACTIVE FEATURE SET FORTH IN SUBSECTION 6.5C OF THE REGULATIONS (ATTACHMENT A) PERTAINING TO NON-TEMPORARY STORAGE OF HOUSEHOLD GOODS WHICH MAY APPLY WHEN TRAVEL ORDERS ARE ISSUED ON OR AFTER MAY 22, 1966. ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER P.L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21, 1966, AND (B) EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21, 1966.'

WHILE MR. DURKAS PASSED THROUGH GAINESVILLE, THE AREA OF HIS OFFICIAL DUTY STATION, ON THE EVENING OF JULY 20, 1966, NEVERTHELESS HE WAS UNABLE TO REMAIN THERE DUE TO LACK OF ACCOMMODATIONS AND CONTINUED IN A TRAVEL STATUS UNTIL HIS RETURN TO GAINESVILLE THE FOLLOWING MORNING. THEREFORE, IT APPEARS CLEAR THAT MR. DURKAS DID NOT ACTUALLLY REPORT FOR DUTY AT HIS NEW OFFICIAL STATION UNTIL ON OR AFTER JULY 21, 1966, AND IS ENTITLED TO THE ALLOWANCES AUTHORIZED BY CIRCULAR NO. A-56 IF OTHERWISE QUALIFIED THEREFOR. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

WITH RESPECT TO YOUR SECOND QUESTION CONCERNING ENTITLEMENT TO PER DIEM IN LIEU OF SUBSISTENCE ALLOWANCES FOR THE EMPLOYEE'S FAMILY, COVERING ANY PERIOD PRIOR TO JULY 21, 1966, WE POINT OUT THAT NEITHER THE STATUTE NOR THE REGULATIONS UNDER WHICH SUCH ALLOWANCES MAY NOW BE AUTHORIZED ARE RETROACTIVE TO ANY DATE PRIOR TO THE EFFECTIVE DATE OF THE ACT (JULY 21, 1966), EXCEPT FOR THE ITEM OF NONTEMPORARY STORAGE AS PREVIOUSLY INDICATED. ACCORDINGLY, ANY PER DIEM IN LIEU OF SUBSISTENCE ALLOWANCES TO COVER SUBSISTENCE EXPENSES OF THE FAMILY INCURRED PRIOR TO THE EFFECTIVE DATE OF SUCH LAW AND REGULATIONS (JULY 21, 1966) WOULD NOT BE ALLOWABLE. YOUR SECOND QUESTION IS ANSWERED IN THE NEGATIVE.

REFERRING TO YOUR THIRD QUESTION RELATING TO THE ENTITLEMENT OF THE EMPLOYEE TO THE ALLOWANCE OF $200 FOR MISCELLANEOUS EXPENSES WHICH MAY INCLUDE SOME EXPENSES INCURRED PRIOR TO JULY 21, 1966, SECTION 3.2A (1) OF CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART AS FOLLOWS:

A. A MISCELLANEOUS EXPENSE ALLOWANCE SHALL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED, SUBJECT TO THE FOLLOWING LIMITATIONS AND CONDITIONS AND PROVIDED THE AGREEMENT REQUIRED IN SUBSECTION 1.3C IS SIGNED.

(1) ALLOWANCES IN THE FOLLOWING AMOUNTS MAY BE PAID WITHOUT BEING SUPPORTED BY RECEIPTS OR ITEMIZED STATEMENTS INDICATING THE NATURE OF COSTS OR EXPENSES BEING REIMBURSED:

(B) $200 OR THE EQUIVALENT OF TWO WEEKS' BASIC COMPENSATION, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH IMMEDIATE FAMILY. THE EXPENSES INTENDED TO BE COVERED BY THIS ALLOWANCE ARE THOSE THAT ARISE IN CONNECTION WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND CONTINUING IT AT A NEW LOCATION. THEY ARE OF A TYPE THAT ARE COMMON TO LIVING QUARTERS AND HOUSEHOLD APPLIANCES, SUCH AS CONNECTING AND DISCONNECTING APPLIANCES, CUTTING AND FITTING RUGS AND DRAPERIES, UTILITY DEPOSITS NOT RECOVERABLE, AND OTHER ITEMS. SEE CIRCULAR NO. A 56, SECTION 3.1. OBVIOUSLY SOME OF SUCH EXPENSES WILL NECESSARILY OCCUR AT THE NEW OFFICIAL STATION. ALSO, IT IS NOTED THAT THE $200 ALLOWANCE IS NOT PREDICATED ON THE AMOUNT OF EXPENSES INCURRED AND THAT NO RECEIPTS FOR SUCH EXPENSES ARE REQUIRED. ACCORDINGLY, THE $200 ITEM APPEARS PROPER FOR PAYMENT.

CONCERNING YOUR FOURTH QUESTION INVOLVING MR. DURKAS' ENTITLEMENT TO PAYMENT OF TEMPORARY SUBSISTENCE EXPENSES WHILE OCCUPYING HIS PERMANENT QUARTERS PENDING ARRIVAL OF HIS HOUSEHOLD EFFECTS, WE POINT OUT THAT PUBLIC LAW 89-516 AUTHORIZES REIMBURSEMENT OF CERTAIN SUBSISTENCE EXPENSES ONLY WHEN TEMPORARY QUARTERS ARE OCCUPIED AT THE NEW OFFICIAL STATION. MOREOVER, SECTION 2.5B (3) OF CIRCULAR NO. A-56 PROVIDES:

TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.

SINCE THE QUARTERS INTO WHICH MR. DURKAS MOVED WERE ACTUALLY HIS PERMANENT QUARTERS, ALBEIT NOT YET COMPLETELY FURNISHED, SUCH QUARTERS WOULD NOT QUALIFY AS TEMPORARY QUARTERS IN WHICH HE RESIDED FOR A SHORT PERIOD PRIOR TO MOVING INTO HIS PERMANENT QUARTERS. ACCORDINGLY, HE IS NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED UNDER SUCH CIRCUMSTANCES.

THE VOUCHERS ARE RETURNED HEREWITH FOR CERTIFICATION ONLY IN ACCORDANCE WITH THE FOREGOING.