B-161363, MAY 8, 1967

B-161363: May 8, 1967

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TO THE AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF APRIL 13. THE EMPLOYEE INDICATES THAT THE FAMILY USED BEDROLLS OR SLEEPING BAGS WHICH WERE PLACED ON THE FLOOR AND THAT ALL MEALS WERE EATEN IN RESTAURANTS. HE IS CLAIMING $23.35 FOR RENTAL OF TEMPORARY QUARTERS FOR THE PERIOD SEPTEMBER 8 TO 13. YOU SAY THE CLAIM IS BASED ON THE PREMISE THAT A SAVINGS TO THE GOVERNMENT IS REALIZED IN COMPARISON TO EXPENSES THAT WOULD HAVE BEEN INCURRED HAD THE FAMILY OCCUPIED A MOTEL FOR THE SAME PERIOD. 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.

B-161363, MAY 8, 1967

TO THE AUTHORIZED CERTIFYING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1967, WHEREIN YOU ASK WHETHER AN ITEM INCLUDED IN A TRAVEL VOUCHER SUBMITTED BY VERNON B. DALE, FOR $192.85, COVERING EXPENSES FOR SUBSISTENCE AND OCCUPANCY OF QUARTERS AT HIS NEW OFFICIAL STATION MAY BE CERTIFIED FOR PAYMENT.

YOU STATE THAT THE EMPLOYEE RENTED A VACANT HOUSE AS HIS PERMANENT RESIDENCE AND MOVED INTO IT WITH HIS FAMILY ON SEPTEMBER 8, 1966, PRIOR TO THE ARRIVAL OF HIS HOUSEHOLD GOODS ON SEPTEMBER 13, 1966. THE EMPLOYEE INDICATES THAT THE FAMILY USED BEDROLLS OR SLEEPING BAGS WHICH WERE PLACED ON THE FLOOR AND THAT ALL MEALS WERE EATEN IN RESTAURANTS. HE IS CLAIMING $23.35 FOR RENTAL OF TEMPORARY QUARTERS FOR THE PERIOD SEPTEMBER 8 TO 13, PLUS THE SUM OF $162 FOR MEALS OVER THE SIX DAYS INVOLVED AND $7.50 FOR LAUNDRY AND CLEANING. YOU SAY THE CLAIM IS BASED ON THE PREMISE THAT A SAVINGS TO THE GOVERNMENT IS REALIZED IN COMPARISON TO EXPENSES THAT WOULD HAVE BEEN INCURRED HAD THE FAMILY OCCUPIED A MOTEL FOR THE SAME PERIOD.

SECTION 2 OF PUB.L. 89-516, APPROVED JULY 21, 1966, AMENDED THE ADMINISTRATIVE EXPENSES ACT OF 1946 TO AUTHORIZE, AMONG OTHER THINGS, THE PAYMENT OF THE SUBSISTENCE EXPENSES OF AN EMPLOYEE ,WHILE OCCUPYING TEMPORARY QUARTERS.' BUREAU OF THE BUDGET CIRCULAR NO. A-56, SECTION 2.5B (3) 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.'

EVEN THOUGH MR. DALE WAS REQUIRED TO PAY RENT AND ALSO INCURRED EXPENSES OF MEALS FOR THE PERIOD SEPTEMBER 8 TO 13, 1966, IT DOES NOT ALTER THE FACT THAT HE AND HIS FAMILY WERE OCCUPYING PERMANENT RESIDENCE QUARTERS ON SEPTEMBER 8, 1966, THE DAY AFTER ARRIVAL AT THE NEW OFFICIAL STATION. CONSEQUENTLY, THE EMPLOYEE'S CLAIM FOR THE EXPENSES IN QUESTION CANNOT BE CONSIDERED AS ARISING OUT OF THE RENTAL OF TEMPORARY QUARTERS WITHIN THE MEANING OF THE LAW AND REGULATIONS QUOTED ABOVE.

THE VOUCHER IS RETURNED HEREWITH AND THE ITEM OF $192.85 MAY NOT BE CERTIFIED FOR PAYMENT.