B-161530, JUN. 14, 1967

B-161530: Jun 14, 1967

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THE EMPLOYEES ARE CLAIMING BENEFITS AUTHORIZED BY PUB.L. 89-516 AS IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. FINCH YOU QUESTION THE PAYMENT OF $35 REPRESENTING A NONREFUNDABLE APARTMENT CLEANING CHARGE THAT THE EMPLOYEE IS CLAIMING AS MISCELLANEOUS EXPENSE. A-56 PROVIDES THAT THE MISCELLANEOUS ALLOWANCES ARE RELATED TO EXPENSES THAT ARE COMMON TO LIVING QUARTERS. IT APPEARS FROM THE PRINTED LEASE SIGNED BY THE EMPLOYEE THAT THE NONREFUNDABLE CLEANING CHARGE IS SOMETHING THAT ALL OF THE TENANTS IN THE AREA ARE REQUIRED TO PAY AND IS IN THE NATURE OF PART OF THE RENT. OUR VIEW IS THAT SUCH AN EXPENSE WOULD NOT BE REIMBURSABLE AS A MISCELLANEOUS EXPENSE UNDER SECTION 3 OF CIRCULAR NO. WHICH HE WILL LATER OCCUPY AS PERMANENT QUARTERS UPON RECEIPT OF HIS HOUSEHOLD EFFECTS.

B-161530, JUN. 14, 1967

TO THE AUTHORIZED CERTIFYING OFFICER:

THIS REFERS TO YOUR LETTER OF MAY 10, 1967, WITH ENCLOSURES, REFERENCE 54 -27, REQUESTING OUR DECISION WHETHER THE ENCLOSED VOUCHERS MAY BE CERTIFIED FOR PAYMENT. THE EMPLOYEES ARE CLAIMING BENEFITS AUTHORIZED BY PUB.L. 89-516 AS IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

IN THE VOUCHER PRESENTED BY MR. BOBBY D. FINCH YOU QUESTION THE PAYMENT OF $35 REPRESENTING A NONREFUNDABLE APARTMENT CLEANING CHARGE THAT THE EMPLOYEE IS CLAIMING AS MISCELLANEOUS EXPENSE. SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES THAT THE MISCELLANEOUS ALLOWANCES ARE RELATED TO EXPENSES THAT ARE COMMON TO LIVING QUARTERS, FURNISHINGS AND HOUSEHOLD APPLIANCES AND OTHER TYPES OF COSTS INHERENT IN RELOCATION OF A PLACE OR RESIDENCE.

IT APPEARS FROM THE PRINTED LEASE SIGNED BY THE EMPLOYEE THAT THE NONREFUNDABLE CLEANING CHARGE IS SOMETHING THAT ALL OF THE TENANTS IN THE AREA ARE REQUIRED TO PAY AND IS IN THE NATURE OF PART OF THE RENT. THEREFORE, OUR VIEW IS THAT SUCH AN EXPENSE WOULD NOT BE REIMBURSABLE AS A MISCELLANEOUS EXPENSE UNDER SECTION 3 OF CIRCULAR NO. A-56; NOR WOULD IT BE REIMBURSABLE UNDER SECTION 4 THEREOF PERTAINING TO REAL ESTATE TRANSACTIONS AND UNEXPIRED LEASES. HOWEVER, WE DIRECT YOUR ATTENTION TO SECTION 3.2 (A) OF CIRCULAR NO. A-56 WHICH AUTHORIZES PAYMENT OF AN ALLOWANCE OF $200 FOR MISCELLANEOUS EXPENSES WITHOUT BEING SUPPORTED BY ITEMIZED STATEMENTS OR RECEIPTS. SEE OUR DECISION OF MARCH 24, 1967, B- 160970, COPY HEREWITH.

IN THE CASE OF MR. ARTHUR A. FENDRICK YOU REQUEST A DECISION WHETHER A MOVE FROM TEMPORARY QUARTERS TO AN UNFURNISHED APARTMENT, WHICH HE WILL LATER OCCUPY AS PERMANENT QUARTERS UPON RECEIPT OF HIS HOUSEHOLD EFFECTS, BE CONSIDERED TEMPORARY OR PERMANENT. IT IS NOTED THAT MR. FENDRICK IS CLAIMING THE COST OF THE RENTAL OF FURNITURE PLUS THE COST OF MEALS DURING THIS PERIOD.

PUB.L. 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 BUREAU OF THE BUDGET 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 TO 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'

SINCE YOU SAY THAT THE QUARTERS INTO WHICH MR. FENDRICK MOVED ON NOVEMBER 10, 1966, WERE ACTUALLY HIS PERMANENT QUARTERS, ALTHOUGH FURNISHED WITH RENTED FURNITURE, SUCH QUARTERS WOULD NOT QUALIFY AS TEMPORARY QUARTERS. SEE B-160904, DATED MARCH 7, 1967, AND B-160970, DATED MARCH 24, 1967. ACCORDINGLY, HE IS NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED.

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