B-165845, FEB. 5, 1969

B-165845: Feb 5, 1969

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USA: THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 6. GLASSMAN WAS TRANSFERRED FROM PHILADELPHIA. WAS AUTHORIZED TEMPORARY QUARTERS SUBSISTENCE EXPENSE FOR A PERIOD OF NOT MORE THAN 30 DAYS. GLASSMAN WAS UNABLE TO MOVE INTO HIS PERMANENT RESIDENCE UNTIL APRIL 8. THE EMPLOYEE WAS REIMBURSED FOR THE 30-DAY PERIOD FROM FEBRUARY 27 THROUGH MARCH 27. WHEN THE EMPLOYEE WAS UNABLE TO OCCUPY HIS PERMANENT RESIDENCE BECAUSE OF THE MOVERS' STRIKE. APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO AN AGENCY FOR ADMINISTRATIVE EXPENSES ARE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OF AN EMPLOYEE FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORTATION UNDER SECTION 5724/A) OF THIS TITLE: "/3) SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY FOR A PERIOD OF 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS WHEN THE NEW OFFICIAL STATION IS LOCATED WITHIN THE UNITED STATES.

B-165845, FEB. 5, 1969

TO MAJOR S. F. GUMBS, JR., USA:

THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 6, 1968, REFERENCE DCRN FOAAP, REQUESTING OUR DECISION AS TO WHETHER MR. ELLIOT GLASSMAN, AN EMPLOYEE OF YOUR AGENCY, MAY BE REIMBURSED ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE EXPENSE FOR THE PERIOD MARCH 28 TO APRIL 8, 1968, BECAUSE OF EXTENUATING CIRCUMSTANCES.

MR. GLASSMAN WAS TRANSFERRED FROM PHILADELPHIA, PENNSYLVANIA, TO NEW YORK, NEW YORK, AND WAS AUTHORIZED TEMPORARY QUARTERS SUBSISTENCE EXPENSE FOR A PERIOD OF NOT MORE THAN 30 DAYS. THE EMPLOYEE OCCUPIED TEMPORARY QUARTERS ON FEBRUARY 27, 1968, AND MADE ARRANGEMENTS TO MOVE INTO PERMANENT RESIDENCE QUARTERS ON MARCH 15. DUE TO A MOVERS' STRIKE IN NEW YORK MR. GLASSMAN WAS UNABLE TO MOVE INTO HIS PERMANENT RESIDENCE UNTIL APRIL 8. THE EMPLOYEE WAS REIMBURSED FOR THE 30-DAY PERIOD FROM FEBRUARY 27 THROUGH MARCH 27, 1968. YOU REQUEST OUR DECISION AS TO WHETHER YOU MAY PAY ADDITIONAL ALLOWANCE FOR THE PERIOD MARCH 28 TO APRIL 8, 1968, WHEN THE EMPLOYEE WAS UNABLE TO OCCUPY HIS PERMANENT RESIDENCE BECAUSE OF THE MOVERS' STRIKE.

SECTION 5724A OF TITLE 5, U.S.C. PROVIDING FOR THE PAYMENT OF RELOCATION EXPENSES OF EMPLOYEES TRANSFERRED OR REEMPLOYED, READS IN PERTINENT PART AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND TO THE EXTENT CONSIDERED NECESSARY AND APPROPRIATE, AS PROVIDED THEREIN, APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO AN AGENCY FOR ADMINISTRATIVE EXPENSES ARE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OF AN EMPLOYEE FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORTATION UNDER SECTION 5724/A) OF THIS TITLE:

"/3) SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY FOR A PERIOD OF 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS WHEN THE NEW OFFICIAL STATION IS LOCATED WITHIN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. THE PERIOD OF RESIDENCE IN TEMPORARY QUARTERS MAY BE EXTENDED FOR AN ADDITIONAL 30 DAYS WHEN THE EMPLOYEE MOVES TO OR FROM HAWAII, ALASKA, THE TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. * * *"

UNDER THE CLEAR WORDING OF SUBSECTIONS 2.5B (1) AND (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, IMPLEMENTING 5 U.S.C. 5724A (A) (3), AN EXTENSION OF THE ALLOWANCE FOR AN ADDITIONAL PERIOD OF UP TO 30 DAYS OCCUPANCY OF TEMPORARY QUARTERS MAY BE GRANTED ONLY WHEN THE OLD OR NEW OFFICIAL STATION IS LOCATED IN HAWAII, ALASKA, THE TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO OR THE CANAL ZONE. 48 COMP. GEN. --- (B-164940, AUGUST 28, 1968), COPY ENCLOSED. IT IS OBVIOUS THAT MR. GLASSMAN'S TRANSFER FROM PHILADELPHIA TO NEW YORK DOES NOT QUALIFY FOR EXTENSION OF THE PERIOD OF TEMPORARY OCCUPANCY OF QUARTERS IN EXCESS OF THE INITIAL 30 DAYS.

ACCORDINGLY, THE VOUCHER COVERING ADDITIONAL SUBSISTENCE EXPENSE FOR THE PERIOD MARCH 28 TO APRIL 8, 1968, MAY NOT BE PAID AND IS RETAINED HERE.