B-168458, DEC. 22, 1969

B-168458, DEC. 22, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--AWAITING ARRIVAL OF HOUSEHOLD EFFECTS EMPLOYEE WHO UPON PERMANENT TRANSFER FROM MIAMI TO FORT LAUDERDALE, FLA; SOLD OLD RESIDENCE, STORED HOUSEHOLD EFFECTS AND OCCUPIED TEMPORARY QUARTERS FOR 30 DAYS AT NEW OFFICIAL STATION, 28 MILES FROM OLD RESIDENCE, WHILE AWAITING POSSESSION OF NEW FORT LAUDERDALE HOME, IS NOT ENTITLED TO REIMBURSEMENT FOR TEMPORARY QUARTERS SINCE LANGUAGE IN SEC. 2.5B (7) OF BUREAU OF BUDGET CIR. NO. A-56, AS AMENDED JUNE 26, 1969, "PERIOD DURING WHICH THE EMPLOYEE IS AWAITING THE ARRIVAL OF HIS HOUSEHOLD GOODS SHIPPED FROM THE OLD RESIDENCE TO THE NEW RESIDENCE" ONLY CONTEMPLATES DELIVERY DELAY CAUSED BY FACTORS RELATED TO TRANSPORTATION OF GOODS AS DISTINQUISHED FROM DELAY CAUSED BY INABILITY OF EMPLOYEE TO OBTAIN POSSESSION OF NEW RESIDENCE.

TO MR. R. J. SCHULLERY:

THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 20, 1969, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER FOR $940 IN FAVOR OF MR. WILLIAM E. RICE, AN EMPLOYEE OF YOUR AGENCY. THE VOUCHER REPRESENTS A CLAIM FOR REIMBURSEMENT OF SUBSISTENCE EXPENSES OF MR. RICE AND HIS IMMEDIATE FAMILY FOR 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO MR. RICE'S TRANSFER FROM MIAMI, FLORIDA, TO FORT LAUDERDALE, FLORIDA, UNDER THE CIRCUMSTANCES STATED BELOW.

MR. RICE WAS OFFICIALLY INFORMED ON MAY 8, 1969, THAT HE WOULD BE TRANSFERRED ON JUNE 16, 1969, AND TRAVEL ORDER DATED JUNE 5, 1969, AUTHORIZED PER DIEM AS REQUIRED FOR TEMPORARY QUARTERS AT CURRENT PUBLISHED RATES. MR. RICE SOLD HIS OLD RESIDENCE AND PURCHASED A NEW RESIDENCE IN THE FORT LAUDERDALE AREA. IN ORDER TO CONSUMMATE THE SALE OF HIS OLD RESIDENCE MR. RICE GAVE POSSESSION TO THE PURCHASER ON JUNE 15, 1969, AFTER HAVING VACATED THE RESIDENCE ON JUNE 13, 1969, THE PRECEDING FRIDAY. SINCE MR. RICE COULD NOT OBTAIN POSSESSION OF HIS NEW HOUSE UNTIL JULY 14, 1969, HE STORED HIS FURNITURE AND OCCUPIED TEMPORARY QUARTERS. YOU STATE THAT THE DISTANCE BETWEEN MR. RICE'S NEW OFFICIAL STATION AND HIS OLD RESIDENCE IS 28 MILES AND THERE IS DOUBT AS TO WHETHER THE CLAIM MAY BE ALLOWED IN VIEW OF THE PROVISIONS OF SECTION 2.5B (7) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

THE ABOVE-CITED SECTION OF THE CIRCULAR, AS AMENDED JUNE 26, 1969, PROVIDES AS FOLLOWS:

"/7) AN EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WILL NOT BE ELIGIBLE FOR TEMPORARY QUARTERS WHEN THE EMPLOYEE'S NEW OFFICIAL STATION, IN RELATION TO HIS OLD RESIDENCE, IS LESS THAN 40 MILES FARTHER THAN THE DISTANCE BETWEEN THE OLD RESIDENCE AND THE EMPLOYEE'S OLD OFFICIAL STATION, EXCEPT THAT THE EXPENSES OF TEMPORARY QUARTERS ARE ALLOWABLE FOR THE PERIOD DURING WHICH THE EMPLOYEE IS AWAITING THE ARRIVAL OF HIS HOUSEHOLD GOODS SHIPPED FROM THE OLD TO THE NEW RESIDENCE PROVIDED USE OF SUCH QUARTERS IS BEGUN NOT LATER THAN THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION. ALL MEASUREMENTS WILL BE MADE ACCORDING TO MAP DISTANCE ALONG A USUALLY TRAVELED ROUTE.'

THE TERM "PERIOD DURING WHICH THE EMPLOYEE IS AWAITING THE ARRIVAL OF HIS HOUSEHOLD GOODS SHIPPED FROM THE OLD RESIDENCE TO THE NEW RESIDENCE" IS NOT DEFINED IN THE CIRCULAR. IT IS OUR VIEW, HOWEVER, THAT THE REGULATION ONLY CONTEMPLATES ALLOWANCE FOR THE PERIOD OF DELAY IN THE DELIVERY OF THE HOUSEHOLD GOODS TO THE NEW RESIDENCE CAUSED BY FACTORS RELATED TO THE TRANSPORTATION OF THE GOODS AS DISTINGUISHED FROM A DELAY CAUSED BY THE INABILITY OF AN EMPLOYEE TO OBTAIN POSSESSION OF HIS NEW RESIDENCE.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.