B-172855, JUN 2, 1971, 50 COMP GEN 829

B-172855, JUN 2, 1971, 50 COMP GEN 829

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS - TIME LIMITATION EMPLOYEES OF THE FEDERAL HIGHWAY ADMINISTRATION WHO ARE TRANSFERRED BETWEEN DUTY STATIONS WITHIN THE STATE OF ALASKA ARE ONLY ENTITLED TO SUBSISTENCE EXPENSES FOR A PERIOD OF 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS WITH THEIR DEPENDENTS, WHICH IS THE PERIOD PRESCRIBED IN 5 U.S.C. 5724AA)(3) AND IMPLEMENTING REGULATIONS WHEN A NEW OFFICIAL STATION IS LOCATED WITHIN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. THE EXTENSION OF THE SUBSISTENCE ALLOWANCE FOR AN ADDITIONAL PERIOD OF UP TO 30 DAYS OCCUPANCY OF TEMPORARY QUARTERS APPLIES ONLY WHEN AN EMPLOYEE TRANSFERS TO OR FROM HAWAII, ALASKA, THE TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE, AND, THEREFORE, THE EMPLOYEES TRANSFERRED WITHIN ALASKA ARE SUBJECT TO THE 30-DAY LIMITATION.

TO I. E. GILLSON, UNITED STATES DEPARTMENT OF TRANSPORTATION, JUNE 2, 1971:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 30, 1971, REFERENCE 08 00.14, REQUESTING OUR DECISION WHETHER EMPLOYEES TRANSFERRING FROM ANCHORAGE OR FAIRBANKS, ALASKA, TO JUNEAU, ALASKA, WOULD BE ELIGIBLE FOR TEMPORARY QUARTERS ALLOWANCE FOR A MAXIMUM OF 60 DAYS UNDER THE PROVISIONS OF 5 U.S.C. 5724A.

YOU SAY THAT DUE TO A PLANNED REORGANIZATION OF THE FEDERAL HIGHWAY ADMINISTRATION ACTIVITIES IN ALASKA SEVERAL EMPLOYEES WITH HEADQUARTERS IN ALASKA ARE TO BE TRANSFERRED TO JUNEAU, ALASKA, ON OR ABOUT JUNE 1, 1971. BECAUSE OF THE DIFFICULTIES ENCOUNTERED IN OBTAINING LIVING ACCOMMODATIONS ANYWHERE IN ALASKA EACH OF THE EMPLOYEES HAS REQUESTED THE MAXIMUM OF 60 DAYS TEMPORARY QUARTERS ALLOWANCE.

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.

SUBSECTIONS 2.5B(1) AND (2) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PERTAINING TO SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS WHEN AN EMPLOYEE IS TRANSFERRED TO A NEW OFFICIAL STATION, PROVIDE AS FOLLOWS:

(1) SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND EACH MEMBER OF HIS IMMEDIATE FAMILY (DEFINED IN 1.2D), FOR A PERIOD OF NOT MORE THAN 30 CONSECUTIVE DAYS WHILE NECESSARILY OCCUPYING TEMPORARY QUARTERS WILL BE ALLOWED WHEN THE NEW OFFICIAL STATION IS LOCATED IN THE 50 STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO AND THE CANAL ZONE, PROVIDED A WRITTEN AGREEMENT AS REQUIRED IN 1.3C IS SIGNED IN CONNECTION WITH SUCH TRANSFER. THE PERIOD OF CONSECUTIVE DAYS MAY BE INTERRUPTED TO TAKE ACCOUNT OF THE TIME THAT IS ALLOWED FOR TRAVEL BETWEEN THE OLD AND NEW OFFICIAL STATIONS OR WHICH IS DUE TO CIRCUMSTANCES ATTRIBUTABLE TO OFFICIAL NECESSITY, AS FOR EXAMPLE, AN INTERVENING TEMPORARY DUTY ASSIGNMENT.

(2) SUCH EXPENSES AS PROVIDED IN (1) ABOVE MAY BE ALLOWED FOR A PERIOD OF NOT TO EXCEED AN ADDITIONAL 30 CONSECUTIVE DAYS WHILE OCCUPYING TEMPORARY QUARTERS WHEN THE EMPLOYEE IS TRANSFERRED EITHER TO OR FROM HAWAII, ALASKA, THE TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, AND THE CANAL ZONE TO THE EXTENT DETERMINED TO BE NECESSARY. THE SAME CONSIDERATIONS AS EXPRESSED IN (1) ABOVE ARE APPLICABLE IN ALLOWING ANY EXTENSION OF THE ADDITIONAL PERIOD.

UNDER THE CLEAR WORDING OF THE STATUTE AND REGULATIONS AN EXTENSION OF THE ALLOWANCE FOR AN ADDITIONAL PERIOD OF UP TO 30 DAYS OCCUPANCY OF TEMPORARY QUARTERS MAY BE GRANTED ONLY WHEN THE EMPLOYEE TRANSFERS TO OR FROM HAWAII, ALASKA, THE TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. TRANSFERS WITHIN THAT STATE OF ALASKA ARE SUBJECT TO THE 30-DAY LIMITATION IN THE FIRST SENTENCE OF 5 U.S.C. 5724AA)(3) AND IN SUBSECTION 2.5B(1) OF CIRCULAR NO. A-56.

YOUR QUESTION IS ACCORDINGLY ANSWERED IN THE NEGATIVE.