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[Request for Advance Decision on Entitlement to Reimbursement for Transportation Expenses]

B-212316 Jan 25, 1984
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Highlights

An advance decision was requested concerning whether a foreign employee of the U.S. Information Agency could be allowed reimbursement for transportation expenses and per diem for himself and his dependents in connection with his employment in a shortage category position. The agency had authorized travel and per diem for the employee, his dependents and his sister-in-law. In addition, the employee requested payment for excess baggage charges. The certifying officer disallowed the employee's claim for transportation and per diem costs because his travel was performed more than 6 months before his employment. In addition, the transportation expense claim for his wife and children was disallowed because of a discrepancy between the dates of the air travel tickets presented and the dates the employee claimed the travel was performed; in addition, their travel was performed on a foreign flag air carrier. The per diem claim for the family was disallowed because Federal Travel Regulations do not authorize per diem allowances for the family of new shortage category appointees. The employee's claims for the expenses of his sister-in-law were also disallowed because a sister-in-law is not a member of an employee's immediate family as defined in Federal Travel Regulations. Legislation provides the authority to pay the travel expenses of aliens employed abroad for service in the United States and their dependents. However, since the employee was in the United States at the time of his initial employment, authority to pay his or his family's travel expenses was not allowed and, since the family flew from overseas on a foreign air carrier, their travel expenses were limited by the Fly America Act. Finally, the employee's claim for excess baggage appeared to be greatly in excess of the amount which an agency could reasonably allow, and the employee did not submit the required receipts for the costs, so no part of this claim could be allowed. Accordingly, no part of the employee's claim could be allowed on the basis of the record.

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