[Claim for Temporary Quarters Subsistence Expenses]

A decision was requested as to whether a transferred employee of the Geological Survey (USGS) was entitled to temporary quarters subsistence expenses for a period during which he leased his former residence. USGS disallowed the claim stating that an employee who continues to occupy a residence on a rental basis after its sale is not entitled to temporary quarters expenses where there is no evidence of intention to vacate the permanent residence quarters. The employee stated that: (1) when he sold the old residence, he vacated it as a permanent residence; and (2) he was informed by a USGS official that he would be eligible for temporary quarters expenses at the same location. GAO found that, since the employee made advance arrangements to continue occupying the residence, there was no evidence to support a conclusion that he had intended to vacate the premises upon its sale. Further, GAO held that the receipt of erroneous information from an agency official does not afford a legal basis for payment of appropriated funds. Accordingly, the claim for reimbursement for temporary quarters subsistence expenses may not be paid.