B-162044 L/M, AUG 9, 1967

B-162044 L/M, AUG 9, 1967

PRECIS-UNAVAILABLE

MRS. NEDRA A. BLACKWELL, UNITED STATES DEPARTMENT OF THE INTERIOR:

THIS IS IN REPLY TO YOUR LETTER OF JULY 12, 1967, YOUR REFERENCE 360, WHEREIN YOU ASK WHETHER A RECLAIM VOUCHER SUBMITTED BY JOHN L. CHASE, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, IN THE AMOUNT OF $72.74 CLAIMING BENEFITS UNDER PUB. L. 89-516, 80 STAT. 323, AS IMPLEMENTED IN BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, MAY BE CERTIFIED FOR PAYMENT.

YOU STATE THAT MR. CHASE'S CLAIM INVOLVES TEMPORARY SUBSISTENCE EXPENSES FOR HIMSELF AND HIS IMMEDIATE FAMILY FOR THE THREE-DAY PERIOD JUNE 6 - 8, 1967, DURING WHICH HE LIVED IN HIS PERMANENT RESIDENCE TRAILER AT HIS NEW DUTY STATION, COULEE DAM, WASHINGTON, PRIOR TO THE TIME THE GAS WAS HOOKED UP AND THE TRAILER WAS IN A LIVABLE CONDITION. MR. CHASE FEELS THAT ON THE BASIS OF THE INCONVENIENCE AND INABILITY TO PERFORM NORMAL HOUSEHOLD DUTIES DUE TO LACK OF GAS, WATER, ETC. DURING THESE THREE DAYS HE SHOULD BE ENTITLED TO THE SUBSISTENCE EXPENSES.

SECTION 2 OF PUB. L. 89-516, APPROVED JULY 21, 1966, AMENDED THE ADMINISTRATIVE EXPENSES ACT OF 1946 TO AUTHORIZE, AMONG OTHER THINGS, THE PAYMENT OF THE SUBSISTENCE EXPENSES OF AN EMPLOYEE "WHILE OCCUPYING TEMPORARY QUARTERS". WE NOTE THAT BUREAU OF THE BUDGET CIRCULAR NO. A 56, SECTION 2.5B(3) DEFINES "TEMPORARY QUARTERS" AS FOLLOWS:

"TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS."

EVEN THOUGH MR. CHASE INCURRED EXPENSES OF MEALS FOR THE PERIOD JUNE 6 - 8, 1967, IT DOES NOT ALTER THE FACT THAT HE AND HIS FAMILY WERE OCCUPYING PERMANENT RESIDENCE QUARTERS ON JUNE 6, 1967, THE DAY AFTER ARRIVAL AT THE NEW OFFICIAL STATION. CONSEQUENTLY, THE EMPLOYEE'S CLAIM FOR THE EXPENSES IN QUESTION CANNOT BE CONSIDERED AS ARISING OUT OF THE OCCUPANCY OF TEMPORARY QUARTERS WITHIN THE MEANING OF THE LAW AND REGULATIONS QUOTED ABOVE. SEE B-160904, MARCH 7, 1967, AND B 161363, MAY 8, 1967 (COPIES ENCLOSED).

THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.