B-161348, MAY 31, 1967

B-161348, MAY 31, 1967

TO AUTHORIZED CERTIFYING OFFICER:

WE REFER TO YOUR LETTER OF APRIL 21, 1967, BY WHICH YOU FORWARDED FOR OUR ADVANCE DECISION THE RECLAIM TRAVEL VOUCHER FOR $189.41 OF MR. WILLIAM J. MEAGHER, AN EMPLOYEE OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE, FOR REIMBURSEMENT OF CERTAIN EXPENSES HE INCURRED INCIDENT TO HIS TRANSFER OF STATION FROM LOUISVILLE, KENTUCKY, TO DETROIT, MICHIGAN, ON OR ABOUT SEPTEMBER 7, 1966.

MR. MEAGHER CLAIMS $89.41 REIMBURSEMENT FOR THE ACTUAL COST OF THE MEALS HE PURCHASED FOR HIMSELF AND HIS FAMILY FROM SEPTEMBER 8 TO 11, 1966. DURING THIS PERIOD HE WAS OCCUPYING THE RESIDENCE IN WHICH HE INTENDED TO LIVE AT HIS NEW DUTY STATION BUT DUE TO THE FACT THAT THE APPLIANCES NECESSARY FOR MEAL PREPARATION HAD NOT BEEN INSTALLED HE SPENT THE AMOUNT IN QUESTION ON MEALS IN RESTAURANTS.

SECTION 23 (3) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB.L. 89-516, AUTHORIZES REIMBURSEMENT TO TRANSFERRED EMPLOYEES FOR THE SUBSISTENCE EXPENSES WHICH THEY INCUR WHILE "OCCUPYING TEMPORARY QUARTERS" IN CONNECTION WITH A TRANSFER. SECTION 2.5 (B) (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES:

"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.'

UNDER THE PROVISIONS OF THE CONTROLLING LAW AND REGULATION MR. MEAGHER IS NOT ENTITLED TO REIMBURSEMENT OF THE SUBSISTENCE EXPENSES CLAIMED BECAUSE HE WAS NOT OCCUPYING TEMPORARY QUARTERS AT THE TIME SUCH EXPENSES WERE INCURRED. B-161363, MAY 8, 1967, COPY ENCLOSED.

MR. MEAGHER ALSO CLAIMS REIMBURSEMENT FOR THE $100 HE PAID TO HIS LANDLORD AT HIS OLD DUTY STATION IN ORDER TO TERMINATE HIS UNEXPIRED LEASE. SINCE REIMBURSEMENT OF THE EXPENSE OF LEASE TERMINATION IS SPECIFICALLY AUTHORIZED BY SECTION 23 (4) OF THE CITED ACT YOUR ONLY QUESTION APPEARS TO BE WHETHER THE EVIDENCE SUBMITTED IN SUPPORT OF THIS ITEM IS SUFFICIENT TO JUSTIFY REIMBURSEMENT OF THE AMOUNT CLAIMED. SECTION 4.2F OF CIRCULAR NO. A-56 SPECIFIES THAT THE EXPENSES INCURRED FOR SETTLING OF AN UNEXPIRED LEASE ARE REIMBURSABLE WHEN (1) THE TERMS OF THE LEASE PROVIDE FOR PAYMENT OF SUCH EXPENSES, (2) SUCH COSTS CANNOT BE AVOIDED BY SUBLEASING OR OTHER ARRANGEMENTS, AND (3) THE EMPLOYEE HAS NOT CONTRIBUTED TO THE COST BY FAILING TO GIVE TIMELY NOTICE OF INTENT TO MOVE PROMPTLY AFTER HE HAS KNOWLEDGE OF THE TRANSFER TO THE NEW STATION. HOWEVER, SUCH REGULATIONS FAIL TO INDICATE THE TYPES OF EVIDENCE TO BE SUBMITTED TO SHOW COMPLIANCE THEREWITH. WE NOTE THAT MR. MEAGHER HAS SUBMITTED A STATEMENT SIGNED BY THE LESSOR AND HIMSELF TO THE EFFECT THAT MR. MEAGHER WAS REQUIRED BY THE TERMS OF HIS LEASE TO PAY $100 FOR TERMINATION THEREOF IN AUGUST OR SEPTEMBER 1966. ALSO, MR. MEAGHER HAS SUBMITTED A RECEIPT SHOWING PAYMENT OF THE $100 AS WELL AS A CERTIFICATION THAT HE COULD NOT HAVE AVOIDED LIABILITY FOR THAT AMOUNT BY GIVING EARLIER NOTICE OF HIS INTENTION TO TERMINATE OR BY SUBLETTING. WE BELIEVE THIS EVIDENCE IS SUFFICIENT TO ESTABLISH MR. MEAGHER'S COMPLIANCE WITH THE REGULATIONS AND THAT HE IS ENTITLED TO REIMBURSEMENT OF THE $100 IN QUESTION.

REGARDING THE PAYMENT ALLOWED MR. MEAGHER ON HIS ORIGINAL VOUCHER FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS ON THE NIGHT OF SEPTEMBER 7, 1966, YOU SAY THAT HE ARRIVED AT HIS NEW DUTY STATION AT 1:30 P.M., SEPTEMBER 7, A TOTAL OF 23 HOURS AFTER HE HAD DEPARTED HIS FORMER DUTY STATION. UNDER SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS HE WAS PAID ONE DAY'S PER DIEM IN LIEU OF SUBSISTENCE FOR THAT TRAVEL. SUCH PER DIEM, HOWEVER, IS NOT INTENDED TO COVER EXPENSES INCURRED AFTER HE ARRIVED AT HIS NEW DUTY STATION. FROM THE TIME OF ARRIVAL TO THE TIME HE OCCUPIED PERMANENT QUARTERS HE WAS ELIGIBLE FOR REIMBURSEMENT OF EXPENSES OF SUBSISTENCE UNDER THE PROVISIONS OF SECTION 2.5 OF CIRCULAR NO. A-56. SUBSECTION (D) (2) OF THAT SECTION GOVERNS THE COMPUTATION OF THE MAXIMUM EXPENSE REIMBURSEMENT ALLOWABLE, HOWEVER, THAT SUBSECTION DOES NOT PROVIDE SPECIFICALLY FOR THE FIXING OF THE BEGINNING AND ENDING OF THE TEMPORARY QUARTERS PERIOD. IN THE ABSENCE OF A SPECIFIC PROVISION IN THOSE REGULATIONS TO THE CONTRARY WE BELIEVE THAT THE MAXIMUM LIMITATION SHOULD BE COMPUTED BEGINNING WITH THE QUARTER DAY AFTER THE LAST QUARTER DAY FOR WHICH PER DIEM IN LIEU OF SUBSISTENCE UNDER SECTION 6 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IS PAID (EXCEPT WHERE TRAVEL IS LESS THAN 24 HOURS). ON THE DAY THE EMPLOYEE MOVES INTO HIS PERMANENT QUARTERS THE FULL MAXIMUM SHOULD BE USED TO DETERMINE ENTITLEMENT REGARDLESS OF THE TIME SUCH MOVE OCCURS. IN THIS CASE, HOWEVER, THE TRAVEL WAS LESS THAN 24 HOURS AND THE EMPLOYEE RECEIVED PER DIEM IN LIEU OF SUBSISTENCE FOR ONE FULL DAY COVERING THE PERIOD FROM 2:30 P.M., SEPTEMBER 6, TO 1:30 P.M. THE NEXT DAY. HE DID NOT RECEIVE SUCH REGULAR PER DIEM FOR THE FULL QUARTER DAY, 12 NOON TO 6 P.M. ON SEPTEMBER 7. UNDER SUCH CIRCUMSTANCES THE EMPLOYEE'S MAXIMUM TEMPORARY LODGING ALLOWANCE SHOULD BE COMPUTED AS A HALF-DAY ON SEPTEMBER 7, 1966, AND A FULL DAY ON SEPTEMBER 8, 1966, AND A FULL DAY ON SEPTEMBER 8, 1966. SINCE THE AMOUNT CLAIMED AND PAID APPEARS TO HAVE BEEN LESS THAN THE MAXIMUM ALLOWABLE AS COMPUTED UNDER THAT METHOD NO ADJUSTMENT FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS AS PREVIOUSLY ALLOWED NEED BE MADE.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT OF $100.