B-161266, MAY 1, 1967

B-161266, MAY 1, 1967

TO AUTHORIZED CERTIFYING OFFICER:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 12, 1967, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A TRAVEL VOUCHER IN FAVOR OF CHARLES L. DOZOIS, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, IN THE AMOUNT OF $1,949.25, FOR PER DIEM ALLOWANCES FOR HIS IMMEDIATE FAMILY, MISCELLANEOUS EXPENSES, AND EXPENSES INCURRED IN CONNECTION WITH THE SALE OF HIS RESIDENCE INCIDENT TO A PERMANENT CHANGE OF STATION IN JULY 1966.

MR. DOZOIS WAS NOTIFIED IN A PERSONNEL ACTION, FORM 50, DATED JULY 14, 1966, OF HIS PROMOTION AND TRANSFER FROM BARTLESVILLE, OKLAHOMA, TO WASHINGTON, D.C. IN A TRAVEL AUTHORIZATION DATED JULY 15, 1966, HE WAS AUTHORIZED TO TRAVEL BEGINNING ON OR ABOUT JULY 18, 1966, FROM BARTLESVILLE TO WASHINGTON ENDING ON OR ABOUT JULY 21, 1966.

BECAUSE OF UNCERTAINTY AS TO THE ARRIVAL DATE OF HIS HOUSEHOLD EFFECTS MR. DOZOIS TRAVELLED OVER THE WEEKEND DEPARTING BARTLESVILLE, OKLAHOMA, ON FRIDAY, JULY 15, 1966, ARRIVING AT ROCKVILLE, MARYLAND, ON TUESDAY, JULY 19, 1966. HE TOOK ANNUAL LEAVE FROM JULY 20-22, 1966 (WEDNESDAY--- FRIDAY), AND REPORTED FOR DUTY AT THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR IN WASHINGTON, D.C., ON MONDAY, JULY 25, 1966. ACCORDING TO THE MEMORANDUM OF HIS SUPERVISOR, MR. G. A. MELVILLE, THIS WAS THE DATE THAT HE WAS EXPECTED TO REPORT IF HE TRAVELLED IN CONFORMANCE WITH THE DATES PRESCRIBED IN HIS TRAVEL AUTHORIZATION, JULY 18-21.

YOU INQUIRE AS TO THE APPLICABILITY OF PUB.L. 89-516, 80 STAT. 323, TO THE EXPENSES CLAIMED BY MR. DOZOIS, CONSISTING OF FOUR DAYS PER DIEM FOR HIS WIFE AND TWO CHILDREN FROM JULY 15-19, 1966, $112, EXPENSES IN CONNECTION WITH THE SALE OF A HOUSE, $1,637.25, AND MISCELLANEOUS EXPENSES OF $200.

PUB.L. 89-516 BECAME EFFECTIVE JULY 21, 1966. SECTION 3 OF THAT ACT PROVIDED THAT REGULATIONS SHOULD BE PRESCRIBED WITHIN 90 DAYS BUT THAT THEY SHALL BE RETROACTIVE TO THE DATE OF ENACTMENT.

IN EXECUTIVE ORDER NO. 11290 OF JULY 21, 1966, THE PRESIDENT DELEGATED TO THE DIRECTOR, BUREAU OF THE BUDGET, THE AUTHORITY VESTED IN HIM BY SECTION 2 OF PUB.L. 89-516. IN THE COVERING LETTER OF CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, THE DIRECTOR PROVIDED IN PARAGRAPH 5 FOR THE EFFECTIVE DATE OF THE REGULATIONS AS FOLLOWS:

"EFFECTIVE DATES. THIS REVISION OF THE CIRCULAR AND ACCOMPANYING REGULATIONS IS EFFECTIVE ON THE DATE OF ISSUANCE EXCEPT FOR THOSE PORTIONS WHICH IMPLEMENT THE PROVISIONS CONTAINED IN P.L. 89-516 AND WHICH ARE LISTED IN PARAGRAPH 3 OF THIS CIRCULAR.

"THE PORTIONS OF THE REGULATIONS WHICH IMPLEMENT PROVISIONS OF P.L. 89- 516 ARE EFFECTIVE RETROACTIVELY TO JULY 21, 1966, EXCEPT FOR A SPECIAL RETROACTIVE FEATURE SET FORTH IN SUBSECTION 6.5C OF THE REGULATIONS (ATTACHMENT A) PERTAINING TO NON-TEMPORARY STORAGE OF HOUSEHOLD GOODS WHICH MAY APPLY WHEN TRAVEL ORDERS ARE ISSUED ON OR AFTER MAY 22, 1966. ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER P.L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21, 1966, AND (B) EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21, 1966.'

THE RECORD INDICATES THAT MR. DOZOIS ACTUALLY REPORTED FOR DUTY ON JULY 25, 1966, AT THE BUREAU OF MINES EVEN THOUGH HE WAS IN THE WASHINGTON, D.C., AREA AND ABLE TO REPORT ON WEDNESDAY, JULY 20, BUT HAD REQUESTED LEAVE FOR THE PERIOD JULY 20-22, 1966. ALTHOUGH FOR PER DIEM PURPOSES HIS ENTITLEMENT CEASED UPON HIS ARRIVAL IN THE METROPOLITAN AREA OF HIS OFFICIAL DUTY STATION (SECTION 6.8, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS) NEVERTHELESS IT IS NOT CONSIDERED THAT HIS TRANSFER BECAME EFFECTIVE FOR THE PURPOSES OF THE ALLOWANCES UNDER PUB.L. 89-516 UNTIL HE ACTUALLY REPORTED FOR DUTY ON MONDAY, JULY 25, 1966.

EXCLUDING THE ITEM OF NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, WE POINT OUT THAT IN ADDITION TO THE REQUIREMENT OF REPORTING TO THE NEW OFFICIAL STATION ON OR AFTER JULY 21, 1966, CIRCULAR NO. A-56, REVISED, PROVIDES THAT ANY EXPENSES REIMBURSABLE UNDER PUB.L. 89-516, SHALL HAVE BEEN INCURRED ON OR AFTER JULY 21, 1966. ACCORDINGLY, ANY PER DIEM IN LIEU OF SUBSISTENCE ALLOWANCES OR ALLOWANCES IN CONNECTION WITH THE SALE OF A RESIDENCE TO COVER EXPENSES INCURRED PRIOR TO THE EFFECTIVE DATE OF SUCH LAW AND REGULATION (JULY 21, 1966) WOULD NOT BE FOR ALLOWANCE. SEE B- 160970, MARCH 24, 1967, COPY ENCLOSED.

WITH REFERENCE TO THE EMPLOYEE'S ENTITLEMENT TO THE ALLOWANCE OF $200 FOR MISCELLANEOUS EXPENSES, SECTION 3.2A (1) OF CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART AS FOLLOWS:

"A. A MISCELLANEOUS EXPENSE ALLOWANCE SHALL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED, SUBJECT TO THE FOLLOWING LIMITATIONS AND CONDITIONS AND PROVIDED THE AGREEMENT REQUIRED IN SUBSECTION 1.3C IS SIGNED.

"/1) ALLOWANCES IN THE FOLLOWING AMOUNTS MAY BE PAID WITHOUT BEING SUPPORTED BY RECEIPTS OR ITEMIZED STATEMENTS INDICATING THE NATURE OF COSTS OR EXPENSES BEING REIMBURSED:

"/B) $200 OR THE EQUIVALENT OF TWO WEEKS' BASIC COMPENSATION, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH IMMEDIATE FAMILY.' THE EXPENSES INTENDED TO BE COVERED BY THIS ALLOWANCE ARE THOSE THAT ARISE IN CONNECTION WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND CONTINUING IT AT A NEW LOCATION. THEY ARE OF A TYPE THAT ARE COMMON TO LIVING QUARTERS AND HOUSEHOLD APPLIANCES, SUCH AS CONNECTING AND DISCONNECTING APPLIANCES, CUTTING AND FITTING RUGS AND DRAPERIES, UTILITY DEPOSITS NOT RECOVERABLE, AND OTHER ITEMS. SEE CIRCULAR NO. A-56, SECTION 3.1. OBVIOUSLY SOME OF SUCH EXPENSES WILL NECESSARILY OCCUR AT THE NEW OFFICIAL STATION. ALSO, IT IS NOTED THAT THE $200 ALLOWANCE IS NOT PREDICATED ON THE AMOUNT OF EXPENSES INCURRED AND THAT NO RECEIPTS FOR SUCH EXPENSES ARE REQUIRED. ACCORDINGLY, THE $200 ITEM APPEARS PROPER FOR PAYMENT. B-160970, MARCH 24, 1967.

THE VOUCHER IS RETURNED HEREWITH FOR CERTIFICATION ONLY IN THE AMOUNT OF $200.