B-161699, JUN. 27, 1967

B-161699, JUN. 27, 1967

TO AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF JUNE 2, 1967, WITH ENCLOSURES, REFERENCE OSG-FIN, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. KARL L. HOFFMAN, AN EMPLOYEE OF THE PUBLIC HEALTH SERVICE, FOR $103.20, REPRESENTING EXPENSES OF ROUND-TRIP TRAVEL BETWEEN HIS OLD AND NEW PERMANENT DUTY STATIONS FOR THE PURPOSE OF SEEKING PERMANENT RESIDENCE QUARTERS.

BY TRAVEL ORDER DATED JULY 29, 1966, MR. HOFFMAN WAS AUTHORIZED TO TRAVEL FROM HARRISBURG, PENNSYLVANIA TO WASHINGTON, D.C. INCIDENT TO A PERMANENT CHANGE OF STATION. PRIOR TO THE ISSUANCE OF SUCH TRAVEL ORDER, THE EMPLOYEE AND HIS WIFE TRAVELED TO WASHINGTON, D.C. FOR THE PURPOSE OF SEEKING PERMANENT RESIDENCE QUARTERS. SUCH TRAVEL WAS PERFORMED DURING THE PERIOD JUNE 24 THROUGH 26, 1966.

THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER TO WASHINGTON, D.C. IS REPORTED TO BE JULY 31, 1966. ON DECEMBER 9, 1966, MR. HOFFMAN SIGNED AN AGREEMENT TO REMAIN IN THE GOVERNMENT SERVICE FOR TWELVE MONTHS AS REQUIRED BY SECTION 2 OF PUB. L. 89-516, APPROVED JULY 21, 1966.

MR. HOFFMAN'S CLAIM FOR REIMBURSEMENT OF THE TRAVEL EXPENSES INCURRED INCIDENT TO SEEKING NEW QUARTERS IN WASHINGTON, D.C. IS FOUNDED UPON SECTION 2 OF PUB.L. 89-516, WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THE ADMINISTRATIVE EXPENSES ACT OF 1946 (60 STAT. 806), AS AMENDED IS FURTHER AMENDED BY ADDING THE FOLLOWING NEW SECTIONS:

"SEC. 23. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND TO THE EXTENT DEEMED NECESSARY AND APPROPRIATE, AS PROVIDED THEREIN, APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO THE DEPARTMENTS FOR ADMINISTRATIVE EXPENSES SHALL BE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OFFICERS OR EMPLOYEES FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORTATION UNDER SUBSECTION (A) OF SECTION I OF THIS ACT:

"/2) THE EXPENSES OF PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE OF THE OFFICER OR EMPLOYEE AND HIS SPOUSE, NOT IN EXCESS OF THE MAXIMUM PER DIEM RATES PRESCRIBED IN THE TRAVEL EXPENSE ACT OF 1949 (63 STAT. 166, AS AMENDED; 5 U.S.C. 836), AND THE EXPENSES OF TRANSPORTATION TO SEEK PERMANENT RESIDENCE QUARTERS AT A NEW OFFICIAL STATION WHEN BOTH THE OLD AND NEW STATIONS ARE LOCATED WITHIN THE CONTINENTAL UNITED STATES, EXCLUDING ALASKA, PROVIDED THAT SUCH EXPENSES MAY BE ALLOWED ONLY FOR ONE ROUND TRIP IN CONNECTION WITH EACH CHANGE OF STATION OF THE OFFICER OR EMPLOYEE.'

THE BENEFITS AUTHORIZED BY PUB.L. 89-516 WERE MADE SUBJECT TO REGULATIONS TO BE ISSUED BY THE PRESIDENT WHO, BY EXECUTIVE ORDER NO. 11,290, JULY 21, 1966, DELEGATED HIS AUTHORITY IN THAT REGARD TO THE DIRECTOR, BUREAU OF THE BUDGET. BUREAU OF THE BUDGET CIRCULAR NO. 2 56, REVISED OCTOBER 12, 1966, CONTAINS THE APPLICABLE REGULATIONS, PARAGRAPH 5, PAGE 3 OF THE COVERING LETTER TO BUREAU OF THE BUDGET CIRCULAR A-56 SETS FORTH THE CONDITIONS OF ENTITLEMENT TO THE NEW BENEFITS UNDER PUB.L. 89-516 AS FOLLOWS:

"* * * ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER PUB.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 TWO CONDITIONS QUOTED ABOVE MUST BE CONSTRUED AS CONJUNCTIVE. THUS, BOTH CONDITIONS MUST BE MET BEFORE AN EMPLOYEE MAY OBTAIN ALLOWANCES UNDER THE ACT.

SINCE THE EXPENSES IN QUESTION WERE INCURRED PRIOR TO JULY 21, 1966, THE EMPLOYEE HAS FAILED TO MEET CONDITION (B), ABOVE, AND THEREFORE NO AUTHORITY EXISTS FOR PAYMENT OF SUCH EXPENSES.

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