B-161796, SEP. 1, 1967

B-161796, SEP. 1, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 DECISION TO CERTIFYING OFFICER OF BUREAU OF NARCOTICS, TREASURY RE VOUCHER FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS. EMPLOYEE WHO, INCIDENT TO TRANSFER FROM NEW ORLEANS TO WASHINGTON, CLAIMS REIMBURSEMENT FOR SUBSISTENCE OF WIFE AND CHILD BASED ON ESTIMATED EXPENSE OF $4.00 PER DAY WHILE THEY RESIDED WITH HER PARENTS AFTER VACATING RESIDENCE AND BEFORE JOINING EMPLOYEE AT NEW STATION MAY NOT BE ALLOWED ON BASIS OF ESTIMATE IN ABSENCE OF ITEMIZATION OF EXPENSES. SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS OTHERWISE REIMBURSABLE ARE NOT CONSIDERED FOR DISALLOWANCE MERELY BECAUSE THE TEMPORARY RESIDENCE OF EMPLOYEE AND FAMILY ARE IN HOME OF RELATIVE OR FRIENDS.

TO MR. THOMAS OPENSHAW, FISCAL OFFICER:

YOUR LETTER OF JUNE 6, 1967, SUBMITS THE RECLAIM VOUCHER DATED MAY 10, 1967, OF MR. RONAEL B. STEADMAN AN AGENT OF THE BUREAU OF NARCOTICS, TREASURY DEPARTMENT, FOR OUR ADVANCE DECISION AS TO WHETHER SUCH VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT UNDER SECTION 23 (3) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY THE ACT OF JULY 21, 1966, PUB. L. 89-516, 80 STAT. 323, AND SECTION 2.5, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, BASED UPON THE FACTS AND CIRCUMSTANCES SET OUT BELOW.

ON AUGUST 29, 1966, MR. STEADMAN AND HIS FAMILY VACATED THE QUARTERS THEY OCCUPIED AT HIS OLD OFFICIAL STATION, IN NEW ORLEANS, LOUISANNA, TO COMPLY WITH A PERMANENT CHANGE OF OFFICIAL STATION TO WASHINGTON, D.C., WHICH WAS EFFECTIVE SEPTEMBER 1, 1966. MR. STEADMAN PROCEEDED TO WASHINGTON AND OCCUPIED TEMPORARY QUARTERS THEREAT BEGINNING ON AUGUST 31, 1966. CLAIMED AND WAS REIMBURSED SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS IN THE AMOUNT OF $54.28 FOR 10 DAYS FROM AUGUST 31 AS AUTHORIZED BY AGENCY REGULATIONS. WE UNDERSTAND THAT MR. STEADMAN OCCUPIED PERMANENT QUARTERS ON SEPTEMBER 16, 1966.

THE VOUCHER SUBMITTED COVERS REIMBURSEMENT FOR "SUBSISTANCE WHILE OCCUPYING TEMPORARY QUARTERS" FOR THE PERIOD MR. STEADMAN'S WIFE AND CHILD RESIDED WITH HER PARENTS IN NEW ORLEANS BEFORE JOINING HIM IN WASHINGTON. THE AMOUNT INVOLVED, $76, WAS COMPUTED ON THE BASIS OF AN ESTIMATED EXPENSE OF $4 PER DAY WHICH MR. STEADMAN SAYS WAS THE MINIMUM CONTRIBUTED TO HOUSEHOLD XPENSES--"MAINLY FOOD"--OF MRS. STEADMAN'S PARENTS DURING THE 19 DAYS, AUGUST 29 THROUGH SEPTEMBER 16, SHE RESIDED WITH THEM.

SECTION 2.5D (1) OF CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART:

"REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS, LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES SHALL BE SUPPORTED AS PROVIDED IN SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. * * *"

SECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REQUIRES THAT REIMBURSABLE EXPENSES BE ITEMIZED AND THAT RECEIPTS BE FURNISHED AT LEAST FOR THE COST OF LODGINGS. SINCE MR. STEADMAN HAS NOT ITEMIZED THE ACTUAL EXPENSES INCURRED BY HIS WIFE AND CHILD DURING THE PERIOD IN QUESTION THE CLAIM MAY NOT BE ALLOWED ON THE BASIS OF THE INFORMATION PRESENTED, B-161859, JULY 11, 1967, COPY ENCLOSED.

YOU MAY BE ADVISED THAT SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS OTHERWISE REIMBURSABLE UNDER THE APPLICABLE LAW AND REGULATIONS-- INCLUDING AGENCY REGULATIONS--ARE NOT CONSIDERED TO BE FOR DISALLOWANCE MERELY BECAUSE THE TEMPORARY RESIDENCE OF THE EMPLOYEE OR OF MEMBERS OF HIS IMMEDIATE FAMILY WAS IN THE HOME OF RELATIVES OR FRIENDS.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.