B-177697, FEB 22, 1973

B-177697, FEB 22, 1973

CIVILIAN EMPLOYEE - OVERSEAS TRANSFER - TEMPORARY QUARTERS - EXPENSES - LACK OF RECEIPTS DECISION ALLOWING IN PART THE CLAIM OF JOHN C. WAGNER, JR., FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IN CONNECTION WITH HIS TRANSFER OF OFFICIAL STATION FROM CHICAGO, ILL., TO IZMIR, TURKEY. REIMBURSEMENT FOR A DEPENDENT'S OCCUPANCY OF TEMPORARY QUARTERS AT THE OLD OFFICIAL STATION IS NOT AUTHORIZED UNDER 5 U.S.C. 5724A OR ANY OTHER STATUTE. HOWEVER, AN EMPLOYEE WHO HAS EXPLAINED HIS LACK OF RECEIPTS FOR TEMPORARY QUARTERS AT HIS NEW OFFICIAL OVERSEAS STATION AND HAS SUBMITTED A STATEMENT THAT HE INCURRED EXPENSES IN EXCESS OF THE SPECIFIED DAILY RATE FOR A TEMPORARY LODGING ALLOWANCE OVERSEAS MAY BE PAID AT THAT RATE FOR HIS TEMPORARY QUARTERS FOR A PERIOD NOT IN EXCESS OF 30 DAYS. SEE SGTR, SECTION 125.3.

TO MR. CARL E. FANUCCI:

THIS REFERS TO YOUR LETTER OF DECEMBER 18, 1972, REQUESTING OUR DECISION AS TO THE LEGALITY OF PAYMENT OF TWO VOUCHERS IN FAVOR OF MR. JOHN C. WAGNER, JR. BOTH CLAIMS ARE FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IN CONNECTION WITH MR. WAGNER'S TRANSFER OF OFFICIAL STATION FROM CHICAGO, ILLINOIS, TO IZMIR, TURKEY, IN JULY 1971. ONE OF THE VOUCHERS HAS BEEN PAID AND THE OTHER IS UNPAID.

THE PAID VOUCHER INCLUDES EXPENSES ATTRIBUTABLE TO OCCUPANCY OF TEMPORARY QUARTERS AT THE OLD OFFICIAL STATION BY MR. WAGNER'S DEPENDENT WIFE FROM JULY 17 TO AUGUST 22, 1971, IN AN AMOUNT OF $255.50, WHICH WAS CERTIFIED FOR PAYMENT ON JANUARY 19, 1972. AS TO THIS PAYMENT YOU NOW EXPRESS DOUBT AS TO THE LEGALITY THEREOF IN THE LIGHT OF OUR DECISION B-162620, OCTOBER 31, 1967, WHICH HAD NOT COME TO ATTENTION PRIOR TO CERTIFICATION OF THE VOUCHER. WE NOTE THAT THIS VOUCHER ALSO INCLUDED EXPENSES FOR TEMPORARY QUARTERS FOR MRS. WAGNER FOR THE PERIOD AUGUST 24 THROUGH AUGUST 31, 1971, AFTER HER ARRIVAL IN IZMIR.

THE UNPAID VOUCHER IN THE AMOUNT OF $420, REPRESENTS EXPENSES ATTRIBUTABLE TO OCCUPANCY OF TEMPORARY QUARTERS IN IZMIR DURING SEPTEMBER 1971 BY MR. AND MRS. WAGNER. YOUR QUESTION AS TO THIS VOUCHER APPEARS TO PRIMARILY CONCERN THE FAILURE OF THE EMPLOYEE TO SUPPLY ADEQUATE RECEIPTS AS REQUIRED BY SUBSECTION 8.4(B) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56.

SUBSECTION 5724AA)(3) PROVIDES, WITH RESPECT TO PAYMENT OF EXPENSES INCURRED BY EMPLOYEES TRANSFERRED IN THE INTEREST OF THE GOVERNMENT, IN PERTINENT PART, AS FOLLOWS:

"(3) SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY FOR A PERIOD OF 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS WHEN THE NEW OFFICIAL STATION IS LOCATED WITHIN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. ***"

SINCE MR. WAGNER'S NEW OFFICIAL STATION WAS NOT LOCATED IN THE UNITED STATES OR IN ANY OTHER OF THE SPECIFIED AREAS PAYMENT OF EXPENSES FOR TEMPORARY LODGING IN THE UNITED STATES UNDER THAT PROVISION AND THE REGULATIONS ISSUED PURSUANT THERETO AS CONTAINED IN CIRCULAR NO. A-56 WAS IMPROPER. WE POINT OUT THAT OUR DECISION B-162620, SUPRA, INVOLVED AN EMPLOYEE ENTITLED TO BENEFITS UNDER THE FOREIGN SERVICE ACT OF 1946, AS AMENDED, AND AS SUCH WAS EXCLUDED FROM THE PROVISIONS OF 5 U.S.C. 5724A AND THE REGULATIONS CONTAINED IN CIRCULAR NO. A-56. THAT DECISION IS NOT NECESSARILY APPLICABLE HERE EXCEPT TO THE EXTENT OF THAT PORTION THEREOF CONCERNED WITH 5 U.S.C. 5923 AND THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIAN, FOREIGN AREAS). AS INDICATED IN SUCH DECISION THE STANDARDIZED REGULATIONS CONTAIN NO PROVISION AUTHORIZING A TEMPORARY QUARTERS OR TEMPORARY LODGING ALLOWANCE TO AN EMPLOYEE OR HIS DEPENDENTS PRIOR TO DEPARTURE FROM THE UNITED STATES FOR A POST OVERSEAS. THEREFORE, THE AMOUNT OF SUCH EXPENSES PREVIOUSLY PAID IS FOR RECOVERY.

REFERRING AGAIN TO A TEMPORARY LODGING ALLOWANCE OVERSEAS THE STANDARDIZED REGULATIONS (SECTION 120) WHICH ARE PREDICATED ON 5 U.S.C. 5923, ARE APPLICABLE AS INDICATED IN THE EMPLOYEE'S TRAVEL ORDERS. SUCH REGULATIONS AUTHORIZE A TEMPORARY LODGING ALLOWANCE OVERSEAS TO COVER EXPENSES NOT IN EXCESS OF A SPECIFIED DAILY RATE FOR THE EMPLOYEE AND EACH MEMBER OF THE FAMILY. THAT RATE AT THE TIME HERE INVOLVED WAS $7 PER DAY. ALSO, SECTION 125.3 OF THE REGULATIONS STATES AS FOLLOWS:

"EVIDENCE OF THE DAILY COST OF TEMPORARY LODGING SHALL BE IN THE FORM OF RECEIPTS, IF AVAILABLE, OR A STATEMENT INDICATING THE COST AND CERTIFYING PAYMENT THEREFOR."

SINCE MR. WAGNER HAS EXPLAINED HIS LACK OF RECEIPTS AND HAS SUBMITTED A STATEMENT THAT HE INCURRED EXPENSES IN EXCESS OF $7 PER DAY COVERING THE PERIOD SEPTEMBER 1 THROUGH SEPTEMBER 30, 1971, THE VOUCHER IN THE AMOUNT OF $420 MAY BE CERTIFIED FOR PAYMENT. HOWEVER, THERE SHOULD BE DEDUCTED FROM SUCH PAYMENT THE AMOUNT PREVIOUSLY PAID FOR TEMPORARY QUARTERS IN THE UNITED STATES.

THE VOUCHERS ARE HEREWITH RETURNED FOR HANDLING IN ACCORDANCE WITH THE ABOVE.