B-183042, APR 24, 1975

B-183042, APR 24, 1975

A FEDERAL EMPLOYEE ON TEMPORARY ASSIGNMENT TO A LOCAL GOVERNMENT AGENCY AUTHORIZED BY THE INTERGOVERNMENTAL PERSONNEL ACT, PUBLIC LAW 91 648 (5 U.S.C. 3375), WHOSE ASSIGNMENT WAS TERMINATED EARLY DUE TO INSUFFICIENT FUNDS AND THEN REASSIGNED TO HIS OLD DUTY STATION, MAY NOT BE REIMBURSED FOR EXPENSES INCURRED IN SETTLING AN UNEXPIRED LEASE ON RESIDENCE QUARTERS. SECTION 3375 OF TITLE 5 OF THE U.S.C. ONLY AUTHORIZES REIMBURSEMENTS FOR SPECIFIED TRAVEL EXPENSES.

ALAN O. MANN - RELOCATION EXPENSES, SETTLEMENT OF AN UNEXPIRED LEASE:

THIS ACTION IS IN RESPONSE TO A REQUEST FROM A CERTIFYING OFFICER OF THE COMMUNITY SERVICES ADMINISTRATION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A CLAIM SUBMITTED BY MR. ALAN O. MANN, AN EMPLOYEE OF THE COMMUNITY SERVICES ADMINISTRATION, FORMERLY THE OFFICE OF ECONOMIC OPPORTUNITY (OEO), IN THE AMOUNT OF $500 PLUS INTEREST, REPRESENTING EXPENSES INCURRED FOR SETTLING AN UNEXPIRED LEASE ON RESIDENCE QUARTERS WHICH HE OCCUPIED IN NEW YORK PRIOR TO A

AN AGREEMENT BETWEEN OEO AND THE DEPUTY MAYOR OF NEW YORK CITY INDICATES THAT MR. MANN WAS ASSIGNED TO THE OFFICE OF THE DEPUTY MAYOR FOR 2 YEARS, BEGINNING OCTOBER 1, 1973, AND TERMINATING SEPTEMBER 30, 1975, PURSUANT TO THE INTERGOVERNMENTAL PERSONNEL ACT (IPA), PUBLIC LAW 91-648. DUE TO A LACK OF FUNDS, IT WAS AGREED BETWEEN THE PARTIES THAT MR. MANN'S ASSIGNMENT WOULD BE TERMINATED APPROXIMATELY 1 YEAR EARLIER THAN CALLED FOR IN THE ORIGINAL INTERGOVERNMENTAL PERSONNEL ACT AGREEMENT.

MR. MANN ENTERED INTO A LEASE FOR AN APARTMENT AT 250 EAST 63D STREET, NEW YORK CITY, FOR A TERM OF 2 YEARS, BEGINNING NOVEMBER 1, 1973, AND TERMINATING OCTOBER 31, 1975. UPON NOTIFICATION TO HIS LANDLORD ON OCTOBER 3, 1974, THAT HE WOULD BE VACATING THE APARTMENT, MR. MANN WAS ADVISED THAT HE WOULD BE RELEASED FROM HIS LEASE CONTINGENT UPON THE PAYMENT OF 2 ADDITIONAL MONTHS' RENT AS LIQUIDATED DAMAGES AND THE FORFEITURE OF HIS SECURITY DEPOSIT. APPARENTLY THE LANDLORD WITHDREW THE 2 ADDITIONAL MONTHS' RENT REQUIREMENT BUT DID RETAIN THE $500 SECURITY DEPOSIT.

PURSUANT TO SECTION 3375 OF THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970 (5 U.S.C. 3375), APPROPRIATIONS OF AN EXECUTIVE AGENCY ARE AVAILABLE TO REIMBURSE A FEDERAL EMPLOYEE FOR CERTAIN TRAVEL EXPENSES INCURRED.

SECTION 3375 READS IN PART AS FOLLOWS:

"SEC. 3375. TRAVEL EXPENSES

"(A) APPROPRIATIONS OF AN EXECUTIVE AGENCY ARE AVAILABLE TO PAY, OR REIMBURSE, A FEDERAL OR STATE OR LOCAL GOVERNMENT EMPLOYEE IN ACCORDANCE WITH -

"(1) SUBCHAPTER I OF CHAPTER 57 OF THIS TITLE, FOR THE EXPENSES OF -

"(A) TRAVEL, INCLUDING A PER DIEM ALLOWANCE, TO AND FROM THE ASSIGNMENT LOCATION;

"(B) A PER DIEM ALLOWANCE AT THE ASSIGNMENT LOCATION DURING THE PERIOD OF THE ASSIGNMENT; AND

"(C) TRAVEL, INCLUDING A PER DIEM ALLOWANCE, WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY DURING THE ASSIGNMENT WHEN THE HEAD OF THE EXECUTIVE AGENCY CONSIDERS THE TRAVEL IN THE INTEREST OF THE UNITED STATES;

"(2) SECTION 5724 OF THIS TITLE, FOR THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY AND OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO AND FROM THE ASSIGNMENT LOCATION;

"(3) SECTION 5724AA)(1) OF THIS TITLE, FOR THE EXPENSES OF PER DIEM ALLOWANCES FOR THE IMMEDIATE FAMILY OF THE EMPLOYEE TO AND FROM THE ASSIGNMENT LOCATION;

"(4) SECTION 5724AA)(3) OF THIS TITLE, FOR SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS AT THE ASSIGNMENT LOCATION AND ON RETURN TO HIS FORMER POST OF DUTY; AND

"(5) SECTION 5726(C) OF THIS TITLE, FOR THE EXPENSES OF NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN CONNECTION WITH ASSIGNMENT AT AN ISOLATED LOCATION."

IN CONSIDERING WHAT RELOCATION EXPENSES SHOULD BE REIMBURSED TO AN EMPLOYEE PARTICIPATING IN THE IPA PROGRAM, CONGRESS DETERMINED THAT SUCH EMPLOYEES WERE ENTITLED ONLY TO THE RELOCATION EXPENSES LISTED IN SECTIONS 5724AA)(1) AND (3) AND SECTION 5726(C) OF TITLE 5 OF THE UNITED STATES CODE. NO PROVISION WAS MADE FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE SALE OR PURCHASE OF A RESIDENCE OR THE SETTLEMENT OF AN UNEXPIRED LEASE.

SINCE PUBLIC LAW 91-648, THE AUTHORIZING LEGISLATION FOR MR. MANN'S ASSIGNMENT RESTRICTS REIMBURSEMENTS TO CERTAIN TRAVEL AND TRANSPORTATION EXPENSES ENUMERATED IN 5 U.S.C. 3375, AND REIMBURSEMENT OF EXPENSES FOR THE SETTLING OF AN UNEXPIRED LEASE IS NOT ONE OF THEM, THE CLAIM MAY NOT BE CERTIFIED FOR PAYMENT.