B-235203, Jan 2, 1990

B-235203: Jan 2, 1990

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CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Eligibility - Extension DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. Christ: This responds to a request by an authorized certifying officer of the Federal Bureau of Investigation (FBI) for our decision on whether an FBI employee was properly denied a 25-day extension of temporary quarters. The Federal Travel Regulations (FTR) allow an agency to grant an extension of temporary quarters only where there is a demonstrated need for an extension due to circumstances beyond the employee's control occurring within the initial 60-day period of temporary quarters.

B-235203, Jan 2, 1990

CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Eligibility - Extension DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Peter A. Christ:

This responds to a request by an authorized certifying officer of the Federal Bureau of Investigation (FBI) for our decision on whether an FBI employee was properly denied a 25-day extension of temporary quarters. The agency denied the extension after it determined that no short-term delay beyond the employee's control had occurred during the initial 60-day period of temporary quarters to warrant an extension.

The Federal Travel Regulations (FTR) allow an agency to grant an extension of temporary quarters only where there is a demonstrated need for an extension due to circumstances beyond the employee's control occurring within the initial 60-day period of temporary quarters. FTR para. 2-5.2a(2) (Supp. 10, Mar. 13, 1984), incorp. by ref., 41 C.F.R. Sec. 101-7.003. We have interpreted this provision as granting the agency broad discretion to limit the period of temporary quarters, and we will not challenge the agency's determination absent evidence it was arbitrary, capricious, or contrary to law. See, e.g., Robert H. Meyer, 68 Comp.Gen. 419 (1989). We have no basis to conclude that the FBI's determination in this case was arbitrary, capricious, or contrary to law. Accordingly, we sustain the agency's denial of Mr. Christ's claim.

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