B-169247, APR. 2, 1970

B-169247, APR. 2, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--TIME LIMITATION AFTER EMPLOYEE'S TRANSFER FROM BOSTON, MASS; TO MINNEAPOLIS, MINN; APR. 28, 1968, WHERE EMPLOYEE WAS PAID TEMPORARY QUARTERS ALLOWANCE, APR. 28 THROUGH MAY 29, FAMILY ARRIVED JUNE 14, OCCUPYING TEMPORARY QUARTERS UNTIL JUNE 20 WHILE AWAITING HOUSEHOLD EFFECTS, EMPLOYEE IS NOT ENTITLED TO ALLOWANCE EXCEEDING 30 DAYS UNDER CLEAR LANGUAGE OF 5 U.S.C. 5724A (3). HOWEVER, UNDER SEC. 2.5B, BOB CIR. NO. A-56, REVISED OCT. 12, 1966, FAMILY'S ALLOWANCE MAY BE RECOMPUTED FOR 30-DAY PERIOD ENDING JUNE 20 SINCE PERIOD MAY BEGIN ANY DATE WITHIN 30 DAYS OF EMPLOYEE'S REPORTING DATE. SEE COMP. GEN. DECS. CITED.

TO MR. FRANK L. GRUBE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 4, 1970, REQUESTING OUR DECISION AS TO THE ALLOWABILITY OF A TRAVEL VOUCHER FOR $68.04 IN FAVOR OF MR. DONALD A ROMANO, AN EMPLOYEE OF YOUR AGENCY, FOR ADDITIONAL TEMPORARY QUARTERS ALLOWANCE IN CONNECTION WITH HIS TRANSFER FROM BOSTON, MASSACHUSETTS, TO MINNEAPOLIS, MINNESOTA.

THE RECORD INDICATES THAT MR. ROMANO LEFT BOSTON ON APRIL 28, 1968, AT 3:30 P.M. AND ARRIVED AT MINNEAPOLIS AT 5:30 P.M. HE WAS PAID THE TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS DURING THE PERIOD APRIL 28 THROUGH MAY 29, 1968. MR. ROMANO'S FAMILY ARRIVED IN MINNEAPOLIS ON JUNE 14, 1968, THE DATE FOR WHICH MR. ROMANO HAD REQUESTED DELIVERY OF HIS HOUSEHOLD EFFECTS. BECAUSE OF A SHIPPING PROBLEM THE HOUSEHOLD EFFECTS DID NOT ARRIVE UNTIL JUNE 20, 1968, AND MR. ROMANO AND HIS FAMILY WERE REQUIRED TO USE TEMPORARY QUARTERS FROM JUNE 14 TO 20. MR. ROMANO CLAIMS AN ALLOWANCE FOR THIS PERIOD THAT TEMPORARY QUARTERS WERE OCCUPIED BY HIM AND HIS FAMILY AFTER THE 30-DAY PERIOD FOR WHICH PAYMENT WAS MADE ON ACCOUNT OF HIS OWN OCCUPANCY OF TEMPORARY QUARTERS.

SECTION 5724A OF TITLE 5, U.S.C. PROVIDES IN PERTINENT PART AS FOLLOWS:

"(A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND TO THE EXTENT CONSIDERED NECESSARY AND APPROPRIATE, AS PROVIDED THEREIN, APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO AN AGENCY FOR ADMINISTRATIVE EXPENSES ARE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OF AN EMPLOYEE FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORTATION UNDER SECTION 5724 (A) OF THIS TITLE:

"(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. THE PERIOD OF RESIDENCE IN TEMPORARY QUARTERS MAY BE EXTENDED FOR AN ADDITIONAL 30 DAYS WHEN THE EMPLOYEE MOVES TO OR FROM HAWAII, ALASKA, THE TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, OR THE CANAL ZONE. * * *"

THE STATUTORY PROVISIONS CITED AND THE IMPLEMENTING REGULATIONS, SUBSECTIONS 2.5B (1) AND (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, ARE CLEAR AND UNAMBIGUOUS. SINCE AN EXTENSION OF THE ALLOWANCE FOR AN ADDITIONAL PERIOD MAY BE GRANTED ONLY WHEN THE OLD OR NEW OFFICIAL STATION IS LOCATED IN HAWAII, ALASKA, THE TERRITORIES OR POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO OR THE CANAL ZONE, AN EXTENSION OF TIME MAY NOT BE GRANTED DUE TO A DELAY IN THE DELIVERY OF THE EMPLOYEE'S HOUSEHOLD EFFECTS. 48 COMP. GEN. 119; B-167871, SEPTEMBER 29, 1969. THEREFORE, THERE IS NO BASIS FOR GRANTING THE ALLOWANCE TO MR. ROMANO FOR ANY PERIOD IN EXCESS OF 30 DAYS.

WITH RESPECT TO THE DETERMINATION OF THE COMMENCEMENT DATE OF THE TEMPORARY QUARTERS ALLOWANCE PERIOD, SECTION 2.5B, CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES IN PERTINENT PART AS FOLLOWS:

"(5) IN COMPUTING THE LENGTH OF TIME ALLOWED FOR TEMPORARY QUARTERS AT GOVERNMENT EXPENSE UNDER THE 30 OR 60 DAY LIMITATIONS SPECIFIED HEREIN, SUCH TIME SHALL BEGIN TO RUN FOR THE EMPLOYEE, SPOUSE, AND ALL MEMBERS OF THE IMMEDIATE FAMILY WHEN EITHER THE EMPLOYEE, THE SPOUSE, OR ANY MEMBER OF THE IMMEDIATE FAMILY STARTS TO OCCUPY SUCH QUARTERS AND THE TIME SHALL RUN CONCURRENTLY. IF THE EMPLOYEE OCCUPIES TEMPORARY QUARTERS AT ONE LOCATION WHILE THE SPOUSE AND/OR MEMBERS OF THE IMMEDIATE FAMILY OCCUPY QUARTERS AT ANOTHER LOCATION THE TIME SHALL TERMINATE WHEN THE EMPLOYEE CONCERNED MOVES INTO PERMANENT TYPE RESIDENCE QUARTERS OR THE ALLOWABLE TIME LIMIT EXPIRES, WHICHEVER OCCURS FIRST.

"(6) THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN SUBSECTION 1.3C HAS BEEN SIGNED. IN ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE USE OF SUCH QUARTERS MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION."

UNDER THE REGULATIONS CITED, THE TEMPORARY QUARTERS ALLOWANCE PERIOD MAY RUN FROM ANY DATE WITHIN 30 DAYS OF THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION, REGARDLESS OF THE FACT THAT THE EMPLOYEE OR A MEMBER OF HIS IMMEDIATE FAMILY MAY HAVE OCCUPIED TEMPORARY QUARTERS IN CONNECTION WITH THE TRANSFER PRIOR TO SUCH DATE. 48 COMP. GEN. 118. SINCE THE TRAVEL VOUCHER WAS SUBMITTED SUBSEQUENT TO THE ARRIVAL OF MR. ROMANO'S FAMILY, THE TEMPORARY QUARTERS ALLOWANCE MAY BE RECOMPUTED ON THE BASIS OF THE 30-DAY PERIOD ENDING JUNE 20, 1968, WHEN PERMANENT QUARTERS WERE OCCUPIED. THE ALLOWANCE FOR MR. ROMANO'S FAMILY WOULD BE THE AMOUNT REIMBURSABLE FOR THE THIRD 10-DAY PERIOD IN WHICH THE TEMPORARY QUARTERS WERE OCCUPIED.

THE VOUCHER RETURNED HEREWITH SHOULD BE ADJUSTED AND PAID IN ACCORDANCE WITH THE ABOVE.