B-180242, APR 8, 1974

B-180242, APR 8, 1974

IN VIEW OF SUBMISSION OF ITEMIZATION OF TEMPORARY QUARTERS EXPENSES ON WHICH EXPENSE OF LODGING IS NOT UNREASONABLE AND TOTAL CLAIM IS LESS THAN MAXIMUM AMOUNT ALLOWABLE, NO OBJECTION WILL BE MADE TO PAYMENT OF CLAIM FOR TEMPORARY QUARTERS EXPENSE IN ABSENCE OF RECEIPTS FOR LODGINGS DUE TO THEFT OF EMPLOYEE'S POSSESSIONS AND EMPLOYEE'S INABILITY TO RECALL LOCATION OF LODGING FOR PURPOSE OF OBTAINING DUPLICATES.

TO MRS. JANET M. EHART:

THE ISSUE TO BE DETERMINED IS WHETHER AN EMPLOYEE TRANSFERRED FROM ONE PERMANENT DUTY STATION TO ANOTHER MAY BE REIMBURSED FOR THE EXPENSE OF OCCUPYING TEMPORARY QUARTERS AT THE NEW STATION IN THE ABSENCE OF RECEIPTS FOR LODGING DUE TO THEFT OF HER POSSESSIONS AND UNDER CIRCUMSTANCES IN WHICH THE EMPLOYEE IS UNABLE TO RECALL THE LOCATION OF THE LODGINGS, THUS MAKING IT IMPOSSIBLE TO OBTAIN DUPLICATE RECEIPTS OR OTHER RECORDS.

MRS. JANET M. EHART, AN EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HAS SUBMITTED A VOUCHER DATED OCTOBER 12, 1973, FOR REIMBURSEMENT OF EXPENSES INCURRED BY OCCUPANCY OF TEMPORARY QUARTERS INCIDENT TO HER TRANSFER FROM WASHINGTON, D.C., TO SANTA ANA, CALIFORNIA, IN SEPTEMBER 1971. THE CLAIM, IN AN AMOUNT OF $89.25, IS FOR EXPENDITURES INCURRED DURING A PERIOD OF FIVE DAYS, SEPTEMBER 21 THROUGH SEPTEMBER 25, INCLUSIVE. THE VOUCHER IS ACCOMPANIED BY AN ITEMIZED STATEMENT SHOWING, SEPARATELY, EXPENDITURES ON A DAILY BASIS FOR LODGING, MEALS AND TIPS. THE LODGING EXPENSES ARE NOT, HOWEVER, SUPPORTED BY RECEIPTS AS REQUIRED BY SUBSECTION 8.4B OF OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A -56 IN FORCE AT THE TIME IN QUESTION.

MRS. EHART HAS SUPPLIED A LETTER DATED MAY 24, 1972, STATING THAT THE LODGING RECEIPTS WERE CONTAINED IN A BRIEFCASE STORED IN AN AUTOMOBILE FROM WHICH THE CONTENTS, INCLUDING THE BRIEFCASE, WERE STOLEN. A REPORT OF THE ANAHEIM, CALIFORNIA POLICE DEPARTMENT IS ATTACHED AS CONFIRMATION OF THE THEFT.

MRS. EHART STATES THAT SHE IS NOW UNABLE TO RECALL THE NAME OF THE HOTEL OR OTHER QUARTERS SHE OCCUPIED DURING SEPTEMBER 21-25, 1971, AND IS THEREFORE UNABLE TO OBTAIN DUPLICATE COPIES OF RECEIPTS OR OTHER RECORDS. HOWEVER, SHE HAS SUPPLIED THE ITEMIZED STATEMENT OF EXPENDITURES WHICH SHOWS THE COST OF THE LODGINGS AS BEING $12.50 FOR EACH DAY.

SUBSECTION 8.4B, SUPRA, PROVIDES IN PERTINENT PART AS FOLLOWS:

"8.4 ALLOWABLE AMOUNT

"B. ITEMIZATION AND RECEIPTS. THE ACTUAL EXPENSES WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEAD OF THE AGENCY WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING, (2) MEALS, AND (3) ALL OTHER ITEMS OF SUBSISTENCE EXPENSES. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING AND LAUNDRY AND CLEANING EXPENSES (EXCEPT WHEN COIN-OPERATED FACILITIES ARE USED). ***"

SUBSECTION 8.4C OF CIRCULAR NO. A-56, SUPRA, PROVIDES THAT THE AMOUNT WHICH MAY BE REIMBURSED FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSE WILL BE THE LESSER OF EITHER THE ACTUAL AMOUNT INCURRED OR THE AMOUNT COMPUTED IN ACCORDANCE WITH A FORMULA PROVIDED BY THE REGULATION.

WE ASSUME AN ADMINISTRATIVE DETERMINATION CAN BE MADE THAT THE CIRCUMSTANCES OF MRS. EHART'S TRANSFER WERE SUCH THAT IT IS NOT UNREASONABLE FOR HER TO HAVE FORGOTTEN THE LOCATION IN WHICH SHE OCCUPIED TEMPORARY QUARTERS, THUS MAKING IT IMPOSSIBLE FOR HER TO OBTAIN A RECORD OF THE LODGING COST. IF THIS IS THE CASE WE WILL NOT OBJECT TO PAYMENT OF THE CLAIM INCLUDING LODGING EXPENSES IN VIEW OF THE FACT THE AMOUNT STATED IS NOT UNREASONABLE AND THE ENTIRE CLAIM IS LESS THAN THE MAXIMUM AMOUNT ALLOWABLE UNDER SUBSECTION 8.4C, SUPRA. ..END :