Andrea M. Cora-Relocation-Temporary Quarters

B-260315 Dec 28, 1995 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights A Department of Agriculture (USDA) employee claimed reimbursement for temporary quarters subsistence expenses (TQSE) incident to her transfer to a new duty station. GAO held that the employee was entitled to reimbursement for TQSE, since: (1) she vacated her former residence; and (2) there was sufficient evidence that her husband intended to vacate their former residence and relocate to his wife's new duty station. Accordingly, the claim was allowed. View Decision Matter of: Andrea M. Cora-Relocation-Temporary Quarters Subsistence Expenses File: B-260315 Date: December 28, 1995 A transferred employee claims entitlement to temporary quarters subsistence expenses (TQSE) for herself and her husband, even though her husband returned to their former residence after 10 days because he was unable to find suitable employment or affordable housing at the wife's new duty station. The claim for TQSE may be allowed. There is sufficient evidence of the employee's and husband's intent to relocate since their former residence had been put up for sale, the husband (a carpenter) brought some household goods and his full set of carpentry tools when he relocated to the new duty station, they were actively seeking a permanent residence before and after the husband's arrival at the new duty station, and the employee delayed entering into the temporary quarters for which she claims TQSE until her husband's arrival. DECISION This decision is in response to a request from Ms. Jeanne DiGange, Authorized Certifying Officer, Office of Finance and Management, National Finance Center, United States Department of Agriculture (USDA), concerning whether an employee of the USDA, Ms. Andrea M. Cora, may be paid temporary quarters subsistence expenses (TQSE) incident to her relocation from Lexington, Kentucky, to Washington, D.C. For the following reasons, we hold that the employee is entitled to reimbursement for subsistence expenses for herself at her new duty station, as well as for the additional meals and other expenses incurred by her husband during his stay with her in temporary quarters in Washington. BACKGROUND Andrea M. Cora, an employee of the USDA, Soil Conservation Service, was transferred from Lexington, Kentucky, to Washington, D.C., in April 1994. Ms. Cora was authorized 60 days' temporary quarters subsistence for herself and for her husband. The Coras' residence in Lexington, Kentucky, had been inspected and appraised and an exclusive sales contract had been signed with a realtor on May 10, 1994. Ms. Cora relocated to Washington, D.C., on May 15, 1994, but decided to wait until her husband relocated before entering into temporary quarters. During this time she stayed with relatives in Virginia at no cost to the government. When Mr. Cora relocated on August 12, 1994, he and Ms. Cora entered into temporary quarters. Ms. Cora states that Mr. Cora came to Washington with personal belongings, some household goods, and carpentry tools. No sales contract on the house in Lexington had been signed at that time but Ms. Cora states that the house had been vacated with the intent to rent it. A realtor in Northern Virginia has acknowledged that the Coras were actively pursuing a residence in the Washington, D.C., area prior to Mr. Cora's arrival and during the time they were both in temporary quarters. On August 22, 1994, Mr. Cora decided to return to the old official station. Ms. Cora states that his return was due to, among other things, a lack of employment opportunities and the cost of housing in the Washington, D.C., area. After her husband moved back to Kentucky, Ms. Cora remained in temporary quarters for the remainder of the 60 days authorized by her agency, and subsequently established residency in Northern Virginia. The Coras' home in Lexington, Kentucky, was taken off the market when the listing ran out. The Soil Conservation Service requested payment of Ms. Cora's claim, stating that she and her spouse did vacate their Kentucky residence and relocate to Washington, but Mr. Cora returned to Kentucky because he could not find suitable employment or affordable housing in the Washington area. [1] ANALYSIS Section 5724a of title 5, United States Code, authorizes the reimbursement of certain expenses incurred by an employee for whom the government pays travel and transportation expenses incident to a permanent change of station. Among those expenses authorized are temporary quarters subsistence expenses for the employee and his immediate family. Under the Federal Travel Regulation (FTR), in order to be eligible for reimbursement of temporary quarters subsistence expenses, the employee and his family must have "vacated the residence quarters in which they were residing at the time the transfer was authorized." FTR, 41 C.F.R. Sec. 302-5.2. There is no definition of the word "vacate" in the travel regulations.