BNUMBER:  B-260315
DATE:  December 28, 1995
TITLE:  Andrea M. Cora-Relocation-Temporary Quarters
Subsistence Expenses

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Matter of:Andrea M. Cora-Relocation-Temporary Quarters Subsistence 
          Expenses

File:     B-260315

Date:   December 28, 1995

DIGEST

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.  302-5.2.

There is no definition of the word "vacate" in the travel regulations.  
We have generally considered a residence to be vacated when an 
employee's family ceased to occupy it for the purposes intended.  See 
Charles C. Werner, B-185696, May 28, 1976, and Luther S. Clemmer, 
B-199347, Feb. 18, 1981.  In determining whether the employee's family 
has ceased to occupy a residence we examine the action taken by an 
employee and his or her family prior to and after departure from the 
former residence.  If those actions support an inference that the 
employee and his family intended to cease occupancy of the residence, 
we generally have authorized reimbursement.  John O. Randall, 
B-206169, June 16, 1982.  Where evidence of intent to cease occupancy 
was lacking, we have not authorized payment of TQSE.

CONCLUSION

Ms. Cora may be deemed to have ceased occupancy of her residence in 
Lexington, Kentucky, at the time she reported for duty at her new 
station in Washington, D.C.  As to Mr. Cora, although his stay in the 
Washington area was only 10 days, we believe that the Soil 
Conservation Service's determination that he intended to vacate his 
residence in Lexington, Kentucky, at the time he came to Washington is 
sufficiently supported by the record.  We are influenced by several 
considerations: (1) the Coras' home in Lexington, Kentucky, had been 
inspected, appraised, and listed for sale; (2) Mr. Cora came to 
Washington with some household goods and carpentry tools, for the 
purpose of seeking employment; (3) Ms. Cora waited until her husband's 
arrival before moving into the temporary quarters for which Ms. Cora 
claims TQSE; and (4) the Coras, before and after Mr. Cora's arrival, 
were actively seeking a permanent residence in the Washington area.

Accordingly, Ms. Cora may be reimbursed for TQSE incurred for herself 
for the entire 60 days that she was authorized TQSE by her agency, as 
well as for the additional meals and other expenses incurred for her 
husband during his 10-day stay in temporary quarters with her, within 
the limits prescribed by the FTR.

/s/Seymour Efros
for Robert P. Murphy
General Counsel

1. November 4, 1994, memorandum by the Assistant Director, National 
Headquarters Support Division, Soil Conservation Service.