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B-270196 1 (1996-03-22)

handle is hein.gao/gaobacwxo0001 and id is 1 raw text is: 


United States
General Accounting Office
Washington, D.C. 20548

Office of the General Counsel



B-270196


March  22, 1996



Ms. Deborah  A. Osipchak
Manager, Financial Services Branch
Federal Aviation Administration
U.S. Department of Transportation
800 Independence  Avenue, SW
Washington, DC   20591

Dear Ms. Osipchak:

We  refer further to your letter dated October 5, 1995, with enclosures. You seek an
opinion regarding the Federal Aviation Administration's (FAA) authority to limit the
relocation expense reimbursement eligibility of employees whose selection for a
position is contingent upon the availability of permanent change-of-station (PCS)
funding.

The facts, as briefly described in a memorandum dated September 21, 1995, from
your Manager, Accounting Branch, ASW-42,  to the Manager, Financial Review
Division, ABA-100, are that employees of the FAA, upon selection for positions
involving a permanent change of station, receive an ASW Form 3330-3 Notice of
Selection. If that selection is contingent on the availability of PCS funding, the
Notice of Selection contains the following statement:

       Selection and EOD [Entry on Duty] contingent upon availability of
       PCS funds; therefore, employee is not to incur PCS expenses until
       travel order is issued. Expenses incurred prior to date travel order is
       signed will not be reimbursed by the Government.

The memorandum also   states that this Office has ruled that relocation expenses
incurred by an employee in anticipation of transfer may be reimbursed when the
travel authorization subsequently issued authorizes those expenses based on a
previously existing administrative intent to transfer at the time the expenses were
incurred. Therefore, the question asked is whether the above-quoted statement on
the Notice of Selection is sufficient to preclude reimbursement of any expenses


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