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B-270196 1 (1996-03-22)

handle is hein.gao/gaocrptadxe0001 and id is 1 raw text is: 




GAO             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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