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[Request for Waiver of Portion of Claim for Cost of Shipping Privately Owned Vehicle]

B-205811 Aug 18, 1982
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Highlights

The Administrator of the Panama Canal Commission requested a decision as to whether the Commission may waive a portion of its claim against an employee for the cost of shipping his privately owned vehicle, under the Commission's auspices, from the United States to Panama aboard a Military Sealift Command vessel. The employee had originally shipped the vehicle to the United States aboard a ship operated by the Commission. The Sealift Command vessel was used to return the vehicle because the other ship was decommissioned while the employee was in the United States. The shipment was not for a replacement vehicle and was not related to recruitment or repatriation travel or transportation authorized under the U.S. Code or Federal Travel Regulations. The amount in question was the difference between the cost charged to the employee for return shipment of the vehicle aboard a Sealift Command vessel and the rate applicable had the vehicle been returned via the Commission's vessel. The Administrator questioned whether certain statutory provisions regarding Commission employees could be applied in this situation. GAO stated that there was no legal authority on which the Commission could base a decision waiving a portion of its claim against the employee. The terms and conditions of employment with the Commission with regard to transportation benefits do not extend to the privilege of a permissive shipment of personal belongings. GAO concluded that the additional costs incurred by the employee could not be waived.

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