B-137605, APR. 4, 1967

B-137605, APR. 4, 1967

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO THE REQUEST OF JANUARY 19, 1967, FROM YOUR UNDER SECRETARY, THE HONORABLE ROBERT H. B. BALDWIN, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JANUARY 24, 1967, PDTATAC 67-1, FOR AN ADVANCE DECISION CONCERNING THE STORAGE AND TRANSPORTATION OF HOUSEHOLD GOODS TO AND FROM OVERSEAS DUTY STATIONS UNDER THE CIRCUMSTANCES RELATED HEREIN.

THE UNDER SECRETARY SAYS THAT IN CONNECTION WITH THE RELOCATION OF DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES PRESENTLY ASSIGNED TO FRANCE TO OTHER OFFICIAL DUTY STATIONS IN EUROPE, QUESTION HAS BEEN PRESENTED CONCERNING THE ELIGIBILITY OF SUCH EMPLOYEES WITH RESPECT TO STORAGE AND TRANSPORTATION OF HOUSEHOLD EFFECTS. GOVERNMENT QUARTERS HAVE NOT BEEN AVAILABLE FOR EMPLOYEES STATIONED IN FRANCE, WHILE IN MANY CASES THEY WILL BE REQUIRED TO OCCUPY GOVERNMENT QUARTERS AT THE NEW DUTY STATION TO WHICH THEIR FUNCTION IS BEING TRANSFERRED OR TO WHICH THEY ARE BEING ASSIGNED. AS A RESULT, WHEN AN EMPLOYEE MOVES INTO GOVERNMENT FURNISHED QUARTERS, WHICH IS ALL THAT IS AVAILABLE DUE TO THE HOUSING SHORTAGE, HE WILL HAVE FURNITURE EXCESS TO HIS NEEDS.

IT IS STATED THAT A SURVEY MADE BY THE U.S. ARMY TRAFFIC MANAGEMENT AGENCY, CENTRAL EUROPE INDICATES COMMERCIAL AND GOVERNMENT NONTEMPORARY STORAGE FACILITIES ARE NOT AVAILABLE IN EUROPE. ALTHOUGH HOUSEHOLD GOODS SHIPPED OVERSEAS ORDINARILY ARE NOT RETURNED TO THE CONTINENTAL UNITED STATES FOR NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE THE UNDER SECRETARY SAYS THAT SINCE THERE ARE NO STORAGE FACILITIES AT THE OLD OR NEW LOCATIONS THE HOUSEHOLD GOODS IN EXCESS TO THE NEEDS OF THE EMPLOYEES MAY BE RETURNED TO THE UNITED STATES.

A DECISION IS REQUESTED AS TO WHETHER IT IS NECESSARY FOR THOSE EMPLOYEES WHO RETURN EXCESS HOUSEHOLD GOODS (WITHIN THE AUTHORIZED WEIGHT LIMITATION) TO THE UNITED STATES FOR NONTEMPORARY STORAGE, TO EXECUTE A NEW TRANSPORTATION AGREEMENT FOR AN ADDITIONAL TOUR OF DUTY AT SUCH TIME AS THE STORED HOUSEHOLD GOODS ARE NO LONGER EXCESS TO THE EMPLOYEES' NEEDS AND RETURN TRANSPORTATION TO THE OVERSEAS STATION IS REQUESTED. THE UNDER SECRETARY SAYS THAT UNDER JOINT TRAVEL REGULATIONS, PARA. C 7052-8, IN THE EVENT A NEW TRANSPORTATION AGREEMENT IS NOT REQUIRED, SHIPMENT OF HOUSEHOLD GOODS TO THE OVERSEAS DUTY POST WOULD NOT BE MADE UNLESS AT LEAST ONE YEAR OF THE EMPLOYEE'S CURRENT PERIOD OF SERVICE AGREEMENT REMAINS TO BE COMPLETED OR THE EMPLOYEE AGREED TO SERVE AT LEAST ONE YEAR AFTER ARRIVAL OF THE HOUSEHOLD GOODS IN THE OVERSEAS AREA.

WE NOTE THAT THE DECISION IN 38 COMP. GEN. 653, TO WHICH THE UNDER SECRETARY REFERS, WAS RENDERED PRIOR TO THE ENACTMENT OF THE PROVISION NOW CONTAINED IN 5 U.S.C. 5726 (B), AUTHORIZING PAYMENT OF THE EXPENSES OF NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, UNDER CERTAIN CIRCUMSTANCES, OF EMPLOYEES ASSIGNED TO PERMANENT DUTY STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. THE REGULATIONS ISSUED IN IMPLEMENTATION OF SUCH PROVISION OF LAW AS NOW CONTAINED IN SECTION 6.7 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, PROVIDES IN PERTINENT PART AS FOLLOWS:

"A. ELIGIBILITY. UNDER REGULATIONS AS MAY BE PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, AN EMPLOYEE STATIONED AT, OR AN EMPLOYEE OR NEW APPOINTEE TRANSFERRED OR APPOINTED TO, A PERMANENT POST OF DUTY OTHER THAN ONE LOCATED IN THE CONTINENTAL UNITED STATES MAY BE ALLOWED NON-TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IF:

"/1) THE PERMANENT POST OF DUTY IS ONE TO WHICH HE IS NOT AUTHORIZED TO TAKE, OR AT WHICH HE IS UNABLE TO USE, HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS, OR

"/2) THE STORAGE IS AUTHORIZED IN THE PUBLIC INTEREST, OR

"/3) THE ESTIMATED COST OF STORAGE WOULD BE LESS THAN THE COST OF ROUND TRIP TRANSPORTATION (INCLUDING TEMPORARY STORAGE) OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE NEW PERMANENT POST OF DUTY.

"B. APPLICATION.

"/1) ALLOWABLE COSTS FOR STORING THE PROPERTY INCLUDE THE COST OF NECESSARY PACKING, CRATING, UNPACKING, UNCRATING, TRANSPORTATION TO AND FROM PLACE OF STORAGE, CHARGES WHILE IN STORAGE, AND OTHER NECESSARY CHARGES DIRECTLY RELATING TO THE STORAGE.'

IN ACCORDANCE WITH THE ABOVE LAW AND REGULATIONS WE SEE NO REASON WHY THE HOUSEHOLD EFFECTS OF THE EMPLOYEES UNDER THE RELATED CIRCUMSTANCES MAY NOT BE TRANSPORTED TO AND STORED IN THE UNITED STATES AT GOVERNMENT EXPENSE AND LATER TRANSPORTED BACK OVERSEAS IF SO WARRANTED WITHOUT REGARD TO THE EXECUTION OF NEW TRANSPORTATION AGREEMENTS. WE ASSUME, OF COURSE, THAT THE ALLOWANCE OF SUCH EXPENSES WOULD CONFORM TO DEPARTMENTAL REGULATIONS.

A COPY OF THIS DECISION IS BEING FURNISHED TO THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.