B-151867, JUL. 18, 1963
Highlights
THE TRAILER WAS THEN HAULED BY COMMERCIAL MEANS TO THE EMPLOYEE'S NEW POST OF DUTY. WAS PAID A COMMUTED RATE ALLOWANCE FOR SUCH SHIPMENT AND THE QUESTION PUT IS WHETHER COLLECTION EFFORTS SHOULD BE MADE FOR THAT AMOUNT WHICH IS IN EXCESS OF THAT WHICH HE WOULD HAVE BEEN PAID HAD HE BEEN REIMBURSED ON AN ACTUAL EXPENSE BASIS. YOU STATE THAT THE VOUCHER INVOLVED WAS PROCESSED PRIOR TO RECEIPT OF OUR DECISION B-147582. AN EMPLOYEE WHO TRANSPORTS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO A NEW STATION IN HIS HOUSE TRAILER TO BE USED AS A RESIDENCE IS ENTITLED TO PAYMENT ONLY UPON A MILEAGE BASIS FOR TRANSPORTATION OF HIS HOUSE TRAILER. IN SO HOLDING WE POINTED OUT THAT NEITHER PUB.L. 85-326 NOR ITS LEGISLATIVE HISTORY CONTAINED A BASIS FOR THE PROPOSITION THAT AN EMPLOYEE WHO TRANSPORTED HIS HOUSEHOLD EFFECTS IN HIS HOUSE TRAILER IS ENTITLED TO AN ELECTION BETWEEN REIMBURSEMENT ON A MILEAGE OR COMMUTED BASIS.
B-151867, JUL. 18, 1963
TO MR. K. S. BECK, AUTHORIZED CERTIFYING OFFICER, NATIONAL PARK SERVICE:
THIS REFERS TO YOUR LETTER OF JUNE 17, 1963, WITH ENCLOSURE, IN WHICH YOU REQUESTED OUR DECISION WHETHER A BILL FOR COLLECTION SHOULD BE ISSUED TO AN EMPLOYEE OF YOUR INSTALLATION UNDER THE FACTS DETAILED BELOW.
INCIDENT TO A TRANSFER FROM BAKER, NEVADA, TO SAN FRANCISCO, CALIFORNIA, THE EMPLOYEE--- EDWARD E. COUNTREMAN--- REMOVED HIS HOUSEHOLD EFFECTS FROM GOVERNMENT QUARTERS AND PLACED THEM IN HIS HOUSE TRAILER. THE TRAILER WAS THEN HAULED BY COMMERCIAL MEANS TO THE EMPLOYEE'S NEW POST OF DUTY. WAS PAID A COMMUTED RATE ALLOWANCE FOR SUCH SHIPMENT AND THE QUESTION PUT IS WHETHER COLLECTION EFFORTS SHOULD BE MADE FOR THAT AMOUNT WHICH IS IN EXCESS OF THAT WHICH HE WOULD HAVE BEEN PAID HAD HE BEEN REIMBURSED ON AN ACTUAL EXPENSE BASIS. YOU SUGGEST THAT THE WORDS "SHALL IN LIEU OF SUCH TRANSPORTATION, BE ENTITLED" AS USED IN BUREAU OF THE BUDGET CIRCULAR A- 56, ATTACHMENT A, DECEMBER 17, 1962, GAVE MR. COUNTREMAN A CHOICE BETWEEN BEING REIMBURSED ON AN ACTUAL EXPENSE BASIS OR A COMMUTED BASIS. YOU STATE THAT THE VOUCHER INVOLVED WAS PROCESSED PRIOR TO RECEIPT OF OUR DECISION B-147582, JUNE 20, 1962, 41 COMP. GEN. 811.
THAT DECISION HELD THAT UNDER SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, APPROVED AUGUST 2, 1946, AS ADDED BY THE ACT OF FEBRUARY 12, 1958, PUB.L. 85-326, 72 STAT. 14, 5 U.S.C. 73B-1 (B), AN EMPLOYEE WHO TRANSPORTS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO A NEW STATION IN HIS HOUSE TRAILER TO BE USED AS A RESIDENCE IS ENTITLED TO PAYMENT ONLY UPON A MILEAGE BASIS FOR TRANSPORTATION OF HIS HOUSE TRAILER. IN SO HOLDING WE POINTED OUT THAT NEITHER PUB.L. 85-326 NOR ITS LEGISLATIVE HISTORY CONTAINED A BASIS FOR THE PROPOSITION THAT AN EMPLOYEE WHO TRANSPORTED HIS HOUSEHOLD EFFECTS IN HIS HOUSE TRAILER IS ENTITLED TO AN ELECTION BETWEEN REIMBURSEMENT ON A MILEAGE OR COMMUTED BASIS.
WHILE THE STATUTE (5 U.S.C. 73B-1 (B) ( WAS AMENDED BY PUB.L. 87 776, APPROVED OCTOBER 9, 1962, TO AUTHORIZE PAYMENT OR REIMBURSEMENT OF ACTUAL EXPENSES FOR THE MOVEMENT OF A HOUSE TRAILER BY COMMERCIAL MEANS, THERE IS NOTHING IN THAT AMENDMENT OR ITS LEGISLATIVE HISTORY TO WARRANT ANY DEPARTURE FROM THE CONCLUSION REACHED IN OUR DECISION OF JUNE 20, 1962, SO FAR AS CONCERNS ANY RIGHT OF ELECTION BETWEEN PAYMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS ON A COMMUTED BASIS AND PAYMENT FOR TRANSPORTATION OF A HOUSE TRAILER CONTAINING HOUSEHOLD EFFECTS TO BE USED AS A RESIDENCE. MOREOVER, THE REVISED REGULATION OF THE BUREAU OF THE BUDGET (CIRCULAR A- 56) MAY NOT BE INTERPRETED AS AUTHORIZING SUCH AN ELECTION.
IN THIS CASE IF THE HOUSE TRAILER WAS TRANSPORTED FOR USE AS A RESIDENCE THE EMPLOYEE SHOULD FURNISH A CERTIFICATE TO THAT EFFECT AND BE LIMITED TO REIMBURSEMENT OF THE ACTUAL EXPENSES OF TRANSPORTING THE HOUSE TRAILER, THE EXCESS PAID BEING FOR COLLECTION. HOWEVER, IF THE TRAILER WAS NOT TRANSPORTED FOR USE AS A RESIDENCE THE MATTER SHOULD BE SUBMITTED HERE FOR FURTHER CONSIDERATION.
THE PAPERS, INCLUDING THE VOUCHER INVOLVED, WHICH WERE ENCLOSED WITH YOUR SUBMISSION ARE RETURNED.