B-136903, JUN 9, 1959

B-136903, JUN 9, 1959

HEADNOTES-UNVAILABLE PRECIS-UNAVAILABLE

JACK W. HUDSON:

YOUR LETTER OF APRIL 24, 1959, REQUESTS REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF MARCH 20, 1959, WHICH DENIED YOUR REQUEST FOR PAYMENT ON A COMMUTED BASIS OF THE EXPENSES FOR TRANSPORTATION OF YOUR BOAT AND BOAT TRAILER OR ALTERNATIVELY FOR 880 POUNDS OF THE HOUSEHOLD GOODS CARRIED THEREIN, OR IN LIEU OF SUCH ALLOWANCE REIMBURSEMENT FOR ACTUAL EXPENSES CLAIMED BY YOU FOR TRANSPORTATION OF THE HOUSEHOLD GOODS INCIDENT TO PERMANENT CHANGE OF STATION FROM MINNEAPOLIS, MINNESOTA, TO NEW YORK, NEW YORK.

THE FACTS PRESENTED BY THE RECORD AND YOUR LETTERS INDICATE THAT YOU PURCHASED THE BOAT TRAILER TO TRANSPORT THE BOAT AND CERTAIN HOUSEHOLD GOODS WHICH YOU HAD REASON TO BELIEVE WOULD EXCEED THE WEIGHT LIMITATION OF 7,000 POUNDS. LATER YOU LEARNED THAT THAT PORTION OF YOUR HOUSEHOLD GOODS WHICH WAS SHIPPED BY COMMERCIAL CARRIER HAD A TOTAL WEIGHT OF 6,120 POUNDS. IT ALSO APPEARS THAT YOU WERE INFORMED BY THE BUDGET AND FINANCE OFFICER THAT IT WAS NOT NECESSARY TO DETERMINE THE ACTUAL WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IN THE BOAT AND NO ACTUAL WEIGHT OR ESTIMATE OF WEIGHT BASED UPON CUBIC MEASUREMENTS OF PROPERLY LOADED VAN SPACE HAVE BEEN PRESENTED. YOUR CLAIM IS BASED UPON THE CONTENTION THAT THE AUTHORITY FOR THE TRANSPORTATION OF "HOUSEHOLD GOODS AND PERSONAL EFFECTS" PROVIDED BY SECTION 1(B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 (5 U.S.C. 73B 1(B)) AND EXECUTIVE ORDER NO. 9305, AS AMENDED, INCLUDES REIMBURSEMENT FOR THE TRANSPORTATION OF A BOAT AND BOAT TRAILER OR ALTERNATIVELY THAT REIMBURSEMENT IS AUTHORIZED FOR THE ESTIMATED WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS TRANSPORTED IN A BOAT TRANSPORTED ON A BOAT TRAILER. YOU HAVE CONTENDED THAT THE TERM "PERSONAL EFFECTS" AS USED IN THE ADMINISTRATIVE EXPENSES ACT OF 1946, SUPRA, IS SYNONYMOUS WITH THE TERM "PERSONAL PROPERTY," BASING SUCH CONTENTION UPON THE FACT THAT IN 21 COMP. GEN. 40, THE TERM "PERSONAL EFFECTS" USED IN THE ACT OF OCTOBER 10, 1940 (54 STAT. 1105), WAS CONSTRUED TO BE SYNONYMOUS WITH "PERSONAL PROPERTY" GENERALLY.

YOUR CONTENTIONS AS TO THE INTENT OF CONGRESS IN THE USE OF THE WORDS "HOUSEHOLD GOODS AND PERSONAL EFFECTS" ARE NOT SUPPORTED BY THE LEGISLATIVE HISTORY OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. IN H. REPORT. NO. 2186, 79TH CONG., ON H.R. 6533, REPORTED FROM THE COMMITTEE ON EXPENDITURES IN THE EXECUTIVE DEPARTMENTS, HOUSE OF REPRESENTATIVES, AND IN S. REPT. NO. 1636, 79TH CONG., ON S. 1666, REPORTED FROM THE COMMITTEE ON EXPENDITURES IN THE EXECUTIVE DEPARTMENTS, THE EXPLANATION OF SECTION 1 OF THOSE BILLS, THE FORMER OF WHICH WAS SUBSEQUENTLY ENACTED AS THE ADMINISTRATIVE EXPENSES ACT OF 1946, SUPRA, REFERS TO COMMUTATION FOR SHIPMENT OF "HOUSHOLD GOODS" WITHOUT ADDITIONAL REFERENCE TO OTHER PERSONAL PROPERTY. CONSEQUENTLY, AND SINCE IN THEIR ORDINARY AND USUAL USAGE THE TERMS "HOUSEHOLD GOODS" AND "PERSONAL EFFECTS" REFER TO PARTICULAR KINDS OF PERSONAL PROPERTY THAT ASSOCIATED WITH THE HOUSE AND THE PERSON - CERTAIN ITEMS OF PERSONAL PROPERTY MAY REASONABLY BE CONSIDERED BEYOND THEIR PURVIEW. FOR THAT REASON, AND AS IT WAS WITH REFERENCE TO THE PARTICULAR PURPOSE OF THE 1940 ACT - TO ACHIEVE UNFORMITY IN THE ADMINISTRATION OF SEVERAL BASIC ACTS AUTHORIZING THE MOVEMENT OF EFFECTS OF EMPLOYEES - THE DEFINITION FOUND IN 21 COMP. GEN. 40 DOES NOT CONTROL THE USE OF THE TERM "PERSONAL EFFECTS" AS FOUND IN THE ADMINISTRATIVE EXPENSES ACT OF 1946. IT FOLLOWS THAT OUR PREVIOUS STATEMENT IN B-136903, AUGUST 27, 1958, THAT PERSONALLY OWNED BOATS AND BOAT TRAILERS ARE NOT "HOUSEHOLD GOODS AND PERSONAL EFFECTS" WHICH MAY BE TRANSPORTED AT GOVERNMENT EXPENSE MUST BE AFFIRMED. YOUR FIRST CLAIM MUST, ACCORDINGLY, BE DENIED.

YOUR ALTERNATIVE CLAIM IS FOR REIMBURSEMENT EITHER AT COMMUTED RATES OR FOR THE ACTUAL EXPENSE OF 880 POUNDS OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS TRANSPORTED IN THE BOAT LOADED ON THE BOAT TRAILER. THE PAYMENT OF MILEAGE AND PAYMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS ARE PRESENTED SEPARATELY IN EXECUTIVE ORDER NO. 9805, AS AMENDED, AND MAY BOTH BE PAID FOR A SINGLE MOVEMENT. SEE 34 COMP. GEN. 29. HOWEVER, SUCH A RIGHT IS BASED UPON EITHER AN ACTUAL WEIGHT ATTESTED BY PROPER EVIDENCE THEREOF, OR A CONSTRUCTIVE WEIGHT BASED UPON 7 POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE OCCUPIED. NO ACCEPTABLE EVIDENCE OF WEIGHT OR AMOUNT OF PROPERLY LOADED VAN SPACE HAS BEEN PRESENTED BY YOU. THE ESTIMATED WEIGHT PRESENTED IS APPARENTLY BASED SOLELY UPON YOUR ASSERTIONS, AND ALTHOUGH APPROVED ADMINISTRATIVELY, MAY NOT BE ACCEPTED BY OUR OFFICE. CONSEQUENTLY, REIMBURSEMENT MAY BE BASED ONLY UPON ACTUAL EXPENSE, IF ANY, INCURRED BY YOU IN THE TRANSPORTATION OF THE SUBJECT HOUSEHOLD GOODS.

YOUR CASE APPEARS SIMILAR IN SOME RESPECTS TO 29 COMP. GEN. 95, WHEREIN PAYMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS WAS ALLOWED FOR THE ACCEPTABLE ESTIMATED WEIGHT, BUT SUCH PAYMENT WAS NOT TO EXCEED ACTUAL EXPENSE. THOSE EXPENSES LISTED BY YOU IN YOUR LETTER OF DECEMBER 3, 1958, ARE NOT REIMBURSABLE FOR THE FOLLOWING REASONS. THE ADDITIONAL COST OF A HEAVY DUTY BOAT TRAILER IS NOT REIMBURSABLE SINCE IT IS AN ESTIMATED COST BASED ON THE ESTIMATED ADDITIONAL CAPACITY NECESSARY FOR TRANSPORTATION OF THE GOODS. SPECIAL TOLLS FOR BRIDGES, TUNNELS, AND TURNPIKES, AND FOR STORAGE AND WEIGHING OF THE TRAILER ARE CLAIMED; HOWEVER, THOSE TOLLS AND CHARGES ARE BASED UPON THE USE OF A TRAILER, AND NOT UPON THE FACT THAT HOUSEHOLD GOODS WERE HAULED THEREIN. HENCE, THEY ARE NOT ACTUAL EXPENSES OF THE TRANSPORTATION OF THE SUBJECT HOUSEHOLD GOODS. THE ONLY BASIS FOR THE CLAIMED EXTRA GASOLINE AND AUTOMOBILE DEPRECIATION COSTS IN YOUR ASSERTION, WHICH IS NOT SUFFICIENT TO ESTABLISH THE AMOUNT, IF ANY, OF SUCH COSTS PROPERLY REFERABLE TO THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS. THE OTHER COSTS OF PACKING CARTONS AND LABOR ARE UNSUPPORTED BY RECEIPTS OR OTHER EVIDENCE AND ARE ONLY APPROXIMATE COSTS AND CANNOT, THEREFORE, BE A BASIS FOR REIMBURSEMENT.

FOR THE ABOVE STATED REASONS OUR CLAIMS DIVISION SETTLEMENT OF MARCH 20, 1959, DENYING YOUR CLAIM IS AFFIRMED.