B-160380, DEC. 20, 1966

B-160380: Dec 20, 1966

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EDDY WAS LIVING IN A TRAILER HOUSE AT PAGE. HE WAS IN THE PROCESS OF TRADING FOR A NEW TRAILER AT THE TIME. THIS WAS DONE AT A COST OF $761.29 FOR WHICH THE EMPLOYEE WAS REIMBURSED THIS AMOUNT BY THE GOVERNMENT. THE MOVING COSTS FROM PAGE TO CONRAD WOULD HAVE BEEN $820.50 HAD HE MOVED HIS OLD TRAILER. HIS PERSONAL EFFECTS WERE SHIPPED BY COMMON CARRIER THE LATTER PART OF JULY 1966. THE EMPLOYEE IS CLAIMING REIMBURSEMENT FOR THE SHIPMENT OF 1. THE APPLICABLE STATUTORY PROVISIONS CONCERNING TRAILER ALLOWANCES ARE CONTAINED IN SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. ANY CIVILIAN OFFICER OR EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER * * * WITHIN THE CONTINENTAL UNITED STATES * * * FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE ENTITLED IN LIEU OF THE TRANSPORTATION TO WHICH HE WOULD OTHERWISE BE ENTITLED UNDER SUBSECTION (A) OF THIS SECTION * * * TO COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER * * * AT GOVERNMENT EXPENSE * * " IT WOULD APPEAR THAT IT WAS THE INTENT OF CONGRESS THAT ANY HOUSE TRAILER THAT WAS TRANSPORTED AT GOVERNMENT EXPENSE WOULD CONTAIN THE EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS WHICH ORDINARILY ARE FOR USE INCIDENT TO OCCUPANCY AND USE OF THE HOUSE TRAILER AS A RESIDENCE.

B-160380, DEC. 20, 1966

TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF NOVEMBER 4, 1966, WITH ENCLOSURES, REFERENCE 375, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY A VOUCHER IN FAVOR OF MR. JOHN W. EDDY, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, COVERING REIMBURSEMENT AT THE COMMUTED RATE FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS IN CONNECTION WITH HIS CHANGE OF OFFICIAL STATION FROM PAGE, ARIZONA, TO CONRAD, MONTANA.

MR. EDDY WAS LIVING IN A TRAILER HOUSE AT PAGE, ARIZONA, AT THE TIME OF HIS TRANSFER. HOWEVER, HE WAS IN THE PROCESS OF TRADING FOR A NEW TRAILER AT THE TIME, AND SINCE DELIVERY OF THE NEW TRAILER COULD NOT BE MADE TO PAGE, ARIZONA, PRIOR TO THE DATE OF HIS TRANSFER, THE FACTORY IN GRAND PRAIRIE, TEXAS, DELIVERED IT TO CONRAD, MONTANA, HIS NEW DUTY STATION. THIS WAS DONE AT A COST OF $761.29 FOR WHICH THE EMPLOYEE WAS REIMBURSED THIS AMOUNT BY THE GOVERNMENT. THE MOVING COSTS FROM PAGE TO CONRAD WOULD HAVE BEEN $820.50 HAD HE MOVED HIS OLD TRAILER. HIS PERSONAL EFFECTS WERE SHIPPED BY COMMON CARRIER THE LATTER PART OF JULY 1966, AND THE EMPLOYEE IS CLAIMING REIMBURSEMENT FOR THE SHIPMENT OF 1,300 POUNDS AT THE COMMUTED RATE.

SECTION 19 OF THE TRAVEL ORDER AUTHORIZING THE PERMANENT CHANGE OF STATION FOR MR. EDDY AUTHORIZED TRANSPORTATION BY COMMERCIAL HAULER OF A MOBILE DWELLING TO BE USED FOR A RESIDENCE. THE APPLICABLE STATUTORY PROVISIONS CONCERNING TRAILER ALLOWANCES ARE CONTAINED IN SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED, 5 U.S.C. 73B-1 (B), RECODIFIED AS 5 U.S.C. 5724 BY PUB.L. 89-554, APPROVED SEPTEMBER 6, 1966. SECTION 1 (B) PROVIDED IN PART THAT:

"IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, IN THE CASE OF SUCH TRANSFERS BETWEEN POINTS IN CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE OFFICER OR EMPLOYEE ON A COMMUTED BASIS (NOT TO EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE AUTHORIZED WEIGHT ALLOWANCE) AT SUCH RATES PER ONE HUNDRED POUNDS AS MAY BE FIXED BY ZONES IN REGULATIONS PRESCRIBED BY THE PRESIDENT. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER * * * WITHIN THE CONTINENTAL UNITED STATES * * * FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE ENTITLED IN LIEU OF THE TRANSPORTATION TO WHICH HE WOULD OTHERWISE BE ENTITLED UNDER SUBSECTION (A) OF THIS SECTION * * * TO COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER * * * AT GOVERNMENT EXPENSE * * "

IT WOULD APPEAR THAT IT WAS THE INTENT OF CONGRESS THAT ANY HOUSE TRAILER THAT WAS TRANSPORTED AT GOVERNMENT EXPENSE WOULD CONTAIN THE EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS WHICH ORDINARILY ARE FOR USE INCIDENT TO OCCUPANCY AND USE OF THE HOUSE TRAILER AS A RESIDENCE. SECTION 1 (B) CLEARLY PROHIBITS PAYMENT OF BOTH TRANSPORTATION OF A HOUSE TRAILER AND A COMMUTED RATE FOR TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS.

HOWEVER, UNDER THE CIRCUMSTANCES IN THIS PARTICULAR CASE SINCE THE ACTUAL COST OF TRANSPORTING THE HOUSE TRAILER AND SHIPPING THE HOUSEHOLD EFFECTS ARE IN EXCESS OF WHAT IT WOULD HAVE COST TO TRANSPORT THE OLD HOUSE TRAILER FROM HIS FORMER STATION TO THE NEW STATION WE WOULD NOT OBJECT TO MR. EDDY BEING REIMBURSED AND DIFFERENCE BETWEEN THE AMOUNT HE HAS ACTUALLY BEEN PAID AND THE AMOUNT IT WOULD HAVE COST TO MOVE THE OLD HOUSE TRAILER DIRECT FROM PAGE TO CONRAD.

ACTION ON THE VOUCHER, WHICH IS RETURNED HEREWITH TOGETHER WITH RELATED PAPERS, MAY BE TAKEN IN ACCORDANCE WITH THE FOREGOING.