B-165688, JAN. 17, 1969

B-165688: Jan 17, 1969

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

HOGSETT WAS AUTHORIZED TO TRAVEL FROM DENVER. PAYMENT OF THE COST OF TRANSPORTING AN EMPLOYEE'S HOUSE TRAILER INCIDENT TO A PERMANENT CHANGE OF STATION IS AUTHORIZED BY 5 U.S.C. 5724 (B) WHICH PROVIDES AS FOLLOWS: "/B) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE. IS ENTITLED. IF THE TRAILER OR DWELLING IS TRANSPORTED BY THE EMPLOYEE. IF THE TRAILER OR DWELLING IS NOT TRANSPORTED BY THE EMPLOYEE. WHICH WAS ISSUED PURSUANT TO A DELEGATION OF AUTHORITY FROM THE PRESIDENT CONTAINED IN EXECUTIVE ORDER NO. 11230 OF JUNE 28. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER THESE REGULATIONS SHALL. THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE IS IN LIEU OF THE TRANSPORTATION OF ANY AND ALL HOUSEHOLD GOODS THAT THE EMPLOYEE OTHERWISE WOULD BE ENTITLED TO TRANSPORT AT GOVERNMENT EXPENSE.

B-165688, JAN. 17, 1969

TO MR. HENRY C. EDDY:

ON NOVEMBER 20, 1968, REFERENCE 09-00.111, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TO MR. JOHN H. HOGSETT, AN EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION, A VOUCHER IN THE AMOUNT OF $384.23 REPRESENTING TRANSPORTATION EXPENSES FOR THE MOVEMENT OF HOUSEHOLD GOODS INCIDENT TO A PERMANENT CHANGE OF STATION.

BY TRAVEL ORDER DATED MAY 22, 1968, MR. HOGSETT WAS AUTHORIZED TO TRAVEL FROM DENVER, COLORADO, TO SANTA FE, NEW MEXICO, INCIDENT TO A PERMANENT CHANGE OF STATION. THE TRAVEL AUTHORIZATION AUTHORIZED THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE. MR. HOGSETT HAS BEEN PAID PER DIEM, MILEAGE, MISCELLANEOUS EXPENSES, AND TRANSPORTATION OF HIS HOUSE TRAILER (MOVED BY COMMERCIAL CARRIER AT A COST OF $242.08).

THE CLAIM FOR $384.23 REPRESENTS REIMBURSEMENT AT THE COMMUTED RATE FOR HOUSEHOLD GOODS MOVED IN TWO RENTED TRAILERS PULLED BY PRIVATELY OWNED AUTOMOBILES. PAYMENT OF THE COST OF TRANSPORTING AN EMPLOYEE'S HOUSE TRAILER INCIDENT TO A PERMANENT CHANGE OF STATION IS AUTHORIZED BY 5 U.S.C. 5724 (B) WHICH PROVIDES AS FOLLOWS:

"/B) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING INSIDE THE CONTINENTAL UNITED STATES, INSIDE ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE, AND WHO OTHERWISE WOULD BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) OF THIS SECTION, IS ENTITLED, INSTEAD OF THAT TRANSPORTATION, TO---

"/1) A REASONABLE ALLOWANCE NOT IN EXCESS OF 20 CENTS A MILE FOR TRANSPORTATION OF THE HOUSE TRAILER OR MOBILE DWELLING, IF THE TRAILER OR DWELLING IS TRANSPORTED BY THE EMPLOYEE; OR

"/2) COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER OR MOBILE DWELLING, AT GOVERNMENT EXPENSE, OR REIMBURSEMENT TO THE EMPLOYEE THEREFOR, INCLUDING THE PAYMENT OF NECESSARY TOLLS, CHARGES, AND PERMIT FEES, IF THE TRAILER OR DWELLING IS NOT TRANSPORTED BY THE EMPLOYEE.

HOWEVER, PAYMENT UNDER THIS SUBSECTION MAY NOT EXCEED THE MAXIMUM PAYMENT TO WHICH THE EMPLOYEE OTHERWISE WOULD BE ENTITLED UNDER SUBSECTION (A) OF THIS SECTION FOR TRANSPORTATION AND TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN CONNECTION WITH THIS TRANSFER.'

SECTION 9 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH WAS ISSUED PURSUANT TO A DELEGATION OF AUTHORITY FROM THE PRESIDENT CONTAINED IN EXECUTIVE ORDER NO. 11230 OF JUNE 28, 1965, AS AMENDED BY EXECUTIVE ORDER NO. 11290, DATED JULY 21, 1966, CONTAINS BINDING REGULATIONS WITH REGARD TO PAYMENT BY THE GOVERNMENT FOR TRANSPORTATION OF HOUSE TRAILERS AND PROVIDES IN PART AS FOLLOWS:

"A. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER THESE REGULATIONS SHALL, IN LIEU OF SUCH TRANSPORTATION, BE ENTITLED TO AN ALLOWANCE, AS PROVIDED IN THIS SECTION, FOR THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE. * * *"

UNDER THE ABOVE-CITED REGULATION, THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE IS IN LIEU OF THE TRANSPORTATION OF ANY AND ALL HOUSEHOLD GOODS THAT THE EMPLOYEE OTHERWISE WOULD BE ENTITLED TO TRANSPORT AT GOVERNMENT EXPENSE. SEE GENERALLY 39 COMP. GEN. 40. THEREFORE, SINCE THE REGULATION PROHIBITS THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS OR PERSONAL EFFECTS THAT WERE NOT CARRIED IN THE HOUSE TRAILER WHICH WAS TRANSPORTED AT GOVERNMENT EXPENSE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.