B-170183, AUG. 14, 1970

B-170183, AUG. 14, 1970

TRANSFERS -- MISCELLANEOUS EXPENSES FOR TRANSPORTATION OF HOUSETRAILER DECISION TO AN EMPLOYEE OF THE DEPT. OF AGRICULTURE SUSTAINING THE SETTLEMENT, DATED MARCH 23, 1970, DENYING RECLAIM FOR EXPENSES INCURRED INCIDENT TO CHANGE OF STATION FROM ALLENTOWN, PENN., TO BALTIMORE, MD. EMPLOYEE WHO INCIDENT TO TRANSPORTATION OF HOUSE TRAILER TO NEW STATION CLAIMS ADDITIONAL AMOUNT ON BASIS OF WEIGHT OF HOUSEHOLD EFFECTS AND MISCELLANEOUS EXPENSES FOR MOTEL WHILE MOBILE HOUSE WAS BEING REASSEMBLED IS NOT ENTITLED TO ADDITIONAL AMOUNT SINCE UNDER STATUTE AND REGULATION WHEN EFFECTS ARE TRANSPORTED IN HOUSE TRAILER PAYMENT OF EXPENSES ON MILEAGE BASIS IS IN LIEU OF ALL PAYMENTS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS ON ANY OTHER BASIS AND PAYMENT OF MISCELLANEOUS EXPENSES IS LIMITED TO $200.

TO DR. DERWIN S. DIMMERLING:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1970, IN WHICH YOU REQUEST A REVIEW OF OFFICE SETTLEMENT DATED MARCH 23, 1970, WHICH ALLOWED THE SUM OF $9.43 OF THE TOTAL OF $625.36 YOU RECLAIMED AS EXPENSES INCURRED INCIDENT TO A CHANGE OF STATION AS AN EMPLOYEE OF THE CONSUMER AND MARKETING SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, FROM ALLENTOWN, PENNSYLVANIA, TO BALTIMORE, MARYLAND, PURSUANT TO TRAVEL AUTHORITY DATED MAY 15, 1968.

THE RECORD SHOWS THAT BY VOUCHER DATED DECEMBER 9, 1968, YOU WERE CREDITED THE AMOUNT OF $520.30 OF THE TOTAL OF $1,178.96 CLAIMED, WHICH AMOUNT WAS APPLIED TO TRAVEL ADVANCES PAID TO YOU. THIS ALLOWANCE COVERED MILEAGE AND PER DIEM IN THE AMOUNT OF $104.20 WHILE ON AN ADVANCE HOUSE HUNTING TRIP, $200 MISCELLANEOUS EXPENSES, AND $216.10 REPRESENTING THE TRANSPORTATION COSTS IN THE MOVEMENT OF A HOUSE TRAILER OR MOBILE HOUSE TO THE VICINITY OF YOUR NEW DUTY STATION PLUS THE COST OF UNBLOCKING AND BLOCKING OF THE MOBILE HOUSE.

YOU SUBSEQUENTLY RECLAIMED AN ADDITIONAL $625.73, CONSISTING OF $597.56 EXPENSES IN MOVING THE TRAILER PLUS $28.17 MOTEL EXPENSES INCURRED DURING THE PERIOD THE TRAILER OR MOBILE HOUSE WAS DISMANTLED AND NOT READY FOR USE. THIS AMOUNT WAS SUBSEQUENTLY REDUCED TO $625.36. BY SETTLEMENT DATED MARCH 23, 1970, OUR CLAIMS DIVISION ALLOWED AN INCREASE IN THE MISCELLANEOUS EXPENSE ALLOWANCE PREVIOUSLY AUTHORIZED AND MOTEL EXPENSE OF $28.17 FOR THE PERIOD OCTOBER 15 AND 16, 1968, AS ADMINISTRATIVELY APPROVED.

THE TOTAL ALLOWANCE WAS THEN OFFSET BY COLLECTION OF $71.24 OVERPAID IN THE PREVIOUS ADMINISTRATIVE SETTLEMENT BECAUSE THE CORRECT FREIGHT CHARGE FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER WAS DETERMINED TO BE $112.36, INSTEAD OF $183.60 PREVIOUSLY ALLOWED. THE AMOUNT FOUND DUE, $9.43, WAS THEN APPLIED TO THE TRAVEL ADVANCE STILL OUTSTANDING.

OUR CLAIMS DIVISION CITED THE PROVISIONS OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AS AUTHORITY FOR DISALLOWING THE BALANCE OF THE CLAIM, STATING THAT REIMBURSEMENT FOR ACTUAL TRANSPORTATION OF A TRAILER BY A COMMERCIAL CARRIER IS LIMITED TO THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION; THAT THE TRAILER TRANSPORTATION ALLOWANCES SHALL NOT INCLUDE THE COST OF PREPARING TRAILERS FOR MOVEMENT; AND THAT THE REIMBURSEMENT OF THE COST OF TRANSPORTING A HOUSE TRAILER IS IN LIEU OF ALL OTHER COSTS OF TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS.

IN YOUR LETTER OF MAY 18, YOU REQUESTED REVIEW OF THE SETTLEMENT WHICH ALLOWED $9.43 OF YOUR RECLAIM IN THE AMOUNT OF $625.36. YOU ASKED THAT CONSIDERATION BE GIVEN TO AN ALLOWANCE OF AT LEAST THE EQUIVALENT OF MOVING 10,500 POUNDS OF HOUSEHOLD GOODS AND THE MOTEL EXPENSES INCURRED WHILE THE MOBILE HOUSE WAS BEING REASSEMBLED.

SECTION 5724(A)(2) OF TITLE 5, U.S.C. PROVIDES AUTHORITY UNDER REGULATIONS BY THE PRESIDENT FOR PAYMENT OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION OR AGENCY TO ANOTHER FOR PERMANENT DUTY. SUBSECTION (B)(1) AUTHORIZES A REASONABLE ALLOWANCE NOT IN EXCESS OF 20 CENTS A MILE TO AN EMPLOYEE WHO TRANSPORTS HIS HOUSE TRAILER OR MOBILE DWELLING INSIDE 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)(2). SUBSECTION (B)(2) OF THAT SECTION PROVIDES FOR THE COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER AT GOVERNMENT EXPENSE OR REIMBURSEMENT TO THE EMPLOYEE THEREFOR, INCLUDING THE PAYMENT OF NECESSARY TOLLS, CHARGES AND PERMIT FEES, IF THE TRAILER IS NOT TRANSPORTED BY THE EMPLOYEE. SUCH PAYMENT MAY NOT EXCEED THE MAXIMUM PAYMENT TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED UNDER SUBSECTION (A)(2) OF SECTION 5724.

SECTION 9, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, IMPLEMENTING THE PROVISIONS OF 5 U.S.C. 5724(B)(2), PROVIDES THAT THE ALLOWANCE FOR TRANSPORTATION OF A HOUSE TRAILER IS IN LIEU OF TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS. SECTION 9.3A(3) PROVIDES THAT ALLOWANCES FOR TRANSPORTATION OF A HOUSE TRAILER BY COMMERCIAL MEANS FOR USE AS A RESIDENCE SHALL NOT INCLUDE COSTS OF PREPARING THE TRAILER FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR VALUATION OF TRAILERS ABOVE CARRIERS' MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS "SPECIAL SERVICE." SECTION 9.4 OF THE CIRCULAR REQUIRES THAT THE TOTAL AMOUNT ALLOWABLE UNDER SUBSECTION 9.3 SHALL NOT EXCEED THE MAXIMUM AMOUNT WHICH WOULD BE ALLOWABLE FOR TRANSPORTATION AND 60 DAYS TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS, IF THE MAXIMUM QUANTITY OF SUCH GOODS AND PERSONAL EFFECTS WERE MOVED.

SECTION 3.1 OF CIRCULAR NO. A-56 PROVIDES AUTHORITY FOR ALLOWANCE OF MISCELLANEOUS EXPENSES FOR THE PURPOSE OF DEFRAYING VARIOUS CONTINGENT COSTS ASSOCIATED WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND ESTABLISHING RESIDENCE AT A NEW LOCATION IN CONNECTION WITH AN AUTHORIZED PERMANENT CHANGE OF STATION. UNDER SUBPARAGRAPH 3.2A(1)(B) AN ALLOWANCE OF $200 MAY BE PAID UNSUPPORTED BY RECEIPTS OR ITEMIZED STATEMENTS. EXPENSES IN EXCESS OF $200 MAY BE PAID IF AUTHORIZED OR APPROVED AND PROPERLY SUPPORTED. SUBPARAGRAPH 3.2A(2).

THE STATUTE AND REGULATIONS CITED CONTEMPLATE THAT WHEN AN EMPLOYEE TRANSPORTS HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN HIS HOUSE TRAILER OR MOBILE DWELLING, HE MAY BE AUTHORIZED PAYMENT ONLY UPON A MILEAGE BASIS AUTHORIZED FOR TRANSPORTATION OF A HOUSE TRAILER. SEE 39 COMP. GEN. 40 (1959); 41 ID. 811 (1962). WE HAVE THEREFORE HELD THAT PAYMENTS OF EXPENSES FOR THE AUTHORIZED COMMERCIAL TRANSPORTATION OF A HOUSE TRAILER OR MOBILE DWELLING FOR USE AS A RESIDENCE IS IN LIEU OF THE TRANSPORTATION OF ANY AND ALL HOUSEHOLD GOODS THAT AN EMPLOYEE OTHERWISE WOULD BE ENTITLED TO TRANSPORT AT GOVERMENT EXPENSE. B 165688, JANUARY 17, 1969; B -169402, MAY 14, 1970, COPIES ENCLOSED.

UNDER THE TRAVEL AUTHORIZATION DATED MAY 15, 1968, YOU WERE PAID THE MAXIMUM TRANSPORTATION AMOUNT THAT MAY BE DUE YOU FOR THE MOVEMENT OF YOUR HOUSE TRAILER PURSUANT TO THE PROVISIONS OF THE REGULATIONS CITED. FURTHERMORE, THE SETTLEMENT DATED MARCH 23, 1970, SHOWS THAT YOU WERE CREDITED $28.17 CLAIMED AS MOTEL EXPENSE AND $52.50 OVER AND ABOVE THE BASIC ALLOWANCE OF $200 FOR MISCELLANEOUS EXPENSES. ACCORDINGLY, THE SETTLEMENT DATED MARCH 23, 1970, IS SUSTAINED.