B-133573, OCT. 11, 1957

B-133573, OCT. 11, 1957

TO MR. RUSSELL H. SIMPKINS:

YOUR LETTER OF AUGUST 9, 1957, REFERENCE EMCJX-E1, PERTAINS TO OUR SETTLEMENT OF JULY 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR $135.57 REPRESENTING THE COST OF TRANSPORTING YOUR HOUSE TRAILER FROM EAST ALTON, ILLINOIS, TO COLUMBUS, OHIO.

IN THE ORDER, EFFECTIVE FEBRUARY 1, 1956, CERTAIN ACTIVITIES AT THE GRANITE CITY ENGINEER DEPOT IN ILLINOIS WERE ABOLISHED AND THEIR FUNCTIONS, RESPONSIBILITIES, PERSONNEL, PROPERTY AND RECORDS WERE TRANSFERRED TO THE NEWLY ESTABLISHED ENGINEER MAINTENANCE CENTER AT COLUMBUS, OHIO. PARAGRAPH 2 OF THE ORDER IS AS FOLLOWS:

"THE CHIEF OF ENGINEERS WILL MAKE NECESSARY ARRANGEMENTS FOR THE TRANSFER OF PERSONNEL, PROPERTY, AND RECORDS, AND WILL MAKE AVAILABLE FUNDS AND PERSONNEL SPACES.'

REGULATIONS COVERING THE MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN EMPLOYEES ARE CONTAINED IN EXECUTIVE ORDER NO. 9805, AS AMENDED, PROMULGATED PURSUANT TO SECTION 1 OF THE ACT OF AUGUST 2, 1946, 5 U.S.C. 73B-1. YOUR LETTER AND OTHER RECORDS REVEAL YOU HAVE BEEN INFORMED THAT PERSONALLY OWNED HOUSE TRAILERS ARE NOT REGARDED AS COMING WITHIN THE PURVIEW OF ,HOUSEHOLD GOODS" OR "PERSONAL EFFECTS" AS USED IN EXECUTIVE ORDER NO. 9805, 32 COMP. GEN. 451. ALSO, CIVILIAN EMPLOYEES ARE NOT ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS WHEN SUCH EFFECTS ARE LOADED INTO A HOUSE TRAILER AND HAULED BY A HIRED TRAILER MOVER WHOSE CHARGES -- AS IN YOUR CASE--- DO NOT INDICATE WHAT AMOUNT, IF ANY, OF THE COST OF TRANSPORTING YOUR TRAILER WAS INCREASED BY OR IS ATTRIBUTABLE TO THE EFFECTS TRANSPORTED THEREIN.

OUR VIEW IS THAT THE WORK "PROPERTY" IN THE ABOVE-QUOTED PARAGRAPH 2 OF GENERAL ORDER NO. 2 RELATES TO THE GOVERNMENT OWNED PROPERTY OF THE ENGINEER ACTIVITIES WHOSE FUNCTIONS WERE TRANSFERRED TO COLUMBUS, OHIO. HOWEVER, EVEN IF IT WERE TO BE CONSTRUED AS REFERRING TO PRIVATELY OWNED PROPERTY, IT COULD NOT OPERATE TO AUTHORIZE PAYMENT OF COST OF MOVING YOUR HOUSE TRAILER IN CONTRAVENTION OF THE DECISION, ABOVE, PROHIBITING THE MOVEMENT OF PRIVATELY OWNED HOUSE TRAILERS AT GOVERNMENT EXPENSE.

THEREFORE, IN THE ABSENCE OF ANY EVIDENCE SHOWING WHAT PART OF THE COST OF TRANSPORTING YOUR HOUSE TRAILER, IF ANY, WAS ATTRIBUTABLE TO A KNOWN AMOUNT OF "HOUSEHOLD GOODS" OR "PERSONAL EFFECTS," THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.

FOR YOUR INFORMATION IT MAY BE SAID, HOWEVER, THAT AT THE PRESENT TIME THE CONGRESS IS CONSIDERING LEGISLATION (S. 1408) WHICH WOULD AUTHORIZE REIMBURSEMENT UPON A MILEAGE BASIS FOR SHIPMENTS OF HOUSE TRAILERS OF CIVILIAN EMPLOYEES USED AS RESIDENCES.