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B-206538 1 (1982-09-14)

handle is hein.gao/gaobadkpp0001 and id is 1 raw text is: 

% .                                    THE OOMPTRCLLW. CENIEFIAL
            DECISIONOF THE UNITED SI'ATE.                                       I
                                         WA 3HI NOGTON.      D.C , 2054 8



            FILE:   B-206538                   DATE: September 14, 1982

            MATTER OF; John D. Johnson and Myron S. K. Char.g


            IISEBT:    Government employees who were relocated to I1awali and
                       who paid charges for state-required quarantine of their
                       pets as condition of entry into state may bct reimbursed
                       for this cost under uiscellaneous expenses Ellowance.
                       Quarantine costs were incurred as a consequence of
                       establishing residence at u new location and qualify
                       as a general type oZl cost authorized for reimbursement
                       by the allowance.

                We have been asked to consider whether arimal quarantine fees
           assessed by the State of Hawaii as a condition to the entry of
           household pets into the state may be reimbursed as part of the
           miscellaneous expenses allowance poyable incident to an employee's
           transfer. Because the quarantine is routinely imposed under state
           law without :tegard to the health oi the animal Involved, the fee
           ;bay be regarded as a cost inherent in the relocation of art em-
           ployee's place of residence and it may be reimbursed smtbject to the
           limitations otherwise applicable tc payment of the miscellaneous
           expenoes allowance.

                The isst'e arises in connection with claims submitted by two
           Internal Revenue Service employees, Messrs. John D. Johnson and
           Myron S. K. Chang. Both brought family pets with them when they
           were transferred to Hawaii in 1980. Both were assessed quarvntine
           fees under the law of the State of Hawaii which provides that
           domestic aninmals may be quarantined upon arrival in the state.
           I1awaii Rev. Stat., §§ 142-6 to 142-28. As a matter of actual
           practice, the Hawaii Department of Agriculture routinely quaran-.
           tines dogs and cats for the first 120 days after arrival in the
           state. In disallowing their claims for quarantine fees as items
           of miscellaneous expense, our Claims Group noted that pets are
           excluded from the regulatory definition of household goods and
           that the miscellaneous expenses allowance may not be used to allow
           costs that are disallowed elsewhere in the regulations.

                Upon appeal fe'om the Claims Group's disallowance, the claimants
           argue that the exclusion of pets from the regulatory de/1initior of
           household goods at paragraph 2-1.4h of the Federal Travel Regulationu
           (FPrR 101-7) (tiay 1973, as wmende!) (FTR) does not itself mandate
           disallowance of the quarantine costs in question. While the claim-
           ants recognize that this definition has the effect of precluding


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