B-144429, MAY 15, 1961

B-144429, MAY 15, 1961

TO THE SECRETARY OF DEFENSE:

IN A LETTER OF MARCH 17, 1961, FROM THE ASSISTANT SECRETARY OF THE ARMY (FINANCIAL MANAGEMENT), WE ARE REQUESTED TO ADVISE WHETHER OR NOT ARMY DISBURSING OFFICERS MAY BE CONSIDERED EXEMPT FROM LIABILITY FOR ANY OVERPAYMENTS MADE FOR TRANSPORTATION FURNISHED ON MODIFIED RAILWAY EXPRESS WAYBILLS WHEN THE OVERPAYMENTS ARE CAUSED BY USE OF IMPROPER TRANSPORTATION RATES OR CLASSIFICATIONS. THIS QUESTION ARISES IN CONNECTION WITH OUR LETTER TO YOU OF DECEMBER 27, 1960, B-144429, IN WHICH WE APPROVED, WITH MODIFICATIONS, A PROPOSAL BY THE EXECUTIVE DIRECTOR, MILITARY TRAFFIC MANAGEMENT AGENCY, FOR A SIX-MONTH TEST OF A SIMPLIFIED BILLING PROCEDURE FOR THE MOVEMENT OF DOMESTIC SHIPMENTS UNDER 100 POUNDS VIA THE RAILWAY EXPRESS AGENCY (NOW REA EXPRESS).

THE ASSISTANT SECRETARY POINTS OUT THAT THE PROVISIONS OF THE ACT OF JUNE 1, 1942, 56 STAT. 306, 31 U.S.C. 82G--- EXEMPTING DISBURSING OR CERTIFYING OFFICERS FROM LIABILITY FOR TRANSPORTATION OVERPAYMENTS WHICH ARE DUE TO THE USE OF IMPROPER TRANSPORTATION RATES AND CLASSIFICATION--- ARE RESTRICTED TO TRANSPORTATION FURNISHED ON GOVERNMENT BILLS OF LADING, AND WE ARE ASKED IF THE PROVISIONS OF THIS ACT MAY BE REGARDED AS APPLICABLE TO PAYMENTS MADE FOR TRANSPORTATION UNDER THE MODIFIED RAILWAY EXPRESS WAYBILL PROCEDURE.

OUR LETTER OF DECEMBER 27, 1960, AUTHORIZING THE TEST, IMPOSED A REQUIREMENT THAT THE PROPOSED RAILWAY EXPRESS WAYBILL BE CLEARLY IDENTIFIED AS BEING FOR USE ON GOVERNMENT SHIPMENTS ONLY, BY A DESIGNATION SUCH AS "EXPRESS WAYBILL FOR U.S. GOVERNMENT SHIPMENT," OR A DESIGNATION OF SIMILAR IMPORT. THE PROPOSED EXPRESS WAYBILL, SO DESIGNATED AND CONTAINING CONDITIONS 7 (WAIVER OF CARRIER TIME LIMITATIONS ON LOSS AND DAMAGE CLAIMS AND SUITS), 10 (NON DISCRIMINATION IN EMPLOYMENT CLAUSE), AND 11 (RATES TO BE NO HIGHER THAN THOSE APPLICABLE ON GOVERNMENT BILLS OF LADING), AS WELL AS OTHER PROTECTIONS AS REQUIRED IN THE AUTHORIZATION, SEEMS TO BE SO MODIFIED AS TO ESTABLISH A SHIPPING DOCUMENT WITH ALL OF THE SAFEGUARDS INHERENT IN THE REGULAR GOVERNMENT BILL OF LADING. MOREOVER, THE MODIFIED EXPRESS WAYBILLS ARE TO BE BILLED TO THE PAYING OFFICE BY ATTACHING THEM TO A CERTIFIED STANDARD FORM 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, AND WILL BE SUBMITTED TO US FOR AUDIT AS ARE REGULAR BILLS OF LADING, INSURING A CHECK ON THE CORRECTNESS OF THE AMOUNTS BILLED AND PAID. SINCE THE DOCUMENT IN QUESTION IS SO ALTERED AS TO NOT BE AVAILABLE FOR COMMERCIAL USE, AND SINCE IT INCORPORATES THE ESSENTIAL CONDITIONS AND SAFEGUARDS OF THE GOVERNMENT BILL OF LADING, WE FEEL THAT IT IS SUFFICIENTLY COMPARABLE IN FORM TO A GOVERNMENT BILL OF LADING TO BE WITHIN THE SCOPE OF THE ACT OF JUNE 1, 1942, 31 U.S.C. 82G, AND TO AFFORD A BASIS FOR THE RELIEF THEREIN SPECIFIED.