A-43335, JULY 16, 1932, 12 COMP. GEN. 62

A-43335: Jul 16, 1932

Additional Materials:

Contact:

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

 

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

NOTWITHSTANDING THAT THE TRANSPORTATION MAY HAVE STARTED BEFORE THAT DATE. THOSE EFFECTS AND THE AUTOMOBILE HAVE NOW ARRIVED IN NEW YORK AND ARE AWAITING SHIPMENT FROM THAT POINT TO CARACAS. THE QUESTION ARISES WHETHER IN SUCH CIRCUMSTANCES THE PROVISIONS OF LAW REFERRED TO ABOVE ARE APPLICABLE TO THE EXPENSES INCURRED AFTER JUNE 30. IN CONNECTION WITH THE SHIPMENT OF AN AUTOMOBILE WHICH WAS ACTUALLY EN ROUTE PRIOR TO PASSAGE OF THE LAW. YOUR EARLY CONSIDERATION OF THIS QUESTION WILL BE APPRECIATED. THE SECTION OF THE ECONOMY ACT QUOTED IN YOUR SUBMISSION IS FOLLOWED BY SECTION 210. 209 ARE. WAS ENACTED. - THAT IS. NOTWITHSTANDING THAT THE TRANSPORTATION MAY HAVE STARTED BEFORE THAT DATE.

A-43335, JULY 16, 1932, 12 COMP. GEN. 62

ECONOMY ACT - TRANSPORTATION OF PRIVATE AUTOMOBILES SECTION 209 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, PROHIBITS ANY PAYMENT FROM APPROPRIATED FUNDS FOR TRANSPORTATION AFTER JUNE 30, 1932, OF AN OFFICER'S OR AN EMPLOYEE'S AUTOMOBILE, OTHER THAN AS SPECIFICALLY PERMITTED BY THE WAR AND NAVY DEPARTMENTS, NOTWITHSTANDING THAT THE TRANSPORTATION MAY HAVE STARTED BEFORE THAT DATE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JULY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 9, 1932, AS FOLLOWS:

SECTION 209 OF THE ACT APPROVED JUNE 30, 1932, AT 11:30 A.M., PROVIDES AS FOLLOWS:

"HEREAFTER NO LAW OR REGULATION AUTHORIZING OR PERMITTING THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE EFFECTS OF OFFICERS, EMPLOYEES, OR OTHER PERSONS SHALL BE CONSTRUED OR APPLIED AS INCLUDING OR AUTHORIZING THE TRANSPORTATION OF AN AUTOMOBILE: * * *.'

THE DEPARTMENT HAS FOR CONSIDERATION THE CASE OF ONE OF ITS OFFICERS WHO, HAVING BEEN TRANSFERRED FROM STAVANGER TO CARACAS, PLACED IN TRANSIT PRIOR TO JULY 1, 1932, HIS EFFECTS, INCLUDING ONE AUTOMOBILE. THOSE EFFECTS AND THE AUTOMOBILE HAVE NOW ARRIVED IN NEW YORK AND ARE AWAITING SHIPMENT FROM THAT POINT TO CARACAS. THE QUESTION ARISES WHETHER IN SUCH CIRCUMSTANCES THE PROVISIONS OF LAW REFERRED TO ABOVE ARE APPLICABLE TO THE EXPENSES INCURRED AFTER JUNE 30, 1932, IN CONNECTION WITH THE SHIPMENT OF AN AUTOMOBILE WHICH WAS ACTUALLY EN ROUTE PRIOR TO PASSAGE OF THE LAW.

THE DEPARTMENT INCLINES TO THE OPINION THAT IN CIRCUMSTANCES SUCH AS THOSE INVOLVED IN THE CASE NOW FOR CONSIDERATION THE PROHIBITING LEGISLATION REFERRED TO ABOVE SHOULD NOT BE CONSIDERED APPLICABLE, AND THAT WHERE AN AUTOMOBILE HAD BEEN PLACED IN TRANSIT PRIOR TO ENACTMENT OF THIS LEGISLATION THE ENTIRE COST OF ITS SHIPMENT TO THE ORIGINALLY INTENDED DESTINATION SHOULD PROPERLY BE PAID BY THE GOVERNMENT AS A PART OF THE COST OF SHIPPING THE OFFICER'S EFFECTS.

IN VIEW OF THE IMMEDIATE NECESSITY FOR THE TRANSSHIPMENT OF THE EFFECTS IN QUESTION, YOUR EARLY CONSIDERATION OF THIS QUESTION WILL BE APPRECIATED.

THE SECTION OF THE ECONOMY ACT QUOTED IN YOUR SUBMISSION IS FOLLOWED BY SECTION 210, WHICH PROVIDES AS FOLLOWS:

THE PROVISIONS OF ALL ACTS HERETOFORE ENACTED INCONSISTENT WITH SECTIONS 207, 208, AND 209 ARE, TO THE EXTENT OF SUCH INCONSISTENCY, HEREBY REPEALED, AND SUCH SECTIONS SHALL TAKE EFFECT ON JULY 1, 1932.

SEE, ALSO, SECTION 803 OF SAID ACT.

HAVING IN VIEW THE PURPOSES FOR WHICH PART II OF THE SAID ACT OF JUNE 30, 1932, 47 STAT. 403, USUALLY REFERRED TO AS THE ECONOMY ACT, WAS ENACTED--- THAT IS, THE REDUCTION OF EXPENDITURES TO THE GREATEST POSSIBLE EXTENT--- IT MUST BE HELD THAT NO PAYMENT MAY BE MADE FROM APPROPRIATED FUNDS FOR THE TRANSPORTATION, AFTER JUNE 30, 1932, OF AN AUTOMOBILE BELONGING TO AN OFFICER OR EMPLOYEE OF THE UNITED STATES OTHER THAN AS SPECIFICALLY PERMITTED IN SECTION 209, BY THE WAR AND NAVY DEPARTMENTS, NOTWITHSTANDING THAT THE TRANSPORTATION MAY HAVE STARTED BEFORE THAT DATE.