A-43498, JULY 25, 1932, 12 COMP. GEN. 112

A-43498: Jul 25, 1932

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" BUT SUCH TRANSFER HAS BEEN PERMITTED WHEN THE EMPLOYEE WAS REQUIRED TO HAVE THE MACHINE AT HIS NEW OFFICIAL STATION FOR USE IN OFFICIAL WORK. MANY OF THE EMPLOYEES ARE REQUIRED TO USE THEIR PERSONAL AUTOMOBILES EXTENSIVELY IN OFFICIAL TRAVEL BECAUSE IT HAS NOT BEEN POSSIBLE UP TO THE PRESENT TIME TO FURNISH GOVERNMENT CARS TO ALL RANGERS AND OTHERS WHOSE DUTIES REQUIRE EXTENSIVE TRAVEL WITH HORSE OR MOTOR EQUIPMENT. TO THE EXTENT THAT FUNDS ARE AVAILABLE THE FOREST SERVICE HAS EQUIPPED ITS TRAVELING FIELD FORCE WITH MOTOR VEHICLES SUITABLE FOR TRAVEL AND THE TRANSPORTATION OF DONE IT IS NECESSARY TO ASK THE EMPLOYEE TO USE HIS OWN CAR EXTENSIVELY IN OFFICIAL WORK. YOUR DECISION IS REQUESTED AS TO WHETHER THE PROVISIONS OF SECTION 209 PROHIBIT THE TRANSFER AT GOVERNMENT EXPENSE OF AN AUTOMOBILE WHICH THE EMPLOYEE IS REQUIRED TO USE IN OFFICIAL WORK AT HIS NEW STATION.

A-43498, JULY 25, 1932, 12 COMP. GEN. 112

ECONOMY ACT - TRANSPORTATION - HOUSEHOLD EFFECTS - AUTOMOBILES THE PROHIBITION AGAINST THE TRANSPORTATION OF AUTOMOBILES OF OFFICERS AND EMPLOYEES, OR OTHER PERSONS, UNDER SECTION 209 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, MAKES NO EXCEPTION AS TO PRIVATELY OWNED AUTOMOBILES WHICH MAY BE USED ON OFFICIAL BUSINESS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JULY 25, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 18, 1932, AS FOLLOWS:

SECTION 209 OF THE LEGISLATIVE APPROPRIATION ACT (PUBLIC, 212, H.R. 11267) PROVIDES THAT 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 ACT AUTHORIZING TRANSFER OF PERSONAL EFFECTS IN CONNECTION WITH TRANSFERS FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY IN THIS DEPARTMENT (36 STAT. 1265) AUTHORIZES THE TRANSFER OF THE EMPLOYEE'S EFFECTS AND "PERSONAL PROPERTY USED IN OFFICIAL WORK.' IT HAS NOT BEEN THE PRACTICE IN THIS DEPARTMENT TO PERMIT THE TRANSFER AT GOVERNMENT EXPENSE OF AN AUTOMOBILE AS A PART OF THE EMPLOYEE'S EFFECTS," BUT SUCH TRANSFER HAS BEEN PERMITTED WHEN THE EMPLOYEE WAS REQUIRED TO HAVE THE MACHINE AT HIS NEW OFFICIAL STATION FOR USE IN OFFICIAL WORK. IN THE FOREST SERVICE, FOR EXAMPLE, MANY OF THE EMPLOYEES ARE REQUIRED TO USE THEIR PERSONAL AUTOMOBILES EXTENSIVELY IN OFFICIAL TRAVEL BECAUSE IT HAS NOT BEEN POSSIBLE UP TO THE PRESENT TIME TO FURNISH GOVERNMENT CARS TO ALL RANGERS AND OTHERS WHOSE DUTIES REQUIRE EXTENSIVE TRAVEL WITH HORSE OR MOTOR EQUIPMENT. TO THE EXTENT THAT FUNDS ARE AVAILABLE THE FOREST SERVICE HAS EQUIPPED ITS TRAVELING FIELD FORCE WITH MOTOR VEHICLES SUITABLE FOR TRAVEL AND THE TRANSPORTATION OF DONE IT IS NECESSARY TO ASK THE EMPLOYEE TO USE HIS OWN CAR EXTENSIVELY IN OFFICIAL WORK.

YOUR DECISION IS REQUESTED AS TO WHETHER THE PROVISIONS OF SECTION 209 PROHIBIT THE TRANSFER AT GOVERNMENT EXPENSE OF AN AUTOMOBILE WHICH THE EMPLOYEE IS REQUIRED TO USE IN OFFICIAL WORK AT HIS NEW STATION.

SECTION 210 OF THE SAID ACT OF JUNE 30, 1932, 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.

THE PROHIBITION AGAINST THE TRANSPORTATION OF AUTOMOBILES OF OFFICERS AND EMPLOYEES, OR OTHER PERSONS, UNDER SECTION 209 CONTAINS NO EXCEPTION AS TO PRIVATELY OWNED AUTOMOBILES WHICH MAY BE USED ON OFFICIAL BUSINESS. MUST BE HELD, THEREFORE, THAT THE EXPENSES OF TRANSPORTING AN EMPLOYEE'S PRIVATELY OWNED AUTOMOBILE TO HIS NEW DUTY STATION ON AND AFTER JULY 1, 1932, IS NOT AUTHORIZED, NOTWITHSTANDING THAT THE VEHICLE MAY BE REQUIRED FOR USE UPON OFFICIAL WORK.