A-59447, JANUARY 22, 1935, 14 COMP. GEN. 564

A-59447: Jan 22, 1935

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ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES AND TRANSFER OF HOUSEHOLD EFFECTS. HAVE BEEN ESTABLISHED IN BOSTON. DURING THE NEXT FEW MONTHS IT IS PROBABLE THAT REGIONAL OFFICES WILL BE ESTABLISHED IN OTHER FEDERAL RESERVE CITIES. IT IS THE PURPOSE OF THE DIVISION OF DISBURSEMENT TO CONSOLIDATE THE FUNCTIONS OF DISBURSEMENT SO FAR AS POSSIBLE IN THESE REGIONAL OFFICES WHICH WILL INVOLVE THE TRANSFER OF DISBURSING FUNCTIONS FROM OTHER LOCATIONS. ORDERS OF THE SECRETARY OF THE TREASURY APPROVED BY THE PRESIDENT ISSUED FROM TIME TO TIME TRANSFERRING CERTAIN FUNCTIONS OF DISBURSEMENT TO THE DIVISION OF DISBURSEMENT HAVE PROVIDED THAT . ALL PERSONNEL EMPLOYED ON THE DATE OF TRANSFER IN CONNECTION WITH THOSE FUNCTIONS TRANSFERRED PURSUANT HERETO ARE HEREBY REAPPOINTED AT THEIR SAME SALARIES AS EMPLOYEES OF THE DIVISION OF DISBURSEMENT FOR A TEMPORARY PERIOD OF NOT EXCEEDING FOUR MONTHS FROM AND INCLUDING THE DATE OF SUCH TRANSFER.'.

A-59447, JANUARY 22, 1935, 14 COMP. GEN. 564

TRAVELING EXPENSES - TRANSFER OF HOUSEHOLD EFFECTS - EMPLOYEES AFFECTED BY REORGANIZATION EMPLOYEES SEPARATED FROM A DISBURSING OFFICE ABOLISHED BY EXECUTIVE ORDER NO. 6166, DATED JUNE 10, 1933, AND REAPPOINTED IN THE DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, THE SUCCESSOR AGENCY, UNDER AUTHORITY OF SECTION 19 OF THE EXECUTIVE ORDER, NOT FOR DUTY AT THE PLACE WHERE THEY HAD BEEN STATIONED WHEN SEPARATED FROM THE ABOLISHED AGENCY, ARE NOT ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES AND TRANSFER OF HOUSEHOLD EFFECTS, BUT MUST PLACE THEMSELVES AT THEIR FIRST DUTY STATION UNDER THE SUCCESSOR AGENCY AT THEIR OWN EXPENSE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JANUARY 22, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 19, 1934, AS FOLLOWS:

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 6166 OF JUNE 10, 1933, AS AMENDED, REGIONAL OFFICES OF THE DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, HAVE BEEN ESTABLISHED IN BOSTON, MASSACHUSETTS; NEW YORK, NEW YORK; AND PHILADELPHIA, PENNSYLVANIA; AND DURING THE NEXT FEW MONTHS IT IS PROBABLE THAT REGIONAL OFFICES WILL BE ESTABLISHED IN OTHER FEDERAL RESERVE CITIES. IT IS THE PURPOSE OF THE DIVISION OF DISBURSEMENT TO CONSOLIDATE THE FUNCTIONS OF DISBURSEMENT SO FAR AS POSSIBLE IN THESE REGIONAL OFFICES WHICH WILL INVOLVE THE TRANSFER OF DISBURSING FUNCTIONS FROM OTHER LOCATIONS.

SECTION 19 OF THE EXECUTIVE ORDER OF JUNE 10, 1933, PROVIDES IN PART THAT

"ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE SEPARATED FROM THE SERVICE OF THE UNITED STATES, EXCEPT THAT THE HEAD OF ANY SUCCESSOR AGENCY, SUBJECT TO MY APPROVAL, MAY, WITHIN A PERIOD OF 4 MONTHS AFTER TRANSFER OR CONSOLIDATION, REAPPOINT ANY OF SUCH PERSONNEL REQUIRED FOR THE WORK OF THE SUCCESSOR AGENCY WITHOUT REEXAMINATION OR LOSS OF CIVIL-SERVICE STATUS.'

ORDERS OF THE SECRETARY OF THE TREASURY APPROVED BY THE PRESIDENT ISSUED FROM TIME TO TIME TRANSFERRING CERTAIN FUNCTIONS OF DISBURSEMENT TO THE DIVISION OF DISBURSEMENT HAVE PROVIDED THAT ,ALL PERSONNEL EMPLOYED ON THE DATE OF TRANSFER IN CONNECTION WITH THOSE FUNCTIONS TRANSFERRED PURSUANT HERETO ARE HEREBY REAPPOINTED AT THEIR SAME SALARIES AS EMPLOYEES OF THE DIVISION OF DISBURSEMENT FOR A TEMPORARY PERIOD OF NOT EXCEEDING FOUR MONTHS FROM AND INCLUDING THE DATE OF SUCH TRANSFER.'

UP TO THE PRESENT TIME THE EMPLOYEES SO REAPPOINTED HAVE BEEN GIVEN PERMANENT APPOINTMENTS ON OR BEFORE THE EXPIRATION OF THEIR TEMPORARY APPOINTMENTS.

SECTION 2 OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1935, AND FOR OTHER PURPOSES" APPROVED MARCH 15, 1934, PROVIDES--

"APPROPRIATIONS FOR THE FISCAL YEAR 1935 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED FOR ANY TRANSFER EFFECTED FOR THE CONVENIENCE OF ANY OFFICER OR EMPLOYEE.'

THE APPROPRIATION FOR "ADMINISTRATION, MEDICAL, HOSPITAL, AND DOMICILIARY SERVICES" UNDER THE VETERANS' ADMINISTRATION CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, INCLUDES A PROVISION THAT THIS APPROPRIATION SHALL BE AVAILABLE * * * FOR EXPENSES INCURRED IN PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PROPERTY, NOT EXCEEDING IN ANY ONE CASE FIVE THOUSAND POUNDS, OF EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY AND WHEN SPECIFICALLY AUTHORIZED BY THE ADMINISTRATOR.

THE PORTION OF THIS APPROPRIATION WHICH WAS MADE TO COVER THE EXPENSES OF PERFORMING THE FUNCTIONS OF DISBURSEMENT IN THE VETERANS' ADMINISTRATION IS AVAILABLE FOR TRANSFER TO THE DIVISION OF DISBURSEMENT UNDER THE PROVISIONS OF SECTION 20 OF EXECUTIVE ORDER NO. 6166.

IN CONNECTION WITH THE FOREGOING YOUR DECISION ON THE FOLLOWING QUESTIONS IS REQUESTED:

WHEN FUNCTIONS OF DISBURSEMENT ARE TRANSFERRED FROM ONE CITY TO ANOTHER AND CONSOLIDATED IN THE DIVISION OF DISBURSEMENT IN WASHINGTON OR IN A REGIONAL OFFICE OF THE DIVISION OF DISBURSEMENT---

(A) MAY THE EXPENSES OF TRAVEL PERFORMED BY THE PERSONS EMPLOYED ON THE DATE OF TRANSFER IN CONNECTION WITH THE WORK OF THE FUNCTIONS TRANSFERRED BE PAID UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF MARCH 15, 1934, SUPRA, IF SUCH EMPLOYEES ARE REAPPOINTED EITHER TEMPORARILY OR PERMANENTLY AS EMPLOYEES OF THE DIVISION OF DISBURSEMENT?

(B) MAY THE EXPENSES INCURRED IN PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PROPERTY, NOT EXCEEDING IN ANY ONE CASE FIVE THOUSAND POUNDS, OF SUCH EMPLOYEES BE PAID FROM THE FUNDS TRANSFERRED TO THE DIVISION OF DISBURSEMENT FROM THE VETERANS' ADMINISTRATION, WHEN SPECIFICALLY AUTHORIZED BY THE SECRETARY OF THE TREASURY, OR DIRECT FROM THE APPROPRIATION OF THE VETERANS' ADMINISTRATION WHEN SPECIFICALLY AUTHORIZED BY THE ADMINISTRATOR.

THE DIVISION OF DISBURSEMENT WAS ESTABLISHED IN THE TREASURY DEPARTMENT BY EXECUTIVE ORDER NO. 6166, OF JUNE 10, 1933, ISSUED PURSUANT TO TITLE IV OF PART II OF THE ACT OF JUNE 30, 1932, AS AMENDED BY SECTION 16 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1517, AND TITLE III OF THE ACT OF MARCH 20, 1933, 48 STAT. 16, WHICH ORDER BECAME OPERATIVE 60 DAYS AFTER ITS DATE, TO WIT: AUGUST 10, 1933, EXCEPT WHERE THE EFFECTIVE DATE WAS OR MAY BE DEFERRED BY THE PRESIDENT AS PROVIDED IN SECTION 22, OF SAID EXECUTIVE ORDER. SECTION 4 PROVIDED AS FOLLOWS:

SECTION 4--- DISBURSEMENT

THE FUNCTION OF DISBURSEMENT OF MONEYS OF THE UNITED STATES EXERCISED BY ANY AGENCY IS TRANSFERRED TO THE TREASURY DEPARTMENT AND, TOGETHER WITH THE OFFICE OF DISBURSING CLERK OF THAT DEPARTMENT, IS CONSOLIDATED IN A DIVISION OF DISBURSEMENT, AT THE HEAD OF WHICH SHALL BE A CHIEF DISBURSING OFFICER.

THE DIVISION OF DISBURSEMENT OF THE TREASURY DEPARTMENT IS AUTHORIZED TO ESTABLISH LOCAL OFFICES, OR TO DELEGATE THE EXERCISE OF ITS FUNCTIONS LOCALLY TO OFFICERS OR EMPLOYEES OF OTHER AGENCIES, ACCORDING AS THE INTERESTS OF EFFICIENCY AND ECONOMY MAY REQUIRE.

SECTION 19 (GENERAL PROVISIONS) OF SAID ORDER PROVIDED, AMONG OTHER THINGS, AS FOLLOWS:

ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE SEPARATED FROM THE SERVICE OF THE UNITED STATES, EXCEPT THAT THE HEAD OF ANY SUCCESSOR AGENCY, SUBJECT TO MY APPROVAL, MAY, WITHIN A PERIOD OF FOUR MONTHS AFTER TRANSFER OR CONSOLIDATION, REAPPOINT ANY OF SUCH PERSONNEL REQUIRED FOR THE WORK OF THE SUCCESSOR AGENCY WITHOUT REEXAMINATION OR LOSS OF CIVIL-SERVICE STATUS.

AND SECTION 20 (APPROPRIATIONS) OF SAID ORDER PROVIDED AS FOLLOWS:

SUCH PORTIONS OF THE UNEXPENDED BALANCES OF APPROPRIATIONS FOR ANY ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE TRANSFERRED TO THE SUCCESSOR AGENCY AS THE DIRECTOR OF THE BUDGET SHALL DEEM NECESSARY.

IT IS UNDERSTOOD THAT EACH AGENCY THE DISBURSING FUNCTION OF WHICH HAS BEEN TRANSFERRED TO THE DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, HAS BEEN REQUIRED, IN CONFORMITY WITH SECTION 20 OF THE EXECUTIVE ORDER, SUPRA, TO TRANSFER TO THE TREASURY DEPARTMENT SUCH PORTION OF THE UNEXPENDED BALANCE OF THE APPROPRIATION MADE FOR SUPPORT OF THE FUNCTION TRANSFERRED AS DETERMINED NECESSARY BY THE DIRECTOR OF THE BUREAU OF THE BUDGET, AND THAT, IN CONFORMITY WITH SECTION 404 OF THE SAID ACT OF JUNE 30, 1932, AS AMENDED BY SECTION 16 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1518, THE AMOUNTS SO TRANSFERRED HAVE BEEN CONSOLIDATED INTO ONE TREASURY DEPARTMENT FUND FOR USE IN PERFORMING THE DISBURSING FUNCTIONS SO TRANSFERRED, INCLUDING THE DUTIES OF THE FORMER DISBURSING CLERK OF THE TREASURY DEPARTMENT.

BOTH QUESTIONS SUBMITTED ARE PREDICATED UPON---

WHEN FUNCTIONS OF DISBURSEMENT ARE TRANSFERRED FROM ONE CITY TO ANOTHER AND CONSOLIDATED IN THE DIVISION OF DISBURSEMENT IN WASHINGTON OR IN A REGIONAL OFFICE OF THE DIVISION OF DISBURSEMENT--- AND YOUR FIRST QUESTION IS---

(A) MAY THE EXPENSES OF TRAVEL PERFORMED BY THE PERSONS EMPLOYED ON THE DATE OF TRANSFER IN CONNECTION WITH THE WORK OF THE FUNCTIONS TRANSFERRED BE PAID UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF MARCH 15, 1934, SUPRA, IF SUCH EMPLOYEES ARE REAPPOINTED EITHER TEMPORARILY OR PERMANENTLY AS EMPLOYEES OF THE DIVISION OF DISBURSEMENT.

THE PROVISION IN SECTION 2 OF THE ACT OF MARCH 15, 1934, PERMITTING PAYMENT OF EXPENSES OF TRAVEL PERFORMED BY CIVILIAN OFFICERS AND EMPLOYEES ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER WHEN AUTHORIZED BY THE HEAD OF DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER, DOES NOT AND WAS NOT INTENDED, OF COURSE, TO DISTURB THE LONG ESTABLISHED RULE REQUIRING THOSE EMPLOYED TO PLACE THEMSELVES AT THEIR FIRST DUTY STATION AT THEIR OWN EXPENSE, AND IT NECESSARILY FOLLOWS THAT PERSONS REEMPLOYED BY THE TREASURY DEPARTMENT AS ,SUCCESSOR AGENCY" UNDER AUTHORITY OF SECTION 19 OF THE EXECUTIVE ORDER, SUPRA, NOT FOR DUTY AT THE PLACE WHERE THEY HAD BEEN STATIONED WHEN SEPARATED FROM SERVICE BUT AT SOME OTHER PLACE--- WASHINGTON OR REGIONAL OFFICE--- MUST PLACE THEMSELVES AT THEIR FIRST BONA FIDE DUTY STATION AT THEIR OWN EXPENSE.

INASMUCH AS YOUR SECOND QUESTION (B) APPEARS TO RELATE TO REEMPLOYED FORMER EMPLOYEES AS CONSIDERED UNDER QUESTION (A) AND THE CITED PROVISION OF THE APPROPRIATION FROM WHICH TRANSFER WAS MADE TO THE TREASURY DEPARTMENT BY THE VETERANS' ADMINISTRATION LIKEWISE RELATES TO EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, WHAT HAS BEEN STATED IN CONNECTION WITH QUESTION (A) SEEMS SUFFICIENTLY TO COVER QUESTION (B) AS TO REQUIRE NO ANALYSIS OF OTHER MATTERS INVOLVED THEREIN.