B-112173, DECEMBER 16, 1952, 32 COMP. GEN. 286

B-112173, DECEMBER 16, 1952, 32 COMP. GEN. 286

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - RENTED TRUCK DRIVEN BY HIRED DRIVER AN EMPLOYEE WHO, UPON A PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES, MOVED HIS HOUSEHOLD EFFECTS IN A RENTED TRUCK DRIVEN BY A HIRED DRIVER MAY BE REIMBURSED, UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, AT THE COMMUTED RATE FOR THE SHIPMENT OF THE HOUSEHOLD EFFECTS.

COMPTROLLER GENERAL WARREN TO EDWARD B. GARVEY, DEPARTMENT OF AGRICULTURE, DECEMBER 16, 1952:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1952, REQUESTING A DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT, UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, A VOUCHER TRANSMITTED THEREWITH, STATED IN FAVOR OF ELVIN D. DRESSEL, AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE, IN THE SUM OF $181.91, REPRESENTING THE COMMUTED COST OF TRANSPORTATION OF HOUSEHOLD GOODS UPON A CHANGE OF STATION WITHIN THE UNITED STATES--- THE EMPLOYEE HAVING EFFECTED THE MOVEMENT BY MEANS OF RENTED TRUCK WITH HIRED DRIVER, THE EXPENSE OF WHICH AMOUNTED TO $31.25.

EXECUTIVE ORDER NO. 9805, EFFECTIVE NOVEMBER 1, 1946, ISSUED PURSUANT TO THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, PROVIDED IN SECTION 12 THAT, IN REIMBURSING AN EMPLOYEE UPON A COMMUTED BASIS FOR THE EXPENSES OF TRANSPORTATION OF HIS HOUSEHOLD GOODS INCIDENT TO TRANSFER WITHIN THE UNITED STATES,"THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY SHIPPED BY CARRIER FOR THE EMPLOYEE * * *.' IN VIEW THEREOF IT WAS HELD IN VARIOUS OFFICE DECISIONS THAT THE COMMUTATION OF EXPENSES WAS APPLICABLE ONLY TO CASES OF SHIPMENT BY CARRIER, COMMON OR PRIVATE, INVOLVING SUBSTANTIAL EXPENSE. SEE 28 COMP. GEN. 41. EFFECTIVE SEPTEMBER 23, 1950, THE ABOVE-QUOTED PROVISION OF SECTION 12 OF EXECUTIVE ORDER NO. 9805 WAS AMENDED BY EXECUTIVE ORDER NO. 10196 TO ELIMINATE THE PHRASE "SHIPPED BY CARRIER FOR THE EMPLOYEE" AND SUBSTITUTE THEREFOR THE WORD "TRANSPORTED.' THE PROVISION CONSEQUENTLY NOW READS,"THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED * * *.'

THE APPARENT PURPOSE OF THE AMENDMENT OF THE EXECUTIVE ORDER--- BY ELIMINATING FROM CONSIDERATION THE MODE OF SHIPMENT, AND, CONSEQUENTLY, WHETHER SUBSTANTIAL EXPENSE HAD BEEN INCURRED--- WAS NO DOUBT TO EXTEND THE APPLICATION OF THE COMMUTED METHOD OF REIMBURSEMENT. IN VIEW THEREOF, AND AS THE CASE PRESENTED INVOLVES REIMBURSEMENT OF EXPENSES INCURRED FOR THE MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO A TRANSFER WITHIN THE UNITED STATES, SO AS TO OTHERWISE BE WITHIN THE PURVIEW OF SECTION 12 OF EXECUTIVE ORDER NO. 9805, IT MUST BE CONCLUDED THAT THE COMMUTED METHOD OF REIMBURSEMENT IS FOR APPLICATION, AND THE VOUCHER MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT FOUND DUE UNDER THE APPLICABLE SCHEDULE OF THE EXECUTIVE ORDER.

IT MAY ALSO BE POINTED OUT THAT INSOFAR AS THE ABOVE IS IN CONFLICT WITH PRIOR DECISIONS INVOLVING THE AMENDATORY LANGUAGE OF EXECUTIVE ORDER NO. 10196 RELATIVE TO SECTION 12 OF EXECUTIVE ORDER NO. 9805 THE EARLIER DECISIONS WILL NO LONGER BE CONSIDERED AS CONTROLLING. (SEE B 108627, APRIL 30, 1952; AND B-111581, SEPTEMBER 24, 1952, 32 COMP. GEN. 138).