B-14579, JANUARY 30, 1941, 20 COMP. GEN. 421

B-14579: Jan 30, 1941

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TRANSPORTATION - HOUSEHOLD EFFECTS - CIVILIAN EMPLOYEES TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVY CIVILIAN PERSONNEL AT GOVERNMENT EXPENSE IS NOT AUTHORIZED SINCE THERE IS NO SPECIFIC PROVISION THEREFOR IN EXISTING APPROPRIATION OR OTHER STATUTES. BEING MERELY AN AUTHORIZATION FOR THE ISSUANCE BY THE PRESIDENT OF UNIFORM REGULATIONS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS WHEN SUCH EXPENSES ARE "AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS.'. 1941: I HAVE YOUR LETTER OF JANUARY 21. AS FOLLOWS: THERE IS ENCLOSED FOR YOUR CONSIDERATION A LETTER FROM THE PAYMASTER GENERAL OF THE NAVY. THE REFERRED-TO LETTER FROM THE PAYMASTER GENERAL OF THE NAVY IS AS FOLLOWS: 1. THE ACT IS TO BE ADMINISTERED "UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT.'.

B-14579, JANUARY 30, 1941, 20 COMP. GEN. 421

TRANSPORTATION - HOUSEHOLD EFFECTS - CIVILIAN EMPLOYEES TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVY CIVILIAN PERSONNEL AT GOVERNMENT EXPENSE IS NOT AUTHORIZED SINCE THERE IS NO SPECIFIC PROVISION THEREFOR IN EXISTING APPROPRIATION OR OTHER STATUTES, THE ACT OF OCTOBER 10, 1940, BEING MERELY AN AUTHORIZATION FOR THE ISSUANCE BY THE PRESIDENT OF UNIFORM REGULATIONS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS WHEN SUCH EXPENSES ARE "AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS.'

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, JANUARY 30, 1941:

I HAVE YOUR LETTER OF JANUARY 21, 1941, REF. L19/L21 (401204), K, AS FOLLOWS:

THERE IS ENCLOSED FOR YOUR CONSIDERATION A LETTER FROM THE PAYMASTER GENERAL OF THE NAVY, DATED JANUARY 8, 1941, REQUESTING DECISION ON THE QUESTION THEREIN PRESENTED AS TO WHETHER OR NOT, UNDER THE ACT OF OCTOBER 10, 1940 ( PUB. NO. 839--- 76TH CONGRESS), PAYMENT FOR THE SERVICES OF HANDLING HOUSEHOLD EFFECTS OF CIVILIAN PERSONNEL OF THE NAVY MAY BE MADE FROM THE CURRENT APPROPRIATION " MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS," PENDING THE ENACTMENT OF ADDITIONAL LEGISLATION MAKING FUNDS SPECIFICALLY AVAILABLE FOR SUCH PURPOSE.

THE REFERRED-TO LETTER FROM THE PAYMASTER GENERAL OF THE NAVY IS AS FOLLOWS:

1. THE ACT APPROVED 10 OCTOBER 1940, PUBLIC, 839, 76TH CONGRESS, ENTITLED:

"AN ACT TO PROVIDE FOR UNIFORMITY OF ALLOWANCES FOR THE TRANSPORTATION OF HOUSEHOLD GOODS OF CIVILIAN OFFICERS AND EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY" CONFERS UPON CIVILIAN PERSONNEL OF THE GOVERNMENT THE RIGHT TO THE HANDLING OF THEIR HOUSEHOLD EFFECTS AT PUBLIC EXPENSE WHEN OFFICIALLY TRANSFERRED BETWEEN PERMANENT DUTY STATIONS FOR THE BENEFIT OF THE GOVERNMENT.

2. THE ACT IS TO BE ADMINISTERED "UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT.' RULES AND REGULATIONS WERE PROMULGATED BY EXECUTIVE ORDER DATED 7 NOVEMBER 1940 ( NO. 8588).

3. THE ACT, SUPRA, READS IN PART AS FOLLOWS:

"EXPENSES WHICH NOW OR HEREAFTER MAY BE AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS.' IN VIEW OF THIS WORDING OF THE ACT, SOME DOUBT EXISTS AS TO WHETHER THIS DEPARTMENT WOULD BE AUTHORIZED TO PACK, CRATE, HAUL, TRANSPORT, AND UNPACK THE HOUSEHOLD EFFECTS OF CIVILIAN PERSONNEL PURSUANT TO THE ACT AND REGULATIONS APPLICABLE THERETO FROM THE DATE OF THE APPROVAL OF THE ACT AS A CHARGE TO THE APPROPRIATION " MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS" OR WHETHER ADDITIONAL LEGISLATION IS REQUIRED BEFORE PAYMENT FOR SUCH SERVICES CAN BE ALLOWED.

4. HERETOFORE, NAVY CIVILIAN PERSONNEL HAVE NOT BEEN ENTITLED TO THE HANDLING OF THEIR HOUSEHOLD EFFECTS AT PUBLIC EXPENSE AND NO SPECIFIC PROVISION APPEARS IN NAVY APPROPRIATION ACTS FOR THIS PURPOSE. ACTION HAS BEEN TAKEN TO MAKE SUITABLE PROVISION IN THE NAVY APPROPRIATION ACT FOR 1942 FOR THE SERVICES CONTEMPLATED IN THE ACT OF 10 OCTOBER 1940.

5. CIVILIAN PERSONNEL ARE NOW BEING TRANSFERRED BETWEEN STATIONS IN LARGER NUMBERS THAN PREVIOUSLY BECAUSE OF THE ENLARGED NAVY PROGRAM. IS, THEREFORE, REQUESTED THAT AN EARLY DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER PAYMENT FOR THE SERVICES OF HANDLING OF HOUSEHOLD EFFECTS OF CIVILIANS MAY BE MADE FROM THE CURRENT NAVY APPROPRIATION PENDING THE ENACTMENT OF ADDITIONAL LEGISLATION MAKING FUNDS SPECIFICALLY AVAILABLE FOR THE PURPOSE.

THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, PROVIDES---

THAT EXPENSES WHICH NOW OR HEREAFTER MAY BE AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS FOR THE PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF ANY OF THE EXECUTIVE DEPARTMENTS OF ESTABLISHMENTS OF THE UNITED STATES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY SHALL HEREAFTER BE ALLOWED AND PAID, WHEN SPECIFICALLY AUTHORIZED OR APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED, UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT, WHICH REGULATIONS SHALL PRESCRIBE, AMONG OTHER MATTERS, THE MAXIMUM WEIGHT OF THE PROPERTY, NOT TO EXCEED FIVE THOUSAND POUNDS GROSS OR THE EQUIVALENT THEREOF WHEN TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT, WHICH MAY BE PACKED, CRATED, HAULED, TRANSPORTED, AND UNPACKED AT GOVERNMENT EXPENSE: PROVIDED, THAT NO PART OF SUCH EXPENSES SHALL BE PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE AT THE REQUEST AND PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE: PROVIDED FURTHER, THAT NOTHING HEREIN SHALL AFFECT THE ALLOWANCE AND PAYMENT OF EXPENSES FOR, OR INCIDENT TO, THE TRANSPORTATION OF EFFECTS OF OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICE, DEPARTMENT OF STATE, EXCEPT WHERE THE TRANSFER IS MADE AT REQUEST AND PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE.

IT WILL BE NOTED THAT THIS ACT AUTHORIZES THE ISSUANCE OF STANDARDIZED REGULATIONS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS WHEN SUCH EXPENSES ARE "AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS; " THAT IS TO SAY, THE ACT AUTHORIZES THE PROMULGATION OF UNIFORM REGULATIONS FOR APPLICATION ONLY IN CASES WHERE SUCH EXPENSES NOW ARE OR HEREAFTER MAY BE AUTHORIZED BY LAW TO BE PAID FROM GOVERNMENT FUNDS, BUT IT DOES NOT AUTHORIZE PAYMENT FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN OFFICERS OR EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY. AS NO SPECIFIC PROVISION HERETOFORE HAS BEEN MADE BY LAW EITHER IN AN APPROPRIATION OR ELSEWHERE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN PERSONNEL OF THE NAVY UPON TRANSFER OF OFFICIAL STATION, THE COST OF SUCH TRANSPORTATION MAY NOT BE PAID FROM THE APPROPRIATION," MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS, 1941" (ACT OF JUNE 11, 1940, 54 STAT. 277), PENDING THE ENACTMENT OF ADDITIONAL LEGISLATION MAKING FUNDS SPECIFICALLY AVAILABLE FOR SUCH PURPOSE, AS SUGGESTED IN YOUR LETTER.