B-148589, MAY 2, 1962

B-148589: May 2, 1962

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WAS REFERRED TO US FOR REPLY. WE ARE REPLYING ON THE BASIS THAT YOUR LETTER CONSTITUTES AN APPEAL FROM THAT SETTLEMENT. THIS AUTOMOBILE WAS SHIPPED TO ITALY IN DECEMBER 1960. WHENEVER IT IS DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED TO BE IN THE INTEREST OF THE GOVERNMENT FOR SUCH EMPLOYEE TO HAVE THE USE OF A MOTOR VEHICLE AT HIS POST OF DUTY. * * *" SECTION 1 (F) IS NOT SELF-EXECUTING. ITS OWN TERMS MAKE IT CLEAR THAT IT WAS NOT INTENDED TO HAVE ANY FORCE AND EFFECT UNTIL IT WAS IMPLEMENTED BY APPROPRIATE REGULATIONS. THE DIRECTOR OF THE BUREAU OF THE BUDGET WAS EMPOWERED TO PRESCRIBE REGULATIONS GOVERNING THE TRANSPORTATION OF SUCH MOTOR VEHICLES BY SECTION 2 (1) OF EXECUTIVE ORDER NO. 10903.

B-148589, MAY 2, 1962

TO MR. MAX M. ISHIGURO:

YOUR LETTER OF MARCH 19, 1962, WITH ENCLOSURES, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WAS REFERRED TO US FOR REPLY. SINCE YOUR LETTER PROTESTS GENERAL ACCOUNTING OFFICE SETTLEMENT OF FEBRUARY 2, 1962, DISALLOWING YOUR CLAIM FOR $362.60, REPRESENTING THE COST OF TRANSPORTATION OF YOUR PRIVATELY OWNED AUTOMOBILE FROM BROOKLYN, NEW YORK, TO LEGHORN, ITALY, WE ARE REPLYING ON THE BASIS THAT YOUR LETTER CONSTITUTES AN APPEAL FROM THAT SETTLEMENT.

WHILE IN THE UNITED STATES ON LEAVE IN THE SUMMER OF 1960, YOU PURCHASED AN AMERICAN AUTOMOBILE ALLEGEDLY BECAUSE OF THE PRESIDENT'S "BUY AMERICAN" POLICY. THIS AUTOMOBILE WAS SHIPPED TO ITALY IN DECEMBER 1960.

SECTION 1 (F) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY SECTION 321 OF THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT, PUBLIC LAW 86-707, SEPTEMBER 6, 1960, 74 STAT. 797, 5 U.S.C. 73B--- 1 (F), PROVIDES IN PERTINENT PART THAT:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE PRIVATELY OWNED MOTOR VEHICLE OF ANY EMPLOYEE (INCLUDING ANY NEW APPOINTEE, IN ACCORDANCE WITH SECTION 73B--- 3 OF THIS TITLE) ASSIGNED TO A POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES ON OTHER THAN TEMPORARY DUTY ORDERS MAY BE TRANSPORTED TO, FROM, AND BETWEEN THE CONTINENTAL UNITED STATES AND SUCH POST OF DUTY, OR BETWEEN POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES, WHENEVER IT IS DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED TO BE IN THE INTEREST OF THE GOVERNMENT FOR SUCH EMPLOYEE TO HAVE THE USE OF A MOTOR VEHICLE AT HIS POST OF DUTY. * * *"

SECTION 1 (F) IS NOT SELF-EXECUTING. ITS OWN TERMS MAKE IT CLEAR THAT IT WAS NOT INTENDED TO HAVE ANY FORCE AND EFFECT UNTIL IT WAS IMPLEMENTED BY APPROPRIATE REGULATIONS.

THE DIRECTOR OF THE BUREAU OF THE BUDGET WAS EMPOWERED TO PRESCRIBE REGULATIONS GOVERNING THE TRANSPORTATION OF SUCH MOTOR VEHICLES BY SECTION 2 (1) OF EXECUTIVE ORDER NO. 10903, JANUARY 11, 1961, 26 F.R. 217. SUCH REGULATIONS, EFFECTIVE ON APRIL 17, 1961, WERE ISSUED BY THE BUREAU OF THE BUDGET ON APRIL 3, 1961, IN CIRCULAR NO. A-4, TRANSMITTAL MEMORANDUM NO. 2.

YOUR AUTOMOBILE WAS SHIPPED IN DECEMBER 1960, PRIOR TO THE TIME SUCH REGULATIONS WERE ISSUED. SINCE THE TRANSPORTATION OF AN AUTOMOBILE OF AN EMPLOYEE UNDER THE AUTHORITY GRANTED BY SECTION 1 (F) IS PERMITTED BY SECTION 1 (F) ONLY UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AND WHEN THE HEAD OF THE DEPARTMENT CONCERNED DETERMINES THAT IT IS IN THE INTEREST OF THE GOVERNMENT FOR THE EMPLOYEE TO HAVE THE USE OF A MOTOR VEHICLE AT HIS POST OF DUTY, THAT SECTION AFFORDS NO BASIS FOR REIMBURSING YOU FOR THE COST OF TRANSPORTING YOUR AUTOMOBILE OVERSEAS IN DECEMBER 1960. NO OTHER AUTHORITY EXISTED IN THE LAW OR REGULATIONS IN EFFECT IN DECEMBER 1960 WHICH WOULD GIVE YOU A RIGHT TO TRANSPORTATION OF YOUR AUTOMOBILE AT GOVERNMENT EXPENSE. CONSEQUENTLY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THEREFORE, THE SETTLEMENT OF FEBRUARY 2, 1962, DISALLOWING YOUR CLAIM, MUST BE SUSTAINED.