B-16333, APRIL 30, 1941, 20 COMP. GEN. 702

B-16333, APRIL 30, 1941, 20 COMP. GEN. 702

TRANSPORTATION - HOUSEHOLD EFFECTS - CIVILIAN EMPLOYEES FUNDS APPROPRIATED UNDER THE ACT OF MARCH 17, 1941, FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVY CIVILIAN PERSONNEL UPON PERMANENT CHANGE OF STATION, ARE AVAILABLE FOR THE COSTS OF SUCH TRANSPORTATION, EVEN THOUGH THE CHANGE OF STATION OCCURRED BEFORE THE DATE OF THE APPROPRIATION ACT, IF A DEFINITE COMMITMENT BE MADE TO SHIP THE HOUSEHOLD EFFECTS AFTER THE DATE OF SAID ACT, AND SHIPMENT BEGIN WITHIN THE PERIOD AFTER THE TRANSFER OF THE EMPLOYEE PRESCRIBED BY EXECUTIVE ORDER NO. 8588, PROMULGATING REGULATIONS GOVERNING PAYMENT OF HOUSEHOLD GOODS TRANSPORTATION EXPENSES.

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

I HAVE YOUR LETTER OF APRIL 19, 1941, REFERENCE L19/121/410328/S, AS FOLLOWS:

THE NAVY DEPARTMENT HAS UNDER CONSIDERATION A REQUEST FROM A SENIOR CLERK FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS FROM BOSTON, MASS., TO PORTLAND, OREGON, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF OCTOBER 10, 1940 ( PUBLIC, NO. 839--- 76TH CONG.), EXECUTIVE ORDER NO. 8588 DATED NOVEMBER 7, 1940, AND ALNAV 24 DATED JANUARY 28, 1941. A COPY OF THE LAST -MENTIONED PAPER IS ENCLOSED.

TITLE VI, NAVAL APPROPRIATION ACT, FISCAL YEAR 1941, APPROVED MARCH 17, 1941 ( PUBLIC, NO. 13--- 77TH CONG.), MAKES FUNDS AVAILABLE UNDER THE APPROPRIATION " MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS" FOR THE TRANSFER OF HOUSEHOLD EFFECTS OF CIVILIAN PERSONNEL IN THE NAVY WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.

DECISION IS REQUESTED AS TO WHETHER UNDER THE CIRCUMSTANCES ABOVE SET FORTH, HOUSEHOLD EFFECTS OF CIVILIANS MAY BE PACKED, CRATED, HAULED, TRANSPORTED AND UNPACKED AT PUBLIC EXPENSE PROVIDED SUCH SERVICES ARE PERFORMED SUBSEQUENTLY TO THE DATE OF THE APPROVAL OF PUBLIC, NO. 13--- 77TH CONGRESS NOTWITHSTANDING THE FACT THAT THE EFFECTIVE DATE OF THE TRANSFER WAS FEBRUARY 3, 1941, PRIOR TO THE DATE OF THE APPROVAL OF THE ACT.

THE DEFICIENCY APPROPRIATION ACT OF MARCH 17, 1941, PUBLIC LAW 13, 55 STAT. 34, MENTIONED IN YOUR LETTER, CONTAINS AN ITEM AS FOLLOWS:

MAINTENANCE, BUREAU OF SUPPLIES AND ACCOUNTS, INCLUDING TRANSFER OF HOUSEHOLD GOODS AND EFFECTS OF CIVILIAN PERSONNEL AS PROVIDED BY THE ACT OF OCTOBER 10, 1940 ( PUBLIC, NO. 839), AND REGULATIONS PROMULGATED THEREUNDER * * * $2,600,000.

SECTION 12 OF THE REGULATIONS GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CERTAIN CIVILIAN OFFICERS AND EMPLOYEES, PROMULGATED BY THE PRESIDENT IN EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940, PROVIDES AS FOLLOWS:

TIME LIMIT.--- ALL SHIPMENTS ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE UNLESS AN EXTENSION IS SPECIFICALLY GRANTED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT: PROVIDED, THAT IN NO CASE SHALL PAYMENT BE ALLOWABLE FOR SHIPMENTS BEGUN AFTER TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER.

IN DECISION OF MARCH 27, 1941, B-14917, 20 COMP. GEN. 568, IT WAS HELD IN ANSWER TO QUESTION NO. 4, AS FOLLOWS:

IN APPLYING THE WORDS,"SHIPMENTS * * * SHALL BEGIN," APPEARING IN SECTION 12 OF THE REGULATIONS QUOTED IN ANSWER TO QUESTION NO. 3, IT IS BELIEVED PROPER TO COMPUTE THE BEGINNING OF THE SIX-MONTHS' PERIOD FROM THE TIME COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT, NAMELY, THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION.

SEE, ALSO, DECISION OF FEBRUARY 25, 1941, 20 COMP. GEN. 479, 483, WHEREIN IT WAS HELD, IN PERTINENT PART, AS FOLLOWS:

* * * A RIGHT VESTED IN AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE TO HAVE THE WEIGHT AND CLASS OF PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE UNDER THE TERMS AND CONDITIONS OF THE 1911 STATUTE AND REGULATIONS ISSUED PURSUANT THERETO WHEN THE ORDER FOR THE TRANSPORTATION OF THE HOUSEHOLD GOODS WAS APPROVED PRIOR TO NOVEMBER 7, 1940, BY THE SECRETARY OF AGRICULTURE INCIDENT TO A CHANGE IN THE PERMANENT STATION OF THE EMPLOYEE, AND A DEFINITE COMMITMENT HAD BEEN MADE PRIOR TO SAID DATE IN RESPECT OF EXPENSES INCIDENT TO THE TRANSPORTATION OF THE EFFECTS. * * *

SIMILARLY HERE, IF A DEFINITE COMMITMENT BE MADE TO SHIP THE HOUSEHOLD EFFECTS OF A CIVILIAN EMPLOYEE OF THE NAVY DEPARTMENT AFTER MARCH 17, 1941, DATE OF THE APPROPRIATION ACT MAKING FUNDS AVAILABLE FOR SUCH PURPOSE, AND SHIPMENT BEGIN WITHIN THE PERIOD PRESCRIBED BY SECTION 12 OF THE REGULATIONS AFTER THE TRANSFER OF THE EMPLOYEE EVEN THOUGH THE TRANSFER WAS BEFORE THE DATE OF THE APPROPRIATION ACT, AND THE TERMS AND CONDITIONS OF THE STATUTE AND REGULATIONS BE OTHERWISE COMPLIED WITH, THE CITED APPROPRIATION IS AVAILABLE FOR PAYMENT OF THE AUTHORIZED ALLOWANCE FOR SUCH SHIPMENT.