B-43275, AUGUST 4, 1944, 24 COMP. GEN. 69

B-43275, AUGUST 4, 1944, 24 COMP. GEN. 69

TRANSPORTATION - HOUSEHOLD EFFECTS - EFFECTS ACQUIRED SUBSEQUENT TO CHANGE OF STATION UNDER THE ACT OF OCTOBER 10, 1940, AND THE EXECUTIVE REGULATIONS ISSUED PURSUANT THERETO, GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS OF TRANSFERRED CIVILIAN EMPLOYEES, THERE IS NO OBLIGATION UPON THE GOVERNMENT TO REIMBURSE AN EMPLOYEE THE COST OF TRANSPORTING HOUSEHOLD GOODS ACQUIRED SUBSEQUENT TO THE EFFECTIVE DATE OF HIS CHANGE OF STATION.

COMPTROLLER GENERAL WARREN TO ROBERT E. LEE, DEPARTMENT OF JUSTICE, AUGUST 4, 1944:

BY LETTER DATED JULY 11, 1944, THE ADMINISTRATIVE ASSISTANT TO THE ATTORNEY GENERAL FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF JUNE 26, 1944, AS FOLLOWS:

THERE IS ATTACHED HERETO A VOUCHER SUBMITTED BY CARSON PIRIE SCOTT AND COMPANY, CHICAGO, ILLINOIS IN THE AMOUNT OF $7.00, WHICH AMOUNT REPRESENTS FREIGHT CHARGES FOR THE SHIPMENT OF ONE SOFA BELONGING TO STUART T. NASH, SPECIAL AGENT OF THE FEDERAL BUREAU OF INVESTIGATION, FROM CHICAGO, ILLINOIS TO SAN ANTONIO, TEXAS.

IN THIS CONNECTION YOU ARE ADVISED THAT MR. NASH WAS TRANSFERRED FROM CHICAGO TO SAN ANTONIO UNDER DATE OF OCTOBER 5, 1943. THE SOFA IN QUESTION WAS PURCHASED SUBSEQUENT TO THIS DATE IN ORDER TO REPLACE ONE WHICH HAD BEEN DESTROYED BY FIRE EARLY IN THE YEAR 1943. SUCH A PURCHASE HAD NOT BEEN MADE PREVIOUSLY AS MR. NASH LIVED IN FURNISHED APARTMENTS DURING THE PERIOD IN WHICH HE WAS ASSIGNED TO THE CHICAGO DIVISIONAL OFFICE OF THIS BUREAU. AS AUTHORIZED CERTIFYING OFFICER OF THIS BUREAU, I SHOULD APPRECIATE BEING ADVISED AS TO WHETHER THIS VOUCHER MAY BE CERTIFIED, IN VIEW OF THE CIRCUMSTANCES OUTLINED ABOVE, WITHOUT SUBSEQUENT REMUNERATION FROM THE EMPLOYEE INVOLVED. I SHOULD ALSO LIKE TO KNOW WHETHER AN EMPLOYEE UNDER OFFICIAL TRANSFER MAY SEEK REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO THE SHIPMENT OF HOUSEHOLD GOODS PURCHASED SUBSEQUENT TO THE DATE OF HIS TRANSFER ORDER, PROVIDED THAT ALL OTHER CIRCUMSTANCES SURROUNDING THE SHIPMENT ARE IN ACCORDANCE WITH THE REGULATIONS GOVERNING THE TRANSPORTING OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE.

AN EARLY REPLY TO THIS LETTER WILL BE GREATLY APPRECIATED.

PRIOR TO APPROVAL OF THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, PROVIDING A UNIFORM BASIS FOR REIMBURSING THE COST OF TRANSPORTING HOUSEHOLD GOODS OF FEDERAL OFFICERS AND EMPLOYEES UPON CHANGE OF STATION, THE DECISIONS OF THIS OFFICE WERE TO THE EFFECT THAT ONLY HOUSEHOLD EFFECTS OWNED BY AN OFFICER OR EMPLOYEE ON THE EFFECTIVE DATE OF HIS CHANGE OF STATION MIGHT BE TRANSPORTED AT THE EXPENSE OF THE GOVERNMENT AS A PART OF THE AUTHORIZED ALLOWANCE. 13 COMP. GEN. 464; DECISION OF NOVEMBER 30, 1936, A-80934; DECISION OF SEPTEMBER 3, 1938, A-97368.

SECTION 11 OF THE PRESIDENT'S REGULATIONS, EXECUTIVE ORDER NO. 8588, AS AMENDED BY EXECUTIVE ORDER 9122 DATED APRIL 7, 1942, ISSUED UNDER AUTHORITY OF THE ACT OF OCTOBER 10, 1940, SUPRA, PROVIDES THAT "NO EXPENSES SHALL BE ALLOWABLE FOR THE TRANSPORTATION OF PROPERTY ACQUIRED EN ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW.' WHILE THAT PROVISION OF THE REGULATION SPECIFICALLY DOES NOT PROHIBIT REIMBURSEMENT FOR THE TRANSPORTATION OF ADDITIONAL HOUSEHOLD GOODS ACQUIRED AFTER THE CHANGE OF STATION AND SHIPMENT OF THE HOUSEHOLD GOODS HAS BEEN COMPLETED, NEVERTHELESS THE EVIDENT PURPOSE OF THE REGULATION IS TO CONTINUE IN EFFECT THE PREVIOUSLY EXISTING RULE--- THE TWO SITUATIONS APPEARING ANALOGOUS. COMPARE 10 COMP. GEN. 268, INVOLVING AN APPLICATION OF THE LAW AND REGULATIONS GOVERNING THE TRANSPORTATION OF THE HOUSEHOLD GOODS OF OFFICERS AND EMPLOYEES IN THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE WHO DO NOT FALL WITHIN THE PURVIEW OF THE ACT OF OCTOBER 10, 1940, AND THE PRESIDENT'S REGULATIONS THEREUNDER (SEE SECTION 16, EXECUTIVE ORDER NO. 8588), AUTHORIZING THE TRANSPORTATION OF HOUSEHOLD GOODS ACQUIRED AFTER CHANGE OF STATION UNDER CERTAIN CIRCUMSTANCES.

ACCORDINGLY, IN THE LIGHT OF THE LONG EXISTING RULE ABOVE STATED APPLICABLE TO ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT (OTHER THAN THOSE IN THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE) AND ON THE BASIS OF THE QUOTED TERMS OF THE PRESIDENT'S REGULATIONS, IT IS CONCLUDED THAT THERE IS NO OBLIGATION UPON THE GOVERNMENT TO REIMBURSE MR. PRICE FOR THE COST OF TRANSPORTING THE SOFA FROM CHICAGO, ILLINOIS, TO SAN ANTONIO, TEXAS, WHICH SOFA WAS ACQUIRED AFTER HIS CHANGE OF STATION AND THE COMPLETION OF THE SHIPMENT OF HIS HOUSEHOLD GOODS INCIDENT THERETO. HENCE, THE SUBMITTED VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT. IT FOLLOWS FROM THE FOREGOING THAT THE GENERAL QUESTION POSED IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER MUST BE ANSWERED IN THE NEGATIVE.