B-45780, NOVEMBER 30, 1944, 24 COMP. GEN. 420

B-45780: Nov 30, 1944

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WHERE THE PERIOD DURING WHICH AN EMPLOYEE IS ASSIGNED TO ANOTHER FEDERAL AGENCY ON A REIMBURSABLE BASIS UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30. IS FOR A SUBSTANTIAL PERIOD. IT IS PROPER AND LEGAL FOR THE LOANING AGENCY TO CHANGE THE EMPLOYEE'S OFFICIAL STATION TO THE PLACE WHERE THE BORROWING AGENCY HAS THE EMPLOYEE ASSIGNED TO DUTY. IS CHANGED TO HIS NEW POST OF DUTY WITH THE BORROWING AGENCY. THE TWO AGENCIES MAY AGREE THAT THE BORROWING AGENCY WILL REIMBURSE THE LOANING AGENCY FOR SUCH EXPENSES AS A PART OF THE COST OF THE WORK. IS TO BE CHANGED TO THE EMPLOYEE'S NEW POST OF DUTY WITH THE BORROWING AGENCY OR BACK AGAIN AT THE TERMINATION OF THE ASSIGNMENT. WHERE AN EMPLOYEE IS ASSIGNED TO ANOTHER FEDERAL AGENCY.

B-45780, NOVEMBER 30, 1944, 24 COMP. GEN. 420

INTERAGENCY LOAN OF EMPLOYEES - CHANGE OF OFFICIAL STATION; TRAVELING EXPENSES; ETC. WHERE THE PERIOD DURING WHICH AN EMPLOYEE IS ASSIGNED TO ANOTHER FEDERAL AGENCY ON A REIMBURSABLE BASIS UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, AS AMENDED, IS FOR A SUBSTANTIAL PERIOD, IT IS PROPER AND LEGAL FOR THE LOANING AGENCY TO CHANGE THE EMPLOYEE'S OFFICIAL STATION TO THE PLACE WHERE THE BORROWING AGENCY HAS THE EMPLOYEE ASSIGNED TO DUTY, AND BACK AGAIN AT THE TERMINATION OF THE ASSIGNMENT. WHERE THE OFFICIAL STATION OF AN EMPLOYEE ASSIGNED TO ANOTHER FEDERAL AGENCY ON A REIMBURSABLE BASIS UNDER SECTION 601 OF THE ACT OF JUNE 30, 1932, AS AMENDED, IS CHANGED TO HIS NEW POST OF DUTY WITH THE BORROWING AGENCY, THE EMPLOYEE BECOMES ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES AND TO SHIPMENT OF HOUSEHOLD GOODS, SUBJECT TO THE TERMS AND CONDITIONS OF THE LAWS AND REGULATIONS APPLICABLE THERETO, AND THE TWO AGENCIES MAY AGREE THAT THE BORROWING AGENCY WILL REIMBURSE THE LOANING AGENCY FOR SUCH EXPENSES AS A PART OF THE COST OF THE WORK. WHERE THE OFFICIAL STATION OF AN EMPLOYEE ASSIGNED TO ANOTHER FEDERAL AGENCY ON A REIMBURSABLE BASIS UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, AS AMENDED, IS TO BE CHANGED TO THE EMPLOYEE'S NEW POST OF DUTY WITH THE BORROWING AGENCY OR BACK AGAIN AT THE TERMINATION OF THE ASSIGNMENT, TRAVEL ORDERS DIRECTING SUCH TRANSFER INCLUDING AUTHORITY FOR REIMBURSEMENT OF TRAVELING EXPENSES AND AUTHORIZATION OR APPROVAL OF THE SHIPMENT OF HOUSEHOLD GOODS SHOULD ISSUE BY THE LOANING AGENCY. WHERE AN EMPLOYEE IS ASSIGNED TO ANOTHER FEDERAL AGENCY, PURSUANT TO SECTION 601 OF THE ACT OF JUNE 30, 1932, AS AMENDED, UNDER A LOAN AGREEMENT PROVIDING FOR REIMBURSEMENT OF TRAVEL EXPENSES TO THE LOANING AGENCY, THE EMPLOYEE'S OFFICIAL STATION POSSIBLY MAY BE REGARDED AS AUTOMATICALLY REVERTING TO HIS OLD OFFICIAL STATION WITH THE LOANING AGENCY UPON TERMINATION OF SUCH ASSIGNMENT; NEVERTHELESS, IN VIEW OF SECTION 201 (A) OF THE ACT OF JUNE 27, 1944, A TRAVEL ORDER IS NECESSARY TO AUTHORIZE REIMBURSEMENT OF TRAVELING EXPENSES UPON SUCH PERMANENT CHANGE OF STATION.

COMPTROLLER GENERAL WARREN TO GUY W. LANE, WAR PRODUCTION BOARD, NOVEMBER 30, 1944:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14, 1944, AS FOLLOWS: RE: BU. VOUCHER, WPB 43013.

AMOUNT, $284.03.

CLAIMANT, LLEWELLYN EVANS.

PERIOD, MAY 1-4, 1944.

ATTACHED AS THE ABOVE VOUCHER, TOGETHER WITH SUPPORTING PAPERS, COVERING TRAVEL EXPENSES ($30.27) AND THE COST OF MOVING HOUSEHOLD GOODS ($253.76) FROM WASHINGTON, D.C. TO CHATTANOOGA, TENNESSEE. THE CLAIMANT, AN EMPLOYEE OF THE TENNESSEE VALLEY AUTHORITY, WAS DETAILED TO THE WAR PRODUCTION BOARD ON A REIMBURSABLE BASIS FOR THE PERIOD NOVEMBER 19, 1941 TO MAY 4, 1944. SINCE MR. EVANS WAS REQUIRED TO TRAVEL FROM CHATTANOOGA, TENNESSEE, HIS OFFICIAL STATION, TO WASHINGTON, D.C., AND FROM THERE TO OTHER POINTS, THE LOAN AGREEMENT INCLUDED REIMBURSEMENT OF SUBSISTENCE AND TRAVEL EXPENSES TO THE TENNESSEE VALLEY AUTHORITY.

DUE TO THE TENURE OF THE DETAIL THE EMPLOYEE'S POST OF DUTY WAS TRANSFERRED TO WASHINGTON, .C., IN THE INTERESTS OF THE GOVERNMENT, EFFECTIVE NOVEMBER 15, 1942. THERE WERE NO EXPENSES INVOLVED INCIDENT TO THE CHANGE OF HEADQUARTERS, AND SUBSEQUENT NECESSARY SMALL SHIPMENTS OF THE EMPLOYEE'S HOUSEHOLD GOODS WERE ACCOMPLISHED AT NO COST TO THE GOVERNMENT.

UPON TERMINATION OF THE DETAIL ON MAY 4, 1944, THIS OFFICE REFUSED TO PROCESS A REQUEST, DATED MAY 8, 1944, COVERING THE PAYMENT OF TRAVEL EXPENSES AND COST OF MOVING THE EMPLOYEE'S HOUSEHOLD GOODS BACK TO CHATTANOOGA, TENNESSEE. SUCH REFUSAL WAS BASED ON THE OPINION THAT THE WAR PRODUCTION BOARD COULD NOT LEGALLY AUTHORIZE OR APPROVE EXPENSES INCIDENT TO A TRANSFER OF OFFICIAL STATION OF AN EMPLOYEE OF ANOTHER AGENCY, AS DISTINGUISHED FROM EXPENSES OF TRAVEL ON OFFICIAL BUSINESS. ALSO, IF THIS OPINION IS CORRECT, THE EXPENSES OF TRAVEL INCIDENT THERETO WERE NOT PREVIOUSLY AUTHORIZED.

THE TENNESSEE VALLEY AUTHORITY WAS REQUESTED TO PROPERLY APPROVE THE EXPENSES INCURRED IN THE SHIPMENT OF HOUSEHOLD EFFECTS, TO ENABLE PAYMENT THEREOF BY THIS OFFICE. THAT OFFICE, HOWEVER, CONTENDS THAT THE LOAN AGREEMENTS CONSTITUTE PROPER AUTHORIZATION FOR THE EXPENSES INVOLVED AND NO ADDITIONAL ACTION IS CONSIDERED NECESSARY TO HAVE THE EMPLOYEE'S HEADQUARTERS REVERT TO CHATTANOOGA, TENNESSEE, AT GOVERNMENT EXPENSE.

YOUR DECISION AND ADVICE IS SOLICITED AS TO WHETHER THE SUBJECT VOUCHER MAY BE CERTIFIED FOR PAYMENT.

IN DECISION OF MARCH 2, 1934, 13 COMP. GEN. 234, IT WAS STATED, AT PAGE 236, AS FOLLOWS:

IT SEEMS REASONABLY CLEAR THAT THE CONGRESS INTENDED BY THE ENACTMENT OF SECTION 601 OF THE ECONOMY ACT, THAT TWO DEPARTMENTS OR OFFICES OF THE GOVERNMENT OPERATING UNDER SEPARATE APPROPRIATIONS MAY ENTER INTO AN AGREEMENT FOR THE PERFORMANCE OF PURELY PERSONAL SERVICES BY THE PERSONNEL OF ONE DEPARTMENT OR OFFICE FOR THE PERFORMANCE OF THE WORK OF THE OTHER, FOR WHICH REIMBURSEMENT OR TRANSFER OF APPROPRIATION MAY BE MADE NOT TO EXCEED THE REGULAR SALARIES AND AUTHORIZED EXPENSES, IF ANY, OF THE PERSONNEL LOANED COVERING THE PERIOD INVOLVED. BUT IN SUCH CASES THERE SHOULD BE A WRITTEN ORDER OR AGREEMENT IN ADVANCE, SIGNED BY THE RESPONSIBLE ADMINISTRATIVE OFFICER OF EACH OF THE DEPARTMENTS OR OFFICES CONCERNED, AND SAID AGREEMENT SHOULD BE ATTACHED TO THE REQUEST FOR TRANSFER OF APPROPRIATIONS OR VOUCHER FOR REIMBURSEMENT FOR FILING IN THIS OFFICE.

IN DECISION OF JULY 29, 1942, 22 COMP. GEN. 74, IT WAS HELD, (QUOTING FROM THE SYLLABUS):

THERE IS NO LEGAL OBLIGATION ON ONE GOVERNMENT AGENCY FOR WHICH SERVICES HAVE BEEN PERFORMED BY ANOTHER, AS AUTHORIZED BY SECTION 601 OF THE ACT OF JUNE 30, 1932, TO REIMBURSE THE OTHER AGENCY AN AMOUNT REPRESENTING ACTUAL COST OF PERFORMANCE IN EXCESS OF THE MAXIMUM AGREED UPON IN ADVANCE, BUT, IT BEING PROVIDED BY THE STATUTE THAT ADJUSTMENT OF THE COST OF PERFORMANCE SHALL BE ON THE BASIS OF THAT WHICH MAY BE AGREED UPON, NO OBJECTION WILL BE MADE TO A FURTHER REIMBURSEMENT OF ACTUAL COST ON THE BASIS OF AN AMOUNT ADMINISTRATIVELY DETERMINED TO BE A PROPER ADJUSTMENT.

DURING THE PERIOD AN EMPLOYEE IS ON LOAN OR ASSIGNMENT FROM ONE FEDERAL AGENCY TO ANOTHER ON A REIMBURSABLE BASIS UNDER THE PROVISIONS OF SECTION 601 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED (31 U.S.C. 686), HE REMAINS AN EMPLOYEE OF THE FIRST OR LOANING AGENCY--- IN THIS CASE, THE TENNESSEE VALLEY AUTHORITY. IF THE PERIOD OF SUCH ASSIGNMENT IS FOR A SUBSTANTIAL PERIOD--- AS IN THE INSTANT CASE--- IT IS PROPER AND LEGAL FOR THE FIRST OR LOANING AGENCY TO CHANGE THE OFFICIAL STATION OF THE EMPLOYEE TO THE PLACE WHERE THE SECOND OR BORROWING AGENCY, IN THIS CASE, THE WAR PRODUCTION BOARD, HAS THE EMPLOYEE ASSIGNED TO DUTY, AND BACK AGAIN AT THE TERMINATION OF THE ASSIGNMENT. INCIDENTAL TO SUCH PERMANENT CHANGES OF STATION, THE EMPLOYEE BECOMES ENTITLED TO REIMBURSEMENT OF TRAVELING EXPENSES AND FOR SHIPMENT OF HOUSEHOLD GOODS, SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTROLLING LAWS AND REGULATIONS APPLICABLE THERETO, AND THE TWO AGENCIES MAY AGREE THAT THE SECOND OR BORROWING AGENCY WILL REIMBURSE THE FIRST OR LOANING AGENCY FOR SUCH EXPENSES AS A PART OF THE COST OF THE WORK. TRAVEL ORDERS DIRECTING THE TRANSFER OF OFFICIAL STATION INCLUDING AUTHORITY FOR REIMBURSEMENT OF TRAVELING EXPENSES AND AUTHORIZATION OR APPROVAL OF THE SHIPMENT OF HOUSEHOLD GOODS SHOULD ISSUE BY THE FIRST OR LOANING AGENCY IN WHICH THE EMPLOYEE IS REGULARLY EMPLOYED, IN THIS CASE, THE TENNESSEE VALLEY AUTHORITY, AS THOUGH THE EMPLOYEE WERE NOT ON ASSIGNMENT TO ANOTHER AGENCY. THAT IS, AT THE TERMINATION OF THE LOAN, THE OFFICIAL STATION POSSIBLY MAY BE REGARDED AS AUTOMATICALLY REVERTING TO THE EMPLOYEE'S OLD OFFICIAL STATION WITH THE AGENCY IN WHICH HE REGULARLY IS EMPLOYED, AS APPARENTLY UNDERSTOOD BY THE TENNESSEE VALLEY AUTHORITY, BUT NEVERTHELESS, UNDER THE CONTROLLING STATUTE A TRAVEL ORDER IS NECESSARY TO AUTHORIZE REIMBURSEMENT OF TRAVELING EXPENSES UPON SUCH PERMANENT CHANGE OF STATION. SEE SECTION 201 (A) OF THE ACT OF JUNE 27, 1944, PUBLIC LAW 358, 58 STAT. 384. WHILE TRANSPORTATION OF HOUSEHOLD GOODS MAY BE AUTHORIZED IN ADVANCE, OR APPROVED AFTER THE SHIPMENT (ACT OF OCTOBER 10, 1940, 54 STAT. 1105; SECTION 1 OF THE PRESIDENT'S REGULATIONS, EXECUTIVE ORDER NO. 8589 OF NOVEMBER 7, 1940), THE BETTER PROCEDURE IS TO AUTHORIZE THE SHIPMENT IN ADVANCE.

ACCORDINGLY, REFERRING TO THE THIRD PARAGRAPH OF YOUR LETTER, YOU WERE CORRECT IN REQUESTING THE TENNESSEE VALLEY AUTHORITY TO ISSUE THE NECESSARY TRAVEL ORDER CHANGING THE OFFICIAL STATION OF THE EMPLOYEE FROM WASHINGTON, D.C., BACK TO CHATTANOOGA, TENNESSEE.

HOWEVER, IN THE INSTANT CASE, IN VIEW OF THE APPARENT MISUNDERSTANDING IN THE MATTER, AND IN THE ABSENCE OF A CONTROLLING DECISION, IF THE WAR PRODUCTION BOARD AGREES (22 COMP. GEN. 74, SUPRA), THE TENNESSEE VALLEY AUTHORITY MAY BE REIMBURSED OTHERWISE PROPER TRAVELING EXPENSES AND COST OF SHIPMENT OF THE HOUSEHOLD GOODS INCURRED BY MR. EVANS, AND THE AMOUNT THEREOF PAID DIRECTLY TO HIM, AS HAS BEEN AGREED UPON. UPON THAT BASIS, AND IN THIS PARTICULAR INSTANCE, THE VOUCHER, IF OTHERWISE CORRECT AS TO WEIGHT LIMITATION, AS TO ECONOMY IN THE METHOD OF SHIPMENT EMPLOYED, ETC., MAY BE CERTIFIED FOR PAYMENT.