B-63132, FEBRUARY 11, 1947, 26 COMP. GEN. 583

B-63132, FEBRUARY 11, 1947, 26 COMP. GEN. 583

TRANSPORTATION - HOUSEHOLD EFFECTS - BETWEEN DATES OF EXPIRATION OF PRIOR REGULATIONS AND PROMULGATION OF NEW ALTHOUGH THE EXECUTIVE TRANSPORTATION OF HOUSEHOLD EFFECTS REGULATIONS PROMULGATED NOVEMBER 25, 1946, RETROACTIVE TO NOVEMBER 1, PURSUANT TO SECTION 1 OF THE ACT OF AUGUST 2, 1946, PROVIDED FOR COMMUTED PAYMENTS TO EMPLOYEES FOR TRANSPORTATION OF HOUSEHOLD EFFECTS AND FOR NON-USE OF GOVERNMENT BILLS OF LADING, PAYMENT MAY BE MADE TO A CARRIER FOR TRANSPORTING AN EMPLOYEE'S EFFECTS ON A GOVERNMENT BILL OF LADING--- AS PERMITTED BY EXECUTIVE REGULATIONS UNDER THE ACT OF OCTOBER 10, 1940, REPEALED EFFECTIVE NOVEMBER 1 BY THE 1946 ACT--- BETWEEN NOVEMBER 1 AND NOVEMBER 25, WHERE THE CURRENT REGULATIONS HAVE BEEN COMPLIED WITH IN OTHER RESPECTS AND THE AMOUNT CLAIMED DOES NOT EXCEED THAT OTHERWISE REIMBURSABLE UNDER SUCH REGULATIONS.

COMPTROLLER GENERAL WARREN TO B. CONNOR, DEPARTMENT OF AGRICULTURE, FEBRUARY 11, 1947:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1947, AS FOLLOWS:

THERE IS SUBMITTED HEREWITH FOR ADVICE, VOUCHER OF THE O. K. TRANSFER AND STORAGE COMPANY, GULFPORT, MISS., COVERING CHARGES UNDER GOVERNMENT BILL OF LADING A-1522899 FOR THE TRANSFER NOV. 12, 1946 OF THE HOUSEHOLD GOODS, WEIGHING 2,260 POUNDS (2,600 POUNDS), OF ROBERT W. HOLDSWORTH, AN EMPLOYEE OF THIS BUREAU, FROM GULFPORT, MISS. TO MACON, GA., IN THE AMOUNT OF $128.30. THERE IS ALSO ENCLOSED COPY OF AUTHORIZATION NO. 726 ISSUED TO MR. HOLDSWORTH NOV. 5, 1946.

IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER 9805 DATED NOV. 25, 1946, PURSUANT TO AUTHORITY VESTED IN ACT OF AUG. 2, 1946, PUBLIC 600, 79TH CONGRESS, THE SHIPMENT SHOULD NOT HAVE BEEN MADE ON GOVERNMENT BILL OF LADING BUT RATHER THE TRANSACTION SHOULD HAVE BEEN NEGOTIATED BY THE EMPLOYEE HIMSELF AND REIMBURSEMENT TO COVER THE EXPENSE CLAIMED BY THE EMPLOYEE. THE REGULATIONS OF THE DEPARTMENT COVERING THE ABOVE EXECUTIVE ORDER HAVE NOT YET BEEN ISSUED. HOWEVER, THE AMOUNT OF THE ENCLOSED VOUCHER IS CONSIDERABLY LESS THAN THE AMOUNT ALLOWED BY THE EXECUTIVE ORDER. THERE WILL NOT BE ANY ADDITIONAL EXPENSE FOR THE MOVEMENT OF THE HOUSEHOLD GOODS OTHER THAN THAT SHOWN ON THE ENCLOSED VOUCHER.

UNDER THE CIRCUMSTANCES, WILL YOU KINDLY LET ME HAVE YOUR ADVICE AS TO WHETHER THE ENCLOSED VOUCHER MAY BE PAID FOR THE AMOUNT SUBMITTED. KINDLY RETURN THE VOUCHER WITH ATTACHED PAPERS WITH YOUR REPLY.

SECTION 6 OF EXECUTIVE ORDER 8588, DATED NOVEMBER 7, 1940, AS AMENDED BY EXECUTIVE ORDER 9122, DATED APRIL 6, 1942 (PROMULGATED PURSUANT TO THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105), PRESCRIBING REGULATIONS COVERING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

SECTION 6. USE OF GOVERNMENT BILL OF LADING OR PURCHASE ORDER. SHIPMENT SHALL BE MADE ON GOVERNMENT BILL OF LADING OR PURCHASE ORDER WHENEVER POSSIBLE; OTHERWISE REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE FOR TRANSPORTATION EXPENSES ACTUALLY AND NECESSARILY INCURRED WITHIN THE LIMITATIONS PRESCRIBED BY THESE REGULATIONS. * * *

SECTION 1 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806, PROVIDES, AMONG OTHER THINGS, FOR THE ISSUANCE OF NEW REGULATIONS COVERING SUCH EXPENSES; AND SECTION 2 THEREOF, 60 STAT. 807, REPEALS, AMONG OTHERS, THE ACT OF OCTOBER 10, 1940, SUPRA. SECTION 20 OF THE SAME ACT, 60 STAT. 812, SPECIFICALLY STATES THAT THOSE SECTIONS, TO WIT, SECTIONS 1 AND 2, SHALL BECOME EFFECTIVE AS OF NOVEMBER 1, 1946. THE CURRENT REGULATIONS APPEAR IN EXECUTIVE ORDER 9805, DATED NOVEMBER 25, 1946, AND BY TITLE V THEREOF ARE MADE EFFECTIVE AS OF NOVEMBER 1, 1946, IN CONFORMITY WITH THE ABOVE-MENTIONED STATUTORY PROVISION. SECTION 12 OF SAID ORDER PROVIDES THAT IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES INCURRED IN CONNECTION WITH THE TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD EFFECTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTATED BASIS AT THE RATES FIXED IN SCHEDULE A OF THE REGULATIONS, AND THAT " GOVERNMENT BILLS OF LADING SHALL NOT BE USED.' SECTION 14 OF THE ORDER REQUIRES THE EMPLOYEE TO SUBMIT THE ORIGINAL BILL OF LADING OF THE COMMON CARRIER USED, OR A CERTIFIED COPY THEREOF, UNLESS NO BILL OF LADING IS REQUIRED. IN THAT EVENT, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT OF SHIPMENT MUST BE SUBMITTED.

IT IS EVIDENT FROM THE ABOVE-REFERRED-TO PROVISIONS OF THE APPLICABLE LAWS AND REGULATIONS THAT THE SHIPMENT OF HOUSEHOLD EFFECTS IN THE INSTANT CASE, HAVING BEEN AUTHORIZED SUBSEQUENT TO NOVEMBER 1, 1946, SHOULD NOT HAVE BEEN MADE ON A GOVERNMENT BILL OF LADING. THERE IS, HOWEVER, A MITIGATING CIRCUMSTANCE INVOLVED, TO WIT, THE FACT THAT THE EFFECTS WERE AUTHORIZED TO BE SHIPPED AND ACTUALLY WERE SHIPPED PRIOR TO THE PROMULGATION OF THE CURRENT REGULATIONS GOVERNING SUCH SHIPMENTS. IN THAT CONNECTION, IT IS APPARENT THAT THE CONGRESS POSTPONED THE EFFECTIVE DATE OF SECTIONS 1 AND 2 OF THE ACT OF AUGUST 2, 1946, SUPRA, IN ORDER TO ALLOW TIME FOR THE PREPARATION OF THE NECESSARY REGULATIONS GOVERNING THE ITEMS CONTAINED THEREIN--- THE PROVISIONS OF SAID SECTIONS OF THE STATUTE NOT BEING SELF-EXECUTING. ACTUALLY, THE ANTICIPATED PERIOD OF TIME NECESSARY FOR THE PREPARATION AND ISSUANCE OF THE NEW REGULATIONS (APPROXIMATELY THREE MONTHS) APPEARS TO HAVE BEEN INSUFFICIENT, AS EVIDENCED BY THE FACT THAT THEY WERE NOT ISSUED UNTIL NOVEMBER 25, 1946, OR TWENTY-FIVE DAYS SUBSEQUENT TO THE EFFECTIVE DATE OF THE STATUTORY PROVISIONS AUTHORIZING THEIR PROMULGATION. UNDER SUCH CIRCUMSTANCES, AND AS SECTION 1 OF THE ACT OF AUGUST 2, 1946, SPECIFICALLY PROVIDES THAT THE EXPENDITURES INVOLVED SHALL BE PAID "UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE," WHICH REGULATIONS HAD NOT BEEN PRESCRIBED AS OF THE DATE OF APPROVAL BY A PROPER ADMINISTRATIVE OFFICIAL OF THE ORDER FOR THE TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS, THIS OFFICE DOES NOT CONSIDER ITSELF REQUIRED TO OBJECT TO THE PAYMENT OF THE SUBMITTED VOUCHER. COMPARE 20 COMP. GEN. 479, INVOLVING A SIMILAR PROBLEM UNDER THE ACT OF OCTOBER 10, 1940, SUPRA. IT IS FOR NOTING THAT THE CONCLUSION REACHED HEREIN IS PREDICATED, ALSO, UPON THE PREMISE THAT THE CURRENT REGULATIONS HAVE BEEN COMPLIED WITH IN OTHER RESPECTS, AS WELL AS THE REPORTED FACT THAT THE AMOUNT CLAIMED IS NOT IN EXCESS OF THAT WHICH WOULD HAVE BEEN ALLOWED THE EMPLOYEE HAD HE PAID THE CARRIER AND REQUESTED REIMBURSEMENT IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER 9805, AND THAT THERE WILL BE NO ADDITIONAL EXPENSE FOR MOVEMENT OF THE HOUSEHOLD EFFECTS OTHER THAN THAT SHOWN ON THE SUBMITTED VOUCHER.

ACCORDINGLY, THE VOUCHER, WHICH (TOGETHER WITH SUPPORTING PAPERS) IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.