B-67911, AUGUST 14, 1947, 27 COMP. GEN. 91

B-67911: Aug 14, 1947

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AS FOLLOWS: THE ENCLOSED VOUCHER IS IN FAVOR OF KALAMA EXPRESS IN THE AMOUNT OF $59.40. IS FORWARDED FOR YOUR OPINION AS TO THE LEGALITY OF PAYMENT. THE SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED IN ACCORDANCE WITH EXECUTIVE ORDER 9805 ON TRAVEL ORDER NO. 947 -87. A COPY OF WHICH IS ATTACHED HERETO. OR IN TRANSIT WERE THE RESPONSIBILITY OF THE EMPLOYEE. IN CASE DRAYAGE IS ALLOWED TO ONLY ONE POINT TO AND FROM COMMON CARRIER. YOUR OPINION IS THEREFORE SOLICITED AS TO WHETHER SECTION 20 OF EXECUTIVE ORDER 9805 PROVIDING FOR TEMPORARY STORAGE AUTOMATICALLY INCLUDES DRAYAGE CHARGES TO AND FROM TEMPORARY PLACE OF STORAGE. THE EMPLOYEE WAS DIRECTED TO PROCEED FROM BILLINGS. SHIPMENT OF HIS HOUSEHOLD EFFECTS WAS AUTHORIZED THEREIN.

B-67911, AUGUST 14, 1947, 27 COMP. GEN. 91

TRANSPORTATION - HOUSEHOLD EFFECTS - TEMPORARY STORAGE AND DRAYAGE UNDER SECTIONS 19 AND 20 OF EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT TO SECTION 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING THE DRAYAGE AND TEMPORARY STORAGE OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION, AN EMPLOYEE TRANSFERRED TO AN OVERSEAS POST OF DUTY MAY BE ALLOWED NECESSARY EXPENSES INCIDENTAL TO THE TEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS, OR ARISING SOLELY FROM THE TEMPORARY STORAGE THEREOF, INCLUDING THE EXPENSES OF MOVING THE EFFECTS TO AND FROM STORAGE.

COMPTROLLER GENERAL WARREN TO ETHEL F. KURKJIAN, DEPARTMENT OF COMMERCE, AUGUST 14, 1947:

BY LETTER OF JULY 10, 1947, THE CIVIL AERONAUTICS ADMINISTRATION, DEPARTMENT OF COMMERCE, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF JUNE 24, 1947, AS FOLLOWS:

THE ENCLOSED VOUCHER IS IN FAVOR OF KALAMA EXPRESS IN THE AMOUNT OF $59.40, AND IS FORWARDED FOR YOUR OPINION AS TO THE LEGALITY OF PAYMENT. THIS VOUCHER COVERS THE HAULING OF HOUSEHOLD EFFECTS BELONGING TO GEORGE S. BUCHANAN, CAA EMPLOYEE, FROM TEMPORARY STORAGE AT HONOLULU CONSTRUCTION AND DRAYING COMPANY, WAREHOUSE NO. 2, HONOLULU, TO PLACE OF RESIDENCE AT 3665 NIHIPALI PLACE, HONOLULU. THE SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED IN ACCORDANCE WITH EXECUTIVE ORDER 9805 ON TRAVEL ORDER NO. 947 -87, A COPY OF WHICH IS ATTACHED HERETO.

THIS OFFICE HAS PASSED FOR PAYMENT ONE DRAYAGE CHARGE FROM CARRIER IN THE AMOUNT OF $29.20 IN FAVOR OF KALAMA EXPRESS, COVERING HAULING OF HOUSEHOLD EFFECTS OF GEORGE S. BUCHANAN FROM PIER 9, HONOLULU TO HONOLULU CONSTRUCTION AND DRAYING COMPANY, WAREHOUSE NO. 2, HONOLULU FOR TEMPORARY STORAGE UNDER D.O. VOUCHER NO. 21-7313, PAID JUNE 19, 1947 UNDER D.O. SYMBOL 158-321, ACCOUNT OF PAUL D. BANNING, CHIEF DISBURSING OFFICER.

SINCE SECTION 20 OF EXECUTIVE ORDER 9805 PROVIDES FOR TEMPORARY STORAGE, AND SINCE PRIOR TO THE INCLUSION OF THIS FACTOR ANY CHARGES FOR TEMPORARY STORAGE AT POINT OF ORIGIN, OR POINT OF DESTINATION, OR IN TRANSIT WERE THE RESPONSIBILITY OF THE EMPLOYEE, AND DRAYAGE TO STORAGE OR TO ANY OTHER POINT DESIGNATED BY THE EMPLOYEE COMPLETED THE GOVERNMENT'S RESPONSIBILITY, IT SEEMS IMPLIED THAT BY THE INCLUSION OF SECTION 20, THE GOVERNMENT HAS ALSO INCLUDED ANOTHER DRAYAGE POINT. INASMUCH AS EXECUTIVE ORDER 9805 COVERING TRANSPORTATION OF HOUSEHOLD EFFECTS, INDICATES COST BORNE BY THE GOVERNMENT, IF AUTHORIZED PROPERLY ON THE TRAVEL ORDER, IT WOULD ALSO INDICATE THAT ALL NECESSARY CHARGES APPLICABLE WITH THE VARIOUS SECTIONS OF THE EXECUTIVE ORDER WOULD BE BORNE BY THE GOVERNMENT. IN CASE DRAYAGE IS ALLOWED TO ONLY ONE POINT TO AND FROM COMMON CARRIER, ANY EMPLOYEE UTILIZING SECTION 20, WOULD BE BOUND TO PAY AT LEAST ONE DRAYAGE CHARGE.

YOUR OPINION IS THEREFORE SOLICITED AS TO WHETHER SECTION 20 OF EXECUTIVE ORDER 9805 PROVIDING FOR TEMPORARY STORAGE AUTOMATICALLY INCLUDES DRAYAGE CHARGES TO AND FROM TEMPORARY PLACE OF STORAGE, OR IF SECTION 19 DENOTES ONE DRAYAGE CHARGE TO AND FROM COMMON CARRIER REGARDLESS OF THE TEMPORARY STORAGE FACTOR.

BY TRAVEL ORDER NO. 947-87, DATED NOVEMBER 27, 1946, THE EMPLOYEE WAS DIRECTED TO PROCEED FROM BILLINGS, MONTANA, TO HONOLULU, T.H., FOR THE PURPOSE OF EFFECTING A PERMANENT TRANSFER OF DUTY STATION. SHIPMENT OF HIS HOUSEHOLD EFFECTS WAS AUTHORIZED THEREIN, AND IT APPEARS THE MOVEMENT THEREOF NOW HAS BEEN COMPLETED, AND THAT DRAYAGE FROM RESIDENCE TO CARRIER IN SEATTLE, WASHINGTON, HAS BEEN PAID FOR IN ADDITION TO THE DRAYAGE CHARGE REFERRED TO IN THE SECOND PARAGRAPH OF YOUR LETTER.

EXECUTIVE ORDER 9805, ISSUED NOVEMBER 25, 1946 (RETROACTIVELY EFFECTIVE AS OF NOVEMBER 1, 1946), UNDER SECTION 1 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 806, PROVIDES IN SECTIONS 19 AND 20, WITH RESPECT TO TRANSFER OF HOUSEHOLD GOODS OF GOVERNMENT EMPLOYEES UPON PERMANENT CHANGE OF DUTY STATION TO OR FROM POINTS OUTSIDE CONTINENTAL UNITED STATES, AS FOLLOWS:

SEC. 19. ALLOWANCES FOR DRAYAGE.---IN CASE DOOR-TO-DOOR COMMON CARRIER RATES ARE NOT APPLICABLE, THE ACTUAL COSTS OF DRAYAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) TO AND FROM THE COMMON CARRIER SHALL BE ALLOWED.

SEC. 20. TEMPORARY STORAGE.--- THE ACTUAL EXPENSES OF TEMPORARY STORAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) FOR NOT TO EXCEED SIXTY DAYS, SHALL BE ALLOWED.

IN SECTION 1 (E) OF THE SAME EXECUTIVE ORDER, TEMPORARY STORAGE IS DEFINED AS "STORAGE AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION FOR NOT MORE THAN SIXTY DAYS.'

WHILE THE ABOVE-QUOTED SECTIONS OF THE CURRENT REGULATIONS ARE NOT ENTIRELY CLEAR WITH RESPECT TO PAYMENT OF DRAYAGE CHARGES INCURRED INCIDENT TO STORAGE OF THE GOODS, IT REASONABLY MAY BE CONCLUDED THAT IT WAS INTENDED THEREUNDER TO AUTHORIZE PAYMENT OF NECESSARY EXPENSES INCIDENTAL TO THE TEMPORARY STORAGE OF THE EFFECTS, OR ARISING SOLELY FROM THE TEMPORARY STORAGE THEREOF, INCLUDING THE EXPENSES OF MOVING THE GOODS TO AND FROM STORAGE. ANY OTHER VIEW WOULD LEAD TO RESULTS ENTIRELY INCONSISTENT WITH THE GENERAL PURPOSE OF THE DRAYAGE AND TEMPORARY STORAGE PROVISIONS OF THE SAID REGULATIONS, NAMELY, THE AUTHORIZING OF PAYMENT BY THE GOVERNMENT OF EXPENSES INCURRED BY THE EMPLOYEE DUE TO DOOR-TO-DOOR COMMON CARRIER RATES NOT BEING APPLICABLE UNDER CERTAIN CONDITIONS, OR BY REASON OF LIVING QUARTERS AT THE EMPLOYEE'S NEW DUTY STATION NOT BEING AVAILABLE IMMEDIATELY UPON HIS ARRIVAL THEREAT, EITHER BECAUSE OF CROWDED LIVING CONDITIONS OR LACK OF OPPORTUNITY UPON THE PART OF THE EMPLOYEE TO LOCATE ADEQUATE HOUSING UNTIL SUBSEQUENT TO HIS ARRIVAL AT HIS NEW HEADQUARTERS OR THE TEMPORARY UNAVAILABILITY OF SHIPPING SPACE.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.