B-76479, JUNE 3, 1948, 27 COMP. GEN. 738

B-76479: Jun 3, 1948

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ARE APPLICABLE TO THE GOVERNMENT PRINTING OFFICE. 1948: I HAVE YOUR LETTER OF MAY 12. REQUESTING DECISION WHETHER THE APPROPRIATION OF THE GOVERNMENT PRINTING OFFICE FOR PUBLIC PRINTING AND BINDING IS AVAILABLE FOR THE PAYMENT OF EXPENSES INCURRED BY ITS EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR THE CONVENIENCE OF THE GOVERNMENT. IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS IF UNCRATED OR EIGHT THOUSAND SEVEN HUNDRED AND FIFTY POUNDS IF CRATED OR THE EQUIVALENT THEREOF WHEN TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT) * * * PROVIDED FURTHER. THAT IN CASE OF TRANSFER FROM ONE DEPARTMENT TO ANOTHER SUCH EXPENSES SHALL BE PAYABLE FROM THE FUNDS OF THE DEPARTMENT TO WHICH THE OFFICER OR EMPLOYEE IS TRANSFERRED.

B-76479, JUNE 3, 1948, 27 COMP. GEN. 738

TRAVELING EXPENSES; TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - GOVERNMENT PRINTING OFFICE EMPLOYEES THE PROVISIONS OF SECTION 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING PAYMENT OF THE EXPENSES OF TRAVEL AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION, IF AUTHORIZED BY THE DESIGNATED OFFICIAL OF THE "DEPARTMENT" CONCERNED, WHEN CONSIDERED IN THE LIGHT OF THE DEFINITION OF THE WORD "DEPARTMENT" IN SECTION 18 OF THE ACT, ARE APPLICABLE TO THE GOVERNMENT PRINTING OFFICE, AND, THEREFORE, TRANSFERRED EMPLOYEES OF SAID AGENCY MAY BE PAID THE EXPENSES OF TRAVEL AND TRANSPORTATION, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE WHILE IN TRANSIT, FROM THE AGENCY'S TRAVELING EXPENSE APPROPRIATION.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, JUNE 3, 1948:

I HAVE YOUR LETTER OF MAY 12, 1948, REQUESTING DECISION WHETHER THE APPROPRIATION OF THE GOVERNMENT PRINTING OFFICE FOR PUBLIC PRINTING AND BINDING IS AVAILABLE FOR THE PAYMENT OF EXPENSES INCURRED BY ITS EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR THE CONVENIENCE OF THE GOVERNMENT. YOU REFER SPECIFICALLY TO THE PROVISIONS OF SECTION 1 OF THE ADMINISTRATIVE EXPENSE ACT OF AUGUST 2, 1946, AND TO THE REGULATIONS THEREUNDER EMBRACED IN EXECUTIVE ORDER 9805.

SECTION 1 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 806, PROVIDES, SO FAR AS HERE MATERIAL:

THAT (A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER FOR PERMANENT DUTY, SHALL, EXCEPT AS OTHERWISE PROVIDED HEREIN, WHEN AUTHORIZED, IN THE ORDER DIRECTING THE TRAVEL, BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY (OR A COMMUTATION THEREOF IN ACCORDANCE WITH THE ACT OF FEBRUARY 14, 1931) AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS IF UNCRATED OR EIGHT THOUSAND SEVEN HUNDRED AND FIFTY POUNDS IF CRATED OR THE EQUIVALENT THEREOF WHEN TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT) * * * PROVIDED FURTHER, THAT IN CASE OF TRANSFER FROM ONE DEPARTMENT TO ANOTHER SUCH EXPENSES SHALL BE PAYABLE FROM THE FUNDS OF THE DEPARTMENT TO WHICH THE OFFICER OR EMPLOYEE IS TRANSFERRED. (ITALICS SUPPLIED.)

SECTIONS 1 (A) AND (B) OF EXECUTIVE ORDER 9805, PROMULGATING REGULATIONS UNDER THE ABOVE-QUOTED STATUTE, PROVIDE:

(A) " EMPLOYEE" MEANS A CIVILIAN OFFICER OR EMPLOYEE OF A DEPARTMENT AS DEFINED HEREIN.

(B) " DEPARTMENT" MEANS AN EXECUTIVE DEPARTMENT, INDEPENDENT ESTABLISHMENT OR OTHER EXECUTIVE AGENCY, WHOLLY-OWNED GOVERNMENT CORPORATION, OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

AS THE GOVERNMENT PRINTING OFFICE NEVER HAS BEEN CONSIDERED AN EXECUTIVE DEPARTMENT OR AN EXECUTIVE AGENCY, THE REGULATIONS IN THE ABOVE EXECUTIVE ORDER, STANDING ALONE, WOULD SEEM TO EXCLUDE THE GOVERNMENT PRINTING OFFICE FROM THE BENEFITS OF PUBLIC LAW 600. HOWEVER, SECTION 18 OF SAID LAW, 60 STAT. 811, PROVIDES:

SEC. 18. THE WORD "DEPARTMENT" AS USED IN THIS ACT SHALL BE CONSTRUED TO INCLUDE INDEPENDENT ESTABLISHMENTS, OTHER AGENCIES, WHOLLY-OWNED GOVERNMENT CORPORATIONS (THE TRANSACTIONS OF WHICH CORPORATIONS SHALL BE SUBJECT TO THE AUTHORIZATIONS AND LIMITATIONS OF THIS ACT, EXCEPT THAT SECTION 9 SHALL APPLY TO THEIR ADMINISTRATIVE TRANSACTIONS ONLY), AND THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT SHALL NOT INCLUDE THE SENATE, HOUSE OF REPRESENTATIVES, OR OFFICE OF THE ARCHITECT OF THE CAPITOL, OR THE OFFICERS OR EMPLOYEES THEREOF. THE WORDS "CONTINENTAL UNITED STATES" AS USED HEREIN SHALL BE CONSTRUED TO MEAN THE FORTY-EIGHT STATES AND THE DISTRICT OF COLUMBIA. THE WORD " GOVERNMENT" SHALL BE CONSTRUED TO INCLUDE THE GOVERNMENT OF THE DISTRICT OF/COLUMBIA. THE WORD "APPROPRIATION" SHALL BE CONSTRUED AS INCLUDING FUNDS MADE AVAILABLE BY LEGISLATION UNDER SECTION 104 OF THE GOVERNMENT CORPORATION CONTROL ACT, APPROVED DECEMBER 6, 1945.

APPLYING THE GENERAL RULE OF STATUTORY CONSTRUCTION--- EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS--- IT REASONABLY MAY BE CONCLUDED THAT SINCE THE FOREGOING SECTION 18 EXPRESSLY LISTS THE GOVERNMENT AGENCIES TO BE EXCLUDED FROM THE DEFINITION OF "DEPARTMENT," ANY GOVERNMENT AGENCY NOT SO SPECIFICALLY EXCLUDED PROPERLY MAY BE CONSIDERED AS INCLUDED WITHIN THE DEFINITION. IT IS ALSO EVIDENT FROM THE FOREGOING THAT THE ADMINISTRATIVE EXPENSE ACT AS A WHOLE IS NOT CONFINED TO THE EXECUTIVE BRANCH OF THE GOVERNMENT AS SOME OF THE AGENCIES WHICH THE CONGRESS HAS SPECIFICALLY EXCLUDED FROM SECTION 18 ARE UNDER THE LEGISLATIVE BRANCH OF THE GOVERNMENT. SEE DECISION OF DECEMBER 4, 1947, B-70309, 27 COMP. GEN. 313.

THE APPROPRIATION FOR PUBLIC PRINTING AND BINDING, 1948, ACT OF JULY 17, 1947, PUBLIC 197, 61 STAT. 374, CONTAINS A SPECIFIC PROVISION FOR TRAVELING EXPENSES. ACCORDINGLY, THERE APPEARS JUSTIFIED THE CONCLUSION THAT THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, MAY BE REIMBURSED FOR TRANSPORTATION EXPENSES AND PAID PER DIEM IN LIEU OF SUBSISTENCE COVERING THE TIME IN TRANSIT, PROVIDED SUCH REIMBURSEMENT IS AUTHORIZED IN THE ORDER DIRECTING THE TRANSFER. IN THE ABSENCE OF REGULATIONS COVERING THE GOVERNMENT PRINTING OFFICE, SPECIFICALLY PROVIDING OTHERWISE, THE TERMS OF EXECUTIVE ORDER 9805 MAY BE APPLIED TO SUCH TRANSFERS.