B-91491, FEBRUARY 1, 1950, 29 COMP. GEN. 317

B-91491: Feb 1, 1950

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THERE IS NO AUTHORITY TO WAIVE THE EMPLOYEE'S ULTIMATE LIABILITY TO THE UNITED STATES FOR STORAGE CHARGES IN EXCESS OF 60 DAYS. EVEN THOUGH THE INTENDED EARLIER SHIPMENT OF THE EFFECTS STORED WAS PREVENTED BY A SHIPPING STRIKE. 1950: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19. THE EMPLOYEE WAS ORDERED TO PROCEED FROM WASHINGTON. SHIPMENT OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER 9805 WAS AUTHORIZED THEREIN. - EVIDENTLY WERE PLACED IN STORAGE AT OAKLAND. IT WAS INTENDED THAT THE SAID EFFECTS WOULD BE PACKED AND CRATED AND THEN SHIPPED ON GOVERNMENT BILL OF LADING. COMMERCIAL TRANSPORTATION WAS NOT IMMEDIATELY AVAILABLE. INSTRUCTIONS WERE ISSUED TO HAVE THE EFFECTS MOVED BY ARMY TRANSPORT.

B-91491, FEBRUARY 1, 1950, 29 COMP. GEN. 317

STORAGE - HOUSEHOLD EFFECTS - IN EXCESS OF 60 DAYS PAYMENT OF CHARGES FOR THE ENTIRE PERIOD OF STORAGE OF THE HOUSEHOLD EFFECTS OF AN EMPLOYEE TRANSFERRED TO AN OVERSEAS DUTY STATION MAY BE MADE TO A WAREHOUSEMAN WHO RENDERED THE SERVICE IN GOOD FAITH AND WITHOUT KNOWLEDGE OF THE 60-DAY LIMITATION IN EXECUTIVE ORDER NO. 9805; HOWEVER, THERE IS NO AUTHORITY TO WAIVE THE EMPLOYEE'S ULTIMATE LIABILITY TO THE UNITED STATES FOR STORAGE CHARGES IN EXCESS OF 60 DAYS, EVEN THOUGH THE INTENDED EARLIER SHIPMENT OF THE EFFECTS STORED WAS PREVENTED BY A SHIPPING STRIKE.

COMPTROLLER GENERAL WARREN TO E. KUSHLIS, CENTRAL INTELLIGENCE AGENCY, FEBRUARY 1, 1950:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1949, TRANSMITTING A VOUCHER STATED IN FAVOR OF BEKINS VAN AND STORAGE COMPANY FOR $11.25, COVERING CHARGES FOR STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF MARY BRUCE CUSHMAN, AN EMPLOYEE OF THE CENTRAL INTELLIGENCE AGENCY, DURING THE PERIOD MAY 16 TO OCTOBER 1, 1949, AND REQUESTING AN ADVANCE DECISION THEREON.

BY TRAVEL ORDER DATED APRIL 5, 1949, THE EMPLOYEE WAS ORDERED TO PROCEED FROM WASHINGTON, D.C., TO KAUAI, T.H., FOR PERMANENT DUTY, AND SHIPMENT OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER 9805 WAS AUTHORIZED THEREIN. PURSUANT TO SAID ORDERS, THE EMPLOYEE DEPARTED FROM WASHINGTON, D.C., ON APRIL 27, EN ROUTE TO HER NEW DUTY STATION. HOWEVER, HER EFFECTS-- WHICH HAD NOT BEEN SHIPPED FROM HER RESIDENCE, LOS ANGELES, CALIFORNIA, TO WASHINGTON, D.C., AT THE TIME OF HER ENTRY ON DUTY IN SEPTEMBER 1948--- EVIDENTLY WERE PLACED IN STORAGE AT OAKLAND, CALIFORNIA, ON MAY 16, 1949, AND REMAINED IN STORAGE UNTIL OCTOBER 1, 1949. IT WAS INTENDED THAT THE SAID EFFECTS WOULD BE PACKED AND CRATED AND THEN SHIPPED ON GOVERNMENT BILL OF LADING, BUT BECAUSE OF A SHIPPING STRIKE IN HAWAII, COMMERCIAL TRANSPORTATION WAS NOT IMMEDIATELY AVAILABLE. ACCORDINGLY, AS SOON AS IT BECAME APPARENT THAT THE HAWAIIAN DOCK STRIKE MIGHT CONTINUE FOR AN INDEFINITE PERIOD OF TIME, INSTRUCTIONS WERE ISSUED TO HAVE THE EFFECTS MOVED BY ARMY TRANSPORT; AND THEY WERE PICKED UP BY THE ARMY ON SEPTEMBER 27, 1949, AND FORWARDED IN THAT MANNER. THE ONLY QUESTION PRESENTED FOR CONSIDERATION IS WHETHER, UNDER SUCH CIRCUMSTANCES, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT OF STORAGE IN EXCESS OF THE 60-DAY LIMITATION PRESCRIBED IN SECTION 20 OF EXECUTIVE ORDER 9805, NOVEMBER 25, 1946.

THE SERVICES OF THE CLAIMANT, BEKINS VAN AND STORAGE COMPANY, WERE RENDERED IN ACCORDANCE WITH AN AUTHORIZATION ISSUED BY THE CHIEF, TRANSPORTATION BRANCH, CENTRAL INTELLIGENCE AGENCY, AND EVIDENTLY SUCH SERVICES WERE RENDERED IN GOOD FAITH AND WITHOUT KNOWLEDGE OF THE RESTRICTIVE PROVISIONS OF EXECUTIVE ORDER 9805. ACCORDINGLY, IF OTHERWISE CORRECT, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT. SEE, GENERALLY, SECTION 10 OF EXECUTIVE ORDER 9805, WITH RESPECT TO REFERENCE BEING MADE TO ANY PAYMENTS WHICH MAY HAVE BEEN MADE ON PREVIOUS VOUCHERS.

NEITHER THE GENERAL ACCOUNTING OFFICE NOR THE CENTRAL INTELLIGENCE AGENCY IS VESTED WITH AUTHORITY TO WAIVE THE 60-DAY STORAGE LIMITATION PERIOD PRESCRIBED IN THE APPLICABLE EXECUTIVE ORDER, NAMELY, EXECUTIVE ORDER 9805. IT FOLLOWS THAT THE ULTIMATE LIABILITY ATTACHES TO THE EMPLOYEE FOR THE STORAGE CHARGES INCURRED BEYOND THE ALLOWABLE 60-DAY PERIOD. APPROPRIATE STEPS SHOULD BE TAKEN ADMINISTRATIVELY TO COLLECT THE AMOUNT OF THE EXCESS PAYMENT FROM THE EMPLOYEE. WITH RESPECT TO TRANSFERS ORDERED ON OR AFTER JUNE 20, 1949, YOUR ATTENTION IS INVITED TO PUBLIC LAW 110, 81ST CONGRESS, 63 STAT. 209.