B-133425, OCT. 1, 1957

B-133425, OCT. 1, 1957

TO MRS. FLORENCE C. GOLSEN, AUTHORIZED CERTIFYING OFFICER, HOUSING AND HOME FINANCE AGENCY:

YOUR LETTER OF AUGUST 8, 1957, REQUESTS OUR DECISION WHETHER THE ENCLOSED VOUCHER IN FAVOR OF LOIS K. ALEXANDER MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER IN THE AMOUNT OF $105.95 REPRESENTS THE COST OF TRANSPORTATION AND STORAGE OF HER HOUSEHOLD EFFECTS INCIDENT TO AN OFFICIAL CHANGE OF PERMANENT DUTY STATION. YOUR DOUBT IN THE MATTER APPEARS TO BE WHETHER THERE HAS BEEN COMPLIANCE WITH THE REQUIREMENT OF EXECUTIVE ORDER 9805, THAT TRANSPORTATION OF HOUSEHOLD GOODS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER.

TRAVEL ORDER NO. 302, DATED DECEMBER 27, 1954, AUTHORIZED THE EMPLOYEE TO TRAVEL FROM WASHINGTON, D.C. TO NEW YORK, NEW YORK, FOR THE PURPOSE OF EFFECTING A CHANGE IN OFFICIAL STATION. THE ORDER ALSO AUTHORIZED TRANSPORTATION FOR HER MOTHER AND DAUGHTER AND THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS. THE TERMINATING DATE FOR THE AUTHORIZED TRAVEL OF THE EMPLOYEE IS SHOWN AS ON OR ABOUT JANUARY 10, 1955. INFORMAL INFORMATION RECEIVED FROM YOUR OFFICE IS THAT THE TIME AND ATTENDANCE REPORTS SHOW THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION ON JANUARY 10, 1955. THE VOUCHER AND THE BILL OF LADING SHOWS THAT THE MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS TO NEW YORK DID NOT BEGIN UNTIL JANUARY 15, 1957, OR MORE THAN TWO YEARS SUBSEQUENT TO THE EFFECTIVE DATE OF HER TRANSFER.

SECTION 5 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, READS, IN PERTINENT PART, AS FOLLOWS:

"TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE * * *.'

THE EFFECTIVE DATE OF TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE THE EMPLOYEE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. 26 COMP. GEN. 293; 28 ID. 285; 29 ID. 100. SINCE THE EMPLOYEE REPORTED FOR DUTY AT HER NEW OFFICIAL STATION ON JANUARY 10, 1955, HER TRANSFER WAS EFFECTIVE AT THAT DATE AND THE TWO YEAR TIME LIMIT PRESCRIBED BY THE QUOTED REGULATIONS EXPIRED ON JANUARY 10, 1957. IT IS CLEAR THAT THE TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS, WHICH DID NOT BEGIN UNTIL JANUARY 15, 1957, WAS NOT BEGUN WITHIN THE TIME PRESCRIBED BY THE QUOTED REGULATION WHICH HAS THE FORCE AND EFFECT OF LAW. THE REGULATION PROVIDES FOR NO EXCEPTION AND OUR OFFICE HAS NO AUTHORITY TO WAIVE ANY OF THE REQUIREMENTS IMPOSED BY IT. THEREFORE, SINCE THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS BEGAN MORE THAN TWO YEARS AFTER THE EMPLOYEE ENTERED UPON DUTY AT HER NEW OFFICIAL STATION, NO AUTHORITY EXISTS FOR THE MOVEMENT OF HER HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

REGARDING THE CLAIM FOR EXPENSES OF TEMPORARY STORAGE WE ARE INFORMED BY THE BELL MOVING AND STORAGE COMPANY THAT THE HOUSEHOLD GOODS WERE PICKED UP ON JANUARY 15, 1957, AND PLACED IN LOCAL STORAGE FOR A PERIOD OF SEVEN MONTHS BEFORE SHIPMENT TO NEW YORK. THE TWO YEAR LIMITATION PERIOD ON TRANSPORTATION DOES NOT EXPRESSLY APPLY TO THE TEMPORARY STORAGE OF HOUSEHOLD GOODS, BUT SINCE, UNDER PUBLIC LAW 600 AND THE APPLICABLE EXECUTIVE ORDERS, THE TEMPORARY STORAGE OF SUCH GOODS IS AUTHORIZED AS INCIDENT TO A TRANSFER OF STATION, WE BELIEVE IT REASONABLE TO CONCLUDE THAT EXPENSES INCURRED FOR GOODS PLACED IN TEMPORARY STORAGE IS BY ANALOGY SUBJECT TO THE SAME LIMITATION AND IF THE TWO-YEAR PERIOD HAS ELAPSED BEFORE THE GOODS ARE PLACED IN STORAGE THE COST THEREOF MAY NOT BE REIMBURSED BY THE GOVERNMENT.

ACCORDINGLY, THE VOUCHER, AND RELATED PAPERS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.