B-14917, MARCH 27, 1941, 20 COMP. GEN. 568

B-14917, MARCH 27, 1941, 20 COMP. GEN. 568

TRANSPORTATION - HOUSEHOLD EFFECTS - CIVILIAN EMPLOYEES THE DEFINITION OF "OFFICIAL STATION" IN PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SHOULD BE APPLIED IN DETERMINING GOVERNMENT EMPLOYEES' RIGHTS WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF OFFICIAL STATION IN THE ABSENCE OF A DEFINITION OF "OFFICIAL STATION" IN THE ACT OF OCTOBER 10, 1940, OR UNIFORM REGULATIONS ISSUED BY THE PRESIDENT PURSUANT THERETO ( EXECUTIVE ORDER NO. 8588 OF NOVEMBER 7, 1940). WHERE THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF AN EMPLOYEE AT GOVERNMENT EXPENSE UPON CHANGE OF OFFICIAL STATION INVOLVES DRAYAGE OR TRANSPORTATION FROM OR TO THE EMPLOYEE'S HOME BEYOND THE CORPORATE LIMITS OF EITHER THE OLD OR NEW OFFICIAL STATION, ANY EXCESS CHARGE FOR DRAYAGE OR TRANSPORTATION BEYOND THE CORPORATE LIMITS OF EITHER OFFICIAL STATION MUST BE BORNE BY THE EMPLOYEE. UNDER SECTION 11 OF EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940, THE AMOUNT ALLOWABLE FOR TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD EFFECTS FROM A POINT OTHER THAN HIS LAST OFFICIAL STATION IS LIMITED TO THE COST FROM THE LAST OFFICIAL STATION TO THE NEW, AND WHERE COST OF SHIPMENT FROM A POINT OTHER THAN LAST STATION EXCEEDS THAT FROM LAST STATION TO NEW, SHIPMENT SHOULD NOT BE MADE ON A GOVERNMENT BILL OF LADING, BUT THE EMPLOYEE SHOULD ASSUME RESPONSIBILITY FOR SHIPMENT AND FILE A CLAIM FOR THE AMOUNT PAYABLE BY THE GOVERNMENT. UNDER SECTION 12 OF EXECUTIVE ORDER NO. 8588 DATED NOVEMBER 7, 1940, AN EMPLOYEE WHOSE HOUSEHOLD EFFECTS ARE AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE HAS A PERIOD OF 6 MONTHS WITHIN WHICH TO BEGIN THE SHIPMENT, AND IF HIS STATION IS CHANGED TWICE WITHIN 6 MONTHS AND THE SECOND CHANGE OCCURRED BEFORE HIS EFFECTS WERE SHIPPED FROM THE FIRST STATION, THE EFFECTS MAY BE SHIPPED FROM THE FIRST TO THE THIRD STATION AT GOVERNMENT EXPENSE, EVEN THOUGH THE COST OF TRANSPORTATION IS GREATER FROM THE FIRST STATION THAN FROM THE INTERMEDIATE STATION. UNDER SECTION 12 OF EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940, SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS MUST BEGIN WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF HIS TRANSFER, AND THE TIME THE CARRIER RECEIVE THE GOODS WITH AN ORDER TO FORWARD THEM MAY BE CONSIDERED THE BEGINNING OF SHIPMENT WITHIN THE MEANING OF THIS SECTION.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, MARCH 27, 1941:

I HAVE YOUR LETTER OF MARCH 11, 1941, AS FOLLOWS:

PURSUANT TO THE AUTHORITY GRANTED IN THE ACT OF OCTOBER 10, 1940, PUBLIC, NO. 839, 76TH CONGRESS, THE PRESIDENT, ON NOVEMBER 7, 1940, ISSUED EXECUTIVE ORDER NO. 8588, PRESCRIBING THE RULES AND REGULATIONS TO GOVERN THE ALLOWANCE AND PAYMENT FROM GOVERNMENT FUNDS OF EXPENSES AUTHORIZED BY LAW FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.

YOUR DECISION IS RESPECTFULLY REQUESTED ON THE FOLLOWING QUESTIONS WHICH HAVE ARISEN IN THE APPLICATION OF THE ACT AND EXECUTIVE ORDER.

1. UNDER THE PROCEDURE FOLLOWED IN THIS DEPARTMENT PRIOR TO THE PASSAGE OF THE ACT, THE TERM ,OFFICIAL STATION" WAS CONSTRUED AS INCLUDING A SUBURB OF A CITY IN WHICH AN EMPLOYEE'S HEADQUARTERS WAS LOCATED, OR ANY POINT AT WHICH AN EMPLOYEE MAINTAINED HIS RESIDENCE AND COMMUTED DAILY TO THE PLACE WHERE DUTY WAS PERFORMED. MAY THE SAME CONSTRUCTION BE APPLIED TO THE TERM ,OFFICIAL STATION" AS CONTAINED IN THE PRESENT ACT?

2. SECTION 11 OF THE EXECUTIVE ORDER INDICATES THAT SHIPMENT MAY BE FROM THE LAST OFFICIAL STATION, OR FROM SOME PREVIOUS PLACE OF RESIDENCE, OR PARTIALLY FROM BOTH, PROVIDED THAT THE EXPENSES PAYABLE SHALL IN NO CASE EXCEED THE COST OF SHIPMENT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. ARE WE, BY THE TERMS OF THIS SECTION, PROHIBITED FROM MOVING THE GOODS OF AN EMPLOYEE FROM A PREVIOUS PLACE OF RESIDENCE IF THE COST THEREOF EXCEEDS THAT WHICH WOULD HAVE BEEN INCURRED FROM THE LAST OFFICIAL STATION, OR MAY WE MOVE THE GOODS REGARDLESS OF THE AMOUNT IN EXCESS, PROVIDED COLLECTION IS MADE FROM THE EMPLOYEE FOR THE EXCESS AMOUNT IMMEDIATELY UPON COMPLETION OF THE MOVE?

3. IF AN EMPLOYEE IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, THE TRANSFER OF HIS HOUSEHOLD EFFECTS BEING AUTHORIZED, BUT PRIOR TO THE TIME THE GOODS CAN BE MOVED AND BEFORE THE TIME LIMIT HAS EXPIRED, THE EMPLOYEE IS TRANSFERRED TO A THIRD POINT MORE DISTANT FROM THE FIRST, THE TRANSFER OF HOUSEHOLD EFFECTS AGAIN BEING AUTHORIZED, MAY THE GOVERNMENT PAY THE FULL COST OF TRANSPORTING THE GOODS DIRECTLY FROM THE FIRST OFFICIAL STATION TO THE THIRD, OR MUST THE FIRST STATION NOW BE CONSIDERED HIS PREVIOUS PLACE OF RESIDENCE AND ONLY THE COST FROM THE SECOND TO THE THIRD OFFICIAL STATIONS BE ALLOWED?

4. IN APPLYING THE TIME LIMIT SPECIFIED IN SECTION 12 OF THE EXECUTIVE ORDER, WHAT INTERPRETATION IS TO BE PLACED ON THE PHRASE "ALL SHIPMENTS * * * SHALL BEGIN," THAT IS, DOES THE SHIPMENT BEGIN WITH THE ISSUANCE OF BIDS, AWARD OF CONTRACT, ISSUANCE OF PURCHASE ORDER, OR PICK-UP BY THE CARRIER?

YOUR EARLY CONSIDERATION OF THESE QUESTIONS WILL BE APPRECIATED.

THE QUESTIONS WILL BE ANSWERED IN THE ORDER PRESENTED.

QUESTION NO. 1

NOWHERE IN THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, OR IN THE PRESIDENT'S UNIFORM REGULATIONS OF NOVEMBER 7, 1940, ISSUED PURSUANT THERETO ( EXECUTIVE ORDER NO. 8588) DOES THERE APPEAR A DEFINITION OF THE TERM,"OFFICIAL STATION.' PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (APPROVED BY THE PRESIDENT), APPLICABLE TO OFFICIAL TRAVEL PERFORMED BY OFFICERS AND EMPLOYEES OF THE GOVERNMENT UPON THEIR TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, PROVIDES AS FOLLOWS:

OFFICIAL STATION--- POST OF DUTY.--- DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED, BUT IF NOT STATIONED IN AN INCORPORATED CITY OR TOWN, THE OFFICIAL STATION IS THE RESERVATION, STATION, OR ESTABLISHED AREA, OR, IN THE CASE OF LARGE RESERVATIONS, THE ESTABLISHED SUBDIVISION THEREOF HAVING DEFINITE BOUNDARIES WITHIN WHICH THE DESIGNATED POST OF DUTY IS LOCATED, BUT IN NO CASE SHALL A PLACE WITHIN 2 MILES OF A TRAVELER'S OFFICE OR LIVING QUARTERS BE CONSIDERED AS AWAY FROM HIS POST OF DUTY.

IN THE ABSENCE OF A DEFINITION OF THE TERM,"OFFICIAL STATION," FOR THE PURPOSES OF TRANSPORTATION OF HOUSEHOLD EFFECTS UPON CHANGE OF OFFICIAL STATION FOR PERMANENT DUTY, THE DEFINITION OF "OFFICIAL STATION" SUPRA, FOR THE PURPOSES (AMONG OTHERS) OF OFFICIAL TRAVEL UPON CHANGE OF OFFICIAL STATION, INCIDENT TO WHICH CHANGE OF OFFICIAL STATION AUTHORITY MAY EXIST FOR TRANSPORTATION OF HOUSEHOLD EFFECTS, IS PECULIARLY APPOSITE, AND ITS USE, IMPELLING HERE.

IN DECISION OF DECEMBER 16, 1940, 20 COMP. GEN. 315, 317, INVOLVING THE USE OF TAXICABS AT THE OFFICIAL STATION OF EMPLOYEES INCIDENT TO OFFICIAL TRAVEL, IT WAS STATED:

AS A PRACTICAL MATTER, THE EMPLOYEE IS PERMITTED TO START HIS OFFICIAL TRIP FROM HIS HOME WHEN IT IS UNNECESSARY FOR HIM FIRST TO REPORT TO HIS OFFICE, BUT THERE IS NOT INTENTION MANIFESTED BY THE REGULATION OR OTHERWISE TO REIMBURSE AN EMPLOYEE FOR THE EXCESS COST OF TRANSPORTATION FROM HIS HOME LOCATED OUTSIDE THE CORPORATE LIMITS OF HIS OFFICIAL STATION FOR THE DISTANCE TRAVELED OUTSIDE SUCH LIMITS. THIS IS A PERSONAL EXPENSE HE IS REQUIRED TO BEAR, WHETHER REPORTING TO HIS OFFICE, OR WHETHER BEGINNING OR ENDING AN OFFICIAL TRIP AWAY FROM HIS OFFICIAL STATION. WHEN, AS HERE, AN OFFICER OR EMPLOYEE ELECTS TO RESIDE AT A PLACE BEYOND THE CORPORATE BOUNDARIES OF HIS OFFICIAL STATION AND TO WHICH THE TAXICAB RATES ESTABLISHED BY COMPETENT AUTHORITY FOR TRAVEL WITHIN THE BOUNDARIES OF THE OFFICIAL STATION ARE NOT APPLICABLE, NO SOUND REASON IS PERCEIVED WHY, BECAUSE OF THAT ELECTION, THE GOVERNMENT SHOULD BEAR THE COST OF TRAVEL FROM HIS HOME TO THE LIMITS OF HIS OFFICIAL STATION SIMPLY BECAUSE HE BEGINS AN OFFICIAL TRIP FROM HIS HOME--- SUCH COST IN THE USUAL COURSE OF BUSINESS BEING, AS HEREINBEFORE INDICATED, ONE REQUIRED TO BE BORNE BY HIM WHEN REPORTING TO HIS DUTY STATION AND THUS NOT BEING ONE CONSTITUTING ANY ADDITIONAL BURDEN UPON HIM WHEN HE BEGINS AN OFFICIAL TRIP FROM HOME. IN SUCH CASES THE AMOUNT TO BE REIMBURSED AS TAXICAB FARE CANNOT EXCEED THE MAXIMUM FARE USUALLY AND LAWFULLY CHARGEABLE TO OR FROM A POINT WITHIN THE MUNICIPALITY IN WHICH THE EMPLOYEE'S OFFICIAL STATION IS LOCATED.

THE UNDERLYING PRINCIPLE ON WHICH SAID DECISION WAS BASED APPEARS EQUALLY APPLICABLE HERE IN DETERMINING RIGHTS WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO TRANSFER OF OFFICIAL STATIONS.

SECTION 4 OF THE UNIFORM REGULATIONS OF NOVEMBER 7, 1940, PROVIDES AS FOLLOWS:

ALLOWANCES FOR DRAYAGE.--- THE ACTUAL COSTS OF DRAYAGE TO AND FROM THE COMMON CARRIER SHALL BE ALLOWED: PROVIDED, THAT IN NO CASE SHALL COSTS OF DRAYAGE BE ALLOWED WHERE DOOR-TO-DOOR COMMON CARRIER RATES ARE APPLICABLE. IN THE LIGHT OF THE FOREGOING, THE ALLOWANCE FOR DRAYAGE AUTHORIZED BY THIS SECTION OF THE REGULATIONS APPEARS PROPERLY FOR REGARDING AS BEING APPLICABLE ONLY FOR THE DISTANCE FROM OR TO AN EMPLOYEE'S HOME WITHIN THE CORPORATE LIMITS OF HIS OLD OR NEW OFFICIAL STATION, TO OR FROM THE TERMINAL OF THE COMMON CARRIER. ACCORDINGLY, ANY EXCESS CHARGE FOR DRAYAGE BEYOND THE CORPORATE LIMITS OF EITHER OFFICIAL STATION MUST BE BORNE BY THE EMPLOYEE. OF COURSE, WHERE TRANSPORTATION IS BY VAN OR OTHERWISE FROM DOOR TO DOOR AND THE COST OF TRANSPORTATION FROM AND TO THE HOME OF THE EMPLOYEE OUTSIDE THE CORPORATE LIMITS OF EITHER OFFICIAL STATION IS NO GREATER THAN WOULD HAVE BEEN CHARGED TO A PLACE WITHIN THE CORPORATE LIMITS, PAYMENT OF THE TOTAL AMOUNT WOULD BE AUTHORIZED. HOWEVER, WHERE IN ANY CASE INVOLVING TRANSPORTATION FROM DOOR TO DOOR EITHER BY VAN OR BY THE PICK UP AND DELIVERY SERVICE INCIDENT TO THE SERVICE OF A COMMON CARRIER, A GREATER CHARGE IS MADE FOR TRANSPORTATION TO THE HOME OF THE EMPLOYEE BEYOND THE CORPORATE LIMITS OF EITHER OFFICIAL STATION THAN WOULD HAVE BEEN CHARGED FOR THE SAME SERVICE FROM OR TO A POINT WITHIN THE CORPORATE LIMITS, THE EXCESS CHARGE MUST BE BORNE BY THE EMPLOYEE.

QUESTION NO. 2

SECTION 11 OF THE UNIFORM REGULATIONS OF NOVEMBER 7, 1940, READS, IN PART, AS FOLLOWS:

SHIPMENT FROM POINT OTHER THAN LAST OFFICIAL STATION.--- THE EXPENSES OF TRANSPORTATION ALLOWABLE HEREUNDER SHALL BE PAYABLE WHETHER THE SHIPMENT IS FROM THE LAST OFFICIAL STATION OF THE EMPLOYEE TO THE NEW ONE, OR FROM SOME PREVIOUS PLACE OF RESIDENCE OF THE EMPLOYEE TO THE NEW OFFICIAL STATION, OR PARTIALLY FROM BOTH: PROVIDED, THAT THE EXPENSES PAYABLE SHALL IN NO CASE EXCEED THE COSTS OF SHIPMENT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW: * * *

IN DECISION OF NOVEMBER 2, 1939, 19 COMP. GEN. 476, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE GOVERNMENT'S OBLIGATION IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD EFFECTS OF AN INTERSTATE COMMERCE COMMISSION EMPLOYEE FROM HIS SECOND LAST STATION TO HIS NEW STATION, IS LIMITED UNDER THE APPLICABLE APPROPRIATION AND REGULATIONS, TO THE COST OF SHIPMENT FROM THE LAST TO THE NEW STATION AND HENCE THE SHIPMENT FROM THE SECOND LAST STATION TO THE NEW STATION AT A GREATER COST SHOULD NOT BE MADE ON A GOVERNMENT BILL OF LADING, THE PROPER PROCEDURE BEING FOR THE EMPLOYEE TO PAY FOR THE PACKING AND CRATING OF THE EFFECTS AND FOR THEIR SHIPMENT ON COMMERCIAL BILL OF LADING AND THEN SUBMIT A CLAIM FOR THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT TO MOVE THE EFFECTS FROM THE LAST STATION TO THE NEW STATION INCLUDING THE AMOUNT OF CHARGES FOR PACKING AND CRATING AT THE SECOND LAST STATION NOT IN EXCESS OF THE AMOUNT IT WOULD HAVE COST FOR THE SAME SERVICE AT THE LAST STATION.

AS THE TERMS OF SECTION 11 OF THE UNIFORM REGULATIONS ARE SIMILAR TO THE TERMS OF THE ADMINISTRATIVE REGULATIONS CONSIDERED IN SAID DECISION, THE RULE STATED IN SAID DECISION IS FOR APPLICATION HERE. THEREFORE, IN ANY CASE WHERE THE SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN EMPLOYEE IS TO BE MADE FROM A PLACE OTHER THAN THE LAST OFFICIAL STATION OF THE EMPLOYEE TO THE NEW STATION AT A COST GREATER THAN THAT FROM THE LAST OFFICIAL STATION TO THE NEW, THE SHIPMENT SHOULD NOT BE MADE ON A GOVERNMENT BILL OF LADING BUT RATHER, THE EMPLOYEE SHOULD ASSUME RESPONSIBILITY FOR THE SHIPMENT AND FILE A CLAIM FOR THE AMOUNT PAYABLE BY THE GOVERNMENT.

QUESTION NO. 3

SECTION 12 OF THE UNIFORM REGULATIONS DATED NOVEMBER 7, 1940, PROVIDES AS FOLLOWS:

TIME LIMIT.--- ALL SHIPMENTS ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE UNLESS AN EXTENSION IS SPECIFICALLY GRANTED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT: PROVIDED, THAT IN NO CASE SHALL PAYMENT BE ALLOWABLE FOR SHIPMENTS BEGUN AFTER TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER.

THUS, AN EMPLOYEE WHOSE HOUSEHOLD GOODS, ETC., ARE AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE HAS, UNDER THE REGULATION, SUPRA, A PERIOD OF 6 MONTHS WITHIN WHICH TO BEGIN THE SHIPMENT THEREOF. THERE APPEARS NOTHING IN THE REGULATIONS THAT WOULD EXPRESSLY PRECLUDE THE GOVERNMENT FROM PAYING THE FULL COST OF TRANSPORTING THE GOODS DIRECTLY FROM THE FIRST TO THE THIRD OFFICIAL STATION, UNDER THE CIRCUMSTANCES STATED IN THIS QUESTION, AND WITHIN THE LIMITATIONS OF THE LAW AND REGULATIONS--- THE PROVISIONS OF SECTION 11 OF THE REGULATIONS APPEARING TO HAVE NO APPLICATION TO A SITUATION SUCH AS THIS.

QUESTION NO. 4

IN APPLYING THE WORDS,"SHIPMENTS * * * SHALL BEGIN," APPEARING IN SECTION 12 OF THE REGULATIONS QUOTED IN ANSWER TO QUESTION NO. 3, IT IS BELIEVED PROPER TO COMPUTE THE BEGINNING OF THE SIX-MONTH'S PERIOD FROM THE TIME COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT, NAMELY, THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION.