B-147332, DECEMBER 12, 1961, 41 COMP. GEN. 402

B-147332, DECEMBER 12, 1961, 41 COMP. GEN. 402

STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - TEMPORARY - TIME AN EXTENSION OF TIME FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES INCIDENT TO THE TRANSPORTATION OF EFFECTS BETWEEN PERMANENT DUTY STATIONS BEYOND THE 6-MONTH LIMITATION, WHICH HAS BEEN THE CEILING FOR MANY YEARS AND OF WHICH CONGRESS IS AWARE, CANNOT BE REGARDED AS IN CONSONANCE WITH THE CONCEPT OF "TEMPORARY" AS USED IN THE STATUTE AND REGULATIONS AND, THEREFORE, AN EXTENSION OF TIME FOR AN ADDITIONAL PERIOD IS NOT AUTHORIZED IN THE ABSENCE OF A FURTHER EXPRESSION OF CONGRESSIONAL INTENT.

TO THE SECRETARY OF THE ARMY, DECEMBER 12, 1961:

REFERENCE IS MADE TO LETTER OF AUGUST 17, 1961, FROM THE UNDER SECRETARY OF THE ARMY REQUESTING A DECISION AS TO WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE TEMPORARY STORAGE OF HOUSEHOLD GOODS FOR MORE THAN 180 DAYS. THE REQUEST WAS ASSIGNED CONTROL NO. 61-12 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

PARAGRAPH 8100-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WILL BE ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS. WHEN, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, HOUSEHOLD GOODS IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE CANNOT BE WITHDRAWN DURING THE FIRST 90 DAYS, FURTHER STORAGE MAY BE AUTHORIZED OR APPROVED FOR AN ADDITIONAL 90 DAYS BASED ON THE MEMBER'S STATEMENT OF NEED FOR SUCH ADDITIONAL STORAGE. SEVEN REASONS ARE SET FORTH IN THE REGULATIONS AS BEING AMONG THOSE FOR WHICH ADDITIONAL STORAGE MAY BE AUTHORIZED OR APPROVED. IN THE UNDER SECRETARY'S LETTER IT IS SAID THAT THE 180-DAY CEILING HAS BEEN FOUND SATISFACTORY IN THE MAJORITY OF CASES BUT UNSATISFACTORY IN SITUATIONS IN WHICH THE MEMBER, THROUGH CIRCUMSTANCES BEYOND HIS CONTROL, IS UNABLE TO ACCEPT HIS HOUSEHOLD GOODS WITHIN THE PERIOD IMPOSED BY THE 180-DAY CEILING.

SECTION 205 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860, 37 U.S.C. 253, AMENDED SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, TO PROVIDE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE UNDER UNIFORM REGULATIONS APPROVED BY THE PRESIDENT WHEN NECESSARY INCIDENT TO THE TRANSPORTATION OF SUCH EFFECTS UPON CHANGE OF STATION. SEE 32 COMP. GEN. 410. IN LINE WITH THE PURPOSE OF THE STATURE, PARAGRAPH 7 OF EXECUTIVE ORDER NO. 10053, THE STATUTORY REGULATIONS, EFFECTIVE FEBRUARY 1, 1949, RESTRICTED THE TEMPORARY STORAGE TO CASES WHERE SUCH STORAGE WAS REQUIRED BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER AND PROVIDED, IN PERTINENT PART, THAT:

* * * TEMPORARY STORAGE AT GOVERNMENT EXPENSE WILL NOT EXCEED A TOTAL OF SIX MONTHS IN CONNECTION WITH ONE PERMANENT CHANGE OF STATION AND MUST ACCRUE DURING ANY ONE OR COMBINATION OF THE FOLLOWING PERIODS:

(A) AFTER PICK-UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN.

(B) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED.

(C) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.

(2) EXCESS COSTS.--- STORAGE COSTS * * * FOR TIME IN EXCESS OF SIX MONTHS WILL BE BORNE BY THE OWNER. * * *

(3) NOTATION ON PAYMENT VOUCHER.--- VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT SUCH STORAGE IS NECESSARY.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WAS REPEALED BY SECTION 531 (C) (12) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 840, AND ITS HOUSEHOLD EFFECTS TRANSPORTATION PROVISIONS INCLUDING THE PROVISION FOR TEMPORARY STORAGE INCIDENT TO SUCH TRANSPORTATION WERE REENACTED WITHOUT SUBSTANTIVE CHANGE AS A PART OF SECTION 303 (C) OF THE 1949 ACT. THE INITIAL REGULATIONS PROMULGATED PURSUANT TO THE CAREER COMPENSATION ACT, 37 U.S.C. 253 (C), RELATING TO TEMPORARY STORAGE, PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS, RESTATED THE ABOVE- QUOTED PROVISIONS OF EXECUTE ORDER NO. 10053, INCLUDING THE 6-MONTH LIMITATION ON TEMPORARY STORAGE AND THE REQUIREMENT OF A CERTIFICATE OF NECESSITY. SUBSEQUENTLY, THE REGULATIONS (PRESENTLY APPEARING IN PARAGRAPH 8100 OF THE JOINT TRAVEL REGULATIONS) WERE CHANGED TO AUTHORIZE TEMPORARY STORAGE FOR A PERIOD OF 90 DAYS WITHOUT THE NEED FOR ANY SHOWING OF NECESSITY AND TO AUTHORIZE A FURTHER 90-DAY PERIOD OF STORAGE UPON A SHOWING OF NECESSITY. ASIDE FROM THIS DIVISION INTO TWO PERIODS OF 90 DAYS EACH, HOWEVER, THE 6-MONTH LIMITATION ON TEMPORARY STORAGE HAS REMAINED UNCHANGED SINCE THE INITIAL REGULATIONS WERE PROMULGATED.

WHILE THE STATUTE DOES NOT SPECIFICALLY SET FORTH A DEFINITE PERIOD FOR WHICH TEMPORARY STORAGE MAY BE AUTHORIZED, THE WORD "TEMPORARY" IN ITS GENERALLY ACCEPTED SENSE CONNOTES A SHORT TIME AND WHAT IS REASONABLY IMPLIED IN A STATUTE IS AS MUCH A PART OF IT AS WHAT IS EXPRESSED. DILLION V. GLOSS, 256 U.S. 368, 373. ACCORDINGLY, HAVING IN MIND THAT TEMPORARY STORAGE IS PROVIDED ONLY AS AN INCIDENT TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS BETWEEN PERMANENT STATIONS AND THAT OTHER STORAGE NEEDS ARE PROVIDED FOR BY THE NONTEMPORARY STORAGE PROVISIONS OF THE LAW AND REGULATIONS, IT IS DOUBTFUL THAT A PERIOD IN EXCESS OF 6 MONTHS, OR THE SUBSTANTIALLY SIMILAR PERIOD OF 180 DAYS AS PRESENTLY AUTHORIZED, COULD REASONABLY BE CONSIDERED AS TEMPORARY WITHIN THE CONTEMPLATION OF THE STATUTE. IN THIS REGARD ANY TIME LIMITATION ON THE AVAILABILITY OF A BENEFIT MAY SEEM TO BE SOMEWHAT INEQUITABLE IN THAT THERE WILL ALWAYS BE SOME INDIVIDUALS WHO, BECAUSE OF CIRCUMSTANCES BEYOND THEIR CONTROL, WILL BE DENIED THE BENEFIT BECAUSE OF THE LIMITATION. HOWEVER, CONGRESS PRESUMABLY IS AWARE OF THIS SITUATION WHENEVER IT IMPOSES SUCH A LIMITATION, AND WE DO NOT BELIEVE IT AFFORDS A BASIS FOR DEPARTING IN THIS CASE FROM THE LONGSTANDING ADMINISTRATIVE APPLICATION OF THE LIMITATION.

IN SUCH CIRCUMSTANCES AND SINCE THE 6-MONTH LIMITATION HAS STOOD WITHOUT CHANGE FOR OVER 11 YEARS, WE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT A LONGER PERIOD OF TEMPORARY STORAGE MAY BE AUTHORIZED WITHOUT SOME FURTHER EXPRESSION OF CONGRESSIONAL INTENT IN THE MATTER.