B-62864, FEBRUARY 3, 1947, 26 COMP. GEN. 550

B-62864, FEBRUARY 3, 1947, 26 COMP. GEN. 550

TRANSPORTATION OF HOUSEHOLD EFFECTS - RECENTRALIZATION OF AGENCIES AT WASHINGTON, D.C. - TEMPORARY STORAGE; SHIPMENT PRIOR TO STATUTORY AUTHORIZATION AND TRANSFER THE TERM "TEMPORARY STORAGE" USED IN EXECUTIVE ORDER NO. 9739, ISSUED IN CONNECTION WITH THE PROVISIONS OF THE SECOND DEFICIENCY APPROPRIATION ACT, 1946, FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES OF DECENTRALIZED AGENCIES, BUREAUS, ETC., UPON RETURN TO THE SEAT OF GOVERNMENT, WHICH TERM WAS NOT DEFINED AS TO WHERE SUCH STORAGE IS AUTHORIZED, MAY BE HELD TO HAVE THE MEANING OF THAT TERM AS DEFINED IN EXECUTIVE ORDER NO. 9805 PROMULGATED UNDER A SIMILAR STATUTE (THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946) AND, THEREFORE, TO INCLUDE TEMPORARY STORAGE AT POINT OF DEPARTURE AS PERMITTED UNDER SAID EXECUTIVE ORDER NO. 9805. EVEN THOUGH AN EMPLOYEE OF A DECENTRALIZED AGENCY, IN ANTICIPATION OF RETURN TO THE SEAT OF GOVERNMENT AND IN VIEW OF UNSETTLED HOUSING CONDITIONS, SHIPPED HIS HOUSEHOLD EFFECTS TO WASHINGTON, D.C., PRIOR TO THE DATE OF THE SECOND DEFICIENCY APPROPRIATION ACT, 1946, AUTHORIZING TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES OF DECENTRALIZED AGENCIES, BUREAUS, ETC., UPON RETURN TO THE SEAT OF GOVERNMENT, AND PRIOR TO RECEIPT OF ORDERS RETRANSFERRING HIS OFFICIAL STATION TO WASHINGTON, THE TRANSPORTATION MAY BE REGARDED AS HAVING A DIRECT RELATION TO, AND HAVING BEEN ACCOMPLISHED IN CONNECTION WITH, HIS RETURN TO WASHINGTON, SO AS TO AUTHORIZE REIMBURSEMENT FOR OTHERWISE PROPER EXPENSES OF TRANSPORTATION.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, FEBRUARY 3, 1947:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF DECEMBER 24, 1946, AS FOLLOWS:

IN CONNECTION WITH THE RETURN FROM RICHMOND, VA. TO WASHINGTON, D.C. OF THE PATENT OFFICE UNITS, WHICH WERE OFFICIALLY TRANSFERRED UNDER THE PROVISIONS OF PUBLIC LAW 384, 79TH CONGRESS, APPROVED MAY 18, 1946, AND EXECUTIVE ORDERS 8588-9122-9587 AND 9739, A LARGE GROUP OF EMPLOYEES OF THESE UNITS MAY EXPERIENCE FINANCIAL LOSSES SHOULD THE PHRASE "TEMPORARY STORAGE" AS CONTAINED IN EXECUTIVE ORDER 9739 BE INTERPRETED TO MEAN "STORAGE IN TRANSIT," AS USED INTARIFF NO. 20. THERE ARE RECITED BELOW THE FACTS INVOLVING TWO CASES WHICH ARE TYPICAL OF MANY OTHERS WHICH ARE AWAITING SETTLEMENT IN THE PATENT OFFICE.

MR. A. LOUIS MONACELL WAS ORDERED TRANSFERRED FROM RICHMOND, VA. TO WASHINGTON, D.C., HIS TRAVEL ORDER READING "EFFECTIVE ON OR ABOUT JAN. 15, 1946.' MR. MONACELL, UNABLE TO FIND LIVING QUARTERS IN WASHINGTON ON OR ABOUT JAN. 15, 1946, WAS COMPELLED TO PLACE HIS FURNITURE IN STORAGE IN RICHMOND AND ENTER INTO A CONTRACT FOR STORAGE ONLY, WITH THE W. G. COSBY TRANSFER AND STORAGE COMPANY OF JAN. 15, 1946 TO FEB. 15, 1946. AFTER SECURING LIVING QUARTERS INARLINGTON, VA., HE OBTAINED BIDS FOR THE TRANSPORTATION OF HIS FURNITURE. THE LOWEST BID WAS THAT OF THE BROOKS TRANSFER AND STORAGE COMPANY, A DIFFERENT COMPANY THAN THE COMPANY THEN HAVING POSSESSION OF HIS HOUSEHOLD GOODS, AND A GOVERNMENT BILL OF LADING WAS ISSUED TO THE BROOKS TRANSFER AND STORAGE COMPANY. IN THIS CASE, MR. MONACELL DID NOT OBTAIN WHAT IS TECHNICALLY CALLED "STORAGE IN TRANSIT" BUT MERELY OBTAINED BY HIS PERSONAL CONTRACT WITH THE W. G. COSBY COMPANY STORAGE OF HIS HOUSEHOLD GOODS FOR A TEMPORARY PERIOD, AND THUS MADE TWO SEPARATE CONTRACTS, ONE, PERSONALLY FOR TEMPORARY STORAGE, AND ONE TO WHICH THE GOVERNMENT WAS A PARTY AND WHICH WAS EFFECTED BY MEANS OF THE ISSUANCE OF A GOVERNMENT BILL OF LADING TO THE BROOKS TRANSFER AND STORAGE COMPANY.

IN CONSIDERING MR. MONACELL'S CASE, A CONFERENCE WAS HELD BETWEEN THE OFFICIALS OF THE PATENT OFFICE AND THOSE OF THE PUBLIC BUILDINGS ADMINISTRATION, WHICH INVOLVED THE DISCUSSION OF THE MEANING OF THE WORDS "TEMPORARY STORAGE" AS CONTAINED IN EXECUTIVE ORDER 9739, AND "STORAGE IN TRANSIT" AS USED IN TARIFF NO. 20.

ATTACHED HERETO IS A COPY OF A LETTER DATED DECEMBER 20, 1946, FROM THE ACTING CHIEF OF PROPERTY TRANSPORT SERVICE, FEDERAL WORKS AGENCY, PUBLIC BUILDINGS ADMINISTRATION, DIRECTED TO THE ASSISTANT COMMISSIONED OF PATENTS, CONFIRMING THEIR ATTITUDE TO THE EFFECT THAT THE PUBLIC BUILDING ADMINISTRATION WHO PREPARED EXECUTIVE ORDER 9739 IN COLLABORATION WITH THE BUREAU OF THE BUDGET, INTENDED TO PROVIDE FOR STORAGE IN CONNECTION WITH THE TRANSPORTATION OF HOUSEHOLD GOODS OF A TEMPORARY NATURE NOT TO EXCEED SIXTY DAYS, AND THAT IT WAS NOT INTENDED THAT SUCH TEMPORARY STORAGE SHOULD BE LIMITED TO SO-CALLED "STORAGE IN TRANSIT.'

AS MR. MONACELL DID NOT OBTAIN "STORAGE IN TRANSIT," HE RECEIVED A SEPARATE BILL FROM THE W. G. COSBY TRANSFER AND STORAGE COMPANY FOR STORAGE, AND DRAYAGE IN THE TOTAL AMOUNT OF $23.39, WHICH HAS BEEN PAID BY MR. MONACELL AND FOR WHICH HE IS NOW SEEKING REIMBURSEMENT.

A SECOND TYPICAL CASE INVOLVING TRANSPORTATION IS THAT OF MR. ADLAI COBLE, ALSO AN EMPLOYEE OF THE PATENT OFFICE. PRIOR TO RECEIPT OF HIS OFFICIAL TRAVEL ORDER, HE CONTRACTED WITH THE BROOKS TRANSFER AND STORAGE COMPANY FOR THE TRANSFER OF HIS HOUSEHOLD GOODS FROM RICHMOND, VA. TO WASHINGTON, D.C. ALTHOUGH MR. COBLE DID NOT RECEIVE HIS OFFICIAL TRAVEL ORDER UNTIL SEPT. 30, 1946, THE REMOVAL OF HIS HOUSEHOLD GOODS TOOK PLACE ON DECEMBER 28, 1945. IT APPEARS THAT FOR A PERIOD OF APPROXIMATELY TWO YEARS DURING WHICH THE PATENT OFFICE EMPLOYEES WERE LOCATED IN VIRGINIA, THERE WAS A CONSTANT STATE OF UNCERTAINTY REGARDING THEIR RETURN TO WASHINGTON. MR. COBLE, LIKE MANY OTHER PATENT OFFICE EMPLOYEES, FOUND IT DIFFICULT TO LOCATE HOMES IN RICHMOND, AS OWNERS OF REAL ESTATE WERE RELUCTANT TO ENTER INTO CONTRACTS WITH PATENT OFFICE EMPLOYEES, DUE TO NEWSPAPER ACCOUNTS OF THE REMOVAL OF THE PATENT OFFICE FROM RICHMOND TO WASHINGTON. THE PATENT OFFICE EMPLOYEES, BEING DEPRIVED OF PLACES TO LIVE IN RICHMOND AND IN SOME CASES FINDING OPPORTUNITIES TO BUY, RENT, OR REPOSSESS THEIR OWN RENTED HOUSES IN WASHINGTON, WERE FACED WITH THE PROBLEM OF MOVING TO WASHINGTON, PAYING THEIR OWN MOVING EXPENSES, AND HOPING THAT WHEN FINALLY OFFICIAL TRAVEL ORDERS WERE RECEIVED, TO BE REIMBURSED FOR THE MOVING EXPENSES WHICH THEY HAD BEEN FORCED TO MEET PERSONALLY.

THE TWO CASES CITED ABOVE ARE TYPICAL OF MANY CASES NOW PENDING IN THE PATENT OFFICE. THE PATENT OFFICE FEELS THAT THE EMPLOYEES IN THESE CASES SHOULD BE REIMBURSED FOR THE COST OF TRANSPORTATION OF THEIR EFFECTS FROM RICHMOND, VA. TO WASHINGTON, D.C., AS THOSE MOVES WERE NOT FOR THE CONVENIENCES OF THE EMPLOYEES BUT WERE OCCASIONED BY CIRCUMSTANCES DUE TO THE UNCERTAINTY OF THE REMOVAL OF THE PATENT UNIT AND THE PUBLICITY GIVEN THERETO. IN MANY CASES, EMPLOYEES WERE FORCED TO MOVE BY EVICTION AFTER COURT PROCEEDINGS AND AFTER FINDING OPPORTUNITIES TO SECURE LIVING QUARTERS IN WASHINGTON, WERE FORCED TO TAKE ADVANTAGE OF THOSE OPPORTUNITIES AND PAY THE COSTS OF THEIR MOVING EXPENSES IN THE HOPE THAT THEY MIGHT LATER BE REIMBURSED WHEN OFFICIAL TRAVEL ORDERS WERE ISSUED.

SINCE THE ISSUANCE OF EXECUTIVE ORDER 9739, MAY WE CALL YOUR ATTENTION TO THE RECENT EXECUTIVE ORDER 9805, DATED NOV. 25, 1946--- SECTION 1 (A), DEFINING "TEMPORARY STORAGE," READING AS FOLLOWS:

"TEMPORARY STORAGE" MEANS STORAGE AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION FOR NOT MORE THAN SIXTY DAYS.

IN ORDER TO AVOID THE SUBMISSION TO YOU FOR DIRECT SETTLEMENT OF ALL OF THESE CASES REFERRED TO ABOVE, THESE TWO TYPICAL CASES ARE BEING SUBMITTED FOR YOUR CONSIDERATION AND DECISION AS TO THE RIGHT OF THESE EMPLOYEES TO BE REIMBURSED FOR EXPENSES INVOLVING DRAYAGE, TEMPORARY STORAGE (NOT IN EXCESS OF 60 DAYS, AND NOT CONFINED TO "IN TRANSIT STORAGE" AS USED IN TARIFF NO. 20), AND TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, ALL INCURRED EITHER PRIOR OR SUBSEQUENT TO DATE OF ISSUANCE OF OFFICIAL TRAVEL ORDERS, AND WHICH ULTIMATELY WOULD HAVE BEEN NECESSARY BY REASON OF THE RECENTRALIZATION OF THE PATENT OFFICE UNITS IN WASHINGTON. YOUR DECISION IN THESE CASES WILL SERVE AS A GUIDE AS TO THE PROPER ACTION TO BE TAKEN IN THE REMAINDER OF REQUESTS FOR REIMBURSEMENT.

THERE IS ATTACHED THE PATENT OFFICE FILE IN REFERENCE TO THE ILLUSTRATIVE CASES REFERRED TO ABOVE, WHICH PLEASE RETURN WITH YOUR EARLY DECISION IN THE MATTER.

THE APPROPRIATION FOR " RETURN OF DEPARTMENTAL FUNCTIONS TO THE SEAT OF GOVERNMENT," CONTAINED IN THE SECOND DEFICIENCY APPROPRIATION ACT, 1946, PUBLIC LAW 384, APPROVED MAY 18, 1946, 60 STAT. 186, PROVIDES AS FOLLOWS:

* * * FOR ALL EXPENSES, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND TRAVEL AND OTHER EXPENSES OF THE PUBLIC BUILDINGS ADMINISTRATION INCIDENT THERETO, NECESSARY TO PROVIDE FOR THE TRANSFER TO THE SEAT OF GOVERNMENT OF SUCH BUREAUS, OFFICES, AGENCIES, OR ACTIVITIES OF THE FEDERAL GOVERNMENT AS ARE DESIGNATED FROM TIME TO TIME BY THE PRESIDENT, WHICH WERE REMOVED FROM, OR ESTABLISHED AT PLACES OTHER THAN, THE SEAT OF GOVERNMENT BY REASON OF THE NATIONAL EMERGENCY, INCLUDING THE EXPENSES OF TRAVEL OF EMPLOYEES TRANSFERRED, INCLUDING REIMBURSEMENT IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION AT NOT TO EXCEED FIVE CENTS PER MILE FOR TRAVEL PERFORMED IN A PRIVATELY OWNED AUTOMOBILE; TRANSPORTATION OF IMMEDIATE FAMILIES OF EMPLOYEES; THE EXPENSES OF PACKING, CRATING, DRAYAGE, TRANSPORTATION, TEMPORARY STORAGE, UNPACKING, AND UNCRATING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN AN AMOUNT NOT EXCEEDING SEVEN THOUSAND POUNDS IF UNCRATED AND EIGHT THOUSAND SEVEN HUNDRED AND FIFTY POUNDS IF CRATED, IN ACCORDANCE WITH REGULATIONS APPROVED BY THE PRESIDENT; AND THE PAYMENT TO EMPLOYEES OF SPECIAL ALLOWANCES AT $5 PER DAY AFTER ARRIVAL AT DESTINATION FOR SIX DAYS FOR EMPLOYEES, PLUS $2.50 PER DAY ADDITIONAL FOR SIX DAYS FOR EACH MEMBER OF IMMEDIATE FAMILIES OF EMPLOYEES; $495,020, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT REMOVAL TO THE SEAT OF GOVERNMENT OF GOVERNMENT-OWNED OR LEASED FURNITURE, EQUIPMENT, SUPPLIES, AND OTHER PROPERTY AND HOUSEHOLD GOODS AND PERSONAL EFFECTS OF EMPLOYEES, AND COSTS OF RESTORATION OF LEASED OFFICE SPACE WHEN REQUIRED, MAY BE ACCOMPLISHED WITHOUT REGARD TO SECTION 3709 OF THE REVISED STATUTES: PROVIDED FURTHER, THAT EMPLOYEES TRANSFERRED TO THE SEAT OF GOVERNMENT, IN ACCORDANCE WITH A DESIGNATION OF THE PRESIDENT AS HEREINBEFORE SET FORTH, BUT PRIOR TO THE APPROVAL OF THIS ACT, IN ADDITION TO PAYMENT OF TRANSPORTATION AND OTHER ALLOWANCES AUTHORIZED BY OTHER LAW IN CONNECTION WITH CHANGE OF STATION, SHALL BE ENTITLED TO THE SPECIAL ALLOWANCES HEREIN AUTHORIZED AND TO REIMBURSEMENT FOR TEMPORARY STORAGE AND EXCESS COSTS OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE LIMITS SPECIFIED HEREIN * * *.

BY EXECUTIVE ORDER 9739 OF JUNE 20, 1946, 11 F.R. 6957, THE PRESIDENT PROMULGATED THE FOLLOWING REGULATIONS WITH RESPECT TO THE MATTER OF STORAGE:

SECTION 2. THE MAXIMUM PERIOD FOR WHICH THE GOVERNMENT SHALL PAY THE EXPENSES OF TEMPORARY STORAGE OF SUCH PROPERTY SHALL BE SIXTY DAYS: PROVIDED, THAT THE TEMPORARY STORAGE FOR WHICH EXPENSES MAY BE PAID BY THE GOVERNMENT SHALL BE RESTRICTED TO STORAGE IN ONE WAREHOUSE ONLY: AND PROVIDED FURTHER, THAT EMPLOYEES TRANSFERRED TO THE SEAT OF GOVERNMENT IN ACCORDANCE WITH A DESIGNATION OF THE PRESIDENT AS PROVIDED BY THE SAID SECOND DEFICIENCY APPROPRIATION ACT, 1946, BUT PRIOR TO APPROVAL THEREOF SHALL BE PAID, IN ADDITION TO OTHER EXPENSES AND ALLOWANCES AUTHORIZED BY THE SAID ACT, THE EXPENSES FOR TEMPORARY STORAGE OF THEIR HOUSEHOLD EFFECTS AND PERSONAL EFFECTS, INCLUDING THE EXPENSES INCIDENT TO SUCH STORAGE, NOTWITHSTANDING THE FACT THAT SUCH EXPENSES MAY HAVE BEEN INCURRED WITHOUT COMPETITIVE BIDDING.

SECTION 3. WITH RESPECT TO THE SAID EMPLOYEES TRANSFERRED TO THE SEAT OF GOVERNMENT PRIOR TO APPROVAL OF THE SAID ACT, THE PROVISIONS OF THE ACT SHALL APPLY ONLY TO THOSE WHOSE POSITIONS WERE TRANSFERRED TO THE SEAT OF GOVERNMENT SUBSEQUENT TO OCTOBER 11, 1944.

IN A SUBSEQUENT EXECUTIVE ORDER, 9805, ISSUED NOVEMBER 25, 1946, PROMULGATING REGULATIONS WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS AS AUTHORIZED BY THE ADMINISTRATIVE EXPENSES ACT OF AUGUST 2, 1946, 60 STAT. 806, WHICH ACT AUTHORIZES, ALSO,"TEMPORARY STORAGE," THAT TERM WAS DEFINED AS FOLLOWS:

(E) "TEMPORARY STORAGE" MEANS STORAGE AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION FOR NOT MORE THAN SIXTY DAYS.

IN THE LIGHT OF THE INTENTION OF THE DRAFTERS OF THE EXECUTIVE ORDER ISSUED UNDER THE ACT OF MAY 18, 1946, SUPRA, IN RESPECT OF THE USE OF THE WORDS,"TEMPORARY STORAGE," AND AS THE TERM,"TEMPORARY STORAGE," WAS NOT DEFINED IN SAID EXECUTIVE ORDER, EXCEPT THAT IT WAS LIMITED TO ONE WAREHOUSE, THE DEFINITION GIVEN THAT TERM IN THE LATER ORDER UNDER A SIMILAR STATUTE MAY BE APPLIED TO THE STORAGE OF THE HOUSEHOLD EFFECTS OF MR. MONACELL.

IN THE CASE OF MR. ADLAI COBLE, REIMBURSEMENT WOULD HAVE BEEN AUTHORIZED IF BOTH THE TRANSFER OF OFFICIAL STATION AND THE TRANSPORTATION OF HOUSEHOLD EFFECTS HAD TAKEN PLACE PRIOR TO THE ACT OF MAY 18, 1946, SUPRA, OR IF BOTH HAD TAKEN PLACE AFTER THE DATE OF THE ACT. WHILE THE ACT DOES NOT COVER SPECIFICALLY A CASE WHERE THE GOODS WERE SHIPPED PRIOR TO THE DATE OF THE ACT, AND THE TRANSFER OF OFFICIAL STATION WAS NOT AUTHORIZED UNTIL AFTER THE DATE OF THE ACT, I FIND NOTHING IN SAID ACT REQUIRING THE CONCLUSION THAT THE SHIPMENT OF HOUSEHOLD EFFECTS MUST OCCUR AFTER THE TRANSFER OF THE EMPLOYEE OR SIMULTANEOUSLY THEREWITH. IN A SOMEWHAT SIMILAR CASE, IT WAS HELD IN 24 COMP. GEN. 558, QUOTING FROM THE SYLLABUS-

WHERE, PRIOR TO THE ISSUANCE OF FORMAL TRANSFER ORDERS, BUT IN CONTEMPLATION THEREOF, AN EMPLOYEE SHIPPED HIS HOUSEHOLD EFFECTS FROM HIS OFFICIAL STATION TO A PLACE WHERE HE WAS ON TEMPORARY DUTY PENDING A RECLASSIFICATION AND TRANSFER OF OFFICIAL STATION THERETO, THE SUBSEQUENT APPROVAL BY THE HEAD OF THE ESTABLISHMENT OF THE TRANSPORTATION ALREADY ACCOMPLISHED, TOGETHER WITH A SHOWING OF THE RELATIONSHIP BETWEEN THE SHIPMENT AND THE TRANSFER, MAY BE ACCEPTED AS MEETING THE APPROVAL REQUIREMENTS OF SECTION 1 OF THE UNIFORM TRANSPORTATION OF HOUSEHOLD EFFECTS REGULATIONS (EXECUTIVE ORDER NO. 8588), SO AS TO AUTHORIZE REIMBURSEMENT FOR OTHERWISE PROPER EXPENSES OF SUCH TRANSPORTATION.

SEE, ALSO, 25 COMP. GEN. 742.

AS THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF MR. COBLE UNDER THE CONDITIONS STATED IN YOUR SUBMISSION APPEARS TO HAVE HAD A DIRECT RELATION TO, AND TO HAVE BEEN ACCOMPLISHED IN CONNECTION WITH, HIS RETURN TO WASHINGTON, D.C., HE MAY BE REIMBURSED THEREFOR, IF THE CLAIM BE OTHERWISE CORRECT.