B-75797, JUNE 15, 1948, 27 COMP. GEN. 753

B-75797, JUNE 15, 1948, 27 COMP. GEN. 753

TEMPORARY STORAGE OF HOUSEHOLD EFFECTS THE PROVISIONS OF SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, RETROACTIVELY EFFECTIVE TO JULY 1, 1947, AUTHORIZING, IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT AT THE COMMUTED RATES PRESCRIBED THEREIN FOR EXPENSE OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AT NOT TO EXCEED THE ACTUAL AMOUNT PAID BY THE EMPLOYEE, ARE FOR APPLICATION ONLY IN THOSE CASES WHERE THE ORDER DIRECTING THE TRAVEL WAS ISSUED ON OR AFTER JULY 1, 1947. UNDER SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, AUTHORIZING REIMBURSEMENT ON A COMMUTED BASIS AT NOT TO EXCEED THE ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, REIMBURSEMENT SHOULD BE MADE FOR THE ACTUAL EXPENSES OF TEMPORARY STORAGE FOR THE FIRST 60 DAYS AND OTHER NECESSARY EXPENSES INCIDENTAL THERETO OR ARISING SOLELY FROM THE STORAGE, INCLUDING THE EXPENSES OF MOVING THE EFFECTS TO AND FROM STORAGE, IT BEING IMMATERIAL WHETHER THE COST OF FINAL DRAYAGE FROM STORAGE TO RESIDENCE WAS INCURRED SUBSEQUENT TO THE EXPIRATION OF THE AUTHORIZED 60-DAY STORAGE PERIOD.

COMPTROLLER GENERAL WARREN TO L. H. PERKINS, DEPARTMENT OF LABOR, JUNE 15, 1948:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 1, 1948, TRANSMITTING A VOUCHER IN FAVOR OF LOUIS WEINER, SENIOR ATTORNEY, OFFICE OF THE SOLICITOR, DEPARTMENT OF LABOR, IN THE AMOUNT OF $139.48, OF WHICH $80 COVERS REIMBURSEMENT AT A COMMUTED RATE FOR TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS IN PHILADELPHIA, PENNSYLVANIA, FROM JULY 1 TO AUGUST 31, 1947, AND $59.48 OF WHICH COVERS THE ACTUAL COST OF MOVING THE GOODS FROM STORAGE TO HIS PERMANENT RESIDENCE ON SEPTEMBER 24, 1947. THE CLAIM FOR REIMBURSEMENT OF STORAGE IS BASED UPON THE PROVISIONS OF EXECUTIVE ORDER 9805, AS AMENDED BY EXECUTIVE ORDER 9933, DATED FEBRUARY 27, 1948, RETROACTIVELY EFFECTIVE TO JULY 1, 1947, AND THE CLAIM FOR HAULING THE GOODS FROM STORAGE TO HIS PERMANENT RESIDENCE APPARENTLY IS IN ADDITION THERETO.

BY TRAVEL ORDER 47-0787 DATED MAY 7, 1947, THE CLAIMANT WAS DIRECTED TO PROCEED ON MAY 12 FROM WASHINGTON, D.C., TO PHILADELPHIA, PENNSYLVANIA, FOR THE PURPOSE OF EFFECTING A PERMANENT TRANSFER OF DUTY STATION. THE TRAVEL ORDER ALSO AUTHORIZED THE SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS. THE RECORD SHOWS THAT PURSUANT TO THE TRAVEL ORDER OF MAY 7, 1947, THE EMPLOYEE SHIPPED 4,490 POUNDS OF HOUSEHOLD GOODS ON JUNE 14, 1947, FROM ARLINGTON, VIRGINIA, TO PHILADELPHIA, PENNSYLVANIA, AND THAT, AS STATED IN YOUR LETTER OF APRIL 1, 1948, PAYMENT THEREFOR IN THE TOTAL AMOUNT OF $105.56 WAS MADE TO MR. WEINER UPON AN ACTUAL EXPENSE BASIS RATHER THAN UPON A COMMUTED RATE BASIS, ON D.O. VOUCHER 255317, AUGUST 1947 ACCOUNT OF PAUL D. BANNING, CHIEF DISBURSING OFFICER, WASHINGTON, D.C. THE RECORDS FURTHER SHOW THAT BECAUSE OF THE INABILITY OF THE EMPLOYEE TO LOCATE SUITABLE LIVING QUARTERS IN PHILADELPHIA HE PLACED 4,000 POUNDS OF HIS HOUSEHOLD GOODS IN STORAGE WITH THE VICTORY STORAGE COMPANY, 6012 GIRARD AVENUE, PHILADELPHIA, PENNSYLVANIA, ON JUNE 14, 1947.

THE QUESTIONS UPON WHICH YOU REQUEST DECISION ARE AS FOLLOWS:

(1) SINCE THE CLAIMANT'S TRANSFER ORDER WAS DATED PRIOR TO JULY 1, 1947 AND HIS HOUSEHOLD GOODS WERE PLACED IN STORAGE ON JUNE 14, 1947, IS HE ENTITLED TO ANY REIMBURSEMENT FOR STORAGE UNDER EXECUTIVE ORDER 9933, AND, IF YOUR ANSWER IS IN THE AFFIRMATIVE, FOR WHICH PERIOD AND AT WHAT RATE?

(2) FOR THE PURPOSE OF COMPARING THE AMOUNT ALLOWABLE AT THE COMMUTED RATES ESTABLISHED IN EXECUTIVE ORDER 9933 WITH THE ACTUAL COST, WHICH ITEMS ON THE ATTACHED BILL MAY BE CONSIDERED?

SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, WHICH WAS ADDED TO THAT EXECUTIVE ORDER BY EXECUTIVE ORDER NO. 9933, PROVIDES:

(B) COMMUTATION OF EXPENSES--- TEMPORARY STORAGE.--- IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCES UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS 40 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS OR FRACTION THEREOF: PROVIDED, HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.

THIS ORDER SHALL BECOME EFFECTIVE AS OF JULY 1, 1947, AND SHALL BE PUBLISHED IN THE FEDERAL REGISTER.

PRIOR TO THE EFFECTIVE DATE OF THAT SECTION ( JULY 1, 1947), THERE EXISTED NO AUTHORITY WHEREBY EXPENSES INCURRED ON ACCOUNT OF THE TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS COULD BE REIMBURSED SEPARATELY AT A COMMUTED RATED. THERE IS NOTHING IN THAT SECTION WHICH WOULD WARRANT THE CONCLUSION THAT ITS PROVISIONS WERE INTENDED TO APPLY TO ANY EXPENSES OF STORAGE INCURRED ON ACCOUNT OF TRAVEL DIRECTED BEFORE THAT DATE. ACCORDINGLY, IT REASONABLY MAY BE CONCLUDED THAT THE PROVISIONS OF THAT SECTION ARE FOR APPLICATION ONLY IN THOSE CASES WHERE THE ORDER DIRECTING THE TRAVEL IS ISSUED ON OR AFTER JULY 1, 1947. COMPARE SECTION 9 AND TITLE V OF EXECUTIVE ORDER NO. 9805.

SINCE, IN THE INSTANT CASE, THE CHANGE OF STATIONS WAS ORDERED PRIOR TO JULY 1, 1947, A COMMUTATION OF EXPENSES FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS MOVED IN ACCORDANCE WITH AUTHORITY CONTAINED IN THAT ORDER WOULD NOT BE PROPER. HOWEVER, AS PREVIOUSLY STATED, EXAMINATION OF THE VOUCHER, PURSUANT TO WHICH MR. WEINER WAS REIMBURSED FOR EXPENSES INCURRED ON ACCOUNT OF THE SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM ARLINGTON, VIRGINIA, TO PHILADELPHIA, PENNSYLVANIA, DISCLOSES THAT HE WAS REIMBURSED UPON AN ACTUAL EXPENSE BASIS. WHERE HOUSEHOLD GOODS AND PERSONAL EFFECTS ARE SHIPPED UNDER AUTHORITY CONTAINED IN TRAVEL ORDERS ISSUED ON OR AFTER NOVEMBER 1, 1946 (THE EFFECTIVE DATE OF EXECUTIVE ORDER NO. 9805), REIMBURSEMENT FOR EXPENSES INCURRED ON ACCOUNT OF SUCH SHIPMENT IS NOT AUTHORIZED TO BE MADE UPON OTHER THAN A COMMUTED BASIS IN ACCORDANCE WITH EXECUTIVE ORDER NO. 8705. THEREFORE, AND UNDER THE CIRCUMSTANCES, THE VOUCHER NOW PRESENTED MAY BE TREATED AS A REQUEST FOR PAYMENT UPON A COMMUTED BASIS RATHER THAN UPON AN ACTUAL EXPENSE BASIS AND, IF OTHERWISE CORRECT, SAID VOUCHER MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $34.53 COMPUTED AS FOLLOWS:

MEASURED BY THE SHORT-LINE DISTANCE OF 142 MILES FROM ARLINGTON, VIRGINIA, TO PHILADELPHIA, PENNSYLVANIA, THE SCHEDULE AUTHORIZES COMMUTATION AT $3.12 PER CWT. FOR A SHIPMENT OF 4,490 POUNDS, OR A TOTAL OF $140.09. THAT SUM LESS THE AMOUNT OF $105.56 PAID ON D.O. VOUCHER 255317, AUGUST 1947, PAUL D. BANNING, LEAVES A BALANCE OF $34.53.

THE APPROPRIATION SOUGHT TO BE CHARGED WITH THE AMOUNT NOW CLAIMED DOES NOT APPEAR ON THE INSTANT VOUCHER. HOWEVER, THE APPROPRIATION PROPERLY CHARGEABLE WITH THE AMOUNT OF $34.53, HEREINBEFORE SET FORTH AS THE PROPER AMOUNT FOR CERTIFICATION FOR PAYMENT, IS "1670121, SALARIES AND EXPENSES, OFFICE OF SOLICITOR, DEPARTMENT OF LABOR, 1947," WHICH SHOULD BE INDICATED ON THE VOUCHER PRIOR TO ITS PAYMENT.

IN VIEW OF THE FOREGOING, YOUR SECOND QUESTION IS NOT REQUIRED TO BE ANSWERED. NEVERTHELESS, THAT QUESTION REASONABLY ARISES OUT OF THE FACTS STATED AND IT IS PRESUMED THAT THERE ARE OTHER VOUCHERS BEFORE YOU WHICH GIVE RISE TO THE SAME QUESTION. UPON THAT BASIS THE QUESTION WILL BE ANSWERED. THE ITEMS INCLUDED IN THE BILL ATTACHED TO THE VOUCHER ARE:

JUNE 14, 1947--- STORAGE -------------------------- $14.00

LABOR IN ------------------------- 7.00

MAT. CTN ------------------------ 1.50

JULY 14, 1947--- STORAGE -------------------------- 14.00

AUG. 14, 1947--- STORAGE -------------------------- 14.00

SEPT. 14, 1947--- STORAGE 1/2 MONTH --------------- 7.00

LABOR OUT ---------------------- 7.00

64.50

PAID--- SEPT. 19, 1948 ------------------------------------- 64.50

SEPT. 24, 1947--- HAUL OUT ----------------------- $57.75

3 PERCENT TAX ------------------- 1.73

59.48

PAID IN FULL ------------------------------------------------ 59.48

SECTION 12 (B) OF EXECUTIVE ORDER 9805, AS AMENDED, SUPRA, DOES NOT SPECIFY WHICH ITEMS OF EXPENSE INCURRED IN CONNECTION WITH STORAGE MAY BE INCLUDED IN DETERMINING AMOUNTS WHICH MAY BE REIMBURSED UPON A COMMUTED BASIS. HOWEVER, IT REASONABLY MAY BE CONCLUDED THAT IT WAS THE INTENT OF THAT SECTION TO AUTHORIZE PAYMENT UPON A COMMUTED BASIS IN AN AMOUNT NOT TO EXCEED THE ACTUAL EXPENSES OF TEMPORARY STORAGE FOR THE FIRST 60 DAYS AND OTHER NECESSARY EXPENSES INCIDENTAL THERETO OR ARISING SOLELY FROM THE TEMPORARY STORAGE, INCLUDING THE EXPENSE OF MOVING THE GOODS TO AND FROM STORAGE. SINCE THE COST OF FINAL DRAYAGE FROM THE PLACE OF STORAGE TO THE RESIDENCE IS A NECESSARY EXPENSE ARISING FROM THE TEMPORARY STORAGE OF THE GOODS, IT IS IMMATERIAL THAT SUCH EXPENSE WAS INCURRED SUBSEQUENT TO THE EXPIRATION OF THE 60-DAY STORAGE PERIOD ALLOWED BY THE EXECUTIVE ORDER. THEREFORE, ANSWERING YOUR SECOND QUESTION SPECIFICALLY, YOU ARE ADVISED THAT IF THE CONDITIONS IN THE INSTANT CASE HAD BEEN FOR CONSIDERATION UNDER THE PROVISIONS OF SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 9933, HEREINBEFORE QUOTED, ALL ITEMS APPEARING ON THE BILL OF THE VICTORY STORAGE COMPANY, ATTACHED TO THE VOUCHER FORWARDED WITH YOUR LETTER, EXCEPT THE STORAGE CHARGE FOR ONE AND ONE HALF MONTHS IN EXCESS OF THE AUTHORIZED 60-DAY PERIOD WOULD BE FOR CONSIDERATION IN COMPUTING THE AMOUNT ALLOWABLE AT THE ESTABLISHED COMMUTED RATES.