Executive Order 10196—Amendment of Executive Order 9805 Prescribing Regulations Governing Payment of Certain Travel and Transportation Expenses

By virtue of authority vested in me by the Act of August 2, 946 (60 Stat. 806), as amended by section 1 of the Act of September 23, 1950, Public Law 830, 81st Congress, it is ordered that Executive Order 9805 of November 25, 1946 and Schedule A attached to and made a part thereof, as amended by Executive Order 9933 of February 27, 1948, Executive Order 9997 of September 8, 1948 and Executive Order 10069 of July 14, 1949, prescribing regulations governing payment of travel and transportation expenses of civilian officers and employees of the United States when transferred from one official station to another for permanent duty, be, and it is hereby, amended with respect to sections 3, 4, 8, 11, 12(a), 14, 17, 25, and Schedule A to read as follows:

SEC. 3. Transportation expenses of immediate family. The transportation of the immediate family of an employee shall be subject to those provisions of the Standardized Government Travel Regulations which relate to transportation, including mileage, and shall be in accordance with section 4 of the Travel Expense Act of 1949, whether the travel originates at the employee's last official station or at some other point or partially at both and whether the pint of destination is the new official station or some other point selected by him, or both. The cost to the Government shall not exceed the cost of transportation by a usually traveled route between the last official station and the new official station.

SEC. 4. Payment of expenses. The travel and transportation expenses allowable under these regulations, when authorized or approved by such subordinate official or officials as the head of the department concerned may designate, shall be paid in case of transfer from one official station to another, including transfer from one department to another, for permanent duty, but in no case in which the transfer is made primarily for the convenience or benefit of the employee or at his request. In case of transfer from one department to another such expenses shall be paid from the funds of the department to which the employee is transferred. The expenses of travel and transportation in connection with the transfer of officers and employees to posts of duty outside the continental limits of the United States shall not be allowed unless and until the officer or employee selected for such transfer shall agree in writing to remain in the Government service for twelve months following the effective date of this transfer, unless separated for reasons beyond his control and acceptable to the department or agency concerned. In case of violation of such agreement any moneys expended by the United States on account of such travel and transportation shall be recoverable from the individual concerned as a debt due the United States. The expenses of return travel and transportation upon separation from service shall be allowed whether such separation is for the purposes of the Government or for personal convenience, but shall not be allowed unless such officer or employee transferred to posts of duty outside the continental United States shall have served for a minimum period of not less than one nor more than three years prescribed in advance by the head of the department or agency concerned or unless separation is for reasons beyond the control of the individual and acceptable to the department or agency concerned.

SEC. 8. Origin and destination of shipment. The expenses of transportation authorized hereunder or reimbursement on a commuted basis within the continental United States shall be allowable whether the shipment originates at the employee's last official station or at some other point or partially at both or whether the point of destination is the new official station or some other point selected by him, or both: Provided, That the cost to the Government shall not exceed the cost of shipment in one lot by the most economical route from the last official station to the new. No expenses shall be allowable for the transportation of property acquired en route from the last official station to the new. For the purposes of these regulations, the term "official station" shall be construed to include any point from which the employee commutes daily to his official post of duty.

SEC. 11. Employees not affected. These regulations shall not apply to: (1) officers and employees transferred in accordance with the provisions of the Foreign Service Act of 1946; or (2) persons whose pay and allowances are established by the Career Compensation Act of 1949. (P.L. 351, 81st Congress.)

SEC. 12. (a) Commutation of expenses-General. In lieu of the payment of actual expenses of transportation, packing, crating, drayage, and unpacking of household goods and personal effects in the case of transfers between points within the continental United States, reimbursement shall be made to the employee on a commuted basis at rates per hundred pounds as fixed by zones in Schedule A which is attached to and made a part of these regulations. The amount payable shall be the product of the applicable rate and the net weight of household goods and personal effects actually transported (within the weight limitation prescribed by section 16 hereof). Where the weight of the household goods transported is less than the minimum weight allowance chargeable under applicable tariffs the employee may be reimbursed to the extent of the minimum tariff requirement. Government bills of lading shall not be used.

SEC. 14. Evidence of shipment. Employees shall be required to submit the original bills of lading, or a certified copy thereof or if no bill of lading is available, other evidence showing point of origin, destination, and weight. In instances in which no proper weighting facilities are readily available at point of origin a constructive weight, based on seven pounds per cubic foot of properly loaded van space, may be used.

SEC. 17. Maximum allowance for transportation. (a) Weight. The actual costs of transportation of the household goods and personal effects of the employee, not in excess of 7,000 pounds net, and of the packing, crates, boxes, lift vans, or other temporary containers required for the shipment, shall be allowed in the case of transfers to or from points outside the continental United States: Provided, That employees who have no immediate family shall be entitled to the transportation of household effects and other personal property not in excess of 2,500 pounds net. Gross weight shall include the net weight of the property and the weight of packing, crates, boxes, or lift vans which have no connection with the property except for the purposes of the immediate shipment and which do not constitute a continuing part of the property of the employee. For the application of the limitations prescribed by this section the net weight of the property shall be considered to be eighty per cent of the combined weight of the property and the packing and crating used for the shipment: Provided, That in case of shipments involving transportation by vessel over all or part of the distance, the net weight of the property shall be considered to be eighty per cent of the combined weight of the property and the packing, crating, boxing, and left vans used for the shipment: And provided further, That when shipment is by motor freight the gross weight of the property shall be the actual weight of the goods transported. Thus, transportation shall be allowed at Government expense for property when packed, crated, boxed, or placed in lift vans for shipment, within the following maximum weights:

Pounds

Employees having immediate family:

Shipment involving transportation by vessel over all or

part of route or by rail or motor carriers requiring

packing or crating-------------------------------------------------------- 8,750

Shipment by motor carriers of household goods uncrated---------- 7,000

Employees having no immediate family:

Shipment involving transportation by vessel over all or

Part of route or by rail or motor carriers requiring

Packing or crating--------------------------------------------------------- 3,125

Shipment by motor carriers of household goods uncrated---------- 2,500

(b) Volume. Where charges for transportation are computed on a basis of measurement rather than weight charges will be allowed regardless of weight for not to exceed 25 measurement tons of forty cubic feet each inclusive of packing, crating, and lift vans: Provided, That employees who have no immediate family shall be allowed charges for not to exceed 9 measurement tons

(c) Weight and volume on same shipment. When shipment must be made over such a route that the transportation necessarily involves charges based upon weight over part of the distance and upon measurement over another part of the distance, the following conditions shall apply: (1) if the weight does not exceed the limitations prescribed in subsection (a) payment shall be allowed for actual charges over the entire distance regardless of whether the measurement is in excess of the limitations imposed by subsection (b); (2) if both weight and measurement are in excess of the prescribed limitations payment shall not be allowed for the excess by weight over that part of the distance where charges are based on weight, or for the excess by measurement over that part of the distance where charges are based on measurement.

SEC. 25. Shipment by American vessels. All shipments of property by water shall be made on ships registered under the laws of the United States whenever such ships are available.

This order shall be effective in any case in which the travel or transpiration is authorized or approved and commenced on or after September 23, 1950.

HARRY S. TRUMAN

THE WHITE HOUSE,

December 20, 1950