B-145883, FEBRUARY 28, 1963, 42 COMP. GEN. 443

B-145883, FEBRUARY 28, 1963, 42 COMP. GEN. 443

PEACE CORPS - VOLUNTEERS - CASH ALLOWANCE IN LIEU OF TRANSPORTATION IN VIEW OF THE FACT THAT PEACE CORPS VOLUNTEERS ARE NOT CONSIDERED OFFICERS AND EMPLOYEES OF THE UNITED STATES AT THE CONCLUSION OF THEIR SERVICES OVERSEAS THEY MAY BE GIVEN A CASH ALLOWANCE IN AN AMOUNT EQUIVALENT TO THE MINIMUM CLASS JET FARE FOR DIRECT TRAVEL FROM THE OVERSEAS TERMINATION POINT TO THEIR HOMES, SECTION 6 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 839, AND OTHER PROVISIONS OF LAW OR REGULATIONS RELATING TO THE TRAVEL AND TRANSPORTATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES, NOT APPLYING TO THE VOLUNTEERS, AND SECTION 5 (B) OF THE PEACE CORPS ACT AUTHORIZING THE DETERMINATION OF THE CIRCUMSTANCES UNDER WHICH FORMER VOLUNTEERS MAY BE PROVIDED TRANSPORTATION AND TRAVEL ALLOWANCES.

TO THE DIRECTOR, PEACE CORPS, FEBRUARY 28, 1963:

ON FEBRUARY 6, 1963, YOU REQUESTED A DECISION CONCERNING YOUR AUTHORITY TO PAY PEACE CORPS VOLUNTEERS--- AT THE CONCLUSION OF THEIR PERIODS OF SERVICE OVERSEAS--- A CASH ALLOWANCE IN AN AMOUNT EQUIVALENT TO THE MINIMUM CLASS JET AIR FARE FOR DIRECT TRAVEL FROM THE POINT OVERSEAS WHERE THEIR SERVICES ARE TERMINATED TO THEIR HOMES IN THE UNITED STATES.

SECTION 2 OF THE PEACE CORPS ACT, PUBLIC LAW 87-293, 75 STAT. 612, 22 U.S.C. 2501, SAYS THAT ONE OF THE PURPOSES OF THE ACT IS TO PROMOTE A BETTER UNDERSTANDING OF OTHER PEOPLES OF THE WORLD BY THE AMERICAN PEOPLE.

SUBSECTION 4 (B) OF THE ACT, 22 U.S.C. 2503 (B), PROVIDES THAT:

THE PRESIDENT MAY EXERCISE ANY FUNCTIONS VESTED IN HIM BY THIS ACT THROUGH SUCH AGENCY OR OFFICER OF THE UNITED STATES GOVERNMENT AS HE SHALL DIRECT. THE HEAD OF ANY SUCH AGENCY OR ANY SUCH OFFICER MAY PROMULGATE SUCH RULES AND REGULATIONS AS HE MAY DEEM NECESSARY OR APPROPRIATE TO CARRY OUT SUCH FUNCTIONS, AND MAY DELEGATE TO ANY OF HIS SUBORDINATES AUTHORITY TO PERFORM ANY OF SUCH FUNCTIONS.

WITH CERTAIN RESERVATIONS NOT MATERIAL TO YOUR SUBMISSION THE AUTHORITY OF THE PRESIDENT UNDER THE PEACE CORPS ACT WAS DELEGATED TO THE SECRETARY OF STATE BY EXECUTIVE ORDER NO. 11041, AUGUST 13, 1962, AND EFFECTIVE AUGUST 6, 1962, THE SECRETARY OF STATE IN TURN DELEGATED SUCH AUTHORITY--- WITH CERTAIN RESERVATIONS NOT HERE MATERIAL--- TO THE DIRECTOR OF THE PEACE CORPS. (SEE 27 F.R. 9074).

SUBSECTIONS 5 (A) AND (B) OF THE ACT, 22 U.S.C. 2504 (A) AND (B), ARE IN PART AS FOLLOWS:

(A) THE PRESIDENT MAY ENROLL IN THE PEACE CORPS FOR SERVICE ABROAD QUALIFIED CITIZENS AND NATIONALS OF THE UNITED STATES (REFERRED TO IN THIS ACT AS "VOLUNTEERS"). THE TERMS AND CONDITIONS OF THE ENROLLMENT, TRAINING, COMPENSATION, HOURS OF WORK, BENEFITS, LEAVE, TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF THE SERVICE OF VOLUNTEERS SHALL BE EXCLUSIVELY THOSE SET FORTH IN THIS ACT AND THOSE CONSISTENT THEREWITH WHICH THE PRESIDENT MAY PRESCRIBE; AND, EXCEPT AS PROVIDED IN THIS ACT, VOLUNTEERS SHALL NOT BE DEEMED OFFICERS OR EMPLOYEES OR OTHERWISE IN THE SERVICE OR EMPLOYMENT OF, OR HOLDING OFFICE UNDER, THE UNITED STATES FOR ANY PURPOSE. * *

(B) * * * TRANSPORTATION AND TRAVEL ALLOWANCES MAY ALSO BE PROVIDED, IN SUCH CIRCUMSTANCES AS THE PRESIDENT MAY DETERMINE, FOR APPLICANTS FOR ENROLLMENT TO OR FROM PLACES OF TRAINING AND PLACES OF ENROLLMENT, AND FOR FORMER VOLUNTEERS FROM PLACES OF TERMINATION TO THEIR HOMES IN THE UNITED STATES.

WHILE WE FIND NO EXPRESS PROVISION IN THE PEACE CORPS ACT SPECIFICALLY AUTHORIZING THE PAYMENT OF A CASH ALLOWANCE FOR TRAVEL OF FORMER VOLUNTEERS IN THE PEACE CORPS FROM PLACES WHERE THEIR SERVICES ARE TERMINATED TO THEIR HOMES IN THE UNITED STATES, THE FACT IS SIGNIFICANT THAT UNDER THE EXPRESS TERMS OF SUBSECTION 5 (A), QUOTED ABOVE, PEACE CORPS VOLUNTEERS ARE NOT OFFICERS OR EMPLOYEES OR OTHERWISE IN THE SERVICE OR EMPLOYMENT OF THE UNITED STATES EXCEPT FOR LIMITED PURPOSES WHICH ARE ENUMERATED SPECIFICALLY IN THE PEACE CORPS ACT. THUS, SECTION 6 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 167, 5 U.S.C. 839, WHICH PROVIDES THAT EXCEPT AS PERMITTED BY THAT ACT AND BY LAWS RELATING TO MILITARY PERSONNEL "ONLY ACTUAL AND NECESSARY TRAVELING EXPENSES SHALL BE ALLOWED TO ANY PERSON HOLDING EMPLOYMENT OR APPOINTMENT UNDER THE UNITED STATES" WOULD NOT APPLY TO VOLUNTEER ENROLLEES IN THE PEACE CORPS. SIMILARLY, OTHER PROVISIONS OF LAW OR REGULATIONS RELATING TO TRAVEL AND TRANSPORTATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES WOULD NOT APPLY TO "VOLUNTEERS" IN THE PEACE CORPS. FINALLY, SECTION 5 (B) OF THE PEACE CORPS ACT, 75 STAT. 613, VESTS THE PRESIDENT WITH BROAD AUTHORITY--- WHICH WAS DELEGATED TO THE SECRETARY OF STATE AND REDELEGATED TO THE DIRECTOR OF THE PEACE CORPS--- TO PROVIDE FORMER PEACE CORPS VOLUNTEERS WITH TRANSPORTATION AND TRAVEL ALLOWANCES IN SUCH CIRCUMSTANCES AS HE MAY DETERMINE FROM PLACES OVERSEAS WHERE THEIR SERVICES WERE TERMINATED TO THEIR HOMES IN THE UNITED STATES.

IN VIEW OF THE BROAD GRANT OF AUTHORITY UNDER SUBSECTION 5 (A) AND (B) AND OF YOUR DETERMINATION THAT THE PAYMENT OF CASH ALLOWANCES UNDER THE CIRCUMSTANCES SET FORTH IN YOUR LETTER NOT ONLY IS CONSISTENT WITH THE AVOWED PURPOSE OF THE PEACE CORPS ACT AS SET FORTH IN SECTION 2 THEREOF BUT CONSTITUTES AN ESSENTIAL PROCEDURE IN IMPLEMENTING THE PURPOSES AND OBJECTIVES OF THAT ACT, WE WILL INTERPOSE NO OBJECTION TO YOUR PLACING IN EFFECT THE PRACTICE YOU PROPOSE UNDER THE GENERAL AUTHORITY SO GRANTED TO YOU.