A-40057, JANUARY 2, 1932, 11 COMP. GEN. 258

A-40057: Jan 2, 1932

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WAS ORDERED TO PROCEED TO THE UNITED STATES ON STATUTORY LEAVE OF ABSENCE AT GOVERNMENT EXPENSE. PARK TO HIS POST OF ASSIGNMENT ARE PROPERLY CHARGEABLE TO THE GOVERNMENT UNDER THE PROVISIONS OF THE ACT REFERRED TO ABOVE. IT WILL BE APPRECIATED IF YOUR REPLY MIGHT BE EXPEDITED IN THIS INSTANCE AS THE OFFICER EXPECTS TO RETURN TO HIS POST WITHIN THE NEXT FEW WEEKS. PROVIDES: THAT THE SECRETARY OF STATE IS AUTHORIZED. THE FACT THAT THE OFFICER DID NOT HAVE THE WIFE AT THE TIME HE WAS ORDERED TO THE UNITED STATES ON LEAVE DOES NOT PRECLUDE REIMBURSEMENT OF HER EXPENSES IN ACCOMPANYING HIM ON HIS RETURN TO HIS STATION. 5 COMP.

A-40057, JANUARY 2, 1932, 11 COMP. GEN. 258

TRANSPORTATION - DEPENDENTS OF FOREIGN SERVICE OFFICERS IN VIEW OF THE PROVISION IN THE FOREIGN SERVICE ACT OF FEBRUARY 23, 1931, 46 STAT. 1210, AUTHORIZING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF THE FAMILIES OF FOREIGN SERVICE OFFICERS WHEN TRAVELING TO AND FROM THE UNITED STATES UPON LEAVES OF ABSENCE, A FOREIGN SERVICE OFFICER WHO MARRIED WHILE IN THIS COUNTRY ON A LEAVE OF ABSENCE MAY BE REIMBURSED FOR THE EXPENSE OF TRANSPORTING HIS WIFE UPON RETURN TO HIS DUTY STATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JANUARY 2, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 18, 1931, AS FOLLOWS:

PURSUANT TO THE PROVISIONS OF SECTION 22 OF THE ACT OF FEBRUARY 23, 1931, MR. JAMES L. PARK, AMERICAN VICE CONSUL AT ADDIS ABABA, ETHIOPIA, WAS ORDERED TO PROCEED TO THE UNITED STATES ON STATUTORY LEAVE OF ABSENCE AT GOVERNMENT EXPENSE. AFTER HIS ARRIVAL IN THE UNITED STATES, AND DURING THE PERIOD OF HIS LEAVE OF ABSENCE THUS AUTHORIZED AT GOVERNMENT EXPENSE, MR. PARK MARRIED. THE QUESTION NOW ARISES WHETHER THE EXPENSES OF HIS WIFE IN RETURNING WITH MR. PARK TO HIS POST OF ASSIGNMENT ARE PROPERLY CHARGEABLE TO THE GOVERNMENT UNDER THE PROVISIONS OF THE ACT REFERRED TO ABOVE.

IT WILL BE APPRECIATED IF YOUR REPLY MIGHT BE EXPEDITED IN THIS INSTANCE AS THE OFFICER EXPECTS TO RETURN TO HIS POST WITHIN THE NEXT FEW WEEKS.

SECTION 22 OF THE FOREIGN SERVICE ACT OF FEBRUARY 23, 1931, 46 STAT. 1210, PROVIDES:

THAT THE SECRETARY OF STATE IS AUTHORIZED, WHENEVER HE DEEMS IT TO BE IN THE PUBLIC INTEREST, TO ORDER TO THE UNITED STATES ON HIS STATUTORY LEAVE OF ABSENCE ANY FOREIGN SERVICE OFFICER OR VICE CONSUL OF CAREER WHO HAS PERFORMED THREE YEARS OR MORE OF CONTINUOUS SERVICE ABROAD: PROVIDED, THAT THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE OF SUCH OFFICERS AND THEIR IMMEDIATE FAMILIES, IN TRAVELING FROM THEIR POSTS TO THEIR HOMES IN THE UNITED STATES AND RETURN, SHALL BE PAID UNDER THE SAME RULES AND REGULATIONS APPLICABLE IN THE CASE OF OFFICERS GOING TO AND RETURNING FROM THEIR POSTS UNDER ORDERS OF THE SECRETARY OF STATE WHEN NOT ON LEAVE: * *

THE APPROPRIATION "TRANSPORTATION OF FOREIGN SERVICE OFFICERS, 1932," 46 STAT. 1313, PROVIDES:

TO PAY THE TRAVELING EXPENSES OF DIPLOMATIC, CONSULAR, AND FOREIGN SERVICE OFFICERS, AND OTHER EMPLOYEES OF THE FOREIGN SERVICE, INCLUDING OFFICERS AND EMPLOYEES OF THE UNITED STATES COURT FOR CHINA, AND THE ITEMIZED AND VERIFIED STATEMENTS OF THE ACTUAL AND NECESSARY EXPENSES OF TRANSPORTATION AND SUBSISTENCE, UNDER SUCH REGULATIONS AS THE SECRETARY OF STATE MAY PRESCRIBE, OF THEIR FAMILIES AND EFFECTS, IN GOING TO AND RETURNING FROM THEIR POSTS, INCLUDING NOT TO EXCEED $110,000 INCURRED IN CONNECTION WITH LEAVES OF ABSENCE * * *.

IN VIEW OF THE SPECIFIC PROVISIONS QUOTED ABOVE, THE EXPENSES OF TRANSPORTING THE WIFE OF THE FOREIGN SERVICE OFFICER UPON HIS RETURN TO HIS STATION FROM A LEAVE OF ABSENCE WOULD APPEAR TO BE PROPERLY CHARGEABLE TO THE APPROPRIATION FOR TRANSPORTATION OF THE FOREIGN SERVICE OFFICERS. 8 COMP. GEN. 178. THE FACT THAT THE OFFICER DID NOT HAVE THE WIFE AT THE TIME HE WAS ORDERED TO THE UNITED STATES ON LEAVE DOES NOT PRECLUDE REIMBURSEMENT OF HER EXPENSES IN ACCOMPANYING HIM ON HIS RETURN TO HIS STATION. 5 COMP. GEN. 175.