B-111679, OCTOBER 20, 1952, 32 COMP. GEN. 194

B-111679, OCTOBER 20, 1952, 32 COMP. GEN. 194

TRANSPORTATION - DEPENDENTS - PRIOR RETURN TO THE UNITED STATES - EMPLOYEES TRANSFERRING TO POINT IV PROGRAM IN VIEW OF THE PROVISIONS OF THE ACT FOR INTERNATIONAL DEVELOPMENT THAT FUNDS APPROPRIATED FOR ITS PURPOSES SHALL BE AVAILABLE FOR OBLIGATION AND EXPENDITURE IN ACCORDANCE WITH AUTHORITY GRANTED THEREUNDER OR UNDER AUTHORITY GOVERNING THE ACTIVITIES OF GOVERNMENT AGENCIES TO WHICH SUCH FUNDS ARE ALLOCATED, AN EMPLOYEE WHO TRANSFERRED TO THE POINT IV PROGRAM WHILE SERVING ON AN OVERSEAS ASSIGNMENT AND WHO HAS COMPLETED HIS EMPLOYMENT AGREEMENT MAY BE REIMBURSED FOR THE ADVANCE RETURN OF DEPENDENTS FOR EDUCATIONAL PURPOSES IN AN AMOUNT NOT TO EXCEED THE COST OF THE LOWEST FIRST CLASS ACCOMMODATIONS ON THE CARRIER CLASS AUTHORIZED FOR THE RETURN OF THE EMPLOYEE.

COMPTROLLER GENERAL WARREN TO A. M. FLAT-EQUAL, DEPARTMENT OF AGRICULTURE, OCTOBER 20, 1952:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1952, REQUESTING A DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRAVEL REIMBURSEMENT VOUCHER, THEREWITH TRANSMITTED, IN THE AMOUNT OF $928.60, IN FAVOR OF MR. JOHN V. HEPLER, BASED UPON THE FACTS STATED IN YOUR LETTER, AS FOLLOWS:

MR. HEPLER'S DAUGHTER, SYDNEY D. HEPLER (AGE 18) TRAVELED TO THE UNITED STATES FROM MANILA, PHILIPPINES VIA NEW DELHI, ATHENS, ROME, LONDON ON AN ALL EXPENSE TOUR, THE COST OF WHICH WAS $1,300 PAID FOR BY MR. HEPLER. SHE LEFT MANILA ON APRIL 23, 1951 AND ARRIVED IN WASHINGTON, D.C. ON JUNE 14, 1951. MR. HEPLER IS CLAIMING REIMBURSEMENT FOR TRANSPORTATION EXPENSE AND PER DIEM ON BASIS OF TRAVEL DIRECT FROM MANILA TO WASHINGTON, D.C. UNDER LETTER OF AUTHORIZATION 652-) FAR) DATED MAY 19, 1952, COPY ATTACHED, WHICH PROVIDED FOR HIS RETURN TO WASHINGTON, D.C. FOR TERMINATION OF HIS FOREIGN ASSIGNMENT.

ALSO, MR. HEPLER STATES THE REASON FOR HIS DAUGHTER'S RETURN WAS TO RESUME HER COLLEGE EDUCATION, AND HE SUBMITS PAID CHECKS SHOWING $1,300 AS THE COST OF HER TRANSPORTATION FROM THE PHILIPPINES TO THE UNITED STATES. IT APPEARS FROM THE AUTHORIZATION FOR TRAVEL, DATED MAY 19, 1952, THAT TRANSPORTATION OF THE IMMEDIATE FAMILY WAS SUBJECT TO CERTAIN DEPARTMENTAL ORDERS AND REGULATIONS, POPULARLY KNOWN AS " POINT IV REGULATIONS," ISSUED PURSUANT TO THE ACT FOR INTERNATIONAL DEVELOPMENT, PUBLIC LAW 535, 64 STAT. 204, AND SUBJECT TO THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ALSO, THIS OFFICE HAS BEEN INFORMED THAT THE RECORDS OF THE AGRICULTURE DEPARTMENT SHOW THAT MR. HEPLER HAD TRAVELED TO THE PHILIPPINES UNDER OTHER AUTHORITY, FOR 24 MONTHS' SERVICE, AND WHILE THERE, HE WAS ASSIGNED DUTIES UNDER THE SO CALLED POINT IV PROGRAM, PURSUANT TO SECTION 413 (C) OF PUBLIC LAW 535, 64 STAT. 208.

THE FACTORS GENERALLY REGARDED AS JUSTIFYING REIMBURSEMENT FOR ADVANCE RETURN OF DEPENDENTS FROM FOREIGN DUTY STATIONS ORDINARILY ARE BASED UPON EXTREME OR UNUSUAL CONDITIONS INIMICAL TO THE HEALTH AND WELFARE OF THE DEPENDENTS, SUCH AS WOULD CONSTITUTE HARDSHIPS PREVALENT AT THE FOREIGN DUTY POST. HOWEVER, IF--- AS APPARENTLY WOULD BE THE CASE HERE--- THE RECORD SHOWS THAT THE TRAVEL FROM THE UNITED STATES TO THE FOREIGN POST WAS AUTHORIZED UNDER ESTABLISHED PROCEDURES, SUCH AS THOSE UNDER THE ADMINISTRATIVE EXPENSE ACT OF 1946, 60 STAT. 806, AS AMENDED, AND AFTER THE EMPLOYEE HAS SERVED THE REQUIRED PERIOD OVERSEAS, THERE WOULD BE NO LEGAL OBJECTION TO ADMINISTRATIVE AUTHORIZATION OR APPROVAL FOR REIMBURSEMENT OF PRIOR RETURN TRAVEL EXPENSES OF DEPENDENT MEMBERS OF THE EMPLOYEE'S "IMMEDIATE FAMILY," DEFINED IN SECTION 1/D) OF EXECUTIVE ORDER NO. 9805. IN THAT RESPECT, SEE 30 COMP. GEN. 80, PARTICULARLY, ANSWER TO QUESTION 3, AND 31 ID 683.

THE DEPARTMENT OF STATE, IN POINT-FOUR AGENCY MEMORANDUM NO. 20, DATED NOVEMBER 27, 1950, SETS FORTH CERTAIN STANDARDS WITH RESPECT TO POLICIES AND PROCEDURES TO BE OBSERVED RELATIVE TO PERSONNEL APPOINTED OR TRANSFERRED UNDER SECTION 413 OF THE ACT FOR INTERNATIONAL DEVELOPMENT. PARAGRAPH 3 OF SECTION VI OF THE MEMORANDUM INDICATES THAT TRAVEL AND RELATED EXPENSES OF " POINT IV" EMPLOYEES WHILE OVERSEAS MAY BE PAID BY THE PARTICIPATING AGENCIES, SUCH AS THE OFFICE OF FOREIGN AGRICULTURAL RELATIONS, IN ACCORDANCE WITH SECTIONS 911, 912, 913, 1026, AND 1027 OF THE FOREIGN SERVICE ACT OF 1946. SUBSECTION 911 (2) OF THAT ACT PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARY OF STATE SHALL PRESCRIBE, THERE MAY BE PAID THE TRAVEL EXPENSES OF MEMBERS OF THE EMPLOYEE'S FAMILY WHEN PROCEEDING TO OR RETURNING FROM HIS POST OF DUTY, ACCOMPANYING HIM ON AUTHORIZED HOME LEAVE, OR OTHERWISE TRAVELING IN ACCORDANCE WITH AUTHORITY GRANTED "PURSUANT TO THE TERMS OF THIS OR ANY OTHER ACT.'

WHILE THE AUTHORIZATION HERE IN PART REFERS TO THE " POINT IV REGULATIONS," IN VIEW OF THE PROVISIONS IN SECTION 416 OF PUBLIC LAW 535, 64 STAT. 208, 209, THAT FUNDS APPROPRIATED FOR PURPOSES OF THE INTERNATIONAL DEVELOPMENT ACT SHALL BE AVAILABLE FOR OBLIGATION AND EXPENDITURE IN ACCORDANCE WITH AUTHORITY GRANTED THEREUNDER OR UNDER AUTHORITY GOVERNING THE ACTIVITIES OF THE GOVERNMENT AGENCIES TO WHICH SUCH FUNDS ARE ALLOCATED, AND NO REGULATION HAVING BEEN FOUND WHICH WOULD PRECLUDE THE ADVANCE RETURN OF DEPENDENTS FROM THE PHILIPPINES TO THE UNITED STATES FOR PURPOSES OF THEIR WELFARE, SUCH AS RESUMING THEIR EDUCATION, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, IN THE PROPER AMOUNT LIMITED TO COST OF THE LOWEST FIRST-CLASS ACCOMMODATIONS AVAILABLE ON THE CLASS OF CARRIER ACTUALLY SELECTED AND UTILIZED, BUT WITHIN THE CLASS AUTHORIZED FOR THE EMPLOYEE.