B-112420, NOVEMBER 25, 1952, 32 COMP. GEN. 266

B-112420, NOVEMBER 25, 1952, 32 COMP. GEN. 266

TRANSPORTATION - DEPENDENTS - RETURN TO UNITED STATES - MINORS REACHING MAJORITY OVERSEAS UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, WHICH AUTHORIZES THE TRANSPORTATION EXPENSES OF THE IMMEDIATE FAMILIES OF TRANSFERRED EMPLOYEES AND SECTION 1 (D) OF EXECUTIVE ORDER NO. 9805 WHICH DEFINES "IMMEDIATE FAMILY" AS "CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER 21 YEARS OF AGE," AN OVERSEAS EMPLOYEE WHO IS RETURNED TO THE UNITED STATES MAY NOT BE REIMBURSED THE RETURN TRANSPORTATION EXPENSES FOR A STEPSON OVER 21 YEARS OF AGE WHO IS PHYSICALLY AND MENTALLY CAPABLE OF SELF-SUPPORT, EVEN THOUGH THE STEPSON REACHED HIS MAJORITY WHILE AT THE EMPLOYEE'S FOREIGN POST OF DUTY.

COMPTROLLER GENERAL WARREN TO E. W. LAWS, DEPARTMENT OF LABOR, NOVEMBER 25, 1952:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1952, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF EDWARD P. JOHNSON, AN EMPLOYEE OF YOUR BUREAU, IN THE AMOUNT OF $556.25, REPRESENTING THE COST OF TRANSPORTATION FOR HIS STEPSON, JOHN D. DEL ROSARIO, FROM MANILA, P.I., TO COPIAGUE, LONG ISLAND, NEW YORK. APPEARS THAT BY TRAVEL ORDER ISSUED MAY 20, 1952, HE WAS AUTHORIZED TO TRAVEL WITH HIS WIFE AND ONE STEPSON FROM MANILA TO BROOKLYN, NEW YORK, DUE TO A REDUCTION IN FORCE. HOWEVER, IT APPEARS THAT THE STEPSON THEREIN MENTIONED WAS ANOTHER STEPSON WHO HAD NOT REACHED 21 YEARS OF AGE BUT THAT JOHN D. DEL ROSARIO WAS OVER 21 YEARS OF AGE WHEN THE TRAVEL IN QUESTION WAS PERFORMED. THE EMPLOYEE STATES THAT THIS STEPSON WAS WITH HIM AT HIS FOREIGN POST OF DUTY, REACHED HIS MAJORITY WHILE AT THE FOREIGN POST, AND HE BELIEVES THE UNITED STATES SHOULD REIMBURSE HIM FOR SUCH TRANSPORTATION.

SECTION 1 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1956, 60 STAT. 806, AUTHORIZES TRAVELING EXPENSES OF AN EMPLOYEE AND "THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY.' THE STATUTE DOES NOT DEFINE "IMMEDIATE FAMILY," BUT THAT TERM IS DEFINED IN SECTION 1 (D) OF EXECUTIVE ORDER NO. 9805, PRESCRIBING REGULATIONS UNDER SAID ACT, AS FOLLOWS:

"IMMEDIATE FAMILY" MEANS ANY OF THE FOLLOWING-NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD; SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SUPPORTING THEMSELVES REGARDLESS OF AGE, OR DEPENDENT PARENTS OF THE EMPLOYEE (BUT NOT OF THE SPOUSE).

THE RIGHT TO TRANSPORTATION OF AN EMPLOYEE'S FAMILY MUST REST UPON THE REGULATIONS IN FORCE WHEN THE TRANSPORTATION IS PROCURED WHICH, IN THIS CASE, IS THE ABOVE EXECUTIVE ORDER. SINCE IT DOES NOT AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE OF CHILDREN 21 YEARS OF AGE OR OVER WHEN PHYSICALLY AND MENTALLY CAPABLE OF SUPPORTING THEMSELVES, THE VOUCHER FORWARDED BY YOU MAY NOT BE CERTIFIED FOR PAYMENT. THE VOUCHER IS RETURNED HEREWITH.