B-115478, JULY 6, 1953, 33 COMP. GEN. 9

B-115478: Jul 6, 1953

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APPROPRIATION AVAILABILITY - TUITION FEES FOR CHILDREN OF FOREIGN SERVICE PERSONNEL ATTENDING FOREIGN SCHOOLS SCHOOLING FURNISHED DEPENDENTS OF MEMBERS OF THE FOREIGN SERVICE AT GOVERNMENT EXPENSE IS NOT AUTHORIZED BY THE FOREIGN SERVICE ACT OF 1946. " WHICH PROVIDES FUNDS FOR THE OPERATION OF SCHOOLS FOR AMERICAN CHILDREN WHO ARE DEPENDENTS OF GOVERNMENT PERSONNEL. MAY NOT BE CONSTRUED AS AUTHORIZING THE PAYMENT OF TUITION FEES FOR SUCH CHILDREN ATTENDING FOREIGN SCHOOLS AT A POST WHERE THERE ARE NO SCHOOLS OPERATED BY THE UNITED STATES. 1953: REFERENCE IS MADE TO YOUR LETTER OF MAY 25. IT BEING POINTED OUT THAT NO UNITED STATES ARMY-OPERATED SCHOOLS ARE AVAILABLE AT GRAZ IN THE BRITISH ZONE OF AUSTRIA WHERE MR.

B-115478, JULY 6, 1953, 33 COMP. GEN. 9

APPROPRIATION AVAILABILITY - TUITION FEES FOR CHILDREN OF FOREIGN SERVICE PERSONNEL ATTENDING FOREIGN SCHOOLS SCHOOLING FURNISHED DEPENDENTS OF MEMBERS OF THE FOREIGN SERVICE AT GOVERNMENT EXPENSE IS NOT AUTHORIZED BY THE FOREIGN SERVICE ACT OF 1946, AS AMENDED, OR BY ANY OTHER ACT AND THE APPROPRIATION " GOVERNMENT IN OCCUPIED AREAS," WHICH PROVIDES FUNDS FOR THE OPERATION OF SCHOOLS FOR AMERICAN CHILDREN WHO ARE DEPENDENTS OF GOVERNMENT PERSONNEL, MAY NOT BE CONSTRUED AS AUTHORIZING THE PAYMENT OF TUITION FEES FOR SUCH CHILDREN ATTENDING FOREIGN SCHOOLS AT A POST WHERE THERE ARE NO SCHOOLS OPERATED BY THE UNITED STATES.

COMPTROLLER GENERAL WARREN TO D. HOYLMAN, DEPARTMENT OF STATE, JULY 6, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1953, REQUESTING ADVICE AS TO WHETHER THERE PROPERLY MAY BE CERTIFIED FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF PAUL A. SHINKMAN, REGIONAL PUBLIC AFFAIRS OFFICER, COVERING TUITION OF HIS DEPENDENT CHILDREN ATTENDING SCHOOLS OPERATED BY THE BRITISH TROOPS IN THE BRITISH ZONE OF AUSTRIA, IT BEING POINTED OUT THAT NO UNITED STATES ARMY-OPERATED SCHOOLS ARE AVAILABLE AT GRAZ IN THE BRITISH ZONE OF AUSTRIA WHERE MR. SHINKMAN IS STATIONED.

SPECIFICALLY, DECISION IS REQUESTED AS TO WHETHER IN VIEW OF THE APPROPRIATION " GOVERNMENT IN OCCUPIED AREAS," APPEARING IN THE SUPPLEMENTAL APPROPRIATION ACT OF 1953, 66 STAT. 650, TUITION FEES FOR DEPENDENT CHILDREN OF PERSONNEL WHO ARE ASSIGNED TO DUTY IN THE BRITISH ZONE OF AUSTRIA MAY BE CERTIFIED FOR PAYMENT.

THE APPROPRIATION " GOVERNMENT IN OCCUPIED AREAS," IS, IN PART, AS FOLLOWS:

FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY TO MEET THE RESPONSIBILITIES AND OBLIGATIONS OF THE UNITED STATES IN GERMANY AND AUSTRIA (INCLUDING THOSE ARISING UNDER THE SUPREME AUTHORITY ASSUMED BY THE UNITED STATES ON JUNE 5, 1945, AND UNDER THE CONTRACTUAL ARRANGEMENT WITH THE FEDERAL REPUBLIC OF GERMANY), UNDER SUCH REGULATIONS AS THE SECRETARY OF STATE MAY PRESCRIBE, * * * EXPENSES INCIDENT TO THE OPERATION OF SCHOOLS FOR AMERICAN CHILDREN WHO ARE DEPENDENTS OF GOVERNMENT PERSONNEL; * * *

NO PROVISION IN THE FOREIGN SERVICE ACT OF 1946, AS AMENDED, 60 STAT. 999, OR ANY OTHER BASIC STATUTORY AUTHORITY HAS COME TO MY ATTENTION, UNDER WHICH THE DEPARTMENT OF STATE IS AUTHORIZED OR REQUIRED TO FURNISH SCHOOLING TO DEPENDENTS OF MEMBERS OF THE FOREIGN SERVICE AT GOVERNMENT EXPENSE. THE APPROPRIATION LANGUAGE "EXPENSES INCIDENT TO THE OPERATION OF SCHOOLS FOR AMERICAN CHILDREN WHO ARE DEPENDENTS OF GOVERNMENT PERSONNEL" REASONABLY MAY NOT BE CONSTRUED AS AUTHORIZING THE PAYMENT OF TUITION EXPENSES INCURRED IN ATTENDING SCHOOLS OPERATED BY FOREIGN NATIONS.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.