B-117478, DECEMBER 18, 1953, 33 COMP. GEN. 273

B-117478: Dec 18, 1953

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TOILET ARTICLES IS APPLICABLE TO CURRENT SHIPMENTS FOR EMPLOYEES WHO. WERE SERVING OVERSEAS UNDER THE POINT IV PROGRAM AND WHOSE TRANSPORTATION ALLOWANCES ARE GOVERNED BY SUCH REGULATIONS. 1953: REFERENCE IS MADE TO THE LETTER OF THE ADMINISTRATIVE ASSISTANT SECRETARY. IS APPLICABLE TO CURRENT SHIPMENTS FOR DEPARTMENT OF AGRICULTURE EMPLOYEES WHO. WERE SERVING OVERSEAS UNDER THE POINT IV PROGRAM ( ACT FOR INTERNATIONAL DEVELOPMENT. WHICH IS SPECIFICALLY REFERRED TO IN THE TRANSMITTAL LETTER MODIFYING SECTION 5.3 OF THE REGULATIONS. IS AS FOLLOWS: ANY EXPENSES INCURRED UNDER TRAVEL AUTHORIZATIONS ISSUED IN ACCORDANCE WITH THESE REGULATIONS SHALL BE ALLOWED IN ACCORDANCE WITH THE GOVERNING REGULATIONS AS AMENDED AND IN EFFECT AT THE TIME THE EXPENSES ARE ACTUALLY INCURRED.

B-117478, DECEMBER 18, 1953, 33 COMP. GEN. 273

TRANSPORTATION - HOUSEHOLD EFFECTS - EMPLOYEES APPOINTED OR ASSIGNED TO DUTY OVERSEAS - POINT IV PROGRAM EMPLOYEES THE AMENDMENT OF SECTION 5.3 OF THE FOREIGN SERVICE TRAVEL REGULATIONS, WHICH REDUCED THE MAXIMUM WEIGHT OF EFFECTS A FOREIGN SERVICE OFFICER OR EMPLOYEE MAY TRANSPORT AT GOVERNMENT EXPENSE AND RESTRICTED THE UTILIZATION OF THE WEIGHT ALLOWANCE TO FIVE PERCENT FOR SHIPMENT OF FOODSTUFFS, DRUGS, TOBACCO PRODUCTS, AND TOILET ARTICLES IS APPLICABLE TO CURRENT SHIPMENTS FOR EMPLOYEES WHO, ON THE EFFECTIVE DATE OF THE AMENDMENT, WERE SERVING OVERSEAS UNDER THE POINT IV PROGRAM AND WHOSE TRANSPORTATION ALLOWANCES ARE GOVERNED BY SUCH REGULATIONS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, DECEMBER 18, 1953:

REFERENCE IS MADE TO THE LETTER OF THE ADMINISTRATIVE ASSISTANT SECRETARY, DEPARTMENT OF AGRICULTURE, DATED OCTOBER 21, 1953, IN EFFECT, REQUESTING A DECISION WHETHER THE RECENT AMENDMENT OF SECTION 5.3 OF THE FOREIGN SERVICE TRAVEL REGULATIONS, PROMULGATED JULY 17, 1953, AND EFFECTIVE AUGUST 1, 1953, WHICH REDUCED THE MAXIMUM WEIGHT OF EFFECTS A FOREIGN SERVICE OFFICER OR EMPLOYEE MAY TRANSPORT AT GOVERNMENT EXPENSE AND RESTRICTED THE UTILIZATION OF THE WEIGHT ALLOWANCE TO FIVE PERCENT FOR THE SHIPMENT OF FOODSTUFFS, DRUGS, TOBACCO PRODUCTS, AND TOILET ARTICLES, IS APPLICABLE TO CURRENT SHIPMENTS FOR DEPARTMENT OF AGRICULTURE EMPLOYEES WHO, ON THE EFFECTIVE DATE OF THE AMENDMENT, WERE SERVING OVERSEAS UNDER THE POINT IV PROGRAM ( ACT FOR INTERNATIONAL DEVELOPMENT, 22 U.S.C. 1557), THE TRANSPORTATION ALLOWANCES OF SAID EMPLOYEES BEING IN ACCORDANCE WITH THE FOREIGN SERVICE TRAVEL REGULATIONS.

SECTION 3.8 OF THE REGULATIONS, EFFECTIVE JULY 1, 1952, AND WHICH IS SPECIFICALLY REFERRED TO IN THE TRANSMITTAL LETTER MODIFYING SECTION 5.3 OF THE REGULATIONS, IS AS FOLLOWS:

ANY EXPENSES INCURRED UNDER TRAVEL AUTHORIZATIONS ISSUED IN ACCORDANCE WITH THESE REGULATIONS SHALL BE ALLOWED IN ACCORDANCE WITH THE GOVERNING REGULATIONS AS AMENDED AND IN EFFECT AT THE TIME THE EXPENSES ARE ACTUALLY INCURRED.

THE VIEW IS ADVANCED IN THE REQUEST FOR DECISION THAT SINCE THE EMPLOYEES WHO WERE APPOINTED FOR OVERSEAS DUTY PRIOR TO THE AMENDED REGULATIONS WERE ADVISED SPECIFICALLY AS TO THE MAXIMUM WEIGHT ALLOWANCES TO WHICH THEY WERE ENTITLED, THOSE EMPLOYEES MAY BE ENTITLED TO RECEIVE ADDITIONAL GROCERY SHIPMENTS UP TO THE MAXIMUM WEIGHT LIMITATION GIVEN TO THEM AT THE TIME THEY WERE APPOINTED. THIS OFFICE IS UNABLE TO CONCUR WITH THAT VIEW.

YOU ARE ADVISED THAT, NOTWITHSTANDING THE OVERSEAS ASSIGNMENT OF THE EMPLOYEES PRIOR TO AUGUST 1, 1953, IN CASES OF TRANSPORTATION OF EFFECTS THE EXPENSES OF WHICH ARE INCURRED ON OR AFTER AUGUST 1, 1953, THE CURRENT PROVISIONS OF SECTION 5.3 OF THE REGULATIONS, ABOVE, ARE TO BE CONSIDERED AS CONTROLLING. HOWEVER, ANY SPECIFIC CLAIM FOR SUCH EXPENSES INCURRED IN GOOD FAITH IMMEDIATELY FOLLOWING AUGUST 1, 1953, AND AS TO WHICH THERE EXISTS A DOUBT AS TO THE PROPER ACTION TO BE TAKEN THEREON, MAY BE SUBMITTED TO THIS OFFICE FOR ADVANCE DECISION OR DIRECT SETTLEMENT.