B-123418, MAY 16, 1955, 34 COMP. GEN. 610

B-123418: May 16, 1955

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TRAVELING EXPENSES - LEAVES OF ABSENCE - RETURN TO UNITED STATES - UNITED STATES ATTORNEYS AND MARSHALS UNITED STATES ATTORNEYS AND MARSHALS WHO ARE APPOINTED BY THE PRESIDENT. FOR SPECIFIED TERMS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES ARE ENTITLED AT THE END OF THEIR TERMS OF DUTY TO THE BENEFITS OF THE HOME LEAVE ACT OF AUGUST 31. PROVIDED THEIR APPOINTMENTS EXPIRE AFTER THE DATE OF THE ACT AND THEY ARE REAPPOINTED FOR AN ADDITIONAL PERIOD. WHO RECEIVED ORIGINAL APPOINTMENTS BEFORE AGREEMENTS TO REMAIN AT THEIR DUTY STATIONS FOR A SPECIFIC PERIOD WERE REQUIRED BY THE LAW AND REGULATIONS. TRANSFERRED THE DISTRICT COURT FOR THE PANAMA CANAL TO THE DEPARTMENT OF JUSTICE AND THE SALARIES OF THE DISTRICT ATTORNEY AND THE MARSHALS FOR THE CANAL ZONE ARE FIXED BY THE ATTORNEY GENERAL UNDER AUTHORITY OF 28 U.S.C. 508 AND 552.

B-123418, MAY 16, 1955, 34 COMP. GEN. 610

TRAVELING EXPENSES - LEAVES OF ABSENCE - RETURN TO UNITED STATES - UNITED STATES ATTORNEYS AND MARSHALS UNITED STATES ATTORNEYS AND MARSHALS WHO ARE APPOINTED BY THE PRESIDENT, WITH THE ADVICE AND CONSENT OF THE SENATE, FOR SPECIFIED TERMS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES ARE ENTITLED AT THE END OF THEIR TERMS OF DUTY TO THE BENEFITS OF THE HOME LEAVE ACT OF AUGUST 31, 1954, PROVIDED THEIR APPOINTMENTS EXPIRE AFTER THE DATE OF THE ACT AND THEY ARE REAPPOINTED FOR AN ADDITIONAL PERIOD.

COMPTROLLER GENERAL CAMPBELL TO THE ATTORNEY GENERAL, MAY 16, 1955:

THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, IN LETTER DATED MARCH 24, 1955, REQUESTS OUR DECISION UPON THE QUESTION WHETHER THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, AUTHORIZING EXPENSES OF TRAVEL AND TRANSPORTATION FOR LEAVE PURPOSES, APPLY TO THE UNITED STATES DISTRICT ATTORNEY AND THE UNITED STATES MARSHAL FOR THE CANAL ZONE, AND TO THE UNITED STATES DISTRICT ATTORNEY AND THEIR ASSISTANTS IN ALASKA. HE ALSO REQUESTS OUR DECISION REGARDING THE MATTER OF WHETHER EMPLOYEES, WHO RECEIVED ORIGINAL APPOINTMENTS BEFORE AGREEMENTS TO REMAIN AT THEIR DUTY STATIONS FOR A SPECIFIC PERIOD WERE REQUIRED BY THE LAW AND REGULATIONS, MAY BE ALLOWED THE TRAVEL AND TRANSPORTATION EXPENSES FOR LEAVE PURPOSES AUTHORIZED BY THE ACT.

SECTION 6 OF EXECUTIVE ORDER NO. 6166, JUNE 10, 1933, TRANSFERRED THE DISTRICT COURT FOR THE PANAMA CANAL TO THE DEPARTMENT OF JUSTICE AND THE SALARIES OF THE DISTRICT ATTORNEY AND THE MARSHALS FOR THE CANAL ZONE ARE FIXED BY THE ATTORNEY GENERAL UNDER AUTHORITY OF 28 U.S.C. 508 AND 552. IT THUS APPEARS THAT WHILE THE LEAVE RIGHTS OF THOSE EMPLOYEES ARE GOVERNED BY SECTION 42 (C) OF TITLE 7, CANAL ZONE CODE, AND SECTION 8 OF EXECUTIVE ORDER NO. 7676, JULY 26, 1937, ISSUED PURSUANT THERETO (SEE 32 COMP. GEN. 115), AND THAT THEY MAY BE ENTITLED TO CERTAIN PRIVILEGES UNDER SECTION 6 OF THE ORDER, NEVERTHELESS THEY ACTUALLY ARE EMPLOYEES OF THE DEPARTMENT OF JUSTICE FOR ADMINISTRATIVE PURPOSES AND, AS SUCH, THEY COME WITHIHN THE PURVIEW OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED, IF OTHERWISE QUALIFIED THEREUNDER.

THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, AMENDS SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, IN PERTINENT PART AS FOLLOWS:

PROVIDED FURTHER, THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY BUT EXCLUDING HOUSEHOLD EFFECTS, FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST, UNDER A NEW WRITTEN AGREEMENT ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST * * *. (ITALICS SUPPLIED.)

THE DISTRICT ATTORNEYS AND MARSHALS IN THE CANAL ZONE AND ALASKA, ARE APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE UNDER SECTION 42 OF TITLE 7, CANAL ZONE CODE, AND SECTION 54 1-1 OF TITLE 54, ALASKA COMPILED LAWS ANNOTATED, RESPECTIVELY. THEIR TERMS OF OFFICE ARE FOR EIGHT YEARS EACH IN THE CANAL ZONE AND FOUR YEARS EACH IN ALASKA. ITIS CLEAR FROM THEIR ACCEPTANCE OF PRESIDENTIAL COMMISSIONS THAT THEY ARE TO REMAIN AT THEIR DUTY STATIONS FOR THE PERIODS INDICATED THEREIN. THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, QUOTED ABOVE, WOULD APPLY TO THEM ONLY IF THEY WERE REAPPOINTED FOR AN ADDITIONAL PERIOD AND DESIRED TO RETURN TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO THEIR SERVING ANOTHER PERIOD UNDER THE NEW APPOINTMENT. THE DISTRICT ATTORNEYS AND MARSHALS WHOSE APPOINTMENTS EXPIRE AFTER ENACTMENT OF THE 1954 ACT AND WHO ARE REAPPOINTED FOR AN ADDITIONAL PERIOD MAY BE RETURNED TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO THEIR SERVING THE PERIOD UNDER THE NEW APPOINTMENT.