B-124440, OCT. 4, 1955

B-124440, OCT. 4, 1955

TO MR. A. M. FLATEQUAL, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1955, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER TRANSMITTED THEREWITH IN FAVOR OF DON L. WHITE. THE VOUCHER IS ADMINISTRATIVELY APPROVED FOR $217.33, WHICH AMOUNT REPRESENTS HIS EXPENSES FOR DRAYAGE, CRATING, AND STORAGE OF HIS HOUSEHOLD EFFECTS DURING THE PERIOD NOVEMBER 13, 1953, TO APRIL 13, 1955, AS AN EMPLOYEE OF THE FOREIGN AGRICULTURAL SERVICE UNDER TRAVEL AUTHORIZATION NO. 42-/FAS) DATED JULY 14, 1953, AS AMENDED DECEMBER 14 AND 22, 1953. HE WAS AUTHORIZED TO TRAVEL BEGINNING ON OR ABOUT AUGUST 25, 1953, IN ACCORDANCE WITH LAW, DEPARTMENTAL REGULATIONS, AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, FROM OKLAHOMA CITY, OKLAHOMA, TO AMMAN, JORDAN--- TEMPORARY DUTY AND LOCAL TRAVEL EN ROUTE AT WASHINGTON, D.C., AT NEW YORK, NEW YORK, AND AT BEIRUT, LEBANON, ALSO BEING AUTHORIZED THEREIN--- IN CONNECTION WITH THE POINT IV PROGRAM AND AGRICULTURAL PROBLEMS IN JORDAN.

ITEM 17/A) OF THE TRAVEL AUTHORIZATION PROVIDES THAT, IN REPORTING TO FIRST DUTY STATION OUTSIDE THE UNITED STATES, THE EMPLOYEE WILL BE ALLOWED "EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS.' WHILE EXPRESS AUTHORITY FOR STORAGE OF HIS GOODS AND EFFECTS WAS NOT WRITTEN INTO THE AUTHORIZATION, MR. WHITE PLACED SOME OF SUCH GOODS AND EFFECTS (223 CUBIC FEET) IN STORAGE ON NOVEMBER 13, 1953, ENTERED ON DUTY (TRAVEL STATUS) NOVEMBER 14, AND ARRIVED IN WASHINGTON ON NOVEMBER 16, 1953. WHILE IN WASHINGTON FOR ORIENTATION HE WAS NOTIFIED THAT HEAVY FURNITURE WOULD BE SUPPLIED HIM AT HIS OVERSEAS POST OF DUTY. HE DEPARTED FROM WASHINGTON FOR HIS OVERSEAS ASSIGNMENT ON DECEMBER 25, 1953, WAS RETURNED TO WASHINGTON FEBRUARY 26, 1955, AND TO OKLAHOMA CITY WHERE HE WAS ON LEAVE FROM MARCH 11 TO MAY 7, 1955.

YOU SAY DOUBT ARISES AS TO WHETHER THE STORAGE COSTS MAY BE PAID IN ACCORDANCE WITH THE FOREIGN SERVICE REGULATIONS (180 FSTR 5.3) IN EFFECT ON JULY 14, 1953, OR IN ACCORDANCE WITH FOREIGN OPERATIONS ADMINISTRATIVE CIRCULAR A-8 PROMULGATED NOVEMBER 20, 1953, PURSUANT TO SECTION 102 OF THE MUTUAL SECURITY APPROPRIATION ACT OF 1954, APPROVED AUGUST 7, 1953, 67 STAT. 478, 480.

SECTION 102 OF THE ACT PROVIDES IN PERTINENT PART THAT THE LIMITATIONS THEREIN SPECIFIED SHALL NOT BE APPLICABLE IN THE CASE OF EMPLOYEES TRANSFERRED TO OR SERVING IN STATIONS OUTSIDE THE CONTINENTAL UNITED STATES UNDER ORDERS RELIEVING THEM FROM A DUTY STATION WITHIN THE UNITED STATES PRIOR TO AUGUST 1, 1953. CIRCULAR A-8 PROVIDES IN PART THAT WEIGHT LIMITATIONS IN EFFECT PRIOR TO AUGUST 1, 1953, WILL REMAIN IN EFFECT FOR ANY TRAVEL ORDER ISSUED PRIOR TO THAT DATE. HOWEVER, RELATIVE TO CIRCULAR A-8, FOREIGN OPERATIONS ADMINISTRATION ALL MISSION CIRCULAR USFCTO A-60, PROMULGATED APRIL 24, 1954, TO CLARIFY QUESTIONS CONCERNING THE GRANTING OF STORAGE ALLOWANCES-- SUCH AS HERE INVOLVED-- PROVIDES IN PART THAT EFFECTS ALREADY IN STORAGE ON DECEMBER 1, 1953, THE EFFECTIVE DATE OF TABLE II D THEREOF, MAY BE APPROVED BY THE AGENCY CONCERNED IN ACCORDANCE WITH THE FOLLOWING SPECIAL PROVISIONS, QUOTING FROM CIRCULAR A-60---

"1. STORAGE CHARGES WHICH WERE INCURRED PRIOR TO DECEMBER 1, 1953 UNDER THE "EMERGENCY TORAGE" PROVISIONS OF 1 FSM III 165 ARE NOT AFFECTED BY THIS RELEASE. * * *

"2. STORAGE CHARGES INCURRED DURING THE PERIOD JULY 1, 1953, THROUGH NOVEMBER 30, 1953, OTHER THAN UNDER THE EMERGENCY STORAGE PROVISIONS MAY BE ALLOWED FROM UNITED STATES GOVERNMENT FUNDS FOR AN AMOUNT REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT AUTHORIZED TO BE SHIPPED AND THE TOTAL AMOUNT ACCORDING TO THE WEIGHT LIMITATIONS IN EFFECT ON JULY 1, 1953, OR AS OF THE DATE STORAGE WAS COMMENCED, WHICHEVER DATE IS LATER.'

AS TO STORAGE EXPENSES INCURRED WITHOUT PRIOR AUTHORIZATION, THE CIRCULAR A-60 PROVIDES THAT WRITTEN APPROVAL BY AN AUTHORIZED OFFICER MAY BE SIGNED ON THE VOUCHER OR ON A COMMUNICATION ATTACHED TO THE VOUCHER; HENCE, THE ABOVE-QUOTED PARAGRAPH 2 APPEARS APPLICABLE HERE.

THE STORAGE OF MR. WHITE'S EFFECTS AT OKLAHOMA CITY HAVING COMMENCED ON NOVEMBER 13, 1953, THE COSTS HE CLAIMS ARE SUBJECT TO THE WEIGHT LIMITATIONS IN EFFECT ON NOVEMBER 13, 1953. THE RECORD INDICATES THAT THEREAFTER NONE OF SUCH EFFECTS WERE WITHDRAWN FROM STORAGE FOR SHIPMENT TO HIS DUTY STATION OVERSEAS. IT APPEARS THAT SUCH CONTINUOUS STORAGE, AS CLAIMED, AS IN ACCORDANCE WITH THE PROVISIONS OF THE FOREIGN SERVICE REGULATIONS, 1 FSM III 161.1, AND 180 FSTR 2.24 AND 5.31, IN EFFECT AT THE TIME, AND CONFORMED TO THE THEN CURRENT POLICY OF THE FOREIGN OPERATIONS ADMINISTRATION TO STORE AN EMPLOYEE'S PERSONAL EFFECTS-- NOT IN EXCESS OF THE APPLICABLE WEIGHT LIMITATION-- RATHER THAN SHIP LARGE AMOUNTS THEREOF OVERSEAS WHEN THERE WOULD BE A CONSIDERABLE SAVING OF EXPENSES. FURTHER, IT APPEARS THAT THE AMOUNTS OF HIS EFFECTS IN STORAGE, AS DESCRIBED ON THE RECEIPTED BILL WITH THE VOUCHER, DID NOT EXCEED THE CUBIC-FOOT LIMITATIONS PRESCRIBED IN THE REGULATION 180 FSTR 5.301 FOR EMPLOYEES OF MR. WHITE'S SALARY CLASS AT THE TIME INVOLVED.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH, MAY, UPON PROPER APPROVAL THEREOF IN ACCORDANCE WITH THE DEPARTMENTAL FISCAL REGULATION (7 A.R. 539), BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.