B-134155, NOV. 12, 1957

B-134155, NOV. 12, 1957

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

YOUR LETTER OF OCTOBER 18, 1957, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER IN FAVOR OF MR. SAMUEL H. WORK, AN AGRICULTURAL ATTACHE FOR THE DEPARTMENT OF AGRICULTURE, IN THE AMOUNT OF $525.65, COVERING PER DIEM AND TRANSPORTATION EXPENSES INCIDENT TO THE TRAVEL OF HIS SON, DAVID L. WORK, FROM SANTIAGO, CHILE TO WASHINGTON, D.C., DURING THE PERIOD SEPTEMBER 11-13, 1956.

THE RECORD SHOWS THAT DAVID WORK, UPON COMPLETION OF HIS THIRD YEAR OF HIGH SCHOOL IN THE UNITED STATES, TRAVELED TO SANTIAGO, CHILE UNDER APPROVED GOVERNMENT TRAVEL AUTHORIZATION, TO JOIN HIS PARENTS WHO WERE STATIONED THERE, AND ARRIVED IN SANTIAGO ON JUNE 28, 1956. BECAUSE OF CROWDED AND INADEQUATE HIGH SCHOOL FACILITIES IN SANTIAGO, IT WAS DECIDED THAT DAVID WORK SHOULD RETURN TO THE UNITED STATES TO COMPLETE HIS HIGH SCHOOL EDUCATION.

PERSONNEL ASSIGNED ABROAD UNDER THE AGRICULTURAL ATTACHE PROGRAM, 68 STAT. 908, AS AMENDED, ARE AUTHORIZED ALLOWANCES AND BENEFITS UNDER TITLE IX OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1025, AS AMENDED.

SECTION 10 (B) APPEARING AT 69 STAT. 27, AMENDS SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 BY ADDING THE FOLLOWING LANGUAGE:

"/IV) THAT EXTRAORDINARY AND NECESSARY EXPENSES, NOT OTHERWISE COMPENSATED FOR, MUST BE INCURRED BY AN OFFICER OR EMPLOYEE OF THE SERVICE, BY REASON OF HIS SERVICE ABROAD, IN PROVIDING FOR ADEQUATE ELEMENTARY AND SECONDARY EDUCATION FOR HIS DEPENDENTS; ALLOWANCES UNDER THIS SUBPARAGRAPH FOR ANY POST SHALL NOT EXCEED THE COST OF OBTAINING SUCH EDUCATIONAL SERVICES AS ARE ORDINARILY PROVIDED WITHOUT CHARGE BY THE PUBLIC SCHOOLS OF THE UNITED STATES PLUS, IN THOSE CASES WHERE ADEQUATE SCHOOLS ARE NOT AVAILABLE AT THE POST, BOARD AND ROOM AND PERIODIC TRANSPORTATION BETWEEN THE POST AND THE NEAREST LOCALITY WHERE ADEQUATE SCHOOLS ARE AVAILABLE; * * *.'

EXECUTIVE ORDER NO. 10624 PROVIDES THAT RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE UNDER AUTHORITY VESTED IN HIM BY TITLE IX OF THE FOREIGN SERVICE ACT OF 1946 SHALL APPLY TO AGRICULTURAL ATTACHES.

PURSUANT TO 69 STAT. 27, 1 FSM III 125.33; TL:A-331 (IN EFFECT AT THAT TIME) PROVIDED:

"THE DEPARTMENT MAY AUTHORIZE THE TRAVEL OF ELIGIBLE DEPENDENT CHILDREN FROM THE EMPLOYEE'S FOREIGN POST TO THE UNITED STATES PORT OF ENTRY TO OBTAIN A SECONDARY OR COLLEGE EDUCATION, AND FROM THE UNITED STATES PORT OF EXIT TO THE EMPLOYEE'S FOREIGN POST OF ASSIGNMENT, SUBJECT TO THE FOLLOWING CONDITIONS:

"A. THE CHILD MUST HAVE RESIDED AT THE EMPLOYEE'S PRESENT POST OF ASSIGNMENT NOT LESS THAN 90 DAYS. * * *"

MR. SAMUEL H. WORK REQUESTED TRAVEL AUTHORIZATION, UNDER THE AFOREMENTIONED REGULATION, FOR HIS SON DAVID WORK TO LEAVE SANTIAGO ON SEPTEMBER 11, 1956 TO RETURN TO THE UNITED STATES TO COMPLETE HIS HIGH SCHOOL EDUCATION. THE REQUEST WAS DENIED BECAUSE DAVID WORK WOULD NOT HAVE RESIDED IN SANTIAGO FOR A PERIOD OF 90 DAYS, AS REQUIRED BY THE AFOREMENTIONED REGULATION, BUT FOR A LESSER PERIOD OF 75 DAYS.

THE RECORD INDICATES THAT THE ORIGINAL DATE OF DEPARTURE OF DAVID WORK FROM THE UNITED STATES WAS DELAYED BECAUSE OF THE CANCELLATION OF HIS RESERVATION. HOWEVER, WE HAVE INFORMALLY ASCERTAINED THAT IF THE ORIGINAL DATE OF DEPARTURE HAD BEEN MET, DAVID WORK WOULD NOT HAVE ARRIVED IN SANTIAGO IN TIME TO FULFILL THE 90 DAY RESIDENCE REQUIREMENT.

THE AFOREMENTIONED REGULATION EXPRESSLY PROVIDES THAT THE CHILD MUST HAVE RESIDED IN THE PRESENT POST OF ASSIGNMENT OF HIS PARENT FOR A PERIOD NOT LESS THAN 90 DAYS. THE AUTHORITY TO PRESCRIBE THE CONDITIONS UNDER WHICH THE TRAVEL OF ELIGIBLE DEPENDENT CHILDREN FROM THE EMPLOYEE'S FOREIGN POST TO THE UNITED STATES PORT OF ENTRY TO OBTAIN A SECONDARY OR COLLEGE EDUCATION MAY BE AUTHORIZED IS VESTED BY LAW IN THE SECRETARY OF STATE. CONSEQUENTLY, OUR OFFICE MAY NOT WAIVE THE CONDITIONS PRESCRIBED BY HIM IN ORDER TO MAKE PAYMENTS FOR SUCH TRANSPORTATION TO PERSONNEL WHO HAVE FAILED, IN ANY MANNER, TO QUALIFY FOR PAYMENTS UNDER THE REGULATION.

ACCORDINGLY, SINCE DAVID WORK DID NOT MEET THE RESIDENCE REQUIREMENT THE VOUCHER TRANSMITTED WITH YOUR LETTER MAY NOT PROPERLY BE CERTIFIED FOR PAYMENT.