B-140334, OCT. 4, 1961

B-140334: Oct 4, 1961

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THE EMPLOYEES REFERRED TO IN THE LETTER WERE ASSIGNED TO THE PHILIPPINES PRIOR TO THE ENACTMENT OF THE ACT OF JULY 28. 38 U.S.C. 325 (PUBLIC LAW 86-116) AND NOW HAVE OR WILL SOON COMPLETE THEIR REQUIRED TWO-YEAR TOUR OF DUTY AND BE GIVEN AN ADDITIONAL TOUR OF DUTY AT MANILA. AUTHORITY TO REGULATE CONCERNING PARAGRAPH 6 OF 38 U.S.C. 235A (ALSO RELATING TO THE TRANSPORTATION OF AUTOMOBILES) WAS DELEGATED TO THE SECRETARY OF STATE. WE SEE NO LEGAL OBJECTION TO EXTENDING THE BENEFITS OF SECTION 913 TO THOSE OFFICERS AND EMPLOYEES OF THE VETERANS ADMINISTRATION WHO ARE GIVEN ADDITIONAL TWO- YEAR TOURS OF DUTY AT THE VETERANS ADMINISTRATION REGIONAL OFFICE (MANILA).

B-140334, OCT. 4, 1961

TO ADMINISTRATOR, VETERANS ADMINISTRATION:

ON AUGUST 22, 1961, THE DEPUTY ADMINISTRATOR REQUESTED OUR DECISION WHETHER THE TRAVEL AUTHORIZATION WHICH INCLUDES AUTHORITY FOR TRANSPORTATION OF EFFECTS FOR EMPLOYEES OF THE VETERANS ADMINISTRATION ASSIGNED TO THE REGIONAL OFFICE IN THE REPUBLIC OF THE PHILIPPINES CONSTITUTES AUTHORITY FOR THE TRANSPORTATION OVERSEAS OF ONE PRIVATELY OWNED AUTOMOBILE AT GOVERNMENT EXPENSE.

THE EMPLOYEES REFERRED TO IN THE LETTER WERE ASSIGNED TO THE PHILIPPINES PRIOR TO THE ENACTMENT OF THE ACT OF JULY 28, 1959, 38 U.S.C. 325 (PUBLIC LAW 86-116) AND NOW HAVE OR WILL SOON COMPLETE THEIR REQUIRED TWO-YEAR TOUR OF DUTY AND BE GIVEN AN ADDITIONAL TOUR OF DUTY AT MANILA. UPON THE EXECUTION OF AN AGREEMENT FOR AN ADDITIONAL TWO-YEAR TOUR OF DUTY THE DEPUTY ADMINISTRATOR BELIEVES THAT THESE EMPLOYEES WOULD BE ENTITLED UNDER PUBLIC LAW TO TRANSPORT ONE AUTOMOBILE TO THE PHILIPPINES AT GOVERNMENT EXPENSE.

THE ACT OF JULY 28, 1959, SUBJECT TO IMPLEMENTATION BY REGULATIONS OF THE PRESIDENT OR HIS DESIGNEE, GRANTS TO VETERANS ADMINISTRATION EMPLOYEES ASSIGNED IN THE REPUBLIC OF THE PHILIPPINES ALLOWANCES AND BENEFITS SIMILAR TO THOSE PROVIDED UNDER CERTAIN SECTIONS OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED, INCLUDING SECTION 913 OF THAT ACT, 22 U.S.C. 1138, RELATING TO TRANSPORTATION OF AUTOMOBILES. BY EXECUTIVE ORDER NO. 10853, OF NOVEMBER 27, 1959, AUTHORITY TO REGULATE CONCERNING PARAGRAPH 6 OF 38 U.S.C. 235A (ALSO RELATING TO THE TRANSPORTATION OF AUTOMOBILES) WAS DELEGATED TO THE SECRETARY OF STATE.

THE ASSISTANT SECRETARY OF STATE ACTING PURSUANT TO THE DELEGATED AUTHORITY, REGULATED THAT THE OFFICERS AND EMPLOYEES COVERED BY PUBLIC LAW 86-116 MAY BE GRANTED AND PAID THE BENEFITS AUTHORIZED BY THAT ACT TO THE EXTENT OTHERWISE AUTHORIZED BY LAW AND WITHIN THE SCOPE OF THE FOREIGN SERVICE MANUAL. THE FOREIGN SERVICE MANUAL PROVIDES FOR THE TRANSPORTATION OF ONE AUTOMOBILE FOR OR ON BEHALF OF AN OFFICER OR EMPLOYEE OF THE FOREIGN SERVICE.

THEREFORE, IN VIEW OF THE PROVISIONS OF SECTION 913 OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED BY PUBLIC LAW 86-707, THE AUTHORITY OF PUBLIC LAW 86-616, AS IMPLEMENTED BY THE REGULATIONS OF DECEMBER 9, 1959, AND THE APPLICABLE PROVISIONS OF THE FOREIGN SERVICE MANUAL, WE SEE NO LEGAL OBJECTION TO EXTENDING THE BENEFITS OF SECTION 913 TO THOSE OFFICERS AND EMPLOYEES OF THE VETERANS ADMINISTRATION WHO ARE GIVEN ADDITIONAL TWO- YEAR TOURS OF DUTY AT THE VETERANS ADMINISTRATION REGIONAL OFFICE (MANILA). COMPARE 38 COMP. GEN. 653.