B-160913, MAR. 20, 1967

B-160913: Mar 20, 1967

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WE UNDERSTAND THE TRAVEL WILL BE INCIDENT TO THE HOME LEAVE TRIP BY MR. FOR WHICH HE WILL BECOME ELIGIBLE IN APRIL 1967. IS IN PERTINENT PART AS FOLLOWS: " "IMMEDIATE FAMILY" MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEES HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION: SPOUSE. THAT DEFINITION IS APPLICABLE TO ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER SECTION 7.2 OF ATTACHMENT A. A SIMILAR MATTER WAS DECIDED JULY 26. THAT THE STATUS OF A MEMBER OF A HOUSEHOLD IN TERMS OF DEPENDENCY OR A RELATIONSHIP FOR WHICH A GIVEN LAW MAY SPECIFY A LEGAL OBLIGATION IS NOT OF ITSELF THE CRITERION BY WHICH AUTHORITY FOR PAYMENT OF TRANSPORTATION EXPENSES IS DETERMINED.

B-160913, MAR. 20, 1967

TO LIBRARIAN OF CONGRESS:

WE REFER TO YOUR LETTER OF FEBRUARY 17, 1967, AND ENCLOSURES, ALSO TO THE PAPERS WE RECEIVED ON MARCH 2, ASKING WHETHER THE GOVERNMENT CAN PAY THE EXPENSES OF TRAVEL OF THE LEGAL WARD OF JOHN C. CRAWFORD FROM HIS OFFICIAL STATION, NEW DELHI, INDIA, TO THE UNITED STATES. WE UNDERSTAND THE TRAVEL WILL BE INCIDENT TO THE HOME LEAVE TRIP BY MR. CRAWFORD BEFORE SERVING ANOTHER AGREED-TO TOUR OF DUTY OVERSEAS, FOR WHICH HE WILL BECOME ELIGIBLE IN APRIL 1967.

THE DEFINITION OF IMMEDIATE FAMILY FOR PURPOSES OF TRAVEL AND TRANSPORTATION UNDER 5 U.S.C. 5728 (FORMERLY 5 U.S.C. 73B-3 (A) (, AS CONTAINED IN SECTION 1.2D OF ATTACHMENT A TO BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, IS IN PERTINENT PART AS FOLLOWS:

" "IMMEDIATE FAMILY" MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEES HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION: SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SUPPORTING THEMSELVES REGARDLESS OF AGE * * *.'

THAT DEFINITION IS APPLICABLE TO ALLOWANCES FOR TRAVEL AND TRANSPORTATION UNDER SECTION 7.2 OF ATTACHMENT A, RELATING TO ROUND TRIP TRAVEL FOR LEAVE PURPOSES.

A SIMILAR MATTER WAS DECIDED JULY 26, 1960, B-143063, CONCERNING A TEMPORARY WARD OF A FOREIGN SERVICE RESERVE OFFICER INCIDENT TO TRAVEL PERFORMED UNDER THE FOREIGN SERVICE ACT. THEREIN WE SAID, IN PART, THAT THE STATUS OF A MEMBER OF A HOUSEHOLD IN TERMS OF DEPENDENCY OR A RELATIONSHIP FOR WHICH A GIVEN LAW MAY SPECIFY A LEGAL OBLIGATION IS NOT OF ITSELF THE CRITERION BY WHICH AUTHORITY FOR PAYMENT OF TRANSPORTATION EXPENSES IS DETERMINED. ALSO, SEE B-160342, DATED DECEMBER 27, 1966; COMPARE B-135091 DATED MARCH 4, 1958.

AS TO MR. CRAWFORD'S LETTER OF JANUARY 4, 1967, AND ENCLOSURE, THE DEFINITION OF "DEPENDENT" AS CONTAINED IN SECTION 152 (B) (2) OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED AT 73 STAT. 699, IS NOT APPROPRIATE AUTHORITY FOR AUTHORIZING OR APPROVING TRAVEL OF HIS WARD AT THE EXPENSE OF THE GOVERNMENT.

THEREFORE, PAYMENT WOULD NOT BE PROPER COVERING THE TRAVEL EXPENSES OF HIS LEGAL WARD. HOWEVER, WE MAY POINT OUT THAT ON AND AFTER THE DATE OF COMPLETION OF THE FORMAL ADOPTION PROCEDURES WHICH HE APPARENTLY INTENDS TO FULFILL WHILE ON LEAVE IN THE UNITED STATES, EXPENSES OF FURTHER TRAVEL BY SUCH AN ADOPTED CHILD IN ACCORDANCE WITH SECTION 7 OF THE CITED REGULATIONS--- INCLUDING THE RETURN TRAVEL TO THE OVERSEAS POST OF DUTY--- MAY BE AUTHORIZED OR APPROVED IN THE USUAL MANNER, IF OTHERWISE PROPER. COMPARE B-128245, DATED JULY 24, 1956.