B-64099, MARCH 18, 1947, 26 COMP. GEN. 679

B-64099, MARCH 18, 1947, 26 COMP. GEN. 679

TRAVELING EXPENSES - CIVILIANS APPOINTED OR ASSIGNED TO DUTY OVERSEAS - RESIDENCE IN HAWAII AT TIME OF APPOINTMENT TO POST IN ALASKA IN THE ABSENCE OF ANY RESTRICTIVE PROVISION IN SECTION 7 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, AUTHORIZING PAYMENT OF EXPENSES OF TRAVEL OF NEW APPOINTEES TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, OR IN THE REGULATIONS PROMULGATED THEREUNDER, CONFINING PAYMENT OF SUCH EXPENSES TO PERSONS HAVING ACTUAL RESIDENCE IN THE CONTINENTAL UNITED STATES AT THE TIME OF APPOINTMENT, THE EXPENSES OF TRAVEL OF A NEW APPOINTEE--- A NURSE--- POSSESSING SPECIAL QUALIFICATIONS AND RESIDING IN HAWAII (AN ORGANIZED TERRITORY OF THE UNITED STATES) MAY BE PAID, WITHIN THE APPLICABLE REGULATIONS, TO A POST OF DUTY IN ALASKA, A POINT OUTSIDE OF CONTINENTAL UNITED STATES.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, MARCH 18, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 25, 1947, IN WHICH YOU REFER TO SECTION 7 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 808, AND REQUEST DECISION "WHETHER THE EXPENSES OF A NEW APPOINTEE (A NURSE) RESIDING IN HAWAII MAY BE PAID BY THE GOVERNMENT TO A POST OF DUTY IN ALASKA.'

SECTION 7 OF THE ACT OF AUGUST 2, 1946, SUPRA, PROVIDES:

APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF NEW APPOINTEES, EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND EXPENSES OF TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, AND FOR SUCH EXPENSES ON RETURN OF EMPLOYEES FROM THIER POSTS OF DUTY OUTSIDE CONTINENTAL UNITED STATES TO THE PLACES OF THEIR ACTUAL RESIDENCE, AT TIME OF ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED NEW APPOINTEES UNLESS AND UNTIL THE PERSON SELECTED FOR APPOINTMENT SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR THE TWELVE MONTHS FOLLOWING HIS APPOINTMENT, UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL. IN CASE OF A VIOLATION OF SUCH AGREEMENT ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF SUCH TRAVEL AND TRANSPORTATION SHALL BE CONSIDERED AS A DEBT DUE BY THE INDIVIDUAL CONCERNED TO THE UNITED STATES. THIS SECTION SHALL NOT APPLY TO APPROPRIATIONS FOR THE FOREIGN SERVICE, STATE DEPARTMENT.

WHILE, IN MOST INSTANCES, THE PERSONS APPOINTED FOR FOREIGN DUTY WOULD HAVE ACTUAL RESIDENCE WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES AT THE TIME OF APPOINTMENT, THERE IS NO SPECIFIC PROVISION IN THE STATUTE, OR IN THE REGULATIONS ISSUED PURSUANT THERETO, WHICH REQUIRES THAT PAYMENT OF EXPENSES TO FIRST DUTY STATION BE CONFINED TO THOSE INDIVIDUALS. THE CONGRESS IN THE PAST HAS SEEN FIT WHEN ENACTING LEGISLATION OF THE NATURE HERE INVOLVED, TO USE QUALIFYING LANGUAGE, SUCH AS "WITHIN THE CONTINENTAL UNITED STATES," OR OTHER WORDS TO LIKE EFFECT, WHERE IT WAS CONSIDERED NECESSARY OR DESIRABLE THAT THE COVERAGE OF A PARTICULAR STATUTE BE SO LIMITED. IN THE ABSENCE OF ANY SUCH RESTRICTIVE PROVISION, AND SINCE IT IS EVIDENT THAT THE GENERAL PURPOSE OF SECTION 7 OF PUBLIC LAW 600 IS TO FACILITATE RECRUITING OF PERSONNEL, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE PAYMENT OF EXPENSES, WITHIN THE APPLICABLE REGULATIONS, OF A NEW APPOINTEE, POSSESSING SPECIAL QUALIFICATIONS AND RESIDING IN HAWAII (AN ORGANIZED TERRITORY OF THE UNITED STATES), TO A POST OF DUTY IN ALASKA, A POINT OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.