B-70309, DECEMBER 4, 1947, 27 COMP. GEN. 313

B-70309: Dec 4, 1947

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ARE APPLICABLE TO THE JUDICIAL BRANCH. SO THAT A FEDERAL JUDGE APPOINTED FOR OVERSEAS DUTY MAY BE REGARDED AS A NEW APPOINTEE ON WHOSE ACCOUNT APPROPRIATIONS FOR THE COURTS ARE AVAILABLE FOR PAYMENT OF SUCH EXPENSES OF TRAVEL AND TRANSPORTATION. 1947: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. AS FOLLOWS: WE HAVE RECEIVED A LETTER FROM THE HONORABLE DAVID CHAVEZ. ASKING WHETHER THERE ARE ANY PROVISIONS FOR PAYMENT BY THE GOVERNMENT OF TRANSPORTATION EXPENSES FOR HIMSELF. I SHALL APPRECIATE YOUR ADVICE AS TO WHETHER THE APPROPRIATIONS OF THE COURTS ARE AVAILABLE FOR PAYMENT OF THESE EXPENSES IN INSTANCES WHERE NEW APPOINTEES IN THE JUDICIAL BRANCH OF THE GOVERNMENT ARE REQUIRED TO TRAVEL FROM PLACES OF ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE OF THE CONTINENTAL UNITED STATES.

B-70309, DECEMBER 4, 1947, 27 COMP. GEN. 313

TRAVELING EXPENSES; TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - FEDERAL JUDGES APPOINTED FOR OVERSEAS DUTY THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, MAKING ,APPROPRIATIONS FOR THE DEPARTMENTS" AVAILABLE FOR EXPENSES OF TRAVEL AND TRANSPORTATION OF NEW APPOINTEES, THEIR FAMILIES AND HOUSEHOLD EFFECTS TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, WHEN CONSIDERED IN THE LIGHT OF THE DEFINITION OF THE WORD "DEPARTMENT" IN SECTION 18 OF THE ACT, ARE APPLICABLE TO THE JUDICIAL BRANCH, SO THAT A FEDERAL JUDGE APPOINTED FOR OVERSEAS DUTY MAY BE REGARDED AS A NEW APPOINTEE ON WHOSE ACCOUNT APPROPRIATIONS FOR THE COURTS ARE AVAILABLE FOR PAYMENT OF SUCH EXPENSES OF TRAVEL AND TRANSPORTATION, PROVIDED HE AGREES IN WRITING TO REMAIN IN OFFICE FOR ONE YEAR.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, DECEMBER 4, 1947:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1947, AS FOLLOWS:

WE HAVE RECEIVED A LETTER FROM THE HONORABLE DAVID CHAVEZ, JR., UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF PUERTO RICO, ASKING WHETHER THERE ARE ANY PROVISIONS FOR PAYMENT BY THE GOVERNMENT OF TRANSPORTATION EXPENSES FOR HIMSELF, HIS IMMEDIATE FAMILY, AND HIS HOUSEHOLD EFFECTS FROM SANTA FE, NEW MEXICO (HIS ACTUAL RESIDENCE AT THE TIME OF HIS APPOINTMENT AS DISTRICT JUDGE) TO HIS OFFICIAL HEADQUARTERS AT SAN JUAN, PUERTO RICO. IN VIEW OF THE PROVISIONS OF SECTION 7 OF PUBLIC LAW 600, 79TH CONGRESS, 2ND SESSION, APPROVED AUGUST 2, 1946, I SHALL APPRECIATE YOUR ADVICE AS TO WHETHER THE APPROPRIATIONS OF THE COURTS ARE AVAILABLE FOR PAYMENT OF THESE EXPENSES IN INSTANCES WHERE NEW APPOINTEES IN THE JUDICIAL BRANCH OF THE GOVERNMENT ARE REQUIRED TO TRAVEL FROM PLACES OF ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE OF THE CONTINENTAL UNITED STATES.

SECTION 7 OF PUBLIC LAW 600, APPROVED AUGUST 2, 1946, 60 STAT. 808, PROVIDES THAT APPROPRIATIONS FOR THE DEPARTMENTS (OTHER THAN THOSE FOR THE FOREIGN SERVICE, STATE DEPARTMENT) SHALL BE AVAILABLE, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL AND TRANSPORTATION IN THE CASE OF NEW APPOINTEES, FOR THEMSELVES, THEIR FAMILIES, AND 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 SUCH PLACES TO THE PLACE OF THEIR ACTUAL RESIDENCE AT TIME OF ASSIGNMENT TO DUTY ABROAD. AS A CONDITION TO THE ALLOWANCE OF SUCH EXPENSES IT IS REQUIRED THAT SUCH NEW APPOINTEES SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR ONE YEAR FOLLOWING THEIR APPOINTMENT UNLESS SEPARATED FOR REASONS BEYOND THEIR CONTROL.

AT THIS POINT, THERE IS FOR CONSIDERATION WHETHER, FOR THE PURPOSE OF THIS CASE, APPROPRIATIONS FOR THE COURTS COME WITHIN THE PURVIEW OF THE TERM,"APPROPRIATIONS FOR THE DEPARTMENTS," AS USED IN SECTION 7 OF PUBLIC LAW 600, SUPRA. IN THAT CONNECTION IT IS PROVIDED IN SECTION 18 OF THE SAID ACT THAT THE WORD "DEPARTMENT" AS USED THEREIN SHALL BE CONSTRUED AS INCLUDING INDEPENDENT ESTABLISHMENTS, OTHER AGENCIES, WHOLLY-OWNED GOVERNMENT CORPORATIONS, AND THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT SPECIFICALLY EXCLUDES THE SENATE, HOUSE OF REPRESENTATIVES, AND THE OFFICE OF THE ARCHITECT OF THE CAPITOL, OR THE OFFICERS OR EMPLOYEES THEREOF. IN THE LIGHT OF THAT DEFINITION OF THE WORD,"DEPARTMENT," AS USED IN THE ACT IT APPEARS REASONABLY CLEAR THAT THE PROVISIONS OF SECTION 7 OF PUBLIC LAW 600 ARE APPLICABLE TO THE JUDICIAL BRANCH OF THE GOVERNMENT, AND THAT A FEDERAL JUDGE APPOINTED TO FOREIGN DUTY BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, IS A "NEW APPOINTEE" WITHIN THE MEANING OF THAT TERM AS USED THEREIN.

ACCORDINGLY, SUBJECT TO THE CONDITIONS SPECIFIED IN SAID SECTION 7 OF THE ACT, THE SPECIFIC QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.