B-99366, DECEMBER 7, 1950, 30 COMP. GEN. 231

B-99366: Dec 7, 1950

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THAT HIS ACTUAL RESIDENCE AT THE TIME OF THE APPOINTMENT WAS IN THE CONTINENTAL UNITED STATES. 1950: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9. OTHERWISE HAVE BEEN SATISFIED. THE QUESTION POSED BY YOUR LETTER IS UNDERSTOOD TO ARISE FROM THE LANGUAGE USED IN THE SECOND PROVISO OF SECTION 7 OF PUBLIC LAW 600. IT MAY BE SAID THAT THE SECOND PROVISO OF THE AMENDED SECTION DOES REQUIRE THE ALLOWANCE OF EXPENSES OF RETURN TRAVEL AND TRANSPORTATION WHERE THE CONDITIONS OF THE APPLICABLE LAW AND REGULATIONS HAVE BEEN SATISFIED. WHO CLAIM RESIDENCE IN THE CONTINENTAL UNITED STATES ARE ENTITLED AS A MATTER OF RIGHT TO ALLOWANCE OF THE EXPENSES OF RETURN TRAVEL AND TRANSPORTATION WOULD DEPEND UPON THEIR ESTABLISHING A FACT THAT THEIR ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT WAS IN THE CONTINENTAL UNITED STATES.

B-99366, DECEMBER 7, 1950, 30 COMP. GEN. 231

TRAVELING AND TRANSPORTATION EXPENSES - EMPLOYEES APPOINTED OUTSIDE CONTINENTAL U.S. - RETURN TO U.S. UPON SEPARATION WHILE, GENERALLY, SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, REQUIRES THE ALLOWANCE OF EXPENSES OF RETURN TRAVEL AND TRANSPORTATION OF EMPLOYEES TO THE CONTINENTAL UNITED STATES UPON THEIR SEPARATION FROM THE SERVICE, AN EMPLOYEE LOCALLY HIRED IN ALASKA WHO CLAIMS RESIDENCE IN THE CONTINENTAL UNITED STATES MUST ESTABLISH AS A FACT, BEFORE HE BECOMES ENTITLED AS A MATTER OF RIGHT TO ALLOWANCE OF THE EXPENSES OF RETURN TRAVEL AND TRANSPORTATION, THAT HIS ACTUAL RESIDENCE AT THE TIME OF THE APPOINTMENT WAS IN THE CONTINENTAL UNITED STATES.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, DECEMBER 7, 1950:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1950, REQUESTING A DECISION AS TO WHETHER, UNDER THE PROVISIONS OF PUBLIC LAW 830, APPROVED SEPTEMBER 23, 1950, 64 STAT. 985, AMENDING SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, PUBLIC LAW 600, 60 STAT. 806, THE CIVIL AERONAUTICS ADMINISTRATION WOULD BE COMPELLED TO ALLOW THE RETURN TRAVEL AND TRANSPORTATION EXPENSES (PRESUMABLY TO THE CONTINENTAL UNITED STATES) OF PERSONS LOCALLY HIRED IN ALASKA AND CLAIMING RESIDENCE IN THE UNITED STATES, ASSUMING THAT THE CONDITIONS OF SECTION 7, SUPRA, OTHERWISE HAVE BEEN SATISFIED.

THE QUESTION POSED BY YOUR LETTER IS UNDERSTOOD TO ARISE FROM THE LANGUAGE USED IN THE SECOND PROVISO OF SECTION 7 OF PUBLIC LAW 600, AS AMENDED BY PUBLIC LAW 830, SUPRA, WITH RESPECT TO THE ALLOWANCE OF EXPENSES OF RETURN TRAVEL AND TRANSPORTATION OF EMPLOYEES TO THE CONTINENTAL UNITED STATES UPON THEIR SEPARATION FROM THE SERVICE, WHICH LANGUAGE DIFFERS FROM THE LANGUAGE IN THE ADMINISTRATIVE EXPENSES ACT OF 1946, SUPRA--- THE LATTER ACT VESTING DISCRETIONARY AUTHORITY IN THE VARIOUS DEPARTMENTS AND AGENCIES TO ALLOW SUCH RETURN EXPENSES. GENERALLY, IT MAY BE SAID THAT THE SECOND PROVISO OF THE AMENDED SECTION DOES REQUIRE THE ALLOWANCE OF EXPENSES OF RETURN TRAVEL AND TRANSPORTATION WHERE THE CONDITIONS OF THE APPLICABLE LAW AND REGULATIONS HAVE BEEN SATISFIED. HOWEVER, AS TO WHETHER EMPLOYEES, LOCALLY HIRED IN ALASKA, WHO CLAIM RESIDENCE IN THE CONTINENTAL UNITED STATES ARE ENTITLED AS A MATTER OF RIGHT TO ALLOWANCE OF THE EXPENSES OF RETURN TRAVEL AND TRANSPORTATION WOULD DEPEND UPON THEIR ESTABLISHING A FACT THAT THEIR ACTUAL RESIDENCE AT THE TIME OF APPOINTMENT WAS IN THE CONTINENTAL UNITED STATES.