B-99908, DECEMBER 28, 1950, 30 COMP. GEN. 251

B-99908, DECEMBER 28, 1950, 30 COMP. GEN. 251

TRAVEL AND TRANSPORTATION EXPENSES - APPOINTEES AND TRANSFEREES ASSIGNED TO FOREIGN DUTY STATIONS - RETURN TO U.S. THE REQUIREMENT IN THE ADMINISTRATIVE EXPENSES ACT OF 1946 AS AMENDED BY THE ACT OF SEPTEMBER 23, 1950, THAT THERE BE ADMINISTRATIVELY DETERMINED IN ADVANCE THE PERIOD OF FOREIGN SERVICE NECESSARY TO ENTITLE A TRANSFEREE OR NEW APPOINTEE TO RETURN TRAVEL AND TRANSPORTATION DOES NOT APPLY TO AN EMPLOYEE TRANSFERRED WITHOUT SUCH DETERMINATION PRIOR TO THE EFFECTIVE DATE OF THE AMENDING ACT, SO THAT AN EMPLOYEE SO TRANSFERRED WHO RESIGNS AFTER COMPLETING A TERM OF SERVICE AS NOW MAY BE ADMINISTRATIVELY DETERMINED, BUT NOT LESS THAN ONE YEAR, IS ENTITLED TO RETURN TRAVEL AND TRANSPORTATION AT GOVERNMENT EXPENSE AND MAY INCLUDE ALL SERVICE ON OR AFTER THE EFFECTIVE DATE OF THE 1950 ACT IN COMPUTING SUCH TERM OF SERVICE. WHILE THE ADMINISTRATIVE EXPENSES ACT OF 1946 AS AMENDED BY THE ACT OF SEPTEMBER 23, 1950, PROVIDES FOR A MINIMUM PERIOD OF SERVICE BEFORE EMPLOYEES ASSIGNED TO FOREIGN DUTY STATIONS BECOME ENTITLED TO RETURN TRAVEL AND TRANSPORTATION EXPENSES, NEW APPOINTEES ASSIGNED TO FOREIGN POSTS OF DUTY FOR 12 MONTHS OR OTHER DEFINITE PERIODS AGREED UPON PRIOR TO THE EFFECTIVE DATE OF SAID AMENDING ACT MAY BE RETURNED AT GOVERNMENT EXPENSE WHEN ALL COMMITMENT CONDITIONS EXISTING AT TIME OF INITIAL APPOINTMENT HAVE BEEN FULFILLED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, DECEMBER 28, 1950:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5 RELATING TO ALLOWANCE OF RETURN TRAVEL AND TRANSPORTATION EXPENSES OF CERTAIN TRANSFEREES AND NEW APPOINTEES ASSIGNED TO FOREIGN DUTY STATIONS PRIOR TO THE AMENDMENTS TO SECTIONS 1 AND 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, BY THE ACT OF SEPTEMBER 23, 1950, PUBLIC LAW 830, 81ST CONGRESS, AND NOW SERVING AT THE FOREIGN DUTY STATIONS.

SECTION 1 (B) OF PUBLIC LAW 830, SUPRA, 64 STAT. 985, ADDED A NEW PROVISO TO SUBSECTION (A) OF SECTION 1 OF THE ACT OF AUGUST 2, 1946, SUPRA, PLACING TRANSFEREES ASSIGNED TO FOREIGN POSTS OF DUTY UPON THE SAME FOOTING, WITH RESPECT TO EXPENSES OF TRAVEL AND TRANSPORTATION, AS NEW APPOINTEES UNDER SECTION 7 OF THE LATTER ACT. SECTION 2 OF PUBLIC LAW 830, 64 STAT. 985, CONTAINS SUBSTANTIALLY THE SAME LANGUAGE AS SECTION 7 OF PUBLIC LAW 600--- WHICH IT AMENDS--- SO FAR AS OUTGOING EXPENSES ARE CONCERNED. SAID SECTION 2 ALSO CONTAINS A NEW PROVISO TO THE EFFECT, IN PART, THAT EXPENSES OF RETURN TRAVEL AND TRANSPORTATION UPON SEPARATION FROM THE SERVICE SHALL BE ALLOWED WHETHER THE SEPARATION IS FOR THE PURPOSES OF THE GOVERNMENT OR FOR PERSONAL CONVENIENCE, BUT ONLY AFTER THE EMPLOYEE SHALL HAVE SERVED A MINIMUM PERIOD OF NOT LESS THAN ONE YEAR NOR MORE THAN THREE YEARS PRESCRIBED IN ADVANCE BY THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED.

YOU STATE THAT, IN CARRYING OUT FOREIGN OPERATIONS OF YOUR DEPARTMENT, RECRUITMENT OF PERSONNEL HAS BEEN ACCOMPLISHED THROUGH THE TRANSFER OF CAREER EMPLOYEES AND THE APPOINTMENT OF INDIVIDUALS FOR LIMITED TIMES, USUALLY ONE YEAR; THAT NEW APPOINTEES HAVE BEEN REQUIRED TO EXECUTE AGREEMENTS FOR SERVICE OF 12 MONTHS OR OTHER DEFINITE PERIODS AS A CONDITION FOR PAYMENT OF EXPENSES TO FOREIGN POSTS; THAT SUCH CONDITION HAS NOT BEEN IMPOSED AGAINST ALL TRANSFERRED EMPLOYEES; AND THAT THE REQUIREMENT OF PUBLIC LAW 830 THAT THERE BE PRESCRIBED "IN ADVANCE" BY THE HEAD OF THE DEPARTMENT THE PERIOD OF FOREIGN SERVICE NECESSARY IN ORDER TO ENTITLE THE TRANSFEREE OR NEW APPOINTEE TO RETURN TRAVEL AND TRANSPORTATION CREATES SOME QUESTION AS TO THE ALLOWANCE OF SUCH RETURN EXPENSES TO EMPLOYEES TRANSFERRED TO FOREIGN POSTS OF DUTY PRIOR TO EXECUTIVE ORDER 10177, DATED OCTOBER 27, 1950, RETROACTIVELY EFFECTIVE TO SEPTEMBER 23, 1950.

DECISION IS REQUESTED AS TO (A) WHETHER APPROPRIATED FUNDS MAY BE USED TO PAY RETURN TRAVEL AND TRANSPORTATION EXPENSES IN CASE OF AN EMPLOYEE TRANSFERRED TO A FOREIGN POST PRIOR TO SEPTEMBER 23, 1950, WHO RESIGNS AFTER COMPLETION OF SUCH TERM OF FOREIGN SERVICE AS MAY NOT BE DETERMINED BY THE DEPARTMENT, AND (B) WHETHER THE FOREIGN SERVICE TERM INCLUDES THE TIME COMPLETED PRIOR TO SUCH DETERMINATION. AS TO NEW APPOINTEES ASSIGNED TO FOREIGN POSTS PRIOR TO SEPTEMBER 23, 1950, YOU STATE THAT IT IS ASSUMED THAT COMMITMENTS AND UNDERSTANDINGS EXISTING AT THE TIME OF APPOINTMENT WILL BE HONORED AND THAT SUCH APPOINTEES ARE ELIGIBLE TO HAVE RETURN EXPENSES PAID WHEN ALL CONDITIONS IMPOSED AT THE TIME OF INITIAL APPOINTMENT HAVE BEEN FULFILLED.

THE REQUIREMENT OF ADVANCE DETERMINATION OF THE PERIOD OF SERVICE NECESSARY IN ORDER TO ENTITLE THE EMPLOYEE TO RETURN AT GOVERNMENT EXPENSE UNQUESTIONABLY WAS INCORPORATED IN THE LAW FOR THE PURPOSE OF REMOVING ANY DOUBT, PRIOR TO THE ASSIGNMENT, AS TO THE PERIOD OF TIME THE EMPLOYEE MUST SERVE IN ORDER TO BE ENTITLED TO RETURN TRAVEL AND TRANSPORTATION AT GOVERNMENT EXPENSE. SUCH PROVISION OF LAW OPERATES AS A PROTECTION TO BOTH THE GOVERNMENT AND THE EMPLOYEE. HOWEVER, THE FACT THAT EMPLOYEES WERE TRANSFERRED TO FOREIGN POSTS PRIOR TO SEPTEMBER 23, 1950, THE EFFECTIVE DATE OF PUBLIC LAW 830, DOES NOT PREVENT SUCH EMPLOYEES FROM BEING RETURNED TO THE UNITED STATES UPON RESIGNATION AFTER COMPLETION OF THE TERM OF SERVICE, NOT LESS THAN ONE YEAR, AS MAY NOW BE DETERMINED BY THE DEPARTMENT, PURSUANT TO THE AUTHORITY CONTAINED IN PUBLIC LAW 830. ALSO, IN COMPUTING THE ALLOWABLE SERVICE COMPRISING THE PERIOD SO DETERMINED, ALL SERVICE PRIOR TO THE DETERMINATION, BUT ON OR SUBSEQUENT TO SEPTEMBER 23, 1950, MAY BE INCLUDED. QUESTIONS (A) AND (B) ARE ANSWERED ACCORDINGLY.

AS TO NEW APPOINTEES ASSIGNED TO FOREIGN POSTS OF DUTY PRIOR TO SEPTEMBER 23, 1950, THIS OFFICE CONCURS IN YOUR VIEW THAT COMMITMENTS AND UNDERTAKINGS FOR RETURN OF THE EMPLOYEES AFTER 12 MONTHS, OR OTHER DEFINITE PERIODS AGREED UPON, ARE FOR HONORING BY YOUR DEPARTMENT. SEE GENERALLY 30 COMP. GEN. 84.