B-136287, JAN. 31, 1961
Highlights
REQUESTED THAT WE CONSIDER AGAIN THE MATTER OF GRANTING RELIEF TO CERTAIN CERTIFYING OFFICERS OF THE DEPARTMENT OF STATE AGAINST WHOM EXCEPTIONS ARE OUTSTANDING BECAUSE OF THEIR HAVING IMPROPERLY CERTIFIED VOUCHERS RESULTING IN THE PAYMENT TO FOREIGN SERVICE PERSONNEL OF PORTERAGE FEES IN ADDITION TO PER DIEM ALLOWANCES. THE MATTER WAS THE SUBJECT OF OUR DECISION OF JULY 28. ONLY 18 FORMAL EXCEPTIONS REMAIN UNPAID AND THAT NONE OF THE TRAVELERS INVOLVED IN THOSE 18 EXCEPTIONS ARE NOW EMPLOYED BY THE DEPARTMENT OF STATE. WE ARE MINDFUL OF THE INEQUITY OF HOLDING CERTIFYING OFFICERS RESPONSIBLE FOR IMPROPER CERTIFICATIONS WHICH. WERE IN ACCORDANCE WITH THE THEN CURRENT FOREIGN SERVICE TRAVEL REGULATIONS.
B-136287, JAN. 31, 1961
TO THE SECRETARY OF STATE:
ON DECEMBER 29, 1960, THE FORMER ASSISTANT SECRETARY OF STATE, REQUESTED THAT WE CONSIDER AGAIN THE MATTER OF GRANTING RELIEF TO CERTAIN CERTIFYING OFFICERS OF THE DEPARTMENT OF STATE AGAINST WHOM EXCEPTIONS ARE OUTSTANDING BECAUSE OF THEIR HAVING IMPROPERLY CERTIFIED VOUCHERS RESULTING IN THE PAYMENT TO FOREIGN SERVICE PERSONNEL OF PORTERAGE FEES IN ADDITION TO PER DIEM ALLOWANCES. THE MATTER WAS THE SUBJECT OF OUR DECISION OF JULY 28, 1958, B-136287, TO THE FORMER SECRETARY OF STATE.
THE FORMER ASSISTANT SECRETARY ADVISES THAT OF APPROXIMATELY 1,300 FORMAL AND INFORMAL EXCEPTIONS AND COLLECTION LETTERS FILED IN THOSE PORTERAGE CASES, ONLY 18 FORMAL EXCEPTIONS REMAIN UNPAID AND THAT NONE OF THE TRAVELERS INVOLVED IN THOSE 18 EXCEPTIONS ARE NOW EMPLOYED BY THE DEPARTMENT OF STATE.
WE FULLY APPRECIATE THE CONSCIENTIOUS AND EFFECTIVE ACTION TAKEN BY YOUR DEPARTMENT IN RECOVERING THE GREAT MAJORITY OF THE OVERPAYMENTS IN QUESTION. ALSO, WE ARE MINDFUL OF THE INEQUITY OF HOLDING CERTIFYING OFFICERS RESPONSIBLE FOR IMPROPER CERTIFICATIONS WHICH, WHEN MADE, WERE IN ACCORDANCE WITH THE THEN CURRENT FOREIGN SERVICE TRAVEL REGULATIONS.
HOWEVER, YOU WILL UNDERSTAND THAT OUR AUTHORITY TO RELIEVE CERTIFYING OFFICERS FOR IMPROPER CERTIFICATIONS IS LIMITED BY THE EXPRESS PROVISIONS OF THE STATUTE VESTING OUR OFFICE WITH THAT RESPONSIBILITY. AS POINTED OUT IN OUR LETTER OF JULY 28, 1958, SECTION 2 OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 875, 31 U.S.C. 82C, PROVIDES FOR THE RELIEF OF A CERTIFYING OFFICER ONLY WHEN ,* * * THE PAYMENT WAS NOT CONTRARY TO ANY STATUTORY PROVISION SPECIFICALLY PROHIBITING PAYMENTS OF THE CHARACTER INVOLVED * * *.' THE PAYMENTS OF THE PORTERAGE FEES AND TIPS WHICH FORM THE BASES FOR THE EXCEPTIONS WERE IN CONTRAVENTION OF THE EXPRESS STATUTORY PROVISION APPEARING IN SECTION 3 OF THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 836, AUTHORIZING A PER DIEM ALLOWANCE "IN LIEU OF THEIR ACTUAL EXPENSES FOR SUBSISTENCE AND ALL FEES OR TIPS TO PORTERS AND STEWARDS.'
IN VIEW OF THE CLEAR TERMS OF THE CONTROLLING STATUTES WE ARE WITHOUT AUTHORITY TO GRANT RELIEF TO THE CERTIFYING OFFICERS IN QUESTION.