A-42903, JUNE 24, 1932, 11 COMP. GEN. 498

A-42903, JUNE 24, 1932, 11 COMP. GEN. 498

ADVANCE PAYMENTS - RENTAL OF GRAVE SITE PAYMENT OF A LUMP SUM AS RENT IN PERPETUITY FOR A GRAVE SITE IN A FOREIGN COUNTRY, BEING THE EQUIVALENT OF THE PURCHASE OF A GRAVE SITE IN THIS COUNTRY, IS ALLOWABLE UNDER THE SAME CONDITIONS AS PART OF THE BURIAL EXPENSES WHEN CHARGEABLE TO APPROPRIATED FUNDS, AND IS NOT CONSIDERED AN ADVANCE PAYMENT WITHIN THE PURVIEW OF SECTION 3648, REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JUNE 24, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 14, 1932, AS FOLLOWS:

MR. H. ERIC TRAMMELL, AMERICAN FOREIGN SERVICE OFFICER, DIED FEBRUARY 9, 1932, IN RIO DE JANEIRO, BRAZIL, WHILE SERVING AS SECRETARY OF THE EMBASSY. HIS REMAINS ARE BURIED IN A GRAVE RENTED FOR A PERIOD OF FIVE YEARS.

MRS. TRAMMELL DESIRES TO DEPART FOR THE UNITED STATES IN JULY AND ASKS WHETHER THE GOVERNMENT WILL PAY THE COST OF RENTING THE GRAVE IN PERPETUITY. IF THE RENTAL ARRANGEMENT IS NOT RENEWED UPON THE EXPIRATION OF THE FIVE YEAR PERIOD, THE REMAINS ARE REMOVED AND PLACED IN A COMMON BURIAL PLOT.

IF ARRANGEMENTS ARE MADE WITHIN SIX MONTHS FROM THE DATE OF BURIAL TO RENT THE GRAVE IN PERPETUITY, THE COST WILL BE APPROXIMATELY $65.00. SHOULD A DECISION TO RERENT BE DEFERRED UNTIL THE EXPIRATION OF THE FIVE YEAR PERIOD, THE COST WILL BE THIRTY PERCENT MORE.

AS MRS. TRAMMELL HAS DECIDED TO HAVE THE REMAINS OF HER LATE HUSBAND PERMANENTLY BURIED IN RIO DE JANEIRO, IT IS DESIRED TO KNOW WHETHER YOU PERCEIVE ANY LEGAL OBJECTION TO THE PAYMENT NOW BY THE EMBASSY OF THE COST OF RENTING THE GRAVE IN PERPETUITY.

THE APPROPRIATION FOR "TRANSPORTATION OF FOREIGN SERVICE OFFICERS, 1932," ACT OF FEBRUARY 23, 1931, 46 STAT. 1313, CONTAINS A PROVISION FOR THE PAYMENT OF EXPENSES OF---

* * * THE PREPARATION AND TRANSPORTATION OF THE REMAINS OF THOSE OFFICERS AND SAID EMPLOYEES OF THE FOREIGN SERVICE, WHO HAVE DIED OR MAY DIE ABROAD OR IN TRANSIT WHILE IN THE DISCHARGE OF THEIR OFFICIAL DUTIES, TO THEIR FORMER HOMES IN THIS COUNTRY OR TO A PLACE NOT MORE DISTANT FOR INTERMENT AND FOR THE ORDINARY EXPENSES OF SUCH INTERMENT, * * *

THE COST OF GRAVE SPACE IS ORDINARILY CONSIDERED A PART OF THE COST OF INTERMENT. THE SAME RESULT WOULD SEEM TO BE ACCOMPLISHED IN BRAZIL BY RENTING THE GRAVE SITE IN PERPETUITY IN LIEU OF PURCHASE OF THE SITE, AS IN THIS COUNTRY. UNDER THE CIRCUMSTANCES, THE NECESSARY COST OF RENT IN PERPETUITY WOULD APPEAR TO BE PAYABLE UNDER THE APPROPRIATION IN QUESTION. 5 COMP. GEN. 991; 6 ID. 759. SUCH A PAYMENT BEING THE EQUIVALENT OF A PURCHASE IS NOT CONSIDERED AN ADVANCE PAYMENT WITHIN THE PURVIEW OF SECTION 3648, REVISED STATUTES.