B-131587, MAR. 9, 1960

B-131587, MAR. 9, 1960

TO THE SECRETARY OF DEFENSE:

ON FEBRUARY 19, 1960, YOUR ASSISTANT SECRETARY, SUBMITTED FOR OUR DECISION A QUESTION CONCERNING THE APPLICATION OF SECTION 7 (C) OF THE DEFENSE DEPARTMENT OVERSEAS TEACHERS PAY AND PERSONNEL PRACTICES ACT, PUBLIC LAW 86-91, APPROVED JULY 17, 1959, 73 STAT. 213, 216. THAT SECTION READS AS FOLLOWS:

"/C) EACH TEACHER (OTHER THAN A TEACHER EMPLOYED IN A SUBSTITUTE CAPACITY) WHO IS PERFORMING SERVICES AS A TEACHER AT THE CLOSE OF A SCHOOL YEAR AND AGREES IN WRITING TO SERVE AS A TEACHER FOR THE NEXT SCHOOL YEAR MAY BE AUTHORIZED, FOR THE RECESS PERIOD IMMEDIATELY PRECEDING SUCH NEXT SCHOOL YEAR---

"/1) QUARTERS OR A QUARTERS ALLOWANCE EQUAL TO THOSE AUTHORIZED BY THE ACT OF JUNE 26, 1930 (5 U.S.C. 118A), OR

"/2) IN LIEU OF SUCH QUARTERS OR QUARTERS ALLOWANCE, STORAGE (INCLUDING PACKING, DRAYAGE, UNPACKING, AND TRANSPORTATION TO AND FROM STORAGE) OF HIS HOUSEHOLD EFFECTS AND PERSONAL POSSESSIONS.'

THE QUESTION SUBMITTED IN YOUR ASSISTANT SECRETARY'S LETTER IS AS FOLLOWS:

"WOULD YOUR OFFICE BE REQUIRED TO OBJECT TO PAYMENT OF A QUARTERS ALLOWANCE OR STORAGE OF HOUSEHOLD EFFECTS DURING SUCH SUMMER RECESS PERIOD IN THE CASE OF A TEACHER WHO COMPLETES A SCHOOL YEAR AND IS SEPARATED FOR PURPOSE OF RETURNING TO THE UNITED STATES AT GOVERNMENT EXPENSE BUT WHO AGREES IN WRITING TO SERVE AS A TEACHER FOR THE NEXT SCHOOL YEAR?

YOUR DEPARTMENT'S LETTER WAS THE SUBJECT OF A RECENT CONFERENCE BETWEEN REPRESENTATIVES OF OUR OFFICE AND A REPRESENTATIVE OF YOUR DEPARTMENT. WE ADVISED YOUR REPRESENTATIVE, DESPITE THE LITERAL LANGUAGE OF SECTION 7 (C/--- CONTAINING NO SPECIFIC REQUIREMENT THAT A TEACHER REMAIN EMPLOYED DURING THE SCHOOL RECESS PERIOD TO BE ELIGIBLE FOR THE BENEFITS OF THAT SECTION--- WE HAVE SERIOUS DOUBT WHETHER THE SECTION CONTEMPLATES THAT GOVERNMENT QUARTERS OR AN ALLOWANCE IN LIEU THEREOF, OR STORAGE OF HOUSEHOLD EFFECTS LAWFULLY MAY BE PROVIDED DURING PERIODS BETWEEN SCHOOL TERMS WHEN A TEACHER, IN FACT, HAS BEEN SEPARATED FROM THE SERVICE.

WE ALSO EXPRESSED DOUBT CONCERNING THE PROPRIETY OF THE PRACTICE OF SEPARATING A TEACHER AT THE END OF A SCHOOL TERM AND PAYING HIS TRANSPORTATION BACK TO THE UNITED STATES--- EVEN THOUGH THE TEACHER HAS SERVED ONLY NINE OR TEN MONTHS OVERSEAS--- WHEN AT THE TIME OF SEPARATION THE TEACHER SIGNS OR HAD SIGNED AN AGREEMENT TO RETURN AND TEACH DURING THE NEXT SCHOOL TERM.

YOUR REPRESENTATIVE ASSURED US THAT YOUR DEPARTMENT AND MANY OF THE TEACHERS CONCERNED UNDERSTOOD THAT PUBLIC LAW 86-91 WAS INTENDED TO PERMIT A TEACHER WHO COMPLETES A SCHOOL TERM OF SERVICE AND WHO EXECUTES AN AGREEMENT UNDER SECTION 7 (C) TO SERVE FOR THE NEXT SCHOOL TERM, TO RECEIVE SECTION 7 (C) BENEFITS, AND ALSO TO BE SEPARATED AND RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE INCIDENT TO THAT SEPARATION. HOWEVER, AFTER RE-EXAMINATION OF PUBLIC LAW 86-91 AND ITS LEGISLATIVE HISTORY, YOUR REPRESENTATIVE CONCEDED THAT THE AUTHORITY FOR SUCH PRACTICE IS NOT CLEAR. HE, THEREFORE, REQUESTED THAT WE REFRAIN FROM RAISING ANY FORMAL OBJECTION TO THE CONTEMPLATED PRACTICE UNTIL YOUR DEPARTMENT HAS HAD A REASONABLE OPPORTUNITY TO OBTAIN CLARIFYING LEGISLATION.

IN VIEW OF DOUBT EXISTING CONCERNING THE LEGISLATIVE INTENT OF SECTION 7 (C) WE ARE PREPARED TO COMPLY WITH THE REQUEST OF YOUR REPRESENTATIVE UPON THE UNDERSTANDING, HOWEVER, THAT YOUR DEPARTMENT WILL PROPOSE CLARIFYING LEGISLATION TO THE CONGRESS WITHIN A REASONABLE TIME--- NOT LATER THAN THE FIRST DAY OF THE NEXT SESSION OF CONGRESS. PLEASE INFORM US WHETHER SUCH AN ARRANGEMENT MEETS WITH YOUR APPROVAL.