B-111705, OCTOBER 27, 1952, 32 COMP. GEN. 207

B-111705, OCTOBER 27, 1952, 32 COMP. GEN. 207

TRANSPORTATION - AUTOMOBILES AND HOUSEHOLD EFFECTS - POINT IV PROGRAM AN EMPLOYEE WHO WAS ASSIGNED OVERSEAS UNDER THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948, AND WHO SHIPPED HIS AUTOMOBILE AND CERTAIN HOUSEHOLD EFFECTS PRIOR TO CONVERSION TO THE POINT IV PROGRAM AT THE OVERSEAS STATION MAY NOT BE REIMBURSED FOR SHIPMENTS COMMENCING PRIOR TO SAID CONVERSION ON THE MORE LIBERAL TRAVEL AND RELATED EXPENSES BASIS AUTHORIZED FOR POINT IV EMPLOYEES UNDER THE ACT FOR INTERNATIONAL DEVELOPMENT.

COMPTROLLER GENERAL WARREN TO W. E. MARSHALL, DEPARTMENT OF AGRICULTURE, OCTOBER 27, 1952:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 2, 1952, TRANSMITTING A VOUCHER IN THE AMOUNT OF $1,019.55, STATED IN FAVOR OF MR. EARLE K. RAMBO, FOREIGN AGRICULTURAL ADVISER, OFFICE OF FOREIGN AGRICULTURAL RELATIONS, FOR PAYMENT OF EXPENSES INCURRED FOR SHIPMENT TO NEW DELHI, INDIA, OF HOUSEHOLD EFFECTS AND PERSONAL PROPERTY FROM WASHINGTON, D.C. AND PHILADELPHIA, PENNSYLVANIA, INCLUDING ONE 1950 4-DOOR CHEVROLET SEDAN, FROM DETROIT, MICHIGAN, AND REQUESTING A DECISION AS TO WHETHER SAID VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT.

BY TRAVEL AUTHORIZATION NO. 255-) FAR), DATED MAY 23, AS AMENDED JUNE 26, 1950, MR. RAMBO WAS ORDERED TO PROCEED ON OR ABOUT MAY 24, 1950, TO NEW DELHI, INDIA, TO SERVE AS AGRICULTURAL ENGINEER IN INDIA IN CONNECTION WITH THE FURTHERANCE OF THE AGRICULTURAL PROGRAM TO STRENGTHEN COOPERATIVE INTERNATIONAL RELATIONS AND OTHER PROVISIONS OF " PUBLIC LAW 402"--- UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948, 62 STAT. 6 --- RELATING TO AGRICULTURE. SAID ORDERS PROVIDED FOR TRAVEL OF THE EMPLOYEE'S IMMEDIATE FAMILY AND FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE DUTY STATION ABROAD AT GOVERNMENT EXPENSE.

IT HAS BEEN ASCERTAINED INFORMALLY THAT MR. RAMBO ENTERED ON DUTY AS A REGULAR DEPARTMENTAL EMPLOYEE ON JUNE 15, 1950; ARRIVED AT HIS FOREIGN DUTY STATION ON JULY 9, AND WAS CONVERTED TO DUTY AS A POINT IV PROGRAM EMPLOYEE--- AUTHORIZED BY THE ACT FOR INTERNATIONAL DEVELOPMENT ( PUBLIC LAW 535) ARE MUCH MORE LIBERAL THAN THOSE AUTHORIZED BY THE PRIOR ENACTMENT ( PUBLIC LAW 402).

SECTION 302 OF THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948 ( PUBLIC LAW 402), 62 STAT. 8, SUPRA, PROVIDES:

ANY CITIZEN OF THE UNITED STATES, WHILE ASSIGNED FOR SERVICE TO OR IN COOPERATION WITH ANOTHER GOVERNMENT UNDER THE AUTHORITY OF THIS ACT, SHALL BE CONSIDERED, FOR THE PURPOSE OF PRESERVING HIS RIGHTS, ALLOWANCES, AND PRIVILEGES AS SUCH, AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES AND OF THE GOVERNMENT AGENCY FROM WHICH ASSIGNED AND SHALL CONTINUE TO RECEIVE COMPENSATION FROM THAT AGENCY. HE MAY ALSO RECEIVE UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, REPRESENTATION ALLOWANCES SIMILAR TO THOSE ALLOWED UNDER SECTION 901 (3) OF THE FOREIGN SERVICE ACT OF 1946 (60 STAT. 999). THE AUTHORIZATION OF SUCH ALLOWANCES AND OTHER BENEFITS AND THE PAYMENT THEREOF OUT OF ANY APPROPRIATIONS AVAILABLE THEREFOR SHALL BE CONSIDERED AS MEETING ALL THE REQUIREMENTS OF SECTION 1765 OF THE REVISED STATUTES. (ITALICS SUPPLIED.)

SECTION 413 OF THE ACT OF JUNE 5, 1950 ( PUBLIC LAW 535), 64 STAT. 208, SUPRA, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(C) PERSONS EMPLOYED FOR DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND OFFICERS AND EMPLOYEES OF THE UNITED STATES GOVERNMENT ASSIGNED FOR SUCH DUTY, MAY RECEIVE COMPENSATION AT AN OF THE RATES PROVIDED FOR THE FOREIGN SERVICE RESERVE AND STAFF BY THE FOREIGN SERVICE ACT OF 1946 (60 STAT. 999), AS AMENDED, MAY RECEIVE ALLOWANCES AND BENEFITS NOT IN EXCESS OF THOSE ESTABLISHED THEREUNDER, AND MAY BE APPOINTED TO ANY CLASS IN THE FOREIGN SERVICE RESERVE OR STAFF IN ACCORDANCE WITY THE PROVISIONS OF SUCH ACT. (ITALICS SUPPLIED.)

PARAGRAPH 3, SECTION VI OF POINT IV AGENCY MEMORANDUM NO. 20, DATED NOVEMBER 27, 1950, ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT FOR INTERNATIONAL DEVELOPMENT AND EXECUTIVE ORDER NO. 10159, SEPT. 8, 1950, READS, IN PART, AS FOLLOWS:

SUBJECT TO POLICIES ESTABLISHED IN REGULATIONS ISSUED BY THE SECRETARY OF STATE ( FOREIGN SERVICE MANUAL, VOL. 1, PART III, SECTION 100), THE TRAVEL AND RELATED EXPENSES OF UNITED STATES CITIZEN POINT IV EMPLOYEES ASSIGNED OVERSEAS MAY BE PAID BY THE PARTICIPATING AGENCIES IN ACCORDANCE WITH SECTIONS 911, 912, AND 913 OF THE FOREIGN SERVICE ACT OF 1946.

IN ORDER TO SIMPLIFY AGENCY ADMINISTRATION OF TRAVEL AND RELATED REGULATIONS, AGENCIES MAY USE THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. HOWEVER, IN THE CASE OF THE FOLLOWING BENEFITS, WHICH EITHER ARE NOT PROVIDED FOR UNDER THE STANDARDIZED REGULATIONS OR WHICH ARE LESS LIBERAL THAN ARE PROVIDED BY THE FOREIGN SERVICE REGULATIONS, THE LATTER SHOULD BE USED: * *

(C) SHIPMENT OF HOUSEHOLD EFFECTS, INCLUDING EMERGENCY STORAGE.

(D) SHIPMENT OF PRIVATE AUTOMOBILES. (SUCH SHIPMENT IS PERMITTED IN THE CASE OF A UNITED STATES CITIZEN WHO IS APPOINTED EITHER IN THE UNITED STATES OR OVERSEAS.) (ITALICS SUPPLIED.) ALSO SEE SECTIONS 911 AND 913 OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 999, 1026, 1027; SECTIONS 103.600 (B), 103.607 (A), 103.670, AND 103.672 OF THE FOREIGN SERVICE TRAVEL REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED.

ALTHOUGH IT NOW IS APPARENT THAT EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE ON DUTY ABROAD PURSUANT TO THE PROVISIONS OF THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948 ( PUBLIC LAW 402), SUPRA, WERE MADE ELIGIBLE BY THE REGULATIONS EFFECTIVE NOVEMBER 27, 1950, TO RECEIVE THE ALLOWANCES AUTHORIZED BY THE ACT FOR INTERNATIONAL DEVELOPMENT ( PUBLIC LAW 535), SUPRA, PROVIDED THAT SUCH EMPLOYEES WERE PROPERLY TRANSFERRED OR CONVERTED TO DUTY IN CONNECTION WITH THE POINT IV PROGRAM, NO LAW OR REGULATION HAS BEEN FOUND WHICH ENABLES THIS OFFICE TO AUTHORIZE PAYMENT OF SUCH ALLOWANCES UNTIL AFTER CONVERSION IS EFFECTED. THE FACT THAT CERTAIN EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, WHO PROCEEDED TO A FOREIGN DUTY STATION UNDER THE TERMS OF A SPECIFIC STATUTE, MAY NOT BE ENTITLED TO ALLOWANCES EQUIVALENT TO THOSE AUTHORIZED FOR OTHER EMPLOYEES WHO TRAVELED ABROAD PURSUANT TO A SUBSEQUENT ENACTMENT, AFFORDS NO LEGAL BASIS FOR PAYMENT OF THE EXPENSES CLAIMED, EVEN THOUGH SUCH EMPLOYEES MAY HAVE PERFORMED SIMILAR DUTIES.

ACCORDINGLY, IN THIS CASE, ONLY THOSE EXPENSES CLAIMED INCIDENT TO THE SHIPMENT OF EFFECTS (GROCERIES AND PROVISIONS) WHICH COMMENCED ON OR AFTER DECEMBER 24, 1950, FALL WITHIN THE SCOPE OF THE ALLOWANCES AUTHORIZED AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT. NO AMOUNT IS DUE FOR THE COST OF TRANSPORTING EFFECTS AND PERSONAL PROPERTY ABROAD ON THE S.S. STEEL FABRICATOR, WHICH SHIPMENT IS SHOWN TO HAVE COMMENCED PRIOR TO THE DATE THAT THE CLAIMANT WAS CONVERTED TO THE POINT IV PROGRAM.

ACTION UPON THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, SHOULD BE TAKEN AS HEREINABOVE INDICATED.