B-127854, MAY 18, 1956

B-127854, MAY 18, 1956

PRECIS-UNAVAILABLE

MR. ATTORNEY GENERAL:

REFERENCE IS MADE TO THE LETTER OF MAY 8, 1956 (FILE A3), AND ENCLOSURE, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REGARDING THE EARLY USE OF THE BI-ANNUAL LEAVE PRIVILEGE PROVIDED FOR OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF GUAM BY SECTION 26(C) OF THE ORGANIC ACT OF GUAM, 64 STAT. 391, 48 U.S.C. 1421DC).

ON AUGUST 12, 1954, MR. HERBERT G. HOMME, JR., RESIDENT OF GRAFTON, NORTH DAKOTA, WAS APPOINTED TO THE POSITION OF UNITED STATES ATTORNEY FOR GUAM. HE AND HIS WIFE DEPARTED GRAFTON ON SEPTEMBER 26, 1954, AND ARRIVED ON GUAM ON OCTOBER 13, 1954. HE WILL NOT HAVE SERVED TWO YEARS IN GUAM UNTIL OCTOBER 13, 1956. THE ANNUAL CONFERENCE OF UNITED STATES ATTORNEYS IS SCHEDULED TO BE HELD IN WASHINGTON, D. C., ON JULY 16-18, 1956. MR. HOMME, BY LETTER DATED APRIL 26, 1956, TO THE ASSISTANT TO THE DEPUTY ATTORNEY GENERAL, A COPY OF WHICH WAS TRANSMITTED WITH THE SUBMISSION, REQUESTED IN LIEU OF BI-ANNUAL LEAVE IN OCTOBER, 1956 (1) THAT MRS. HOMME BE AUTHORIZED TRANSPORTATION FROM GUAM TO GRAFTON, NORTH DAKOTA, FOR THE PURPOSE OF BI-ANNUAL LEAVE WITHIN THE PROVISIONS OF 48 U.S.C. 1421DC), WITH DEPARTURE DATE FROM GUAM ON OR ABOUT MAY 20, 1956, AND (2) THAT MR. HOMME BE AUTHORIZED TO DEPART GUAM ON OR ABOUT JUNE 15, 1956, FOR THE PURPOSES OF BI-ANNUAL LEAVE AND TO ATTEND THE UNITED STATES ATTORNEYS' CONFERENCE.

THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL STATES THAT INASMUCH AS MR. HOMME WILL COME TO THE UNITED STATES IN JULY ON OFFICIAL BUSINESS, IT WOULD BE A SAVING IF HE COULD BE AUTHORIZED TO COMBINE HIS BI-ANNUAL LEAVE WITH THAT TRIP, EVEN THOUGH IT IS IN ADVANCE OF THE COMPLETION OF TWO YEARS' SERVICE ON GUAM, AND THAT IN THE EVENT WE DO NOT FIND IT IMPROPER TO COMBINE THE TWO TRIPS, THERE IS THE FURTHER PROBLEM AS TO WHETHER HIS WIFE CAN PROCEDE HIM TO THE UNITED STATES BY APPROXIMATELY ONE MONTH AS SET OUT IN MR. HOMME'S LETTER. OUR DECISION IS REQUESTED ON THE PROPRIETY OF GRANTING THE REQUESTED AUTHORIZATIONS.

SECTION 26(C) OF THE ORGANIC ACT OF GUAM PROVIDES, IN PART, AS FOLLOWS:

"ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF GUAM SHALL, IF THEIR HOMES BE OUTSIDE GUAM, BE ENTITLED TO TRANSPORTATION AT THE EXPENSE OF THE UNITED STATES FOR THEMSELVES, THEIR IMMEDIATE FAMILIES, AND THEIR HOUSEHOLD EFFECTS, FROM THEIR HOMES TO GUAM UPON THEIR APPOINTMENT AND FROM GUAM TO THEIR HOMES UPON COMPLETION OF THEIR DUTIES: PROVIDED, THAT SUCH TRANSPORTATION OTHER THAN THAT INCIDENT TO INITIAL APPOINTMENT SHALL NOT BE REQUIRED TO BE FURNISHED UNLESS THEY SHALL HAVE SERVED IN GUAM FOR AT LEAST TWO YEARS, UNLESS SEPARATED FOR REASONS BEYOND THEIR CONTROL. THEY SHALL ACCRUE LEAVE IN ACCORDANCE WITH THE LEAVE ACT OF THE UNITED STATES, AND ONCE DURING EVERY TWO YEARS SHALL BE ENTITLED TO TRANSPORTATION AT THE EXPENSE OF THE UNITED STATES FOR THEMSELVES AND THEIR IMMEDIATE FAMILIES FROM GUAM TO THEIR HOMES AND RETURN ***."

THE UNITED STATES ATTORNEY FOR GUAM MAY BE REGARDED AS AN OFFICER OF THE GOVERNMENT OF GUAM FOR THE PURPOSES OF SECTION 26(C). 32 COMP. GEN. 446. HE IS APPOINTED FOR A TERM OF FOUR YEARS, BUT WOULD CONTINUE TO PERFORM THE DUTIES OF HIS OFFICE UNTIL HIS SUCCESSOR IS APPOINTED AND QUALIFIES. 48 U.S.C. 1424BB), 28 ID. 504. THE LANGUAGE IN SECTION 26(C) AUTHORIZING HOME LEAVE TRAVEL AND TRANSPORTATION "ONCE DURING EVERY TWO YEARS" WHEN CONSIDERED IN CONNECTION WITH THE PROVISO PERMITTING RETURN TRAVEL AND TRANSPORTATION UPON COMPLETION OF DUTIES UPON SERVICE IN GUAM "FOR AT LEAST TWO YEARS" IS REGARDED AS ORDINARILY REQUIRING THAT AN OFFICER OR EMPLOYEE OF THE GOVERNMENT GUAM SERVE AT LEAST TWO YEARS IN GUAM BEFORE BEING ENTITLED TO HOME LEAVE TRAVEL AND TRANSPORTATION AT GOVERNMENT EXPENSE. HOWEVER, BECAUSE OF THE SUBSTANTIAL SAVINGS TO BE EFFECTED BY COMBINING MR. HOMME'S OFFICIAL BUSINESS TRAVEL WITH HIS HOME LEAVE TRAVEL, SINCE THE PRIMARY REASON FOR THE TRIP TO THE UNITED STATES IN JULY IS FOR OFFICIAL BUSINESS, AND IN VIEW OF THE FACT THAT HE WILL HAVE COMPLETED FIVE-SIXTH OF THE REQUIRED TWO-YEARS' SERVICE ON GUAM ON JUNE 15, WE WOULD NOT BE REQUIRED TO OBJECT TO HIS ROUND TRIP TRAVEL FROM GUAM TO GRAFTON BEING AUTHORIZED UNDER SECTION 26(C) OF THE ORGANIC ACT OF GUAM, PROVIDED THE OFFICER AGREES TO WAIVE ANY FURTHER HOME LEAVE TRAVEL AND TRANSPORTATION UNTIL HE HAS SERVED AN ADDITIONAL TWO YEARS ON GUAM AFTER OCTOBER 13, 1956. MR. HOMME'S TRAVEL BETWEEN GRAFTON AND WASHINGTON MAY BE AUTHORIZED FOR THE PURPOSE OF PERFORMING TEMPORARY DUTY AT WASHINGTON. B-99060, NOVEMBER 21, 1950.

CONCERNING THE ADVANCE RETURN OF MRS. HOMME, YOU ARE ADVISED THAT IF IT BE DETERMINED ADMINISTRATIVELY TO BE IN THE INTERESTS OF THE UNITED STATES WE WOULD OFFER NO OBJECTION TO ALLOWANCE OF HER OTHERWISE PROPER TRANSPORTATION EXPENSES TO THEIR HOME IN THE UNITED STATES. WE WOULD EXPECT, HOWEVER, THAT THE EMPLOYEE AGREE IN WRITING IN ADVANCE THAT HE WILL REPAY TO THE UNITED STATES HIS WIFE'S TRANSPORTATION EXPENSES AS WELL AS THE EXCESS COST INCURRED AS A RESULT OF COMBING HIS LEAVE TRAVEL WITH OFFICIAL TRAVEL IN THE EVENT SUCH EXPENSES ARE TO BE BORNE BY HIM AS THE RESULT OF A FAILURE TO COMPLY WITH THE PERIOD OF SERVICE REQUIREMENT OF THE STATUTE AND APPLICABLE ADMINISTRATIVE REGULATIONS OR TO RETURN TO THE UNITED STATES FOR LEAVE PURPOSES AS DESCRIBED ABOVE. SEE GENERALLY 35 COMP. GEN. 101.

THE QUESTIONS ARE ANSWERED ACCORDINGLY.