B-145333, MAY 4, 1961

B-145333, MAY 4, 1961

TO THE SECRETARY OF STATE:

BY LETTER OF MARCH 11, 1961, THE DIRECTOR, BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS, REQUESTED OUR OPINION AS TO WHETHER RETROACTIVE PAYMENTS MAY BE MADE TO INCREASE GRANTS AWARDED TO SEVERAL AMERICAN TEACHERS IN GREECE UNDER PROVISIONS OF THE FULBRIGHT ACT, 50 U.S.C. APP.1641. FROM INFORMATION IN THE DIRECTOR'S LETTER, THE PERTINENT FACTS IN THE MATTER MAY BE SUMMARIZED AS FOLLOWS:

GRANTS UNDER THE FULBRIGHT ACT ARE FINANCED ESSENTIALLY WITH FOREIGN CURRENCIES BUT LIMITED SUPPLEMENTARY GRANTS PAYABLE IN DOLLARS HAVE BEEN MADE TO ASSIST THE GRANTEES IN MEETING DOLLAR OBLIGATIONS WHICH CONTINUE DURING THEIR RESIDENCE ABROAD. AMERICAN TEACHERS WHO WERE SELECTED TO TEACH OR LECTURE IN GREECE WERE PLACED IN BOTH GREEK NATIONAL AND AMERICAN -SPONSORED SCHOOLS. GENERALLY, THE STATE DEPARTMENT PAID THE FULL DOLLAR ALLOWANCE FOR TEACHERS IN THE NATIONAL SCHOOLS AND THE DOLLAR ALLOWANCES FOR TEACHERS IN THE AMERICAN SPONSORED SCHOOLS WERE PAID BY THE SCHOOLS. IN 1958-59, DOLLAR FUNDS AVAILABLE TO THE DEPARTMENT WERE SUFFICIENT TO ALLOW THE DEPARTMENT TO INCREASE THE DOLLAR AMOUNTS PAID BY THE AMERICAN- SPONSORED SCHOOLS TO A LEVEL EQUIVALENT TO THE DOLLAR GRANTS PAID BY THE DEPARTMENT TEACHERS IN THE NATIONAL SCHOOLS. IN 1959-60, THE LEVEL OF THE DOLLAR GRANTS FOR TEACHERS IN GREECE WAS SHARPLY REDUCED, AND THE PRACTICE OF SUPPLEMENTING THE DOLLAR GRANTS OF AMERICAN-SPONSORED SCHOOLS WAS DISCONTINUED. HOWEVER, IN ORDER TO ENCOURAGE A NUMBER OF GRANTEES TO REMAIN A SECOND YEAR, THE DEPARTMENT BELATEDLY ESTABLISHED THE POLICY THAT TEACHERS OR LECTURERS AGREEING TO ACCEPT RENEWAL GRANTS WOULD NOT RECEIVE LESS DOLLARS THAN THEY RECEIVED THE PREVIOUS YEAR. ACCORDINGLY, DOLLAR GRANTS FOR RENEWAL TEACHERS IN NATIONAL SCHOOLS WERE INCREASED TO THE PREVIOUS YEAR'S LEVEL. AS THE RENEWAL TEACHERS IN AMERICAN-SPONSORED SCHOOLS WERE NOT ON THE DEPARTMENT'S PAYROLLS FOR DOLLAR SUPPLEMENTS, THE DEPARTMENT REQUESTED THE SCHOOLS TO INCREASE THEIR CONTRIBUTIONS IN LINE WITH THE RENEWAL POLICY. BUT THE SCHOOLS REFUSED TO CONCUR.

MR. AND MRS. CYRIL COOK AND MR. JOHN SPANOS, THE TEACHERS ABOUT WHOM THE REQUEST FOR OPINION WAS MADE, ULTIMATELY AGREED TO RENEW THEIR STAY IN GREECE AT AMERICAN-SPONSORED SCHOOLS UNDER GRANTS WHICH PROVIDED FOR CONTINUED DOLLAR CONTRIBUTION BY THEIR HOST INSTITUTIONS IN THE AMOUNT THE INSTITUTIONS CONTRIBUTED IN THE PREVIOUS YEAR. THE TOTAL AMOUNT OF THE GRANTS TO WHICH THE COOKS AND MR. SPANOS AGREED WAS PAID THEM. HOWEVER, WITHOUT AN ADDED CONTRIBUTION BY THE DEPARTMENT SUCH AS WAS MADE FOR TEACHERS IN THE NATIONAL SCHOOLS, THE NET RESULT IS THAT MR. AND MRS. COOK AND MR. SPANOS RECEIVED LESS DOLLAR ASSISTANCE IN 1959-60 THAN DID OTHER TEACHERS WHO EXTENDED THEIR STAY IN GREECE IN NATIONAL SCHOOLS. THE DIRECTOR STATES THAT IN THE INTEREST OF CORRECTING THIS "INEQUITY" AND OF MAINTAINING THE CONFIDENCE OF EDUCATORS AND SCHOOL AUTHORITIES, THE DEPARTMENT RECOMMENDS THE PAYMENT OF A TOTAL OF $1,250 TO THE COOKS AND MR. SPANOS TO MAKE THEIR RENEWAL GRANT BENEFITS CONSISTENT WITH OTHERS IN GREECE DURING 1959-60, EVEN THOUGH THE GRANTS ARE NO LONGER IN EFFECT AND THE FISCAL YEAR IN WHICH THEY WERE AWARDED HAS EXPIRED.

THE COOKS AND MR. SPANOS RECEIVED UNDER THEIR GRANTS EXACTLY THE CONSIDERATION FOR WHICH THEY AGREED TO RENEW THEIR STAYS IN GREECE. THERE IS, THEREFORE, NO BASIS UPON WHICH THE UNITED STATES MAY BE SAID TO BE LEGALLY INDEBTED TO THESE GRANTEES. ACCORDINGLY, FURTHER PAYMENT TO THEM IS NOT AUTHORIZED.