B-146060, JUL. 14, 1961

B-146060, JUL. 14, 1961

TO MR. HENRY N. COOPER AMERICAN EMBASSY, CAIRO:

YOUR LETTER OF MAY 23, 1961, WITH ENCLOSURES, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF PAYING A SUPPLEMENTARY POST ALLOWANCE TO MR. NORMAN H. BALL UNDER THE CIRCUMSTANCES SET FORTH BELOW.

THE RECORD SHOWS THAT MR. BALL, AN EMPLOYEE OF THE UNITED STATES OPERATIONS MISSION TO THE UNITED ARAB REPUBLIC, ARRIVED IN CAIRO ON JUNE 17, 1960, WITH HIS WIFE AND TWO CHILDREN. THE UNITED STATES OPERATIONS MISSION EXECUTIVE OFFICER HAD MADE RESERVATIONS FOR THEM AT THE GARDEN CITY HOUSE. ABOUT TWO MONTHS LATER MR. BALL WAS ADVISED THAT THE POST WAS AUTHORIZED A SUPPLEMENTARY POST ALLOWANCE OF $4 PER DAY PER DEPENDENT, EXCLUDING EMPLOYEE AND ONE MEMBER OF THE FAMILY, IN ACCORDANCE WITH SECTION 941.6 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) DEPARTMENT OF STATE. YOU DO NOT SAY WHO ADVISED MR. BALL THAT HE WAS ENTITLED TO A SUPPLEMENTARY POST ALLOWANCE. THE BUDGET AND FISCAL OFFICER, AMERICAN EMBASSY, FIRST DENIED PAYMENT OF THE SUPPLEMENTARY POST ALLOWANCE BASED ON THE DECISION OF THE ADMINISTRATIVE OFFICER, AMERICAN EMBASSY, CAIRO, THAT THE GARDEN CITY HOUSE IS A PENSION. THE CLAIM WAS SUBSEQUENTLY DENIED ON THE BASIS OF A STATE DEPARTMENT OFFICE MEMORANDUM DATED DECEMBER 6, 1960, WHICH DENIED SUPPLEMENTARY POST ALLOWANCE TO EMPLOYEES WHO STAY AT THE GARDEN CITY HOUSE IN CAIRO.

SECTION 247.1 OF THE STANDARDIZED REGULATIONS PERTAINING TO THE GRANTING OF SUPPLEMENTARY POST ALLOWANCE, PROVIDES AS FOLLOWS:

"247.1 DEFINITION

" "SUPPLEMENTARY POST ALLOWANCE" MEANS A COST-OF-LIVING ALLOWANCE GRANTED PURSUANT TO SECTION 901 (2) (I) OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED, WHEN THE HEAD OF AGENCY DETERMINES THAT IT IS NECESSARY TO ASSIST AN EMPLOYEE IN DEFRAYING EXTRAORDINARY SUBSISTENCE COSTS WHILE THE EMPLOYEE AND 2 OR MORE MEMBERS OF HIS FAMILY (SEC. 215C) ARE OCCUPYING TEMPORARY QUARTERS UPON THEIR FIRST ARRIVAL AT A NEW POST ABROAD.'

I FOREIGN SERVICE MANUAL, PART IV, SECTION 314A, WITH REFERENCE TO THE FOREIGN SERVICE DEFINES ,HEAD OF AGENCY" AS APPEARING IN SECTION 215 OF THE STANDARDIZED REGULATIONS AS THE SECRETARY OF STATE OR ANY OFFICER DESIGNATED BY HIM IN I FOREIGN SERVICE MANUAL, PART IV, SECTION 315.1. SECTION 315.1 DESIGNATES THE PRINCIPAL OR ADMINISTRATIVE OFFICER AT A POST AS THE "AUTHORIZING OFFICER" WHO IS AUTHORIZED TO EXERCISE THE AUTHORITY VESTED IN THE HEAD OF AN AGENCY BY SECTION 216 OF THE STANDARDIZED REGULATIONS FOR GRANTING, REVISING, AND TERMINATING SUPPLEMENTARY POST ALLOWANCES TO EMPLOYEES.' INTERNATIONAL COOPERATION ADMINISTRATION MANUAL ORDER NO. 763.2, MARCH 13, 1958,"ALLOWANCE GRANTS FOR ICA PERSONNEL," SAYS THAT THE PROCEDURAL REQUIREMENTS COVERING RECEIPT OF ALLOWANCES OF ICA PERSONNEL ARE CONTAINED IN I FSM IV 300, AS IMPLEMENTED BY THIS MANUAL ORDER.

UNDER THE APPLICABLE REGULATIONS, IT IS WITHIN THE DISCRETION OF THE HEAD OF THE AGENCY TO DETERMINE WHETHER THE EMPLOYEES ARE TO RECEIVE A SUPPLEMENTARY POST ALLOWANCE. THE HEAD OF THE AGENCY IN THIS CASE, THE ADMINISTRATIVE OFFICER AT THE EMBASSY IN CAIRO, HAS DETERMINED UNDER THE DISCRETIONARY AUTHORITY VESTED IN HIM THAT EMPLOYEES RESIDING IN THE GARDEN CITY HOUSE IN CAIRO ARE NOT ENTITLED TO A SUPPLEMENTARY POST ALLOWANCE.

THEREFORE, AND WITHOUT DETERMINING WHETHER THE GARDEN CITY HOUSE IS OR IS NOT A PENSION, OUR OFFICE CANNOT AUTHORIZE PAYMENT OF A SUPPLEMENTARY POST ALLOWANCE TO MR. BALL.