B-82124, MAY 6, 1949, 28 COMP. GEN. 633

B-82124, MAY 6, 1949, 28 COMP. GEN. 633

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS - EMPLOYEES TRANSFERRED TO OVERSEAS DUTY - ADVANCE AUTHORIZATION REQUIREMENT IN THE CASE OF EMPLOYEES WHO WERE TRANSFERRED TO FOREIGN POSTS OF DUTY PURSUANT TO SECTION 1 OF THE ACT OF AUGUST 2, 1946, UNDER EMPLOYMENT AGREEMENTS WHICH REQUIRED SPECIFIED TERMS OF SERVICE BUT WHICH FAILED TO AUTHORIZE TRANSPORTATION OF IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS, RENEWAL AGREEMENTS MAY BE ISSUED AFTER THE EXPIRATION OF THE AGREED TERMS OF SERVICE AUTHORIZING THE TRANSPORTATION OF IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS FROM THE UNITED STATES TO THE FOREIGN POSTS OF DUTY, WITHOUT REQUIRING THE EMPLOYEES TO RETURN TO THE UNITED STATES.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 6, 1949:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6, 1948, SUBMITTING FOR DECISION THE QUESTION AS TO WHETHER THE DEPARTMENT OF THE NAVY PROPERLY MAY ISSUE INSTRUCTIONS TO NAVAL ACTIVITIES LOCATED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AUTHORIZING SUCH ACTIVITIES, IN CASES OF CIVILIAN TRANSFEREES WHOSE EMPLOYMENT AGREEMENTS DID NOT PROVIDE FOR TRANSPORTATION OF IMMEDIATE FAMILIES OR HOUSEHOLD EFFECTS AND WHO HAVE REMAINED AT THEIR NEW DUTY POSTS FOR THE PERIODS SPECIFIED IN SAID EMPLOYMENT AGREEMENTS, TO ENTER INTO RENEWAL AGREEMENTS WHICH WOULD SPECIFICALLY AUTHORIZE THE TRANSPORTATION OF IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS OF THE EMPLOYEES CONCERNED FROM THE UNITED STATES TO THE FOREIGN DUTY STATIONS AT GOVERNMENT EXPENSE, WITHOUT REQUIRING THE EMPLOYEES TO RETURN TO THE UNITED STATES.

IT APPEARS FROM YOUR LETTER THAT CERTAIN EMPLOYEES WERE TRANSFERRED TO NAVAL ACTIVITIES LOCATED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES UNDER THE PROVISIONS OF SECTION 1 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806, AND THAT, AT THE TIME OF THEIR TRANSFERS, THEY ENTERED INTO EMPLOYMENT AGREEMENTS UNDER WHICH THEY AGREED TO REMAIN AT THE FOREIGN DUTY STATIONS FOR SPECIFIED PERIODS OF TIME. HOWEVER, THE AGREEMENTS, FOR REASONS NOT STATED BY YOU, FAILED TO AUTHORIZE TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND/OR HOUSEHOLD EFFECTS. YOU STATE THAT BECAUSE OF THE REQUIREMENT IN SECTION 1 OF THE ABOVE-MENTIONED STATUTE--- TO THE EFFECT THAT PAYMENT OF TRANSPORTATION OF IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS MAY BE MADE ONLY "WHEN AUTHORIZED, IN ORDER DIRECTING THE TRAVEL"--- IT HAS BEEN CONSIDERED NECESSARY, IN THESE CASES, TO REQUIRE THE EMPLOYEES TO RETURN TO THE UNITED STATES UPON COMPLETION OF THEIR EMPLOYMENT AGREEMENTS AND TO ENTER INTO A RENEWAL CONTRACT IN ORDER TO PERMIT THE TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND SHIPMENT OF THEIR HOUSEHOLD EFFECTS FROM THE UNITED STATES TO THE FOREIGN DUTY STATIONS AT GOVERNMENT EXPENSE. IT IS POINTED OUT IN YOUR LETTER THAT SUCH PROCEDURE WOULD INVOLVE GREAT LOSS OF TIME AND WOULD CONSTITUTE A FINANCIAL BURDEN UPON THE GOVERNMENT BECAUSE, IN MANY CASES, THE EMPLOYEES WOULD NOT RETURN TO THE UNITED STATES UPON COMPLETION OF THE ORIGINAL EMPLOYMENT AGREEMENTS, EXCEPT FOR THE NECESSITY TO DO SO TO OBTAIN AUTHORIZATION FOR THE TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND SHIPMENT OF THEIR HOUSEHOLD EFFECTS.

IT IS RECOGNIZED, OF COURSE, THAT THE PROVISIONS OF SECTION 1 OF PUBLIC LAW 600 ORDINARILY ARE APPLICABLE ONLY IN THE EVENT AN ACTUAL TRANSFER OF OFFICIAL STATION TAKES PLACE. HOWEVER, IT IS OBVIOUS IN THE SITUATION HEREIN PRESENT THAT TO RETURN AN EMPLOYEE TO THE UNITED STATES AND THEN RETRANSFER HIM TO THE SAME STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES MERELY FOR THE PURPOSE OF SATISFYING THE REQUIREMENTS OF SECTION 1 WOULD BE CONTRARY TO THE INTEREST OF THE UNITED STATES FINANCIALLY AND OTHERWISE. ACCORDINGLY, UNDER THE CIRCUMSTANCES, THIS OFFICE IS NOT REQUIRED TO OBJECT TO YOUR DEPARTMENT'S ISSUING RENEWAL CONTRACTS AUTHORIZING, AMONG OTHER THINGS, THE TRANSPORTATION OF THE SUBJECT EMPLOYEES' IMMEDIATE FAMILIES AND HOUSEHOLD EFFECTS FROM THE UNITED STATES TO THE FOREIGN DUTY STATIONS AT GOVERNMENT EXPENSE, WITHOUT REQUIRING THE EMPLOYEES TO RETURN TO THE UNITED STATES.