B-95377, JUNE 28, 1950, 29 COMP. GEN. 526

B-95377, JUNE 28, 1950, 29 COMP. GEN. 526

TRANSPORTATION OF DEPENDENTS - PERSONS APPOINTED TO POSITIONS OUTSIDE U.S. WHILE AT PLACE OF APPOINTMENT UNDER SECTION 7 OF THE ACT OF AUGUST 2, 1946, PERMITTING ALLOWANCE OF EXPENSES OF TRANSPORTATION OF THE IMMEDIATE FAMILIES OF NEW APPOINTEES FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES, A PERSON WHO, WHILE OUTSIDE THE UNITED STATES, IS EMPLOYED BY THE FEDERAL GOVERNMENT FOR DUTY IN THE COUNTRY WHERE APPOINTED WITH THE UNDERSTANDING THAT HIS DEPENDENTS WOULD BE TRANSPORTED AT GOVERNMENT EXPENSE TO HIS POST OF DUTY FROM HIS LEGAL RESIDENCE IN THE UNITED STATES MAY BE REIMBURSED SUCH EXPENSES, EVEN THOUGH THE TRAVEL WAS PERFORMED WITHOUT PRIOR ADMINISTRATIVE AUTHORIZATION.

COMPTROLLER GENERAL WARREN TO JAMES H. LAMBE, DEPARTMENT OF AGRICULTURE, JUNE 28, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1950, FILE NO. T-, TRANSMITTING A VOUCHER STATED IN FAVOR OF ERNEST CHACON FOR $216.11, REPRESENTING TRANSPORTATION COSTS INCURRED FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY FROM LOS ANGELES, CALIFORNIA, TO MEXICO CITY, MEXICO, AND REQUESTING AN ADVANCE DECISION AS TO WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

IT APPEARS FROM THE EVIDENCE FURNISHED THIS OFFICE THAT, WHILE TEMPORARILY IN MEXICO ON A TOURIST CARD, THE CLAIMANT ACCEPTED AN APPOINTMENT AS A LIVESTOCK INSPECTOR, BUREAU OF ANIMAL INDUSTRY, DEPARTMENT OF AGRICULTURE, SAID APPOINTMENT TO TERMINATE NOT LATER THAN APRIL 5, 1950. AT THE TIME OF APPOINTMENT, THE CLAIMANT SIGNED AN AGREEMENT TO REMAIN WITH THE BUREAU OF ANIMAL INDUSTRY FOR 12 MONTHS FOLLOWING HIS APPOINTMENT WITH THE UNDERSTANDING THAT, BY SIGNING SUCH AGREEMENT, THE TRANSPORTATION EXPENSES OF HIS IMMEDIATE FAMILY TO HIS POST OF DUTY IN MEXICO WOULD BE BORNE BY THE GOVERNMENT. ON JUNE 18, 1949, HIS FAMILY TRAVELED FROM LOS ANGELES, CALIFORNIA, HIS LEGAL RESIDENCE, TO GUADALAJARA, MEXICO, AND FROM GUADALAJARA TO MEXICO CITY ON AUGUST 26, 1949, FOR THE PURPOSE OF JOINING THE EMPLOYEE DURING HIS ASSIGNMENT IN MEXICO. SAID TRAVEL WAS PERFORMED BY AIR TO GUADALAJARA AND BY BUS FROM THAT POINT TO MEXICO CITY, ALL TRAVEL BEING WITHOUT PRIOR AUTHORIZATION FROM THE BUREAU ANIMAL INDUSTRY. THE CLAIMANT NOW REQUESTS REIMBURSEMENT OF THE SUM EXPENDED FOR SUCH TRAVEL, AND THE SUBMITTED VOUCHER HAS BEEN POST APPROVED BY THE ASSISTANT SECRETARY OF AGRICULTURE.

SECTION 7 OF PUBLIC LAW 600, 60 STAT. 808, PERMITS ALLOWANCE OF EXPENSES OF TRANSPORTATION OF THE IMMEDIATE FAMILIES OF NEW APPOINTEES "FROM PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT TO PLACES OF EMPLOYMENT OUTSIDE CONTINENTAL UNITED STATES.' THE TERM "ACTUAL RESIDENCE" IS NOT DEFINED IN THE SAID LAW NOR IN EXECUTIVE ORDER 9805, PROMULGATED THEREUNDER, AND IS FOR DETERMINATION FROM THE FACTS OF EACH CASE. IT IS THE VIEW OF THIS OFFICE THAT THE FACTS PRESENTED IN THIS INSTANCE, OUTLINED ABOVE, ESTABLISH A PRIMA FACIE CASE OF ACTUAL RESIDENCE AT LOS ANGELES, CALIFORNIA, AT TIME OF APPOINTMENT WITHIN THE MEANING OF THE TERM "ACTUAL RESIDENCE" AS USED IN SECTION 7 OF PUBLIC LAW 600. MOREOVER, THAT APPEARS TO BE THE CONCLUSION REACHED BY THE ADMINISTRATIVE OFFICIALS, AS EVIDENCED BY THE POST APPROVAL OF THE SUBMITTED VOUCHER.

ACCORDINGLY, ASSUMING NO INCREASED TRANSPORTATION COST WAS INCURRED BY REASON OF THE APPARENT LAY-OVER FOR PERSONAL REASONS AT GUADALAJARA, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.