B-146122, JUL. 21, 1961

B-146122, JUL. 21, 1961

TO MRS. MARGARET A. REEDER, INTERNATIONAL COOPERATION ADMINISTRATION:

YOUR LETTER OF JUNE 12, 1961, WITH ENCLOSURES, REFERENCE ACC.1:MAR, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF MR. JOHN E. OSGUTHORPE FOR $60 REPRESENTING TEMPORARY LODGING FOR 15 DAYS AT $4 PER DAY.

THE INFORMATION FURNISHED SHOWS THAT SINCE 1958 THERE HAVE BEEN DEVELOPED IN THE MUTUAL SECURITY OVERSEAS PROGRAM CERTAIN ESSENTIAL ADMINISTRATIVE DEVICES INCLUDING THE ESTABLISHMENT OF COMPLEMENTS OF RECRUITMENT, MEDICAL, AND TRAINING PURPOSES. IN CONNECTION WITH THE TRAINING COMPLEMENT, MR. OSGUTHORPE, WHO IS A FOREIGN SERVICE RESERVE EMPLOYEE, CLASS 4, WAS TRANSFERRED FROM HIS POST IN TUNIS, TUNISIA, TO A DUTY STATION AT THE STATE COLLEGE, MISSISSIPPI, FOR A FULL ACADEMIC YEAR OF TRAINING. FOR ADMINISTRATIVE AND PAYROLL PURPOSES MR. OSGUTHORPE WAS ASSIGNED TO THE OFFICE OF PERSONNEL, TRAINING COMPLEMENT, OF THE INTERNATIONAL COOPERATION ADMINISTRATION IN WASHINGTON, D.C. THE TRAINING COMPLEMENT WAS ESTABLISHED IN WASHINGTON, D.C., WITH A FIXED CEILING OF POSITIONS FOR THE PURPOSES OF CONTROLLING, FINANCING, AND ADMINISTERING YOUR TRAINING PROGRAM FOR FOREIGN SERVICE EMPLOYEES ASSIGNED FOR TRAINING IN THE UNITED STATES BETWEEN ASSIGNMENTS TO POSTS ABROAD.

SECTION 252, PARAGRAPH 251.11 OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) PROVIDES, REGARDING HOME SERVICE TRANSFER ALLOWANCE, AS FOLLOWS:

"252.11 DEFINITIONS

"A. "HOME SERVICE TRANSFER ALLOWANCE" MEANS A COST-OF-LIVING EXPENSES DEEMED INCIDENT TO THE ESTABLISHMENT OF HIS RESIDENCE AT A ALLOWANCE GRANTED TO AN EMPLOYEE PURSUANT TO SECTION 901 (2) (II) OF THE FOREIGN SERVICE ACT AMENDMENTS OF 1955, FOR EXTRAORDINARY AND NECESSARY POST (SEC. 215E) IN THE CONTINENTAL UNITED STATES BETWEEN ASSIGNMENTS TO POSTS ABROAD.

"B. "TRANSFER" MEANS A REASSIGNMENT THAT INVOLVES TRAVEL FROM A POST IN A FOREIGN AREA, OR FROM A TERRITORY OR POSSESSION OF THE UNITED STATES LISTED IN SECTION 251.22, TO A POST IN THE CONTINENTAL UNITED STATES WITH AN UNDERSTANDING CERTIFIED TO BY THE AGENCY AND THE EMPLOYEE THAT HE WILL, UPON COMPLETION OF SUCH REASSIGNMENT, AGAIN BE ASSIGNED TO A POST ABROAD.'

BOTH THE EMPLOYEE AND THE AGENCY HAVE REACHED AN UNDERSTANDING CERTIFIED TO ON DEPARTMENT OF STATE APPLICATION FOR PAYMENT OF HOME SERVICE TRANSFER ALLOWANCE THAT THE EMPLOYEE WILL, UPON COMPLETION OF HIS REASSIGNMENT IN THE UNITED STATES, AGAIN BE ASSIGNED TO A POST ABROAD AS REQUIRED BY THE ABOVE-QUOTED REGULATION. ONE OF THE ELEMENTS TO BE CONSIDERED IN THE HOME TRANSFER ALLOWANCE IS TEMPORARY LODGING DESIGNED TO OFFSET THE COST OF TEMPORARY LODGING ORDINARILY USED BY GOVERNMENT EMPLOYEES ARRIVING AT A POST IN THE CONTINENTAL UNITED STATES. WHILE THE PHRASE "TEMPORARY LODGING" AS USED IN SECTION 252 IS NOT DEFINED IN THE STANDARDIZED REGULATIONS WE HAVE BEEN INFORMALLY ADVISED BY THE STATE DEPARTMENT THAT THE TEMPORARY LODGING PORTION OF THE HOME SERVICE TRANSFER ALLOWANCE IS INTENDED TO COVER NECESSARY AND REASONABLE HOTEL EXPENSES INCURRED BY AN EMPLOYEE UPON FIRST ARRIVAL AT A POST OF ASSIGNMENT WHILE LOCATING AND ARRANGING FOR SUITABLE PERMANENT QUARTERS. THIS VIEW IS CONSISTENT WITH THE PURPOSE FOR WHICH A TEMPORARY LODGING ALLOWANCE IS AUTHORIZED IN FOREIGN AREAS. SEE GENERALLY SECTION 215M. FROM THE INFORMATION FURNISHED WE ASSUME THAT MR. OSGUTHORPE OCCUPIED THE QUARTERS AT THE ALUMNI-STUDENT BUILDING FOR THE FULL ACADEMIC YEAR WHILE ATTENDING CLASS.

IF THIS ASSUMPTION BE CORRECT, THE LODGING USED BY THE EMPLOYEE FOR A FULL ACADEMIC YEAR WHILE ATTENDING MISSISSIPPI STATE COLLEGE MAY NOT BE CONSIDERED AS TEMPORARY LODGING WITHIN THE PURVIEW OF SECTION 252 OF THE STANDARDIZED REGULATIONS AND THE EMPLOYEE WOULD NOT BE ENTITLED TO RECEIVE THE HOME SERVICE TRANSFER ALLOWANCE.