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B-192085 1 (1978-07-06)

handle is hein.gao/gaobadged0001 and id is 1 raw text is: 10 ii THE COMPTROLLER GENERAL DECIBION .1 Zu. OF THE UNITED BTATEB WASHINGTON. D.C. 110048 FILE: B-192085 DATE: sily 6, 1978 MATTER OF! Department of State - Family Travel Under Section 911(10) of Foreign Service Act of 1946 DIGEST: Department of State requests legal opinion regarding its authority under Section 911(10) of Foreign Service Act of 1946, as amended, to pay travel expenses for family members. We believe Department of State has authority to pay family travel expenses to temporary duty (TDY) station when home leave follows TDY. Since the consutation or training incident to TDY is generally essential to new assignment, authorization of home leave subsequent to TDY should not be viewed as contravening the 'en route requirement of Section 911(10). This decision is rendered in response to the Department of State's inquiry concerning the scope of its authority under Section 911(10) of the POt eign Service Act of 1946, as amended (22 U1. S.C. 5 1136(10)). Section 911(10) provides: The Secretary may, under such regulations as he shall prescribe, pay the travel expenses of members of the family accompanying, preceding, or following an officer or employee, if, while he is en route to his post of assignment, he is ordered temporarily for orientation and training or is given other tem- porary duty. In the past, the Department of State has given the words en route to his post of assignment a somewhat restrictive construction, authorizing payment only when an employ: e was directly en route to the post of assignment. For example, if an eiploIyiee was trans- ferred from Post A to Post B with temporary duty (TDY) and home leave, the travel of family members to the TDY point has been paid only if home leave preceded the TDY. Our decision is re4uested as to the legality of construing this provision less res!rictively, so as to encompass situations where TDY occurs in the segment of travel that does rot immediately end at the new post of assignment. Specifically, the question presented is whether the authorization of home leave following a tcmporary duty assignment and before travel to the now post of assignment con- travenes the en rouLe requirement of Siection 911(10). :&' I