B-124927, OCT. 6, 1955

B-124927, OCT. 6, 1955

TO THE HONORABLE SECRETARY OF STATE:

ON JULY 28, 1955, YOUR REFERENCE GF:AUD/S, THE DEPUTY UNDER SECRETARY FOR ADMINISTRATION REQUESTED REVIEW OF THE EXCEPTION TAKEN IN THE AUDIT BY OUR OFFICE TO A PAYMENT OF $841.35 IN THE ACCOUNTS OF HELEN E. GEEN, U.S. DISBURSING OFFICER, OTTAWA, CANADA, REPRESENTING PER DIEM AND STEAMSHIP FARES INVOLVED IN TRAVEL ON THE S.S. EMPRESS OF SCOTLAND, A VESSEL OF FOREIGN REGISTRY.

THE AUDIT EXCEPTION WAS BASED ON THE FAILURE TO MAKE USE OF A VESSEL OF AMERICAN REGISTRY AS REQUIRED BY SECTION 901, OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015. THE REPLY TO THE AUDIT EXCEPTION STATES THAT THE TRAVELER, MR. HERBERT F. PROPPS, HAD COMPLETED HIS OFFICIAL DUTIES AT LONDON MAY 1, 1953, AND THAT NO AMERICAN VESSEL WAS SCHEDULED TO SAIL UNTIL MAY 13, AND THAT FURTHERMORE THE USE OF AN AMERICAN VESSEL WOULD HAVE NECESSITATED ADDITIONAL EXPENDITURE FOR TRANSPORTATION BY RAIL BETWEEN NEW YORK CITY AND OTTAWA. THE ACCOMMODATIONS WERE PROCURED ON THE S.S. EMPRESS OF SCOTLAND SAILING MAY 5, AND DOCKING AT QUEBEC.

SECTION 901, OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, PROVIDES AS FOLLOWS:

"ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY REFOR.'

IN 31 COMP. GEN. 351, WE HELD THAT ECONOMY ALONE MAY NOT BE RELIED UPON AS A BASIS FOR USING FOREIGN VESSELS. SUCH USE OF FOREIGN VESSELS MUST BE NECESSITATED BY A GOVERNMENT NEED.

IN DETERMINING WHETHER IT WAS NECESSARY FOR THE EMPLOYEE TO USE A FOREIGN VESSEL THE PERSONNEL RECORDS WERE EXAMINED. THAT EXAMINATION DISCLOSED THAT THE ADMINISTRATIVE DETERMINATION TO TRANSFER MR. PROPPS TO CANADA WAS BASED ON A NEED TO FILL A VACANCY AT THAT TIME WHICH IS SUPPORTED BY THE INSTRUCTION OF MARCH 20, 1953, TO HIM TO DEPART "SOONEST" BY TMSEVEN. FURTHERMORE, THE RECORDS REVEALED THAT THE IMMEDIATE TRANSFER OF MR. PROPPS WOULD HAVE CAUSED HIM SOME $600 LOSS BECAUSE OF A LEASE PROCURED BY HIM WHICH WOULD EXPIRE MAY 5, 1953, AND THAT THE ACCOMMODATIONS ON FOREIGN VESSELS FOR MAY 5, 1953, WERE PROCURED AS EARLY AS APRIL 14TH. WE ARE ADVISED THAT THREE AMERICAN VESSELS SAILED FROM SOUTHAMPTON FOR NEW YORK BETWEEN APRIL 15, AND MAY 5, AND NO EVIDENCE IS SUBMITTED TO ESTABLISH THAT EITHER THE EMBASSY OR THE EMPLOYEE ATTEMPTED TO SECURE ACCOMMODATIONS ON ANY OF SUCH AMERICAN VESSELS. THE ASSERTION THAT THE DELAY RESULTED IN THE MAXIMUM UTILIZATION OF MR. PROPPS SERVICES AT LONDON IS NOT UNDERSTOOD BECAUSE THE RECORD DISCLOSES THAT HIS REPLACEMENT ALREADY HAD ARRIVED IN LONDON WHEN INSTRUCTIONS OF MARCH 20, 1953, WERE ISSUED. THUS, IT WOULD APPEAR THAT THE DELAY IN TRANSFERRING MR. PROPPS TO CANADA AND THE RESULTANT USE OF FOREIGN VESSELS WAS ATTRIBUTABLE TO A LARGE EXTENT TO THE PERSONAL OBLIGATIONS OF MR. PROPPS RATHER THAN ANY NECESSITY FROM A GOVERNMENT STANDPOINT. IN THE CIRCUMSTANCES WE MUST CONCLUDE THAT THE PRESENT RECORD DOES NOT ESTABLISH THE NECESSITY FOR THE USE OF A FOREIGN VESSEL ..END :