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B-191190 1 (1980-02-13)

handle is hein.gao/gaobadhzs0001 and id is 1 raw text is: 
B-191190


DATE:   February 13, 1980


MATTER  O


DIGEST:


F:


Dwight G. Garretson


(1)  Overseas employee of Federal Bureau of    0
     Investigation (FBI) permaiently assigned
     to Caracas, Venezuela, traveled from
     Caracas to Oklahoma City, Oklahoma,
     in order to receive medical treatment.
     Government funds may not be used to
     pay employee's travel since at the time
     of such travel there was no specific
     statutory authorization for payment
     of medical travel for overseas employees
     of the FBI.


            (2)  In the absence of clear Congressional
                 intent to the contrary and in view of
                 strict rules of statutory construction
                 concerning retroactive application of
                 laws, the medical travel benefits
                 extended to overseas employees of the
                 FBI by section 2(8) of the Department
                 of Justice Appropriation Authorization
                 Act, Fiscal Year 1979, apply only to
                 medical travel which occurred on or
                 after the beginning of fiscal year 1979.
                 Employee's travel which occurred prior
                 to the beginning of fiscal year 1979 is
                 not payable under this new provision.

            (3)  Employee may not be reimbursed for the
                 travel expenses incurred by his wife
                 from Caracas, Venezuela, to Oklahoma
                 City, Oklahoma, to be with employee who
                 traveled there for medical treatment
                 since there is no basis for payment
                 of the employee's travel expenses and
                 there is no authority to pay for an
                 attendant when travel of employee is not
                 authorized.

     The issue is whether Mr. Dwight G. Garretson, an overseas
employee of the Federal Bureau of Investigation (FBI), is


/1`TA- k cL 5 10L


FILE:


Plax -


                        THE  CO.IIPTROLLER  GENERAL
DECISION                OF  THE   UNITED STATES
                        WASHINGTON, D.C. 20548

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