A-98632, OCTOBER 24, 1938, 18 COMP. GEN. 375

A-98632, OCTOBER 24, 1938, 18 COMP. GEN. 375

OFFICERS AND EMPLOYEES - DETAILS TO AMERICAN REPUBLICS, ETC. - MONTHLY ALLOWANCES, RETIREMENT DEDUCTIONS, USE OF FOREIGN VESSELS, DISPOSITION OF REIMBURSEMENT REFUNDS, AND EXCHANGE LOSSES THE MONTHLY ALLOWANCES TO BE ESTABLISHED FOR QUARTERS AND SUBSISTENCE DURING THE PERIOD OF DETAIL OF UNITED STATES EMPLOYEES TO GOVERNMENTS OF AMERICAN REPUBLICS, ETC., PURSUANT TO THE ACT OF MAY 25, 1938, 52 STAT. 442, ARE NOT LIMITED BY THE PROVISIONS OF SECTION 207 AND 210 OF THE ACT OF JUNE 30, 1932, 47 STAT. 405, OR THE STANDARDIZED GOVERNMENT REGULATIONS REGARDING RENT, HEAT, AND LIGHT ALLOWANCES FOR OFFICERS RESIDENT IN FOREIGN POSTS PROMULGATED UNDER THE ACT OF JUNE 26, 1930, 46 STAT. 818. RETIREMENT DEDUCTIONS--- WHETHER THERE BE INVOLVED EITHER THE FOREIGN SERVICE OR CIVIL SERVICE RETIREMENT ACTS--- NEED NOT BE MADE FROM THE ADDITIONAL COMPENSATION OR ALLOWANCES GRANTED TO EMPLOYEES OF THE UNITED STATES DETAILED TO GOVERNMENTS OF AMERICAN REPUBLICS, ETC., PURSUANT TO THE ACT OF MAY 25, 1938, 52 STAT. 442. THE PROVISIONS OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, REQUIRING THE USE OF SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES EXCEPT AS THEREIN STATED ARE APPLICABLE TO EMPLOYEES OF THE UNITED STATES DETAILED TO GOVERNMENTS OF AMERICAN REPUBLICS, ETC., PURSUANT TO THE ACT OF MAY 25, 1938, 52 STAT. 442, NOTWITHSTANDING THE COST OF THEIR TRANSPORTATION MAY BE REIMBURSED SUBSEQUENTLY TO THE UNITED STATES BY THE GOVERNMENT TO WHICH DETAILED. REIMBURSEMENTS OF EXPENSES MADE BY THE GOVERNMENTS OF AMERICAN REPUBLICS, ETC., IN WHOSE INTEREST AN EMPLOYEE OF THE UNITED STATES IS DETAINED PURSUANT TO THE ACT OF MAY 25, 1938, 52 STAT. 442, ARE, IN THE ABSENCE OF A STATUTE SPECIFICALLY AUTHORIZING OTHERWISE, FOR DEPOSIT AND COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS AS REQUIRED BY SECTION 3617, REVISED STATUTES. WHERE THE ADDITIONAL COMPENSATION AND ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR EMPLOYEES OF THE UNITED STATES DETAILED TO GOVERNMENTS OF AMERICAN REPUBLICS, ETC., PURSUANT TO THE ACT OF MAY 25, 1938, 52 STAT. 442, IS FIXED ON THE BASIS OF THE INCREASED LIVING COSTS DUE TO RESIDENCE IN THE COUNTRY TO WHICH DETAILED, NO EXCHANGE LOSSES WILL ARISE WITHIN THE PURVIEW OF THE ACT OF MARCH 26, 1934, 48 STAT. 466, NOR CAN SUCH LOSSES OTHERWISE ARISE IN CONNECTION WITH DETAILS TO THE PHILIPPINE ISLANDS AS THE EXECUTIVE ORDERS ISSUED UNDER THE 1934 ACT HAVE MADE NO PROVISION THEREFOR.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, OCTOBER 24, 1938:

YOUR LETTER OF OCTOBER 18, 1938, IS AS FOLLOWS:

THE ACT APPROVED MAY 25, 1938, PUBLIC, NO. 545, 75TH CONGRESS, AUTHORIZING THE TEMPORARY DETAIL OF UNITED STATES EMPLOYEES, POSSESSING SPECIAL QUALIFICATIONS, TO GOVERNMENTS OF AMERICAN REPUBLICS AND THE PHILIPPINES, AND FOR OTHER PURPOSES, IS QUOTED BELOW FOR YOUR READY REFERENCE.

"BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT OF THE UNITED STATES BE, AND HEREBY IS, AUTHORIZED, WHENEVER HE FINDS THAT THE PUBLIC INTEREST RENDERS SUCH A COURSE ADVISABLE, UPON AGREEMENT WITH THE GOVERNMENT OF ANY OTHER AMERICAN REPUBLIC OR THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINE ISLANDS, OR THE GOVERNMENT OF LIBERIA, IF SUCH GOVERNMENT IS DESIROUS OF OBTAINING THE SERVICES OF A PERSON HAVING SPECIAL SCIENTIFIC OR OTHER TECHNICAL OR PROFESSIONAL QUALIFICATIONS, OTHER THAN THOSE PERSONS COVERED BY THE ACT OF MAY 19, 1926 (44 STAT. 565), AS AMENDED BY THE ACT OF MAY 14, 1935, (49 STAT.218), TO DETAIL FOR TEMPORARY SERVICE OF NOT EXCEEDING ONE YEAR, UNDER SUCH GOVERNMENT ANY SUCH PERSON IN THE EMPLOY OF THE GOVERNMENT OF THE UNITED STATES WHOSE SERVICES CAN BE SPARED: PROVIDED, THAT THE PRESIDENT MAY, IN EXTRAORDINARY CIRCUMSTANCES, EXTEND THE PERIOD OF SUCH DETAIL FOR ONE OR MORE ADDITIONAL PERIODS OF NOT TO EXCEED SIX MONTHS EACH; AND PROVIDED FURTHER, THAT WHILE SO DETAILED, SUCH PERSON SHALL BE CONSIDERED FOR THE PURPOSE OF PRESERVING HIS RIGHTS AND PRIVILEGES AS SUCH, AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES AND OF THE DEPARTMENT OR AGENCY FROM WHICH DETAILED AND SHALL CONTINUE TO RECEIVE THEREFROM COMPENSATION, AND HE SHALL RECEIVE ADDITIONAL COMPENSATION FROM THE DEPARTMENT OR AGENCY FROM WHICH DETAILED NOT TO EXCEED 50 PERCENTUM OF THE COMPENSATION HE WAS RECEIVING AS AN OFFICER OR EMPLOYEE OF THE UNITED STATES AT THE TIME OF DETAIL, AND SHALL RECEIVE FROM THE UNITED STATES REIMBURSEMENT FOR TRAVEL EXPENSES TO AND FROM THE PLACE OF DETAIL AND MONTHLY ALLOWANCES DETERMINED BY THE PRESIDENT TO BE ADEQUATE FOR QUARTERS AND SUBSISTENCE DURING THE PERIOD OF SUCH DETAIL. THE ADDITIONAL COMPENSATION, TRAVEL EXPENSES, AND OTHER ALLOWANCES AUTHORIZED BY THIS ACT TO BE PAID TO ANY SUCH OFFICER OR EMPLOYEE SHALL BE PAID FROM ANY APPROPRIATIONS AVAILABLE FOR THE PAYMENT OF COMPENSATION AND TRAVEL EXPENSES OF THE OFFICERS AND EMPLOYEES OF THE DEPARTMENT OR AGENCY FROM WHICH HE IS DETAILED: PROVIDED, HOWEVER, THAT IF ANY OF THE GOVERNMENTS TO WHICH DETAILS ARE AUTHORIZED BY THIS ACT SHALL EXPRESS THE DESIRE TO REIMBURSE THIS GOVERNMENT IN WHOLE OR IN PART FOR THE EXPENSES OF SUCH DETAILS, THE PRESIDENT IS AUTHORIZED, WHEN HE DEEMS IT IN THE PUBLIC INTEREST, TO ACCEPT SUCH REIMBURSEMENT.'

THERE HAS BEEN LOANED TO THE GOVERNMENT OF THE DOMINICAN REPUBLIC AN OFFICER OF THE FOREIGN SERVICE, WHO HAS BEEN GRANTED ADDITIONAL COMPENSATION AS AUTHORIZED BY THE STATUTE WHILE PERFORMING SUCH TEMPORARY DUTY. THE ASSIGNMENT OF OTHER OFFICERS TO ASSIST THE GOVERNMENT OF THE PHILIPPINES IS NOW CONTEMPLATED AND IT IS HOPED TO CONCLUDE ARRANGEMENTS TO PERMIT OF THEIR SAILING WITHIN A FEW DAYS.

IN CONNECTION WITH THE ADDITIONAL COMPENSATION AND OTHER SPECIAL ALLOWANCES ENVISAGED BY THE STATUTE UNDER REFERENCE, YOUR URGENT DECISION IS RESPECTFULLY REQUESTED WITH REGARD TO THE FOLLOWING QUERIES:

1. INFORMATION IS REQUESTED WITH RESPECT TO THE INTERPRETATION OF YOUR OFFICE OF THE PROVISION OF THE ACT QUOTED ABOVE WHICH AUTHORIZES "MONTHLY ALLOWANCES DETERMINED BY THE PRESIDENT TO BE ADEQUATE FOR QUARTERS AND SUBSISTENCE DURING THE PERIOD OF SUCH DETAIL.' IS THIS DEPARTMENT CORRECT IN ASSUMING THAT THE PRESIDENT, IN FIXING THE "MONTHLY ALLOWANCES" AUTHORIZED, IS NOT (1) LIMITED BY THE PROVISIONS OF SECTIONS 207 AND 210 OF THE ACT OF JUNE 30, 1932, IN THE EVENT HE SHOULD NOT CONSIDER THE AMOUNTS PROVIDED BY THESE SECTIONS TO BE "ADEQUATE," OR (2) BY THE AMOUNTS FIXED BY THE STANDARDIZED REGULATIONS FOR ALLOWANCES FOR RENT, HEAT, AND LIGHT FOR OFFICERS RESIDENT IN FOREIGN POSTS AS ESTABLISHED WITH THE PRESIDENT'S APPROVAL UNDER DATE OF JUNE 19, 1931, PROMULGATED UNDER THE AUTHORITY OF THE ACT OF JUNE 26, 1930, (46 STAT. 816/?

2. SHOULD DEDUCTION OF CONTRIBUTIONS FOR CREDIT TO RETIREMENT FUNDS, EITHER FOREIGN SERVICE OR CIVIL SERVICE, BE MADE ONLY FROM THE REGULAR BASIC SALARY OF THE OFFICER OR EMPLOYEE, REGARDING THE ADDITIONAL COMPENSATION IN THE SAME MANNER AS OTHER SPECIAL ALLOWANCES, SUCH AS THAT PROVIDED WHILE ACTING AS CHARGE D-AFFAIRES AD INTERIM, AND NOT SUBJECT TO DEDUCTION FOR RETIREMENT URPOSES?

3. ARE THE PROVISIONS OF SECTION 901 OF THE MERCHANT MARINE ACT OF 1936 FOR APPLICATION IN CONNECTION WITH TRAVELING EXPENSES INCURRED IRRESPECTIVE OF WHETHER REIMBURSEMENT THEREOF IS TO BE MADE BY THE GOVERNMENT IN INTEREST?

4. IN CASES WHERE REIMBURSEMENT OF THE EXPENSES IS MADE BY THE GOVERNMENT IN WHOSE INTEREST THE DETAIL IS EFFECTED, WHETHER IN WHOLE OR IN PART, FOR THE EXPENSES OF SUCH DETAILS, MAY SUCH REIMBURSEMENT BE CREDITED TO THE APPROPRIATION AGAINST WHICH THE CHARGES HAVE BEEN PAID, OR MUST SUCH REIMBURSEMENT BE CONSIDERED A MISCELLANEOUS RECEIPT FOR DEPOSIT IN THE TREASURY AS SUCH?

5. IN CONNECTION WITH THE DETAIL OF OFFICERS AND EMPLOYEES FOR SUCH DUTY, ARE THE EXCHANGE LOSSES SUSTAINED DUE TO THE APPRECIATION OF FOREIGN CURRENCIES IN THEIR RELATION TO THE DOLLAR FOR REIMBURSEMENT IN PROPER CASES FROM THE APPLICABLE APPROPRIATION FOR EXCHANGE RELIEF?

6. IN THE EVENT IT IS DECIDED THAT CONTRIBUTIONS FOR CREDIT TO THE RETIREMENT FUNDS ARE TO BE MADE FROM THE ADDITIONAL COMPENSATION WHICH MAY BE GRANTED INCIDENT TO SUCH TEMPORARY SERVICE AND REIMBURSEMENT OF THE EXPENSES INCURRED IS TO BE MADE BY THE GOVERNMENT IN INTEREST, WHAT APPROPRIATION, OR FUND, IS TO BE CREDITED WITH THAT PORTION WHICH REPRESENTS THE DEDUCTIONS SO MADE?

YOUR EARLY DECISION WITH REFERENCE TO THESE QUESTIONS WILL BE VERY MUCH APPRECIATED IN ORDER THAT SUCH ADJUSTMENT AS IS NECESSARY MAY BE AFFECTED AT AN EARLY DATE WITH RESPECT TO THE INSTRUCTIONS TO THE OFFICER ALREADY DETAILED AND THAT PROPER INSTRUCTIONS MAY BE ISSUED TO THE OFFICERS WHOM IT IS CONTEMPLATED WILL BE DETAILED FOR DUTY WITH THE PHILIPPINE GOVERNMENT IN THE IMMEDIATE FUTURE.

THE QUESTIONS WILL BE ANSWERED IN THE ORDER IN WHICH ASKED.

1. AS THE MONTHLY ALLOWANCES ARE PRESCRIBED BY A SPECIAL STATUTE AND SUBJECT TO DETERMINATION AS TO AMOUNT BY THE PRESIDENT OF THE UNITED STATES, SUCH ALLOWANCES ARE NOT LIMITED BY THE PROVISIONS OF SECTIONS 207 AND 210 OF THE ACT OF JUNE 30, 1932, OR THE STANDARDIZED GOVERNMENT REGULATIONS REGARDING RENT, HEAT, AND LIGHT ALLOWANCES PROMULGATED UNDER THE ACT OF JUNE 26, 1930, 46 STAT. 818.

2. THE DEDUCTIONS OF CONTRIBUTIONS TO THE RETIREMENT FUNDS ARE, BY SECTION 10, CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 475, AND SECTION 26 (A), FOREIGN SERVICE RETIREMENT ACT OF FEBRUARY 23, 1931, 46 STAT. 1211, TO BE MADE FROM "BASIC SALARY, PAY, OR COMPENSATION" AND ,BASIC PAY," RESPECTIVELY. ACCORDINGLY, SUCH DEDUCTIONS ARE NOT REQUIRED TO BE MADE FROM THE ADDITIONAL COMPENSATION OR THE ALLOWANCES GRANTED PURSUANT TO THE ACT OF MAY 25, 1938, SUPRA, A-31584, MAY 28, 1930; 4 COMP. GEN. 770; ID. 875; 5 ID. 926. COMPARE 10 COMP. GEN. 302.

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

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 THEREFOR.

AS THE OFFICERS OR EMPLOYEES IN QUESTION RETAIN THEIR STATUS AS OFFICERS OR EMPLOYEES OF THE UNITED STATES, THE PROVISIONS OF THE ABOVE STATUTE ARE APPLICABLE, NOTWITHSTANDING THAT THE COST OF THEIR TRANSPORTATION MAY BE REIMBURSED SUBSEQUENTLY TO THE UNITED STATES BY THE GOVERNMENT TO WHICH DETAILED.

4. IN THE ABSENCE OF A STATUTE SPECIFICALLY AUTHORIZING THE CREDITING OF RECEIPTS TO THE APPROPRIATION TO WHICH THE COST WAS ORIGINALLY CHARGED, ALL SUCH RECEIPTS MUST BE DEPOSITED AND COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS AS REQUIRED BY SECTION 3617, REVISED STATUTES.

5.AS IT MAY BE PRESUMED THAT THE ADDITIONAL COMPENSATION UP TO 50 PERCENT OF THE BASIC PAY AND THE ALLOWANCES FOR QUARTERS AND SUBSISTENCE WILL BE FIXED AT SUCH RATES AS WILL TAKE CARE OF THE INCREASED LIVING COSTS DUE TO RESIDENCE IN THE COUNTRY TO WHICH DETAILED, NO EXCHANGE LOSSES WILL BE INCURRED WITHIN THE PURVIEW OF THE ACT OF MARCH 26, 1934, 48 STAT. 466. FURTHERMORE, NO QUESTION OF EXCHANGE LOSSES CAN ARISE IN CONNECTION WITH DETAILS TO THE PHILIPPINE ISLANDS AS THE VARIOUS EXECUTIVE ORDERS ISSUED UNDER THE ABOVE ACT DO NOT PROVIDE ANY BASIS THEREFOR.