B-33825, SEPTEMBER 1, 1943, 23 COMP. GEN. 153

B-33825, SEPTEMBER 1, 1943, 23 COMP. GEN. 153

CONSCIENTIOUS OBJECTORS - CASH ALLOWANCE IN LIEU OF SUBSISTENCE, ETC., EXPENSES WHILE ASSIGNED TO WORK OF GOVERNMENT AGENCIES A COMMUTED ALLOWANCE TO BE PAID NOT AS COMPENSATION BUT TO COVER EXPENSES, SUCH AS ITEMS OF SUBSISTENCE AND OTHER PERSONAL EXPENSES INCIDENTAL TO THE WORK INVOLVED, MAY BE PAID FROM OTHERWISE AVAILABLE APPROPRIATIONS TO CONSCIENTIOUS OBJECTORS ASSIGNED BY THE DIRECTOR OF SELECTIVE SERVICE TO "WORK OF NATIONAL IMPORTANCE" IN CERTAIN BUREAUS OF THE DEPARTMENT OF COMMERCE. 22 COMP. GEN. 995, MODIFIED.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR OF SELECTIVE SERVICE, SEPTEMBER 1, 1943:

REFERENCE IS MADE TO YOUR LETTER OF JULY 9, 1943, REQUESTING, IN EFFECT, RECONSIDERATION OF MY DECISION OF APRIL 27, 1943 (B-33825, 22 COMP. GEN. 995), TO THE SECRETARY OF COMMERCE RELATIVE TO THE PAYMENT OF EXPENSES OF CONSCIENTIOUS OBJECTORS ASSIGNED TO AGENCIES OF THE GOVERNMENT FOR THE PERFORMANCE OF "WORK OF NATIONAL IMPORTANCE.' ORDINARILY, DECISIONS RENDERED BY THIS OFFICE TO OFFICIALS OF THE GOVERNMENT ARE NOT REVIEWABLE OR FOR RECONSIDERATION EXCEPT AT THE REQUEST OF THE OFFICIALS TO WHOM RENDERED. IN THE PRESENT MATTER, HOWEVER, IT APPEARS THAT THE SELECTIVE SERVICE SYSTEM IS THE AGENCY PRIMARILY CONCERNED, NOT ONLY IN THE ASSIGNMENT OF THE CONSCIENTIOUS OBJECTORS BUT IN PROVIDING FOR THEIR MAINTENANCE AND OTHER EXPENSES DURING SUCH ASSIGNMENTS. HENCE, YOUR REQUEST WILL BE CONSIDERED ON THAT BASIS.

YOUR LETTER POINTS OUT THAT SAID DECISION HELD THAT FUNDS APPROPRIATED TO CERTAIN BUREAUS OF THE DEPARTMENT OF COMMERCE WERE AVAILABLE FOR PAYMENTS COVERING MAINTENANCE AND OTHER SPECIFIED EXPENSES IN CONNECTION WITH ASSIGNMENTS OF CONSCIENTIOUS OBJECTORS TO THE WORK OF SUCH BUREAUS, BUT THAT SINCE THERE WAS NOT SHOWN THE NECESSITY OF USING SUCH FUNDS TO PROVIDE CONSCIENTIOUS OBJECTORS WITH AN ALLOWANCE OF CASH--- OR COMPENSATION OF ANY KIND--- IT DID NOT APPEAR THAT THERE WAS ANY AUTHORITY TO CHARGE SUCH PAYMENTS TO THE FUNDS INVOLVED. IT IS THEN STATED IN YOUR LETTER:

THE REFERENCE TO AN ALLOWANCE OF NOT TO EXCEED $5 PER MONTH IN THE LETTER OF THE SECRETARY OF COMMERCE DOES NOT ACCURATELY EXPRESS THE ARRANGEMENT THAT MUST BE MADE IN ORDER TO PROVIDE FOR THE NECESSARY EXPENSES OF CONSCIENTIOUS OBJECTORS. THE ARRANGEMENT MADE BY THE SELECTIVE SERVICE SYSTEM DOES NOT CONTEMPLATE THAT THE CONSCIENTIOUS OBJECTORS WHO ARE ASSIGNED TO FEDERAL PROJECTS THAT HAVE BEEN DESIGNATED AS WORK OF NATIONAL IMPORTANCE UNDER CIVILIAN DIRECTION WILL RECEIVE ANY COMPENSATION. IT IS PROPOSED ONLY THAT SUCH CONSCIENTIOUS OBJECTORS BE GIVEN ALLOWANCES FOR EXPENSES. SUCH EXPENSES INCLUDE THE ITEMS OF SUBSISTENCE AND OTHER PERSONAL EXPENSES INCIDENTAL TO THE WORK INVOLVED. ALLOWANCES FOR PERSONAL EXPENSES ARE PROPOSED TO BE MADE ON A COMMUTED BASIS FOR SUCH AMOUNT AS MAY BE ADMINISTRATIVELY DETERMINED TO BE NECESSARY. SUCH CONSCIENTIOUS OBJECTORS WILL NOT BE CARRIED ON THE PAY ROLLS OF THE GOVERNMENT AGENCIES INVOLVED.

THUS, IT IS EXPLAINED THAT THE ALLOWANCE OF NOT TO EXCEED $5 PER MONTH IS NOT TO BE PAID AS COMPENSATION BUT IS INTENDED TO COVER "ITEMS OF SUBSISTENCE AND OTHER PERSONAL EXPENSES INCIDENTAL TO THE WORK INVOLVED," AND THAT THE ALLOWANCE WILL BE FOR SUCH AMOUNT ON A COMMUTED BASIS AS MAY BE ADMINISTRATIVELY DETERMINED TO BE NECESSARY. WHILE IT WOULD BE DIFFICULT TO CONCEIVE OF CIRCUMSTANCES UNDER WHICH THE PAYMENT OF COMPENSATION TO CONSCIENTIOUS OBJECTORS ENGAGED ON SUCH WORK COULD BE CONSIDERED A "NECESSARY" EXPENSE--- REGARDLESS OF AMOUNT--- IT WELL MAY BE THAT AS A MATTER OF ADMINISTRATIVE EXPEDIENCY IT WOULD BE PREFERABLE TO COMMUTE SUNDRY SUBSISTENCE AND MAINTENANCE ITEMS OF EXPENSE IN THE FORM OF A SMALL CASH ALLOWANCE. ACCORDINGLY, IN LIGHT OF THE ABOVE EXPLANATION, NO FURTHER OBJECTION WILL BE MADE BY THIS OFFICE TO THE PAYMENT OF SUCH ALLOWANCE TO CONSCIENTIOUS OBJECTORS FROM OTHERWISE AVAILABLE APPROPRIATIONS.

THE SUFFICIENCY OF THE FORMS TRANSMITTED WITH YOUR LETTER, WHICH ARE PROPOSED TO BE USED IN THE PAYMENT OF SUCH ALLOWANCES BY THE VARIOUS GOVERNMENT AGENCIES, WILL BE THE SUBJECT OF A SUBSEQUENT LETTER FROM THIS OFFICE.