A-34393, FEBRUARY 2, 1931, 10 COMP. GEN. 335

A-34393, FEBRUARY 2, 1931, 10 COMP. GEN. 335

COMPENSATION - PAY - ALLOWANCES - CIVILIAN AND COMMISSIONED PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE THERE IS NO AUTHORITY UNDER THE ACT OF MARCH 5, 1928, 45 STAT. 193, OR OTHERWISE, TO COLLECT RENTAL OR SUBSISTENCE CHARGES FROM THE CIVILIAN PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE UNDER THE ACT OF MAY 13, 1930, 46 STAT. 273, BUT THE REASONABLE VALUE TO THE EMPLOYEES OF SUCH ALLOWANCES FURNISHED IN KIND MUST BE DETERMINED AND CONSIDERED A PART OF THE COMPENSATION WITHOUT ADJUSTMENT OF APPROPRIATIONS. 10 COMP. GEN. 258, AFFIRMED. IN ANY CASE WHERE QUARTERS IN KIND ARE FURNISHED TO AND ACCEPTED BY COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DURING DETAIL TO THE DEPARTMENT OF JUSTICE UNDER THE ACT OF MAY 13, 1930, 46 STAT. 273, ALTHOUGH THE QUARTERS ARE UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, NO COLLECTION OF RENT OR OTHER ADJUSTMENT OF APPROPRIATIONS IS NECESSARY OR AUTHORIZED WITH RESPECT THERETO. IF A COMMISSIONED OFFICER ENTITLED TO RENTAL ALLOWANCE REFUSES TO ACCEPT QUARTERS IN KIND OFFERED TO HIM DURING SUCH DETAIL, HE SHOULD NOT THEN BE PERMITTED TO RENT QUARTERS FROM THE GOVERNMENT. IT IS PROPER FOR THE DEPARTMENT OF JUSTICE TO MAKE A CHARGE FOR SUBSISTENCE FURNISHED COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE UNDER THE ACT OF MAY 13, 1930, 46 STAT. 273, WHICH SHOULD BE BASED ON THE PREVAILING COMMERCIAL RATES IN THE LOCALITY, THE PROCEEDS FROM WHICH MAY BE DEPOSITED TO THE CREDIT OF THE PROPER APPROPRIATION UNDER THE DEPARTMENT OF JUSTICE. THE APPROPRIATIONS UNDER THE PUBLIC HEALTH SERVICE MAY BE REIMBURSED THE AMOUNT OF PAY AND MONEY ALLOWANCES PAID BY THE PUBLIC HEALTH SERVICE TO THE COMMISSIONED OFFICERS DURING SUCH DETAIL. IT IS PROPER FOR THE DEPARTMENT OF JUSTICE TO FURNISH MEALS IN THE OFFICIAL MESS TO OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHILE IN THE PERFORMANCE OF OFFICIAL DUTIES AT A PENAL INSTITUTION DURING A TRAVEL STATUS, AS DISTINGUISHED FROM A NONTRAVEL STATUS, AND TO MAKE A CHARGE THEREFOR BASED ON THE PREVAILING COMMERCIAL RATES IN THE LOCALITY, THE PROCEEDS OF WHICH SHOULD BE TAKEN UP AS COLLECTIONS AND DEPOSITED TO THE CREDIT OF MISCELLANEOUS RECEIPTS UNDER SECTION 3617 OF THE REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, FEBRUARY 2, 1931:

THERE WAS RECEIVED ON JANUARY 5, 1931, YOUR LETTER OF DECEMBER 22, 1930, AS FOLLOWS:

YOUR LETTER OF DECEMBER 10, 1930, FILE A-34393, STATES IN EFFECT THAT WHERE MEDICAL AND HOSPITAL SERVICE FOR PENAL AND CORRECTIONAL INSTITUTIONS OF THE DEPARTMENT OF JUSTICE IS RENDERED BY THE PUBLIC HEALTH SERVICE "THERE SHOULD BE ALLOTTED TO THE PUBLIC HEALTH SERVICE FROM THE APPROPRIATIONS UNDER THE DEPARTMENT OF JUSTICE ONLY AN AMOUNT NECESSARY TO PAY THE AGGREGATE OF THAT PART OF THE COMPENSATION OF THE DETAILED PERSONNEL WHICH IS PAYABLE IN CASH, THE REMAINDER OF THE COMPENSATION, REPRESENTING THE DETERMINED VALUE OF QUARTERS AND OTHER ALLOWANCES FURNISHED IN KIND, CONSTITUTING A DIRECT CHARGE AGAINST THE APPROPRIATIONS UNDER THE DEPARTMENT OF JUSTICE AVAILABLE FOR UPKEEP AND MAINTENANCE OF QUARTERS, ETC.' YOUR LETTER INDICATES THIS STATEMENT IS BASED UPON THE ASSUMPTION THAT ONLY CIVILIAN, AS DISTINGUISHED FROM COMMISSIONED, PERSONNEL OF THE PUBLIC HEALTH SERVICE IS DETAILED TO THE DEPARTMENT OF JUSTICE.

AS A MATTER OF FACT FULL MEDICAL AND HOSPITAL SERVICE IS BEING RENDERED BY THE PUBLIC HEALTH SERVICE AND THE DETAILS INCLUDE COMMISSIONED PERSONNEL AS WELL AS THOSE TAKEN FROM THE CIVIL SERVICE REGISTER, SUCH AS ACTING ASSISTANT SURGEON, NURSES, DRUG CLERKS, PSYCHOLOGISTS, ETC.

THE PLAN UNDER WHICH MEDICAL AND HOSPITAL SERVICE IS PROVIDED BY THE PUBLIC HEALTH SERVICE CONTEMPLATES A MOBILE FORCE. THE CONDITIONS IN THE VARIOUS PENAL AND CORRECTIONAL INSTITUTIONS VARY ACCORDING TO THE CHARACTER OF THE SERVICE. FOR INSTANCE, IN THE LARGE PENITENTIARIES AT ATLANTA AND LEAVENWORTH ONLY A FEW GOVERNMENT-OWNED QUARTERS ARE AVAILABLE, AND THEY ARE OCCUPIED BY A FEW OF THE HIGHER OFFICIALS. THERE IS NO OFFICERS' MESS PROVIDED BY THE GOVERNMENT. AT ALDERSON PRACTICALLY ALL OFFICERS AND EMPLOYEES ARE PROVIDED WITH GOVERNMENT OWNED QUARTERS AND THERE IS AN OFFICERS' MESS. ON THE OTHER HAND, WHILE THERE IS AN OFFICERS' MESS AT CHILLICOTHE AND A FEW GOVERNMENT OWNED DWELLINGS, A LARGE NUMBER OF THE GUARDS OCCUPY TEMPORARY WOODEN BUILDINGS ERECTED ON THE RESERVATION WITHOUT COST TO THE GOVERNMENT, THROUGH UTILIZATION OF SALVAGED MATERIALS, FOR WHICH A SMALL RENTAL CHARGE IS MADE, BUT THERE ARE NO QUARTERS AVAILABLE FOR THE PUBLIC HEALTH SERVICE. THE RENTAL VALUE OF QUARTERS FURNISHED BY THE GOVERNMENT AT ALL PENAL AND CORRECTIONAL INSTITUTIONS HAS BEEN FIXED AS REPRESENTING A FAIR CHARGE FOR THE TYPE OF SHELTER PROVIDED. SUBSISTENCE, HOWEVER, IS FIXED AT THE ACTUAL COST TO THE GOVERNMENT, AND SHOULD THE VALUE OF SUCH ALLOWANCES EXCEED THE AMOUNT DEDUCTED FROM THE EMPLOYEE'S SALARY, A REFUND WOULD BE REQUIRED.

AS MENTIONED IN OUR LETTER OF NOVEMBER 24, 1930, THERE IS A MARKED DIFFERENCE BETWEEN THE TYPE AND VALUE OF QUARTERS AUTHORIZED BY THE PUBLIC HEALTH SERVICE UNDER THEIR BUREAU CIRCULAR NO. 27 ISSUED JULY 1, 1928, AND THOSE PROVIDED BY THE DEPARTMENT OF JUSTICE. IN FACT THE QUESTION OF QUARTERS IS PRACTICALLY NEGLIGIBLE, SINCE THERE IS ONLY ONE INSTITUTION, THAT AT ALDERSON, WHERE QUARTERS ARE AVAILABLE. THEREFORE, THE DIFFICULTY LIES IN THE VALUE OF SUBSISTENCE, RANGING FROM $20 A MONTH IN THE ALDERSON INSTITUTION, $15 A MONTH IN THE CHILLICOTHE INSTITUTION, TO NOTHING IN ATLANTA AND LEAVENWORTH PENITENTIARIES.

HOWEVER, IT MUST BE REMEMBERED THAT AT THE LAST TWO INSTITUTIONS VERY LITTLE MEDICAL SERVICE HAS PREVIOUSLY BEEN PROVIDED, THERE FORMERLY HAVING BEEN BUT ONE MEDICAL OFFICER FOR EACH INSTITUTION, WHEREAS FULL MEDICAL AND HOSPITAL SERVICE IS NOW FURNISHED BY A CORPS OF PUBLIC HEALTH SERVICE OFFICERS AND EMPLOYEES ON DETAIL, AND THAT NOW SOME ARRANGEMENT MUST BE MADE TO PROVIDE SUCH PERSONNEL WITH MESS FACILITIES.

NOW THE PRACTICAL DIFFICULTY ARISES IN MEETING STANDARDIZED REQUIREMENTS OF THE PUBLIC HEALTH SERVICE IN PROVIDING SUBSISTENCE ALLOWANCE AT INSTITUTIONS WHERE STANDARDS ARE NOT THE SAME. AS PREVIOUSLY STATED THE FORCE OF THE PUBLIC HEALTH SERVICE IS MOBILE. THE ALLOWANCE VALUES UNDER PUBLIC HEALTH SERVICE REGULATIONS DIFFER FROM THOSE OF THE PENAL AND CORRECTIONAL SERVICE. THE VALUES FIXED FOR THE LATTER ARE BASED UPON VARYING SERVICE CONDITIONS AND REPRESENT ACTUAL COSTS FOR SUBSISTENCE. WOULD BE MANIFESTLY UNFAIR FOR THE GOVERNMENT TO CHARGE A PUBLIC HEALTH SERVICE EMPLOYEE AT A HIGHER RATE THAN THE COST TO THE DEPARTMENT OF JUSTICE PERSONNEL, AND IT WOULD BE EQUALLY INEQUITABLE FOR US TO INCREASE THE VALUE OF ALLOWANCES IN EXCESS OF COSTS SIMPLY TO MEET A RATE ESTABLISHED BY THE PUBLIC HEALTH SERVICE UPON A STANDARD HIGHER THAN THAT MAINTAINED IN THE PENAL AND CORRECTIONAL INSTITUTIONS.

IT WOULD APPEAR THE INTENT OF THE LAW WAS THAT THE PUBLIC HEALTH SERVICE ALLOWANCES SHOULD BE FIXED IN ACCORDANCE WITH TREASURY REGULATIONS, SINCE THE ACT ITSELF READS "THE COMPENSATION, ALLOWANCES, AND EXPENSES OF THE PERSONNEL SO DETAILED MAY BE PAID FROM APPLICABLE APPROPRIATIONS OF THE PUBLIC HEALTH SERVICE IN ACCORDANCE WITH THE LAW AND REGULATIONS GOVERNING THE PERSONNEL OF THE PUBLIC HEALTH SERVICE," ETC.

SINCE THE STATUTE REQUIRING THE DETERMINED VALUE OF ALLOWANCES BE DEDUCTED FROM THE TOTAL COMPENSATION APPARENTLY APPLIES TO CIVILIAN EMPLOYEES ALONE, WHILE DETAILS FROM THE PUBLIC HEALTH SERVICE INCLUDE BOTH COMMISSIONED OFFICERS AND CIVILIAN PERSONNEL FOR WHOM QUARTERS AND ALLOWANCES MAY BE FURNISHED IN SOME CASES AND SUBSISTENCE ONLY IN OTHERS, IT WOULD SEEM PRACTICAL AND A LOGICAL PROCEDURE TO PERMIT THE PUBLIC HEALTH SERVICE TO FIX ALL SALARIES FOR SUCH PERSONNEL ON A CASH BASIS, SINCE NEITHER THE TREASURY DEPARTMENT NOR THE DEPARTMENT OF JUSTICE IS NOW IN A POSITION TO ESTABLISH ANY UNIFORM STANDARD FOR FURNISHING ALLOWANCES AT THE SEVERAL INSTITUTIONS.

FOR SOME TIME WE HAVE HAD UNDER CONSIDERATION THE PROMULGATION OF AN ADMINISTRATIVE ORDER PERMITTING OFFICIALS OF THE GOVERNMENT TO OBTAIN MEALS AND/OR LODGING, WHERE AVAILABLE, UPON THE PAYMENT OF A RATE REPRESENTING THE COST OF SUCH ITEMS. UNDER PRESENT CONDITIONS, IN MANY CASES OFFICIALS OF THE INSTITUTION WHO RECEIVE QUARTERS AND ALLOWANCES AS A PART OF THEIR SALARY ARE REQUIRED BY FORCE OF CIRCUMSTANCES TO ENTERTAIN OFFICIAL VISITORS AT THEIR PERSONAL EXPENSE. THIS NEITHER EQUITABLE NOR JUST, BUT WHERE PRIVATE LODGINGS ARE UNAVAILABLE OR EXTREMELY INCONVENIENT TO REACH THERE HAS BEEN NO OTHER COURSE OPEN. IT IS PLANNED IN THE NEAR FUTURE TO ESTABLISH AN OFFICERS' MESS AT THE ATLANTA AND LEAVENWORTH PENITENTIARIES. AT THAT TIME IT IS PROBABLE AN ORDER WILL BE ISSUED ESTABLISHING A RATE AT WHICH OFFICIAL VISITORS MAY OBTAIN MEALS. IN SOME FEW INSTANCES LODGING WILL BE AVAILABLE BUT IN MOST CASES MEALS ONLY WILL BE FURNISHED IN ORDER TO FACILITATE THE TRANSACTION OF PUBLIC BUSINESS. HAVING THIS PLAN IN MIND IT WOULD SEEM TO ME NOT INCONSISTENT TO SUGGEST THAT IN THE CASE OF PERSONNEL FROM THE PUBLIC HEALTH SERVICE, WHERE THE SALARY IS FIXED UPON A FULL CASH BASIS, THAT INDIVIDUAL EMPLOYEES MIGHT REIMBURSE THE GOVERNMENT FOR SUBSISTENCE, WHEREVER IT IS PRACTICAL TO FURNISH SAME, AND WHERE NO SUCH SERVICE IS AVAILABLE HE WOULD MAKE HIS OWN ARRANGEMENTS.

IN VIEW OF THE FACT THAT (1) THE SALARIES IN THE PUBLIC HEALTH SERVICE ARE FIXED IN THE TREASURY DEPARTMENT WITH STANDARDIZED ALLOWANCES PRESCRIBED UNDER A CIRCULAR PROMULGATED BY THAT DEPARTMENT; THAT (2) THERE IS NO STANDARDIZED METHOD OF FIXING THE VALUE OF QUARTERS AND SUBSISTENCE IN PENAL AND CORRECTIONAL INSTITUTIONS BECAUSE OF THE LACK OF FACILITIES IN THE OLDER INSTITUTIONS AND THE VARYING CONDITIONS DUE TO GEOGRAPHICAL LOCATION OF THE DIFFERENT NSTITUTIONS; THAT (3) THE FORCE OF THE PUBLIC HEALTH SERVICE IS MOBILE WHICH WOULD NECESSITATE CONTINUOUS CORRESPONDENCE WITH NUMEROUS FIELD OFFICERS WITH RESPECT TO THE VALUE OF QUARTERS AND SUBSISTENCE TO BE FURNISHED BY THE DIFFERENT INSTITUTIONS; AND THAT (4) THIS IS NOT NECESSARILY A MATTER OF COLLECTING FROM THE DEPARTMENT BUT IS MORE A MATTER OF SECURING FROM INDIVIDUAL MEMBERS OF THE PUBLIC HEALTH SERVICE REIMBURSEMENT FOR SUBSISTENCE FURNISHED THEM, IN THE SAME MANNER REIMBURSEMENT MIGHT BE OBTAINED FROM OTHER OFFICERS OF THE GOVERNMENT WHO VISIT THE INSTITUTION UPON OFFICIAL BUSINESS, IT IS RESPECTFULLY REQUESTED THE MATTER BE GIVEN YOUR FURTHER CONSIDERATION FOR THE PURPOSE OF ASCERTAINING THE FOLLOWING FACTS:

(1) WHERE AN OFFICIAL MESS IS ESTABLISHED MAY AN EMPLOYEE OF THE GOVERNMENT WHO IS AT THE INSTITUTION IN THE PERFORMANCE OF OFFICIAL BUSINESS BE FURNISHED WITH MEALS FOR WHICH HE MAY PAY THE RATE ESTABLISHED BY PROPER ADMINISTRATIVE ORDER?

(2) MAY ANY EMPLOYEE OF THE PUBLIC HEALTH SERVICE WHOSE SALARY IS FIXED UPON THE BASIS OF TOTAL CASH COMPENSATION, AND WHO IS IN A NONTRAVEL STATUS, UPON DETAIL AT THE INSTITUTION, PARTICIPATE IN THE BENEFITS OF AN OFFICIAL MESS UPON THE PAYMENT OF THE RATE ESTABLISHED BY PROPER ADMINISTRATIVE ORDER?

(3) SHOULD EITHER OF THE TWO QUERIES ABOVE LISTED BE ANSWERED IN THE AFFIRMATIVE, WHAT PROCEDURE SHOULD BE FOLLOWED TO REPORT THE COLLECTIONS AND MAKE THEM AVAILABLE TO REIMBURSE THE APPROPRIATION AVAILABLE FOR ALLOTMENT FOR THE FURNISHING OF OFFICIAL MESS?

THE DECISION OF DECEMBER 10, 1930, WAS LIMITED TO THE CIVILIAN PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE UNDER THE PROVISIONS OF THE ACT OF MAY 13, 1930, 46 STAT. 273, BECAUSE YOUR SUBMISSION OF NOVEMBER 24, 1930, APPEARED TO BE SO LIMITED, THERE BEING MENTIONED ONLY THE ACT REQUIRING THE VALUE OF ALLOWANCES FURNISHED IN KIND TO CIVILIAN EMPLOYEES TO BE DETERMINED AND CONSIDERED AS A PART OF COMPENSATION. THIS OFFICE WAS AWARE THAT THE ACT OF MAY 13, 1930, AUTHORIZES THE DETAIL TO THE DEPARTMENT OF JUSTICE OF THE COMMISSIONED PERSONNEL OF THE PUBLIC HEALTH SERVICE AS WELL, BUT IT DID NOT APPEAR ANY QUESTION WITH RESPECT THERETO WAS INVOLVED IN THE FORMER SUBMISSION.

ON THE BASIS OF YOUR PRESENT SUBMISSION THERE ARE FOR CONSIDERATION TWO SEPARATE AND DISTINCT CLASSES OF PERSONNEL OF THE PUBLIC HEALTH SERVICE, TO WIT, CIVILIAN PERSONNEL CONSIDERED IN DECISION OF DECEMBER 10, 1930, AND COMMISSIONED PERSONNEL, NOT CONSIDERED IN SAID DECISION, WHOSE PAY AND ALLOWANCES ARE GOVERNED BY ENTIRELY SEPARATE AND DISTINCT LAWS AND REGULATIONS. THE TERMS OF THE RESPECTIVE STATUTES AND REGULATIONS GOVERNING THE PAY AND ALLOWANCES OF THE TWO CLASSES OF PERSONNEL, WHICH MUST BE FOLLOWED, ARE SO DIFFERENT THAT A COMMON PROCEDURE APPLICABLE TO BOTH CLASSES WHEN DETAILED TO THE DEPARTMENT OF JUSTICE WOULD BE UNAUTHORIZED.

THE DECISION OF DECEMBER 10, 1930, 10 COMP. GEN. 258, CORRECTLY APPLIED THE CONTROLLING STATUTES AND REGULATIONS GOVERNING THE COMPENSATION AND ALLOWANCES OF CIVILIAN PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE, AND IT MUST BE HELD THAT THERE IS NO AUTHORITY UNDER THE ACT OF MARCH 5, 1928, 45 STAT. 193, TO COLLECT RENTAL OR SUBSISTENCE CHARGES FROM THE CIVILIAN PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE AS YOU SUGGEST.

THE ADMINISTRATIVE DIFFICULTY IN THE MATTER EVIDENTLY ARISES FROM THE WRONG BASIS ON WHICH THE DEPARTMENT OF JUSTICE HAS DETERMINED THE VALUE OF QUARTERS AND SUBSISTENCE FURNISHED CIVILIAN EMPLOYEES. FROM YOUR LETTER IT WOULD APPEAR THAT THE COST TO THE GOVERNMENT IS THE CONTROLLING FACTOR IN DETERMINING THE VALUE OF QUARTERS AND SUBSISTENCE FURNISHED IN KIND OF EMPLOYEES UNDER THE DEPARTMENT OF JUSTICE. THIS IS ERRONEOUS. DECISION OF OCTOBER 6, 1925, 5 COMP. GEN. 236, 238, IT WAS STATED WITH RESPECT TO QUARTERS, AS FOLLOWS:

THE ORIGINAL COST OF THE BUILDING TO THE GOVERNMENT DOES NOT NECESSARILY REFLECT THE PRESENT VALUE OF THE BUILDING OR WHAT MIGHT BE TERMED THE INVESTMENT OF THE GOVERNMENT IN THE BUILDING. ASSUMING THAT THE APPROPRIATION CHARGED WITH THE ORIGINAL COST OF THE BUILDING WAS PROPERLY AVAILABLE FOR THAT PURPOSE, THERE IS NO SUCH RELATION BETWEEN THE AMOUNT CHARGED TO THE APPROPRIATION AND THE RENT CHARGED THE EMPLOYEES AS TO NECESSITATE BASING THE RATE OF RENTAL TO GOVERNMENT EMPLOYEES OCCUPYING THE BUILDING ON THE ORIGINAL COST OF THE BUILDING, ON THE THEORY THAT THE ORIGINAL INVESTMENT MUST BE REFLECTED IN THE RENTALS, OR THAT THE APPROPRIATION MUST BE REIMBURSED WITH THE COST OF CONSTRUCTION. THE BASIS OF RENTAL SHOULD BE IN ALL CASES THE REASONABLE VALUE OF THE QUARTERS TO THE EMPLOYEE DURING THE PARTICULAR PERIOD AND IN THE PARTICULAR LOCALITY WHERE SITUATED. THUS PARAGRAPH 4 STATES THE CORRECT BASIS FOR FIXING RENTS IN THE FIRST INSTANCE, AND NOT MERELY A REASON FOR CHANGING THE RATES ORIGINALLY FIXED. IN THIS COMPUTATION CONSIDERATION SHOULD BE GIVEN TO WHAT AMOUNT THE EMPLOYEE WOULD BE RELIEVED FROM PAYING IF PRIVATE QUARTERS EQUALLY SUITABLE TO HIS NEEDS HAD BEEN RENTED. A FACTOR MIGHT BE THE APPROXIMATE PRESENT VALUE OF THE BUILDING, ETC., BUT NOT NECESSARILY SO. * * *

IN DECISION OF JUNE 3, 1926, 5 COMP. GEN. 957, 958, IT WAS STATED: SPECIFIC ATTENTION IS DIRECTED TO THE REQUIREMENTS OF THE STATUTE THAT THE "REASONABLE VALUE" OF THE ALLOWANCES IN KIND MUST BE DETERMINED. WHILE NO REGULATION OR ORDER PROMULGATED BY ADMINISTRATIVE OFFICES EFFECTIVE JULY 1, 1926, HAS BEEN RECEIVED FOR CONSIDERATION, CERTAIN REGULATIONS NOW IN FORCE HAVE BEEN EXAMINED AND SHOW A TENDENCY ON THE PART OF ADMINISTRATIVE OFFICES TO FIX TOO LOW A VALUE ON ALLOWANCES FURNISHED IN KIND TO FIELD EMPLOYEES. THE WORD ,REASONABLE" MEANS THAT THE VALUE MAY NOT BE FIXED AT A NOMINAL SUM, NOR AT SO LOW A RATE OR SO HIGH A RATE AS TO BE OUT OF ALL PROPORTION TO THE VALUE OF THE ALLOWANCES FURNISHED. THE VALUE IS NOT NECESSARILY TO BE LIMITED TO THE COST OF THE ALLOWANCES TO THE GOVERNMENT, BUT THE BASIS IS TO BE THE REASONABLE VALUE TO THE EMPLOYEE DURING THE PARTICULAR PERIOD AND IN THE PARTICULAR LOCALITY WHERE EMPLOYED. 5 COMP. GEN. 236, 238. * * *

SEE, ALSO, 6 COMP. GEN. 120; ID. 161; 7 ID. 82; ID. 85; ID. 336; 8 ID. 628; 9 ID. 528.

THE VALUE OF QUARTERS AND SUBSISTENCE FURNISHED THE CIVILIAN EMPLOYEES OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE MUST, UNDER THE LAW, BE DETERMINED IN ACCORDANCE WITH THE LAWS AND REGULATIONS APPLICABLE TO THE PUBLIC HEALTH SERVICE, AND IT IS SUGGESTED THAT MUCH OF THE ADMINISTRATIVE DIFFICULTY MAY BE OVERCOME IF THERE BE ADOPTED FOR THE EMPLOYEES UNDER THE DEPARTMENT OF JUSTICE A SCHEDULE OF VALUE RATES AT LEAST EQUAL TO THOSE PRESCRIBED BY THE REGULATIONS OF THE PUBLIC HEALTH SERVICE. REFERENCE IS MADE TO THE LAST PARAGRAPH OF THE DECISION OF DECEMBER 10, 1930. THAT DECISION MUST BE AND IS AFFIRMED AS STATING THE PROPER PROCEDURE WITH RESPECT TO THE CIVILIAN PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE.

THE APPLICATION OF THE ACT OF MAY 13, 1930, 46 STAT. 273, TO THE COMMISSIONED PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE, WHOSE PAY AND ALLOWANCES ARE CONTROLLED BY THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 625, AND AS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 250, PRESENTS A DIFFERENT PROPOSITION. UNDER THESE STATUTES THE VALUE OF QUARTERS AND SUBSISTENCE MAY NOT BE CONSIDERED A PART OF THE PAY OF THE OFFICERS BUT IS GRANTED IN ADDITION THERETO.

AS TO QUARTERS, THERE IS PROVISION FOR QUARTERS IN KIND, IF AVAILABLE, OR A RENTAL ALLOWANCE, IF NOT AVAILABLE. SEE PARTICULARLY THE LATER STATUTE. IN ANY CASE WHERE QUARTERS IN KIND ARE OCCUPIED BY THE OFFICERS DURING DETAIL, ALTHOUGH UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, NO COLLECTION OF RENT OR OTHER ADJUSTMENT OF APPROPRIATION IS NECESSARY OR AUTHORIZED WITH RESPECT THERETO. IN ANY CASE WHERE UNDER THE REGULATIONS AND DECISIONS APPLICABLE TO THE PUBLIC HEALTH SERVICE THE OFFICER IS ENTITLED TO RENTAL ALLOWANCE BECAUSE ADEQUATE QUARTERS AS DETERMINED BY THE PUBLIC HEALTH SERVICE ARE NOT AVAILABLE FOR ASSIGNMENT TO HIM AND HE REFUSES TO ACCEPT THE QUARTERS THAT ARE OFFERED TO HIM HE SHOULD NOT THEN BE PERMITTED TO RENT QUARTERS FROM THE GOVERNMENT.

SINCE UNDER THE TERMS OF SECTION 5 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, A SUBSISTENCE ALLOWANCE IS PAID TO ALL COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE AND NO SUBSISTENCE IN KIND IS FURNISHED, IT IS PROPER FOR THE DEPARTMENT OF JUSTICE TO MAKE A CHARGE FOR SUBSISTENCE FURNISHED THE COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE. THIS CHARGE SHOULD NOT BE LIMITED TO THE ACTUAL COST OF RAW FOOD, ETC., BUT SHOULD BE BASED ON THE PREVAILING COMMERCIAL RATES IN THE LOCALITY.

REFERRING TO QUESTION (1) AT THE CONCLUSION OF YOUR LETTER, IT IS PROPER TO FURNISH MEALS IN THE OFFICIAL MESS TO OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHILE IN THE PERFORMANCE OF OFFICIAL DUTIES AT A PENAL INSTITUTION DURING TRAVEL STATUS, AS DISTINGUISHED FROM A NONTRAVEL STATUS, AND TO MAKE A CHARGE THEREFOR BASED ON THE PREVAILING COMMERCIAL RATES IN THE LOCALITY.

QUESTION (2) IS ANSWERED IN THE NEGATIVE AS TO THE CIVILIAN EMPLOYEES OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE WITH RESPECT TO WHOM THE DECISION OF DECEMBER 10, 1930, IS CONTROLLING, AND IN THE AFFIRMATIVE WITH RESPECT TO COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE AS ABOVE STATED.

WITH REFERENCE TO QUESTION (3), SINCE THE ACT OF MAY 13, 1930, SUPRA, PROVIDES THAT THE APPROPRIATIONS UNDER THE DEPARTMENT OF JUSTICE SHALL BEAR THE COST OF PERSONNEL OF THE PUBLIC HEALTH SERVICE DETAILED TO THE DEPARTMENT OF JUSTICE UNDER ITS PROVISIONS, AND THAT THE APPROPRIATIONS UNDER THE PUBLIC HEALTH SERVICE SHALL BE REIMBURSED, IT IS PROPER TO TAKE UP ALL PROPER CHARGES MADE AGAINST COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE, AS HEREINBEFORE STATED, AS COLLECTIONS IN THE ACCOUNTS OF THE ACCOUNTABLE OFFICERS TO BE DEPOSITED TO THE CREDIT OF THE PROPER APPROPRIATION WITH PERSONAL CREDIT TO THE ACCOUNTABLE OFFICER. SUCH SUMS SHALL NOT BE AVAILABLE FOR EXPENDITURE EXCEPT UPON THE USUAL REQUISITION OF FUNDS UNDER THE PROPER APPROPRIATION. THE APPROPRIATIONS UNDER THE PUBLIC HEALTH SERVICE MAY BE REIMBURSED FROM THE APPROPRIATIONS UNDER THE DEPARTMENT OF JUSTICE FOR THE FULL AMOUNT OF PAY AND MONEY ALLOWANCES PROPERLY PAYABLE TO THE COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DURING PERIODS OF DETAIL TO THE DEPARTMENT OF JUSTICE. CHARGES MADE FOR MEALS IN THE OFFICIAL MESS AGAINST OFFICERS AND EMPLOYEES IN A TRAVEL STATUS SHOULD BE TAKEN UP AS COLLECTIONS AND DEPOSITED TO THE CREDIT OF MISCELLANEOUS RECEIPTS UNDER SECTION 3617, REVISED STATUTES.