B-143884, NOV. 9, 1960
Highlights
TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER DATED AUGUST 4. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-27. IT IS STATED FURTHER THAT ALTHOUGH MEMBERS MAY RECEIVE TEMPORARY DUTY ALLOWANCES WHILE DELAYED EN ROUTE. IT IS PROPOSED TO AUTHORIZE ADDITIONAL EXCEPTIONS TO PARAGRAPHS 4300 AND 4301. IT IS OUR VIEW THAT UNDER THE WORDING OF THE STATUTE ENTITLEMENT TO COST- OF-LIVING ALLOWANCES ARISES BY VIRTUE OF PERMANENT DUTY ASSIGNMENTS OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA AND THAT THE AUTHORITY OF THE SECRETARIES CONCERNED TO PROVIDE SUCH ALLOWANCES IS LIMITED TO PERIODS AFTER ARRIVAL AT PERMANENT DUTY STATIONS OVERSEAS. IN THE ABSENCE OF SOME SPECIFIC STATUTORY PROVISION AUTHORIZING PAYMENT OF COST-OF-LIVING ALLOWANCES TO MEMBERS WHO ARE DIVERTED TO SAFE-HAVEN AREAS WHILE EN ROUTE TO THEIR PERMANENT DUTY STATIONS.
B-143884, NOV. 9, 1960
TO THE SECRETARY OF THE AIR FORCE:
REFERENCE IS MADE TO LETTER DATED AUGUST 4, 1960, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING DECISION AS TO WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE PAYMENT OF A COST-OF-LIVING ALLOWANCE TO MEMBERS ON DUTY OUTSIDE THE UNITED STATES PRIOR TO THEIR REPORTING TO DESIGNATED PERMANENT DUTY STATIONS. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 60-27.
THE ASSISTANT SECRETARY STATES THAT OCCASIONS ARISE WHEN A MEMBER WHO, TOGETHER WITH DEPENDENTS, WHILE EN ROUTE TO A PERMANENT DUTY STATION OVERSEAS MUST BE DIVERTED TO SAFE-HAVEN LOCATIONS OUTSIDE CONTINENTAL UNITED STATES. SUCH DIVERSIONS MAY BE REQUIRED PRIOR TO FIRST REPORTING OF MEMBERS TO NEW PERMANENT DUTY STATIONS OUTSIDE CONTINENTAL UNITED STATES. UNSETTLED INTERNATIONAL POLITICAL CONDITIONS MAY AT ANY TIME AND WITHOUT WARNING, REQUIRE TEMPORARY SUSPENSION OF PERMISSION FOR MEMBERS WITH DEPENDENTS TO PROCEED TO THEIR ANNOUNCED PERMANENT DUTY STATIONS OUTSIDE CONTINENTAL UNITED STATES. IT IS STATED FURTHER THAT ALTHOUGH MEMBERS MAY RECEIVE TEMPORARY DUTY ALLOWANCES WHILE DELAYED EN ROUTE, THIS DOES NOT COVER INCREASED HOUSING AND COST OF LIVING OF DEPENDENTS IN FOREIGN AREAS UNDER SUCH CONDITIONS. THEREFORE, IT IS PROPOSED TO AUTHORIZE ADDITIONAL EXCEPTIONS TO PARAGRAPHS 4300 AND 4301, JOINT TRAVEL REGULATIONS, SIMILAR TO THOSE NOW STATED IN PARAGRAPHS 4305 AND 4306 OF THE REGULATIONS, WHICH WOULD ALLOW PAYMENT OF COST-OF-LIVING ALLOWANCES FOR DEPENDENTS DIVERTED WITH MEMBERS TO SAFE-HAVEN LOCATIONS OUTSIDE CONTINENTAL UNITED STATES WHILE EN ROUTE TO THEIR PERMANENT DUTY STATIONS.
SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (B), AUTHORIZES THE SECRETARIES CONCERNED TO PRESCRIBE THE CONDITIONS UNDER WHICH PAYMENT OF PER DIEM OR COST-OF-LIVING ALLOWANCES TO MEMBERS ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA SHALL BE AUTHORIZED IN LANGUAGE AS FOLLOWS:
"/B) WITHOUT REGARD TO THE MONETARY LIMITATIONS IN THIS ACT, THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES: PROVIDED, THAT DEPENDENTS SHALL NOT BE CONSIDERED IN DETERMINING PER DIEM ALLOWANCES FOR MEMBERS IN A TRAVEL STATUS.'
IT IS OUR VIEW THAT UNDER THE WORDING OF THE STATUTE ENTITLEMENT TO COST- OF-LIVING ALLOWANCES ARISES BY VIRTUE OF PERMANENT DUTY ASSIGNMENTS OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA AND THAT THE AUTHORITY OF THE SECRETARIES CONCERNED TO PROVIDE SUCH ALLOWANCES IS LIMITED TO PERIODS AFTER ARRIVAL AT PERMANENT DUTY STATIONS OVERSEAS. SEE 38 COMP. GEN. 583.
ACCORDINGLY, IN THE ABSENCE OF SOME SPECIFIC STATUTORY PROVISION AUTHORIZING PAYMENT OF COST-OF-LIVING ALLOWANCES TO MEMBERS WHO ARE DIVERTED TO SAFE-HAVEN AREAS WHILE EN ROUTE TO THEIR PERMANENT DUTY STATIONS, OUR VIEW IS THAT THERE IS NO AUTHORITY FOR THE PROPOSED REVISION TO THE JOINT TRAVEL REGULATIONS.