B-31463, JANUARY 7, 1943, 22 COMP. GEN. 615

B-31463: Jan 7, 1943

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

LEAVES OF ABSENCE - PER HOUR AND 40-HOUR WEEK EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING THE SECRETARY OF THE TREASURY IS AN ADMINISTRATIVE AUTHORITY SIMILAR TO A WAGE BOARD SO FAR AS CONCERNS MECHANICS AND LABORERS OF THE BUREAU OF ENGRAVING AND PRINTING COMING WITHIN THE PURVIEW OF THE 40-HOUR WEEK ACT OF MARCH 28. - AS DISTINGUISHED FROM PER HOUR EMPLOYEES OF SAID BUREAU WHOSE COMPENSATION RATES ARE FIXED UNDER THE CLASSIFICATION ACT AND ADJUSTED ON A 40-HOUR WEEK BASIS UNDER THE ACT OF JUNE 26. SAID MECHANICS AND LABORERS ARE NOT WITHIN THE PURVIEW OF THE OVERTIME COMPENSATION ACT OF DECEMBER 22. WHICH EXCEPTS FROM ITS PROVISIONS EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITIES.

B-31463, JANUARY 7, 1943, 22 COMP. GEN. 615

OVERTIME COMPENSATION; LEAVES OF ABSENCE - PER HOUR AND 40-HOUR WEEK EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING THE SECRETARY OF THE TREASURY IS AN ADMINISTRATIVE AUTHORITY SIMILAR TO A WAGE BOARD SO FAR AS CONCERNS MECHANICS AND LABORERS OF THE BUREAU OF ENGRAVING AND PRINTING COMING WITHIN THE PURVIEW OF THE 40-HOUR WEEK ACT OF MARCH 28, 1934--- AS DISTINGUISHED FROM PER HOUR EMPLOYEES OF SAID BUREAU WHOSE COMPENSATION RATES ARE FIXED UNDER THE CLASSIFICATION ACT AND ADJUSTED ON A 40-HOUR WEEK BASIS UNDER THE ACT OF JUNE 26, 1936 -- AND, THEREFORE, SAID MECHANICS AND LABORERS ARE NOT WITHIN THE PURVIEW OF THE OVERTIME COMPENSATION ACT OF DECEMBER 22, 1942, WHICH EXCEPTS FROM ITS PROVISIONS EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITIES. PER HOUR EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING WHOSE COMPENSATION RATES ARE FIXED UNDER THE CLASSIFICATION ACT AND ADJUSTED UNDER THE ACT OF JUNE 26, 1936, ON THE BASIS OF A REGULAR TOUR OF DUTY OF NOT LESS THAN 40 HOURS PER WEEK, AND WHOSE WORKWEEK HAS BEEN ADMINISTRATIVELY INCREASED TO 48 HOURS, 6 DAYS, PER WEEK UNDER AUTHORITY OF SECTION 1 OF EXECUTIVE ORDER NO. 9289--- OVERTIME COMPENSATION UNDER THE ACT OF DECEMBER 22, 1942, BEING PAYABLE FOR THE HOURS IN EXCESS OF 40- -- MUST BE CHARGED ANNUAL AND SICK LEAVE ON THE BASIS OF 6 DAYS PER WEEK IN ACCORDANCE WITH SECTION 4 OF SAID EXECUTIVE ORDER. INSOFAR AS CONCERNS EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING, TREASURY DEPARTMENT, COMING WITHIN THE PURVIEW OF THE 40-HOUR WEEK ACT OF MARCH 28, 1934, WHOSE REGULAR TOUR OF DUTY MAY NOT BE FIXED AT MORE THAN 40 HOURS PER WEEK AND WHO ARE EXCEPTED FROM THE PROVISIONS OF THE OVERTIME COMPENSATION ACT OF DECEMBER 22, 1942, AND EXECUTIVE ORDER NO. 9289 ISSUED PURSUANT THERETO, NO CHANGE IN EXISTING RULES AND REGULATIONS CONTROLLING THE CHARGING OF ANNUAL AND SICK LEAVE IS AUTHORIZED OR REQUIRED, EVEN THOUGH A WORKWEEK OF 48 HOURS--- WHICH HAS BEEN ADMINISTRATIVELY ESTABLISHED UNDER AUTHORITY OF SECTION 1 OF SAID EXECUTIVE ORDER FOR TREASURY DEPARTMENT EMPLOYEES GENERALLY--- HAS BEEN ESTABLISHED FOR SUCH EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE TREASURY, JANUARY 7, 1943:

I HAVE YOUR LETTER OF DECEMBER 31, 1942, AS FOLLOWS:

YOUR EARLY DECISION IS REQUESTED RELATIVE TO CERTAIN PROBLEMS OF OVERTIME PAY AND LEAVE THAT HAVE ARISEN IN THE BUREAU OF ENGRAVING AND PRINTING OF THIS DEPARTMENT AS A RESULT OF THE PROVISIONS OF PUBLIC LAW 821 - 77TH CONGRESS AND EXECUTIVE ORDER 9289.

WHAT CHANGES, IF ANY, ARE REQUIRED TO BE MADE IN THE PAY OF EMPLOYEES OCCUPYING POSITIONS IN THE CLERICAL-MECHANICAL SERVICE OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, WHO ARE COMPENSATED ON AN HOURLY BASIS AND WHOSE COMPENSATION WAS ADJUSTED UNDER PUBLIC LAW 817- - 74TH CONGRESS TO MAKE THEIR AGGREGATE COMPENSATION FOR A 40-HOUR WEEK EQUAL TO THE COMPENSATION FOR A 48-HOUR WEEK? FOR EXAMPLE: AN EMPLOYEE OCCUPIES A POSITION ALLOCATED TO GRADE ONE OF THE CLERICAL MECHANICAL SERVICE. PRIOR TO JULY 1, 1936, HIS COMPENSATION WAS FIXED AT THE LOWEST RATE IN GRADE CM -1, 55 CENTS AN HOUR. HE WORKED 48 HOURS A WEEK, RECEIVING $26.40 FOR THE WEEK'S WORK. WHEN HE WORKED OVERTIME, HE RECEIVED PAY AT THE REGULAR RATE OF 55 CENTS AN HOUR. UNDER THE PROVISIONS OF PUBLIC LAW 817, HIS REGULAR TOUR OF DUTY WAS ADJUSTED TO 40 HOURS A WEEK, EFFECTIVE JULY 1, 1936, AND HIS PAY FOR A WEEK'S WORK CONTINUED TO BE $26.40. THIS ADJUSTMENT HAD THE EFFECT OF CHANGING HIS BASIC PAY RATE FROM 55 CENTS AN HOUR TO 66 CENTS AN HOUR. THUS, HE WAS COMPENSATED FOR OVERTIME AT THE RATE OF 66 CENTS AN HOUR. EFFECTIVE WITH THE WEEK BEGINNING ON DECEMBER 21, 1942, UNDER AUTHORITY OF SECTION 1 OF EXECUTIVE ORDER 9289, HIS OFFICIAL WORKWEEK HAS BEEN ESTABLISHED AT 48 HOURS, COMPRISED OF 6 DAYS OF 8 HOURS EACH, MONDAY THROUGH SATURDAY. SHOULD THE ONE AND ONE-HALF TIMES THE REGULAR RATE AUTHORIZED BY PUBLIC LAW 821 FOR OVERTIME IN EXCESS OF 40 HOURS BE COMPUTED ON THE BASIS OF 55 CENTS AN HOUR OR 66 CENTS AN HOUR? SPECIFICALLY, SHOULD HIS PAY BE COMPUTED AT THE RATE OF (A) 55 CENTS AN HOUR FOR REGULAR TIME AND 82.5 CENTS AN HOUR FOR

OVERTIME, OR (B) 66 CENTS AN HOUR FOR REGULAR TIME AND 82.5 CENTS AN HOUR FOR

OVERTIME, OR (C) 66 CENTS AN HOUR FOR REGULAR TIME AND 99 CENTS AN HOUR FOR OVERTIME,

OR (D) AT OTHER RATES NOT MENTIONED IN (A), (B) AND (C/?

SHOULD THE ANNUAL AND SICK LEAVE OF SUCH AN EMPLOYEE BE CHARGED IN ACCORDANCE WITH SECTION 4 OF EXECUTIVE ORDER 9289? IF NOT, SHOULD THE LEAVE OF SUCH AN EMPLOYEE BE CHARGED IN THE SAME MANNER AS THE LEAVE OF PER DIEM EMPLOYEES UNDER THE RULINGS CONTAINED IN 18 COMP. GEN. 575?

PUBLIC LAW 821 IS NOT APPLICABLE TO PER DIEM EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING, WHOSE PAY IS FIXED ADMINISTRATIVELY BY THE TREASURY DEPARTMENT AND WHO ARE COMPENSATED UNDER THE 40-HOUR WEEK STATUTE (48 STAT. 522) AT THE RATE OF TIME AND ONE-HALF FOR OVERTIME IN EXCESS OF 40 HOURS DURING THE WORKWEEK. HOWEVER, THE WORKWEEK OF 48 HOURS ESTABLISHED IN THIS DEPARTMENT UNDER AUTHORITY OF SECTION 1 OF EXECUTIVE ORDER 9289 HAS BEEN EXTENDED GENERALLY TO ALL EMPLOYEES, INCLUDING SUCH PER DIEM EMPLOYEES. THEREFORE, THE 48 HOURS OF DUTY NOW FIXED FOR THESE EMPLOYEES IS COMPRISED OF THE MAXIMUM LEGAL WORKWEEK OF 40 HOURS PLUS 8 HOURS OF OVERTIME. IT COVERS 6 DAYS OF 8 HOURS EACH, FROM MONDAY THROUGH SATURDAY. IF ONE OF THESE PER DIEM EMPLOYEES IS ON ANNUAL LEAVE ALL WEEK, SHOULD HE RECEIVE PAY FOR 40 HOURS AT HIS REGULAR RATE AND BE CHARGED ANNUAL LEAVE FOR 5 DAYS OF 8 HOURS EACH? IF HE IS AT WORK ALL THE OTHER DAYS OF THE WEEK BUT ABSENT ON SATURDAY, AND IF HE WORKED THE FULL TIME OF 8 HOURS ON EACH DAY, SHOULD HE RECEIVE PAY FOR 40 HOURS AT THE REGULAR RATE AND NOT BE CHARGED FOR LEAVE OF ANY KIND ON SATURDAY?

IN VIEW OF THE OBVIOUS URGENCY OF THESE QUESTIONS, YOUR PROMPT CONSIDERATION AND EARLY REPLY WILL BE GREATLY APPRECIATED.

SECTION 23 OF THE " INDEPENDENT OFFICES APPROPRIATION ACT, 1935," APPROVED MARCH 28, 1934, 48 STAT. 522, PROVIDES:

THE WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS, FOR THE SEVERAL TRADES AND OCCUPATIONS, WHICH IS SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES,SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS OF SUCH EMPLOYEES IN ACCORDANCE WITH THE FULL- TIME WEEKLY EARNINGS UNDER THE RESPECTIVE WAGE SCHEDULES IN EFFECT ON JUNE 1, 1932: PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE HALF. ( ITALICS SUPPLIED.)

THE ACT OF JUNE 26, 1936, 49 STAT. 1969 ( PUBLIC LAW 817--- 74TH CONGRESS) PROVIDES:

THAT SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:

"WHERE THE ADJUSTMENT OF REGULAR HOURS OF DUTY OF EMPLOYEES SUBJECT TO THE PROVISIONS OF THE PRECEDING PARAGRAPH REQUIRES THE ADJUSTMENT OF REGULAR HOURS OF DUTY OF ANY EMPLOYEE WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, THE AGGREGATE WEEKLY EARNINGS OF SUCH EMPLOYEE WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, FOR FULL-TIME SERVICE SHALL NOT BE LESS BY REASON OF SUCH ADJUSTMENT THAN HIS AGGREGATE WEEKLY EARNINGS FOR FULL-TIME SERVICE PRIOR TO MARCH 28, 1934. FULL-TIME SERVICE WITHIN THE MEANING OF THIS PARAGRAPH SHALL NOT BE LESS THAN FORTY HOURS PER WEEK. FOR THE PURPOSES OF THIS PARAGRAPH, AUTHORITY IS HEREBY GRANTED TO ADJUST THE HOURLY RATES OF COMPENSATION OF EMPLOYEES WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, TO SUCH EXTENT AS MAY BE NECESSARY TO MAKE THE AGGREGATE COMPENSATION FOR A FORTY-HOUR WEEK EQUAL TO THE COMPENSATION FOR A FULL-TIME WEEK PRIOR TO MARCH 28, 1934.' ( ITALICS SUPPLIED.)

SEC. 2. THIS ACT SHALL TAKE EFFECT AS OF THE ST DAY OF THE FIRST CALENDAR MONTH FOLLOWING THE DATE OF ITS ENACTMENT.

THERE IS FOR NOTING THAT THE STATUTE LAST QUOTED IS AN AMENDMENT OF THE STATUTE FIRST QUOTED. THE ACT OF MARCH 28, 1934, APPLICABLE TO EMPLOYEES IN THE TRADES AND OCCUPATIONS (CRAFTS) WHOSE WAGES ARE ADJUSTED FROM TIME TO TIME BY WAGE BOARDS OR OTHER WAGE FIXING AUTHORITIES, REQUIRED AN ADJUSTMENT OF WAGES FROM A FORTY-FOUR OR FORTY EIGHT HOUR WEEK TO A FORTY HOUR WEEK WITHOUT LOSS IN WEEKLY EARNINGS. SEE 13 COMP. GEN. 265, 401. ALSO, THE AMENDMENT OF JUNE 26, 1936, SO FAR AS IT APPLIES TO PER HOUR EMPLOYEES, OTHERWISE SUBJECT TO THE CLASSIFICATION ACT, 42 STAT. 1488, WHOSE REGULAR TOUR OF DUTY WAS REQUIRED TO BE REDUCED TO FORTY HOURS PER WEEK BECAUSE OF THE FACT THAT THEY WORKED WITH THE MECHANICS AND LABORERS COMING WITHIN THE PURVIEW OF THE EARLIER LAW, REQUIRED AN ADJUSTMENT OF WAGES FROM A FORTY-FOUR OR FORTY-EIGHT HOUR WEEK TO A FORTY HOUR WEEK WITHOUT LOSS IN WEEKLY EARNINGS. THAT SUCH WAS THE PURPOSE AND INTENT OF THE AMENDATORY STATUTE IS CLEARLY SHOWN FROM THE LEGISLATIVE HISTORY OF THE ENACTMENT, PARTICULARLY THE COMMITTEE REPORTS. SEE SENATE REPORT NO. 1219, 74TH CONGRESS, ST SESSION, AND HOUSE REPORT NO. 2827, 74TH CONGRESS, 2D SESSION. HENCE, THERE SEEMS NO QUESTION BUT THAT THE BASIC RATES OF COMPENSATION PRESCRIBED BY THE CLASSIFICATION ACT FOR PER HOUR EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING, HERE INVOLVED, WHO CAME WITHIN THE PURVIEW OF THE AMENDATORY STATUTE OF 1936, WERE INCREASED BY REASON OF THE ADJUSTMENT REQUIRED BY THAT STATUTE.

HOWEVER, THERE ARE TWO ESSENTIAL DIFFERENCES BETWEEN THE TWO STATUTES, VIZ., FIRST, THE 1934 STATUTE PROVIDED THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY HOURS PER WEEK, WHEREAS THE AMENDATORY STATUTE OF 1936 PROVIDED THAT FULL TIME SERVICES WITHIN THE MEANING OF THE LAW SHALL NOT BE LESS THAN FORTY HOURS PER WEEK, AND, SECOND, THE 1934 STATUTE AUTHORIZED PAYMENT OF OVERTIME COMPENSATION OF A RATE OF TIME AND ONE-HALF, WHEREAS THE AMENDATORY STATUTE OF 1936 DID NOT AUTHORIZE PAYMENT OF OVERTIME COMPENSATION. THE EFFECT OF THIS LATTER DIFFERENCE WAS, AS YOU STATE, THAT EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT WHOSE COMPENSATION IS FIXED UPON AN HOURLY BASIS, RATHER THAN UPON AN ANNUAL BASIS, WERE ENTITLED TO OVERTIME COMPENSATION ONLY AT THEIR REGULAR HOURLY RATE AS ADJUSTED AND INCREASED, RATHER THAN AT TIME AND ONE-HALF FOR ANY WORK IN EXCESS OF FORTY HOURS PER WEEK.

THE ACT OF DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821, EXCEPTS FROM ITS PROVISIONS EMPLOYEES WHOSE WAGES ARE FIXED AND ADJUSTED FROM TIME TO TIME BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITIES. SEE EXCEPTION (A) OF THE SECOND PROVISO OF SECTION 1 OF THE STATUTE, AS INTERPRETED BY THE DECISION OF THIS OFFICE, DATED JANUARY 4, 1943, B 31430, 22 COMP. GEN. 596, TO THE PUBLIC PRINTER. THE SECRETARY OF THE TREASURY IS AN ADMINISTRATIVE AUTHORITY SIMILAR TO A WAGE BOARD SO FAR AS CONCERNS THE MECHANICS AND LABORERS OF THE BUREAU OF ENGRAVING AND PRINTING COMING WITHIN THE PURVIEW OF SECTION 23 OF THE ACT OF MARCH 28, 1934, SUPRA, AND ACCORDINGLY SAID EMPLOYEES ARE EXCEPTED FROM THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942. 13 COMP. GEN. 307. HOWEVER, AS THE COMPENSATION RATES OF THE PER HOUR EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING WHICH ARE FIXED UNDER THE CLASSIFICATION ACT AND ADJUSTED ON A FORTY HOUR WEEK BASIS UNDER THE AMENDATORY STATUTE OF JUNE 26, 1936, ARE NOT FIXED AND ADJUSTED FROM TIME TO TIME BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITIES, SUCH EMPLOYEES MAY NOT BE REGARDED AS EXCEPTED FROM THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942. THE BASIC RATES OF COMPENSATION FOR THE PER HOUR EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING WHO COME WITHIN THE PURVIEW OF THE CLASSIFICATION ACT AND, ALSO, THE AMENDATORY ACT OF JUNE 26, 1936, UNQUESTIONABLY WOULD BE THE INCREASED RATES AUTHORIZED AND REQUIRED TO BE PAID ON A FORTY HOUR WEEK BASIS BY THE 1936 STATUTE. HENCE, IN THE ILLUSTRATION STATED IN THE SECOND PARAGRAPH OF YOUR LETTER, THE CORRECT RATES WOULD BE "/C) 66 CENTS AN HOUR FOR REGULAR TIME AND 99 CENTS AN HOUR FOR OVERTIME.'

REFERRING TO DIFFERENCE NOTED FIRST ABOVE BETWEEN THE ACTS OF MARCH 28, 1934, AND JUNE 26, 1936--- THE EARLIER STATUTE PROVIDING A MAXIMUM REGULAR TOUR OF DUTY OF FORTY HOURS FOR MECHANICS AND LABORERS, AND THE LATER PROVIDING A MINIMUM REGULAR TOUR OF DUTY OF FORTY HOURS FOR EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT AND THE AMENDATORY ACT OF 1936--- YOU ARE ADVISED IN ANSWER TO THE QUESTION CONTAINED IN THE THIRD PARAGRAPH OF YOUR LETTER THAT AS THEIR ADMINISTRATIVE WORK-WEEK IS AUTHORIZED TO BE, AND HAS BEEN INCREASED TO FORTY-EIGHT HOURS, SIX DAYS, PER WEEK, THE ANNUAL AND SICK LEAVE OF EMPLOYEES COMING WITHIN THE PURVIEW OF THE CLASSIFICATION ACT AND THE AMENDATORY STATUTE OF 1936 MUST BE CHARGED ON A SIX DAY PER WEEK BASIS IN ACCORDANCE WITH SECTION 4 OF EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, PROVIDING AS FOLLOWS:

IN THE CASE OF AN EMPLOYEE TO WHOM THE ANNUAL- AND SICK-LEAVE LAWS APPROVED MARCH 14, 1936, 49 STAT. 1161, 1162, AS AMENDED, ARE APPLICABLE, APPROVED ABSENCE, EXCEPT ON LEAVE WITHOUT PAY, DURING ANY PART OF THE OFFICIALLY ESTABLISHED REGULAR WORKWEEK SHALL BE CHARGED AS ANNUAL OR SICK LEAVE AS THE CASE MAY BE, AND ANY ABSENCE ON APPROVED ANNUAL OR SICK LEAVE SHALL NOT BE CONSTRUED TO REDUCE THE AMOUNT OF OVERTIME COMPENSATION TO WHICH THE EMPLOYEE IS ENTITLED FOR EMPLOYMENT DURING THE OFFICIALLY ESTABLISHED REGULAR WORKWEEK.

REFERRING TO THE PENULTIMATE PARAGRAPH OF YOUR LETTER, AS THE REGULAR TOUR OF DUTY OF EMPLOYEES COMING WITHIN THE PURVIEW OF THE ACT OF MARCH 28, 1934, MAY NOT BE FIXED AT MORE THAN FORTY HOURS PER WEEK-- IN THIS CASE FIVE DAYS PER WEEK FROM MONDAY THROUGH FRIDAY, INCLUSIVE- - AND AS SUCH EMPLOYEES ARE EXCEPTED FROM THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942, AND EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, NO CHANGE IN EXISTING RULES AND REGULATIONS CONTROLLING THE CHARGING OF ANNUAL AND SICK LEAVE OF ABSENCE FOR SUCH EMPLOYEES IS AUTHORIZED OR REQUIRED. SEE LETTER OF DECEMBER 24, 1942, B-31212, TO THE SECRETARY OF WAR. ACCORDINGLY, BOTH QUESTIONS IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER ARE ANSWERED IN THE AFFIRMATIVE.