B-46632, JANUARY 18, 1945, 24 COMP. GEN. 536

B-46632: Jan 18, 1945

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ARE UNDER ORDERS TO PROCEED TO PERMANENT STATIONS IN HAWAII FOR QUARANTINE INSPECTION WORK AND MEDICAL CARE OF COAST GUARD PERSONNEL AND OTHER PUBLIC HEALTH SERVICE BENEFICIARIES. IT IS EXPECTED THAT ONE OR MORE PUBLIC HEALTH SERVICE COMMISSIONED OFFICERS IN THE NEAR FUTURE WILL BE ORDERED TO PROCEED TO HAWAII FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES IN CONNECTION WITH THE NATIONAL DEFENSE. EMERGENCY HEALTH AND SANITATION ACTIVITIES ARE UNDER THE DIRECTION OF THE DISTRICT DIRECTOR OF THE PUBLIC HEALTH SERVICE. UNDER HIM IS A STAFF OF PUBLIC HEALTH SERVICE COMMISSIONED OFFICERS AND CERTAIN CIVILIAN PERSONNEL. THERE ARE ALSO ABOUT 450 ARMY ENLISTED MEN ASSIGNED TO OPERATE EQUIPMENT AND PERFORM OTHER WORK UNDER THE SUPERVISION OF TRAINED PUBLIC HEALTH SERVICE OFFICERS.

B-46632, JANUARY 18, 1945, 24 COMP. GEN. 536

LEASING OF QUARTERS FOR PUBLIC HEALTH SERVICE OFFICER - APPROPRIATION AVAILABILITY IN THE ABSENCE OF SPECIFIC PROVISION THEREFOR, THE EXPENSE OF LEASING HOUSES AS LIVING QUARTERS FOR COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE STATIONED IN HAWAII MAY NOT BE CHARGED TO FUNDS APPROPRIATED BY THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1945, FOR MISCELLANEOUS AND CONTINGENT EXPENSES OF THE PUBLIC HEALTH SERVICE, OR TO ANY OTHER APPROPRIATED FUNDS UNDER THE CONTROL OF THE FEDERAL SECURITY ADMINISTRATOR, EVEN THOUGH SUITABLE QUARTERS CANNOT BE PROCURED BY THE OFFICERS PERSONALLY OR WITHIN THEIR AUTHORIZED RENTAL ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE FEDERAL SECURITY ADMINISTRATOR, JANUARY 18, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 3, 1945, AS FOLLOWS:

TWO COMMISSIONED OFFICER, PUBLIC HEALTH SERVICE, ARE UNDER ORDERS TO PROCEED TO PERMANENT STATIONS IN HAWAII FOR QUARANTINE INSPECTION WORK AND MEDICAL CARE OF COAST GUARD PERSONNEL AND OTHER PUBLIC HEALTH SERVICE BENEFICIARIES. SUCH WORK CONSTITUTES REGULAR AND USUAL WORK OF THE PUBLIC HEALTH SERVICE. ALSO, IT IS EXPECTED THAT ONE OR MORE PUBLIC HEALTH SERVICE COMMISSIONED OFFICERS IN THE NEAR FUTURE WILL BE ORDERED TO PROCEED TO HAWAII FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES IN CONNECTION WITH THE NATIONAL DEFENSE. AS A PART OF SUCH HEALTH AND SANITATION ACTIVITIES AND AT THE REQUEST OF THE MILITARY AUTHORITIES, THE PUBLIC HEALTH SERVICE HAS BEEN CARRYING ON IN HAWAII PLAGUE AND DENGUE- YELLOW FEVER CONTROL WORK. EMERGENCY HEALTH AND SANITATION ACTIVITIES ARE UNDER THE DIRECTION OF THE DISTRICT DIRECTOR OF THE PUBLIC HEALTH SERVICE. UNDER HIM IS A STAFF OF PUBLIC HEALTH SERVICE COMMISSIONED OFFICERS AND CERTAIN CIVILIAN PERSONNEL. THERE ARE ALSO ABOUT 450 ARMY ENLISTED MEN ASSIGNED TO OPERATE EQUIPMENT AND PERFORM OTHER WORK UNDER THE SUPERVISION OF TRAINED PUBLIC HEALTH SERVICE OFFICERS. SUCH WORK IS DESIGNED TO PROTECT THE HEALTH OF THE ARMED FORCES AND TO PREVENT THE SPREAD OF DISEASE TO AND FROM MEMBERS OF THE ARMED FORCES AND THE CIVILIAN POPULATION OF THE CONTINENTAL UNITED STATES AS WELL AS IN HAWAII ITSELF. THE FIRST SUPPLEMENTAL APPROPRIATION ACT, 1945, INCREASES THE AMOUNT AVAILABLE FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES.

AFTER THE OUTBREAK OF THE WAR, THE UNITED STATES ARMY TOOK OVER THE UNITED STATES QUARANTINE STATION AT HONOLULU AND IMMEDIATELY DISPOSSESSED THE PUBLIC HEALTH SERVICE OFFICERS WHO WERE OCCUPYING THE QUARTERS ON THE STATION. THE DISTRICT DIRECTOR FOR HAWAII HAS REPORTED THAT HE HAS BEEN UNSUCCESSFUL IN HIS EFFORTS TO HAVE THE WAR DEPARTMENT OR THE NAVY DEPARTMENT PROVIDE ANY SPACE FOR LIVING QUARTERS FOR THE OFFICERS OF THE PUBLIC HEALTH SERVICE. ALSO, HE HAS BEEN UNABLE TO ARRANGE WITH OTHER AGENCIES TO MAKE SPACE AVAILABLE.

WE ARE ADVISED THAT THE REGULATIONS OF THE WAR DEPARTMENT TERRITORIAL OFFICE OF INTERNAL SECURITY REQUIRE THAT NO PERSON MAY PROCEED TO HAWAII UNLESS ADVANCE CERTIFICATION IS MADE BY PROPER AUTHORITY THAT SPECIFIC LIVING QUARTERS ARE ACTUALLY AVAILABLE. EFFORTS TO OBTAIN AN EXEMPTION FOR PUBLIC HEALTH SERVICE OFFICERS HAVE BEEN UNSUCCESSFUL. THE HOUSING SITUATION IN HONOLULU IS EXTREMELY SERIOUS AND THE DISTRICT DIRECTOR THERE HAS FOUND IT IMPOSSIBLE TO NEGOTIATE LEASES FOR LIVING QUARTERS IN BEHALF OF THE OFFICERS NOW AWAITING PERMISSION TO PROCEED TO HONOLULU FROM THE STATES. THE PUBLIC HEALTH SERVICE HAS DECIDED TO RENT QUARTERS FOR THESE COMMISSIONED OFFICERS IF EXISTING APPROPRIATIONS ARE AVAILABLE FOR SUCH PURPOSE. ACCORDINGLY, NEGOTIATIONS HAVE BEEN INSTITUTED LOOKING TO THE LEASING OF ONE OR TWO HOUSES TO BE USED AS QUARTERS FOR OFFICERS OF THE PUBLIC HEALTH SERVICE.

YOUR ADVICE IS NOW REQUESTED AS TO THE AVAILABILITY OF THE APPROPRIATION " MISCELLANEOUS AND CONTINGENT EXPENSES NECESSARY FOR THE WORK OF THE PUBLIC HEALTH SERVICE," OR OTHER CURRENT APPROPRIATIONS FOR THE LEASING OF QUARTERS FOR OFFICERS WHO ARE TO BE ENGAGED IN HAWAII IN REGULAR AND USUAL WORK OF THE PUBLIC HEALTH SERVICE. THE APPROPRIATION INDICATED ENUMERATES CERTAIN ITEMS, BUT THE ENUMERATION DOES NOT PURPORT TO BE EXCLUSIVE. ONE OF THE ITEMS ENUMERATED IS FOR ALLOWANCES FOR LIVING QUARTERS AS AUTHORIZED BY THE ACT APPROVED JUNE 26, 1930 (5 U.S.C. 118A). THAT ACT RELATES TO THE FURNISHING OF QUARTERS TO CIVILIAN OFFICERS AND EMPLOYEES IN FOREIGN COUNTRIES, AND BY ITS TERMS IS APPLICABLE ONLY WITHIN THE LIMITS OF APPROPRIATIONS MADE FOR SUCH PURPOSE. ORDINARILY, OF COURSE, APPROPRIATIONS FOR ALLOWANCES AND COMMUTATION OF QUARTERS FOR COMMISSIONED OFFICERS ARE AVAILABLE TO THE SERVICE AND THERE IS NO NEED, WHEN QUARTERS ARE NOT AVAILABLE FOR COMMISSIONED OFFICERS AT STATIONS OF THE SERVICE ITSELF, TO GO OUTSIDE TO SECURE LIVING QUARTERS THROUGH RENTAL ARRANGEMENTS. HOWEVER, THE ACT OF JUNE 26, 1930, APPEARS TO EVIDENCE A PURPOSE ON THE PART OF CONGRESS TO MAKE POSSIBLE THE RENTING OF QUARTERS FOR ITS PERSONNEL BY THE GOVERNMENT IN SITUATIONS IN WHICH QUARTERS ARE NOT OTHERWISE OBTAINABLE. CONTINGENCIES OF THE TYPE WHICH HAVE NOW ARISEN IN HAWAII WOULD APPEAR TO REQUIRE A SUFFICIENTLY BROAD CONSTRUCTION OF THE VARIOUS ACTS AND OF THE APPROPRIATE LANGUAGE TO MEET SUCH A CONTINGENCY.

YOUR ADVICE ALSO IS REQUESTED AS TO THE AVAILABILITY OF THE APPROPRIATION " EMERGENCY HEALTH AND SANITATION ACTIVITIES, PUBLIC HEALTH SERVICE (NATIONAL DEFENSE), 1945" FOR LEASING QUARTERS FOR OFFICERS ENGAGED IN ACTIVITIES EMBRACED WITHIN THE SCOPE OF THAT APPROPRIATION. THIS APPROPRIATION IS IN TERMS FOR ALL EXPENSES NECESSARY TO ENABLE THE SURGEON GENERAL TO CONDUCT ACTIVITIES TO PROVIDE EMERGENCY HEALTH AND SANITATION SERVICES IN CERTAIN DEFINED AREAS. UNDER THESE CIRCUMSTANCES, IF THE WORK OF THE SERVICE FOR SUCH EMERGENCY PURPOSES IS NOT TO BE IMPEDED, THE LEASING OF QUARTERS FOR USE BY COMMISSIONED OFFICERS UPON THEIR ARRIVAL SEEMS NECESSARY. IT IS UNDERSTOOD, OF COURSE, THAT COMMISSIONED OFFICERS WOULD NOT BE PAID RENTAL ALLOWANCES TO THE EXTENT THAT THEY ARE FURNISHED SUCH LEASED QUARTERS.

IN VIEW OF THE URGENCY OF THE SITUATION, EARLY CONSIDERATION IS RESPECTFULLY REQUESTED.

THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1945, APPROVED JUNE 28, 1944, 58 STAT. 547, 557, 560, APPROPRIATING FUNDS FOR THE VARIOUS ACTIVITIES OF THE PUBLIC HEALTH SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1945, UNDER THE HEADINGS " COMMISSIONED OFFICERS, PAY, AND SO FORTH," " EMERGENCY HEALTH AND SANITATION ACTIVITIES (NATIONAL DEFENSE)" AND " MISCELLANEOUS AND CONTINGENT EXPENSES" PROVIDES AS FOLLOWS:

COMMISSIONED OFFICERS, PAY, AND SO FORTH: FOR PAY, ALLOWANCE COMMUTATION OF QUARTERS FOR NOT TO EXCEED FIVE HUNDRED AND SEVENTY REGULAR ACTIVE COMMISSIONED OFFICERS * * *.

EMERGENCY HEALTH AND SANITATION ACTIVITIES (NATIONAL DEFENSE): FOR ALL EXPENSES NECESSARY TO ENABLE THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE TO CONDUCT INDEPENDENTLY OR TO ASSIST STATE AND LOCAL HEALTH AUTHORITIES IN HEALTH AND SANITATION ACTIVITIES (1) IN AREAS ADJOINING MILITARY AND NAVAL RESERVATIONS, (2) IN AREAS WHERE THERE ARE CONCENTRATIONS OF MILITARY AND NAVAL FORCES, (3) IN AREAS ADJOINING GOVERNMENT AND PRIVATE INDUSTRIAL PLANTS ENGAGED IN DEFENSE WORK, AND (4) IN PRIVATE INDUSTRIAL PLANTS ENGAGED IN DEFENSE WORK, AND TO PROVIDE EMERGENCY HEALTH AND SANITATION SERVICES IN GOVERNMENT INDUSTRIAL PLANTS ENGAGED IN DEFENSE WORK AND IN AREAS ADJOINING UNITED STATES MILITARY AND NAVAL RESERVATIONS OUTSIDE THE UNITED STATES; SUCH EXPENSES TO INCLUDE PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, THE ACQUISITION BY TRANSFER FROM THE WAR DEPARTMENT OF NOT TO EXCEED TWO HUNDRED AND FIFTY GENERAL-PURPOSE AUTOMOTIVE VEHICLES TO BE PAID FOR BY TRANSFER OF FUNDS, MAINTENANCE AND OPERATION OF PASSENGER-CARRYING AUTOMOBILES, STATIONERY, TRAVEL, PRINTING AND BINDING, THE PURCHASE OF OILS, LARVICIDES, AND OTHER DILUENTS WITHOUT REGARD TO SECTION 3709 OF THE REVISED STATUTES, PURCHASE OF REPRINTS FROM STATE, CITY, AND PRIVATE PUBLICATIONS, AND ITEMS OTHERWISE PROPERLY CHARGEABLE TO THE APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES OF THE PUBLIC HEALTH SERVICE, $11,250,000, OF WHICH NOT TO EXCEED $53,686 MAY BE TRANSFERRED TO THE APPROPRIATION " PAY AND SO FORTH, COMMISSIONED OFFICERS, PUBLIC HEALTH SERVICE.' * * * * * * * *

MISCELLANEOUS AND CONTINGENT EXPENSES: FOR MISCELLANEOUS AND CONTINGENT EXPENSES NECESSARY FOR THE WORK OF THE PUBLIC HEALTH SERVICE, INCLUDING STATIONERY SUPPLIES; OPERATION, MAINTENANCE, AND REPAIR OF PASSENGER- CARRYING AUTOMOBILES; CONTRACT STENOGRAPHIC REPORTING SERVICES; NOT TO EXCEED $4,500 FOR THE PREPARATION OF PUBLIC HEALTH EXHIBITS, INCLUDING PERSONAL SERVICES AND THE COST OF ACQUIRING, TRANSPORTING, AND DISPLAYING EXHIBIT MATERIALS; PACKING, UNPACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF PERSONAL EFFECTS OF COMMISSIONED OFFICERS ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER IN THE PUBLIC INTEREST WHEN AUTHORIZED BY THE SURGEON GENERAL IN THE ORDER DIRECTING SUCH TRANSFER; NOT TO EXCEED $850 FOR LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS FOR THE OFFICE OF THE SURGEON GENERAL; NOMINAL COMPENSATION OF COLLABORATING EPIDEMIOLOGISTS AND OTHERS; AND ALLOWANCES FOR LIVING QUARTERS (NOT EXCEEDING $1,700 FOR ANY ONE PERSON),INCLUDING HEAT, FUEL, AND LIGHT, AS AUTHORIZED BY THE ACT APPROVED JUNE 26, 1930 (5 U.S.C. 118A); $190,000.

THUS, THE APPROPRIATION OR " EMERGENCY HEALTH AND SANITATION ACTIVITIES (NATIONAL DEFENSE)," SUPRA, PROVIDES FUNDS FOR ALL EXPENSES NECESSARY TO ENABLE THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE TO CONDUCT HEALTH AND SANITATION ACTIVITIES,"SUCH EXPENSES TO INCLUDE * * * ITEMS OTHERWISE PROPERLY CHARGEABLE TO THE APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES OF THE PUBLIC HEALTH SERVICE.' THE APPROPRIATION FOR " MISCELLANEOUS AND CONTINGENT EXPENSES" PROVIDES FOR MISCELLANEOUS AND CONTINGENT EXPENSES NECESSARY FOR THE WORK OF THE PUBLIC HEALTH SERVICE, INCLUDING "ALLOWANCES FOR LIVING QUARTERS (NOT EXCEEDING $1,700 FOR ANY ONE PERSON), INCLUDING HEAT, FUEL, AND LIGHT AS AUTHORIZED BY THE ACT APPROVED JUNE 26, 1930 (5 U.S.C. 118A) * * *.'

THE SAID ACT OF JUNE 26, 1930, 46 STAT. 818, PROVIDES AS FOLLOWS:

THAT UNDER SUCH REGULATIONS AS THE HEADS OF THE RESPECTIVE DEPARTMENTS CONCERNED MAY PRESCRIBE AND THE PRESIDENT APPROVE, CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT HAVING PERMANENT STATION IN A FOREIGN COUNTRY MAY BE FURNISHED, WITHOUT COST TO THEM, LIVING QUARTERS, INCLUDING HEAT, FUEL, AND LIGHT, IN GOVERNMENT-OWNED OR RENTED BUILDINGS AND, WHERE SUCH QUARTERS ARE NOT AVAILABLE, MAY BE GRANTED AN ALLOWANCE FOR LIVING QUARTERS INCLUDING HEAT, FUEL, AND LIGHT, NOTWITHSTANDING THE PROVISIONS OF SECTION 1765 OF THE REVISED STATUTES ( U.S.C., TITLE 5, SEC. 70): PROVIDED, THAT SAID RENTED QUARTERS OR ALLOWANCES IN LIEU THEREOF MAY BE FURNISHED ONLY WITHIN THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR, WHICH APPROPRIATIONS ARE HEREBY AUTHORIZED: PROVIDED FURTHER, THAT THE PROVISIONS OF THIS ACT SHALL APPLY ONLY TO THOSE CIVILIAN OFFICERS AND EMPLOYEES WHO ARE CITIZENS OF THE UNITED STATES.

IT WILL BE NOTED THAT THE ACT OF JUNE 26, 1930, SUPRA, AUTHORIZES THE FURNISHING OF GOVERNMENT-OWNED OR RENTED QUARTERS, OR AN ALLOWANCE IN LIEU THEREOF WHEN SUCH QUARTERS ARE NOT AVAILABLE, TO CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT HAVING PERMANENT STATION IN A FOREIGN COUNTRY, WITHIN THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR. MANIFESTLY, EVEN IF IT OTHERWISE PROPERLY COULD BE CONCLUDED THAT COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE "CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT" WITHIN THE MEANING OF THAT ACT AND THAT THE CITED APPROPRIATION FOR "ALLOWANCE FOR LIVING QUARTERS AS AUTHORIZED BY THE ACT OF JUNE 26, 1940" IS AVAILABLE FOR LEASING LIVING QUARTERS FOR SUCH PERSONNEL, THE LATTER STATUTE WOULD HAVE NO APPLICATION TO SUCH OFFICERS STATIONED IN HAWAII SINCE IT SPECIFICALLY REFERS TO STATIONS IN A ,FOREIGN COUNTRY.' OBVIOUSLY, HAWAII IS NOT A FOREIGN COUNTRY. 30 STAT. 750; 31 STAT. 141. ALSO, SEE THE REGULATIONS ISSUED PURSUANT TO THE 1930 STATUTE, WHICH SPECIFICALLY DEFINES " FOREIGN POST" AS "AN OFFICIAL STATION LOCATED OUTSIDE THE CONTINENTAL UNITED STATES, ALASKA, HAWAII * * *.' BUDGET CIRCULAR A-8 DATED AUGUST 1, 1943.

IT WILL BE NOTED THAT THE SAID APPROPRIATION ACT UNDER THE HEADING " COMMISSIONED OFFICERS, PAY, AND SO FORTH," PROVIDES FOR THE PAYMENT OF "COMMUTATION OF QUARTERS" BUT THERE IS NO PROVISION IN ANY OF THE ABOVE QUOTED APPROPRIATIONS--- NOT IN ANY OTHER APPROPRIATION UNDER YOUR CONTROL --- EXPRESSLY OR IMPLIEDLY AUTHORIZING THE PUBLIC HEALTH SERVICE TO LEASE QUARTERS TO BE FURNISHED ITS COMMISSIONED OFFICERS. APPARENTLY, IT IS THE ADMINISTRATIVE VIEW THAT SUCH LEASES MAY BE ENTERED INTO AND THE COST THEREOF PROPERLY REGARDED AS AN ITEM OF MISCELLANEOUS AND CONTINGENT EXPENSE. IN THAT CONNECTION, IT MAY BE STATED THAT THE WORDS "MISCELLANEOUS AND CONTINGENT EXPENSES," AS EMPLOYED IN ACTS MAKING APPROPRIATIONS, LONG HAVE BEEN HELD TO INCLUDE SUCH INCIDENTAL, CASUAL, AND UNFORESEEN EXPENSES NOT OTHERWISE PROVIDED FOR AS ARE LAWFUL, NECESSARY AND APPROPRIATE TO THE EXECUTION OF DUTIES REQUIRED BY LAW IN CONNECTION WITH THE OBJECT FOR WHICH THE APPROPRIATION IS MADE. 2 COMP. DEC. 42; 4 ID. 287; 20 ID. 282; 23 ID. 420; 25 ID. 378; 16 COMP. GEN. 462; 23 ID. 481.

I AM AWARE OF NO DECISION OF THE ACCOUNTING OFFICERS IN WHICH IT WAS HELD THAT THE LEASING OF LIVING QUARTERS FOR USE BY CIVILIAN, MILITARY OR NAVAL PERSONNEL IS AN INCIDENTAL, CASUAL, OR UNFORESEEN EXPENSE, SUCH AS PROPERLY MAY BE CHARGED TO AN APPROPRIATION FOR MISCELLANEOUS AND CONTINGENT EXPENSES. ON THE CONTRARY, IT LONG HAS BEEN CONSIDERED THAT THE SECURING OF SUITABLE LIVING QUARTERS INCIDENT TO THE PERFORMANCE OF AN OFFICER'S OFFICIAL DUTIES IS A MATTER PERSONAL TO THE OFFICER; AND WHEN IT HAS BEEN CONSIDERED THAT THE EXIGENCIES OF THE PUBLIC SERVICE REQUIRED THE LEASING OF LIVING QUARTERS BY THE GOVERNMENT FOR USE OF ITS OFFICERS AND EMPLOYEES--- INCLUDING MILITARY AND NAVAL PERSONNEL--- THE CONGRESS SPECIFICALLY HAS AUTHORIZED SUCH LEASES AND PROVIDED FUNDS THEREFOR, WITH CERTAIN LIMITATIONS AND RESTRICTIONS. SEE THE NAVAL APPROPRIATION ACT, 1945, 58 STAT. 307, 316, WHICH AUTHORIZES THE HIRING OF QUARTERS FOR NAVAL AND COAST GUARD PERSONNEL ,COMPARABLE TO QUARTERS ASSIGNABLE ON A CAPITAL SHIP, AS AUTHORIZED BY THE SECRETARY TO MEET EMERGENCY CONDITIONS," AND THE MILITARY APPROPRIATION ACT, 1945, 58 STAT. 585, UNDER THE HEADING " BARRACKS AND QUARTERS, ARMY," AUTHORIZING THE RENTAL OF BUILDINGS, STRUCTURES, ETC., REQUIRED FOR MILITARY USE. ALSO, SEE 7 COMP. DEC. 408; 12 ID. 397; B-31964, MARCH 20, 1943; B-44618, NOVEMBER 6, 1944. CF. 17 COMP. DEC. 149; 26 ID. 894; 23 COMP. GEN. 522, 526.

THE MERE FACT THAT THE CONGRESS HAS AUTHORIZED A PARTICULAR DEPARTMENT TO HIRE LIVING QUARTERS FOR ITS PERSONNEL UNDER CERTAIN CONDITIONS AND LIMITATIONS MAY NOT BE REGARDED AS EVIDENCING A GENERAL CONGRESSIONAL INTENT TO PERMIT ANOTHER DEPARTMENT NOT GRANTED SUCH AUTHORITY TO HIRE QUARTERS FOR ITS OFFICERS OR EMPLOYEES UNDER SIMILAR CONDITIONS AND LIMITATIONS. ALSO, THE MERE FACT THAT SUITABLE QUARTERS AT AN OFFICER'S ASSIGNED STATION CANNOT BE PROCURED BY HIM PERSONALLY OR WITHIN HIS AUTHORIZED RENTAL ALLOWANCE DOES NOT AUTHORIZE THE LEASING BY THE GOVERNMENT OF QUARTERS TO BE FURNISHED HIM.

ACCORDINGLY, I HAVE TO ADVISE THAT, UNDER THE CIRCUMSTANCES STATED IN YOUR LETTER, IT MUST BE CONCLUDED THAT THE EXPENSE INCIDENT TO LEASING HOUSES FOR COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE STATIONED IN HAWAII IS NOT AN ITEM OF MISCELLANEOUS AND CONTINGENT EXPENSE PROPERLY CHARGEABLE TO EITHER OF THE ABOVE-QUOTED APPROPRIATIONS--- OR TO ANY OTHER CURRENT APPROPRIATION UNDER THE CONTROL OF THE PUBLIC HEALTH SERVICE.