B-67760, AUGUST 26, 1947, 27 COMP. GEN. 124

B-67760, AUGUST 26, 1947, 27 COMP. GEN. 124

QUARTERS ALLOWANCE - FOREIGN SERVICE - CIVILIAN EMPLOYEE AND MILITARY MEMBERS OF FAMILY LIVING TOGETHER THE PROVISIONS OF PARAGRAPH 4, PART A, OF BUDGET CIRCULAR A-8, JULY 19, 1946, RESPECTING QUARTERS ALLOWANCES FOR CIVILIAN EMPLOYEES IN FOREIGN COUNTRIES, THAT WHERE TWO OR MORE MEMBERS OF A FAMILY LIVING TOGETHER ARE EMPLOYED BY THE GOVERNMENT, THE ALLOWANCES OF SUCH PERSONS SHALL NOT IN TOTAL EXCEED THE MAXIMUM WHICH MIGHT BE GRANTED A MARRIED EMPLOYEE, ARE APPLICABLE TO LIMIT THE ALLOWANCE OF A CIVILIAN EMPLOYEE LIVING WITH A MEMBER OF THE FAMILY WHO IS IN THE MILITARY SERVICE TO AN AMOUNT WHICH, WHEN ADDED TO THE QUARTERS OR RENTAL ALLOWANCE OF THE MILITARY MEMBER, WILL NOT EXCEED THE MAXIMUM ALLOWANCE FOR MARRIED PERSONS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, AUGUST 26, 1947:

CONSIDERATION HAS BEEN GIVEN TO A LETTER DATED JULY 2, 1947, FROM YOUR PREDECESSOR, AS FOLLOWS:

THE INTELLIGENCE DIVISION, WAR DEPARTMENT GENERAL STAFF, HAS RECEIVED SEVERAL INQUIRIES FROM THEIR MILITARY ATTACHES STATIONED ABROAD REGARDING THE AMOUNT PROPERLY PAYABLE TO CIVILIAN EMPLOYEES ON DUTY IN THEIR OFFICES UNDER THE ACT OF 26 JUNE 1930 (46 STAT.818), WHICH READS:

"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. 0): 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.'

UNDER BUREAU OF THE BUDGE CIRCULAR A-8 DATED 19 JULY 1946, ALLOWANCES OF FROM $300.00 TO $600.00 PER ANNUM HAVE BEEN ESTABLISHED FOR SINGLE EMPLOYEES AND $500.00 TO $900.00 PER ANNUM FOR MARRIED INDIVIDUALS UNDER GROUP 4.

THE QUESTIONS WHICH HAVE BEEN RAISED ARE AS FOLLOWS:

A. WHEN A SINGLE FEMALE EMPLOYEE WHO WAS DRAWING THE MAXIMUM ALLOWANCE FOR UNMARRIED PERSON MARRIES AN ENLISTED MAN OF THE FIRST THREE GRADES, TO WHAT ALLOWANCE IS SHE ENTITLED UNDER THE ABOVE CITED ACT? NO GOVERNMENT QUARTERS FURNISHED.

B. WHEN A SINGLE FEMALE EMPLOYEE WHO WAS DRAWING THE MAXIMUM ALLOWANCE FOR UNMARRIED PERSON MARRIES AN ENLISTED MAN BELOW THE FIRST THREE GRADES, TO WHAT ALLOWANCE IS SHE ENTITLED UNDER THE ABOVE CITED ACT? GOVERNMENT QUARTERS FURNISHED.

C. WHEN A SINGLE FEMALE EMPLOYEE WHO WAS DRAWING THE MAXIMUM ALLOWANCE FOR UNMARRIED PERSON MARRIES AN ARMY OFFICER, TO WHAT ALLOWANCE IS SHE ENTITLED UNDER THE ABOVE CITED ACT? NO GOVERNMENT QUARTERS FURNISHED.

D. WHEN A WIDOW WITH A DEPENDENT CHILD WHO WAS DRAWING THE MAXIMUM ALLOWANCE FOR MARRIED PERSON WITH DEPENDENT MARRIES AN ENLISTED MAN OF THE FIRST THREE GRADES, TO WHAT ALLOWANCE IS SHE ENTITLED UNDER THE ABOVE CITED ACT? NO GOVERNMENT QUARTERS FURNISHED.

A SEARCH OF DECISIONS AND REGULATIONS FAILS TO DISCLOSE THE ANSWERS TO THE ABOVE QUESTIONS.

PARAGRAPH 28. AR 35-411 MAKES PROVISION FOR RENTAL ALLOWANCE WHEN BOTH PARTIES ARE MEMBERS OF THE MILITARY ESTABLISHMENT AS FOLLOWS:

"IF BOTH THE OFFICER AND HIS WIFE ARE EMPLOYED BY THE GOVERNMENT IN A CAPACITY WHICH ENTITLES THEM TO INCREASED SUBSISTENCE AND RENTAL ALLOWANCE ON ACCOUNT OF DEPENDENTS, AND NEITHER IS FURNISHED SUCH ALLOWANCES IN KIND, BOTH ARE ENTITLED TO RECEIVE SUCH ALLOWANCES IN THEIR OWN RIGHTS AS PERSONS WITHOUT DEPENDENTS.'

BUREAU OF THE BUDGET CIRCULAR A-8 DATED 19 JULY 1946 MAKES PROVISION FOR " LIVING QUARTERS, HEAT, FUEL AND LIGHT FOR CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT STATIONED IN FOREIGN COUNTRIES" WHEN BOTH PARTIES ARE CIVILIAN EMPLOYEES AS FOLLOWS:

"WHERE TWO OR MORE MEMBERS OF A FAMILY LIVING TOGETHER ARE EMPLOYED BY THE GOVERNMENT EITHER IN THE SAME OR DIFFERENT OFFICES OR CAPACITIES THE ALLOWANCES GRANTED SUCH PERSONS SHALL NOT IN TOTAL EXCEED THE MAXIMUM WHICH MIGHT BE GRANTED TO A MARRIED EMPLOYEE.'

AS THE ABOVE TWO CIRCUMSTANCES ARE NOT PARALLEL CASES TO THOSE LISTED IN "A," "B," "C," AND ," ABOVE, IT IS REQUESTED THAT DECISIONS BE RENDERED THEREON.

AS INDICATED IN THE ABOVE LETTER, THE PROVISIONS OF PARAGRAPH 28, AR 35 4220, ARE FOR APPLICATION ONLY WHEN BOTH SPOUSES ARE MEMBERS OF THE MILITARY ESTABLISHMENT. THE PROVISIONS OF THAT SECTION ARE BASED UPON CERTAIN STATUTORY PROVISIONS RELATING ONLY TO MILITARY PERSONNEL, WHICH PROVISIONS ARE DISCUSSED IN 23 COMP. GEN. 216, AND IN 23 COMP. GEN. 404.

I FIND NO INDICATION THAT PARAGRAPH 4, PART A, OF BUDGET CIRCULAR A 8, REVISED JULY 19, 1946, PARTIALLY QUOTED IN YOUR LETTER, SUPRA, IS NOT FOR APPLICATION WHERE ONE OF THE MEMBERS OF THE FAMILY EMPLOYED IN A CIVILIAN CAPACITY WITH THE GOVERNMENT LIVES WITH A MEMBER OF THE FAMILY WHO IS A MEMBER OF THE MILITARY ESTABLISHMENT OF THE GOVERNMENT. IN SUCH A CASE, AND WHERE GOVERNMENT QUARTERS ARE NOT PROVIDED, THE ALLOWANCE WHICH MAY BE PAID THE CIVILIAN MEMBER OF THE FAMILY FOR QUARTERS, HEAT, FUEL, AND LIGHT IS AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE RENTAL ALLOWANCE RECEIVED BY THE MILITARY MEMBER OF THE FAMILY AND THE MAXIMUM ALLOWANCE FOR QUARTERS, HEAT, FUEL, AND LIGHT AUTHORIZED BY APPENDIX II OF BUDGET CIRCULAR A-8 OF JULY 19, 1946, FOR MARRIED PERSONS OR PERSONS WITH DEPENDENTS IN THE GROUP IN WHICH THE CIVILIAN IS EMPLOYED. THAT IS, WHERE ONE MEMBER OF THE FAMILY IS EMPLOYED IN A CIVILIAN ESTABLISHMENT AND LIVES WITH ANOTHER MEMBER OF THE FAMILY EMPLOYED IN THE MILITARY ESTABLISHMENT, THE MAXIMUM ALLOWANCE THAT MAY BE RECEIVED BY THE CIVILIAN MEMBER OF THE FAMILY FOR QUARTERS, HEAT, FUEL, AND LIGHT, WHEN ADDED TO THE RENTAL ALLOWANCE RECEIVED BY THE MILITARY MEMBER OF THE FAMILY, MAY NOT EXCEED THE MAXIMUM ALLOWANCE FOR QUARTERS, HEAT, FUEL, AND LIGHT FOR MARRIED PERSONS AND PERSONS WITH DEPENDENTS PROVIDED BY APPENDIX II OF BUDGET CIRCULAR A-8 OF JULY 19, 1946, FOR PERSONS STATIONED IN FOREIGN COUNTRIES IN THE GROUP IN WHICH THE CIVILIAN MEMBER OF THE FAMILY IS EMPLOYED.

THE ABOVE IS FOR APPLICATION IN THE SITUATIONS PRESENTED IN EACH OF THE QUESTIONS A, B, C, AND D IN THE LETTER, SUPRA. HOWEVER, NOTHING STATED HEREIN SHOULD BE CONSTRUED AS REQUIRING A DEDUCTION IN THE RENTAL ALLOWANCE RECEIVED BY A MEMBER OF THE MILITARY ESTABLISHMENT WHO IS LIVING WITH ANOTHER MEMBER OF THE FAMILY EMPLOYED BY THE GOVERNMENT IN A CIVILIAN CAPACITY. IF THE RENTAL ALLOWANCE OF THE MILITARY MEMBER OF THE FAMILY EXCEEDS THE MAXIMUM ALLOWANCE FOR QUARTERS, HEAT, FUEL, AND LIGHT PROVIDED FOR MARRIED CIVILIANS OR CIVILIANS WITH DEPENDENTS OF THE GROUP IN WHICH THE CIVILIAN MEMBER IS EMPLOYED, THE FULL RENTAL ALLOWANCE WOULD BE PAYABLE TO THE MILITARY MEMBER OF THE FAMILY, BUT NO ALLOWANCE FOR QUARTERS, HEAT, FUEL, AND LIGHT WOULD BE PAYABLE TO THE CIVILIAN MEMBER OF THE FAMILY.