B-8426, FEBRUARY 26, 1940, 19 COMP. GEN. 756

B-8426, FEBRUARY 26, 1940, 19 COMP. GEN. 756

PAY AND ALLOWANCES - WARRANT OFFICERS OF THE COAST GUARD COMMISSIONED FROM CIVILIAN POSITIONS IN THE LIGHTHOUSE SERVICE IN MEASURING THE TOTAL COMPENSATION PAYABLE TO A COMMISSIONED WARRANT OFFICER OF THE COAST GUARD APPOINTED FROM THE CIVILIAN POSITION OF MASTER OF A LIGHTHOUSE TENDER PURSUANT TO SECTION 4 (A) OF THE ACT OF AUGUST 5, 1939, 53 STAT. 1216, THE COMMUTATION OF RATIONS PAYABLE IN CONNECTION WITH THE CIVILIAN POSITION FOR THE FISCAL YEAR 1940 UNDER THE APPLICABLE REGULATIONS OF THE FORMER LIGHTHOUSE SERVICE WHICH WAS TRANSFERRED TO AND CONSOLIDATED WITH THE COAST GUARD UNDER THE PRESIDENT'S REORGANIZATION PLAN NO. 11, MAY BE CONSIDERED PART OF THE ANNUAL PAY AND ALLOWANCES UNDER THE PROVISION OF SECTION 7 OF THE ACT WHICH SAVES, TO ANY PERSON COMMISSIONED OR APPOINTED PURSUANT TO THE ACT, THE TOTAL ANNUAL COMPENSATION AND ALLOWANCES HE WAS RECEIVING ON THE DATE OF HIS COMMISSION OR APPOINTMENT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, FEBRUARY 26, 1940:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 5, 1940, AS FOLLOWS:

ON JULY 1, 1939, THE BUREAU OF LIGHTHOUSES, DEPARTMENT OF COMMERCE, WAS TRANSFERRED TO AND CONSOLIDATED WITH THE COAST GUARD UNDER THE PROVISIONS OF REORGANIZATION PLAN NO. II, ISSUED UNDER AUTHORITY OF THE REORGANIZATION ACT OF 1939 ( PUBLIC, NO. 19, 76TH CONGRESS). SECTION 8 (A) AND (C) OF THE REORGANIZATION ACT OF 1939 READS AS FOLLOWS:

"SEC. 8 (A) ALL ORDERS, RULES, REGULATIONS, PERMITS, OR OTHER PRIVILEGES MADE, ISSUED, OR GRANTED BY OR IN RESPECT OF ANY AGENCY OR FUNCTION TRANSFERRED TO, OR CONSOLIDATED WITH, ANY OTHER AGENCY OR FUNCTION UNDER THE PROVISIONS OF THIS TITLE, AND IN EFFECT AT THE TIME OF THE TRANSFER OR CONSOLIDATION, SHALL CONTINUE IN EFFECT TO THE SAME EXTENT AS IF SUCH TRANSFER OR CONSOLIDATION HAD NOT OCCURRED, UNTIL MODIFIED, SUPERSEDED, OR REPEALED.

"/C) ALL LAWS RELATING TO ANY AGENCY OR FUNCTION TRANSFERRED TO, OR CONSOLIDATED WITH, ANY OTHER AGENCY OR FUNCTION UNDER THE PROVISIONS OF THIS TITLE, SHALL, INSOFAR AS SUCH LAWS ARE NOT INAPPLICABLE, REMAIN IN FULL FORCE AND EFFECT.'

PARAGRAPHS (A) AND (B), ARTICLE 363, REGULATIONS FOR THE UNITED STATES LIGHTHOUSE SERVICE, 1927, PROVIDE AS FOLLOWS:

"363. SUBSISTENCE OF OFFICERS AND CREWS OF VESSELS.--- (A) THE RATES FOR SUBSISTENCE FOR OFFICERS AND CREWS OF VESSELS OF THE LIGHTHOUSE SERVICE SHALL BE AS FIXED BY THE DEPARTMENT. (SEE ART. 364 AS TO ALLOWANCE DURING ABSENCES.)

"/C) COMMUTATION OF RATIONS IS AUTHORIZED FOR OFFICERS AND CREWS OF LIGHTSHIPS AND TENDERS AND OFFICIALS AND OTHER AUTHORIZED PERSONS OF THE LIGHTHOUSE SERVICE ON DUTY ON BOARD OF SUCH TENDERS OR VESSELS, AND MONEY ACCRUING FROM COMMUTATION FOR RATIONS AND PROVISIONS FOR THE ABOVE-NAMED PERSONS ON BOARD OF TENDERS AND LIGHTSHIPS MAY BE PAID ON PROPER VOUCHERS TO THE PERSON HAVING CHARGE OF THE MESS OF SUCH VESSELS. (FROM ACT OF AUGUST 24, 1912, 37 STAT. 469.)"

SECTION 3 OF THE ACT OF MAY 13, 1938, 52 STAT. 353 ( U.S.C., SUPP. IV, TITLE 33, SEC. 770), PROVIDES THAT:

"SEC. 3. MONEY ACCRUING FROM COMMUTATION OF RATIONS AND PROVISIONS FOR WORKING PARTIES IN THE FIELD, OFFICERS AND CREWS OF LIGHT VESSELS AND TENDERS, AND OFFICIALS AND OTHER AUTHORIZED PERSONS ON BOARD OF SUCH TENDERS OR VESSELS, AFTER PAYMENT ON PROPER VOUCHERS TO THE OFFICER IN CHARGE OF THE MESS OF SUCH VESSEL OR PARTY, AS PROVIDED BY LAW, MAY BE EXPENDED AND ACCOUNTED FOR PURSUANT TO REGULATIONS PRESCRIBED BY THE SECRETARY OF COMMERCE, NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JUNE 26, 1934 (48 STAT. 1233).'

THE ACT OF JUNE 29, 1939 ( PUBLIC, NO. 156, 76TH CONGRESS), MAKING APPROPRIATIONS FOR THE DEPARTMENT OF COMMERCE FOR THE CURRENT FISCAL YEAR, INCLUDES THE FOLLOWING:

"GENERAL EXPENSES, LIGHTHOUSE SERVICE.--- FOR SUPPLIES, * * * RATIONS AND PROVISIONS OR COMMUTATION THEREOF FOR WORKING PARTIES IN THE FIELD, OFFICERS AND CREWS OF LIGHT VESSELS AND TENDERS, AND OFFICIALS AND OTHER AUTHORIZED PERSONS OF THE LIGHTHOUSE SERVICE ON DUTY ON BOARD OF SUCH TENDERS OR VESSELS, AND MONEY ACCRUING FROM COMMUTATION FOR RATIONS AND PROVISIONS FOR THE ABOVE-NAMED PERSONS ON BOARD TENDERS AND LIGHT VESSELS OR IN WORKING PARTIES IN THE FIELD MAY BE PAID ON PROPER VOUCHERS TO THE PERSON HAVING CHARGE OF THE MESS OF SUCH VESSEL OR PARTY; * * *.'

SEC. 4 (A) OF THE ACT OF AUGUST 5, 1939 ( PUBLIC, NO. 291, 76TH CONGRESS), READS AS FOLLOWS:

"SEC. 4. (A) THE PRESIDENT IS HEREBY AUTHORIZED TO COMMISSION BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AS CHIEF WARRANT OFFICERS OF THE COAST GUARD AS THE NEEDS OF THE SERVICE MAY REQUIRE, SUCH PERSONNEL OF THE LIGHTHOUSE SERVICE AS, ON JUNE 30, 1939, MET THE REQUIREMENTS FOR RETIREMENT (EXCEPT THOSE RELATING TO AGE AND PERIOD OF SERVICE) OF SECTION 6 OF THE ACT APPROVED JUNE 20, 1918, AS AMENDED AND SUPPLEMENTED, AND WHO POSSESS SUCH MENTAL, MORAL, PROFESSIONAL, AND PHYSICAL QUALIFICATIONS AS MAY BE PRESCRIBED BY THE SECRETARY.'

SECTION 7 OF THE ACT OF AUGUST 5, 1939, PROVIDES, IN PART, THAT:

"SEC. 7. NO PERSON COMMISSIONED, APPOINTED, OR ENLISTED IN THE COAST GUARD PURSUANT TO THIS ACT SHALL SUFFER ANY REDUCTION IN THE TOTAL OF THE ANNUAL COMPENSATION AND ALLOWANCES WHICH HE WAS RECEIVING ON THE DATE OF HIS COMMISSION, APPOINTMENT, OR ENLISTMENT. * * *"

UNDER THE AUTHORITY OF SECTION 4 (A) OF THE ACT OF AUGUST 5, 1939, IT IS INTENDED TO RECOMMEND FOR A COMMISSION AS CHIEF WARRANT OFFICER, MR. GEORGE LARSEN, MASTER OF THE LIGHTHOUSE TENDER SUNFLOWER. HIS PRESENT SALARY AS A CIVILIAN OFFICER IS $3,300 AND HE IS SUBSISTED BY THE GOVERNMENT IN ACCORDANCE WITH REGULATIONS OF THE FORMER LIGHTHOUSE SERVICE AND WITH FUNDS MADE AVAILABLE IN THE APPROPRIATION " GENERAL EXPENSES, LIGHTHOUSE SERVICE, COAST GUARD, 1940," AS HEREINBEFORE SET FORTH, AT A PRESENT COST OF 60 CENTS PER DAY OR $219 PER YEAR. AS A CHIEF WARRANT OFFICER THE TOTAL PAY AND ALLOWANCES OF MR. LARSEN WILL BE, PAY $2,000, THE ALLOWANCE FOR SUBSISTENCE $438, AND THE ALLOWANCE FOR QUARTERS $720, MAKING HIS TOTAL PAY AND ALLOWANCES AS CHIEF WARRANT OFFICER $3,158.

IN VIEW OF THE FACT THAT THE ABOVE-MENTIONED PROVISION FOR SUBSISTENCE IS THE ONLY ADDITIONAL BENEFIT AUTHORIZED BY LAW TO EMPLOYEES OF THE FORMER LIGHTHOUSE SERVICE (ASIDE FROM CERTAIN TRANSPORTATION ALLOWANCES) IT IS THE OPINION OF THIS DEPARTMENT THAT, UNDER SECTION 7 OF THE ACT OF AUGUST 5, 1939, MR. LARSEN, AS A CHIEF WARRANT OFFICER, LEGALLY WILL BE ENTITLED TO RECEIVE A SALARY OF $3,300 AND CONTINUE TO BE SUBSISTED BY THE GOVERNMENT UNTIL SUCH TIME AS THE TOTAL PAY AND ALLOWANCES TO WHICH HE WOULD BE ENTITLED IN HIS GRADE OF CHIEF WARRANT OFFICER IS EQUAL TO OR GREATER THAN HIS SALARY OF $3,300, PLUS THE COST OF SUBSISTENCE FURNISHED BY THE GOVERNMENT, AND UNLESS OTHERWISE ADVISED BY YOU TO THE CONTRARY, THIS PROCEDURE WILL GOVERN THE INDUCTION INTO THE MILITARY SERVICE OF THE COAST GUARD, UNDER THE AUTHORITY CONTAINED IN SECTION 4 (A) OF THE ACT OF AUGUST 5, 1939, OF PERSONNEL OF THE FORMER LIGHTHOUSE SERVICE SUBSISTED BY THE GOVERNMENT.

THERE ARE PENDING AT THE PRESENT TIME SOME 250 APPOINTMENTS SIMILAR TO THAT OF MR. LARSEN AND IT WILL BE GREATLY APPRECIATED IF YOUR DECISION IN THE PREMISES IS EXPEDITED.

SECTION 10 (B) OF THE REORGANIZATION ACT OF 1939, APPROVED APRIL 3, 1939, 53 STAT. 563, ROVIDES:

ANY TRANSFER OF PERSONNEL UNDER THIS TITLE SHALL BE WITHOUT CHANGE IN CLASSIFICATION OR COMPENSATION, EXCEPT THAT THIS REQUIREMENT SHALL NOT OPERATE AFTER THE END OF THE FISCAL YEAR DURING WHICH THE TRANSFER IS MADE TO PREVENT THE ADJUSTMENT OF CLASSIFICATION OR COMPENSATION TO CONFORM TO THE DUTIES TO WHICH SUCH TRANSFERRED PERSONNEL MAY BE ASSIGNED.

SECTION 9 OF THE ACT OF AUGUST 5, 1939, 53 STAT. 1217, REPEALED ALL LAWS OR PARTS OF LAWS INCONSISTENT THEREWITH. SECTION 7 SAVED TO A PERSON COMMISSIONED IN THE COAST GUARD PURSUANT TO THE ACT OF AUGUST 5, 1939, THE TOTAL ANNUAL COMPENSATION AND ALLOWANCES HE WAS RECEIVING ON THE DATE OF HIS COMMISSION.

THE ACT OF AUGUST 24, 1912, 37 STAT. 469, UNDER GENERAL EXPENSES, LIGHTHOUSE SERVICE, PROVIDED:

FOR * * * RATIONS AND PROVISIONS OR COMMUTATION THEREOF FOR KEEPERS OF LIGHTHOUSES, OFFICERS AND CREWS OF LIGHT VESSELS AND TENDERS, AND OFFICIALS AND OTHER AUTHORIZED PERSONS OF THE LIGHTHOUSE SERVICE ON DUTY ON BOARD OF SUCH TENDERS OR VESSELS, AND MONEY ACCRUING FROM COMMUTATION FOR RATIONS AND PROVISIONS FOR THE ABOVE-NAMED PERSONS ON BOARD OF TENDERS AND LIGHT VESSELS MAY BE PAID ON PROPER VOUCHERS TO THE PERSON HAVING CHARGE OF THE MESS OF SUCH VESSELS, * * *

SIMILAR PROVISION HAS APPEARED IN THE ANNUAL APPROPRIATION ACTS FOR THE LIGHTHOUSE SERVICE SINCE THAT TIME INCLUDING THE FISCAL YEAR 1940, 53 STAT. 912. THE COMMUTATION VALUE OF THE RATIONS FOR THE LAST MENTIONED YEAR IS STATED IN YOUR LETTER TO BE 60 CENTS PER DAY. COMMUTATION OF RATIONS PAYABLE DURING THE FISCAL YEAR 1940 FROM THE APPROPRIATION " GENERAL EXPENSES, LIGHTHOUSE SERVICE, COAST GUARD" AT THE RATE FIXED ADMINISTRATIVELY UNDER THE REGULATIONS MAY BE CONSIDERED PART OF THE ANNUAL PAY AND ALLOWANCES UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF AUGUST 5, 1939, 53 STAT. 1216, IN MEASURING THE TOTAL COMPENSATION PAYABLE TO A COMMISSIONED WARRANT OFFICER OF THE COAST GUARD APPOINTED FROM THE CIVILIAN POSITION OF MASTER OF A LIGHTHOUSE TENDER.