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B-125514, NOVEMBER 16, 1955, 35 COMP. GEN. 289

B-125514 Nov 16, 1955
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TO PAY COST-OF LIVING ALLOWANCES SIMILAR TO THOSE AUTHORIZED IN SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 FROM TRAVEL FUNDS ARE. WERE INCLUDED IN THE COST-OF-LIVING ALLOWANCES SPECIFIED IN SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946. WE ALSO ASKED YOUR OPINION WHETHER THE GRANTING OF EDUCATION ALLOWANCES BY AGENCIES TO WHOM SECTION 10 (B) OF THE ACT APPLIES IS MANDATORY OR PERMISSIVE. THE LETTER CONCLUDES THAT SECTION 10 (B) IS APPLICABLE TO THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS REFERRED TO IN SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT. THE ACTING ASSISTANT SECRETARY POINTS OUT THAT THE LAW WAS ENACTED NEARLY THREE MONTHS SUBSEQUENT TO THE DATE OF APPROVAL OF THE ACT OF APRIL 5.

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B-125514, NOVEMBER 16, 1955, 35 COMP. GEN. 289

ALLOWANCES AND DIFFERENTIALS - COST-OF-LIVING ALLOWANCES - EDUCATION ALLOWANCES DEPARTMENTS AND ESTABLISHMENTS HAVING AUTHORITY UNDER SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT, 1956, TO PAY COST-OF LIVING ALLOWANCES SIMILAR TO THOSE AUTHORIZED IN SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 FROM TRAVEL FUNDS ARE, IN THE ABSENCE OF ANY LANGUAGE IN SECTION 203 OR THE REGULATIONS ISSUED THEREUNDER MAKING SUCH PAYMENTS MANDATORY, PERMITTED TO PAY EDUCATION ALLOWANCES WHICH, BY THE ACT OF APRIL 5, 1955, WERE INCLUDED IN THE COST-OF-LIVING ALLOWANCES SPECIFIED IN SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946.

TO THE SECRETARY OF STATE, NOVEMBER 16, 1955:

OUR LETTER OF SEPTEMBER 28, 1955, IN REPLY TO YOUR DEPARTMENT'S LETTER OF AUGUST 8, 1955, APPROVED THE RELEASE OF AN AMENDMENT TO THE STANDARDIZED REGULATIONS ( GOVERNMENT CIVILIANS, FOREIGN AREAS) INSOFAR AS THEY PROVIDED FOR THE GRANTING OF AND ACCOUNTING FOR EDUCATION ALLOWANCES BY THE DEPARTMENT OF STATE AND UNITED STATES INFORMATION AGENCY, UNDER SECTION 10 (B) OF THE ACT OF APRIL 5, 1955, PUBLIC LAW 22, 69 STAT. 27, 22 U.S.C. 1131 (2) (IV).

AT THE SAME TIME WE REQUESTED YOUR VIEWS UPON THE QUESTION OF GOVERNMENT- WIDE APPLICATION OF SECTION 10 (B) AND OF THE REGULATIONS. WE ALSO ASKED YOUR OPINION WHETHER THE GRANTING OF EDUCATION ALLOWANCES BY AGENCIES TO WHOM SECTION 10 (B) OF THE ACT APPLIES IS MANDATORY OR PERMISSIVE.

IN RESPONSE TO THESE REQUESTS, YOUR ACTING ASSISTANT SECRETARY 1CONTROLLER, IN HIS LETTER OF NOVEMBER 8, 1955, ADVISED, IN EFFECT, THAT YOUR DEPARTMENT CONSIDERS SECTION 10 (B) OF PUBLIC LAW 22 TO BE APPLICABLE TO ALL AGENCIES HAVING AUTHORITY TO PAY ALLOWANCES SIMILAR TO THOSE AUTHORIZED UNDER SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946, 22 U.S.C. 1132. THEREFORE, THE LETTER CONCLUDES THAT SECTION 10 (B) IS APPLICABLE TO THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS REFERRED TO IN SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT, 1956, 69 STAT. 196.

SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT OF 1956, MAKES FUNDS OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS APPROPRIATED FOR TRAVEL OF EMPLOYEES OR FOR THE EXPENSES OF THE ACTIVITY CONCERNED AVAILABLE FOR COST-OF-LIVING ALLOWANCES SIMILAR TO THOSE ALLOWED UNDER SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946. THE ACTING ASSISTANT SECRETARY POINTS OUT THAT THE LAW WAS ENACTED NEARLY THREE MONTHS SUBSEQUENT TO THE DATE OF APPROVAL OF THE ACT OF APRIL 5, 1955, PUBLIC LAW 22, SECTION 10 (B) OF WHICH AMENDS SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 TO INCLUDE EDUCATION ALLOWANCES. HE FURTHER POINTS OUT THAT THE FACT THAT THE PHRASE "AS AMENDED" WAS NOT USED IN SECTION 203 WHEN REFERRING TO SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 IS NOT MATERIAL, SINCE THE COMMITTEE ON FOREIGN AFFAIRS HAD BEEN ADVISED BY THE DEPARTMENT OF STATE THAT THE EDUCATION ALLOWANCE WOULD HAVE GOVERNMENT-WIDE APPLICATION--- QUESTION AND ANSWER NO. 19, APPEARING IN COMMITTEE DATED FEBRUARY 16, 1955, FOR USE BY COMMITTEE ON FOREIGN AFFAIRS, ENTITLED "MESSAGE AND SUPPORTING MATERIALS SUBMITTED BY THE DEPARTMENT OF STATE IN CONNECTION WITH THE FOREIGN SERVICE ACT OF 1946.'

THE ACTING ASSISTANT SECRETARY-1CONTROLLER SAYS THAT, PRIOR TO THE SUBMISSION TO THE CONGRESS OF THE DRAFT BILL WHICH SUBSEQUENTLY WAS ENACTED AS PUBLIC LAW 22, YOUR DEPARTMENT PRESENTED THE LEGISLATIVE PROPOSAL TO THE BUREAU OF THE BUDGET FOR ADVICE WHETHER SUCH PROPOSAL WAS IN ACCORDANCE WITH THE PROGRAM OF THE PRESIDENT. BY LETTER OF DECEMBER 20, 1954, YOU WERE ADVISED BY THE BUREAU OF THE BUDGET THAT NO OBJECTION WOULD BE MADE TO THE SUBMISSION OF THE PROPOSAL TO THE CONGRESS PROVIDED THE EDUCATION ALLOWANCE PROVISIONS BE MADE APPLICABLE TO ALL EMPLOYEES OF THE GOVERNMENT IN CONFORMITY WITH A SIMILAR PROVISION APPEARING IN A PROPOSED OVERSEAS ALLOWANCE ACT OF 1955. WE ARE ADVISED THAT IT WAS INFORMALLY UNDERSTOOD BETWEEN YOUR DEPARTMENT, THE BUREAU OF THE BUDGET AND THE PRESIDENT'S ADVISOR ON PERSONNEL MANAGEMENT THAT SINCE THE PROVISIONS OF SECTION 901 (2) OF THE FOREIGN SERVICE ACT ARE MADE AVAILABLE ANNUALLY TO OTHER INTERESTED AGENCIES BY REENACTMENT OF APPROPRIATION ACT LANGUAGE, THE INCLUSION OF THE NEW EDUCATION ALLOWANCE PROVISION WOULD BE ACCEPTABLE AS AN INTERIM MEASURE FOR PROVIDING THE NEEDED EDUCATION ALLOWANCE AUTHORITY FOR SUCH INTERESTED AGENCIES. THIS VIEW IS SUBSTANTIATED BY LETTER OF NOVEMBER 3, 1955, FROM THE PRESIDENT'S ADVISOR ON PERSONNEL MANAGEMENT TO YOU.

YOUR DEPARTMENT'S LETTER ALSO ADVISES THAT ON JUNE 15, THE CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON APPROPRIATIONS FOR YOUR DEPARTMENT WAS FURNISHED WITH A COPY OF YOUR CIRCULAR INSTRUCTION DATED APRIL 20, 1955, WHEREIN IT WAS STATED THAT THE EDUCATION ALLOWANCE PROVISIONS OF SECTION 10 (B) OF PUBLIC LAW 22 WOULD BE APPLICABLE TO EMPLOYEES OF OTHER DEPARTMENTS AND AGENCIES UPON REENACTMENT OF APPROPRIATION LANGUAGE SIMILAR TO THAT WHICH SUBSEQUENTLY WAS ENACTED IN SECTION 203 OF PUBLIC LAW 110. FURTHER, IT IS SUGGESTED THAT THE FAILURE OF SOME AGENCIES TO REQUEST ADDITIONAL FUNDS FOR PAYMENT OF THE EDUCATION ALLOWANCE RESULTED FROM THE FACT THAT IN THOSE CASES IT WAS BELIEVED THE COST COULD BE ABSORBED IN CURRENT APPROPRIATIONS.

FOR THE REASONS STATED IN YOUR LETTER, OUR OFFICE CONCURS IN YOUR VIEW THAT THE EDUCATION ALLOWANCE PROVISIONS OF SECTION 10 (B) ARE APPLICABLE TO THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS COVERED BY SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT OF 1956.

THE ACTING ASSISTANT SECRETARY-1CONTROLLER WAS OF THE FURTHER VIEW THAT THE GRANTING OF EDUCATION ALLOWANCES BY THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO WHOM SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT APPLIES IS PERMISSIVE WITH EACH AGENCY. POINTS OUT THAT SECTION 203 MAKES APPROPRIATIONS AVAILABLE FOR COST-OF- LIVING ALLOWANCES SIMILAR TO THOSE ALLOWED UNDER SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 IN ACCORDANCE WITH AND TO THE EXTENT PRESCRIBED BY REGULATIONS OF THE PRESIDENT. THE PRESIDENT DELEGATED THIS AUTHORITY TO THE SECRETARY OF STATE BY EXECUTIVE ORDER NO. 10011, OCTOBER 22, 1948, AS AMENDED BY EXECUTIVE ORDER NO. 10503, DECEMBER 1, 1953. THE REGULATIONS OF YOUR DEPARTMENT--- STANDARDIZED REGULATIONS ( GOVERNMENT CIVILIANS, FOREIGN AREAS/--- ISSUED UNDER THE DELEGATION OF AUTHORITY FROM THE PRESIDENT PROVIDE THAT "WHEN AUTHORIZED BY LAW THE HEAD OF AN AGENCY MAY GRANT COST OF LIVING ALLOWANCES.'

SINCE NEITHER SECTION 203 NOR YOUR REGULATIONS REQUIRE PAYMENT OF COST-OF -LIVING ALLOWANCES (INCLUDING EDUCATION ALLOWANCES) BY THE VARIOUS EXECUTIVE AGENCIES AND INDEPENDENT ESTABLISHMENTS, WE CONCUR IN YOUR DEPARTMENT'S VIEW THAT THE PAYMENT OF SUCH ALLOWANCES IS PERMISSIVE. FOLLOWS THAT THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO WHOM SECTION 203 OF THE GENERAL GOVERNMENT MATTERS APPROPRIATION ACT OF 1956 APPLIES MAY GRANT, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS, EDUCATION ALLOWANCES IN ACCORDANCE WITH THE APPLICABLE REGULATIONS OF YOUR DEPARTMENT.

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