B-116069, NOVEMBER 16, 1953, 33 COMP. GEN. 218
Highlights
WHO WERE NOT IN THE MILITARY SERVICE. ARE ENTITLED TO OTHERWISE PROPER FOREIGN DUTY ALLOWANCES FOR THE MONTH OF JULY. 1953: REFERENCE IS MADE TO THE LETTER OF OCTOBER 20. RESIDENT IN ONE OF THE TERRITORIES OR POSSESSIONS OF THE UNITED STATES WHO IS NOT IN THE MILITARY SERVICE IS ENTITLED TO BE PAID OTHERWISE PROPER FOREIGN DUTY ALLOWANCE FOR THE MONTH OF JULY 1953. AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR ACTIVITIES WHICH WERE CONDUCTED IN THE FISCAL YEAR 1953 AND FOR WHICH APPROPRIATIONS. TO THE EXTENT AND IN THE MANNER WHICH WOULD BE PROVIDED FOR BY SAID H.R. 5969 AS THAT BILL WAS REPORTED TO THE HOUSE ON JUNE 27. OR OTHER FOREIGN DUTY ALLOWANCES OVER AND ABOVE THE AUTHORIZED PAY AND ALLOWANCES FOR COMPARABLE GRADE OR RATING IN THE CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS SERVING OUTSIDE THE TERRITORY OR POSSESSION IN WHICH HE IS RESIDENT. ( ITALICS SUPPLIED.).
B-116069, NOVEMBER 16, 1953, 33 COMP. GEN. 218
ALLOWANCES AND DIFFERENTIALS - RESIDENTS OF PLACE OF EMPLOYMENT - DEFENSE DEPARTMENT APPROPRIATION ACT, 1954 WHILE SECTION 1 (C) OF THE ACT OF JUNE 30, 1953, GAVE STATUTORY RECOGNITION TO THE PROPOSED VERSION OF SECTION 640 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT OF 1954 WHICH BARRED PAYMENT OF TERRITORIAL POST ALLOWANCES TO CITIZENS OF THE UNITED STATES WHO RESIDED IN A TERRITORY OR POSSESSION WHERE EMPLOYED, SECTION 1317 OF THE SUPPLEMENTAL APPROPRIATION ACT OF AUGUST 7, 1953, WHEN CONSIDERED WITH THE FINAL AND ENACTED VERSION OF SECTION 640, REMOVED SUCH RESTRICTIONS ON NON-MILITARY PERSONNEL AS OF JULY 1, 1953, AND THEREFORE UNITED STATES CITIZENS WHO RESIDED IN THE TERRITORIES OR POSSESSIONS WHERE EMPLOYED, BUT WHO WERE NOT IN THE MILITARY SERVICE, ARE ENTITLED TO OTHERWISE PROPER FOREIGN DUTY ALLOWANCES FOR THE MONTH OF JULY, 1953.
COMPTROLLER GENERAL WARREN TO THE SECRETARY OF DEFENSE, NOVEMBER 16, 1953:
REFERENCE IS MADE TO THE LETTER OF OCTOBER 20, 1953, FROM THE ASSISTANT SECRETARY OF DEFENSE, REQUESTING DECISION WHETHER A UNITED STATES CITIZEN, RESIDENT IN ONE OF THE TERRITORIES OR POSSESSIONS OF THE UNITED STATES WHO IS NOT IN THE MILITARY SERVICE IS ENTITLED TO BE PAID OTHERWISE PROPER FOREIGN DUTY ALLOWANCE FOR THE MONTH OF JULY 1953, IN VIEW OF THE CONFLICTING PROVISIONS OF THE RESPECTIVE STATUTES HEREINAFTER NOTED.
SECTION 1 (C) OF THE ACT APPROVED JUNE 30, 1953, PUBLIC LAW 91, 67 STAT. 117, MAKING TEMPORARY APPROPRIATIONS FOR THE FISCAL YEAR 1954, PROVIDES:
(C) SUCH AMOUNTS, REAL PROPERTY (AND THE USE THEREOF), COMMODITIES AND SERVICES, AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR ACTIVITIES WHICH WERE CONDUCTED IN THE FISCAL YEAR 1953 AND FOR WHICH APPROPRIATIONS, FUNDS, OR OTHER AUTHORITY WOULD BE MADE AVAILABLE IN THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954 ( H.R. 5969), TO THE EXTENT AND IN THE MANNER WHICH WOULD BE PROVIDED FOR BY SAID H.R. 5969 AS THAT BILL WAS REPORTED TO THE HOUSE ON JUNE 27, 1953.
SECTION 640 OF H.R. 5969 AS REPORTED TO THE HOUSE OF REPRESENTATIVES JUNE 27, 1953, PROVIDED AS FOLLOWS:
SEC. 640. NO PART OF THE FUNDS APPROPRIATED IN THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR THE PAYMENT TO ANY UNITED STATES CITIZEN RESIDENT IN ONE OF ITS TERRITORIES OR POSSESSIONS, OF ANY STATION, SUBSISTENCE, QUARTERS, OR OTHER FOREIGN DUTY ALLOWANCES OVER AND ABOVE THE AUTHORIZED PAY AND ALLOWANCES FOR COMPARABLE GRADE OR RATING IN THE CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS SERVING OUTSIDE THE TERRITORY OR POSSESSION IN WHICH HE IS RESIDENT. ( ITALICS SUPPLIED.)
HOWEVER SECTION 640 OF H.R. 5969, AS FINALLY APPROVED AUGUST 1, 1953, PUBLIC LAW 179, 67 STAT. 336, IS WORDED AS FOLLOWS:
SEC. 640. NO PART OF THE FUNDS APPROPRIATED IN THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR THE PAYMENT TO ANY PERSON IN THE MILITARY SERVICE WHO IS RESIDENT OF A UNITED STATES TERRITORY OR POSSESSION, OF ANY FOREIGN DUTY ALLOWANCES ABOVE THE AUTHORIZED ALLOWANCES FOR COMPARABLE RATING IN THE CONTINENTAL UNITED STATES UNLESS SUCH PERSON IS SERVING IN AN AREA OUTSIDE THE TERRITORY OR POSSESSION OF WHICH HE IS A RESIDENT. ( ITALICS SUPPLIED.)
THIS WAS FOLLOWED BY A SUPPLEMENTAL APPROPRIATION ACT OF AUGUST 7, 1953, PUBLIC LAW 207, 67 STAT. 418, SECTION 1317 OF WHICH PROVIDES:
SEC. 1317. THE APPROPRIATIONS, AUTHORIZATIONS, AND AUTHORITY WITH RESPECT THERETO IN THIS ACT OR ANY REGULAR ANNUAL APPROPRIATION ACT FOR THE FISCAL YEAR 1954 WHICH HAS NOT BEEN ENACTED INTO LAW PRIOR TO JULY 1, 1953, SHALL BE AVAILABLE FROM AND INCLUDING SUCH DATE FOR THE PURPOSES RESPECTIVELY PROVIDED IN SUCH APPROPRIATIONS, AUTHORIZATIONS, AND AUTHORITY. ALL OBLIGATIONS INCURRED DURING THE PERIOD BETWEEN JUNE 30, 1953 AND THE DATE OF ENACTMENT OF THIS ACT OR THE APPLICABLE ACT IN ANTICIPATION OF SUCH APPROPRIATIONS, AUTHORIZATIONS, AND AUTHORITY ARE HEREBY RATIFIED AND CONFIRMED IF IN ACCORDANCE WITH THE RESPECTIVE TERMS THEREOF.
IT IS EVIDENT THAT DURING THE MONTH OF JULY 1953 THE ONLY STATUTORY AUTHORITY PERTINENT TO THE QUESTION PRESENTED WAS PUBLIC LAW 91 WHICH IN EFFECT GAVE STATUTORY RECOGNITION TO THE PROVISIONS OF SECTION 640 OF H.R. 5969 AS REPORTED TO THE HOUSE OF REPRESENTATIVES JUNE 27, 1953, AND WHICH AS THEN WORDED BARRED PAYMENT OF THE TERRITORIAL POST ALLOWANCES TO ALL CITIZENS OF THE UNITED STATES RESIDENT IN THE TERRITORY OR POSSESSION IN WHICH EMPLOYED.
HOWEVER, SECTION 1317 OF PUBLIC LAW 207 ABOVE, WHEN CONSIDERED IN CONNECTION WITH THE FINAL DRAFT OF H.R. 5969 AS ENACTED AUGUST 1, 1953, PUBLIC LAW 179, IN EFFECT REMOVED THE PROHIBITION IN QUESTION AS OF JULY 1, 1953, EXCEPT AS TO MILITARY PERSONNEL. ACCORDINGLY, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO PAYMENTS OF TERRITORIAL ALLOWANCES, IN OTHERWISE PROPER CASES, TO CITIZENS OF THE UNITED STATES, OTHER THAN THOSE IN THE MILITARY SERVICE, BEGINNING JULY 1, 1953.