bodies in the work of national defense, to carry out certain functions and activities identified in the act. Insofar as here material, the act contained the following language: not to exceed $100,000 for temporary employment of persons by contract or otherwise without regard to the civil-service laws or the Classification Act of 1923, as amended; * * The Second Supplemental National Defense Appropriation Act, 1941, Public Law 282, approved October 28, 1941, 55 Stat. 747, and the Third Supplemental National Defense Appropriation Act, 1942, Public Law 353, approved December 17, 1941, 55 Stat. 818, appropriated additional funds for the Office for Emergency Management. With certain exceptions not here material, such additional funds were made available "subject to the provisions and limitations" made applicable to the appropriation for the Office for Emergency Management as contained in Public Law 150, supra. Where work can be performed by a department or agency with its own funds and its own facilities as well as it could be performed by another department or agency, funds could not legally be transferred to such other department or agency merely for the purpose of avoiding restrictions imposed upon the transferring agency in the employment of personnel. However, it is apparent from the description of the projects here involved that their execution will require services of a type for which the employees of the Bureau of the Census, by reason of their training for the regular work of the Bureau, are especially qualified. Also, it is understood the equipment used by the Bureau in the performance of its normal functions would be used in the rendition of the services here involved. Furthermore, it appears that much, if not all, of the work here contemplated would be based upon statistical data, already obtained by the Bureau, which is not available elsewhere. Under the circumstances here present, where the necessity for performance of services by another agency is clearly demonstrated, the transferred appropriation would appear to be available, under the above-quoted provisions of the act of May 21, 1920, as amended, for performance of the services in accordance with the employment authority vested in the agency to which the appropriation is transferred, and such has been the view heretofore adopted by the accounting officers. See 15 Comp. Gen. 154, 155, to the effect that the question whether the Classification Act shall govern the salary rates of employees paid from funds properly transferred under the provisions of said act is to be determined by the laws applicable to the agency receiving the funds, rather than by those relating to the transferring agency. There have not been overlooked, in this connection, certain decisions to the effect that funds transferred under the act of May 21, 1920, as amended, supra, remain subject to the limitations and restrictions fixed by the appropriation from which they are transferred. See 21 Comp. Gen. 254; 18 id. 489; 17 id. 900; 16 id. 3. However, such decisions involved cases in which it was sought to employ transferred funds for purposes for which the funds would not have been available in the transferring agency; or where it was sought to use transferred funds to employ personal services when such services could not have been employed (regardless of the method of appointment or the rates of pay) by the transferring agency; or where the transferred funds were directly subject to restrictions regarding the amount expendable therefrom for passenger-carrying automobiles, or for procurements without advertising, etc. What is involved in the instant matter is essentially different, being the accomplishment of certain objects for which the funds of the transferring agency are available and which the agency to which the transfer is made is equipped to accomplish by the use of personnel and equipment it already has or is otherwise authorized to procure. Under such circumstances, the charge to be made by the performing agency against the funds of the agency desiring the services-whether under a reimbursement or advance-of-funds procedure-should be on the basis of the rates of compensation which the performing agency is otherwise authorized by law to pay to its personnel used in the performance of the services. I have to advise, therefore, that the Bureau of the Census may accept transfers of funds from the above-cited appropriations for the Office for Emergency Management for services rendered to that office, notwithstanding such funds will be used by the Bureau to pay employees at rates other than those fixed by the Classification Act. What is said here with respect to the appropriations for the Office for Emergency Management applies equally to the appropriations for the other agencies mentioned above, assuming that the appropriations of those agencies are otherwise available, for the performance within such other agencies, of the services to be rendered by the Bureau. (B-23189) RENTAL AND QUARTERS ALLOWANCE-NAVY OFFICERS AND ENLISTED MEN-DEPENDENTS EVACUATED FROM OR NOT PERMITTED TO GO TO OVERSEAS STATIONS Where dependents of officers and enlisted men of the Navy were ordered evacuated from overseas stations for a cause which has been legislatively recognized as sufficient to justify their evacuation-as distinguished from a mere departmental conclusion that such was required "for the convenience of the Government"-otherwise proper payments of rental allowance or money allowance for quarters, as the case may be, for dependents are authorized, so long as the cause for evacuation continues to exist, from the date subsequent to December 20, 1941, the date of a general evacuation order, that the dependents were required to vacate public quarters, provided existing assignments of public quarters for dependents are terminated. Where officers and enlisted men of the Navy are not permitted to have their dependents accompany them to overseas stations for a cause which has been legislatively recognized as justifying evacuation of dependents from such stations-as distinguished from a mere departmental conclusion that such is required for the "convenience of the Government"-otherwise proper payments of rental allowance or money allowance for quarters, as the case may be, for dependents are authorized, so long as such cause continues to exist, from the date subsequent to December 20, 1941, the date of a general departmental order directing the evacuation of dependents from overseas stations, that the officer or enlisted man arrived at his overseas station, provided public quarters are not in fact occupied by dependents after that date. Assistant Comptroller General Elliott to the Secretary of the Navy, February 5, 1942: There has been received your letter of January 16, 1942, requesting decision on certain questions presented in a letter of January 5, 1942, from the Bureau of Supplies and Accounts, as follows: Subject: Credit of rental allowance and money allowance for quarters for dependents in case of officers on shore duty outside the continental limits of the United States. Reference: (a) Section 6 of the Act of June 10, 1922, as amended by the Act of May 31, 1924. (b) Act of October 17, 1940 (54 Stat. 1205). (c) Article 1819 (4) U. S. Navy Regulations. (d) Decision of the Comptroller General B-15889 dated May 2, 1941 [20 Comp. Gen. 720]. (e) SecNav despatch 201642 December. Enclosure: (A) Copy of AlNav 36. 1. The Secretary of the Navy on December 20, 1941, sent the following despatch to the Commandants, Tenth, Thirteenth, Fourteenth, and Fifteenth Naval Districts, The Governor of Samoa, and the Commanding Officers of the Naval Operating Bases, Bermuda and Argentia: "201642 December Evacuation directed as soon as transportation is available all dependents personnel naval establishment including Coast Guard located outside continental limits United States including Canal Zone and Alaska method procedure outlined in AINav 36." 2. The Comptroller General in decision of May 2, 1941, considered the question of whether officers and enlisted men whose dependents were evacuated by administrative order from the Asiatic Station were entitled to rental allowance and money allowance for quarters, respectively, even though the officers and enlisted men themselves were assigned and occupied public quarters. In this decision the Comptroller General ruled that payments of the allowances for dependents could be made subject to the conditions set forth therein. 3. In view of the general evacuation order contained in despatch of December 20, 1941, and also that dependents of officers and enlisted men ordered to stations outside the continental limits of the United States are not permitted to take their dependents with them, it is requested that a decision be obtained from the Comptroller General on the following questions: (a) Will officers occupying government quarters whose dependents are evacuated from overseas stations for the convenience of the Government be entitled to rental allowance? If so, during what period will this allowance be payable? (b) Will enlisted men of the first three pay grades occupying government quarters whose dependents are evacuated from overseas stations for the convenience of the Government be entitled to money allowance for quarters for dependents? If so, during what period will this allowance be payable? (c) If the answer to (a) or (b) be in the negative is new legislation necessary in order to make the individuals eligible for the payment of rental and quarters allowance for dependents in such cases, or can this be accomplished by a change in Navy Regulations? (d) Will officers with dependents, ordered to shore duty outside the continental limits of the United States, whose dependents are prohibited by administrative orders from accompanying the officers be entitled to rental allowance while occupying government quarters? If so, during what periods will this allowance be payable? (e) Will enlisted men of the first three pay grades ordered to shore duty outside the continental limits of the United States, whose dependents are prohibited by administrative orders from accompanying the men, be entitled to money allowance for quarters for dependents as authorized in the Act of October 17, 1940, even though quarters would be available at the duty station for the dependents? If so, during what period will this allowance be payable? The Naval Appropriation Act, 1942, 55 Stat. 151, 161, contains a provision as follows: That during the fiscal year 1942 the dependents and household effects of such personnel of the Naval Establishment on duty at stations outside the continental limits of the United States, and in Alaska, as may be determined upon by the Secretary of the Navy, may, prior to the issuance of orders for the relief of such personnel from their stations, be moved (including packing and unpacking of household effects) to such locations in continental United States as may be selected by the Secretary of the Navy, by the use of either Government or commercial means of transportation, and later from such locations to the duty stations to which such personnel may be ordered, and current appropriations of the Naval Establishment available for travel and transportation may be used for this purpose. A similar provision with respect to the fiscal year 1941 appears in the Fifth Supplemental National Defense Appropriation Act, 1941, 55 Stat. 123, 129. Under these statutory provisions the dependents and household effects of naval personnel on duty at stations outside the continental limits of the United States may be returned to the continental United States at Government expense during the fiscal years specified, even though the officer or enlisted man may be continued on duty at his overseas station, and notwithstanding that the basic permanent statutory provisions for transportation of dependents and household effects authorize such transportation only upon permanent change of station of the officer or man involved. Thus there is indicated a recognition by the Congress of the probable need for requiring that the dependents of naval personnel return to the continental United States during the existing national emergency. In view of this legislative recognition of the probable need for evacu ating dependents from overseas stations and the discretion vested in the Secretary of the Navy by the cited provisions of the appropriation acts, the order to the effect that all dependents of personnel of the Naval Establishment outside continental United States be returned to the United States was authorized. It should be emphasized that payment of rental allowance, or the money allowance for quarters, for dependents may not be made merely because the dependents are evacuated from overseas stations on a departmental conclusion that it is for the convenience of the Government. However, since the removal of dependents from overseas stations as required by the Secretary of the Navy for a cause recc e Congress as sufficient to justify their removal, it may be considered that while the cause for removal continues to exist there are no public quarters available for dependents at overseas stations, provided all assignments to public quarters for dependents at such stations are terminated. Accordingly, the five questions in the Bureau of Supplies and Accounts letter, supra, are answered as follows: Question (a) Officers occupying Government quarters at overseas stations whose dependents are evacuated from such stations under the conditions specified above may be paid rental allowance as officers with dependents under the terms of section 6 of the act of June 10, 1922, as amended, 37 U. S. C. 10, from the date the dependents were required to vacate public quarters subsequent to December 20, 1941, the date of the evacuation order, providing existing assignments of public quarters for dependents are terminated. Question (b) Other requirements being met, enlisted men of the first three pay grades with dependents may be paid the money allowance in lieu of quarters for dependents as authorized by the act of October 17, 1940, 54 Stat. 1205, and the executive regulations issued thereunder, from the date their dependents are required to vacate public quarters at overesas stations subsequent to December 20, 1941, under the conditions specified above. Question (c) In view of the answers to questions (a) and (b) no answer to this question appears to be necessary. Question (d) If the dependents of an officer are not permitted to accompany him to his shore station outside the continental limits of the United States because of the conditions and the determination specified above, the officer may be paid rental allowance provided for an officer with dependents, other conditions being met, from the date of his arrival at his shore station overseas subsequent to December 20, 1941, provided his dependents have not in fact occupied public quarters after that date. Question (e) If an enlisted man of the first three pay grades is not permitted to have his dependents accompany him to his shore station outside the continental limits of the United States because of the conditions and the determination specified above, as stated above the quarters are not in fact available for the dependents and he may be paid the |