a

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ALLOTMENT AND ADVANCEMENT OF PAY TO

74 CIVILIAN EMPLOYEES OF THE UNITED STATES

o R4-/lo IN EMERGENCY EVACUATIONS

gover nment

Storage HEARING

= BEFORE THE

■| COMMITTEE ON

■I OFFICE AND CIVIL SERVICE

g|fSE OF REPRESENTATIVES

3^ EIGHTY-SEVENTH CONGRESS =

FIRST SESSION

ON

H.R. 2464 and H.R. 2555

BILLS TO PROVIDE FOR ALLOTMENT AND ADVANCEMENT OF

PAY WITH RESPECT TO CIVILIAN EMPLOYEES OF THE UNITED

STATES IN CASES OF EMERGENCY EVACUATIONS IN OVERSEA

AREAS, AND FOR OTHER PURPOSES

APRIL 13, 1961

Printed for the use of the Committee on Post Office and Civil Service

XyE

REFERENCE

5 LIBRARYDEPARTMENT

68430 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1961
COMMITTEE ON POST OFFICE AND CIVIL SERVICE

TOM MURRAY, Tennessee, Chairman

JAMES H. MORRISON, Louisiana

JAMES C. DAVIS, Georgia

JOHN LESINSKI, Michigan

KATHRYN E. GRANAHAN, Pennsylvania

THADDEUS J. DULSKI, New York

DAVID N. HENDERSON, North Carolina

ARNOLD OLSEN, Montana

JOSEPH P. ADDABBO, New York

RICHARD H. ICHORD, Missouri

G. ELLIOTT HAGAN, Georgia

ROBERT J. CORBETT, Pennsylvania

II. R. GROSS, Iowa

JOEL T. BROYHILL, Virginia

AUGUST E. JOHANSEN, Michigan

GLENN CUNNINGHAM, Nebraska

GEORGE M. WALLHAUSER, New Jersey

ROBERT R. BARRY, New York

KATHARINE ST. GEORGE, New York

JOHN H. ROUSSELOT, California

EDWARD J. DERWINSKI, Illinois

Sub co mmitt ee Appoi nt ed To Con sid er H.R. 2464 an d H.R. 2555

JAMES H. MORRISON, Louisiana, Chairman

THADDEUS J. DULSKI, New York

RICHARD H. ICHORD, Missouri

G, ELLIOTT HAGAN, Georgia

JOEL T. BROYHILL, Virginia

AUGUST E. JOHANSEN, Michigan

JOHN H. ROUSSELOT, California
CONTENTS

Statement of—■ Page

Barclay, F. H., Jr., attorney, Office of the General Counsel, General

Accounting Office, accompanied by C. Edward Eckert, legislative

attorney, Office of the General Counsel_________________ _ 33

Hochreiter, Joseph P., Deputy Director of Civilian Personnel, Department of the Air Force; accompanied by Mrs. Ann C. Laws, Directorate of Accounting and Finance; Ellsworth Wolfsperger, Chief of

the International Division, Directorate of Civilian Personnel

Department of the Army; L. W. Walters, Head of the EmployeeManagement Relations Branch, Office of Industrial Relations; and

Russell V. Hager, Office of the Controller, Department of the Navy. 5

in

ALLOTMENT AND ADVANCEMENT OF PAY TO CIVILIAN

EMPLOYEES OF THE UNITED STATES IN EMERGENCY

EVACUATIONS

THURSDAY, APRIL 13, 1961

House of Repres entati ves ,

Subcomm ittee of the

Committe e on Post Off ice and Civi l Servi ce ,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 215,

House Office Building, Hon. James H. Morrison, presiding.

Mr. Morris on . The meeting will come to order.

We will take testimony on H.R. 2555 and 2464. This subcommittee

was appointed to consider these bills, which were introduced by Mr.

Murray, chairman of the House Post Office and Civil Service Committee, and Mr. Corbett, ranking minority member, as a result of an

official recommendation of the Department of Defense. (See p. 7.)

(H.R. 2555, identical with H.R. 2464, follows:)

[H.R. 2555, 87th Cong., 1st sess.]

A BILL To provide for allotment and advancement of pay with respect to civilian employees of the United

States in cases of emergency evacuations in oversea areas, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress asseubled, That, for the purposes of this Act, the term—

(1) “department” means—

(A) each executive department of the Government of the United

States;

(B) each agency or independent establishment in the executive branch

of such Government;

(C) each corporation wholly owned or controlled by such Government;

and

(D) the General Accounting Office.

(2) “employee” means an individual—

(A) (i) who is a citizen of, or owes permanent allegiance to, the United

States of America; and

(ii) who is assigned to duty at post outside the United States, or at

such other place as the President may designate; or

(B) (i) who is not a citizen of, or does not owe permanent allegiance to,

the United States of America;

(ii) who is assigned to duty at a post outside the United States, or

at such other place as the President may designate; and

(iii) who was recruited, under an agreement providing for the return

transportation of such employee to the country from which he was

recruited, for such employment outside of the country in which such

employment is performed.

(3) “United States”, when used in a geographical sense, means the several

States of the United States of America and the District of Columbia.

Sec . 2. Subject to regulations to be prescribed by or under authority of the

President, the head of each department is authorized to provide, with respect to

each employee under the jurisdiction of such department head, for the allotment

by such employee of amounts out of his compensation for the support of his

1
2 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

dependents or for any other purpose deemed appropriate by such department head,

if the evacuation of such employee or his dependents from a place outside the

United States, or such other place as the President may designate, is ordered for

military reasons or to protect the health or safety of such employee or dependents.

Sec . 3. (a) Subject to regulations to be prescribed by or under authority of the

President, the head of each department is authorized—

(1) to provide for the payment, in advance, of compensation, allowances,

and differentials, covering a period of not more than thirty days, to any

employee under his jurisdiction, if the evacuation of such employee or his

dependents from a place outside the United States, or such other place as

the President may designate, is ordered for any reason specified in section 2

of this Act, such payment to be at the rate to which such employee was

entitled immediately prior to evacuation, and

(2) to provide for the payment, at such rate, until such time as such payment is terminated by such department heAd, of compensation, allowances,

and differentials to any such employee so evacuated who is prevented, by

circumstances beyond his control and beyond the control of the Government

of the United States, from performing the duties of the position which he held

immediately prior to such evacuation.

(b) Any advance of funds under subparagraph (1) of subsection (a) of this

section shall be recoverable by the Government of the United States from such

employee or his estate—

(1) by setoff against accrued salary, pay, compensation, amount of retirement credit, or other amount due such employee from the Government

of the United States, and

(2) by such other method as may be provided by law for the recovery of

amounts owing to such Government.

The head of the department concerned is authorized, in accordance with regulations prescribed by or under authority of the President, to waive in whole or in

part any right of recovery under this subsection, if it is shown that such recovery

would be against equity and good conscience or against the public interest.

Sec . 4. The employment status of an employee (including, but not limited to,

his insurance, leave, retirement, and other employment benefits) shall not be

affected by the operation of this Act or by any evacuation effected for any reason

specified in section 2 of this Act.

Mr. Mor ri sox . The general purpose of these proposals is to grant

the President of the United States permissive authority to provide for

the payment of compensation or allowances for Federal civilian personnel in the event an emergency evacuation is ordered for military

reason or for protection of the employees or their dependents.

The original proposal on this subject was submitted by the Department of Defense in February 1959. The significance attached to the

problem has prompted the Department of Defense, with the concurrence of the General Accounting Office, to establish procedures providing for such payments in the event of an emergency evacuation,

pending congressional consideration of authorizing legislation. The

proposals now before our subcommittee would provide such authorization . Because of the very complex problems involved, there have been

numerous staff conferences during the past 2 years in an attempt to

find the best possible legislative authorization. As a matter of fact,

the proposal submitted this year by the Department of Defense is a

redraft of the original 1959 proposal. The matter has been reviewed

again with representatives of the Department of the Air Force, the

Civil Service Commission, and the General Accounting Office, and it

was felt that certain additional technical changes were necessary.

A new draft, which was printed as a committee print, was prepared

after this review.

The new language in the committee print of April 6, 1961, will be

inserted in the record at this point.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 3

(The new language follows:)

That, for the purposes of this Act, the term—

(1) "department” means—

(A) each executive department of the Government of the United

States of America;

(B) each agency or independent establishment in the executive

branch of such Government;

(C) each corporation wholly owned or controlled by such Government; and

(D) the General Accounting Office.

(2) "United States”, when used in a geographical sense, means the several

States of the United States of America and the District of Columbia.

Sec . 2. (a) Subject to regulations prescribed by or under authority of the

President, the head of each department is authorized to provide for the payment,

in advance, of compensation, allowances, and differentials, or any of them, covering a period of not more than thirty days, to or for the account of each employee

of such department (or, under emergency circumstances and on a reimbursable

basis, an employee of any other department) whose evacuation (or that of his 

dependents or immediate family, as applicable) from a place within or outside the

United States is ordered for military reasons or for the protection of the health or

safety of such employee or of such dependents or immediate family.

(b) Subject to adjustment of the account of such employee in accordance with

section 4 of this Act and other applicable law, such advance payment of compensation, allowances, and differentials shall be at rates then currently authorized

with respect to such employee, on the date such advance payment is made, under

procedures of such department governing advance payments under this subsection;

but such rates so authorized shall not exceed the rates to which such employee

was entitled immediately prior to the issuance of such order of evacuation.

(c) An advance of funds under subsection (a) of this section shall be recoverable

by the Government of the United States from such employee of his estate—

(1) by setoff against accrued compensation, amount of retirement credit,

or other amount due such employee from the Government of the United

States, and

(2) by such other method as may be provided by law.

(d) The head of the department concerned is authorized, in accordance with

regulations prescribed by or under authority of the President, to waive in whole

or in part any right of recovery of an advance of funds under subsection (a) of this

section, if it is shown that such recovery would be against equity and good conscience or against the public interest.

Sec . 3. (a) Subject to regulations prescribed by or under authority of the

President, the head of each department is authorized—

(1) to provide for the payment of monetary amounts, covering a period

of not more than six months, to or for the account of each employee of such

department (or, under emergency circumstances and on a reimbursable basis,

an employee of any other department)—

(A) w’hose evacuation from a place within or outside the United States

is ordered for military reasons or for the protection of the health or safety

of the employee, and

(B) who is prevented, by circumstances beyond his control and beyond

the control of the Government of the United States, from performing the

duties of the position which he held immediately prior to the issuance of

such order of evacuation; and '

(2) to provide for the termination of payment of such amounts.

(b) Subject to adjustment of the account of such employee in accordance with

section 4 of this Act and other applicable law, each payment under this section

shall be at rates of compensation, allowances, and differentials, or any of them,

then currently authorized with respect to such employee, on the date such payment

is made, under procedures of such department governing payments under this

section; but such rates so authorized shall not exceed the rates to which such

employee was entitled immediately prior to the issuance of the order of evacuation.

(c) Each period for which payment of amounts may be made under this section

to or for the account of an employee shall be held and considered, for all purpose

with respect to such employee, as a period of active service (without breaK' 1

service) rendered by such employee in the employment of the Govt^nment of th

United States. * /

^EWCE

$

de pa rt ment A
4 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

Sec . 4. Subject to regulations prescribed by or under authority of the President,

the head of each department—

(1) shall provide for the review of the account of each employee of such

department in receipt of payments in accordance with section 2 or 3, or

both, as the case may be, of this Act, and

(2) shall provide for the adjustment of the amounts of such payments on

the basis of the rates of compensation, allowances, and differentials to which

such employee would have been entitled, under applicable law other than

this Act, for the respective periods covered by such payments, if he had

rendered active service, in accordance with the terms of his appointment,

during each such period in the position which he held immediately prior to

the issuance of the applicable order of evacuation.

Sec . 5. Subject to regulations prescribed by or under authority of the President, the head of each department is authorized to establish procedures under

which each employee of such department is permitted to make allotments of

amounts out of his compensation for such purpose as such department head

deems appropriate.

Sec . 6. (a) To the extent practicable in the public interest, the President shall

coordinate the policies and procedures of the respective departments under this

Act.

(b) The President shall prescribe and issue, or provide for the formulation and

issuance of, such regulations as are necessary and appropriate to carry out the

provisions and accomplish the purposes of this Act. Such regulations shall be 

issued on or before the ninetieth day following the date of enactment of this Act

and shall become effective on the ninetieth day following the date of issuance.

(c) The head of each department is authorized to prescribe and issue such

regulations as are necessary and appropriate to carry out his functions under

this Act.

Sec . 7. Notwithstanding any provision of this Act or the repeal or amendment

thereby of any provision of law, and until such time as regulations prescribed by

or under authority of the President are issued under section 6(b) of this Act and

become effective, allotments and assignments of pay may be made in accordance

with such provisions of law so amended or repealed and the regulations issued

thereunder; and such regulations may be amended or revoked in accordance with

such provisions of law.

Sec . 8. Funds available to each department for payment of compensation,

allowances, and differentials to or for the accounts of civilian officers and employees of such department also shall be available for payment of compensation,

allowances, and differentials to or for the accounts of employees of any other

department in accordance with this Act and on a reimbursable basis.

Sec . 9. (a) The following provisions of law are hereby repealed:

(1) The Joint Resolution entitled “Joint Resolution authorizing assignment of pay of teachers and other employees of the Bureau of Education in

Alaska”, approved March 21, 1906 (34 Stat. 824; 48 U.S.C. 171);

(2) The second paragraph under the center heading “misc el lan eou s ” and

under the side heading “Paper Tests” in the Act entitled “An Act making

appropriations for the Department of Agriculture for the fiscal year ending

June thirtieth, nineteen hundred and ten”, approved March 4, 1909 (35

Stat. 1057; 5 U.S.C. 529), which reads as follows:

“And hereafter the Secretary of Agriculture is authorized to permit employees

of the Department of Agriculture to make assignments of their pay, under such

regulations as he may prescribe, during such time as they may be in the employ

of the said department.”;

(3) The proviso contained in the second paragraph under the center

heading “DEPARTMENT OF COMMERCE AND LABOR” and under

the side heading “Office of the Secretary” in the Act entitled “An Act

making appropriations for the legislative, executive, and judicial expenses

of the Government for the fiscal year ending June thirtieth, nineteen hundred

and eleven, and for other purposes”, approved June 17, 1910 (36 Stat. 524;

5 U.S.C. 595), which reads as follows: “Provided, That the Secretary of

Commerce and Labor is hereby authorized, under such regulations as he

may prescribe, to permit officers and employees of the several bureaus and

divisions of the Department of Commerce and Labor to assign their salaries

while absent from Washington, District of Columbia, and employed in the

field”; and

(4) The Act entitled “An Act authorizing allotment of pay by civilian personnel stationed abroad”, approved May 14, 1937 (50 Stat. 166; 5 U.S.C. 75c).
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 5

(b) Section 3689(d) of title 10 of the United States Code is amended—

(1) by inserting the word “or” immediately following the semicolon at

the end of clause (1);

(2) by striking out the word “or” immediately following the semicolon at

the end of clause (2); and

(3) by striking out clause (3) which reads:

“(3) permanent civilian employee of the Department of the Army on

duty outside the United States;”

(c) Section 8689(d) of title 10 of the United States Code is amended—

(1) by inserting the word “or” immediately following the semicolon at

the end of clause (1);

(2) by striking out the word “or” immediately following the semicolon at

the end of clause (2); and

(3) by striking out clause (3) which reads:

“(3) permanent civilian employee of the Department of the Air Force on

duty outside the United States;”.

Mr. Morris on . We have representatives here today from the

Department of the Air Force, which has been designated to speak

for the administration, and from the General Accounting Office. It

will be helpful to the subcommittee if the witnesses would discuss the

provisions of the committee print as a part of their testimony.

We will hear first from the Department of the Air Force. The first

witness is Mr. Joseph Hochreiter.

STATEMENT OF JOSEPH P. HOCHREITER, DEPUTY DIRECTOR OF

CIVILIAN PERSONNEL, DEPARTMENT OF THE AIR FORCE,

ACCOMPANIED BY MRS. ANN C. LAWS, DIRECTORATE OF

ACCOUNTING AND FINANCE; ELLSWORTH WOLFSPERGER,

CHIEF OF THE INTERNATIONAL DIVISION, DIRECTORATE OF

CIVILIAN PERSONNEL, DEPARTMENT OF THE ARMY; L. W.

WALTERS, HEAD OF THE EMPLOYEE-MANAGEMENT RELATIONS

BRANCH, OFFICE OF INDUSTRIAL RELATIONS, AND RUSSELL

V. HAGER, OFFICE OF THE CONTROLLER, DEPARTMENT OF THE

NAVY

Mr. Morris on . I understand you will have with you the representatives of the Department of the Army and Department of the

Navy.

Mr. Hochre ite r . Yes, sir.

Mr. Morrison . Will you proceed?

Mr. Hochreiter . Mr. Chairman and members of the subcommittee. I am Joseph P. Hochreiter, Deputy Director of Civilian

Personnel, Headquarters, U.S. Air Force, and I have with me representatives from the other military departments. Specifically, on my

left, Mr. L. W. Walters, Head of Employee-Management Relations

Branch, Office of Industrial Relations, Department of the Navy;

Mr. Russell V. Hager, Office of the Controller, Navy.

On my right, Mr. Wolfsperger, Chief, International Division,

Directorate of Civilian Personnel of the Army, and Mrs. Ann C. Laws,

Directorate of Accounting and Finance, Controller of the Air Force.

My statement is in the blue book you have before you.

The proposed legislation, as set out by the new language of Committee Print No. 1, dated April 6, 1961, would provide permissive 

authority, subject to Presidential regulations, to the heads of Government Departments, agencies, and establishments to allow civilian

68430 0—61------2
6 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

employees to draw up to 30 days advance pay under certain specified

emergency conditions. It would also provide for the continuance of

pay for a period not to exceed 6 months of such civilian employees if

they were ordered to evacuate their places of duty under the specified

conditions. Furthermore, it would authorize employees to make

allotments out of their compensation for those purposes considered

appropriate by department heads.

The Comptroller General of the United States authorized the Department of Defense to install a detailed procedural evacuation payment plan developed by that Department. The plan provides for

the continued payment of evacuated oversea employees not to exceed

6 months and for allotments of pay to dependents of such employees

who are located with them at their duty stations. In his approval,

by letter B-61937, February 5, 1957, the Comptroller General stateci

that he was not aware of any special authority for the Department of

Defense, or general statutory authority for the various departments

and establishments of the Government, to continue salary payments

to civilian employees who have been evacuated * * * and who,

because of such evacuation, are not performing official duties.

He also stated he, however, would not object to the use of the then

proposed Defense Department procedures and forms pending congressional consideration of authorizing legislation. He agreed, however, that the establishment of procedures for the payment of pay and

allowances to employees and to previously designated dependents * * * where such persons are ordered evacuated * * * is

desirable and that the proposed procedures would provide a practical

solution to a difficult operating problem.

Under the legislative authority to be established by enactment of

H.R. 2555, the procedures installed by the Department of Defense

will be revised to include authority for advance of pay not to exceed

30 days and will be made permanent.

It is considered necessary that such a program be authorized to

insure that these particular civilian employees of the Government

and their families will not be placed in extreme financial difficulties if,

for emergency reasons, they should be required to evacuate the area

in which they are assigned for duty.

The benefits to evacuated employees and their dependents to be

provided by this legislation and its implementing programs, are

obvious. The benefits to the U.S. Government include the elimination of a requirement for duplicate civilian payroll records at alternate

sites; a media for reconstruction of an employee’s pay account in the

event the records of his employing installation are destroyed; the

assured productivity of employees not evacuated because they would

know that the financial welfare of their evacuated dependents has been

provided; and provision for auditable records on all payments made

to civilian employees.

Although sponsored by the Department of Defense, this legislation is so written as to be applicable to all Federal employees of the

executive department and the General Accounting Office.

This bill, as it is now worded in Committee Print No. 1, is somewhat broader in its coverage than the Department of Defense proposal

submitted to Congress. With one exception, the Department of

Defense has no objection to this broader coverage should the bill be

enacted as written. This exception relates to the provisions of
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 7

section 5 of the committee print which would authorize the establishment of new allotment procedures for the pay of civilian employees

of the Government. After consultation with the Bureau of the

Budget, it appears that these provisions present questions affecting

a number of departments which cannot be satisfactorily resolved

within the time available.

Accordingly, the Department of Defense recommends either that

the original provisions carried in section 2 of the bill be substituted

for the provisions of section 5 and related portions of section 9 or

that action be deferred pending further study.

Thank you for the opportunity to give you our views on this

subject. Please ask any questions you may have. I will attempt

or my colleagues with me will attempt to answer any questions you

may have.

Mr. Morris on . Mr. Ichord, anv questions?

Mr. Ichord . The Department of Defense has had an evacuation

payment plan in operation?

Mr. Hochre iter . We have, sir. It has been an administrative

plan approved by the Comptroller General. However, that plan

cannot, since we have no statutory authority, provide for an advance

payment.

Mr. Ichord . But that authority, the existing authority, only

applied to the Department of Defense?

Mr. Hochreit er . That is right.

Mr. Ichord . This bill will cover all agencies?

Mr. Hochreiter . This bill will cover all of the executive departments and the General Accounting Office.

Mr. Ichord . Thank you, Mr. Chairman.

Mr. Morris on . Before we have any other questions, let the record

show that in addition to Mr. Hochreiter’s testimony that all the

documents attached thereto be made a part of his testimony.

(The documents referred to are as follows:)

Depa rt men t of Defe nse Proposal To Aut ho ri ze Emerg enc y Pay

Pro ce dur es for Civ il ia n Empl oye es in Case of Eva cu at io ns

summar y ex pla na ti on

Extreme financial difficulties may be the lot of the families of Government

employees abroad in cases of emergency evacuation of civilians from troubled

areas unless authority is granted for allotment of pay and advances of pay of the

employees for their families and themselves.

This legislative proposal of the Department of the Air Force, on behalf of the

Department of Defense, is designed to ease these difficulties.

The Department of Defense has already established pay procedures to use in

case of such emergency evacuations. (See pp. 10-26.) The Comptroller

General of the United States has stated that he will not object to these procedures

pending congressional consideration of authorizing legislation. (See p. 26.)

Depa rt men t of the Air For ce ,

Offic e of th e Sec re tar y ,

Washington, January 3, 1961.

Hon. Sam Ray bu rn ,

Speaker of the House of Representatives.

Dear Mr . Spea ke r : There is forwarded herewith a draft of legislation to

provide for allotment and advancement of pay with respect to civilian employees

of the United States in cases of emergency evacuations from certain areas, and for

other purposes.
8 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

This proposal is a part of the Department of Defense legislative program for

1961 and the Bureau of the Budget has advised by letter dated December 23, 1960,

that it has no objection to its submission to the Congress. The Department of the

Air Force has been designated as the representative of the Department of Defense

for this legislation. It is recommended that this proposal be enacted by the

Congress.

PURPOSE OF THE LEGISLATION

The purpose of this proposed legislation is to provide permissive authority to

the heads of Government departments, agencies and establishments to allow

civilians employed on duty at places outside the United States, or at such other

places as the President may designate, to, under specified emergency conditions,

make allotments from their pay for the support of their families or for other purposes that are considered proper, and to draw up to 30 days’ advance pay. It

would also provide for the continuance of pay of such civilian employees if they

are required to evacuate their overseas places of duty under the specified conditions.

It is considered a necessity that a program be developed to insure that these

particular civilian employees of the Government and their families will not be

placed in extreme financial difficulties, if for emergency reasons, they should be

required to evacuate the area in which they are assigned for duty. Under the

authority to be established by enactment of this proposal, it will be possible for

department and agency heads to implement programs for these employees which

will provide substantially for the following: (1) supplying each such civilian officer

or employee with a mobile, pocket-size pay data card which will authorize him to

receive pay from any U.S. disbursing officer at locations other than his place of

employment if he is required to evacuate that place of employment under specified

emergency conditions; (2) permitting each such officer or employee to designate

adult members of his family, or other adult persons acting in his behalf, to receive,

under certain circumstances, payment of a portion of his pay in the event they are

required to evacuate under the same emergency conditions; and (3) supplying

each such designated person with an emergency payment record card which that

person may use to draw an allotment in an amount specified thereon from any

U.S. disbursing officer in the event he becomes separated from his sponsor during

the evacuation or in the event be is required to evacuate without his sponsor.

This program contemplates that the necessary pay data pard will contain emergency standby evacuation travel orders as an integral part of the card. The

officer or employee and his designee would thus have, at all times, in their possession authorizations which would automatically become effective if an evacuation

from the place of duty were ordered.

In addition, this proposal would establish authority for evacuated civilian officers and employees to draw advances of pay not to exceed 30 days. It is recognized that because of the relatively slight degree of control over the continued

employment of civilian officers and employees, authority to draw advance pay

under normal conditions has not ordinarily been granted. However, under emergency conditions such authority may well constitute the only means by which a 

Government civilian officer or employee could supply his family immediately with

funds to defray their essential expenses during an evacuation.

It is contemplated that implementing directives will establish controls over the

length of time payments may be continued. For example, assignment to a new

duty station, abandonment of position, transfer to the retirement roll's, death, or

a finding that the employee is within the purview of the Missing Persons Act,

would be cause for immediate stoppage of the payments authorized by section

3(a)(2) of the proposal. It is expectedithat normally within a 6-month period the

employee would be returned to his assigned station or reassigned, at which time

normal pay procedures and allotments/ would be reestablished.

It should be noted that while this proposal is sponsored by the Department of

Defense, it is so written as to be applicable to and may well be of value to other

agencies of the Government. In short, enactment of this proposal coupled with

implementation by all agencies concerned of a program such as described above

would provide, for areas outside the United States or for such other places as the

President may designate, a complete emergency payment system comprised of

standby evacuation orders and emergency payment cards for civilian officers and

employees of the Government and their allottees.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 9

COST AND BUDGET DATA

It is not possible to estimate the additional costs which may result from the

enactment of the proposed legislation. It is conceivable that unforeseen conditions during an actual evacuation may result in additional costs to the Government. The administrative costs involved in implementing the emergency evacuation payment plan, which would be made possible through the enactment of the

proposed legislation, are insignificant and will be absorbed in applicable appropriations.

Sincerely yours,

Dudl ey C. Sha rp ,

Secretary of the Air Force.

Depa rt men t of th e Air For ce ,

Offic e of th e Sec re ta ry ,

Washington, March 20, 1961.

Hon . Tom Mur ra y ,

Chairman, Committee on Post Office and Civil Service,

House of Representatives.

Dea r Mr . Chai rman : Reference Department of the Air Force communication

to the Speaker of the House, dated January 3, 1961, forwarding a legislative proposal of the Department of Defense, to provide for allotment and advancement

of pay with respect to civilian employees of the United States in cases of emergency evacuations from certain areas, and for other purposes.

On March 2, 1961, the Bureau of the Budget advised that from the standpoint

of the present administration’s program, there is no objection to the submission

of this proposal for the consideration of the Congress.

Sincerely,

Euge ne M. Zuc ke rt ,

Secretary of the Air Force.
10 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

1 July 1960 AFM 177-104

Part Six

EMERGENCY PAYMENTS FOR EVACUATED CIVILIAN EMPLOYEES AND

THEIR DEPENDENTS

Chapter 1. General

Policy '

Application of Procedures

Specialized Terms

Issuance of Emergency Cards

Chapter 2. Administrative Procedures

Initial Action at Horne Station

Employee Without Adult Dependent

Employe with More Than Two Adult Dependents

Review of DI.) Forms 1203 and 1204

Employee's Desired Changes

Employee Transfer or Termination

Lost, Stolen, Mutilated or Destroyed Emergency Card

J’araprapAs

60101—60104

60101

60102

60103

60104

60201—60207

60201

60202

60203

60204

60205

60206

60207

Chapter 3, Actions During Evacuation 60301—60311

Evacuated Employee Payroll Records 60301

Evacuation Station Actions 60302

Payment Authority 60303

Amount of Payment 60304

Making and Recording Payments 60305

Relocating Employee and Dependents 60306

Employee Placed on Roils of Another Air Force Base 60307

Employee Returned to Employing Base 60308

Employee in Official Missing Status 60300

Disposition of DD Forms 1203 and 1204 60310

Cross-Disbursing Agreements 60311

ILLUSTRATIONS

Figure Paragraph

6-1. Authorization and Consent Agreement 60201

6-2. Employee Emergency Payroll Card (Front and Back) 60201

6-3. Civilian Dependent Emergency Payment Record Card (Front and

Back) .. 60201

6-4. Casual Payment Receipts 60305
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 11

1 July 1960 ATM 177-104

60101

Part Six

EMERGENCY PAYMENTS FOR EVACUATED CIVILIAN

EMPLOYEES AND THEIR DEPENDENTS

Chapter 1

GENERAL

60101. Policy

Pending Congressional consideration of

authorizing legislation, a civilian employee

in an evacuation status will continue to be

paid at the rate to which he was entitled at

the time of evacuation regardless of whether

duties are performed. This will apply to

employees overseas and in the states of 

Alaska and Hawaii who, by reason of emergency conditions at their assigned duty station, temporary duty station, or leave point

cannot return to or reach their assigned duty

station. Payment will be made until the employee is returned to his employing base or 

assigned to a new duty station but not for

a period of more than six months. Oversea

employees may authorize allotments from

their pay for direct payment to their dependents or designated representative while

dependents are in an evacuation status.

60102. Application of Procedures

This part of the manual is applicable to

Air Force bases located outside of the 48"

adjoining states and the District of Columbia. However, the procedures outlined in

chapter 3, this part, are applicable to all Air

Force bases, world-wide, effective upon ordered evacuation by proper authority for

military or other reasons which create imminent danger to life. These procedures will

cease to apply to an employee and his dependents or designated representatives when

the employee is determined to be covered by

the provisions of the Missing Persons Act

(see paragraph 50206).

60103. Specialized Terms

For the purpose of this part of the manual

the following specialized terms will apply:

a. Employee. Civilian employee of the Department of Defense who is a United States

citizen or United States national and who is

assigned for duty at a base outside of the 48

adjoining states and the District of Columbia; or a civilan employee who is not a citizen or national of the country in which employed and who was recruited outside of the

country in which employed under a transportation agreement which provides for return transportation to the country from

which recruited.

b. Adult Dependents. Wives, children over

sixteen years of age, and relatives over sixteen years of age who are dependent upon

the employee for support and residing with

the employee.

c. Designated Representative. An adult

dependent of a fellow employee or military

member designated by an employee not having an adult dependent, but having minor

dependent children, to receive funds for the

care of such minor dependents (see paragraph 60202).
12 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177-104

60104.

1 July 1960

60104. Issuance of Emergency Cards

The supervisor of the civilian pay area will

program the issuance and review of DO

Form 1203, Civilian Employee Emergency

Payroll Card, and DD Form 1204, Dependent

Emergency Payment Record Card, in such

manner as to avoid peak workloads.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 13

1 July 1960 AFM 177-104

60201

Chapter 2

ADMINISTRATIVE PROCEDURES

60201. Initial Action at Home Station

The civilian pay area supervisor at the

employee’s home station will:

a. Have each employee serviced by his

office, who has dependents residing with him, 

indicate the amount of money to be paid to

his dependents or designated representative

in the event of evacuation by completing DD

Form 1202, Authorization and Consent

Agreement. (See figure 6-1 and paragraphs

60202 and 60203.) This form will be signed

by the employee, the dependent or his designated representative, and the supervisor

after which it will be filed along with other

DD Forms 1202 in the same order that individual pay records are filed.

b. Issue DD Form 1203, Civilian Employee

Emergency Payroll Card, to each permanent

or temporary employee carried on his rolls

and thereafter to each new employee. (For

temporary employees, indicate date of employment termination, appropriately labeled,

immediately after the name.) He will enter

under “Dependent Emergency Allowance”

the amount shown on DD Form 1202. The

“pay period ending” block will be completed

to indicate the last day of the pay period

immediately preceding the date of issue.

The “total deductions” block need not be completed. DD Form 1203 will be signed by the

employee. (See figure 6-2).

c. Issue DD Form 1204, Dependent Emergency Payment Record Card, for each dependent or designated representative identified on DD Form 1202. The “pay period

ending” date shown on the employee sponsor’s DD Form 1203 will be recorded on DD

Form 1204 in the space “Payment Record.”

DD Form 1204 will be signed by the employee and the dependent or designated representative. (See figure 6-3).

d. Sign the DD Forms 1202, 1203, and/or

1204. A signature stamp may be used for

the signature and .may also identify the

organization and station of the civilian pay

area if different from that of the employee.

e. Make arrangements with the local travel

issuing authority to have appropriate spaces

on the travel order part of DD Forms 1203

(figure 6-2) and 1204 (figure 6-3) completed

as follows:

(1) Enter the employing major command to which the employee or dependent

will be reported for disposition instructions.

(2) Cite the appropriation symbol or 

fund chargeable. To simplify the travel order

preparation and to avoid clerical error in

posting to payment vouchers, limit the number of digits in the citation to the Air Force

appropriation from which the employee is

paid suffixed by the operating agency code

for the appropriate major command. Include

an asterisk in the citation instead of the

fiscal year designator so that the evacuation

orders will not require changing each fiscal

year.

Example of Citation for Air Force Employee Assigned to an Organization of USAFE

57 3400 80

Air Force Agency Code--------J

Fiscal Year Designator---------------- 1 O & M Appropriation--------- -------------

USAFE Operating Agency Code------------------------

(3) Complete appropriate spaces to indicate mileage and per diem rates and properly authenticate the order by completing the

authority line and affixing signature, typed

name and title. If facsimile signature is

used, the official seal of the issuing authority

68430 0—61------ 3
14 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177—104

60202

is required. A travel order number is not

required and a reservation of funds will not

be made.

f. Caution employee, dependents and designate representatives who are issued emergency cards that these cards are their

authority for payment in the event of an

evacuation and must be kept in tHeir' personal possession at all times. See paragraph

60207 for information concerning lost, stolen,

mutilated or destroyed cards.

60202. Employee Without Adult

Dependent

If an employee does not have an adult

dependent but has dependent minor children,

he should arrange to have his minor children

evacuated with an adult dependent of a fellow employee or military member. Under

such condition, the employee must sign DD

Form 1202 designating the individual and

specifying the amount payable to the individual for his minor dependents.

60203. Employee With More Than Two

Adult Dependents

An employee can designate no more than

two adult dependents on DD Form 1202 to

receive payments. DD Form 1203 will in

such casesincline both amounts (separately)

under “Dependent Emergency Allowance.”

A separate DD Form 1204 will be issued to

each adult dependent.

60204. Review of DD Forms 1203 and

1204

a. Review Program. A DD Form 1203 or

1204 not revalidated within 90 days from the

anniversary date of issuance or revalidation

will automatically become void unless being

used for evacuation payments. Therefore an

annual review program will be established to

determine if DD Forms 1203 and 1204 are

current. The program will include an anniversary date for revalidation, revocation, or

reissuance, as appropriate, of all DD Forms

1203 and 1204. ,

b. Processing Changes. If, during the annual review program, changes ip DD Forms

1 July 1960

1203 and 1204 are necessary, new forms will

be issued and the old forms will be destroyed

unless payments are recorded thereon (see

paragraph 60310). If changes are minor and

can be annotated on the previously issued

form without obstructing space required for

payment information, such action is permissible? 'However/ in such caSCs, ii*. addition to

completing the validation block, the signature of the civilian pay area supervisor (or

facsimile) will be required.

c. Revalidation. DD Forms 1203 and 1204

issued to new employees or reissued to any

employee subsequent to the anniversary date

established under a above may be revalidated

during the first annual review program period following such action in order that they

may be included in subsequent annual review programs. Revalidation of DD Forms

1203 and 1204 will be accomplished by the

civilan pay area supervisor’s signing or ini- n .

tialling and inserting the date of revalidation

in the appropriate spaces on the forms.

60205. Employee's Desired Changes

An employee will not be permitted to execute a new DD Fornl 1202 fqr the purpose

of making voluntary changes in deki^nhted

dependents and amounts until he surt-enders

previously issued DD Forms 12(13 and 1204.

60206. Employee Transfer or Termination

Upon transfer to another base, the employee must surrender both Db Forms 1203

and 1204 to the civilian pay area of the gaining base for issuance of new cards. Upon

termination of employment, the employee

will surrender both forms to the civilian pay

area. These forms ‘will be destroyed unless

payments are recorded thefedn (siee pdrAgraph 60310).

' ' I

60207. Lost, Stolen, Mutilated or

Destroyed Emergency Card

The accounting and finance officer must

approve a request for issuance of a duplicate

bp Form 1203 pr 1304 to replace one lost.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 15

1 July 1960

stolen, mutilated or destroyed. Authorization for replacement must be in writing and

will be based on written application by the

employee providing facts and circumstances

concerning the loss in order to justify reAFM 177—104

60207

replacement. The authorization together

with the application will be filed with the

employee’s payroll records. The duplicate DD

Form 1203 or 1204 will be conspicuously

stamped or otherwise marked “Duplicate.”
16 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177-104 1 July 1960 Figure 6—1. Authorization and Consent Agreement.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 17

1 July 1960 AFM 177-104

Figure 6-2. Civilian Employee Emergency Payroll Card (Front and Back).
18 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177-104 1 July 1960

Figure 6-3. Dependent Emergency Payment Record Card (Front and Back).
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 19

1 July 1960 AFM 177-104

60301

Chapter 3

ACTIONS DURING EVACUATION

60301. Evacuated Employee Payroll

Records

Unless it is definitely determined that an

employee will not be returned to the base

from which evacuated, payroll records will be

maintained in a status quo condition pending

final disposition instructions.

60302. Evacuation Station Actions

a. At First Evacuation Station. The date

of initial evacuation on the travel order part

of DD Form 1203, Civilian Employee Emergency Payroll Card, or DD Form 1204, Dependent Emergency Payment Record Card,

will be entered by the civilian pay area at the

first station to which any Department of Defense employee or dependent is evacuated.

If the exact date of evacuation is not known

or cannot be furnished by the evacuee, the

evacuation date will be the date the entry is

made. If the date of the entry is used as the

evacuation date, explanation will be furnished on the “Payment Record” portion of 

the card, i.e., “Evacuation Date Unknown—

Date of Entry Used.”

b. At All Evacuation Stations. The civilian

pay area at each evacuation station will record under “Changes to Additional Allowances” any entitlement (including per diem

if applicable) which varies from that previously recorded on DD Form 1203 and the

date such entry is made. Evacuation date(s)

other than the initial evacuation date completed under a above will be recorded on

this part of the DD Form 1203.

60303. Payment Authority

Properly completed DD Form 1203 or DD

Form 1204 presented with a passport (if

appropriate), government-issued identification card, or other acceptable identification

will be sufficient authority for any military

disbursing officer to make payments. If employee and dependents are evacuated together, the employee or the employee and

his adult dependent or designated representative must present both the DD Form 1203

and the DD Form 1204 to receive payment.

60304. Amount of Payment

a. Employee and Dependent Evacuated

Together. Payment per pay period will not

exceed the “net basic pay due” the employee

as recorded on DD Form 1203. Payment per

pay period to dependent will not exceed the

amount authorized on DD Form 1204.

b. Employee Not Evacuated With Dependents. The amount paid to an employee per

pay period who is not evacuated with his

dependent or designated representative will

not exceed the “net basic pay due” the employee as recorded on DD Form 1203. Normal pay procedures will be used for the payments and for deductions for taxes, FICA^

Civil Service retirement, life insurance, allotments, and savings bonds. Payments in the

reduced amount (net basic pay due) will

continue for six months (thirteen bi-weekly

pay periods) from the date of evacuation of

his dependent or designated representative

unless such persons are permanently relocated earlier and the DD Forms 1204 issued

to them are recalled and/or the employing

base has received a record of such payments.

c. Computation of Pay Period. The dat^

shown after “Pay Period Ending” on DD

Forms 1203 and 1204 will be used to compute

pay periods accruing subsequent to such 

dates.
20 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177-104 1 July 1960

60305

d. Items Listed as Deductions on DD

Forms 1203. Items listed as deductions on

DD forms 1203 aw ill not be paid by civilian

pay areas at intermediate evacuation points.

60305. Making and Recording Payments

a. Forms Used for Payments. DD Form

399, Casual Payment Receipt, modified as

indicated in b below will be used to make

payments and will be prepared as a subvoucher to DD Form 592, 'Payroll jfor V^rsonal Services. These payment documents

can be prepared by the civilian pay area or 

other area designated by the commander of

the station from or to which evacuated.

b. Preparation of DD Form 399. DD Form

399, modified as indicated below, will be prepared in triplicate for each evacuation payment. (See figure 6-4.)

(1) In the block “Name,” insert the

name of the payee as it. appears on DD Forni

1203 or DD Form 1204.

(2) In the block “Identification Gard

No.”, insert the passport number of the H

payee (if appropriate), prefixed 'With the

abbreviation “PN” or the identification card

number. (See paragraph 60303.)

(3) In the block “Permanent Station/’

insert the permanent station of the employee

and, in parentheses, the abbreviation of the

employing department, i.e., (AF), (A), (N),

(MC), or (OSD). If the payee is a dependent or designated representative, include in

the block “Permanent Station” the name and

permanent station of the employee, as shown

on DD Form 1204, and the employing department.

(4) In the block “Pay Group and Appropriation” insert the appropriation or fund

symbol shown in the travel order part of t>D

Form 1203 or 1204, and complete such citation to show the fiscal year designator of the

current year.

(5) In the block “Custodian of Pay

Record,” type or stamp the words “Civilian

Personnel Evacuation Payment.”

c. Recording Payments. Payment will be

recorded as follows:

(1) By obtaining the signature of the

payee on each copy of DD Form 399. To

avoid fraudulent payments, a carefpl.comparison will be made between the signature,

on DD Form 1203 and 1204 and the signature on DD Form 399.

(2) By completing DD Form 1203 or

1204 to identify the payment, i.e., date of

payment, name and accounting and disbursing station number, voucher number and

amount. ....

} .P^piaration^f- DD Form 592. Separate

DD Forms 592 will be prepared to cover payments made to employees (and their dependents) of each department. To identify the ,

vouchers, the statement “Evacuation Pay-’’ ments to (name of Department) Employees

and/or Dependents” will be inserted in the

block “Department or Establishment” on

each DD Form 592. Because of the emergency nature of the payments and because

they do not involve a reservation of funds,

the printed certificates on the DD Forms 592

pertaining to “Sufficiency1 of Funds’* need '‘

not be Completed.

e. Number of Copies of Payment Vouchers. In addition to the normal requirements

for copies of disbursement vouchers, additional copies of DD Forms 399 and 592 will

be made to insure distribution to central accounts office of Office, Secretary of Defense,

Army, Navy and Marine Corps, where payments are made to employees and/or their

dependents of these departments.

60306. Relocating Employee and

Dependents .. ,

The commander of a base to which any

Department of Defense employee or his dependent is evacuated will take expeditious

action to relocate such persons or otherwise

report them to the reporting headquarters

shown on the travel order so that final relocal!tion or return to point from which evacuated

may be expedited. (See paragraph 60201.)

The reporting base will furnish the date of 

initial evacuation as shown on DD Form 1203

or 1204,and, in the case of an Air Force

employee, will state if the employee can be

effectively utilized at the base.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 21

1 July 1960

60307. Employee Placed on Rolls of

Another Air Force Base

a. Establishment of DI) Form 883. When

an Air Force employee, evacuated under

these procedures, is picked up on the rolls

of another Air Force base, he must surrender

his DD Forms 1203 and 1204 to the civilian

pay area. t These forms will be Used to establish a nejiv DD Form 883, Individual Pay

Record, and new DD Forms 1203 and 1204

will be issped. The Air Force Accounting and

Finance Center will be requested to forward

the total amount paid under initial evacuation orders.

b. Settlement of Pay Due Prior to Evacuation. If the information requested of the

employee's last station cannot be furnished

because the records were destroyed, it will

be assumed that the employed ’HhiW "all

amounts due and payable to him as of the

last pay date prior to evacuation unless the

employee can furnish definite proof of not

receiving such payment. The civilian pay

area will reconcile all amounts paid and

amounts due the employee and prepare a

final settlement of the employee’s pay account subsequent to the last normal payment.

(This action includes the issuing of savings

bonds and deducting amounts due for items

such as FICA, Civil Service retirement, withholding tax, and life insurance, which were

suspended during the evacuation period, as

well as the issuance of TD Form W-2, Withholding Tax Statement, and TD Form 941,

Employer’s Quarterly Federal Tax Return.)

DD Forms 1203 and 1204, upon which payments were made, will be filed in the civilian

pay7 area of the receiving base.

c. Delayed Turn-in of DD Form “1204^In

any case where DD Form 1204 cannot be

obtained from the dependent, normal payments to the employee will not be resumed

until 6 months has expired from date of

evacuation of his dependents or until DD

Form. 1204 is surrendered, whichever is

earlier.

60308. Employee Returned to Employing

Base

The payment information and reconciliaAFM 177-104

60307

tion action outlined in paragraph 60307 will

be accomplished by the civilian pay area at

the original employing base when an evacuated employee has returned to such base.

60309. Employee in Official Missing Status

When the Missing Persons Act applies to

an Air Force employee, his dependents and

designated representatives must surrender

the DD Forms 1204 issued to them. In such 

cases, allotments of pay to eligible dependents are established by the Air Force Accounting and Finance Center in accordance

with chapter AF P9.13, AFM 40-1. When

an allotment of pay is so established, that

headquarters will require the dependents

and designated representatives issued DD

Forms 1204 under this regulation to surrender sucWorms. Accounting and finance officers, supervisors and other officials who have

knowledge of persons to whom DD Forms

1204 were issued and who may have direct

contact with such persons will assist the Air

Force Accounting and Finance Center by requesting such persons to surrender to them

their DD Forms 1204. When received, the

forms will be forwarded by the most expeditious means to the Air Force Accounting

and Finance Center.

60310. Disposition of DD Forms 1203 and

1204

DD Forms 1203 and 1204 surrendered for

new cards or for other purposes, and on

which payments have not been made, will be

destroyed by the civilian pay area supervisor

except as provided in paragraphs 60307 and

60308. DD Forms 1203 and 1204 on which

payments are recorded and which come into

the custody of persons not having jurisdiction will be forwarded to the Air Force Accounting and Finance Center with information as to how they were acquired.

60311. Cross-Disbursing Agreements

Specific cross-disbursing agreements are

not required to implement these procedures

for paying personnel of other military agencies.
22 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

AFM 177-104 1 July 1960

EVACUATION PAYMENT TO EMPLOYEE

50.00 5703400 9W1-1734

P438 S676300 L637

Doe, Mery S.-------------------------- KimAMkT Stat kA Wh frm<«rrW, M -U M

John J. Doe

Hq USAFE, APO 633, NY NT (AF)

10 July 1959

BLL2MM.

mid n

Walter Cory

Lt Col, USAF

Finance AFB

APO 633

S6763OO

Fifty and 00/100

CIVILIAN PERSONNEL EVACUATION PAYMINT

indicated above.

CASUAL PAYMENT RECEIPT

EVACUATION PAYMENT TO UKFMLMT

DD.3T-399

Figure 6-4. Casual Payment Receipts.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 23

Number 7200.5

Date May 24, 1957

ASD(Comp)

DEPARTMENT OF DEFENSE INSTRUCTION

Subject: Emergency Orders and Payment for Evacuated Civilian Employees and

Their Dependents

Reference: (a) DoD Instruction 1400.11, “Evacuation of Civilian Employees

and Their Dependents from Overseas Posts in the Interest of Safety,” February 25, 1957.

I. PURPOSE

The purpose of this Instruction is to authorize procedures for payment of

civilian employees of the Department of Defense and/or their dependents who

have been evacuated from their assigned station or location for military or other

reasons which create imminent danger to life.

II. SCOPE

A. The provisions of this Instruction are applicable to all overseas installations

including territorial possessions and Alaska, and are effective immediately, except

that actual payments are effective only upon ordered evacuation by proper authority. The provisions of this Instruction are applicable to the Zone of Interior

except for payments to dependents or designated representatives which will

become applicable only upon enactment of appropriate legislation.

B. When an employee has been determined to be missing, interned, etc., as

established by Section 2 of the Missing Persons Act, 50 U.S.C. 1002, the provisions

of this Instruction will no longer be applicable to such an employee or his 

dependents.

III. STATUTORY AUTHORITY

5 U.S.C. 73b—1(d), 75C, 835-842, 10 U.S.C. 3689, 8689, and Comptroller General

letter B-61937 of 5 February 1957.

IV. DEFINITIONS

A. For the purpose of this Instruction the following definitions apply:

1. Department of Defense—The Military Departments and the Office of

the Secretary of Defense.

2. Civilian Employee—An employee of the Department of Defense who is

a United States Citizen or United States National, or an employee who is

not a citizen or national of the country in which employed and who was

recruited outside of the country in which employed under employment

agreement which provides for return transportation to the country from which

recruited.

3. Adult Dependent—Wives, regardless of age; children over sixteen years

of age; and relatives over sixteen years of age dependent upon the employee

for support and residing with the employee.

V. FORMS PRESCRIBED

A. DD Form 1202, Authorization and Consent Agreement.

B. DD Form 1203, Civilian Employee Emergency Pavroll Card and Travel

Order. (A three-fold card)

C. DD Form 1204, Dependent Emergency Payment Record Card and Travel

Order. (A three-fold card)

D. DD Form 399, Casual Payment Receipt.

E. DD Form 592, Payroll for Personal Services, or other approved substitute

form.

VI. APPLICABLE PROCEDURES

A. Where these procedures are utilized activities or installations will:

1. If the installation is located outside the continental limits of the United

States, have each employee serviced by his office, who has dependents,-determine the amount of money to be paid to his dependents or designated febresentative in the event of evacuation by executing DD Forzh 4202, Authbrn^k

/ < ' - zr en ce
24 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

tion and Consent Agreement (see pars. E and G below). The Authorization

and Consent Agreement will be filed with the employee’s payroll records.

2. Issue DD Form 1203, Civilian Employee Emergency Payroll Card and

Travel Order, for each employee carried on his rolls. This card must be 

signed by the civilian employee and the Civilian Payroll Certifying Officer.

3. Issue DD Form 1204, Dependent Emergency Payment Record and

Travel Order, for each dependent or designated representative identified

on the Authorization and Consent Agreement executed under 1 above. This

card must be signed by the civilian employee, adult dependent (or designated

representative), and the Civilian Payroll Certifying Officer.

4. Complete the travel order part of the emergency cards to show a central

headquarters to which the employee or dependent will be reported for disposition instructions and have the orders properly authenticated.

B. DD Form 1203, Civilian Employee Emergency Payroll Card and Travel

Order will be issued to each new employee as a part of normal processing-in

procedures.

C. Employees, dependents, and designated representatives issued emergency

cards under A above will be warned that these emergency cards are their authority

for payment in the event of an evacuation and as such must be kept on their

personal possession at all times.

D. Emergency cards will be reviewed at least once annually to determine if

changes have occurred, in which event a new payroll card will be issued and a 

new Dependent Emergency Payment Record Card will be issued if necessary.

The old cards will be destroyed. Cards not requiring change will be revalidated

by initialing and dating the cards. Cards not revalidated ninety days after the

yearly review date will automatically become void unless being used for evacuation

payments. Upon termination of employment, and as otherwise specified by the

employing agency, both the Emergency Payroll Card and the Dependent

Emergency Payment Record Card must be surrendered. If payment has not

been made by use of these cards, they will be destroyed. Before an employee can

change the Authorization and Consent Agreement, the Emergency Payroll Card

and the Dependent Emergency Payment Record Card(s) will be surrendered.

E. In the event a civilian employee does not have an adult dependent but has

dependent minor children he should be encouraged to arrange to have his minor

children evacuated with an adult dependent of a fellow employee or military

member. Under such conditions, the employee stationed overseas must sign a 

DD Form 1202 designating the individual and the amount payable for care of his 

minor dependents.

F. The travel order part of the emergency cards, DD Forms 1203 and 1204, wil

be completed to cite the symbol of the appropriation or fund chargeable. To

simplify preparation of the travel orders and to avoid clerical error in posting the

appropriation or fund citation to payment vouchers, the number of digits in the

appropriation or fund citation will be limited to essential symbols and codes only,

so far as practicable and consistent with accounting requirements. For example,

when the appropriation or fund symbol normally cited for the payment of a 

civilian employee includes a code which identifies a higher headquarters (such as

a central office, field headquarters, major command, or technical service), the

code for the employing installation might be eliminated. An asterisk will be

included in the appropriation or fund citation on the order in lieu of the fiscal

year designator, in order that evacuation orders will not require change each

fiscal year. Following is an example of a simplified appropriation citation for an 

Air Force employee assigned to any organization of USAF Europe:

57 * 3400 80

Air Force Agency CodeFiscal year deeignator*

Appropriation syabol—

USAFE Bq Code---------
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 25

G. In the event an employee has two or more adult dependents to each of

whom he wishes payments be made under evacuation procedures, the procedures

herein prescribed will be modified as follows:

1. Not more than two adult dependents may be so designated.

2. The Civilian Emyloyee Emergency Payroll Card will include both

amounts (separately stated) under “Dependent Emergency Allowance.”

3. A separate Dependent Emergency Payment Record Card and Travel

Order, DD Form 1204, will be provided for each such adult dependent.

H. The Civilian Payroll Certifying Officer or other appropriate official at the

first station to which an employee or dependent is evacuated will enter the date

of evacuation from initial station of assignment on the order.

I. Civilian Payroll Certifying Officers at the station to which a civilian employee and/or his dependents are evacuated will record on the Emergency Payroll

Card under “Changes to Additional Allowances” any entitlements which vary

from that recorded on the card (including per diem if applicable) along with

the date the employee and/or dependents were evacuated to the station.

J. Unless it has been definitely determined that civilian employees will not

be returned to the station from which evacuated individual civilian personnel

payroll records will be maintained in a status quo condition pending final disposition instructions.

K. Expeditious action will be taken by the base, post or station to which a 

civilian employee and/or dependents are evacuated, to relocate such civilian

employee and his dependents or otherwise identify them to the headquarters

specified on the travel order in order that final relocation or return to point from

which evacuated may be expedited. When an employee is evacuated to an installation of the employing agency, he will be reported to the headquarters specified

on the travel order with a request for disposition instructions. Date of initial

evacuation will be furnished. When the installation can effectively utilize such

employee, notification to that effect will be included. The central headquarters

will make every effort to issue disposition instructions as soon as possible, and in

all instances prior to expiration of termination of payment authorization, i.e.,

six months after evacuation date.

L. When a civilian employee, who has been evacuated under these procedures,

is picked up on the rolls of another installation overseas or within the United

States, the Emergency Payroll Card, DD 1203, and the Dependent Emergency

Payment Record Card, DD 1204, will be surrendered and will become the basis

for establishing a new Payroll Data Card. New Emergency Payroll Card,

DD 1203, and Dependent Emergency Payment Record Card, DD 1204, will be

issued. Notification will be sent to the appropriate central accounting office of

the service or department of such employment, with a request for submission of

total amounts paid under initial evacuation orders. A notification will also

be sent to his previous station of assignment, informing them of his current

assignment with a request for information as to last date paid and other pertinent

information. Should such information and records have been destroyed, it will

be assumed that the employee had drawn all amounts due and payable to him

as of the last pay date prior to evacuation, unless the employee can furnish definite

proof of not receiving such payment to the satisfaction of the Civilian Payroll

Certifying Officer. A reconciliation of all amounts paid and amounts due will

then be accomplished at his new station of assignment. A final payroll will

be prepared in settlement of the employee’s pay account subsequent to last

normal payment.

M. When it is determined that the Missing Persons Act applies, the Dependent

Emergency Payment Record Card will be recalled.

VII. PAYMENT PROCEDURES

A. Under emergency evacuation procedures, presentation of passport (if appropriate) or other identification, and Emergency Payroll Card, DD 1203, or Dependent Emergency Payment Record Card, DD 1204, shall be sufficient authority for

payments of amounts specified therein by any duly authorized disbursing officer

of the United States Government. In the event dependents are evacuated with

the civilian employee sponsor, both the Emergency Payroll Card, DD 1203, and

the Dependent Emergency Payment Record Card, DD 1204, must be presented

by the employee or the employee and his adult dependent or designated representative, as authority for payment of amounts specified. Action will not be taken

by en route disbursing officers to pay items listed as deductions.

B. Disbursing officers making payments under this procedure will record such

payments on the Emergency Payroll Card, DD 1203, and/or the Dependent
26 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

Emergency Payment Record Card, DD 1204, and will execute a DD Form 399,

Casual Payment Receipt, in triplicate, on which the signature of the civilian

employee and/or his adult dependent or designated representative will be obtained.

DD Form 399 for dependents will also include the name and permanent station

of the employee under “Permanent Station.” Disbursing officers will type or

stamp the words “This is a civilian personnel evacuation payment” on the

DD Form 399 immediately below the name of the “Custodian of Pay Record,”

i.e., appropriate central accounting office of the department. Passport number

or identification card number will be inserted under “Service Number.” DD

Form 399 will cite the appropriation or fund symbol shown on the travel order

but will be completed to show the fiscal year designator of the current year. Two

copies of DD Form 399 will be attached to DD Form 592, Payroll for Personal

Services, or an approved substitute transmittal voucher, as subvouchers and will

be forwarded to the central accounting office of the paying department. The

above statement will be inserted on DD Form 492 in the block titled “Department

or Establishment.”

C. One copy of the DD Form 399 will be used by the central accounting office

for the purpose of providing the payment information to be requested under

paragraph VI.

D. Specific cross-disbursing agreements are not required for implementation of

these procedures insofar as payment of personnel of other governmental departments and establishments is concerned.

VIII. EFFECTIVE DATE

This Instruction is effective immediately.

IX. IMPLEMENTATION

Implementing instructions should be issued as soon as possible, and two copies

thereof furnished this office.

W. J. Mc Neil ,

Assistant Secretary of Defense (Comptroller).

B-61937

Comptr ol ler Gen er al of th e Uni te d Sta te s,

Washington, D.C., February 5, 1957.

The Honorable the Secr eta ry of Defen se .

Dea r Mr . Sec re ta ry : We have received from the Deputy Comptroller for

Accounting Policy, Office of the Assistant Secretary of Defense (Comptroller),

a memorandum dated December 20, 1956, requesting our approval of procedures

entitled “Emergency Orders and Payments for Evacuated Civilian Employees

and Their Dependents,” and related forms. The proposed forms are captioned

as follows:

“Authorization and Consent Agreement.”

“Civilian Employee Emergency Payroll Card” (front), “Travel Order”

(reverse).

“Dependent Emergency Payment Record Card” (front), “Travel Order” 

(reverse).

The stated purpose of these procedures and forms is to provide for the payment

of pay and allowances to U.S. civilian employees, and for the payment to their

dependents of amounts previously authorized to be deducted from the employee’s

pay, where such persons have been evacuated from their assigned station or location for military or other reasons which create imminent danger to their lives. 

The memorandum further states that it is considered desirable that the procedures

be authorized for general use by all agencies so that payments could be made by 

any disbursing officer to any authorized person under emergency conditions.

We note that the parenthetical phrase, “(Payment will not be made beyond

6 months from date of evacuation),” is shown in the payment record on both the

civilian employee emergency payroll card and dependent emergency payment

record card. We are not aware of any special authority for the Department of

Defense, or general statutory authority for the various departments and establishments of the Government, to continue salary payments to civilian employees

who have been evacuated from their designated duty stations and who, because

of such evacuation, are not performing official duties. Accordingly, and as the

laws here involved specifically provide for regulations by the department or
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 27

agency concerned, it would be inappropriate for our office to issue instructions

concerning the use of the proposed procedures or regulations on a Governmentwide basis.

Our Office agrees, however, that the establishment of procedures for the payment of pay and allowances to U.S. civilian employees, and to previously designated dependents or authorized representatives, where such persons are required

to be evacuated from their assigned station or location for military or other reasons creating imminent danger to their lives, is desirable and that the proposed

procedures may provide a practical solution to a difficult operating problem.

Therefore, the proposed procedures and forms have been reviewed and certain

changes, which have been informally discussed with representatives of your

Department, have been noted on copies of the procedures and forms which are

returned herewith. The proposed forms should be designated as Department of

Defense forms instead of standard forms as cited in the proposed procedures,

since consideration of these forms and procedures has been restricted to use by

the Department of Defense.

We will not object to the use of these procedures and forms pending congressional consideration of authorizing legislation both as to persons stationed overseas and in the Zone of the Interior, and with the understanding that our approval

upon the basis stated may be withdrawn in the event that prompt action is not

taken to obtain such legislation.

Subject to the acceptance of the suggested changes to the proposed forms,

and with the understanding that prompt action will be taken to obtain authorizing

legislation, DD Form No. —, Authorization and Consent Agreement; DD Form

No. —, Civilian Employee Emergency Payroll Card (front) and Travel Order

(reverse); and DD Form No. —, Dependent Emergency Payment Record Card

(front) and Travel Order (reverse) are approved. We request that, when printed,

four copies of each be furnished to our office.

Sincerely yours,

Jose ph Campb ell ,

Comptroller General of the United States.

Mr. Morrison . Mr. Broyhill?

Mr. Broyhill . I wonder if you give us a hypothetical case or example of how this evacuation would be effected, and the differences

between your present procedure and the procedure that would be

covered by this legislation.

Mr. Hochreit er . I think I can, sir. Let’s take the only recent,

within the past couple of years, where that could have happened and

that is the Lebanon situation. Had that been a little more acute,

we very definitely could have evacuated a number of employees out

of Lebanon. Under the present procedures, those employees, when

they were evacuated, they would have been evacuated to some point

which would have previously been decided upon, and provisions would

have been made under our administrative procedures in the regulations, to take care of paying those employees for jobs that would be

found for them in the evacuation, at the evacuation point or the

installations to which they would be assigned from the evacuation

point.

Mr. Broyhill . In the meantime they would have lost no pay or

allowance?

Mr. Hochreiter . No , sir; they would not have. However, we

would not have had the authority to pay them any advance. For

example, if we tell Joe Doakes today or this afternoon, you will be on

an airplane with your family and will be evacuated to Wiesbaden,

Germany.

Joe Doakes may or may not have a,ny money. We would not have 

had any authority to pay him any advance pay. The difference then

would be that this bill would authorize us to allow, or authorize us to

give, him an advance of pay up to 30 days, depending upon the
28 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

circumstances, with of course appropriate provisions within the bill

for recoupment of that advance.

Mr. Broyhill . How about the 6 months’ provision?

Mr. Hochreiter . The 6 months’ provision specifically would operate this way, that-Met’s say the employee would be evacuated for

example to Wiesbaden, Germany. There may or may not be a particular job for that employee which would be equivalent to the job

he was performing at the point from which he was evacuated.

This bill would allow us, up to a maximum of 6 months, to continue

his pay. However, it would be assumed and he would be required,

to perform some sort of duty during that period of time. But his

pay, and his rate of pay and allowances would be at the rates which

were applicable to the position he held and the grade he held at the

time he was evacuated.

Mr. Broyh ill . I asked for a hypothetical example. Have there

been any actual cases of evacuation in recent years?

Mr. Hochre ite r . There have not been within the Defense Department. I understood in the State Department there have been a few

cases.

Mr. Broyhill . Thank you, Mr. Chairman.

Mr. Morris on . Mr. Johansen?

Mr. Johansen . Yes, Mr. Chairman. Do I understand from the

last statement you made, Mr. Hochreiter, that this, so far as the

Defense Department is concerned, involves dealing with a hypothetical

situation which has not heretofore occurred?

Mr. Hochreiter . We have not had an actual situation occur,

where we have had the necessity of evacuation of employees under

the circumstances presupposed by this legislation.

Mr. Johansen . In the past, back before we had the number of

civilian personnel around the world that we have now, to what extent—

I am thinking particuarly of the early days after Pearl Harbor—to

what extent have we had that kind of a problem and how has it been

dealt with and to what extent has it been found unsatisfactory?

Mr. Hochre iter . Sir, I think the best answer to your question probably would be that the only experience that we have had in that

connection has been in the Pacific. 1 say this primarily due to the

fact we have not had the numbers of employees overseas during the

period of time you indicated, except in the Pacific area, and of course

there we had the problem with respect to Pearl Harbor, not that

employees were evacuated, but specifically with respect to Wake

Island and a couple of the other islands in the Pacific, which came

under the domination of the Japanese.

But to the best of my knowledge, I think I am quite sure on this

point, previously we just have not had it, because we have not had 

the numbers of employees overseas and particularly in the European

side of the world.

Mr. Johansen . What I fail to undersand is this 6-month provision.

Under what circumstances would you anticipate that an evacuee

would have to be retained on either made work or no work as the

result of an evacuation, that would extend for that period of time?

Mr. Hochre ite r . Well, sir, the 6 months is put in the bills as an

outside limitation in order to allow as much flexibility as possible.

I would believe it would be very difficult, that is it would be an extremely unusual situation, where that much time would be required.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 29

But the regulations that would be developed to implement this

would recognize that point and of course would provide that that

amount of time, within that 6-month period, would be as short as

possible, within the circumstances that might be dictated by the

particular situation at that time.

Mr. Johans en . It seems to me there is a potential danger there of

feet dragging in the matter of relocating these people and putting

them in productive work, if you have a 6 months’ lag?

Mr. Hochreiter . That would depend, sir, upon management and

management then would have the responsibility of making sure these

employees would either be reassigned back to the States, reassigned

somewhere else, in a nondanger area, or back to the point of original

employment, depending upon the circumstances.

Mr. Johansen . Would the provisions of this bill be applicable to

local nationals, who are civilian employees?

Mr. Hochreit er . Local nationals are not included in this bill.

Let me say it this way: Under present regulations, there is a provision 

that does cover local nationals under certain circumstances. I might

give an example. It would only apply in the case of third country

nations. By that, I mean let’s take an example in Libya. Because

of the necessity at Wheelus Air Force Base for certain types of skills,

which we cannot find within the local labor market, within Libya, so

far as local national employees are concerned, we do a certain amount

of recruiting in Germany, and bring Germans for certain periods of

time into Libya.

The present regulations, minus of course the 30-day advance payment provision, since we have no authority for that, would allow those

employees, third country nations, the Germans in Libya under those

circumstances, to be covered. And I believe the provisions of this

bill are broad enough that that could be covered within the regulations.

Mr. Johansen . I am interested to know in view of your state

ment, if I understood you correctly, whether the only experience,

actual experience with this kind of a problem, has been in the State

Department.

Mr. Hochreiter . I believe that is true, sir; I am not positive.

Mr. Johansen . I am interested to know, Mr. Chairman, why we

should not have someone from the State Department to testify on

this matter. It seems to me we are dealing with a completely

hypothetical situation, without any supporting testimony based on

actual experience with the problem and if they have it, I would think

they would be the ones also to be heard on that point.

Mr. Morrison . If the gentleman will yield.

Mr. Johansen . Surely.

Mr. Morr iso n . The representatives of the State Department were

not invited to testify. The Bureau of the Budget designated the Air

Force to represent the administration on this bill. If the gentleman

from Michigan feels that the State Department testimony would be

of material assistance, I see no reason why we should not have it.

Mr. Johan sen . I do so feel and in no derogation of these witnesses,

but I feel that way on the basis of the testimony already taken, that

they are the ones that have had, allegedly had, practical experience

with the problem.

Mr. Hochrei ter . As I indicated, sir, I believe they are the only

ones who have had this experience.
30 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

Mr. Johansen . I think by alJ means we ought to have the benefit

of that experience. Will the Peace Corps recruits be covered by this?

Mr. Hochreiter . No , sir; they would not.

Mr. Morris on . Mr. Rousselot?

Mr. Rouss elot . I noticed in here you mentioned for emergency

reasons and you have already indicated ones you think would be good

examples. Lebanon was one. Can you think of other emergency

reasons?

Mr. Hochreiter . I might think of one that might be obvious and

that is, I don’t believe it would be impossible to assume this could

happen in Berlin.

We have a considerable number of employees there.

Mr. Johansen . Will the gentleman yield?

Mr. Rouss elot . Yes.

Mr. Johansen . Am I to understand there is not existing authority

under the emergency powers of the President of the United States, in

such a case, to cope with that situation?

It seems to me we have given the President just about every kind

of emergency power that is conceivable and I just cannot imagine that,

to deal with that kind of an acute situation, in an interim, if Congress

was not in session, would not fall within the power of the President.

Mr. Morrison . I think, if the gentleman will yield there, I can

answer that. I think if he did have the necessary powers, there would

not be a request for this legislation and this gives him the necessary

authority and the necessary legal status to so act.

Mr. Hochreiter . Particularly with reference to the matter of the

financial aspects of what we are proposing in this bill.

Mr. Broyhill . Will the gentleman yield to me?

Mr. Rous selo t . Yes.

Mr. Broyhill . You mentioned the State Department had experience in this problem?

Mr. Hochreit er . I believe so, sir.

Mr. Broyhill . Do they have authority to make these advance

payments?

Mr. Hochreit er . To the best of my knowledge, they have no more

authority that we have.

Mr. Broyh ill . This legislation would give them the same

authority?

Mr. Hochreiter . That is right.

Mr. Broyhill . Thank you.

Mr. Roussel ot . I wanted to ask further questions on this 6-month

provision. I know you have probably considered this very carefully. It seems difficult for me, and I am probably very limited in

my point of view, to understand why 6 months is called for in this

bill. Why didn’t you come up with 2 or 3 months? Why 6? Is

there something sacred about that?

Mr. Hochreit er . There was quite a bit of difficulty on that point,

and 6 months was generally agreed upon as an outside limit. I don’t

know if I could give you any extremely good reason why it was 6

months as opposed to 2 months.

As I indicated before, I certainly would believe that it would be an

extremely rare situation where we would ever have a need to utilize

the 6 months’ period.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 31

Mr. Rouss elot . I would think usually the normal processes of

Government payroll and everything else could be adjusted in that

time. It just seems to me 6 months is a long period of time.

Mr. Johnson . Mr. Chairman, the staff does not usually interfere

but there is an answer. 1 participated in the original staff negotiations

on this point, Mr. Rousselot. One of the factors that has not been

emphasized enough is that the legislation is based on an order of

evacuation. There may be some inference that it applies only to

actual evacuation, where the man is taken out of the country and put

somewhere else not under enemy domination. The theory of this

legislation is that there must be an order for an evacuation. There

are many instances in which evacuation has been ordered and will be

ordered in which an employee cannot actually be evacuated because of

an invasion.

These bills would provide authority for payment of an employee’s

salary, on his account, either to him if he is actually evacuated or, if

he cannot be evacuated, to his dependents.

In W orld W ar II, on some of the South Pacific islands many civilians

were not able to get out for up to 2 years after the Japanese invasion.

Some of the members will recall a special law was passed to compensate

many of these people, not only Federal employees but private contractor employees, for the damages they sustained by being kept under

Japanese domination.

1 his bill would permit a reasonable period of compensation to be

paid to dependents, in cases where employees were not able to be

evacuated.

That is why the wording was proposed by the Department of the

Air Force that said “ordered evacuated” rather than “actually

evacuated.”

I think this goes to Mr. Johansen’s point. This should not be an

assumption that there has to be an evacuation. There may not be

an opportunity for evacuation. It may be 6 months or a year before

an employee can be gotten out and this will be the only way there will

be authority to pay his wife and family.

Mr. Johansen . In the situation in World War II you have described, where there were Federal civilian employees detained, and

they had dependents in the States, was there then any provision by

regulation or emergency legislation, for the allotment of their salary

to the dependents at home during that period of confinement?

Mr. Johns on . The only thing I have actual knowledge of is the

Missing Persons Act passed in 1942 authorizing compensation to be

continued while an employee was missing or interned in a hostile

country. There were, of course, authorizations to make allotments,

but in case of an order for emergency evacuation, and the employee

could not be evacuated, I don’t believe there was legislative authority

to continue to pay the salary of an employee who was prevented from

performing his duties because the Japanese had taken over. This is

foresight, rather than the hindsight we had in 1942.

Mr. Morri son . Mr. Gross?

Mr. Gross . Thank you, Mr. Chairman.

In view of the fact the gentleman has no examples of any actual

difficulty, I don’t know that I have any questions to ask except this.

Do you know of any difficulty in the evacuation of our people from

Cuba?
32 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

Mr. Hochreiter . No , sir. I will ask the Navy Department

people.

Mr. Hager . Not that I am aware of, no.

Mr. Johans en . What was that answer?

Mr. Hager . I said, “No, sir; not that I am aware of.”

Mr. Morr iso n . If there are no further questions then, thank you

very kindly for your testimony and the committee will now hear from

Mr. F. H. Barclay and Mr. Eckert.

Mr. Broyhi ll . Let me ask one more question. Would it be an

oversimplification of the situation or an inaccurate statement to state

what we are doing here is making the same provision, the same authority, to pay civilian employees that is already granted now for 

military personnel under similar situations?

Mr. Hochreiter . Well, in a certain manner that is certainly true,

because the military personnel are entitled to their pay regardless of

the particular location he is in or the particular job he is in.

Mr. Broyhi ll . This is not providing any more to the civilian

employee than the military personnel now has?

Mr. Hochreiter . That is correct.

Mr. Johansen . Do the military personnel have the privilege of

advance of up to 30 days’ pay?

Mr. Hochreiter . Military personnel can draw partial payment

of their pay.

Mr. Johansen . Under circumstances of evacuation?

Mr. Hochreiter . Well, I believe under ordinary circumstances

even here in the States they are entitled to. Am I correct there?

Mrs. Laws . Yes, they are entitled to draw up to the current amount

of their pay, if they wish to draw a partial payment.

Mr. Johansen . You mean on the 10th of July, I can draw 10 days’

pay for July?

Mrs. Laws . That is right, sir.

Mr. Johans en . If it was the 1st of July, it would be pretty skimpy.

Mr. Rous sel ot . They can draw on their leave-of-absence pay, you

said?

Mrs. Law s. No , sir.

Mr. Johansen . Actually, there is not anything corresponding to the

30-day advance, unless you happen to be in the 30th day of July?

Mrs. Laws . If we relate your question to the evacuation of their

dependents, there is legislation proposed to cover the military evacuation of dependents. That is evacuation of dependents of military personnel, and the related advancement of additional pay to cover their

financial requirements.

Mr. Johansen . But that is proposed, not already existing legislation?

Mrs. Law s. That is right.

Mr. Ichord . Mr. Chairman.

Mr. Hochreiter, I understood you to say the bill was limited in its

application to citizens of the United States who were employees of the

Federal Government?

Mr. Hochre ite r . No , I did not say that, sir.

Mr. Ichord . The original bill did.

Mr. Hochreiter . I believe it is correct to say the bill as presently

drafted could be in its wording applicable to other than U.S. citizens,

with particular reference to third country nationals.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 33

Mr. Morrison . Thank you very kindly, and the committee will

now hear from Mr. Barclay and Mr. Eckert.

STATEMENT OF F. H. BARCLAY, JR., ATTORNEY, OFFICE OF

GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, ACCOMPANIED BY C. EDWARD ECKERT, LEGISLATIVE ATTORNEY,

OFFICE OF THE GENERAL COUNSEL

Mr. Barclay . Mr. Chairman and members of the subcommittee, I

am Henry Barclay, attorney, General Accounting Office. Accompanying me today is Mr. C. E. Eckert, legislative attorney of our

office.

I have before me a prepared statement which, with your permission,

I would like to present at this time.

Mr. Morri son . Proceed.

Mr. Barclay . On February 9, 1961, the chairman of the House

Post Office and Civil Service Committee requested our report on

H.R. 2464 and H.R. 2555, relating to pay and allowances of civilian

employees of the United States in cases of emergency evacuations

from overseas areas “or such other place as the President may

designate.” In our reply to the chairman on March 20, we pointed

out that certain details of the bills in which clarification seemed

desirable had been discussed with the committee staff. We recommended favorable consideration of the proposed legislation.

The purpose of the legislative proposal is to provide definitive

authority for payment of compensation, allowances, and differentials

when a civilian employee or his dependent is ordered to be or is evacuated from the employee’s official duty station under specified conditions. Permissive authority would be provided under which the

employee could make allotment from his pay for support of his family

and draw up to 30 days advance payments.

Provision is made for insuring recovery of any advance. Waiver

of the recovery could be authorized by the head of the department

upon the required determinations having been made. Continuance

of the employee’s compensation, allowances, and differentials would

be permitted when he is evacuated from his official duty station,

notwithstanding no actualservices may be performed during the period

of evacuation.

Payments during the period involved would be limited to the rate

the employee was entitled to immediately prior to evacuation. A

provision is included specifying that the employment status of the

employee for benefits such as leave, retirement, insurance, would not

be affected by operation of the procedures authorized.

Committee Print No. 1 on H.R. 2555 does not alter the basic purpose of the proposed legislation. It does, however, contain fundamental differences from the original proposal which we believe clarify

and strengthen the bill.

Under the committee print evacuation from a place within the

United States is covered by specfic language in lieu of the more

general—but no less broad in possible application—phrase “or such

other place as the President may designate.”

A limitation of 6 months is placed on the monetary payments that

may be allowed to employees upon the ordered evacuation. It is

anticipated that, generally, within that period the employee would
34 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

either be returned to his official duty station or relocated at a new

place of duty. The 6 months’ period is a maximum limitation only.

Termination of the benefits are permitted and doubtless will occur

at an earlier date in many instances.

The committee print more clearly specifies that for all purposes the

period for which payments may be authorized is to be considered as

a period of active service in the position held immediately prior to

issuance of the order of evacuation. A separate provision covering

adjustment of payments is included consistent with and in furtherance

of that concept.

Allotments of compensation for such purpose as the Department

head concerned deems appropriate could be made by civilian employees. This provision would be a general authority. It is not

limited to evacuation cases. Other allotment of pay provisions

covering civilian employees would be repealed.

We would like at this point to emphasize that under the proposed

legislation, upon final adjustment as required therein, no employee

would be entitled to receive any compensation, allowances, or differentials other than he would have been entitled to under existing

law had active service in fact been performed during the period

involved in the position he occupied immediately prior to the order of

evacuation.

All rights under the legislative proposal are subject to coordination

by the President and to regulations to be prescribed by or under

authority of the President. Upon final adjustment, funds of the

Department in which the employee is employed will be charged with

the compensation, allowances, and differentials of the employee

concerned.

This concludes our statement, Mr. Chairman. We will be glad to

answer any questions you or other members of the subcommittee

may have.

Mr. Morri son . Thank you.

Mr. Ichord?

Mr. Ichord . Sir, do you have any information as to what the cost

would have been if this legislation had been in operation during some

of the evacuations we have had?

Mr. Barclay . We have no actual data on this proposition. At

the time this originally came up, which was approximately 1956, we

had discussions with the Air Force on the proposal which they now

have in their administrative regulations, and which we agreed to,

subject to their getting definitive legislation. There was some discussion as to what possible costs would be involved. I think probably

the best we can say is that in fact there may be additional costs in

this sense. We may have an employee, to take again what is a hypothetical case, who is stationed at a point, let us say, in Iraq, and he

may be evacuated to Rome, Italy. If in fact the employee is evacuated, generally he will be considered in a travel status, and within the

authority of the Department, they could pay him a per diem allowance for the period of evacuation. If he was on regular temporary

duty he could draw per diem but it is clearly an additional cost that

arises because of this evacuation.

In that sense there could be a substantial bit of money involved

additionally which, however, may be offset by the fact that certain

of his allowances and differentials, under the existing regulations,
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 35

would be cut down. For instance, as a concrete example, we have

in certain countries what we call a differential, based on conditions

of hardship, which runs up to 25 percent of the man’s basic salary.

That may continue if a man is placed on temporary duty away from

his official headquarters for a period of 42 days.

If the point to which this man is evacuated, and taking the figure

of the maximum of 6 months, is a place where no differential is authorized, on the final adjustment under this proposal he would draw

only the 42 days of the differential, not the entire 6 months which he

would have drawn had he stayed at his official station. Therefore,

there will be a cutoff for approximately 5 months of his evacuation of

his 25-percent differential, assuming he is evacuated to a place for

which no differential is authorized.

Mr. Ichord . You are speaking only of Department of Defense?

Mr. Barclay . No , I am speaking of all departments. It is limited

to certain areas, only hardship areas. It is under regulations of the

State Department, which apply to all departments by law, so far as

the differential. In the territories, and also in Hawaii, the situation

is different. I don’t believe there is any hardship differential in

either Alaska or Hawaii, although there is a cost-of-living allowance.

But there is this possible offset, as far as the differential or allowances,

that may cut the increased costs of per diem down substantially or

wipe it out entirely, depending on the situation and what the Department has authorized for per diem.

Mr. Eckert . Generally speaking, however, we are talking about

the allotment of money which is due the employee. So, except for

this variance, which will be comparatively small, we are not speaking

in terms of additional costs.

Mr. Barclay . That is correct, as Mr. Eckert points out. We

pointed out in our statement, that the rights the employee would

have are rights that are today ^ithorized under existing law if he

were performing active service. A. basic purpose of this legislation is

to give a man authority to draw his pay when in fact he may not be

performing any duty whatsoever. That was the part of the administrative regulations that we had considerable difficulty with in our

approval 4 years ago when we said the Department should get definitive legislation. I might point out that it was brought up in very

close proximity to the Suez crisis which I believe may have been one

of the factors that caused the Department of the Air Force to bring

it up at that time.

Mr. Ichord . Thank you.

Mr. Morris on . Mr. Broyhill?

Mr. Broyhill . Following through on this allotment, I think you

stated a moment ago and in your statement, this would be a general 

authority, and not limited to evacuation cases but you also stated

that it would repeal other allotment or pay provisions covering

civilian employees.

Mr. Barclay . That is correct.

Mr. Broyh ill . Apparently there is a provision now that we are 

changing, that this legislation would change. How are we changing

it? Are we improving it?

Mr. Barclay . This will in fact broaden the indiyidz^^lotnw^

authorities that exist. There are several of them. Tmymain one is\

an allotment provision dealing with employees aligned abroad,;^1
36 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

under which all civilian employees can allot their pay for the support of their family or their relatives.

Mr. Broyh ill . They can now?

Mr. Barclay . That is correct. The employees would normally do

it in advance, under the proposed setup. The way they work it,

they would actually make the allotment and they would have a little

card, which is provided for in the regulations now in being and it

would be presumed a similar type of procedure would be involved

if this legislation were enacted. The card the Air Force has shows

exactly what the man agreed to as an allotment from his pay. If a

man draws $200 a month, let’s say, he may allot to his dependent

$50 of that.

Mr. Broyhill . It is still not clear to me how we are improving the

present provisions.

Mr. Barclay . Yes, sir. There are several provisions, including

those for the Department of the Air Force and the Department of

the Army, providing special authority for permanent civilian employees stationed overseas, to make allotments from their pay.

The Department of Agriculture had a special provision, within the

United States, and that provision is subject to use for any purpose

the Secretary of Agriculture sees fit. That is a special authority

within that Department. The Department of Interior likewise has

certain special authorities, within the United States.

Mr. Broyhi ll . This is all done by separate legislation.

Mr. Johans en . Special authority to do what? something with relation to allotments?

Mr. Barclay . Allotment of pay?

Mr. Johansen . Or with respect to advance drawing of pay?

Mr. Barclay . This was allotment of pay. It had no relationship

to advances. The thought was to take these various authorities and

place them into one piece of legislation. They were worded differently, for different purposes, some of them were restrictive, some were

not. It was thought perhaps this was the time to consider the putting

together in one place, subject to regulations of the President and heads

of the departments, one single allotment authority. That was the

basic idea. It is broader than the original bill, which was limited to

emergency evacuation.

Mr. Broyhi ll . So we are making one uniform provision, not

necessarily liberalizing it or making it more restrictive.

Mr. Barclay . It is liberalized so far as that within the United

States there exists no general allotment authority similar to the one

where employees are stationed outside of the United States. It is

broader in that sense.

Mr. Broyh ill . That is all.

Mr. Johansen . In section 2 of the committee print on page 5, we

read “Subject to regulations prescribed by or under the authority of

the President,” and so on, “the head of each department is authorized

to provide for the payment, in advance, of compensation,” and so on,

“to civilian employees whose evacuation or that of their dependents

or immediate family, as applicable, from a place within or outside the

United States is ordered for military reasons, or for the protection of

the health or safety of such employee, or of such dependents or

immediate family.”
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 37

I am interested in two aspects of this: One, is the provision

extending this to any place within the United States; and second,

the provision with respect to the protection of the health of the

employee. What kind of a blanket authority is that? If I am

located in a Government job where my asthma is worse, does this

relate to that section?

Mr. Barclay . This provision, actually, is somewhat of a takeoff

from the provision which exists in law today concerning the payment

of travel expenses in connection with evacuations. I would like, if

I may, to read very briefly from a provision which now appears in

section 1(d) of the Administrative Expenses Act, which was amended

to include this provision in 1950. This provides that—

When civilian employees of the United States are at places designated by the

respective departments as within zones from which their immediate families

should be vacated for military or other reasons, which create imminent danger to

life or property or adverse living conditions seriously affecting the health, safety,

or accommodations of said families, or upon transfer of assignment of duty of

such civilian employees to places where their immediate families are not for the;

aforesaid reasons permitted to accompany them, the immediate family and household goods may be transported at Government expense, under regulations as the

heads of the respective departments and agencies may prescribe, to such locations

as may be designated.

The provision appearing in the proposed legislation, is an attempt

to tie it in with this travel authority.

Mr. Johans en . This provision you have just quoted relates only

to travel authority. Now we are extending it to advance of pay.

Mr. Barclay . That is correct. It goes to the advance. But, of

course, this advance is an advance of his pay which he will presumably

later be entitled to. The idea was that if some quick evacuation

became necessary, either for military reasons or if some health reason

was present in the way of pestilence, or let’s take an example of

yellow fever in some area, if that could still happen, there could be

an evacuation of the immediate family and perhaps of the employee.

We don’t know. It is a rather broad provision.

Mr. Johansen . I will agree with that statement.

What type of situation is contemplated as occurring or developing

within the United States, that this law would be applicable to?

Mr. Barclay . I believe it was felt that we could have, at least

certainly for military reasons, the same type of situation that we

would have outside of the United States.

In case of an attack on a particular area in the United States,

where an evacuation was necessary, to another part of the United

States, there would be a possible application of this statute. It would

be permitted.

Now, the original bill was not specific, did not specifically pinpoint

within the United States, but it did have language which is just as

broad, where it said, “or such place as may be designated by the

President.”

We felt it should be pointed up to the subcommittee, that this

language was broad enough to cover within the United States and if

that was what was meant, it should be so stated.

Mr. Johan sen . I agree with that, the bill ought to state what is

meant and not obscure it.

I understood you to say the General Accounting Office had considerable difficulty in approving or justifying the regulations that had
38 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

been set forth, but apparently you overcame that difficulty in part on

the basis of a condition that the Congress enact legislation.

How long were these regulations to have the effect of law, before

the General Accounting Office deemed it necessary to rescind them,

because Congress had not, in its wisdom or lack of it, seen fit to act?

Mr. Barclay . I might point out in that connection, and this is

taken from our decision dated February 5, 1957, and is directed to the 

Secretary of Defense:

We will not object—

this is to quote—

We will not object to the use of these procedures and forms pending congressional

consideration of authorizing legislation both as to persons stationed overseas and

in the zone of interior, and with the understanding that our approval upon the

basis stated may be withdrawn in the event prompt action is not taken to obtain

such legislation.

Mr. Johansen . This was 4 years ago?

Mr. Barclay . Yes, sir. However, the Department immediately

did propose legislation at that time and transmitted it to the Buread

of the Budget for their consideration, and as I recall, that matter was

then sent to the Congress. It is true no final action has been taken,

but the matter has been a continuing proposition, and we heard that

this year there was a chance that consideration would be given to

the bill.

I believe we are in the position, in fact, of saying that if action is

not taken at this session, we certainly will have to consider very

seriously whether or not tlii& authority should be withdrawn.

Mr. Eckert . I wonder if I could add one thought, that you must

recall, too, Mr. Jphknsen. There have been no payments under this.

This is a procedure that was established.

Mr. Johansen . But there could have been.

Mr. Eckert . Yes, and there might be any day.

Mr. Johansen . My only comment is that I have always held the

General Accounting Office in the highest regard as an arm of the

Congress. I must say, however, and I hope you will convey to the

Comptroller General, my very great concern over the fact that

apparently this arm of the Congress, now assumes the authority to

approve procedures without legislative action, on the premise that

maybe some day we will act.

I am disturbed by that.

Mr. Barclay . I would like to point out that we did not feel at

the time that our authorization was in quite that status. For instance,

so far as the advance of payments, we did not authorize any such

payments, because there is a statute prohibiting advance of payments,

unless otherwise authorized by law.

So far as the continuance of compensation, there has always been

a great question as to the extent of the authority of heads of departments to consider employees in an administratively excused capacity.

It has, of course, been done in many situations on a limited basis.

The problem we felt was involved here was that we did not like too

much the extent to which this could go, that is the 6 months; but as

to what limit we would set by a determination of ours in lieu of the

determination by the head of the department as to an administrative

excusing, we felt we were not in a position to so state his limitations

in that respect.
ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES 39

So far as I am aware, they have never been stated precisely and it

was on that basis we approved the procedures, but with reservations

in the sense we felt there was a possibility of abuse of the authority.

Mr. Johansen . Am I correct in my understanding that what you

did authorize does not involve advance payments?

Mr. Barclay . That is correct, sir.

Mr. Johansen . Then I modify my criticism to that extent because

T was under the impression it also involved advance payment.

Mr. Barclay . No , sir.

Mr. Johans en . You do testify, however, that there &re quite a

number of devices by which the equivalent of advance or continuing

payment could be provided for a limited time in an emergency, even

without this legislation.

Mr. Barclay . Not so far as advances. Advances could not be

provided.

I am stating only that a man’s right to his compensation can in

fact continue under the present authority of excusing by the head

of the department, there being nothing in the law that precisely sets

up the limit of his authority in that respect.

Mr. Rousse lot . Is it your personal feeling the 6-month limitation

is needed?

Mr. Barclay . I would like to answer that this way, if I may:

The original H.R. 2462 and 2555 contain no limitation whatsoever.

We were concerned, when we discussed the changes to the bills, that

there should be some limitation. As to whether it should be 2 months,

6 months, I have no views on that.

Mr. Rous sel ot . From your experience of having dealt with this

problem of advancement, is it needed for 6 months? Would 2 or 3

months be satisfactory?

Mr. Barclay . I don’t think we can answer what types of situations

may be involved. I think it is impossible to really come to grips

with it in an absolute term.

Mr. Rousse lot . How much advancement can you get say for per

diem?

Mr. Barclay . Per diem is permitted to be advanced to the extent

of anticipated travel expenses you will have in the way of per diem.

There is no time limitation in the per diem law so far as advances.

Mr. Rous sel ot . What about dollar amount?

Mr. Barclay . No limitation so far as dollar amount. It is the

particular travel one may be involved on.

Mr. Rous sel ot . Except as established by the agency?

Mr. Barclay . The agency may set limitations on it. The Director, Bureau of the Budget, has regulatory authority. He promulgated regulations but they have not been definitive except in the

sense that they limit the advance to the approximate travel costs.

There is no 3, 30 days, 60 days limitation on advances so far as the

regulations of the Bureau.

Mr. Morri son . Mr. Gross?

Mr. Gros s. Mr. Barclay, under the very broad health and welfare provision on page 7, I assume that the employee within the

continental United States who might be evacuated—call it whatever you want—relocated, would come under the same 6-month

provision. Is that correct?

Mr. Barclay . Yes, that is correct.
40 ALLOTMENT OF PAY TO CERTAIN CIVILIAN EMPLOYEES

Mr. Gross . So he or she could be in a state of suspended animation

in the United States for 6 months, under that provision?

Mr. Barclay . I can see no difference, so far as the proposal, to

within or outside the United States. The authority is as broad

within as outside, as now worded.

Mr. Gross . Don’t you think that goes a long way with respect to

employees within the continental United States?

Mr. Barclay . Perhaps, sir; but I believe that actually is subject

to the 6-month limitation, within regulations of the President and

the Department head.

Mr. Gross . But that is terrifically broad authority. Now let me

ask you this question, Mr. Barclay.

I think you will agree with me there was a substantial evacuation

of personnel from Korea, in 1950?

Mr. Barclay . Yes, sir.

Mr. Gross . Why has no legislation been proposed, if there was

difficulty encountered in Korea? I can remember a private bill that

went through Congress, which I objected to originally and saved the

taxpayers some $300,000 to $400,000 in indemnification for loss of

personal property but I heard no one complain at that time or any

necessity for legislation of this kind as a result of the Korean

evacuation.

Why, in all of these years, hasn’t there been the contention that this

legislation was needed on the basis of the Korean evacuation which

certainly was substantial?

Mr. Barclay . It certainly was substantial numberswise. So far as

civilians I do not know the numbers. However, there existed and

still exists, of course, the authority to return the man to the United

States to his place of residence in the event the Government decides

that he no longer should stay in a given area in a duty status because of

various conditions.

So the Department already has the authority to bring him back to 

his place of residence in the United States, or to relocate him in

another position, if they have one, in which they can place him,

during the period of evacuation from a given point. And they may

have operated on that basis. I assume they'did.

Mr. Gros s. Mr. Chairman, I make this observation, with your

permission. Up to this point there have been no witnesses before

this subcommittee to substantiate the necessity for this legislation and

I hope that the State Department can do a better job than the witnesses have thus far.

Mr. Morrison . Mr. Dulski, have you any questions?

Mr. Dulski . No , Mr. Morrison.

Mr. Morris on . I wish to take this opportunity to thank the

witnesses who have appeared today for their most diligent effort.

They certainly have gone to a lot of preparation and their testimony

has been most beneficial and helpful to the committee and the committee will stand adjourned until further notice.

(Wherejj^qrry-^t11:25 a.m., the subcommittee was adjourned.)

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