A-18879, JUNE 25, 1927, 6 COMP. GEN. 846

A-18879: Jun 25, 1927

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IS NOT APPLICABLE TO SUCH PAYMENTS. REQUESTING DECISION AS TO THE APPROPRIATION THAT MAY PROPERLY BE CHARGED WITH MILEAGE OF OFFICERS OF THE ARMY WHEN TRAVELING ON DUTY IN CONNECTION WITH THE OBJECTS FOR WHICH AN APPROPRIATION WAS MADE BY THE ACT OF FEBRUARY 23. PROVIDES IN PART: THAT THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO HAVE MADE STUDIES AND INVESTIGATIONS AND. SURVEYS OF ALL BATTLE FIELDS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHEREON TROOPS OF THE UNITED STATES OR OF THE ORIGINAL THIRTEEN COLONIES HAVE BEEN ENGAGED AGAINST A COMMON ENEMY. PROVISION IS MADE IN ANNUAL APPROPRIATION ACTS MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR MILEAGE OF THE ARMY.

A-18879, JUNE 25, 1927, 6 COMP. GEN. 846

MILEAGE - TRAVEL WITHOUT TROOPS - ARMY OFFICERS - APPROPRIATION APPLICABLE PAYMENT OF MILEAGE TO COMMISSIONED OFFICERS OF THE ARMY TRAVELING WITHOUT TROOPS ON DUTY IN CONNECTION WITH STUDIES, SURVEYS, ETC., OF BATTLE FIELDS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES MAY BE MADE ONLY FROM THE REGULAR MILEAGE APPROPRIATIONS OF THE ARMY. THE APPROPRIATION "SURVEY OF BATTLE FIELDS, 1928," ACT OF FEBRUARY 23, 1927, 44 STAT. 1140, IS NOT APPLICABLE TO SUCH PAYMENTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JUNE 25, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER DATED JUNE 13, 1927, REQUESTING DECISION AS TO THE APPROPRIATION THAT MAY PROPERLY BE CHARGED WITH MILEAGE OF OFFICERS OF THE ARMY WHEN TRAVELING ON DUTY IN CONNECTION WITH THE OBJECTS FOR WHICH AN APPROPRIATION WAS MADE BY THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1140, WHICH READS:

FOR DEFRAYING THE COST OF STUDIES, SURVEYS, AND FIELD INVESTIGATIONS AUTHORIZED IN THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE STUDY AND INVESTIGATION OF BATTLE FIELDS IN THE UNITED STATES FOR COMMEMORATIVE PURPOSES," APPROVED JUNE 11, 1926, $15,000.

THE ACT OF JUNE 11, 1926, 44 STAT. 726, REFERRED TO, PROVIDES IN PART:

THAT THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO HAVE MADE STUDIES AND INVESTIGATIONS AND, WHERE NECESSARY, SURVEYS OF ALL BATTLE FIELDS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHEREON TROOPS OF THE UNITED STATES OR OF THE ORIGINAL THIRTEEN COLONIES HAVE BEEN ENGAGED AGAINST A COMMON ENEMY, WITH A VIEW TO PREPARING A GENERAL PLAN AND SUCH DETAILED PROJECTS AS MAY BE REQUIRED FOR PROPERLY COMMEMORATING SUCH BATTLE FIELDS OR OTHER ADJACENT POINTS OF HISTORIC AND MILITARY INTEREST.

PROVISION IS MADE IN ANNUAL APPROPRIATION ACTS MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR MILEAGE OF THE ARMY, READING:

FOR MILEAGE, REIMBURSEMENT OF ACTUAL TRAVELING EXPENSES, OR PER DIEM ALLOWANCES IN LIEU THEREOF, AS AUTHORIZED BY LAW, TO COMMISSIONED OFFICERS, WARRANT OFFICERS, CONTRACT SURGEONS, AND EXPERT ACCOUNTANT, INSPECTOR GENERAL'S DEPARTMENT, * * *.

THE QUESTION HERE FOR DECISION IS WHETHER THE PAYMENT OF MILEAGE TO COMMISSIONED OFFICERS OF THE ARMY FOR TRAVEL PERFORMED UNDER ORDERS AND WITHOUT TROOPS, WHO MAY BE ASSIGNED TO DUTY IN CONNECTION WITH THE MAKING OF NECESSARY STUDIES AND INVESTIGATIONS OF BATTLE FIELDS, AS CONTEMPLATED BY THE ENACTMENTS REFERRED TO ABOVE, MAY BE MADE FROM THE APPROPRIATION MADE BY THE ACT OF FEBRUARY 23, 1927, SUPRA, OR FROM APPROPRIATIONS FOR MILEAGE OF THE ARMY.

THE ACT OF APRIL 23, 1904, 33 STAT. 267, PROVIDED THAT THEREAFTER "ALL ALLOWANCES FOR MILEAGE SHALL BE MADE SOLELY FROM THE SUMS HEREIN APPROPRIATED FOR SUCH PURPOSES," AND THIS LEGISLATION HAS BEEN HELD TO BE PERMANENT LEGISLATION. 11 COMP. DEC. 178. THERE HAVE BEEN EXCEPTIONS MADE TO THE ACT OF 1904 AS, FOR EXAMPLE, THE ACT OF MAY 12, 1917, 40 STAT. 43, AND 65, WHICH PROVIDED THAT MILEAGE TO OFFICERS IN THE AVIATION SECTION, SIGNAL CORPS, AND TO OFFICERS OF THE ORDINANCE DEPARTMENT SHOULD BE PAID FROM THE APPROPRIATIONS FOR THE WORK IN CONNECTION WITH WHICH THE TRAVEL WAS PERFORMED. IN THIS CONNECTION SEE 26 COMP. DEC. 291; 27 ID. 1052.

IT HAS BEEN UNIFORMLY HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT WHERE ONE APPROPRIATION IS AVAILABLE FOR A SPECIFIC PURPOSE NO OTHER APPROPRIATION IS AVAILABLE FOR THAT PURPOSE UNLESS THE LANGUAGE OF THE MORE GENERAL APPROPRIATION INDICATES AN INTENTION UPON THE PART OF THE CONGRESS TO MAKE IT AVAILABLE IN ADDITION TO THE APPROPRIATION FOR THE SPECIFIC OBJECT. 1 COMP. DEC. 126, 317; 17 ID. 910; 5 COMP. GEN. 399.

ACCORDINGLY, IN REPLY TO YOUR REQUEST, YOU ARE ADVISED THAT THE APPROPRIATION FOR DEFRAYING THE COST OF STUDIES, SURVEYS, ETC., OF BATTLE FIELDS IN THE UNITED STATES IS NOT AVAILABLE AND MAY NOT BE USED FOR THE PAYMENT OF MILEAGE TO COMMISSIONED OFFICERS OF THE ARMY WHEN ENGAGED UPON SUCH DUTY, THE MILEAGE OF SUCH OFFICERS BEING PAYABLE ONLY FROM FUNDS PROVIDED UNDER MILEAGE OF THE ARMY IN ANNUAL APPROPRIATION ACTS FOR THE WAR DEPARTMENT.