A-27956, AUGUST 8, 1929, 9 COMP. GEN. 56

A-27956: Aug 8, 1929

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IS THE SOLE APPROPRIATION AVAILABLE FOR THAT FISCAL YEAR FOR THE PAYMENT OF TUITION OF ARMY OFFICERS AS AUTHORIZED BY THE ACT OF JUNE 8. 1929: THERE IS FOR CONSIDERATION THE QUESTION ARISING IN THE AUDIT OF THE 1929 ACCOUNTS OF MAJ. AS TO WHAT APPROPRIATION FOR THE FISCAL YEAR 1929 IS AVAILABLE FOR THE PAYMENT OF INSTRUCTORS IN THE JAPANESE LANGUAGE TO CERTAIN ARMY OFFICERS DETAILED TO THE AMERICAN EMBASSY. PROVIDES: THE SECRETARY OF WAR IS HEREBY AUTHORIZED. OTHER PLACES AS SHALL BE BEST SUITED TO ENABLE SUCH OFFICERS OR ENLISTED MEN TO ACQUIRE A KNOWLEDGE OF OR EXPERIENCE IN THE SPECIALTIES IN WHICH IT IS DEEMED NECESSARY THAT SUCH OFFICERS OR ENLISTED MEN SHALL PERFECT THEMSELVES. PROVISION WAS MADE FOR THE COST OF TUITION OF ARMY OFFICERS DETAILED AS STUDENTS AT CIVILIAN EDUCATIONAL INSTITUTIONS AS AUTHORIZED IN THE ABOVE PROVISIONS OF THE ACT OF JUNE 8.

A-27956, AUGUST 8, 1929, 9 COMP. GEN. 56

APPROPRIATIONS - WAR DEPARTMENT - TUITION OF ARMY OFFICERS THE APPROPRIATION "INCIDENTAL EXPENSES OF THE ARMY," AS CONTAINED IN THE ARMY APPROPRIATION ACT OF MARCH 23, 1928, 45 STAT. 333, FOR THE FISCAL YEAR 1929, IS THE SOLE APPROPRIATION AVAILABLE FOR THAT FISCAL YEAR FOR THE PAYMENT OF TUITION OF ARMY OFFICERS AS AUTHORIZED BY THE ACT OF JUNE 8, 1926, 44 STAT. 705.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 8, 1929:

THERE IS FOR CONSIDERATION THE QUESTION ARISING IN THE AUDIT OF THE 1929 ACCOUNTS OF MAJ. W. T. PIGOTT, INF. (DOL), FINANCE OFFICER, AS TO WHAT APPROPRIATION FOR THE FISCAL YEAR 1929 IS AVAILABLE FOR THE PAYMENT OF INSTRUCTORS IN THE JAPANESE LANGUAGE TO CERTAIN ARMY OFFICERS DETAILED TO THE AMERICAN EMBASSY, TOKYO, JAPAN, AS STUDENTS.

SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 8, 1926, 44 STAT. 705, PROVIDES:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED, IN HIS DISCRETION, TO DETAIL NOT TO EXCEED 2 PERCENTUM OF THE COMMISSIONED OFFICERS AND ONE HALF OF 1 PERCENTUM OF THE ENLISTED MEN OF THE REGULAR ARMY IN ANY FISCAL YEAR AS STUDENTS AT SUCH TECHNICAL, PROFESSIONAL, AND OTHER EDUCATIONAL INSTITUTIONS, OR AS STUDENTS, OBSERVERS, OR INVESTIGATORS AT SUCH INDUSTRIAL PLANTS, HOSPITALS, AND OTHER PLACES AS SHALL BE BEST SUITED TO ENABLE SUCH OFFICERS OR ENLISTED MEN TO ACQUIRE A KNOWLEDGE OF OR EXPERIENCE IN THE SPECIALTIES IN WHICH IT IS DEEMED NECESSARY THAT SUCH OFFICERS OR ENLISTED MEN SHALL PERFECT THEMSELVES. THE NUMBER OF OFFICERS SO DETAILED SHALL, AS FAR AS PRACTICABLE, BE DISTRIBUTED PROPORTIONATELY AMONG THE VARIOUS BRANCHES: PROVIDED, THAT NO EXPENSE SHALL BE INCURRED BY THE UNITED STATES IN ADDITION TO PAY AND ALLOWANCES OF THE OFFICERS OR ENLISTED MEN SO DETAILED, EXCEPT FOR THE COST OF TUITION AT SUCH TECHNICAL, PROFESSIONAL, AND OTHER EDUCATIONAL INSTITUTIONS: AND PROVIDED FURTHER, THAT THE ALLOWANCES AND TUITION FOR ENLISTED MEN DURING THE PERIOD OF SUCH DETAIL MAY BE PAID FROM ANY FUNDS APPROPRIATED FOR OR ALLOTTED TO THE PROCUREMENT BRANCHES: AND PROVIDED FURTHER, THAT THE SECRETARY OF WAR MAY FIX THE LENGTH OF ENLISTMENTS FOR THIS PURPOSE AT THREE YEARS OR LESS, AND THE TOTAL LENGTH OF DETAIL OF AN ENLISTED MAN SHALL NOT EXCEED 50 PERCENTUM OF HIS ENLISTMENT PERIOD.

IN THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1106, ET SEQ., MAKING APPROPRIATIONS FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR 1928, PROVISION WAS MADE FOR THE COST OF TUITION OF ARMY OFFICERS DETAILED AS STUDENTS AT CIVILIAN EDUCATIONAL INSTITUTIONS AS AUTHORIZED IN THE ABOVE PROVISIONS OF THE ACT OF JUNE 8, 1926, IN SEVERAL APPROPRIATIONS, AS FOLLOWS:

UNDER "CONTINGENCIES, MILITARY INTELLIGENCE DIVISION, GENERAL STAFF CORPS," FOR "COST OF SPECIAL INSTRUCTION AT HOME AND ABROAD; "

UNDER "SIGNAL SERVICE OF THE ARMY," FOR "TUITION, LABORATORY FEES, AND SO FORTH, FOR SIGNAL CORPS OFFICERS DETAILED TO CIVILIAN TECHNICAL SCHOOLS FOR THE PURPOSE OF PURSUING TECHNICAL COURSES OF INSTRUCTION ALONG SIGNAL CORPS LINES; "

UNDER "MEDICAL AND HOSPITAL DEPARTMENT," FOR "TUITION OF OFFICERS OF THE MEDICAL DEPARTMENT, INCLUDING THE ARMY NURSE CORPS, UNDER SECTION 127-A OF THE ARMY REORGANIZATION ACT APPROVED JUNE 4, 1920; "

UNDER "ENGINEER SCHOOL," FOR---

PAYMENT OF TUITION FEES OF NOT TO EXCEED FIFTY STUDENT OFFICERS AT CIVIL TECHNICAL INSTITUTIONS, IN ADDITION TO THE 2 PERCENTUM OF COMMISSIONED OFFICERS AUTHORIZED TO ATTEND TECHNICAL, PROFESSIONAL, AND OTHER EDUCATIONAL INSTITUTIONS AS PROVIDED FOR IN SECTION 127A OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF JUNE 4, 1920;

UNDER "ORDNANCE SERVICE," FOR "INSTRUCTION PURPOSES; "

UNDER "INSTRUCTION IN FIELD ARTILLERY ACTIVITIES," FOR "TUITION OF OFFICERS DETAILED AS STUDENT AT CIVIL EDUCATIONAL INSTITUTIONS; "

UNDER "INCIDENTAL EXPENSES OF THE ARMY" PROVISION IS MADE FOR THE TUITION OF OFFICERS NOT COVERED BY THE EXPRESS PROVISIONS OF THE OTHER APPROPRIATIONS AS FOLLOWS:

* * * AND SUCH ADDITIONAL EXPENDITURES AS ARE NECESSARY AND AUTHORIZED BY LAW IN THE MOVEMENTS AND OPERATION OF THE ARMY AND AT MILITARY POSTS, AND NOT EXPRESSLY ASSIGNED TO ANY OTHER DEPARTMENTS. * * *.

IN THE ACT OF MARCH 23, 1928, 45 STAT. 326, ET SEQ., MAKING APPROPRIATION FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR 1929, THE EXPRESS PROVISIONS FOR THE COST OF INSTRUCTION OR TUITION OF OFFICERS AS CONTAINED IN THE SEVERAL APPROPRIATIONS FOR THE PRIOR FISCAL YEAR WERE OMITTED, AND THE LANGUAGE USED IN THE APPROPRIATION,"INCIDENTAL EXPENSES OF THE ARMY," WAS CONTINUED.

THIS CHANGE WAS EXPLAINED IN H.R. REPORT NO. 497, ATTACHED TO THE BILL, AS FOLLOWS:

BEFORE DISCUSSING THE BILL AND THE EFFECT OF THE ACTION PROPOSED BY THE COMMITTEE, ATTENTION IS CALLED TO CERTAIN CHANGES THE COMMITTEE IS PROPOSING IN THE ORDER AND ARRANGEMENT OF THE BILL, WHICH IT IS FELT ARE IN THE INTEREST OF CLARITY, OF BETTER CONSIDERATION, AND OF REVEALING MORE READILY EXPENDITURES ON ACCOUNT OF CERTAIN ACTIVITIES, AND WHICH ALSO BRING TOGETHER RELATED OBJECTS OF EXPENDITURE. THE FIRST CHANGE * * *. THE NEXT CHANGE AFFECTS SEVEN APPROPRIATIONS UNDER THE QUARTERMASTER CORPS

(1) INVOLVING THE TRANSFER TO THE APPROPRIATION "INCIDENTAL EXPENSES" OF THE AMOUNTS CARRIED UNDER SIX APPROPRIATIONS UNDER AS MANY BRANCHES FOR TUITION EXPENSES, OCCASIONING A MONEY TRANSFER TOTALING $34,140. THE APPROPRIATIONS AND THE AMOUNTS TRANSFERRED ARE AS FOLLOWS:

TABLE

CONTINGENCIES, MILITARY INTELLIGENCE DIVISION -------------- $7,520

SIGNAL SERVICE OF THE ARMY --------------------------------- 2,210

MEDICAL AND HOSPITAL DEPARTMENT ---------------------------- 4,200

ENGINEER SCHOOL -------------------------------------------- 7,500

ORDNANCE SERVICE ------------------------------------------- 10,710

INSTRUCTION IN FIELD ARTILLERY ACTIVITIES ------------------ 2,000

TOTAL --------------------------------------------------- 34,140

SEE ALSO HEARINGS ON WAR DEPARTMENT APPROPRIATION BILL FOR 1929, PAGE 245 ET SEQ. IT THUS APPEARS THAT FOR THE FISCAL YEAR 1929 THE APPROPRIATION "INCIDENTAL EXPENSES OF THE ARMY" IS THE SOLE APPROPRIATION AVAILABLE FOR THE PAYMENT OF THE COST OF TUITION OF OFFICERS AS AUTHORIZED BY THE ACT OF JUNE 8, 1926.