A-31311, MAY 9, 1930, 9 COMP. GEN. 471

A-31311: May 9, 1930

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AUTHORIZING THE ESTABLISHMENT OF NARCOTIC FARMS ARE NOT AVAILABLE FOR THE PURCHASE OF REFERENCE BOOKS AND PERIODICALS. UNDER SAID APPROPRIATIONS THERE IS ALSO NO AUTHORITY FOR THE EMPLOYMENT OF PROFESSIONAL AND TECHNICAL PERSONNEL IN CONNECTION WITH SPECIAL STUDIES AND INVESTIGATIONS IN THE DISTRICT OF COLUMBIA OR ELSEWHERE OF EXISTING PUBLIC OR PRIVATE INSTITUTIONS THAT MAY BE CARING FOR PERSONS ADDICTED TO THE USE OF HABIT-FORMING NARCOTIC DRUGS. EXCEPT SUCH PERSONNEL AS IS SPECIFICALLY AUTHORIZED TO BE EMPLOYED BY THE ACT OF JANUARY 19. AS FOLLOWS: YOUR OPINION IS RESPECTFULLY REQUESTED WHETHER SUFFICIENT AUTHORITY OBTAINS IN LAW FOR THE EXPENDITURE OF PUBLIC FUNDS. YOUR ATTENTION IS INVITED TO THE FOLLOWING REFERENCES RESPECTING THE LAW IN QUESTION: U.S.C.

A-31311, MAY 9, 1930, 9 COMP. GEN. 471

APPROPRIATIONS - NARCOTIC FARMS - PURCHASE OF BOOKS OF REFERENCE AND EMPLOYMENT OF PROFESSIONAL AND TECHNICAL PERSONNEL - PUBLIC HEALTH SERVICE THE APPROPRIATIONS MADE FOR CARRYING OUT THE PROVISIONS OF THE ACT OF JANUARY 19, 1929, 45 STAT. 1086, AUTHORIZING THE ESTABLISHMENT OF NARCOTIC FARMS ARE NOT AVAILABLE FOR THE PURCHASE OF REFERENCE BOOKS AND PERIODICALS, NOT BEING MADE SPECIFICALLY AVAILABLE FOR THE PURPOSE AS REQUIRED BY SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316. UNDER SAID APPROPRIATIONS THERE IS ALSO NO AUTHORITY FOR THE EMPLOYMENT OF PROFESSIONAL AND TECHNICAL PERSONNEL IN CONNECTION WITH SPECIAL STUDIES AND INVESTIGATIONS IN THE DISTRICT OF COLUMBIA OR ELSEWHERE OF EXISTING PUBLIC OR PRIVATE INSTITUTIONS THAT MAY BE CARING FOR PERSONS ADDICTED TO THE USE OF HABIT-FORMING NARCOTIC DRUGS, EXCEPT SUCH PERSONNEL AS IS SPECIFICALLY AUTHORIZED TO BE EMPLOYED BY THE ACT OF JANUARY 19, 1929, 45 STAT. 1086.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 9, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 7, 1930, AS FOLLOWS:

YOUR OPINION IS RESPECTFULLY REQUESTED WHETHER SUFFICIENT AUTHORITY OBTAINS IN LAW FOR THE EXPENDITURE OF PUBLIC FUNDS, AVAILABLE TO THE NARCOTICS DIVISION IN THE OFFICE OF THE SURGEON GENERAL OF THE UNITED STATES PUBLIC HEALTH SERVICE, TREASURY DEPARTMENT, FOR THE CONDUCT OF SPECIAL STUDIES AND INVESTIGATIONS IN EXISTING PUBLIC OR PRIVATE INSTITUTIONS THAT MAY BE CARING FOR PERSONS ADDICTED TO THE USE OF HABIT FORMING NARCOTIC DRUGS; WHETHER, IN A MORE SPECIFIC SENSE, AUTHORITY EXISTS FOR THE EMPLOYMENT OF PROFESSIONAL, TECHNICAL, SUBPROFESSIONAL, OR CLERICAL PERSONNEL IN CONNECTION WITH SUCH STUDIES AND INVESTIGATIONS IN THE DISTRICT OF COLUMBIA OR ELSEWHERE; AND WHETHER SUCH FUNDS MAY BE EXPENDED FOR THE PURCHASE OF MEDICAL REFERENCE BOOKS AND CURRENT MEDICAL PERIODICALS INCIDENT TO, AND NECESSARY FOR, THE PROPER CONDUCT OF SUCH STUDIES AND INVESTIGATIONS.

AS A MATTER OF CONVENIENCE, YOUR ATTENTION IS INVITED TO THE FOLLOWING REFERENCES RESPECTING THE LAW IN QUESTION: U.S.C., TITLE 42, SEC. 1; U.S.C., SUPPLEMENT III, TITLE 21, SEC. 225; ACT MAR. 4, 1929 VOL. 45, P. 1654.

IN EXPLANATION OF THE REASONS FOR REQUESTING YOUR OPINIONS UPON THE ABOVE -MENTIONED SUBJECT, I WOULD RESPECTFULLY INVITE YOUR ATTENTION TO THE FACT THAT THE UNITED STATES DISCIPLINARY BARRACKS, UNDER THE JURISDICTION OF THE DEPARTMENT OF WAR, WAS SOMETIME AGO TEMPORARILY TRANSFERRED TO THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, AND IS NOW BEING OPERATED AS THE UNITED STATES PENITENTIARY ANNEX, LEAVENWORTH, KANSAS. THAT INSTITUTION IS NOW USED ALMOST EXCLUSIVELY FOR THE CONFINEMENT OF PERSONS ADDICTED TO THE USE OF HABIT-FORMING DRUGS WHO HAVE COMMITTED OFFENSES AGAINST THE UNITED STATES.

IN ANTICIPATION OF THE ESTABLISHMENT OF TWO UNITED STATES NARCOTIC FARMS, AUTHORIZED IN THE ACT APPROVED JANUARY 19, 1929, IT IS DESIRABLE TO UTILIZE THE CLINICAL MATERIAL AVAILABLE FOR STUDY IN THE PENITENTIARY ANNEX AT LEAVENWORTH. STUDIES, OBSERVATIONS, AND INVESTIGATIONS WITH REFERENCE TO THE INMATES OF THIS INSTITUTION WOULD BE OF VERY GREAT VALUE PRELIMINARY TO THE DEVELOPMENT OF PLANS, BUILDINGS, PREPARATION OR REGULATIONS, AND OTHER PRELIMINARY ACTIVITIES INCIDENT AND NECESSARY FOR THE ESTABLISHMENT OF THE TWO UNITED STATES NARCOTIC FARMS. THE INFORMATION GAINED THROUGH THESE SPECIAL STUDIES AND INVESTIGATIONS WOULD BE OF VERY GREAT ASSISTANCE AND VALUE, AND AN EARLY EXPRESSION OF AN OPINION OF THE QUESTION RAISED WOULD BE GREATLY APPRECIATED.

THE NARCOTICS DIVISION OF THE PUBLIC HEALTH SERVICE WAS ESTABLISHED BY THE ACT OF JANUARY 19, 1929, 45 STAT. 1086, FOR THE PURPOSE OF TAKING CHARGE OF TWO NARCOTIC FARMS AUTHORIZED TO BE ESTABLISHED UNDER THAT ACT. THE FIRST APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF THAT ACT WAS CONTAINED IN THE SECOND DEFICIENCY ACT OF MARCH 4, 1929, 45 STAT. 1654, IN THE FOLLOWING LANGUAGE:

NARCOTIC FARMS: FOR PRELIMINARY EXPENSES INCIDENT TO CARRYING OUT THE PROVISION OF THE ACT APPROVED JANUARY 19, 1929, AUTHORIZING THE ESTABLISHMENT OF TWO NARCOTIC FARMS INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE; FREIGHT, TRANSPORTATION, AND TRAVELING EXPENSES, AND THE PACKING, CRATING, DRAYAGE, AND TRANSPORTATION OF THE PERSONAL EFFECTS OF THE PERSONNEL OF THE PUBLIC HEALTH SERVICE UPON PERMANENT CHANGE OF STATION, FISCAL YEARS 1929 AND 1930, $10,000.

SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, PROVIDES:

THAT HEREAFTER LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS FOR USE OF ANY EXECUTIVE DEPARTMENT, OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT, AT THE SEAT OF GOVERNMENT, SHALL NOT BE PURCHASED OR PAID FOR FROM ANY APPROPRIATION MADE FOR CONTINGENT EXPENSES OR FOR ANY SPECIFIC OR GENERAL PURPOSE UNLESS SUCH PURCHASE IS AUTHORIZED AND PAYMENT THEREFOR SPECIFICALLY PROVIDED IN THE LAW GRANTING THE APPROPRIATION:

AS THE APPROPRIATION FOR THE EXPENSES OF THE NARCOTICS DIVISION DOES NOT SPECIFICALLY AUTHORIZE THE PURCHASE OF BOOKS OF REFERENCE OR PERIODICALS, ITS USE FOR SUCH PURPOSES IS PROHIBITED BY THE ACT OF 1898, SUPRA. SEE 3 COMP. GEN. 977; 6 ID. 573; A-17495, MARCH 14, 1927; AND A-26112, MARCH 22, 1929.

WITH RESPECT TO THE MATTER OF EMPLOYING PERSONNEL THE APPROPRIATION PROVIDES FOR THE PAYMENT OF EXPENSES "INCIDENT TO CARRYING OUT THE PROVISION OF THE ACT OF JANUARY 19, 1929, * * * INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE.' SAID ACT OF JANUARY 19, 1929, PROVIDES FOR THE SELECTION BY THE ATTORNEY GENERAL,SECRETARY OF THE TREASURY, AND SECRETARY OF WAR, OF SITES FOR TWO NARCOTIC FARMS AND THAT UPON THE SELECTION OF SUCH SITES THE SECRETARY OF THE TREASURY SHALL SUBMIT TO THE CONGRESS ESTIMATES OF THE COST OF PURCHASING THE SAME, TOGETHER WITH PLANS AND ESTIMATES OF THE EXPENSES NECESSARY FOR THE CONSTRUCTION OF PROPER BUILDINGS THEREON, AND, AT THE SAME TIME AND ANNUALLY THEREAFTER, SHALL SUBMIT ESTIMATES IN DETAIL FOR ALL EXPENSES OF MAINTAINING SUCH NARCOTIC FARMS.

SECTIONS 5, 6, AND 9 OF THE ACT PROVIDE AS FOLLOWS:

SEC. 5. THAT THE CONTROL AND MANAGEMENT OF THE UNITED STATES NARCOTIC FARMS SHALL BE VESTED IN THE SECRETARY OF THE TREASURY, WHO SHALL HAVE POWER TO APPOINT COMPETENT SUPERINTENDENTS, ASSISTANT SUPERINTENDENTS, PHYSICIANS, PHARMACISTS, PSYCHOLOGISTS, NURSES, AND ALL OTHER OFFICERS AND EMPLOYEES NECESSARY FOR THE SAFE-KEEPING, CARE, PROTECTION, TREATMENT, AND DISCIPLINE OF THE INMATES. THERE IS HEREBY CREATED IN THE OFFICE OF THE SURGEON GENERAL, OF THE BUREAU OF THE PUBLIC HEALTH SERVICE, IN THE DEPARTMENT OF THE TREASURY, A DIVISION TO BE KNOWN AS THE NARCOTICS DIVISION, WHICH SHALL BE IN CHARGE OF A PHYSICIAN TRAINED IN THE TREATMENT AND CARE OF NARCOTIC ADDICTS, AND WHICH DIVISION SHALL HAVE CHARGE OF THE MANAGEMENT, DISCIPLINE, AND METHODS OF TREATMENT OF SAID UNITED STATES NARCOTIC FARMS UNDER THE RULES AND REGULATIONS PROMULGATED BY THE SECRETARY OF THE TREASURY.

SEC. 6. THAT THE CARE, DISCIPLINE, AND TREATMENT OF THE PERSONS ADMITTED TO OR CONFINED IN A UNITED STATES NARCOTIC FARM SHALL BE DESIGNED TO REHABILITATE THEM, RESTORE THEM TO HEALTH, AND WHERE NECESSARY TRAIN THEM TO BE SELF-SUPPORTING AND SELF-RELIANT. FOR THIS PURPOSE THE SECRETARY OF THE TREASURY SHALL HAVE AUTHORITY TO PROMULGATE ALL NECESSARY RULES AND REGULATIONS FOR THE GOVERNMENT OF THE OFFICERS AND INMATES OF SAID UNITED STATES NARCOTIC FARMS. * * *.

SEC. 9. THAT THE INMATES OF SAID NARCOTIC FARMS SHALL BE EMPLOYED IN SUCH MANNER AND UNDER SUCH CONDITIONS AS THE SECRETARY OF THE TREASURY MAY DIRECT. * * *

WHEN THE APPROPRIATION OF $10,000, SUPRA, WAS UNDER CONSIDERATION BY THE SUBCOMMITTEE OF THE HOUSE COMMITTEE ON APPROPRIATIONS IT APPEARS FROM THE HEARINGS THAT IN REPLY TO A DIRECT QUESTION AS TO WHAT WAS PROPOSED TO BE DONE WITH THE AMOUNT IT WAS STATED BY DOCTOR TREADWAY WHO APPEARS TO HAVE BEEN PUT IN CHARGE OF THE NARCOTICS DIVISION IN THE BUREAU OF PUBLIC HEALTH SERVICE:

WE EXPECT TO EMPLOY A CLERK, AND PAY SOME TRAVELING EXPENSES, AND THE SALARY OF THE OFFICER WHO IS IN CHARGE OF THAT ACTIVITY. (SEE HEARINGS ON THE SECOND DEFICIENCY BILL FOR 1929, P. 238.)

IT WAS STATED ALSO THAT IT WAS THOUGHT WISE FOR THE PUBLIC HEALTH SERVICE DOCTOR IN CHARGE OF THE DIVISION TO STUDY THE EXISTING INSTITUTIONS PARTICULARLY IN CALIFORNIA AND BOSTON, SO AS TO GATHER SUCH INFORMATION AND DATA AS WERE NECESSARY FOR SUBMITTING ESTIMATES TO THE CONGRESS FOR THE NECESSARY COST OF FARM SITES, CONSTRUCTION OF BUILDINGS, AND MAINTENANCE, OPERATION, ETC., OF THE NARCOTIC FARMS.

FOR THE FISCAL YEAR 1931 THERE HAVE BEEN SUBMITTED ESTIMATES FOR THE EXPENSES OF THE NARCOTICS DIVISION IN THE SUM OF $10,900 AS TO WHICH IT WAS STATED BEFORE THE SUBCOMMITTEE OF THE HOUSE COMMITTEE ON APPROPRIATIONS THAT $9,110 WAS FOR THE PAYMENT OF SALARIES AND $1,790 FOR TRAVEL AND INCIDENTAL EXPENSES. (SEE HEARINGS ON THE TREASURY DEPARTMENT APPROPRIATION BILL FOR 1931, P. 625.)

THERE IS NOTHING IN THE APPROPRIATION HERETOFORE MADE FOR THE EXPENSES OF THE NARCOTICS DIVISION NOR IN THE ACT OF JANUARY 19, 1929, CREATING THE SAME, THAT CAN BE CONSTRUED AS CONTEMPLATING OR AUTHORIZING THE EMPLOYMENT OF PROFESSIONAL, TECHNICAL, SUBPROFESSIONAL, OR CLERICAL PERSONNEL IN CONNECTION WITH SPECIAL STUDIES AND INVESTIGATIONS IN THE DISTRICT OF COLUMBIA OR ELSEWHERE OF EXISTING PUBLIC OR PRIVATE INSTITUTIONS THAT MAY BE CARING FOR PERSONS ADDICTED TO THE USE OF HABIT-FORMING NARCOTIC DRUGS. IT WOULD APPEAR, ON THE CONTRARY, FROM THE LAWS CITED AND FROM THE HEARINGS HEREIN REFERRED TO, THAT THE FUNDS MADE AVAILABLE FOR THE EXPENSES OF THE NARCOTICS DIVISION ARE TO TAKE CARE OF THE EXPENSES OF PREPARING ESTIMATES OF THE COSTS OF THE SELECTED SITES, AND PLANS AND ESTIMATES FOR THE NECESSARY BUILDINGS TO BE ERECTED, THE ORGANIZATION OF THE NARCOTICS DIVISION AND OTHER INCIDENTAL EXPENSES.

IT IS NOTED THE LAW PROVIDES IN SPECIFIC TERMS THAT THE NARCOTICS DIVISION SHALL BE IN CHARGE OF A PHYSICIAN "TRAINED IN THE TREATMENT AND CARE OF NARCOTIC ADDICTS; " AND IN SECTION 6 IT IS PROVIDED THAT THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE SHALL GIVE THE AUTHORIZED REPRESENTATIVES OF EACH STATE THE BENEFIT OF HIS EXPERIENCE IN THE ADMINISTRATION OF SAID UNITED STATES NARCOTIC FARMS AND THE TREATMENT OF PERSONS CONFINED THEREIN. FROM THIS IT WOULD APPEAR THAT THE PURPOSE AND INTENT OF THE LAW IS THAT THE FARMS BE ESTABLISHED FOR THE STUDY AND INVESTIGATION OF THE DRUG ADDICT PROBLEM AND THE TREATMENT AND CARE OF PERSONS ADDICTED TO THE HABIT RATHER THAN EXTENSIVE STUDIES AND INVESTIGATIONS IN THE DRUG ADDICT FIELD PRIOR TO THE ESTABLISHMENT OF THE FARMS.

SECTION 5 OF THE ACT OF JANUARY 19, 1929, STIPULATES SPECIFICALLY WHAT PERSONNEL IS AUTHORIZED TO BE EMPLOYED TO CARRY OUT THE PROVISIONS OF THE ACT IN QUESTION, BY PROVIDING THAT THE NARCOTICS DIVISION SHALL BE IN CHARGE OF A PHYSICIAN "TRAINED IN THE TREATMENT AND CARE OF NARCOTIC DDICTS" AND, ALSO, FOR THE APPOINTMENT OF COMPETENT SUPERINTENDENTS, ASSISTANT SUPERINTENDENTS, PHYSICIANS, PHARMACISTS, PSYCHOLOGISTS, NURSES, AND ALL OTHER OFFICERS AND EMPLOYEES "NECESSARY FOR THE SAFE-KEEPING, CARE, PROTECTION, TREATMENT, AND DISCIPLINE OF THE INMATES" OF THE FARMS. SUCH EMPLOYEES APPEAR TO BE THE ONLY PERSONNEL AUTHORIZED TO BE EMPLOYED IN THE CARRYING OUT OF THE PROVISIONS OF THE ACT OF JANUARY 19, 1929.