A-33088, AUGUST 27, 1930, 10 COMP. GEN. 98

A-33088: Aug 27, 1930

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" IS AVAILABLE FOR PAYMENT OF CLERKS AND STENOGRAPHERS OR TYPISTS AND FOR STATIONERY. " WAS NOT AVAILABLE FOR THE "ESTABLISHMENT OR MAINTENANCE OF OFFICE ROOMS OR PROCUREMENT OF SUPPLIES SEPARATELY OR OTHER THAN AS A PART OF THE COURT ORGANIZATION.'. THE WORDING OF THE APPROPRIATION WAS CHANGED. YOU WILL FIND THE FOLLOWING ITEM: "PROBATION SYSTEM. YOUR ATTENTION IS INVITED TO THE ACT OF JUNE 6. YOUR DECISION IS REQUESTED ON THE FOLLOWING POINTS: 1. IS THE APPROPRIATION "PROBATION SYSTEM. IS THE SAID APPROPRIATION AVAILABLE FOR STATIONERY. WAS RENDERED. THE ONLY AUTHORITY FOR EXPENSES OF PROBATION OFFICERS WAS FOUND IN THE ACT OF MARCH 4. IT WAS HELD IN SAID DECISION THAT THE ACTUAL EXPENSE AUTHORIZED IN THE ACT OF MARCH 4.

A-33088, AUGUST 27, 1930, 10 COMP. GEN. 98

UNITED STATES COURTS - EXPENSES OF PROBATION OFFICERS IN VIEW OF THE AMENDMENT OF THE ACT OF MARCH 4, 1925, 43 STAT. 1260, BY THE ACT OF JUNE 6, 1930, 46 STAT. 503, AUTHORIZING "NECESSARY EXPENSES OF PROBATION OFFICERS, INCLUDING CLERICAL SERVICE, AND EXPENSES FOR TRAVELING WHEN APPROVED BY THE COURT," THE APPROPRIATION "PROBATION SYSTEM, UNITED STATES COURTS, 1931," IS AVAILABLE FOR PAYMENT OF CLERKS AND STENOGRAPHERS OR TYPISTS AND FOR STATIONERY, SUPPLIES, AND OTHER EQUIPMENT. 6 COMP. GEN. 138, NO LONGER APPLICABLE TO SUCH EXPENSES.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 27, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 19, 1930, AS FOLLOWS:

I ENCLOSE HEREWITH A LETTER FROM JOEL R. MOORE, SUPERVISOR OF PROBATION IN THE BUREAU OF PRISONS, AND AN OFFICE MEMORANDUM PREPARED BY W. T. HAMMACK, ASSISTANT DIRECTOR, BUREAU OF PRISONS, IN REFERENCE TO THE NECESSITY FOR PROVIDING CLERICAL HELP AND PURCHASING NECESSARY OFFICE SUPPLIES FOR SALARIED PROBATION OFFICERS.

IN YOUR DECISION DATED AUGUST 20, 1926 (6 COMP. GEN. 138), YOU HELD THAT THE APPROPRIATION ,PROBATION SYSTEM, UNITED STATES COURTS," WAS NOT AVAILABLE FOR THE "ESTABLISHMENT OR MAINTENANCE OF OFFICE ROOMS OR PROCUREMENT OF SUPPLIES SEPARATELY OR OTHER THAN AS A PART OF THE COURT ORGANIZATION.' SUBSEQUENTLY, THE WORDING OF THE APPROPRIATION WAS CHANGED, AND IN THE ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF STATE AND JUSTICE, ETC., FOR THE FISCAL YEAR 1931 (PUBLIC NO. 142, 71ST CONGRESS, APPROVED APRIL 18, 1930), YOU WILL FIND THE FOLLOWING ITEM:

"PROBATION SYSTEM, UNITED STATES COURTS: FOR SALARIES AND ACTUAL EXPENSES OF PROBATION OFFICERS, INCLUDING NECESSARY OFFICE EXPENSES, AS PROVIDED BY SECTION 3 OF THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A PROBATION SYSTEM IN THE UNITED STATES COURTS, EXCEPT IN THE DISTRICT OF COLUMBIA," APPROVED MARCH 4, 1925, (U.S.C., TITLE 18, SEC. 726), $25,000.'

THE SECOND DEFICIENCY ACT, FISCAL YEAR 1930 (PUBLIC NO. 519, 71ST CONGRESS, APPROVED JULY 3, 1930), CARRIES AN ADDITIONAL APPROPRIATION OF $175,000 FOR THE SAME PURPOSES, MAKING A TOTAL APPROPRIATION OF $200,000 FOR "PROBATION SYSTEM, UNITED STATES COURTS, 1931.'

IN CONNECTION WITH THE FOREGOING, YOUR ATTENTION IS INVITED TO THE ACT OF JUNE 6, 1930 (PUBLIC NO. 310, 71ST CONGRESS), WHICH AMENDS THE ACT ESTABLISHING A PROBATION SYSTEM IN THE UNITED STATES COURTS, AND PROVIDES THAT "THE ATTORNEY GENERAL SHALL FIX THE SALARIES TO BE PAID PROBATION OFFICERS, AND SHALL PROVIDE FOR THE NECESSARY EXPENSES OF PROBATION OFFICERS, INCLUDING CLERICAL SERVICE AND EXPENSES FOR TRAVEL WHEN APPROVED BY THE COURT.'

YOUR DECISION IS REQUESTED ON THE FOLLOWING POINTS:

1. IS THE APPROPRIATION "PROBATION SYSTEM, UNITED STATES COURTS, 1931" AVAILABLE FOR THE PAYMENT OF CLERKS, STENOGRAPHERS, OR TYPISTS, AS A NECESSARY OFFICE EXPENSE FOR SALARIED PROBATION OFFICERS?

2. IS THE SAID APPROPRIATION AVAILABLE FOR STATIONERY, SUPPLIES, AND OTHER EQUIPMENT, AS A NECESSARY OFFICE EXPENSE OF SALARIED PROBATION OFFICERS?

AT THE TIME THE DECISION OF AUGUST 20, 1926, 6 COMP. GEN. 138, WAS RENDERED, THE ONLY AUTHORITY FOR EXPENSES OF PROBATION OFFICERS WAS FOUND IN THE ACT OF MARCH 4, 1925, 43 STAT. 1260, WHICH PROVIDED:

* * * SUCH COURT MAY ALLOW ANY PROBATION OFFICER HIS ACTUAL EXPENSES NECESSARILY INCURRED IN THE PERFORMANCE OF HIS DUTIES. * * *

THE APPROPRIATIONS AT THAT TIME MADE PROVISIONS FOR "SALARIES AND ACTUAL EXPENSES OF PROBATION OFFICERS AS PROVIDED BY SECTION 3 OF THE ACT * * * APPROVED MARCH 4, 1925.' ACCORDINGLY, IT WAS HELD IN SAID DECISION THAT THE ACTUAL EXPENSE AUTHORIZED IN THE ACT OF MARCH 4, 1925, AND THE APPROPRIATION ACTS, RELATED TO EXPENSES OF THE PROBATION OFFICER PERSONALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF HIS DUTIES, AND THAT, IF AN OFFICE WERE NECESSARY, IT SHOULD BE ARRANGED FOR IN A FEDERAL BUILDING AND THAT SUPPLIES OR STATIONERY WOULD BE FOR FURNISHING FROM THE COURT SUPPLIES. THE APPROPRIATION ACTS CONTINUED THE SAME PROVISIONS IN IDENTICAL LANGUAGE UNTIL THE APPROPRIATION FOR THE FISCAL YEAR 1931, AS MADE IN THE ACT OF APRIL 18, 1930, 46 STAT. 173, WHICH DIFFERED FROM THE PRECEDING APPROPRIATIONS ONLY BY THE INSERTION THEREIN OF THE PHRASE "INCLUDING NECESSARY OFFICE EXPENSES.'

BY THE ACT APPROVED JUNE 6, 1930, 46 STAT. 503, THE PROVISIONS OF THE ACT OF MARCH 4, 1925, SUPRA, WERE AMENDED AND IT WAS PROVIDED THEREIN THAT THE ATTORNEY GENERAL "SHALL PROVIDE FOR THE NECESSARY EXPENSES OF PROBATION OFFICERS, INCLUDING CLERICAL SERVICE, AND EXPENSES FOR TRAVELING WHEN APPROVED BY THE COURT.' THE SECOND DEFICIENCY ACT FOR THE FISCAL YEAR 1930, APPROVED JULY 3, 1930, AFTER THE ABOVE AMENDMENT, CONTAINED AN ADDITIONAL APPROPRIATION OF $175,000 FOR PROBATION OFFICERS, THE LANGUAGE OF THE APPROPRIATION FOLLOWING THAT OF THE APPROPRIATION FOR THE FISCAL YEAR 1931, AND REFERRING TO THE ACT OF MARCH 4, 1925, AND NOT THE AMENDATORY ACT OF JUNE 3, 1930. HOWEVER, IT APPEARS FROM A REFERENCE TO THE HEARINGS UPON THE DEFICIENCY ACT OF 1930 THAT THE ADDITIONAL AMOUNT WAS FOR THE PURPOSE OF APPOINTING A LARGE NUMBER OF ADDITIONAL PROBATION OFFICERS AND WAS IN ANTICIPATION OF THE DEMAND FOR ADDITIONAL PROBATION OFFICERS BY THE COURTS WHEN THE PENDING AMENDATORY LEGISLATION SHOULD HAVE BEEN APPROVED AND THAT THE AMOUNT REQUESTED WAS ARRIVED AT BY ESTIMATING FOR 54 PROBATION OFFICERS AT ANNUAL SALARIES OF $2,600, OR A TOTAL OF $140,400. THE DIFFERENCE BETWEEN THAT AMOUNT AND THE $200,000 APPROPRIATED IN THE TWO ACTS BEING FOR EXPENSES "ALLOWING THEM SOMETHING FOR CLERICAL SERVICE AND OFFICE HELP AND TRAVEL.'

IN VIEW OF THE FACT THAT THE APPROPRIATIONS FOR 1931 SPECIFICALLY PROVIDED FOR NECESSARY OFFICE EXPENSES, AND THE ACT OF JUNE 6, 1930, HAS AUTHORIZED CLERICAL SERVICES AS A PART OF SUCH EXPENSES, YOUR TWO QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE.