A-35875, APRIL 2, 1931, 10 COMP. GEN. 453

A-35875: Apr 2, 1931

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FOR INCIDENTAL EXPENSES OF CONTRACT AIR MAIL SERVICE IS AVAILABLE FOR THE COST OF SUCH MEDALS. 1931: I HAVE YOUR LETTER OF MARCH 18. FOR THE CONTRACT AIR MAIL SERVICE IS AVAILABLE FOR THE PAYMENT OF NECESSARY EXPENSES IN CONNECTION WITH THE DESIGN. PROVIDES: THAT THE PRESIDENT IS HEREBY AUTHORIZED. IN CASE AN INDIVIDUAL WHO DISTINGUISHES HIMSELF SHALL HAVE DIED BEFORE THE MAKING OF THE AWARD TO WHICH HE MAY BE ENTITLED. THERE WAS NOT INCLUDED IN THE LATTER ACT SPECIFIC PROVISION FOR THE EXPENSES OF THE DESIGN. IF THE REGULAR ANNUAL APPROPRIATIONS ARE SUFFICIENT THEREFOR WITHOUT CREATING A DEFICIT.

A-35875, APRIL 2, 1931, 10 COMP. GEN. 453

APPROPRIATIONS - AUTHORIZATION - MEDALS FOR AIR MAIL FLYERS WHEN AN ACT OF CONGRESS AUTHORIZES THE ACCOMPLISHMENT OF A PARTICULAR PURPOSE OR THING IN CONNECTION WITH A REGULARLY AUTHORIZED SERVICE OF THE GOVERNMENT, AN APPROPRIATION USUALLY FOLLOWS IN A SEPARATE ACT OR IN SOME OTHER APPROPRIATION ACT FOR CARRYING OUT THE AUTHORIZED WORK. THERE BEING NO SPECIFIC APPROPRIATION FOR THE MEDAL OF HONOR FOR AIR MAIL FLYERS AUTHORIZED BY THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1110, THE ANNUAL APPROPRIATION ACT OF FEBRUARY 23, 1931, 46 STAT. 1239, FOR INCIDENTAL EXPENSES OF CONTRACT AIR MAIL SERVICE IS AVAILABLE FOR THE COST OF SUCH MEDALS.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, APRIL 2, 1931:

I HAVE YOUR LETTER OF MARCH 18, 1931, REQUESTING DECISION WHETHER THE APPROPRIATION CONTAINED IN THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1239, FOR THE CONTRACT AIR MAIL SERVICE IS AVAILABLE FOR THE PAYMENT OF NECESSARY EXPENSES IN CONNECTION WITH THE DESIGN, PURCHASE, AND AWARD OF THE AIR MAIL FLYER'S MEDAL OF HONOR AUTHORIZED BY THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1110, TO BE AWARDED UNDER CERTAIN CONDITIONS TO AIR MAIL PILOTS.

THE ACT OF FEBRUARY 14, 1931, PROVIDES:

THAT THE PRESIDENT IS HEREBY AUTHORIZED, UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE, TO PRESENT, BUT NOT IN THE NAME OF CONGRESS, AN AIR- MAIL FLYER'S MEDAL OF HONOR, OF APPROPRIATE DESIGN, WITH ACCOMPANYING RIBBON, TO ANY PERSON WHO, WHILE SERVING AS A PILOT IN THE AIR MAIL SERVICE SINCE MAY 15, 1918, HAS DISTINGUISHED, OR WHO, AFTER THE APPROVAL OF THIS ACT, DISTINGUISHES HIMSELF BY HEROISM OR EXTRAORDINARY ACHIEVEMENT WHILE PARTICIPATING IN SUCH SERVICE: PROVIDED, THAT NO MORE THAN ONE AIR- MAIL FLYER'S MEDAL OF HONOR SHALL BE ISSUED TO ANY ONE PERSON, BUT FOR EACH SUCCEEDING ACT OR ACHIEVEMENT SUFFICIENT TO JUSTIFY THE AWARD OF AN AIR-MAIL FLYER'S MEDAL THE PRESIDENT MAY AWARD A SUITABLE BAR OR OTHER SUITABLE DEVICE TO BE WORN AS HE SHALL DIRECT. IN CASE AN INDIVIDUAL WHO DISTINGUISHES HIMSELF SHALL HAVE DIED BEFORE THE MAKING OF THE AWARD TO WHICH HE MAY BE ENTITLED, THE AWARD MAY NEVERTHELESS BE MADE AND THE MEDAL OR THE BAR OR OTHER DEVICE PRESENTED TO SUCH REPRESENTATIVE OF THE DECEASED AS THE PRESIDENT MAY DESIGNATE, BUT NO MEDAL, BAR, OR OTHER DEVICE HEREINBEFORE AUTHORIZED SHALL BE AWARDED OR PRESENTED TO ANY INDIVIDUAL WHOSE ENTIRE SERVICE SUBSEQUENT TO THE TIME HE DISTINGUISHES HIMSELF HAS NOT BEEN HONORABLE.

THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1239, MAKING APPROPRIATION FOR THE CONTRACT AIR MAIL SERVICE PROVIDES:

FOR THE INLAND TRANSPORTATION OF MAIL BY AIRCRAFT, UNDER CONTRACT AS AUTHORIZED BY LAW, AND FOR THE INCIDENTAL EXPENSES THEREOF, INCLUDING NOT TO EXCEED $30,000 FOR SUPERVISORY OFFICIALS AND CLERKS AT AIR MAIL TRANSFER POINTS, AND NOT TO EXCEED $46,000 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND INCIDENTAL AND TRAVEL EXPENSES, $20,000,000.

THE ACT AUTHORIZING THE AWARD OF THE MEDALS DOES NOT, IN SPECIFIC TERMS, MAKE AN APPROPRIATION THEREFOR, AND IN THIS CONNECTION THE CONGRESS HAS EXPRESSLY ENJOINED CONSTRUING AN ACT OF CONGRESS AS MAKING AN APPROPRIATION UNLESS THE ACT SHALL SO DECLARE IN SPECIFIC TERMS. SEE ACT OF JULY 1, 1902, 32 STAT. 560, ALSO, ACT OF JUNE 30, 1906, 34 STAT. 764. ORDINARILY, AN ACT SUCH AS THE ONE HERE INVOLVED AUTHORIZING THE ACCOMPLISHMENT OF A PARTICULAR PURPOSE OR THING WOULD BE FOLLOWED BY AN APPROPRIATION MADE IN A SEPARATE ACT OR INCLUDED IN SOME OTHER APPROPRIATION ACT, FOR CARRYING OUT THE WORK. IT APPEARS THAT IN VIEW OF THE CONSIDERATION BY THE CONGRESS OF THE ACT AUTHORIZING THE AWARD OF THE MEDALS AND THE ACT MAKING ANNUAL APPROPRIATIONS FOR THE CONTRACT AIR-MAIL SERVICE CONCURRENTLY, THERE WAS NOT INCLUDED IN THE LATTER ACT SPECIFIC PROVISION FOR THE EXPENSES OF THE DESIGN, PURCHASE, AND AWARD OF THE MEDALS. THE APPROPRIATION ACT DOES, HOWEVER, PROVIDE FOR INCIDENTAL EXPENSES IN CONNECTION WITH THE TRANSPORTATION OF INLAND MAIL BY AIRCRAFT AND IN VIEW OF THE CLEAR INTENDMENT OF THE CONGRESS TO MAKE PROVISION FOR SOME RECOGNITION OF OUTSTANDING SERVICES BY AIR-MAIL PILOTS BY THE AWARD OF MEDALS UNDER CERTAIN CONDITIONS, SUCH ACT MAY BE VIEWED AS AN AUTHORIZATION TO INCLUDE THE NEEDED AMOUNTS IN THE ANNUAL APPROPRIATION ACT AND THERE WOULD APPEAR TO BE NO NEED FOR ANY SEPARATE OR DISTINCT APPROPRIATION TO CARRY OUT THE PROVISIONS OF THE SAID ACT OF FEBRUARY 14, 1931, IF THE REGULAR ANNUAL APPROPRIATIONS ARE SUFFICIENT THEREFOR WITHOUT CREATING A DEFICIT.

ACCORDINGLY, THE EXPENSES IN CONNECTION WITH THE DESIGN, PURCHASE, AND AWARD OF MEDALS MAY BE REGARDED AS INCIDENTAL TO THE INLAND TRANSPORTATION OF THE MAILS BY AIRCRAFT AND, AS SUCH, MAY BE PAID FROM THE REGULAR APPROPRIATION FOR THE CONTRACT AIR-MAIL SERVICE.