A-78946, SEPTEMBER 24, 1936, 16 COMP. GEN. 309

A-78946: Sep 24, 1936

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RACE HORSE "DOPING" - SUPPRESSION - FEDERAL AND STATE COOPERATION THERE IS NO OBJECTION TO THE TREASURY DEPARTMENT COOPERATING THROUGH THE BUREAU OF NARCOTICS WITH THE STATES IN THE SUPPRESSION OF RACE HORSE "DOPING. " IF STATE CONTRIBUTIONS FOR THAT PURPOSE ARE HANDLED AS TRUST FUNDS PURSUANT TO SECTION 20 OF THE PERMANENT APPROPRIATION REPEAL ACT. IS AS FOLLOWS: IT HAS COME TO THE DEPARTMENT'S ATTENTION THAT THE PRACTICE OF ADMINISTERING NARCOTIC DRUGS TO RACEHORSES TO AFFECT THEIR PERFORMANCE ON THE TRACK HAS BECOME VERY PREVALENT. STATE RACING COMMISSIONS HAVE HAD LITTLE SUCCESS IN CURBING THIS PRACTICE DUE TO THE LACK OF FACILITIES AND LACK OF KNOWLEDGE OF THE METHODS FOR DETECTING THE PRESENCE OF DRUGSIN HORSES.

A-78946, SEPTEMBER 24, 1936, 16 COMP. GEN. 309

RACE HORSE "DOPING" - SUPPRESSION - FEDERAL AND STATE COOPERATION THERE IS NO OBJECTION TO THE TREASURY DEPARTMENT COOPERATING THROUGH THE BUREAU OF NARCOTICS WITH THE STATES IN THE SUPPRESSION OF RACE HORSE "DOPING," IF STATE CONTRIBUTIONS FOR THAT PURPOSE ARE HANDLED AS TRUST FUNDS PURSUANT TO SECTION 20 OF THE PERMANENT APPROPRIATION REPEAL ACT, 1934, 48 STAT. 1233, BUT STATE FUNDS MADE AVAILABLE IN THIS CONNECTION MAY NOT BE CREDITED TO THE REGULAR APPROPRIATION OF THE BUREAU FOR USE IN OBTAINING ADDITIONAL EQUIPMENT OR PERSONNEL IN THE ABSENCE OF SPECIFIC LEGISLATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, SEPTEMBER 24, 1936:

YOUR LETTER OF JULY 20, 1936, IS AS FOLLOWS:

IT HAS COME TO THE DEPARTMENT'S ATTENTION THAT THE PRACTICE OF ADMINISTERING NARCOTIC DRUGS TO RACEHORSES TO AFFECT THEIR PERFORMANCE ON THE TRACK HAS BECOME VERY PREVALENT. STATE RACING COMMISSIONS HAVE HAD LITTLE SUCCESS IN CURBING THIS PRACTICE DUE TO THE LACK OF FACILITIES AND LACK OF KNOWLEDGE OF THE METHODS FOR DETECTING THE PRESENCE OF DRUGSIN HORSES. THE TREASURY DEPARTMENT LABORATORY HAS AN IMPROVED METHOD OF TESTING SALIVA OF HORSES FOR NARCOTICS WHICH IS EFFECTIVE IN INDICATING WHETHER SUCH NARCOTICS HAVE BEEN PREVIOUSLY ADMINISTERED TO THE ANIMAL. AS A RESULT, THE DEPARTMENT HAS RECEIVED NUMEROUS REQUESTS FROM STATE RACING COMMISSIONS THAT TESTS BE MADE OF SALIVA TAKEN FROM WINNING HORSES TO DETERMINE WHETHER A DRUG HAD BEEN ADMINISTERED.

THE DEPARTMENT IS EXTREMELY ANXIOUS TO COOPERATE WITH THE VARIOUS STATES IN THEIR EFFORTS TO SUPPRESS THIS ABUSE OF NARCOTICS, BUT UNFORTUNATELY, AVAILABLE FUNDS ARE NOT SUFFICIENT TO DEFRAY THE EXPENSES INCIDENT TO MAKING ANALYSES OF HORSE SALIVA SUBMITTED FOR TESTS. THESE EXPENSES INCLUDE SALARIES OF ADDITIONAL CHEMISTS, EQUIPMENT, AND SUPPLIES.

IT IS, THEREFORE, PROPOSED TO PUT INTO EFFECT A PLAN WHEREBY THE DEPARTMENT WILL CONDUCT THESE TESTS FOR THE VARIOUS STATES AND WILL RECEIVE REIMBURSEMENT FROM THE STATES SUBMITTING SALIVA FOR ANALYSIS. THE DEPARTMENT CONSIDERS THAT IT HAS AMPLE STATUTORY AUTHORITY FOR EFFECTUATING SUCH A PLAN UNDER THE ACT OF JUNE 14, 1930 (21 U.S.C. 198), WHICH PROVIDES IN PERTINENT PART THAT:

"THE SECRETARY OF THE TREASURY SHALL COOPERATE WITH THE SEVERAL STATES IN THE SUPPRESSION OF THE ABUSE OF NARCOTIC DRUGS IN THEIR RESPECTIVE JURISDICTIONS AND HE IS AUTHORIZED * * * (2) TO ARRANGE FOR THE EXCHANGE OF INFORMATION CONCERNING THE USE AND ABUSE OF NARCOTIC DRUGS IN THE STATES AND FOR COOPERATION IN THE INSTITUTION AND PROSECUTION OF CASES IN THE COURTS OF THE UNITED STATES AND BEFORE THE LICENSING BOARDS AND COURTS OF THE SEVERAL STATES.'

IT WILL BE NOTED THAT THIS ACT STATES SPECIFICALLY THAT THE SECRETARY MAY ARRANGE FOR THE EXCHANGE OF INFORMATION CONCERNING THE USE AND ABUSE OF DRUGS IN THE STATES. FURTHERMORE, IT PROVIDES FOR COOPERATION IN THE INSTITUTION AND PROSECUTION OF CASES IN THE STATE COURTS. DETECTION IS, OF COURSE, A PREREQUISITE TO THE INSTITUTION AND PROSECUTION OF CASES AND IT WOULD APPEAR WHOLLY REASONABLE TO CONSTRUE THIS STATUTE TO SANCTION COOPERATION BY THE TREASURY DEPARTMENT TO THE EXTENT OF MAKING THE DEPARTMENT'S LABORATORIES AVAILABLE FOR SUCH DETECTION.

THIS DEPARTMENT IS AWARE THAT THERE IS A GENERAL STATUTORY PROHIBITION AGAINST FEDERAL EMPLOYEES RECEIVING ANY PORTION OF THEIR SALARIES FROM OUTSIDE SOURCES, BUT CONTRIBUTIONS OUT OF STATE TREASURIES ARE SPECIFICALLY EXEMPTED FROM THIS PROHIBITION (5 U.S.C. 66).

IN VIEW OF THE POSITIVE AUTHORIZATION FOR THE EXCHANGE OF INFORMATION WITH THE STATES AS TO THE USE AND ABUSE OF DRUGS, FOR THE COOPERATION IN THE INSTITUTION AND PROSECUTION OF CASES, AND THE MANIFESTATION OF CONGRESSIONAL APPROVAL OF CONTRIBUTIONS BY THE STATES TO THE SALARIES OF FEDERAL EMPLOYEES, IT IS THE VIEW OF THIS DEPARTMENT THAT THE PROPOSED PLAN MAY PROPERLY BE CARRIED INTO EFFECT. HOWEVER, BEFORE ANY AFFIRMATIVE STEPS ARE TAKEN TOWARD THAT END, IT WILL BE APPRECIATED IF YOU WILL ADVISE THIS DEPARTMENT WHETHER ANY OBJECTION WILL BE RAISED BY YOUR OFFICE TO THE PROPOSED PLAN.

THE PRIMARY PURPOSE OF THE ACTIVITIES OF THE BUREAU OF NARCOTICS APPEARS TO BE THE PREVENTION OF THE USE OF NARCOTICS ILLEGALLY BY HUMAN BEINGS HOWEVER, THE MATTER OF THE "DOPING" OF HORSES WAS THE SUBJECT OF DISCUSSION DECEMBER 14, 1935, BEFORE THE SUBCOMMITTEE OF THE HOUSE COMMITTEE ON APPROPRIATIONS AS REPORTED ON PAGE 459 OF THE HEARINGS ON THE TREASURY APPROPRIATION BILL FOR 1937, AND IT IS GENERALLY RECOGNIZED THAT THE ADMINISTRATION OF NARCOTICS TO RACE HORSES IS ILLEGAL AND SHOULD BE SUPPRESSED. IN THE CIRCUMSTANCES, COOPERATION WITH THE STATES IN THE SUPPRESSION OF THAT PRACTICE MAY BE CONSIDERED WITHIN THE SCOPE OF THE ACTIVITIES AUTHORIZED BY SECTION 8 OF THE ACT OF JUNE 14, 1930, 46 STAT. 587, BUT IN SUCH COOPERATIVE WORK WHILE FUNDS OF THE STATES MADE AVAILABLE FOR THIS PURPOSE MAY BE FOR TREATING AND HANDLING AS TRUST FUNDS UNDER SECTION 20 OF THE PERMANENT APPROPRIATION REPEAL ACT, 1934, 48 STAT. 1233, IN VIEW OF THE PROVISIONS OF SECTIONS 3617 AND 3618, REVISED STATUTES, THE AMOUNTS RECEIVED FROM THE RESPECTIVE STATES MAY NOT BE CREDITED TO THE REGULAR APPROPRIATION FOR THE BUREAU OF NARCOTICS AND USED FOR THE PURCHASE OF ADDITIONAL EQUIPMENT OR THE PLACING OF ADDITIONAL EMPLOYEES UPON THE REGULAR PAY ROLLS, AS THAT WOULD AUGMENT A REGULAR APPROPRIATION BEYOND THE AMOUNTS APPROPRIATED BY THE CONGRESS.

ACCORDINGLY, IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED I HAVE TO ADVISE THAT IN THE ABSENCE OF SPECIFIC LEGISLATION BY THE CONGRESS THE PROCEDURE SUGGESTED IN YOUR LETTER FOR THE FINANCING OF THE COOPERATIVE WORK IN QUESTION FOR STATES IS NOT AUTHORIZED.