B-16361, MAY 14, 1941, 20 COMP. GEN. 769

B-16361: May 14, 1941

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STATUTES MAKING SUPPLEMENTAL OR DEFICIENCY APPROPRIATIONS FOR A PARTICULAR FISCAL YEAR ARE AVAILABLE TO THE EXTENT AND FOR THE SAME PERIOD AS THE ORIGINAL APPROPRIATION. SINCE THE RIGHT TO SUCH TRANSPORTATION IS DETERMINED BY THE EFFECTIVE DATE OF THE ORDERED TRAVEL. THE RIGHT ACCRUES ONLY WHEN SUCH ORDERS ARE EFFECTIVE ON OR AFTER THE DATE OF THE ACT. * * *" IN CONNECTION WITH THE FOREGOING YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS: (1) WHETHER RETIRED PERSONNEL OF THE NAVY AND MEMBERS OF THE NAVAL RESERVE WHO REPORTED FOR. OR WERE RELEASED FROM. ARE ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS UNDER THE ABOVE QUOTED PROVISIONS OF THE ACT OF MARCH 17. 1941? (2) IF IT IS DECIDED THAT THE PROVISIONS OF THE ACT OF MARCH 17.

B-16361, MAY 14, 1941, 20 COMP. GEN. 769

TRANSPORTATION - DEPENDENTS - NAVAL RETIRED AND RESERVE PERSONNEL ORDINARILY, STATUTES MAKING SUPPLEMENTAL OR DEFICIENCY APPROPRIATIONS FOR A PARTICULAR FISCAL YEAR ARE AVAILABLE TO THE EXTENT AND FOR THE SAME PERIOD AS THE ORIGINAL APPROPRIATION, BUT WHERE THE SUPPLEMENTAL ACT CONTAINS NEW LEGISLATION, WHETHER PERMANENT OR TEMPORARY, AND PROVIDES FUNDS FOR ITS ADMINISTRATION, THE OPERATION OF SUCH NEW LEGISLATION MAY NOT BEGIN PRIOR TO THE DATE OF THE ACT IN WHICH SUCH NEW PROVISION APPEARS IN THE ABSENCE OF A CLEAR INTENTION TO THE CONTRARY. THE PROVISION IN THE SUPPLEMENTAL APPROPRIATION ACT FOR THE NAVAL SERVICE OF MARCH 17, 1941, SPECIFICALLY PROVIDING FOR THE FIRST TIME FOR THE TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE PERSONNEL OF THE NAVY WHEN ORDERED TO, AND RELEASED FROM, ACTIVE DUTY, MAY NOT BE GIVEN RETROACTIVE EFFECT, AND SINCE THE RIGHT TO SUCH TRANSPORTATION IS DETERMINED BY THE EFFECTIVE DATE OF THE ORDERED TRAVEL, THE RIGHT ACCRUES ONLY WHEN SUCH ORDERS ARE EFFECTIVE ON OR AFTER THE DATE OF THE ACT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 14, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 21, 1941, AS FOLLOWS:

TITLE II OF THE FOURTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941, APPROVED MARCH 17, 1941 ( PUBLIC LAW 13--- 77TH CONGRESS), PROVIDES FOR ADDITIONAL AMOUNTS FOR APPROPRIATIONS FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE FOR THE FISCAL YEAR 1941, TO BE SUPPLEMENTAL AND IN ADDITION TO THE APPROPRIATIONS IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941.

THE APPROPRIATION FOR THE " BUREAU OF SUPPLIES AND ACCOUNTS" UNDER SAID TITLE II SPECIFICALLY PROVIDES FOR---

"* * * TRANSPORTATION OF DEPENDENTS OR RETIRED AND RESERVE OFFICERS AND OF RETIRED AND RESERVE ENLISTED MEN (OF GRADES ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY) WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE THEREFROM, * * *"

IN CONNECTION WITH THE FOREGOING YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

(1) WHETHER RETIRED PERSONNEL OF THE NAVY AND MEMBERS OF THE NAVAL RESERVE WHO REPORTED FOR, OR WERE RELEASED FROM, ACTIVE DUTY DURING THE PERIOD JULY 1, 1940, TO MARCH 16, 1941, INCLUSIVE, ARE ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS UNDER THE ABOVE QUOTED PROVISIONS OF THE ACT OF MARCH 17, 1941?

(2) IF IT IS DECIDED THAT THE PROVISIONS OF THE ACT OF MARCH 17, 1941, SUPRA, ARE NOT RETROACTIVE TO JULY 1, 1940, ARE THE DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND OF RETIRED AND RESERVE ENLISTED MEN (OF GRADES ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY) ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED ON AND AFTER MARCH 17, 1941, IN CONNECTION WITH ORDERS ISSUED TO SUCH RETIRED AND RESERVE OFFICERS AND ENLISTED MEN PRIOR TO MARCH 17, 1941?

PRIOR TO THE ACT OF MARCH 17, 1941, PUBLIC, NO. 13, SEVENTY-SEVENTH CONGRESS, 55 STAT. 34, THERE WAS NO AUTHORITY FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF THE DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND ENLISTED MEN WHEN ORDERED TO ACTIVE DUTY OR UPON RELEASE THEREFROM, IT HAVING BEEN HELD THAT NEITHER THE PROVISION OF SECTION 12 OF THE ACT OF MAY 18, 1920, AS AMENDED, 34 U.S.C. 896, 896 (B), NOR THE PROVISION IN THE ANNUAL APPROPRIATIONS FOR THE NAVAL SERVICE FOR TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN, INCLUDING THE APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 1941, WAS APPLICABLE TO OR AVAILABLE FOR THAT PURPOSE. DECISION B-12209 DATED SEPTEMBER 20, 1940.

PROVISION WAS MADE FOR THE FIRST TIME FOR TRANSPORTATION OF DEPENDENTS OF SUCH PERSONNEL IN PUBLIC NO. 13 OF MARCH 17, 1941, WHICH CONTAINS THE PROVISION AS QUOTED IN THE SECOND PARAGRAPH OF YOUR LETTER. THIS ACT, THE FOURTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941, WHICH MADE DEFICIENCY AND SUPPLEMENTAL APPROPRIATIONS FOR THE ARMY AND NAVY FOR THE FISCAL YEAR ENDING JUNE 30, 1941, AND FOR OTHER PURPOSES, PROVIDED UNDER TITLE II, NAVY DEPARTMENT:

FOR ADDITIONAL AMOUNTS FOR APPROPRIATIONS FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE, FISCAL YEAR 1941, TO BE SUPPLEMENTAL AND IN ADDITION TO THE APPROPRIATIONS IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941, INCLUDING THE OBJECTS AND SUBJECT TO THE LIMITATIONS AND CONDITIONS SPECIFIED THEREIN, EXCEPTING THE LIMITATIONS SUSPENDED BY THE ACT APPROVED JUNE 28, 1940 ( PUBLIC NUMBERED 671, SEVENTY-SIXTH CONGRESS), AND EXCEPT AS OTHERWISE PROVIDED HEREIN, AS FOLLOWS: ( ITALICS SUPPLIED.)

THERE THEN FOLLOWED IN THE SAME TITLE UNDER " BUREAU OF SUPPLIES AND ACCOUNTS" THE NEW PROVISION FOR TRANSPORTATION OF DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND ENLISTED MEN WHEN ORDERED TO ACTIVE DUTY AND UPON RELIEF THEREFROM.

THE GENERAL RULE FOR THE CONSTRUCTION OF STATUTES IS THAT THEY APPLY ONLY TO THE FUTURE UNLESS OTHERWISE EXPRESSLY STATED OR UNLESS IT APPEARS BY NECESSARY IMPLICATION FROM THE NATURE AND WORDS OF THE STATUTE THAT A RETROSPECTIVE EFFECT IS INTENDED. 5 COMP. GEN. 381, AND CITED CASES. ORDINARILY, OF COURSE, STATUTES MAKING SUPPLEMENTAL AND DEFICIENCY APPROPRIATIONS FOR A PARTICULAR FISCAL YEAR ARE AVAILABLE TO THE SAME EXTENT AND FOR THE SAME PERIOD AS THE APPROPRIATION TO WHICH THE SUBSEQUENT ACT IS SUPPLEMENTAL, BUT ONLY TO THE EXTENT OF THE OBJECTS AND PURPOSES AND SUBJECT TO THE LIMITATIONS AND CONDITIONS OF THE ORIGINAL APPROPRIATION ACT. WHERE THE SUPPLEMENTAL ACT CONTAINS NEW LEGISLATION, WHETHER PERMANENT OR TEMPORARY, AND PROVIDES FUNDS FOR ITS ADMINISTRATION, THE OPERATION OF SUCH NEW LEGISLATION MAY NOT BEGIN PRIOR TO THE DATE OF THE ACT IN WHICH SUCH NEW PROVISION APPEARS IN THE ABSENCE OF A CLEAR INTENTION THAT SUCH PROVISION IS TO BE GIVEN A RETROACTIVE EFFECT. SINCE THE PROVISION CONTAINED IN THE ACT OF JUNE 11, 1940, 54 STAT. 265, 276, MAKING APPROPRIATION FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1941, MADE PROVISION FOR "TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN" ONLY, IT NECESSARILY FOLLOWS THAT THE PROVISION CONTAINED IN THE ACT OF MARCH 17, 1941, PROVIDING SPECIFICALLY FOR THE TRANSPORTATION OF THE DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND ENLISTED MEN UNDER THE CONDITIONS THEREIN NAMED, IS AVAILABLE FOR THAT PURPOSE ONLY FROM THE DATE OF THE LATTER ACT. QUESTION 1 IS ANSWERED IN THE NEGATIVE.

THE RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE OF THE DEPENDENTS OF RETIRED AND RESERVE OFFICERS AND THE RETIRED AND RESERVE ENLISTED MEN DOES NOT NECESSARILY ARISE BY REASON OF THE FACT THAT SUCH TRAVEL BY THE DEPENDENTS WAS PERFORMED ON OR AFTER MARCH 17, 1941. THE RIGHT OF SUCH DEPENDENTS IS NECESSARILY DETERMINED BY THE EFFECTIVE DATE OF THE ORDERED TRAVEL OF THE OFFICER OR ENLISTED MAN. ORDERS FOR TRAVEL BY AN OFFICER OR ENLISTED MAN EFFECTIVE PRIOR TO MARCH 17, 1941, WOULD CREATE NO RIGHT IN HIM TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE EVEN THOUGH THEY PERFORM TRAVEL INCIDENT TO SUCH ORDERS ON OR AFTER THAT DATE, BUT UNDER ORDERS DATED PRIOR TO MARCH 17, 1941, BUT EFFECTIVE ON OR AFTER THAT DATE, HIS DEPENDENTS WOULD BE ENTITLED TO TRANSPORTATION AT THE EXPENSE OF THE GOVERNMENT. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.