B-40151, MARCH 28, 1944, 23 COMP. GEN. 728

B-40151: Mar 28, 1944

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THAT IS. IS ABOLISHED. THE COST OF TRANSPORTATION FOR GENERAL COURT MARTIAL PRISONERS AND GUARDS WAS SHOWN IN BOTH ARTICLE 2509 (9) (H). IN THIS CONNECTION IT WILL BE OBSERVED THAT SECTION 2 OF THE ACT OF JUNE 15. PROVISION WAS MADE FOR CHARGING THE COST OF TRANSPORTATION OF BOTH NAVY COURT-MARTIAL PRISONERS AND DISCHARGED GENERAL COURT-MARTIAL PRISONERS TO THE APPROPRIATION " PAY. " BUT NO CHANGE WAS PROVIDED FOR EITHER IN THE CITED ACT OF JUNE 15. NAVY" WAS BASED UPON THE PROVISION APPEARING IN THE NAVAL APPROPRIATION ACTS FOR "EXPENSES OF PRISONERS AND PRISONS.'. YOUR DECISION IS REQUESTED AS TO WHETHER THE COST OF TRANSPORTATION OF MARINE CORPS GENERAL COURT-MARTIAL PRISONERS SHOULD CONTINUE TO BE CHARGED TO THE APPROPRIATION " MISCELLANEOUS EXPENSES.

B-40151, MARCH 28, 1944, 23 COMP. GEN. 728

TRANSPORTATION OF NAVY AND MARINE CORPS GENERAL COURT-MARTIAL PRISONERS APPROPRIATION CHARGEABLE THE ACT OF JUNE 15, 1943, ABOLISHING THE TRUST FUND," NAVY FINES AND FORFEITURES," AND PROVIDING THAT, EFFECTIVE JULY 1, 1943, ANNUAL APPROPRIATIONS FOR " PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY," OR " PAY, MARINE CORPS" SHALL BE AVAILABLE FOR NECESSARY PERSONAL ALLOWANCES OF PRISONERS DURING CONFINEMENT, DOES NOT CONTEMPLATE THAT THE TRANSPORTATION EXPENSES OF GENERAL COURT-MARTIAL PRISONERS--- AS DISTINGUISHED FROM DISCHARGED PRISONERS--- SHOULD BE CHARGED TO AN APPROPRIATION OTHER THAN THE ONE REGULARLY PROVIDED FOR SUCH EXPENSES, THAT IS," MISCELLANEOUS EXPENSES, NAVY," AND, THEREFORE, THE COSTS OF TRANSPORTATION OF NAVY AND MARINE CORPS GENERAL COURT-MARTIAL PRISONERS SHOULD CONTINUE TO BE CHARGED TO " MISCELLANEOUS EXPENSES, NAVY.'

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MARCH 28, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 14, 1944, AS FOLLOWS:

SECTION 2 OF THE ACT APPROVED JUNE 15, 1943 ( PUBLIC LAW 73--- 78TH CONGRESS), PROVIDES:

"EFFECTIVE JULY 1, 1943, (A) THE TRUST FUND, NAVY FINES AND FORFEITURES (48 STAT. 1235 (81) (7S984); 31 U.S.C. 725S (A) (81) (, IS ABOLISHED, AND ANY UNOBLIGATED BALANCE REMAINING THEREIN AS OF THAT DATE SHALL BE COVERED INTO THE SURPLUS FUND OF THE TREASURY; (B) MONEYS THERETOFORE REQUIRED BY LAW TO BE PAID INTO SUCH FUND FROM ANNUAL APPROPRIATIONS, AND ALL PAY FORFEITED BY LAW OR BY THE TERMS OF A COURT-MARTIAL SENTENCE, SHALL REMAIN TO THE CREDIT OF THE APPROPRIATION CONCERNED; AND (C) COMMENCING WITH THE FISCAL YEAR 1944, ANNUAL APPROPRIATIONS FOR " PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY," OR " PAY, MARINE CORPS," AS MAY BE APPROPRIATE, SHALL BE AVAILABLE FOR PAYMENT OF (A) NECESSARY PERSONAL ALLOWANCES OF PRISONERS DURING CONFINEMENT, AND (B) TRANSPORTATION, GRATUITY, AND CIVILIAN CLOTHING OF DISCHARGED NAVAL PRISONERS: PROVIDED, THAT SAVINGS DEPOSITS FORFEITED BY DESERTION SHALL BE DEPOSITED INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS.'

PRIOR TO JULY 1, 1943, THE COST OF TRANSPORTATION FOR GENERAL COURT MARTIAL PRISONERS AND GUARDS WAS SHOWN IN BOTH ARTICLE 2509 (9) (H), U.S. NAVY TRAVEL INSTRUCTIONS, AS AMENDED, AND IN ARTICLE 16-50, MARINE CORPS MANUAL, AS A CHARGE TO THE APPROPRIATION " MISCELLANEOUS EXPENSES, NAVY " AND FOR DISCHARGED GENERAL COURT-MARTIAL PRISONERS AS A CHARGE TO " FINES AND FORFEITURES, NAVY.' IN THIS CONNECTION IT WILL BE OBSERVED THAT SECTION 2 OF THE ACT OF JUNE 15, 1943, SUPRA, ABOLISHED THE FUND " FINES AND FORFEITURES, NAVY" AND PROVIDED THAT THE APPROPRIATIONS " PAY, SUBSISTENCE AND TRANSPORTATION, NAVY" AND " PAY, MARINE CORPS," SHOULD BE AVAILABLE FOR PAYMENT OF DISCHARGED NAVAL PRISONERS.

BY CHANGE NO. 15, DATED OCTOBER 1, 1943, TO ARTICLE 2509 (9) (H), U.S. NAVY TRAVEL INSTRUCTIONS, PROVISION WAS MADE FOR CHARGING THE COST OF TRANSPORTATION OF BOTH NAVY COURT-MARTIAL PRISONERS AND DISCHARGED GENERAL COURT-MARTIAL PRISONERS TO THE APPROPRIATION " PAY, SUBSISTENCE AND TRANSPORTATION, NAVY," BUT NO CHANGE WAS PROVIDED FOR EITHER IN THE CITED ACT OF JUNE 15, 1943, OR ELSEWHERE IN THE APPROPRIATION CHARGEABLE WITH THE EXPENSES OF TRANSPORTATION OF MARINES WHO BECOME GENERAL COURT-MARTIAL PRISONERS.

PRIOR TO JULY 1, 1943, THE PROVISION IN THE APPLICABLE REGULATIONS FOR CHARGING THE COST OF TRANSPORTATION OF GENERAL COURT-MARTIAL PRISONERS TO THE APPROPRIATION " MISCELLANEOUS EXPENSES, NAVY" WAS BASED UPON THE PROVISION APPEARING IN THE NAVAL APPROPRIATION ACTS FOR "EXPENSES OF PRISONERS AND PRISONS.' HOWEVER, MARINE CORPS APPROPRIATIONS DO NOT CONTAIN ANY SUCH PROVISION FOR EXPENSES OF PRISONERS AND PRISONS.

YOUR DECISION IS REQUESTED AS TO WHETHER THE COST OF TRANSPORTATION OF MARINE CORPS GENERAL COURT-MARTIAL PRISONERS SHOULD CONTINUE TO BE CHARGED TO THE APPROPRIATION " MISCELLANEOUS EXPENSES, NAVY? " IF THIS QUESTION IS ANSWERED IN THE NEGATIVE, YOUR FURTHER DECISION IS REQUESTED AS TO WHAT APPROPRIATION MAY BE CONSIDERED LEGALLY AVAILABLE TO DEFRAY THE COST OF TRANSPORTATION OF MARINE CORPS GENERAL COURT MARTIAL PRISONERS.

THE EXPENSES OF TRANSPORTATION OF GENERAL COURT-MARTIAL PRISONERS, AS DISTINGUISHED FROM EXPENSES OF TRANSPORTATION FOR DISCHARGED PRISONERS FOR WHICH SPECIFIC PROVISION IS MADE IN SECTION 2 OF THE ACT OF JUNE 15, 1943, 57 STAT. 153, HAVE FOR MANY YEARS BEEN CONSIDERED AS A DIRECT EXPENSE OF PRISON ADMINISTRATION FOR WHICH APPROPRIATIONS PROVIDING FUNDS FOR THE PAYMENT OF EXPENSES OF PRISONERS AND PRISONS HAVE BEEN AVAILABLE. THE ANNUAL APPROPRIATIONS FOR THE NAVAL ESTABLISHMENT HAVE PROVIDED FUNDS FOR THE EXPENSES OF PRISONERS AND PRISONS, INCLUDING FUNDS FOR THE GENERAL PURPOSE OF TRANSPORTING PRISONERS UNDER CONFINEMENT, SINCE JULY 1, 1933, IN THE AMOUNTS MADE AVAILABLE FOR " MISCELLANEOUS EXPENSES" FOR THE NAVAL ESTABLISHMENT. IN THE CURRENT NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1944, PUBLIC LAW 92, APPROVED JUNE 26, 1943, 57 STAT. 197, UNDER THE HEADING " MISCELLANEOUS EXPENSES," FUNDS ARE MADE AVAILABLE FOR "EXPENSES OF COURTS AND BOARDS; PURCHASE OF LAW AND REFERENCE BOOKS; EXPENSES OF PRISONERS AND PRISONS.'

PRIOR TO CHANGE NO. 15, DATED OCTOBER 1, 1943, ARTICLE 2509-9 (H) OF THE NAVY TRAVEL INSTRUCTIONS PROVIDED THAT EXPENSES FOR TRANSPORTATION OF GENERAL COURT-MARTIAL PRISONERS AND GUARDS BE CHARGED TO " MISCELLANEOUS EXPENSES, NAVY.' A SIMILAR PROVISION IS CONTAINED IN CURRENT MARINE CORPS REGULATIONS, ARTICLE 16-50, MARINE CORPS MANUAL. REFERENCE TO THE HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, ON THE NAVY DEPARTMENT APPROPRIATION BILL FOR 1944, AT PAGE 634, SHOWS THAT THE ESTIMATED REQUIREMENTS UNDER THE HEADING " MISCELLANEOUS EXPENSES" AS PRESENTED BY THE NAVY DEPARTMENT TO THE CONGRESS INCLUDED THE AMOUNT OF $32,380 FOR THE PURPOSE OF TRANSPORTATION OF PRISONERS AND GUARDS.

AS INDICATED IN THE HEARINGS REFERRED TO, AN ESTIMATE BASED UPON A COMPARISON OF THE PREVIOUS REQUIREMENTS OF THE NAVY DEPARTMENT FOR THE TRANSPORTATION OF PRISONERS, INCLUDING THE TRANSPORTATION OF GENERAL COURT -MARTIAL PRISONERS OF BOTH THE NAVY AND THE MARINE CORPS, WAS PRESENTED FOR CONSIDERATION BY THE CONGRESS, AND, AS A RESULT OF ITS DETERMINATIONS, PROVISION WAS CONTAINED IN THE APPROPRIATION ACT MAKING THE FUNDS UNDER THE HEADING " MISCELLANEOUS EXPENSES" AVAILABLE FOR THE TRANSPORTATION OF PRISONERS IN SUBSTANTIALLY THE SAME LANGUAGE AS USED IN PRIOR ANNUAL APPROPRIATION ACTS. IN VIEW OF THIS PROVISION IN THE CURRENT APPROPRIATION ACT, THE BASIS FOR THE CITED CHANGE IN NAVY TRAVEL INSTRUCTIONS IS NOT APPARENT.

THE ACT OF JUNE 15, 1943, SUPRA, HAD FOR ITS STATED PURPOSE THE ABOLITION OF CERTAIN NAVAL TRUST FUNDS AND DEPOSITS THERETO, AND THE SIMPLIFICATION OF NAVAL ACCOUNTING PROCEDURE. TO ACCOMPLISH THIS PURPOSE, SECTION 2 OF THE ACT PROVIDES FOR THE LIQUIDATION OF THE TRUST FUND, NAVY FINES AND FORFEITURES, AND REQUIRES THAT, AFTER THE EFFECTIVE DATE OF THE ACT, JULY 1, 1943, MONEYS THERETOFORE REQUIRED BY LAW TO BE PAID UNTO SUCH FUND FROM ANNUAL APPROPRIATIONS AND ALL PAY FORFEITED BY LAW OR BY THE TERMS OF A COURT-MARTIAL SENTENCE REMAIN TO THE CREDIT OF THE APPROPRIATION CONCERNED. IT IS FURTHER PROVIDED THEREIN THAT, EFFECTIVE JULY 1, 1943, THE ANNUAL APPROPRIATIONS FOR " PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY," OR " PAY, MARINE CORPS," AS MAY BE APPROPRIATE, SHALL BE AVAILABLE FOR THE SPECIFICALLY DESIGNATED PURPOSES OF (A) NECESSARY PERSONAL ALLOWANCES OF PRISONERS DURING CONFINEMENT, AND (B) TRANSPORTATION, GRATUITY, AND CIVILIAN CLOTHING OF DISCHARGED NAVAL PRISONERS. IN NO PART OF THE ACT ITSELF OR OF THE LEGISLATIVE HISTORY THEREOF IS THERE FOUND ANY INDICATION THAT THE CONGRESS INTENDED OR CONTEMPLATED THAT THE EXPENSES OF GENERAL COURT-MARTIAL PRISONERS, OTHER THAN THEIR NECESSARY PERSONAL ALLOWANCES, WOULD, UNDER THE ACT OF JUNE 15, 1943, BE CHARGEABLE TO AN APPROPRIATION OTHER THAN THE APPROPRIATION REGULARLY PROVIDED FOR SUCH EXPENSES IN THE ANNUAL APPROPRIATIONS FOR THE NAVAL ESTABLISHMENT. SEE PAGES 868 AND 869 OF THE HEARINGS ON THE BILL. ALSO, IN VIEW OF THE CONTINUATION IN THE SUBSEQUENTLY ENACTED NAVAL APPROPRIATIONS ACT, 1944, SUPRA OF PROVISION FOR THE PAYMENT OF EXPENSES OF PRISONERS AND PRISONS FROM " MISCELLANEOUS EXPENSES, NAVY," IT SEEMS CLEAR THAT IT WAS THE INTENT THAT THE FUNDS APPROPRIATED FOR THAT PURPOSE WERE TO BE CONSIDERED AS AVAILABLE FOR THE PAYMENT OF THE EXPENSES OF TRANSPORTATION OF GENERAL COURT-MARTIAL PRISONERS OF BOTH THE NAVY AND THE MARINE CORPS, OTHER THAN DISCHARGED PRISONERS, ON THE SAME BASIS AS SIMILAR FUNDS WERE MADE AVAILABLE IN PRIOR ANNUAL APPROPRIATION ACTS.

ANSWERING YOUR SPECIFIC QUESTION, I AM OF THE OPINION THAT, FOR THE REASONS HEREINBEFORE STATED, THE EFFECT OF SECTION 2 OF THE ACT OF JUNE 15, 1943, PUBLIC LAW 73, 78TH CONGRESS, GOES NO FURTHER THAN TO MAKE AVAILABLE THE APPROPRIATIONS " PAY, SUBSISTENCE, AND TRANSPORTATION, NAVY," AND " PAY, MARINE CORPS" FOR THE SPECIFIC PURPOSES THEREIN ENUMERATED, AND THAT THE COSTS OF TRANSPORTATION OF MARINE CORPS GENERAL COURT-MARTIAL PRISONERS SHOULD CONTINUE TO BE CHARGED TO " MISCELLANEOUS EXPENSES, NAVY," AS HAS BEEN THE PRACTICE UNDER PRIOR LEGISLATION.