B-74142, APRIL 15, 1948, 27 COMP. GEN. 637

B-74142: Apr 15, 1948

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" IS AVAILABLE TO MEET EXPENSES IN AWARDING CASH PRIZES FOR CONSTRUCTIVE SUGGESTIONS AND INVENTIONS TO: (A) ENLISTED PERSONNEL OF THE NAVY. - THE SECRETARY OF THE NAVY IS AUTHORIZED TO AWARD MEDALS. IT WAS STATED. THE PURPOSE OF THE PROPOSED LEGISLATION IS TO ENACT INTO SUBSTANTIVE LAW IN PROPER FORM. THE BILL WAS PREPARED IN SPECIFIC RESPONSE TO THE BUREAU OF THE BUDGET'S BULLETIN NO. 1944-45. WHICH DIRECTED THE REVIEW OF THE LANGUAGE OF APPROPRIATION ACTS TO ASCERTAIN WHAT PROVISIONS ARE LEGISLATIVE IN NATURE AND HENCE SUBJECT TO A POINT OF ORDER AND THE PREPARATION OF THE NECESSARY CURATIVE LEGISLATION. SECTION 8 OF THE PROPOSED BILL WAS EXPLAINED AS FOLLOWS: THIS SECTION COLLECTS IN ONE SECTION PRESENT AUTHORITY FOR (A) TROPHIES AND BADGES FOR EXCELLENCE IN GUNNERY.

B-74142, APRIL 15, 1948, 27 COMP. GEN. 637

APPROPRIATIONS - NAVY - CASH AWARDS TO OFFICER AND ENLISTED PERSONNEL SECTION 8 OF THE ACT OF AUGUST 2, 1946, HAVING BEEN MERELY TO RESTATE IN SUBSTANTIVE LAW THE PROVISIONS FORMERLY APPEARING IN THE ANNUAL NAVAL APPROPRIATION ACTS FOR THE AWARDING OF TROPHIES, BADGES, CASH PRIZES, ETC., FOR PROFICIENCY IN ARMS, DID NOT EXTEND OR ENLARGE THE SCOPE OF THOSE FORMER PROVISIONS TO PROVIDE AUTHORITY FOR THE PAYMENT OF CASH AWARDS TO OFFICER AND ENLISTED PERSONNEL OF THE NAVY FOR CONSTRUCTIVE INVENTIONS AND SUGGESTIONS FROM THE CURRENT APPROPRIATION FOR " TRAINING, EDUCATION, AND WELFARE, NAVY," OTHERWISE AVAILABLE FOR THE PURPOSE OF SAID SECTION 8.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, APRIL 15, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 25, 1948, ENCLOSING A LETTER DATED JANUARY 21, 1948, FROM THE DEPUTY CHIEF OF NAVAL PERSONNEL, AND REQUESTING A DECISION AS TO WHETHER, UNDER THE PROVISIONS OF SECTION 8 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 854, THE APPROPRIATION," TRAINING, EDUCATION, AND WELFARE, NAVY," IS AVAILABLE TO MEET EXPENSES IN AWARDING CASH PRIZES FOR CONSTRUCTIVE SUGGESTIONS AND INVENTIONS TO:

(A) ENLISTED PERSONNEL OF THE NAVY,

(B) OFFICER PERSONNEL OF THE NAVY.

THE SAID SECTION 8 OF THE ACT OF AUGUST 2, 1946, PROVIDES THAT---

THE SECRETARY OF THE NAVY IS AUTHORIZED TO AWARD MEDALS, TROPHIES, BADGES, AND CASH PRIZES TO NAVAL PERSONNEL OR GROUPS THEREOF (INCLUDING PERSONNEL OF THE RESERVE COMPONENTS THEREOF WHETHER OR NOT ON ACTIVE DUTY), FOR EXCELLENCE IN ACCOMPLISHMENTS RELATED TO NAVAL SERVICE, TO INCUR SUCH EXPENSES AS MAY BE REQUIRED TO ENTER SUCH PERSONNEL IN COMPETITIONS, AND TO PROVIDE BADGES OR BUTTONS IN RECOGNITION OF SPECIAL SERVICE, GOOD CONDUCT, AND DISCHARGE UNDERCONDITIONS OTHER THAN DISHONORABLE.

THE APPROPRIATION FOR " TRAINING, EDUCATION, AND WELFARE, NAVY" FOR THE FISCAL YEAR 1948, CONTAINED IN THE NAVY DEPARTMENT APPROPRIATION ACT, 1948, PUBLIC LAW 202, APPROVED JULY 18, 1947, 61 STAT. 384, PROVIDES, INSOFAR AS HERE PERTINENT, AS FOLLOWS:

FLEET TRAINING: FOR TROPHIES AND BADGES FOR EXCELLENCE IN GUNNERY, TARGET PRACTICE, COMMUNICATION, ENGINEERING EXERCISES, AND ECONOMY IN FUEL CONSUMPTION, TO BE AWARDED UNDER SUCH RULES AS THE SECRETARY MAY FORMULATE; RECORDING, CLASSIFYING, COMPILING, AND PUBLISHING THE RULES AND RESULTS; ESTABLISHMENT AND MAINTENANCE OF SHOOTING GALLERIES, TARGET HOUSES, TARGETS, AND RANGES; HIRING ESTABLISHED RANGES; ENTRANCE FEES IN MATCHES FOR THE RIFLE TEAM; AND SPECIAL EQUIPMENT THEREFOR; $65,000;

IN LETTER DATED MARCH 5, 1946, FROM THE SECRETARY OF THE NAVY TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TRANSMITTING THE PROPOSED BILL WHICH BECAME THE ACT OF AUGUST 2, 1946, IT WAS STATED, IN PART, THAT--

THE PURPOSE OF THE PROPOSED LEGISLATION IS TO ENACT INTO SUBSTANTIVE LAW IN PROPER FORM, PROVISIONS OF A LEGISLATIVE NATURE APPEARING IN THE NAVAL APPROPRIATION ACT, 1946, AND RELATED APPROPRIATION ACTS. THE BILL WAS PREPARED IN SPECIFIC RESPONSE TO THE BUREAU OF THE BUDGET'S BULLETIN NO. 1944-45; 10 OF MARCH 28, 1945, WHICH DIRECTED THE REVIEW OF THE LANGUAGE OF APPROPRIATION ACTS TO ASCERTAIN WHAT PROVISIONS ARE LEGISLATIVE IN NATURE AND HENCE SUBJECT TO A POINT OF ORDER AND THE PREPARATION OF THE NECESSARY CURATIVE LEGISLATION. AND, IN APPENDIX A TO THAT LETTER, SECTION 8 OF THE PROPOSED BILL WAS EXPLAINED AS FOLLOWS:

THIS SECTION COLLECTS IN ONE SECTION PRESENT AUTHORITY FOR (A) TROPHIES AND BADGES FOR EXCELLENCE IN GUNNERY, TARGET PRACTICE, COMMUNICATION, ENGINEERING EXERCISES, AND ECONOMY IN FUEL CONSUMPTION IN THE APPROPRIATION " TRAINING, EDUCATION AND WELFARE, NAVY; " (B) FOR ENTRANCE FEES IN MATCHES FOR THE RIFLE TEAM, IN THE APPROPRIATION " TRAINING, EDUCATION AND WELFARE, NAVY," AND FOR ENTRANCE FEES FOR COMPETITIONS IN " GENERAL EXPENSES, MARINE CORPS; " (C) FOR MEDALS AND TROPHIES IN THE APPROPRIATION " NAVAL RESERVE; " (D) FOR PRIZES FOR EXCELLENCE IN GUNNERY EXERCISES, TARGET PRACTICES, AND COMMUNICATION COMPETITION IN " PAY, MARINE CORPS; " (E) FOR PRIZES, BADGES, MEDALS, AND BUTTONS IN " GENERAL EXPENSES, MARINE CORPS; " AND (F) FOR PRIZES FOR EXCELLENCE IN BOATSMANSHIP, GUNNERY, TARGET PRACTICE, AND ENGINEERING COMPETITIONS IN " PAY AND ALLOWANCES, COAST GUARD.' THE LAST CLAUSE CLARIFIES THE AUTHORITY TO ISSUE DISCHARGE EMBLEMS UNDER " PAY AND SUBSISTENCE OF NAVAL PERSONNEL" AND " GENERAL EXPENSES, MARINE CORPS.'

FROM THE FOREGOING IT APPEARS EVIDENT THAT THE PURPOSE OF THE SAID SECTION 8 OF THE ACT OF AUGUST 2, 1946, WAS MERELY TO RESTATE, IN SUBSTANTIVE LAW, PROVISIONS FORMERLY APPEARING IN THE ANNUAL NAVAL APPROPRIATION ACTS FOR THE AWARDING OF TROPHIES, BADGES, CASH PRIZES, ETC., FOR PROFICIENCY IN ARMS, AND THERE APPEARS TO HAVE BEEN NO INTENT TO ENLARGE OR EXTEND THE SCOPE OF THOSE FORMER PROVISIONS TO PROVIDE AUTHORITY FOR THE PAYMENT OF CASH AWARDS TO OFFICER AND ENLISTED PERSONNEL OF THE NAVY FOR CONSTRUCTIVE INVENTIONS AND SUGGESTIONS. HENCE, THERE IS NO PROPER BASIS FOR CONCLUDING THAT PROVISION FOR SUCH PAYMENTS WAS INCLUDED IN SECTION 8 OF THE SAID ACT. ACCORDINGLY, THE QUESTIONS PRESENTED ARE ANSWERED IN THE NEGATIVE.