B-8571, MARCH 4, 1940, 19 COMP. GEN. 776

B-8571, MARCH 4, 1940, 19 COMP. GEN. 776

TRANSPORTATION - EFFECTS, REMAINS, ETC., OF COAST AND GEODETIC SURVEY COMMISSIONED PERSONNEL DYING ON ACTIVE DUTY WHERE COMMISSIONED PERSONNEL OF THE COAST AND GEODETIC SURVEY DIE ON ACTIVE DUTY, THERE IS NO AUTHORITY FOR PACKING, CRATING, OR TRANSPORTING THEIR HOUSEHOLD EFFECTS, FOR TRANSPORTATION OF THEIR REMAINS, OR FOR PROVIDING AN ESCORT THEREFOR, AT GOVERNMENT EXPENSE, NOTWITHSTANDING THE ASSIMILATING WITH THE NAVY PROVISIONS OF SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 603, AS TO "PAY AND ALLOWANCES," AND THAT SUCH TRANSPORTATION MAY BE AUTHORIZED UNDER SIMILAR CONDITIONS FOR NAVY PERSONNEL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, MARCH 4, 1940:

I HAVE YOUR LETTER OF FEBRUARY 13, 1940, AS FOLLOWS:

SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 603, PROVIDES AS FOLLOWS:

"THAT IN LIEU OF COMPENSATION NOW PRESCRIBED BY LAW, COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS NOW ARE OR HEREAFTER MAY BE PRESCRIBED FOR OFFICERS OF THE NAVY WITH WHOM THEY HOLD RELATIVE RANK, * * *"

THE COMPTROLLER'S DECISION OF OCTOBER 18, 1920 (27 COMP. DEC. 371), STATES:

" I AM OF THE OPINION THAT THE PRIVILEGE OF HAVING HOUSEHOLD EFFECTS TRANSPORTED AT THE EXPENSE OF THE UNITED STATES IS AN ALLOWANCE WITHIN THE MEANING OF THE PROVISION IN SECTION 11 OF THE ACT IN QUESTION WHICH GIVES TO COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY "THE SAME PAY AND ALLOWANCES AS NOW ARE OR HEREAFTER MAY BE PRESCRIBED FOR OFFICERS OF THE NAVY WITH WHOM THEY HOLD RELATIVE RANK.'

"YOU ARE ADVISED, THEREFORE, THAT COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY ARE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO THE SAME EXTENT, UNDER THE SAME CONDITIONS, AND SUBJECT TO LIKE REGULATIONS AS ARE COMMISSIONED OFFICERS OF THE NAVY OF CORRESPONDING RANK.'

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT TRANSPORTATION OF HOUSEHOLD EFFECTS, INCLUDING PACKING AND CRATING, IS AUTHORIZED FOR COAST AND GEODETIC SURVEY COMMISSIONED PERSONNEL WHO MAY DIE ON ACTIVE DUTY, AS AUTHORIZED UNDER SIMILAR CONDITIONS FOR NAVY PERSONNEL IN THE NAVY BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, ART. 1870-6 (H), WHICH READS AS FOLLOWS:

"FOR PERSONNEL WHO DIE WHILE ON ACTIVE DUTY.--- PACKING, CRATING, AND TRANSPORTATION OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE (WITHIN THE SPECIFIED ALLOWANCE) ARE AUTHORIZED FOR THE PERSONNEL NAMED IN SUBPAR. (A) WHO MAY DIE WHILE ON ACTIVE DUTY; TRANSPORTATION OF HOUSEHOLD EFFECTS IN SUCH CASES BEING ALLOWED, WITHIN ONE YEAR FROM DATE OF DEATH, FROM LAST DUTY STATION OR PLACE OF STORAGE OF EFFECTS TO SUCH PLACE WITHIN OR BEYOND THE LIMITS OF THE UNITED STATES AS MAY BE DESIGNATED AS THE HOME OF THE FAMILY OR HEIRS OF THE DECEASED. SHIPMENT WILL BE RESTRICTED TO A SINGLE DESTINATION. THE ALLOWANCES HEREIN AUTHORIZED ARE EXCLUSIVE OF PROFESSIONAL BOOKS AND PAPERS WHICH WERE REQUIRED IN THE PERFORMANCE OF OFFICIAL DUTIES AND OF ANY BAGGAGE THAT MAY BE TRANSPORTED FREE BY THE CARRIER.'

IF YOUR DECISION IS IN THE AFFIRMATIVE, IT IS DESIRED TO KNOW IF SUCH EXPENDITURES WOULD BE PROPERLY CHARGEABLE TO THE COAST AND GEODETIC SURVEY APPROPRIATION " FIELD EXPENSES, COASTAL SURVEYS," FROM WHICH APPROPRIATION EXPENSES OF TRANSPORTATION OF HOUSEHOLD EFFECTS FOR COMMISSIONED OFFICERS ARE NOW PAID.

YOUR FURTHER DECISION IS REQUESTED AS TO WHETHER, IN THE CASE OF A COMMISSIONED OFFICER DYING WHILE ON ACTIVE DUTY, THERE IS AUTHORIZATION FOR TRANSPORTATION OF THE REMAINS, AS OUTLINED IN NAVY BUREAU OF ACCOUNTS MANUAL, ART. 1823-6, AND FOR TRANSPORTATION OF AN ESCORT AS PROVIDED FOR IN NAVY TRAVEL INSTRUCTIONS, ART. 2507-6. IF YOUR DECISION TO THESE QUESTIONS IS IN THE AFFIRMATIVE, YOUR ADVICE IS REQUESTED AS TO WHAT APPROPRIATION SUCH EXPENSES ARE CHARGEABLE.

BECAUSE OF THE FACT THAT THERE IS A PERTINENT CASE AWAITING ADMINISTRATIVE ACTION BY THIS DEPARTMENT YOUR EARLY REPLY WILL BE APPRECIATED.

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, CONTAINED A PROVISO-

* * * THAT THE PERSONNEL OF THE NAVY SHALL HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND THE MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS.

THE PROVISIONS OF REGULATIONS QUOTED BY YOU FROM THE NAVY BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, ARE NOT, HOWEVER, BASED ON THIS PROVISION ASSIMILATING THE RIGHTS OF OFFICERS OF THE NAVY AS TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO THAT OF OFFICERS OF THE ARMY AND MARINE CORPS. PROVISION HAS APPEARED IN THE NAVAL APPROPRIATION ACTS FOR MANY YEARS FOR THE TRANSPORTATION OF EFFECTS OF DECEASED OFFICERS, NURSES, AND ENLISTED MEN OF THE NAVY WHO DIE WHILE ON DUTY. SEE ACT OF JUNE 30, 1914, UNDER BUREAU OF NAVIGATION," CONTINGENT," 38 STAT. 395, AND CURRENTLY ACT OF MAY 25, 1939, 53 STAT. 761, UNDER " INSTRUMENTS AND SUPPLIES, NAVY.' THE APPROPRIATION FOR THE FISCAL YEAR 1940, CONTAINED IN THE ACT OF JUNE 29, 1939, UNDER DEPARTMENT OF COMMERCE, COAST AND GEODETIC SURVEY, 53 STAT. 916, INCLUDES:

* * * PACKING, CRATING, AND TRANSPORTING PERSONAL HOUSEHOLD EFFECTS OF COMMISSIONED OFFICERS, WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, * * *

THIS APPROPRIATION PALPABLY IS NOT APPLICABLE TO THE SHIPMENT OF THE EFFECTS OF A DECEASED OFFICER. THE QUESTIONS SUBMITTED ARE APPARENTLY PREDICATED ON THE PROVISIONS OF SECTION 11 OF THE ACT OF MAY 18, 1920, QUOTED IN YOUR LETTER. BUT, INDEPENDENTLY OF THE LIMITATIONS OF THE CURRENT APPROPRIATION FOR THE COAST AND GEODETIC SURVEY IN THIS RESPECT, THE ACT OF MAY 18, 1920, DOES NOT CONFER AUTHORITY TO SHIP THE EFFECTS OF DECEASED OFFICERS OF THE COAST AND GEODETIC SURVEY. PAY AND ALLOWANCES ACCRUE TO AN OFFICER WHILE IN OFFICE; AFTER HIS DEATH, PAY AND ALLOWANCES NO LONGER ACCRUE. A PROVISION IN THE ANNUAL APPROPRIATION ACTS OF THE NAVY FOR THE SHIPMENT OF THE EFFECTS OF DECEASED NAVAL OFFICERS IS NOT AN ALLOWANCE TO SUCH OFFICERS BUT A PROVISION FOR THE BENEFIT OF THE ESTATES OF SUCH OFFICERS AND SUCH PROVISION DOES NOT EXTEND TO THE ESTATES OF OFFICERS OF THE COAST AND GEODETIC SURVEY ENTITLED TO THE PAY AND ALLOWANCES PROVIDED FOR OFFICERS OF THE NAVY OF THE SAME GRADE AND LENGTH OF SERVICE.

AS TO YOUR SECOND AND THIRD QUESTIONS, THE APPROPRIATION ACT OF JUNE 4, 1920, 41 STAT. 823, UNDER " CONTINGENT, BUREAU OF MEDICINE AND SURGERY" APPROPRIATED FUNDS FOR "CARE, TRANSPORTATION, AND BURIAL OF THE DEAD INCLUDING OFFICERS WHO DIE WITHIN THE UNITED STATES" AND CARRIED A SEPARATE APPROPRIATION FOR "BRINGING HOME REMAINS OF OFFICERS, AND SO FORTH, NAVY DEPARTMENT.' CURRENTLY, THE APPROPRIATION IS CARRIED UNDER BUREAU OF MEDICINE AND SURGERY," CARE OF THE DEAD," 53 STAT. 771. THE ACT OF MAY 26, 1928, 45 STAT. 767, PROVIDES:

THAT THE SECRETARY OF THE NAVY, IN HIS DISCRETION, IS HEREBY AUTHORIZED TO FURNISH AN ESCORT NOT TO EXCEED ONE PERSON TO THE PLACE OF BURIAL FOR THE BODIES OF OFFICERS, ENLISTED MEN, OR NURSES WHO HAVE LOST THEIR LIVES IN THE NAVAL SERVICE. SUCH EXPENSES AS ARE INCURRED FOR THIS PURPOSE SHALL BE PAID FROM THE PROPER APPROPRIATION: PROVIDED, THAT SECTION 1587 OF THE REVISED STATUTES OF THE UNITED STATES IS HEREBY REPEALED.

FOR THE REASONS STATED ABOVE WITH RESPECT TO SHIPMENT OF THE EFFECTS OF DECEASED OFFICERS OF THE COAST AND GEODETIC SURVEY, THESE LATTER PROVISIONS RESPECTING BURIAL AND ESCORTS FOR DECEASED OFFICERS OF THE NAVY HAVE NO APPLICATION TO OFFICERS OF THE COAST AND GEODETIC SURVEY UNDER THE ASSIMILATING PROVISIONS OF SECTION 11 OF THE ACT OF MAY 18, 1920.

YOU ARE ACCORDINGLY ADVISED THAT YOUR QUESTIONS MUST BE ANSWERED IN THE NEGATIVE.