B-112819, APRIL 6, 1953, 32 COMP. GEN. 431

B-112819: Apr 6, 1953

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AGAINST THE EXPENDITURE OF NAVY APPROPRIATED FUNDS FOR FURNISHING TELEPHONE SERVICE TO NAVAL PERSONNEL IN PRIVATE QUARTERS IS NOT APPLICABLE TO THE PROPOSED INSTALLATION AND OFFICIAL USE OF AN EXTENSION TELEPHONE IN THE RESIDENCE OF THE PEARL HARBOR BASE FIRE MARSHAL TO CONNECT WITH THE INTERCOMMUNICATION SYSTEM OF THE PEARL HARBOR FIRE DISPATCHING SWITCHBOARD. WHICH IS LIMITED MECHANICALLY AND BY REGULATION TO EMERGENCY FIRE CALLS. 32 COMP. 1953: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 10. IT WAS HELD IN THE DECISION OF DECEMBER 4. IT IS REPORTED IN YOUR LETTER OF FEBRUARY 10 THAT THE PEARL HARBOR FIRE MARSHAL IS A CIVILIAN EMPLOYEE AND SECTION 4 OF THE 1946 ACT. THAT IS. THOSE ARE STRICTLY LIMITED TO EMERGENCY FIRE CALLS.

B-112819, APRIL 6, 1953, 32 COMP. GEN. 431

TELEPHONES - PRIVATE RESIDENCES - NAVAL INSTALLATIONS - CIVILIAN PERSONNEL - STATUTORY PROHIBITION APPLICABILITY THE PROHIBITION IN SECTION 7 OF THE ACT OF AUGUST 23, 1912, AGAINST THE EXPENDITURE OF NAVY APPROPRIATED FUNDS FOR FURNISHING TELEPHONE SERVICE TO NAVAL PERSONNEL IN PRIVATE QUARTERS IS NOT APPLICABLE TO THE PROPOSED INSTALLATION AND OFFICIAL USE OF AN EXTENSION TELEPHONE IN THE RESIDENCE OF THE PEARL HARBOR BASE FIRE MARSHAL TO CONNECT WITH THE INTERCOMMUNICATION SYSTEM OF THE PEARL HARBOR FIRE DISPATCHING SWITCHBOARD, WHICH IS LIMITED MECHANICALLY AND BY REGULATION TO EMERGENCY FIRE CALLS. 32 COMP. GEN. 271, MODIFIED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, APRIL 6, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 10, 1953, REQUESTING RECONSIDERATION OF OFFICE DECISION DATED DECEMBER 4, 1952, B-112819, 32 COMP. GEN. 271, TO THE FORMER SECRETARY OF THE NAVY, CONCERNING THE AVAILABILITY OF FUNDS APPROPRIATED TO THE DEPARTMENT OF THE NAVY TO PROVIDE A TELEPHONE CONNECTION TO THE PEARL HARBOR FIRE-DISPATCHING SWITCHBOARD IN THE GOVERNMENT-OWNED, PRIVATE RESIDENCE OF THE PEARL HARBOR FIRE MARSHAL. IT WAS HELD IN THE DECISION OF DECEMBER 4, 1952, THAT SINCE SECTION 4 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 853, 34 U.S.C. 915A, SPECIFICALLY AUTHORIZES PAYMENT FOR SUCH SERVICES FOR "NAVAL PERSONNEL" FROM FUNDS APPROPRIATED TO THE NAVY, SECTION 7 OF THE ACT OF AUGUST 23, 1912, 37 STAT. 414, 31 U.S.C. 679, GENERALLY PROHIBITING SUCH EXPENDITURES UNLESS OTHERWISE PROVIDED BY LAW, DID NOT APPLY TO THE PROPOSED PROCUREMENT.

HOWEVER, IT IS REPORTED IN YOUR LETTER OF FEBRUARY 10 THAT THE PEARL HARBOR FIRE MARSHAL IS A CIVILIAN EMPLOYEE AND SECTION 4 OF THE 1946 ACT, MENTIONED ABOVE, MAY NOT CONSTITUTE AUTHORITY FOR THE PROPOSED CHARGE, THE TERM "NAVAL PERSONNEL" AS USED IN THAT ACT APPEARING NOT TO ENCOMPASS CIVILIAN EMPLOYEES BUT TO BE RESTRICTED TO PERSONNEL OF THE NAVY, THE MARINE CORPS AND THE COAST GUARD, OPERATING AS A PART OF THE NAVY, THAT IS, ENLISTED AND OFFICER PERSONNEL AS DISTINGUISHED FROM CIVILIAN PERSONNEL. THE LETTER FURTHER STATES MORE SPECIFICALLY THAT THE INTERCOMMUNICATION SYSTEM--- TO WHICH THE PROPOSED TELEPHONE WOULD BE CONNECTED--- CAN BE USED ONLY FOR CALLS BETWEEN FIRE STATIONS AND, BY REGULATIONS, THOSE ARE STRICTLY LIMITED TO EMERGENCY FIRE CALLS. THE LETTER POINTS OUT THAT SUCH A LIMITED SYSTEM MAY BE DISTINGUISHED FROM A GENERAL INTRABASE TELEPHONE SYSTEM SUCH AS THAT INVOLVED IN B 61938 OF SEPTEMBER 8, 1950, TO THE SECRETARY OF THE AIR FORCE, REFERRED TO IN THE DECISION OF DECEMBER 4, 1952, WHICH IS A COMPLETELY SELF SUFFICIENT SYSTEM ALTHOUGH NOT CONNECTED TO OUTSIDE LINES.

WHILE THE FACT THAT THE PEARL HARBOR FIRE MARSHAL WAS A CIVILIAN AS DISTINGUISHED FROM ENLISTED OR OFFICER PERSONNEL WAS NOT BROUGHT OUT IN THE SUBMISSION OF THE FORMER SECRETARY OF THE NAVY, IN VIEW OF THE DEFINITION OF "NAVAL PERSONNEL" CONTAINED IN SECTION 40 OF THE ACT OF AUGUST 2, 1946, IT APPEARS CLEAR THAT SECTION 4 OF THAT ACT PERMITTING USE OF NAVAL APPROPRIATIONS TO INSTALL EXTENSION TELEPHONES FROM PUBLIC QUARTERS OCCUPIED BY "NAVAL PERSONNEL" WITH SWITCHBOARDS OF THEIR OFFICIAL STATIONS IS NOT APPLICABLE TO CIVILIAN PERSONNEL BUT ONLY TO THOSE PUBLIC QUARTERS OCCUPIED BY OFFICERS AND ENLISTED PERSONNEL HAVING A MILITARY STATUS. HOWEVER, IN VIEW OF THE CLARIFYING REPRESENTATIONS MADE IN YOUR LETTER AS TO THE NATURE OF THE TELEPHONE SERVICE INVOLVED, SINCE CALLS ON THE INTERCOMMUNICATION SYSTEM ARE LIMITED MECHANICALLY AND BY REGULATIONS TO EMERGENCY FIRE CALLS, AND IT BEING SHOWN THAT THE FIRE MARSHAL MAINTAINS IN HIS RESIDENCE, AT HIS OWN EXPENSE, A TELEPHONE CONNECTED WITH THE GOVERNMENT GENERAL TELEPHONE SYSTEM THROUGH WHICH ALL OF HIS PERSONAL CALLS MUST BE AND ARE MADE, IT DOES NOT APPEAR THAT SECTION 7 OF THE ACT OF AUGUST 23, 1912, MENTIONED BEFORE. SEE IN THIS SECTION 7 OF THE ACT OF *AUGUST 23, 1912, MENTIONED BEFORE. SEE IN THIS CONNECTION, 4 COMP. GEN. 891 AND THE DECISIONS REFERRED TO THEREIN.

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