A-91842, FEBRUARY 16, 1938, 17 COMP. GEN. 657

A-91842, FEBRUARY 16, 1938, 17 COMP. GEN. 657

TRANSPORTATION - NAVY ENLISTED PERSONNEL BY GOVERNMENT-OWNED VEHICLES - APPROPRIATION CHARGEABLE THE COST OF TRANSPORTATION TO RIFLE RANGES OF CREWS OF NAVAL VESSELS UNDER OVERHAUL AT NAVY YARDS, BY GOVERNMENT-OWNED MOTOR VEHICLES UNDER THE CONTROL OF THE BUREAU OF YARDS AND DOCKS FOR THEIR OPERATION, MAINTENANCE, AND REPAIR--- INCLUDING COMPENSATION OF CIVILIAN CHAUFFEURS AT A NAVY YARD --- IS PROPERLY CHARGEABLE TO THE APPROPRIATION MADE BY ACT OF APRIL 27, 1937, 50 STAT. 96, FOR "MAINTENANCE" UNDER "BUREAU OF YARDS AND DOCKS," AND NOT TO THE APPROPRIATION "PAY, SUBSISTENCE AND TRANSPORTATION OF NAVAL PERSONNEL" MADE BY SAID ACT UNDER "BUREAU OF SUPPLIES AND ACCOUNTS.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, FEBRUARY 16, 1938:

THERE HAS BEEN RECEIVED YOUR SIXTH INDORSEMENT OF JANUARY 13, 1938, WITH INCLOSURES, REQUESTING TO BE INFORMED WHAT APPROPRIATION IS CHARGEABLE WITH THE COST OF TRANSPORTATION OF ENLISTED MEN TRAVELING FROM THE NAVY YARD, PUGET SOUND, WASH., TO AN ADJACENT RIFLE RANGE AND RETURN IN GOVERNMENT-OWNED TRUCKS OPERATED BY CIVILIAN CHAUFFEURS UNDER CIRCUMSTANCES THE INCLOSURES DISCLOSED TO BE AS FOLLOWS:

PRACTICALLY ALL VESSELS WHILE UNDER OVERHAUL AT NAVY YARDS MAKE ARRANGEMENTS TO HOLD SMALL ARMS PRACTICE FOR THEIR CREWS AT NEARBY RIFLE RANGES; THE MARINE RIFLE RANGE UTILIZED BY SHIPS DOCKED AT MARE ISLAND, CALIF., BEING LOCATED ABOUT 2 MILES FROM THE WATER FRONT AND THE RIFLE RANGE UTILIZED BY THE CREWS OF VESSELS PUTTING IN AT PUGET SOUND BEING AT A DISTANCE OF 6 OR 7 MILES. IT IS REPRESENTED THAT DUE TO THE LIMITED TIME AVAILABLE FOR RIFLE PRACTICE, WALKING BACK AND FORTH TO THE RANGE IS IMPRACTICABLE AND THE RESPONSIBLE SHIPS' OFFICERS USUALLY REQUEST THE PROPER YARD OFFICIAL TO FURNISH A TRUCK FOR THE PURPOSE OF TRANSPORTATION OF ITS CREW TO AND FROM THE RIFLE RANGE. IT IS INDICATED THAT TRUCKS ARE PRACTICALLY ALWAYS AVAILABLE FOR SUCH TRANSPORTATION, BUT THE YARD OFFICIALS SEEM TO FEEL THAT THE SALARIES PAID THE CIVILIAN CHAUFFEURS PRORATED FOR THE TIME NECESSARY IN TRANSPORTING THE MEN FOR THE SHORT DISTANCES TO THE RIFLE RANGES AND RETURN SHOULD NOT BE REFLECTED AS A CHARGE AGAINST THE APPROPRIATION FOR THE BUREAU OF YARDS AND DOCKS; AND THE APPROPRIATION UNDER "BUREAU OF SUPPLIES AND ACCOUNTS, PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL" IS SUGGESTED AS AVAILABLE FOR THE PURPOSE.

THIS LATTER APPROPRIATION FOR THE CURRENT FISCAL YEAR, ACT OF APRIL 27, 1937, 50 STAT. 96, 118, PROVIDES AT PAGE 106:

* * * TRANSPORTATION OF ENLISTED MEN AND APPRENTICE SEAMEN AND APPLICANTS FOR ENLISTMENT AT HOME AND ABROAD, WITH SUBSISTENCE AND TRANSFERS EN ROUTE, OR CASH IN LIEU THEREOF; * * *

THE ABOVE PROVISION COVERS THE NORMAL TRANSPORTATION OF ENLISTED MEN OF THE NAVY INCIDENT TO THE PERFORMANCE OF THEIR ASSIGNED DUTIES, AND ORDINARILY WHEN SUCH TRAVEL REQUIRES TRANSPORTATION BY COMMERCIAL MEANS OF CONVEYANCES, IT CLEARLY IS AVAILABLE FOR THAT PURPOSE AND, OF COURSE, THE PAYMENT FOR SUCH COMMERCIAL TRANSPORTATION NECESSARILY WOULD INCLUDE THE PAY OF THE OPERATOR OF THE PARTICULAR VEHICLE. HOWEVER, WHEN THE TRANSPORTATION IS BY GOVERNMENT-OWNED TRUCKS, STATION-WAGONS TEMPORARILY CONVERTED FOR THE TRANSPORTATION OF PASSENGERS, OR MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES UNDER CONTROL OF THE BUREAU OF YARDS AND DOCKS FOR THEIR OPERATION, MAINTENANCE, AND REPAIR, INCLUDING COMPENSATION OF CIVILIAN CHAUFFEURS AT A NAVY YARD, IT IS NOT SOAPPARENT THAT THE CHARGE FOR SUCH TRANSPORTATION, IF IN FACT ANY SUBSTANTIAL EXPENSES ARE INCURRED IN SHORT HAULS AWAY FROM THE PARTICULAR YARD, IS PROPERLY FOR REFLECTING AS AN EXPENDITURE FROM THE APPROPRIATION, "PAY, SUBSISTENCE, AND TRANSPORTATION.'

UNDER BUREAU OF YARDS AND DOCKS, MAINTENANCE, BUREAU OF YARDS AND DOCKS, IN THE SAME APPROPRIATION ACT, 50 STAT. 109, THERE IS PROVIDED:

FOR THE LABOR, MATERIALS, AND SUPPLIES NECESSARY, AS DETERMINED BY THE SECRETARY OF THE NAVY, FOR THE GENERAL MAINTENANCE OF THE ACTIVITIES AND PROPERTIES NOW OR HEREAFTER UNDER THE COGNIZANCE OF THE BUREAU OF YARDS AND DOCKS, INCLUDING ACCIDENT PREVENTION; THE PURCHASE, MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER-CARRYING VEHICLES FOR THE NAVY DEPARTMENT (NOT TO EXCEED TEN IN NUMBER) AND THE NAVAL ESTABLISHMENT NOT OTHERWISE PROVIDED FOR; * * *.

THIS APPROPRIATION ALSO CONTAINS A PROVISO EXCLUDING PRESCRIBED LIMITATIONS OF EXPENDITURES IN CONNECTION WITH THE MAINTENANCE, OPERATION, AND REPAIR OF STATION WAGONS, MOTOR TRUCKS, AND MOTORCYCLES. IT APPEARS THAT THE BUREAU OF YARDS AND DOCKS PROVIDES FROM ITS APPROPRIATION FOR MOTOR TRUCKS FOR TRAINING STATIONS, RECRUITING STATIONS, AIR STATIONS, FLEETS, AND SQUADRONS, ETC., AND IN THE ESTIMATES FOR THE CURRENT FISCAL YEAR PROVIDED FOR THE PURCHASE OF THREE ADDITIONAL BUSSES TO BE ASSIGNED TO A NAVAL AIR STATION FOR TRANSPORTATION OF STUDENT OFFICERS, CADETS, AND ENLISTED PERSONNEL TO AND FROM VARIOUS FLYING FIELDS NOW IN USE. SEE HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS FOR 1938, PAGES 600, 613. IN THIS CONNECTION THERE WILL BE NOTED ALSO THE RECOMMENDATIONS FOR THE SUBSTITUTION OF SO-CALLED STATION WAGONS FOR MOTOR TRUCKS EQUIPPED WITH REMOVABLE SEATS FOR USE WHEN SO REQUIRED IN HANDLING SMALL PARTIES OF MEN OVER SHORT DISTANCES, AND FOLLOWING THOSE RECOMMENDATIONS PROVISION SEEMS TO HAVE BEEN MADE IN THE APPROPRIATION AUTHORIZING THE PURCHASE OF SUCH VEHICLES, UNDOUBTEDLY FOR THE PURPOSES STATED. IT WOULD SEEM THAT THE PROVISIONS CONTAINED IN THE APPROPRIATION ACT UNDER "YARDS AND DOCKS" FOR THE OPERATION AND MAINTENANCE OF MOTOR VEHICLES THROUGHOUT THE NAVAL SERVICE, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE FOR PARTICULAR ACTIVITIES, REASONABLY CONTEMPLATE THAT THE EXPENSES INCIDENT TO THE NORMAL USE OF SUCH VEHICLES, INCLUDING THE SALARIES OF CIVILIAN EMPLOYEES NECESSARY FOR THEIR OPERATION, ARE EXCLUSIVE AND ARE NOT PROPERLY FOR INCREASING BY ALLOTMENTS FROM OTHER APPROPRIATIONS WHICH MIGHT BE AVAILABLE WHERE THE MOVEMENTS ARE BY OTHER THAN NAVY DEPARTMENT VEHICLES. YOUR QUESTION IS ANSWERED ACCORDINGLY. THE INCLOSURES TRANSMITTED WITH YOUR INQUIRY ARE RETURNED AS REQUESTED.