B-138649, FEB 26, 1959

B-138649, FEB 26, 1959

PRECIS-UNAVAILABLE

MR. ATTORNEY GENERAL:

BY LETTERS DATED JUNE 4 AND NOVEMBER 26, 1958, MR. J. D. MILLER, CHIEF, FISCAL & BUSINESS BRANCH OF YOUR BUREAU OF PRISONS REQUESTED THAT, IN CERTAIN SITUATIONS INVOLVING THE TRANSPORTATION OF PRISONERS RELEASED FROM PENAL INSTITUTIONS, WE AUTHORIZE A RELAXATION OF THE REQUIREMENT THAT GOVERNMENT TRANSPORTATION REQUESTS (STANDARD FORM NO. 1169) BE PERSONALLY SIGNED BY THE TRAVELERS. THIS REQUIREMENT IS SPECIFICALLY SET FORTH IN SUBPARAGRAPH A(24), APPENDIX A, TITLE 5, CHAPTER 2000 OF OUR POLICY AND PROCEDURES MANUAL, AS FOLLOWS:

"(24) THE REQUEST PROVIDES FOR 'TRAVELER'S SIGNATURE' AND 'ISSUING OFFICER'S SIGNATURE' AND BOTH MUST BE SIGNED BY HAND BEFORE THE DOCUMENT IS VALID FOR SERVICE. ***"

SEE SECTION 2040.10, TITLE 5 OF THE MANUAL.

IN HIS LETTER OF JUNE 4, 1958, MR. MILLER EXPLAINS THAT ONE OF THE FUNCTIONS OF THE BUREAU OF PRISONS IS TO FURNISH NECESSARY TRANSPORTATION TO RELEASED PRISONERS FROM PENAL INSTITUTIONS TO THEIR HOME, PLACE OF CONVICTION OR OTHER DESIGNATED PLACE, AND IN THE ACCOMPLISHMENT OF SUCH PURPOSE STANDARD FORMS NO. 1169 (GOVERNMENT TRANSPORTATION REQUESTS) ARE UTILIZED. THESE FORMS REQUEST THE CARRIER TO PROVIDE TRANSPORTATION "FOR USE OF" THE PARTY FOR WHOSE BENEFIT THE REQUEST IS DRAWN. ANOTHER SPACE IS PROVIDED THEREON FOR THE SIGNATURE OF THE TRAVELER. IT APPEARS TO BE THE CUSTOMARY PROCEDURE OF THE BUREAU OF PRISONS TO INSERT THE NAME OF THE PRISONER IN THE "FOR USE OF" SPACE PROVIDED ON THE FORM, BUT IN THE SPACE RESERVED FOR THE TRAVELER'S SIGNATURE, THERE USUALLY IS INSERTED THE SIGNATURE OF A "DESIGNATED EMPLOYEE," GENERALLY, A CERTIFYING OFFICER OR OTHER ACCOUNTING OFFICIAL OF THE BUREAU. THE PROPRIETY OF THIS PROCEDURE IS EXPLAINED BY THE REPORTED UNDESIRABILITY OF RELEASING A BLANK TRANSPORTATION REQUEST TO A RELEASED PRISONER. FURTHERMORE, THIS PROCEDURE RETAINS IN THE BUREAU OF PRISONS CONTROL OVER THE TICKETS OR REQUESTS UNTIL SUCH TIME AS THEY ACTUALLY ARE RELEASED TO THE PRISONER, WHEN A RECEIPT REPORTEDLY IS OBTAINED.

IN FURTHER IMPLEMENTATION OF HIS REQUEST FOR A CONTINUANCE OF THE ABOVE PROCEDURES, MR. MILLER FURNISHED WITH HIS LETTER OF NOVEMBER 26, 1958, A DOCUMENT ENTITLED BUSINESS ADMINISTRATION MEMORANDUM NO. 230, DATED OCTOBER 8, 1958, EXPLAINING THAT IT IS THE BUREAU'S PRACTICE TO SECURE TRANSPORTATION FOR RELEASED PRISONERS THROUGH THE ISSUANCE OF TRANSPORTATION REQUESTS IN THEIR INDIVIDUAL NAMES, AND TO RECORD THE NUMBER OF EACH SUCH REQUEST ON ACCOUNTING FORM 96, WHICH REPORTEDLY IS RECEIPTED FOR BY THE PRISONER AT THE TIME OF HIS RELEASE. IN THIS MANNER IT IS SAID THE TICKETS PURCHASED THEREUNDER CAN BE TRACED IN ALL INSTANCES. IN THE CONSOLIDATED STATEMENT, SET FORTH IN MEMORANDUM NO. 230, THE BUREAU OF PRISONS REPRESENTS THAT THE NUMBER OF RAILROAD TICKETS EXCEEDING $15 IN AMOUNT WHICH "MIGHT NOT" BE USED UNDER PRESENT PROCEDURES IS RELATIVELY SMALL, AMOUNTING TO A POSSIBLE MISAPPROPRIATION, LOSS, OR DESTRUCTION OF 149 TICKETS OUT OF A TOTAL OF 4,338 PRISONERS RELEASED DURING THE THREE-MONTH PERIOD OF APRIL, MAY AND JUNE 1958.

IT IS INDICATED, THEREFORE, THAT THE BUREAU'S EXISTING PROCEDURES AND CONTROLS DEALING WITH THE ISSUANCE OF TRANSPORTATION REQUESTS FOR RELEASED PRISONERS ARE ADEQUATE FOR ALL PRACTICAL PURPOSES, AND SUFFICIENTLY PROTECTIVE OF THE BEST INTERESTS OF THE UNITED STATES.

IN OUR DECISION B-136301, DATED JUNE 19, 1958, WE CONSIDERED AND APPROVED A SIMILAR REQUEST FOR CONTINUANCE BY THE IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE, OF THE "DESIGNATED AGENT" PROCEDURE IN CONNECTION WITH THE TRANSPORTATION OF DEPORTED ALIENS BETWEEN POINTS IN THE UNITED STATES, AND FROM THE UNITED STATES TO OTHER POINTS IN THE EASTERN AND WESTERN HEMISPHERES, TO COVER THOSE SITUATIONS WHEREIN IT WOULD NOT BE DESIRABLE NOR PRACTICABLE TO PROVIDE AN ALIEN A BLANK TRANSPORTATION REQUEST. IN THAT CASE THE ALIEN'S NAME WAS TO BE SHOWN IN THE SPACE PROVIDED ON THE TRANSPORTATION REQUEST "FOR USE OF" THE TRAVELER, AND THE RESPONSIBLE OFFICER SIGNED HIS OWN NAME IN THE SPACE RESERVED FOR THE TRAVELER'S SIGNATURE. HOWEVER, TO FACILITATE OUR AUDIT OF THESE TRAVEL DOCUMENTS, WE ALSO REQUIRED THAT THERE BE SHOWN ON THE REQUEST SOME APPROPRIATE IDENTIFICATION OF THE CATEGORY OF THE TRAVELER, SUCH AS "DPTD ALIEN" OR "DPTD ALIENS," DEPENDING UPON THE PARTICULAR CIRCUMSTANCES INVOLVED.

IN VIEW OF THE REPRESENTATIONS OF THE BUREAU OF PRISONS IN THE INSTANT MATTER AS TO THE SOUNDNESS AND PRACTICABILITY OF THE PRACTICE NOW BEING PURSUED IN THAT BUREAU IN CONNECTION WITH THE TRANSPORT OF RELEASED PRISONERS, WE WOULD NOT OBJECT TO THE CONTINUANCE OF SUCH PRACTICE, CONSISTENT WITH THE REQUIREMENT THAT THERE BE SHOWN ON EACH TRANSPORTATION REQUEST THE NAME OF THE RELEASED PRISONER, THE NAME OF THE DESIGNATED AGENT WHO SIGNS FOR HIM, AND SOME OTHER APPROPRIATE DESIGNATION TO BE APPLIED TO THE TRAVELER, SUCH AS "REL PR," TO FACILITATE OUR AUDIT OF THESE ACCOUNTS. THE DESIGNATION "REL PR" SHOULD BE PLACED SOMEWHERE NEAR THE TRAVELER'S NAME. THE CONTINUED USE OF RECEIPT FORM 96 IS DESIRABLE.