B-15700, APRIL 4, 1941, 20 COMP. GEN. 601

B-15700, APRIL 4, 1941, 20 COMP. GEN. 601

MAIDS AND COOKS FOR NAVY NURSES' QUARTERS - APPROPRIATION AVAILABILITY IN THE ABSENCE OF SPECIFIC STATUTORY PROVISION THEREFOR, NAVY NURSES OCCUPYING PUBLIC QUARTERS MAY NOT BE FURNISHED SERVICES OF MAIDS, COOKS, ETC., FREE OF CHARGE IN VIEW OF THE INHIBITION OF SECTION 1765, REVISED STATUTES, AGAINST PAYMENT OF ADDITIONAL COMPENSATION "IN ANY FORM WHATEVER.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, APRIL 4, 1941:

I HAVE YOUR LETTER OF MARCH 20, 1941, AS FOLLOWS:

THE NAVY DEPARTMENT HAS UNDER CONSIDERATION THE QUESTION AS TO WHETHER THE CURRENT APPROPRIATION FOR " GENERAL EXPENSES, MARINE CORPS" IS PROPERLY AVAILABLE FOR EXPENDITURE FOR SUPPLYING NECESSARY MAID, COOK, AND PERSONAL SERVICES OTHER THAN JANITOR SERVICES FOR THE NEW NAVY NURSES' QUARTERS, MARINE BARRACKS, QUANTICO, VA.

THE APPROPRIATION " GENERAL EXPENSES, MARINE CORPS" FOR THE CURRENT FISCAL YEAR, AS CONTAINED IN THE NAVAL APPROPRIATION ACT, APPROVED JUNE 11, 1940 ( PUB., NO. 588), IS IN TERMS AVAILABLE " FOR * * * PERSONAL AND OTHER SERVICES, AND FOR OTHER INCIDENTAL EXPENSES FOR THE MARINE CORPS NOT OTHERWISE PROVIDED FOR.'

THE OLD NAVY NURSES' QUARTERS AT THE MARINE BARRACKS, QUANTICO, VA., WERE SMALL, CONSISTING APPROXIMATELY OF SIX ROOMS, WHEREAS THE NEW NAVY NURSES' QUARTERS AT THAT PLACE INCLUDE A LARGE LIVING ROOM, DINING ROOM, KITCHEN, BASEMENT, FIRST AND SECOND FLOOR CORRIDORS, AND FOURTEEN NURSES' ROOMS. THE NURSES OCCUPYING THE OLD NURSES' QUARTERS WERE FURNISHED JANITOR SERVICES, BUT MAID, COOK, AND PERSONAL SERVICES OTHER THAN JANITOR WERE FURNISHED BY THE NURSES THEMSELVES.

DUE TO THE MUCH GREATER SIZE OF THE BUILDING COMPRISING THE NEW NAVY NURSES' QUARTERS AS COMPARED WITH THE OLD BUILDING USED FOR THAT PURPOSE AT THE MARINE BARRACKS, QUANTICO, VA., THE NEED FOR SUPPLYING NECESSARY MAID AND OTHER PERSONAL SERVICES IN ADDITION TO JANITOR SERVICES FOR THE NEW QUARTERS IS APPARENT. HOWEVER, THE NAVY DEPARTMENT IS INDOUBT AS TO WHETHER THE APPROPRIATION " GENERAL EXPENSES, MARINE CORPS" IS LEGALLY AVAILABLE TO MEET EXPENSES FOR THE FURNISHINGS OF OTHER THAN JANITOR SERVICES FOR THE NEW NAVY NURSES'S QUARTERS.

THE NEW NAVY NURSES' QUARTERS, AS WELL AS THE POST SICK QUARTERS, AT THE MARINE BARRACKS, QUANTICO, VA., ARE A PART OF THE PUBLIC WORKS AT THAT PLACE AND, AS SUCH, ARE FOR MAINTENANCE BY THE MARINE CORPS UNDER THE PROVISIONS OF ARTICLES 484-5 AND 557, U.S. NAVY REGULATIONS, 1920, AS AMENDED. IT IS THEREFORE ESSENTIAL THAT THE MARINE CORPS PROVIDE FOR THE UPKEEP AND OPERATION OF THE NEW NAVY NURSES' QUARTERS, SUPPLYING SUCH MAID, JANITOR, OR OTHER SERVICES AS MAY BE NECESSARY TO KEEP THE QUARTERS COMFORTABLY HABITABLE AT ALL TIMES.

YOUR DECISION IS REQUESTED AS TO WHETHER THE APPROPRIATION " GENERAL EXPENSES, MARINE CORPS" IS LEGALLY AVAILABLE FOR EXPENDITURE FOR SUPPLYING NECESSARY MAID, COOK, AND PERSONAL SERVICES OTHER THAN JANITOR SERVICES FOR THE NEW NAVY NURSES QUARTERS, MARINE BARRACKS, QUANTICO, VA.

SECTION 13 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 631, PRESCRIBES THE PAY OF FEMALE NURSES OF THE ARMY AND NAVY AND, ALSO, PRESCRIBES THAT THEIR ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS SHALL BE THE SAME AS THOSE OF OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD, EXCEPT THAT THE APPROPRIATION FOR THE FISCAL YEAR 1941 (AND PRIOR YEARS) UNDER " SUBSISTENCE OF NAVAL PERSONNEL" PROVIDES FOR "SUBSISTENCE IN KIND AT HOSPITALS AND ON BOARD SHIP IN LIEU OF SUBSISTENCE ALLOWANCE OF FEMALE NURSES.' SECTION 1765, REVISED STATUTES, PROVIDES:

NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY, OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW, AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION.

IT WOULD APPEAR FROM YOUR SUBMISSION THAT PUBLIC QUARTERS HAVE BEEN AND WILL CONTINUE TO BE FURNISHED THE NURSES IN QUESTION AND THAT THEY HAVE BEEN FURNISHED THE NECESSARY JANITOR SERVICE IN CONNECTION THEREWITH. PROVIDE AT THIS TIME AND WITHOUT FURTHER AUTHORIZATION FROM THE CONGRESS MAID SERVICE, COOKS, AND OTHER PERSONAL SERVICES (NOT OTHERWISE DESCRIBED) IN ADDITION TO THE QUARTERS WOULD BE IN CONTRAVENTION OF SECTION 1765, REVISED STATUTES.

THE PROVISION IN THE APPROPRIATION GENERAL EXPENSES, MARINE CORPS, 1941, FOR PERSONAL SERVICES RELATES TO THE PERSONAL SERVICES OTHERWISE AUTHORIZED BY LAW. IT DOES NOT OVERCOME THE PROHIBITION IN SECTION 1765, NOR DOES IT ADD ANYTHING TO SECTION 13 OF THE JOINT SERVICE PAY ACT PROVIDING COMPENSATION AND ALLOWANCES TO NAVY NURSES. IT MUST BE HELD, THEREFORE, THAT THE APPROPRIATION IN QUESTION IS NOT AVAILABLE FOR FURNISHING FREE OF CHARGE SERVICES OF MAIDS, COOKS, ETC., TO NAVY NURSES AT QUANTICO, VA. ..END :