B-148283, MARCH 29, 1962, 41 COMP. GEN. 626

B-148283, MARCH 29, 1962, 41 COMP. GEN. 626

PAYMENTS - ADVANCE - TUITION, ETC., PAYMENTS THE AUTHORITY FOR THE TRAINING OF COAST GUARD PERSONNEL AT COLLEGES AND UNIVERSITIES AND FOR THE PAYMENT OF TUITION AND RELATED FEES INCIDENT TO THE TRAINING IN 14 U.S.C. 92 (G), 469 AND 470, MAY BE REGARDED AS AUTHORIZATION BY "OTHER LAW" IN THE ADVANCE PAYMENT PROHIBITION IN SECTION 3648, REVISED STATUTES, 31 U.S.C. 529, WHICH PERMITS ADVANCE PAYMENTS WHEN AUTHORIZED BY APPROPRIATION OR OTHER LAW, AND, THEREFORE, THE ADVANCE PAYMENT PROHIBITION DOES NOT BAR PAYMENT OF TUITION AND RELATED FEES AT THE TIME OF ENROLLMENT OF COAST GUARD PERSONNEL AT SCHOOLS AND UNIVERSITIES PROVIDED THAT, WHENEVER POSSIBLE, PROVISION IS MADE FOR REFUND OF THE UNEARNED AMOUNT IN THE EVENT THE TRAINING IS DISCONTINUED OR INTERRUPTED.

TO THE SECRETARY OF THE TREASURY, MARCH 29, 1962:

REFERENCE IS MADE TO LETTER OF FEBRUARY 21, 1962, FROM THE COMMANDANT, U.S. COAST GUARD, REQUESTING AN ADVANCE DECISION ON A QUESTION RELATING TO THE OPERATION OF THE COAST GUARD AS FOLLOWS:

MAY THE U.S. COAST GUARD, IN VIEW OF THE PROVISIONS OF TITLE 31, U.S. CODE, SECTION 529, MAKE PAYMENT OF TUITION AND RELATED FEES TO COLLEGES, UNIVERSITIES, AND SIMILAR INSTITUTIONS FOR TRAINING OF COAST GUARD MILITARY PERSONNEL AT THE TIME OF ENROLLMENT, OR OTHERWISE, AS MAY BE PROVIDED BY THE RULES OF THE INSTITUTION FOR ITS STUDENTS GENERALLY?

SECTION 3648, REVISED STATUTES, AS AMENDED, 31 U.S.C. 529, PROVIDES IN PERTINENT PART THAT:

NO ADVANCE OF PUBLIC MONEY SHALL BE MADE IN ANY CASE UNLESS AUTHORIZED BY THE APPROPRIATION CONCERNED OR OTHER LAW. AND IN ALL CASES OF CONTRACTS FOR THE PERFORMANCE OF ANY SERVICE, OR THE DELIVERY OF ARTICLES OF ANY DESCRIPTION, FOR THE USE OF THE UNITED STATES, PAYMENT SHALL NOT EXCEED THE VALUE OF THE SERVICE RENDERED, OR OF THE ARTICLES DELIVERED PREVIOUSLY TO SUCH PAYMENT * * *.

THE COMMANDANT CITES THE DECISIONS, B-70395, OCTOBER 30, 1947, AND B 56585, MAY 1, 1946, WHEREIN WE CONCLUDED IN THE FORMER THAT THE PUBLIC HEALTH SERVICE MIGHT PROPERLY MAKE PAYMENTS FOR TUITION AND RELATED FEES IN CONNECTION WITH RESEARCH FELLOWSHIPS, AND IN THE LATTER THAT THE ADMINISTRATOR OF VETERANS' AFFAIRS WAS AUTHORIZED TO MAKE SUCH PAYMENTS IN CONNECTION WITH THE SCHOOLING OF VETERANS, NOTWITHSTANDING THE PROVISIONS OF SECTION 3648, REVISED STATUTES. THE COMMANDANT EXPRESSES THE VIEW THAT THE REASONING IN THESE TWO DECISIONS IS APPLICABLE TO THE COAST GUARD'S PROBLEM OF PROVIDING TRAINING FOR ITS MILITARY PERSONNEL IN INSTITUTIONS WHICH REQUIRE TUITION PAYMENTS AT THE TIME OF ENROLLMENT. THIS CONCLUSION IS BASED ON PROVISIONS OF LAW CONTAINED IN TITLE 14, U.S. CODE, VESTING AUTHORITY IN THE COMMANDANT OF THE COAST GUARD TO PROVIDE TRAINING FOR COAST GUARD MILITARY PERSONNEL IN CIVILIAN EDUCATIONAL INSTITUTIONS.

SECTION 93 (G) OF TITLE 14, U.S. CODE, PROVIDES THAT, FOR THE PURPOSE OF EXECUTING THE DUTIES AND FUNCTIONS OF THE COAST GUARD, THE COMMANDANT MAY CONDUCT OR MAKE AVAILABLE TO PERSONNEL OF THE COAST GUARD SUCH SPECIALIZED TRAINING AND COURSES OF INSTRUCTION AS MAY BE NECESSARY OR DESIRABLE FOR THE GOOD OF THE SERVICE. SECTION 469 PROVIDES THAT THE COAST GUARD MAY MAKE EXPENDITURES FOR THE TRAINING OF ITS PERSONNEL, INCLUDING BOOKS, SCHOOL SUPPLIES AND CORRESPONDENCE COURSES. SECTION 470 PROVIDES THAT COAST GUARD PERSONNEL MAY BE ASSIGNED FOR SPECIAL INSTRUCTION AT PRIVATE OR STATE COLLEGES AND UNIVERSITIES, AND THAT THEIR EXPENSES,"INCLUDING TUITION, BOOKS, LABORATORY EQUIPMENT AND FEES, AND SCHOOL SUPPLIES, MAY BE DEFRAYED BY THE COAST GUARD.'

THE FOREGOING PROVISIONS OF LAW CLEARLY AUTHORIZE PAYMENT OF THE TUITION AND RELATED FEES. SUCH STATUTORY PROVISIONS WERE ENACTED AFTER SECTION 3648 OF THE REVISED STATUTES AND IF ANY CONFLICT EXISTED BETWEEN THE TWO, THE FORMER EFFECTED A REPEAL OF THE LATTER BY IMPLICATION TO THE EXTENT OF THE INCONSISTENCY. IT WOULD SEEM PROPER TO REGARD THE CITED PROVISIONS OF TITLE 14, U.S. CODE, AS ,OTHER LAW" WITHIN THE MEANING OF SECTION 3648. IN ANY EVENT, IN VIEW OF THE INTERPRETATION OF SECTION 3648 ADOPTED IN THE ABOVE CITED DECISIONS, IT APPEARS THAT SUCH PROVISIONS OF LAW FURNISH NO BAR TO PAYMENT OF THE FEES TO WHICH THE COMMANDANT OF THE COAST GUARD REFERS. ACCORDINGLY, THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE.

IT IS UNDERSTOOD THAT THE RULES OF SOME COLLEGES AND UNIVERSITIES PROVIDE THAT THE TUITION CHARGES OF A STUDENT WILL BE PRORATED AND REFUNDED IN PART IF HE SHOULD LEAVE BEFORE THE EXPIRATION OF A SCHOOL TERM. IT IS SUGGESTED THAT IF AN AGREEMENT OR CONTRACT IS ENTERED INTO WITH ANY OTHER INSTITUTIONS WITH RESPECT TO THE PAYMENT OF ADVANCE TUITION AND RELATED FEES PROVISION SHOULD BE MADE--- WHEREVER POSSIBLE- - FOR REFUND OF THE UNEARNED PORTION THEREOF IN THE EVENT OF DISCONTINUANCE OR INTERRUPTION OF THE STUDENT'S COURSE OF STUDY.