USE OF APPROPRIATED FUNDS FOR PAYMENT FOR SERVICES OF A PERSONAL NATURE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070021-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 21
• Publication Date: June 23, 1948
• Content Type: MEMO

OGC Has Re dor Release 2001/09/0 CIA-
Office A4emorandum ? UNITED STATES GOVERNMENT
of the riirposes for which the funds were appropriated:, (CG B-73234)
Services of a Personal Nature
The availability of current appropriations for the
nayrn?nt of salaries of mess personnal and the probable' pur-
chase of facilities for the use and benefit of -personnel
arslrned tc_ areas outside the continental United States has
! rforrnally been considered by this office.
2. It may be stated as a general rule that the use of.
9ppropriated f indds for objects not specifically set forth in
the Ar'nrop,r.=a ti on Act i s unauthorized unless it follows by
necessary imp? i ca tl cn that the object not specified bears a
direct connection with and is essential to the accomplishment;
ct: t 1 on of renpral prohthi ti.nr statutes.
{ ' 1) lanruape of the c,.irrent appropriations acts, (iii) the appli-
Tha t the avs 1 l Rhi :! I ty of enpropriations for the pzar-
}::f): es here ccreerned is unauthorized, in the absence of express
s-ipi.u;ation, is clear from (i) decision of the Comptroller General,
a, In ll U:s 49, the extension of the officers'
mer's, Navy. Department, from shipboard to shore, under
compel 1.1 nE* reasons, evoked the following c,Dmments from
the Comrtroller General:
"As hereinbefore stated, there is no law
or leral rerulstion which recognizes officers'
messes as of a public character, and the inhi
'1% t cz. lise of Anpropriated Funds for Payment for
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hibition in oi:.estion in the current appropri-
ation act is intended to stop the practice of
detailing enlisted men to prepare and. serve
ford tc officers' messes not recognized or
authorizer by law or lePal regulation. If the
officers are required or permitted to subsist
t-:emselires gs!!nre, it is a private mess not-
w:ithstandinz the officers may technically be
on sea duty. Decision A-38907, December 11
1931. The purpose of the inhibition on pay
and allowances of enlisted men in the proviso
in r'.lestion, as shown in the legislative
history and the status of the law then in
force, is to prohibit the detail of enlisted
men and civilians in naval service to perform
for officers duty of a private or personal
character as contrasted with public duty."
:I n the same decision, the Comptroller General, quoting
from `+ll 1.1 ams v. United States, 44 Ct. Cis. 175, em-
phnsized the di fferenc=e between shipboard and voluntary
messes , ana the necessity of positive legislation in the
matter:
"Section 1115 and 1120, Navy Regulations
of 1900, as well as 1.905, have reference only
to officers' mess on board ship, and whatever
practice may have grown up respeet1ng the_.detall
of enlisted men on shipboard to prepare and serve
food to the officers thereof can have no Uppli-
cation to officers' mess on shore, nor is there
any law authorizing the regulation of officers'
mE!ss on shore. Officers on shore are at liberty
to aet their -heals when and how they please, and
if for economical reasons or otherwise unite in
Vorm{_nr a mess or. shore that is their own concern
and no regulation respect{n.g it other than that
of their own making is required, and membership
thereln is entirely optional with them."
b. Th ' use of appropriated. funds for the furnishing
of nersonnel and facilities for the operation of messes ,
all things being equal, does not flow by necessary impli-
cation, nor is it tenable on the basis of a specific annrc-
rr labor: iustifyinr reasonable and necessary Incidental.
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P:,pendi tures essential to the accompli shunent thereof.
Specific purpose language is not discoverable in the
current arDropriation which would warrant a character-
ization of the siablect concerned as a reasonable and
necessary incidental. i9oreover, the fact that the
work of the has been carried on since its in--
cent:ion without such special services demonstrates
that the proposed expenditures ;::re not essentially
requisite to the accomplish,ent of the ,tatutory pur-
poses of the appropriations available to CIA, and,
ot,vi ousl y, were riot within the general contemplation
of such appropriations. Where Congress clearly in-
tends that an appropriation shall be available for
rags service and facilities, it does so by express
lanrv.are. A recent appropriation act serves further
to confirm the principle that where benefits not
strictly of a public nature are involved,-the express
authorization of Congress is required:
"Public Law 597 -80th Congress. Title I -
Foreign Service Salaries and Expenses, F.S.
* * * and the 7peration and maintenance of
commissary and mess service (not to exceed
:*-200,Oc0) without regard ,o section 3?09 of
the Fevi.sed Statutes, as amended; * * *"
"Public Law 571 - 80th Congress * * * (a) fur-
nishing food and shelter, without repayment
therefor, to employees of the Government assigned
to Arctic stations; * * *It
4. Particularly in point is 20 CG 601 which involved a
question raised by the Navy Department whereby it wished to
~~~,;An f "Ge eral. Expenses q Marine
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Corps", for expenditure for supplying necessary maid 7 cook,
and personal services other than Janitor services for the New
i;evy Nurses quarters, Marine Barracks, Cuanti.co, Va. In a
letter to the Comptroller General, the Navy Department wrote:
* * * The Appropriation "General. Expenses, Marine
Corps, for the current fiscal year, as contained in
the Naval A propriation Act, approved June 11, 1940,
(Pub. No. 5`~) , is in terms available "For F * * per-
sonal and other services, and for other incidental,
expensefi for the Marine Corps not otherwise provided
for.
"The old Navy nurses' quarters at the Marine Barracks,
Yuantico, Va., were small, consisting approximately of
six rrcros, whereas the new Navy Nurses Quarters at that
r lace 4-nclude a large living room, dining room, kitchen,
.ase-?:ent, ."St anri second floor corridors, and fourteen
nurses' rooms. The nurses occupying the old nurses'
quarters we re furnished Janitor services, but maid, cook,
and Personal services other than Janitor were furnished
by the nurses themselves. * * * "
5. Revised Statute, Section 1765, provides:
"No officer i n 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,
f:)- `he disbursement of public money, or for any other
service cr duty whatever, unless the same is authorized
by law , and the appropriation therefore explicitly states
this'. -_t i s for such additional pay, extra allowance, or
-F>rsatj on."
6. In applying this statute, the Comptroller General
stated:
If " * * To provide at this time and without further
authorization from the Congress, maid sezvice, cooks,
and other personal services (not otherwise described)
in addition to the quarters would be in contravention
Section 1765, Revised Statutes. * * * it
Shoi11d the subject matter of this memoranda be raised
r:`c ~mslly, the above discu3sion would require that this off=Ice
:v se siz.^.il. srly.
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'his 'enorandum does not consider the Act of March 5,
l02' , c. 2-26 ". ?, 45 Stat. 193, 5 U.S.C.A. Sect. 75 a.. which
ircirldes that the head of an executive department may, in his
i?irirment, on certain conditions. furnish civilians employed
it! the field service with quarters, heat, light, household
eniiDment, subsistence, and laundry servic?, the reasonable
value of such allowances to be determined and considered as part
c`' the compensation in fixing the salary rate of such employees.
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