Bureau of Alcohol, Tobacco, Firearms, and Explosives--Prohibition in the 2008 Consolidated Appropriations Act, July 15, 2008

B-316510 Jul 15, 2008 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights ATF maintains a Firearms Trace System database containing information related to guns recovered in connection with a crime, and ATF conducts firearms traces for other law enforcement agencies. B-309704, Aug. 28, 2007. The 2006 proviso states, in part, that "no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database" to anyone other than a federal, state, or local law enforcement agency or a prosecutor in connection with a criminal investigation or prosecution. Pub. L. No. 109-108, title I, 119 Stat. 2290, 2296. In our opinion addressing the 2006 proviso, we held that when the phrase "this or any other act" is coupled with the phrase "with respect to any fiscal year," Congress intends the provision in question to be permanent because of the forward-looking effect of the phrase. B-309704, Aug. 28, 2007. We concluded that the 2006 proviso is permanent law. View Decision B-158409, MAR. 16, 1966, 45 COMP. GEN. 574 PAY - RETIRED - HOSPITALIZATION, ETC., IN VETERANS FACILITIES REDUCTION THE RETIRED PAY OF A FORMER ARMY NURSE INSTITUTIONALIZED IN A VETERANS HOSPITAL WHOSE AFFAIRS ARE ADMINISTERED BY A GUARDIAN AND WHOSE UNMARRIED, LEGITIMATE CHILD UNDER 18 IS FURNISHED NO SUBSTANTIAL ASSISTANCE IS NOT SUBJECT TO THE RETIRED PAY REDUCTION PRESCRIBED IN 38 U.S.C. 3203 (A) (1) FOR A VETERAN, WITHOUT SPOUSE, CHILD, OR DEPENDENT PARENT, WHO IS FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL, OR DOMICILIARY CARE BY THE VETERANS ADMINISTRATION, THE STATUTORY REQUIREMENT OF DEPENDENCY IN SECTION 3203 (A) (1) ATTACHING ONLY TO PARENTS, THE RETIREMENT PAY REDUCTION EXEMPTION FOR A VETERAN HAVING A CHILD IS THEREFORE BASED ON THE PARENT AND CHILD RELATIONSHIP WITHOUT REGARD TO THE CONDITION OF DEPENDENCY, AND THE VETERAN HAVING A "CHILD" WITHIN THE MEANING OF 38 U.S.C. 101 (4/--- AN UNMARRIED PERSON, UNDER THE AGE OF 18, AND LEGITIMATE --- IS ENTITLED TO RECEIVE RETIREMENT PAY FREE OF THE LIMITATION PRESCRIBED IN SECTION 3203 (A) (1), AND THE RETIRED PAY WITHHELD IS PAYABLE TO THE GUARDIAN. TO LIEUTENANT COLONEL H. W. KASSERMAN, DEPARTMENT OF THE ARMY, MARCH 16, 1966: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14, 1965, AND ENCLOSURES (NUMBERED 1 TO 19), REQUESTING AN ADVANCE DECISION CONCERNING PAYMENT PROPOSED ON VOUCHER (TRANSMITTED WITH YOUR LETTER) STATED IN FAVOR OF FRANK T. DOYLE, GUARDIAN, FOR SECOND LIEUTENANT PATRICIA M. MURDOCK, N- 785305, ARMY NURSE CORPS, RETIRED, IN THE AMOUNT OF $500.56, REPRESENTING AN ADJUSTMENT OF RETIRED PAY WITHHELD BY REASON OF THE PROVISION OF 38 U.S.C. 3202 (A) (1), FOR THE PERIOD APRIL 1, 1965 TO SEPTEMBER 30, 1965, INCLUSIVE. YOUR REQUEST WAS ASSIGNED D.O. NO. A-889 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE. IT IS INDICATED THAT LIEUTENANT PATRICIA M. DOYLE, ARMY NURSE CORPS, WAS RETIRED ON MAY 31, 1946, BY REASON OF DISABILITY UNDER AUTHORITY OF THE ACT OF JUNE 20, 1930, CH. 554, 46 STAT. 790, 10 U.S.C. 937 (1946 ED.), AND THE ACT OF JUNE 22, 1944, CH. 272, 58 STAT. 324, 50 U.S.C. APP. 1591 (1958 ED.). HER NAME HAS BEEN CHANGED TO MURDOCK BY REASON OF MARRIAGE. CHILD, JUDITH ANNE KRAFT, WAS BORN MAY 4, 1949, AND THE CERTIFICATE OF BIRTH (ENCLOSURE 11) SHOWS THE NAME OF THE MOTHER AS PATRICIA M. DOYLE AND THE NAME OF THE FATHER AS JAMES RALPH KRAFT. THE CHILD'S NAME WAS LEGALLY CHANGED TO JUDITH ANN MURDOCK ON MARCH 5, 1962 (ENCLOSURE 12). ON FEBRUARY 13, 1959, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCISCO, MR. FRANK T. DOYLE (LIEUTENANT MURDOCK'S BROTHER) WAS APPOINTED GUARDIAN OF THE PERSON AND ESTATE OF PATRICIA DOYLE MURDOCK, INCOMPETENT (ENCLOSURE 16). IT APPEARS THAT THE APPOINTMENT OF GUARDIANSHIP IS STILL IN FULL FORCE AND EFFECT AND THAT RETIRED PAY HAS BEEN PAID TO THE GUARDIAN SINCE FEBRUARY 1959. IT IS STATED THAT LIEUTENANT MURDOCK WAS DISCHARGED FROM THE VETERANS ADMINISTRATION HOSPITAL, SAN FRANCISCO, CALIFORNIA, ON FEBRUARY 19, 1961, AFTER 2 MONTHS OF COMPLETE BED OCCUPANCY. IT IS ALSO STATED THAT LIEUTENANT MURDOCK WAS ADMITTED ON AUGUST 21, 1961, TO THE VETERANS ADMINISTRATION HOSPITAL, PALO ALTO, CALIFORNIA, AND HAS REMAINED THEREIN AS A PATIENT SINCE THAT DATE WITHOUT LEAVE, TRIAL VISITS, RELEASE OR DISCHARGE. IT APPEARS THAT VETERANS ADMINISTRATION FORM 10-7132, DATED MARCH 26, 1965, SHOWING THE ADMISSION OF LIEUTENANT MURDOCK TO THE PALO ALTO VA HOSPITAL IN THE MONTH OF AUGUST 1961 WAS THE FIRST NOTICE OF VETERANS ADMINISTRATION HOSPITALIZATION RECEIVED BY THE ARMY FINANCE CENTER FOLLOWING THE PRIOR RECEIPT OF VETERANS ADMINISTRATION FORM 21-404, DATED FEBRUARY 23, 1961, WHICH YOU SAY INDICATES THAT SHE WAS DISCHARGED FROM THE SAN FRANCISCO VA HOSPITAL ON FEBRUARY 19, 1961. UNDER AUTHORITY OF 38 U.S.C.