A-81564, DECEMBER 1, 1936, 16 COMP. GEN. 545

A-81564, DECEMBER 1, 1936, 16 COMP. GEN. 545

APPROPRIATIONS - TRANSFERS - SERVICES BETWEEN DEPARTMENTS AND ESTABLISHMENTS - EXPENDITURE LIMITATIONS FUNDS AUTHORIZED TO BE TRANSFERRED FROM A GOVERNMENT DEPARTMENT OR INDEPENDENT ESTABLISHMENT TO THE GEOLOGICAL SURVEY FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS ARE NOT SUBJECT TO THE EXPENDITURE LIMITATIONS OF THE GEOLOGICAL SURVEY APPROPRIATION FOR THAT KIND OF WORK BUT REMAIN SUBJECT TO ALL LIMITATIONS IN THE APPROPRIATION FROM WHICH TRANSFERRED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, DECEMBER 1, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 7, 1936, AS FOLLOWS:

REFERENCE IS MADE TO THE INSTRUCTIONS CONTAINED IN GENERAL REGULATIONS NO. 83, ISSUED BY THE COMPTROLLER GENERAL OF THE UNITED STATES ON JUNE 9, 1936, AND TO THE LIST OF LIMITATION SYMBOLS PRESCRIBED FOR THE APPROPRIATIONS OF THE INTERIOR DEPARTMENT BY THE LETTER OF JULY 9, 1936, FROM THE CHIEF OF THE ACCOUNTING AND BOOKKEEPING DIVISION.

INCLUDED IN THE LIST OF PRESCRIBED LIMITATION SYMBOLS FOR EACH SUB APPROPRIATION ARE LIMITATIONS ON THE AMOUNT THAT MAY BE EXPENDED FOR SALARIES IN THE DISTRICT OF COLUMBIA. IN ADDITION THERE WERE PRESCRIBED THREE SPECIAL LIMITATION SYMBOLS: .900 FOR THE PURCHASE AND EXCHANGE OF PASSENGER VEHICLES; .901 FOR THE HIRE, MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER VEHICLES; AND .902 FOR ATTENDANCE UPON MEETINGS. THERE WAS ALSO PRESCRIBED, UNDER THE APPROPRIATIONS SYMBOL 1470105 FOR LIBRARY, DEPARTMENT OF THE INTERIOR, 1937, THE SYMBOL .005, LATER CHANGED TO .908 FOR THE LIMITATION OF $2,500 WHICH THE GEOLOGICAL SURVEY IS PERMITTED TO SPEND FROM ITS APPROPRIATIONS FOR THE PURCHASE OR EXCHANGE OF PROFESSIONAL AND SCIENTIFIC BOOKS, PERIODICALS, BOOKS OF REFERENCE, ETC.

THE GEOLOGICAL SURVEY'S APPROPRIATION ACT PERMITS THE TRANSFER OF FUNDS FROM OTHER GOVERNMENT AGENCIES TO THE GEOLOGICAL SURVEY FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS THAT ARE WITHIN THE SCOPE OF THE FUNCTIONS OF THE GEOLOGICAL SURVEY. THE WORDING, IN PART, IS AS FOLLOWS:

"* * * PROVIDED, THAT ANY SUMS TRANSFERRED BY ANY DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT TO THE GEOLOGICAL SURVEY FOR COOPERATIVE WORK IN CONNECTION WITH THIS APPROPRIATION MAY BE EXPENDED IN THE SAME MANNER AS SUMS APPROPRIATED HEREIN MAY BE EXPENDED: * * *.'

YOUR DECISION IS REQUESTED AS TO WHETHER THE LIMITATIONS ON THE AMOUNTS THAT MAY BE EXPENDED FOR SALARIES IN THE DISTRICT OF COLUMBIA, AND THE FOUR SPECIAL LIMITATIONS REFERRED TO ABOVE, APPLY ALSO TO EXPENDITURES MADE FOR THOSE PURPOSES FROM FUNDS TRANSFERRED FROM OTHER FEDERAL AGENCIES UNDER THE AUTHORITY IN THE GEOLOGICAL SURVEY'S APPROPRIATION ACT, OR WHETHER FUNDS SO TRANSFERRED MAY BE EXPENDED WITHOUT REGARD TO THOSE LIMITATIONS WHICH HAVE BEEN PRESCRIBED FOR THE ITEMS IN THE GEOLOGICAL SURVEY'S APPROPRIATION ACT.

SPECIFICALLY, MAY FUNDS TRANSFERRED FROM THE NAVY DEPARTMENT TO THE GEOLOGICAL SURVEY AND SET UP UNDER THE APPROPRIATION TITLE:

14-1770307. OPERATION AND CONSERVATION OF NAVAL PETROLEUM RESERVES

(NAVY TRANSFER TO INTERIOR, GEOLOGICAL SURVEY, ACT

JUNE 22, 1936), 1937. BE EXPENDED FOR SALARIES IN THE DISTRICT OF COLUMBIA; FOR THE PURCHASE AND EXCHANGE, AND THE HIRE, MAINTENANCE, REPAIR, AND OPERATION OF PASSENGER VEHICLES; FOR ATTENDANCE AT SCIENTIFIC MEETINGS; AND FOR THE PURCHASE OF SCIENTIFIC BOOKS AND PERIODICALS (WHERE THE NECESSITY FOR INCURRING SUCH EXPENSES ARISES IN CONNECTION WITH THE PROSECUTION OF THE SCIENTIFIC AND TECHNICAL INVESTIGATIONS FOR WHICH THE FUNDS WERE TRANSFERRED), WITHOUT BEING CHARGED TO THE LIMITATIONS ON EXPENDITURES FOR THESE PURPOSES SET FORTH ABOVE?

THE NATURE OF THE SERVICE TO BE RENDERED TO THE NAVY DEPARTMENT BY THE GEOLOGICAL SURVEY IS NOT STATED IN YOUR SUBMISSION AND IT CANNOT THEREFORE BE DETERMINED WHETHER SCIENTIFIC AND TECHNICAL INVESTIGATIONS ARE INVOLVED OR WHETHER THE PROPOSED TRANSFER IS AUTHORIZED. 7 COMP. GEN. 449, 9 ID. 89. ASSUMING THAT THE SERVICE TO BE RENDERED DOES INVOLVE SCIENTIFIC AND TECHNICAL INVESTIGATIONS NECESSARY TO THE DUTY IMPOSED UPON THE SECRETARY OF THE NAVY BY THE ACT OF JUNE 4, 1920, 41 STAT. 813, AND THAT THE TRANSFER IS OTHERWISE PROPER, THE TRANSFERRED FUNDS WOULD NOT BE SUBJECT TO THE LIMITATIONS FOUND IN THE GEOLOGICAL SURVEY APPROPRIATION BUT WOULD BE SUBJECT TO ALL LIMITATIONS FOUND IN THE APPROPRIATION FROM WHICH TRANSFERRED. IN OTHER WORDS THE QUESTION AS TO WHETHER OR TO WHAT EXTENT THE FUNDS TRANSFERRED COULD BE USED FOR PERSONAL SERVICES, PURCHASE, ETC., OF PASSENGER-CARRYING VEHICLES, ATTENDANCE AT MEETINGS, AND PURCHASE OF BOOKS AND PERIODICALS WOULD DEPEND UPON THE TERMS OF THE APPROPRIATION FROM WHICH THE TRANSFER IS MADE. THE PROVISO TO THE GEOLOGICAL SURVEY APPROPRIATION, QUOTED IN YOUR SUBMISSION, REFERS TO THE "MANNER" OF EXPENDING FUNDS SO TRANSFERRED AND NOT TO THE VARIOUS LIMITATIONS UPON THE AMOUNTS WHICH MAY BE EXPENDED FOR VARIOUS OBJECTS. YOUR SUBMISSION IS ANSWERED ACCORDINGLY.