A-10089, JULY 8, 1925, 5 COMP. GEN. 11

A-10089: Jul 8, 1925

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TO WHICH THE AMOUNTS DETERMINED BY THE PRESIDENT ARE AUTHORIZED TO BE TRANSFERRED FROM THE APPROPRIATIONS OF THE WAR AND NAVY DEPARTMENTS FOR THE PRODUCTION OF HELIUM. 1925: I HAVE YOUR LETTER OF JUNE 11. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE AN INITIAL TRANSFER OF FUNDS FROM WAR AND NAVY DEPARTMENT APPROPRIATIONS AVAILABLE FOR PRODUCTION OF HELIUM TO A SINGLE NEW APPROPRIATION TITLE TO BE ESTABLISHED ON THE BOOKS OF THE TREASURY UNDER THE BUREAU OF MINES. MAINTENANCE AND OPERATION OF PLANTS FOR THE PRODUCTION THEREOF AND EXPERIMENTS THEREWITH IS LIKEWISE HEREBY GRANTED TO THE NAVY DEPARTMENT. HELIUM PRODUCTION IS TO BE EXCLUSIVELY A FUNCTION OF THE BUREAU OF MINES ON AND AFTER JULY 1.

A-10089, JULY 8, 1925, 5 COMP. GEN. 11

DEPARTMENTS, EXECUTIVE - TRANSFER OF APPROPRIATIONS UNDER AUTHORITY OF THE ACT OF MARCH 4, 1925, 43 STAT. 1331, THERE MAY BE ADOPTED A DISTINCTIVE APPROPRIATION HEADING UNDER THE BUREAU OF MINES, WITHOUT NECESSARILY INCLUDING REFERENCE TO APPROPRIATIONS OF THE WAR AND NAVY DEPARTMENTS, TO WHICH THE AMOUNTS DETERMINED BY THE PRESIDENT ARE AUTHORIZED TO BE TRANSFERRED FROM THE APPROPRIATIONS OF THE WAR AND NAVY DEPARTMENTS FOR THE PRODUCTION OF HELIUM.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 8, 1925:

I HAVE YOUR LETTER OF JUNE 11, 1925, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE AN INITIAL TRANSFER OF FUNDS FROM WAR AND NAVY DEPARTMENT APPROPRIATIONS AVAILABLE FOR PRODUCTION OF HELIUM TO A SINGLE NEW APPROPRIATION TITLE TO BE ESTABLISHED ON THE BOOKS OF THE TREASURY UNDER THE BUREAU OF MINES, INSTEAD OF FOLLOWING THE USUAL PROCEDURE, APPROVED BY THIS OFFICE, OF ESTABLISHING THE CREDIT UNDER THE SAME TITLE AS THE APPROPRIATION FROM WHICH TRANSFERRED WITH ADDITION OF THE WORDS SHOWING THAT THE TRANSFER HAS BEEN MADE TO ANOTHER DEPARTMENT UNDER THE ACT AUTHORIZING SUCH TRANSFER SO AS TO IDENTIFY THE STATUS OF THE MONEY SO TRANSFERRED AT ANY TIME.

WITH YOUR LETTER YOU TRANSMIT REQUEST OF THE WAR DEPARTMENT FOR THE TRANSFER OF $200,000 FROM THE APPROPRIATION "AIR SERVICE, ARMY, 1926," TO THE BUREAU OF MINES, UNDER AUTHORIZATION GIVEN BY THE PRESIDENT ON MARCH 4, 1925, WHICH ALSO AUTHORIZED TRANSFER OF A LIKE AMOUNT FROM THE APPROPRIATIONS FOR THE NAVY DEPARTMENT.

SECTION 3 OF THE ACT OF MARCH 3, 1925, 43 STAT. 1111, PROVIDES AS FOLLOWS:

THAT ON OR BEFORE JUNE 30, 1925, ALL EXISTING GOVERNMENT PLANTS OPERATED BY THE GOVERNMENT OR UNDER LEASE OR CONTRACT WITH IT, FOR THE PRODUCTION OF HELIUM SHALL BE TRANSFERRED TO THE JURISDICTION OF THE BUREAU OF MINES: PROVIDED, THAT THEREAFTER THE ARMY AND NAVY AND OTHER BRANCHES OF THE FEDERAL SERVICE REQUIRING HELIUM MAY REQUISITION IT FROM THE SAID BUREAU AND MAKE PAYMENT THEREFOR BY TRANSFER OF FUNDS ON THE BOOKS OF THE TREASURY FROM ANY APPLICABLE APPROPRIATION AT ACTUAL COST OF SAID HELIUM TO THE UNITED STATES, INCLUDING ALL EXPENSES CONNECTED THEREWITH: * * *.

THE DEFICIENCY ACT OF MARCH 4, 1925, 43 STAT. 1331, UNDER THE HEADING "BUREAU OF MINES" PROVIDES AS FOLLOWS:

THE FUNDS INCLUDED IN THE WAR AND NAVY DEPARTMENTS APPROPRIATION ACTS FOR THE PRODUCTION OR PURCHASE OF HELIUM FOR THE FISCAL YEAR ENDING JUNE 30, 1926, IN SUCH AMOUNTS AS MAY BE DETERMINED BY THE PRESIDENT, NOT TO EXCEED A TOTAL OF $1,000,000, SHALL BE TRANSFERRED ON THE BOOKS OF THE TREASURY FOR EXPENDITURE BY THE BUREAU OF MINES FOR LIKE PURPOSES.

THE APPROPRIATION ACT OF FEBRUARY 12, 1925, 43 STAT. 906, UNDER THE HEADING "AIR SERVICE, ARMY," PROVIDES AS FOLLOWS:

* * * FOR THE ACQUISITION OF LAND OR INTEREST, IN LAND BY PURCHASE, LEASE, OR CONDEMNATION WHERE NECESSARY TO EXPLORE FOR, PROCURE, OR RESERVE HELIUM GAS, AND ALSO FOR THE PURCHASE, MANUFACTURE, CONSTRUCTION, MAINTENANCE, AND OPERATION OF PLANTS FOR THE PRODUCTION THEREOF AND EXPERIMENTATION THEREWITH * * *: PROVIDED, * * * NOT EXCEEDING $500,000 MAY BE EXPENDED FOR EXPERIMENTATION, CONSERVATION, AND PRODUCTION OF HELIUM * * *. AUTHORIZATION AS HEREIN GRANTED FOR THE ACQUISITION OF LAND OR INTEREST IN LAND BY PURCHASE, LEASE, OR CONDEMNATION WHERE NECESSARY TO EXPLORE FOR, PROCURE, OR RESERVE HELIUM GAS, AND ALSO FOR THE PURCHASE, MANUFACTURE, CONSTRUCTION, MAINTENANCE AND OPERATION OF PLANTS FOR THE PRODUCTION THEREOF AND EXPERIMENTS THEREWITH IS LIKEWISE HEREBY GRANTED TO THE NAVY DEPARTMENT.

IN THE ACT OF FEBRUARY 11, 1925, 43 STAT. 877, UNDER THE HEADING "AVIATION, NAVY," THERE APPEARS THE ITEM "* * * FOR MAINTENANCE, REPAIR, AND OPERATION OF * * * HELIUM PLANT * * *.' SEE ALSO PROVISION IN ACT OF FEBRUARY 12, 1925, 43 STAT. 908.

CONSTRUING THESE STATUTES TOGETHER, OR IN CONNECTION WITH EACH OTHER, HELIUM PRODUCTION IS TO BE EXCLUSIVELY A FUNCTION OF THE BUREAU OF MINES ON AND AFTER JULY 1, 1925. FOR THIS PURPOSE THE ACT OF MARCH 4,1925, SUPRA, AUTHORIZES THE TRANSFER OF FUNDS ON THE BOOKS OF THE TREASURY FROM THE WAR AND NAVY DEPARTMENT APPROPRIATIONS "FOR EXPENDITURE BY THE BUREAU OF MINES FOR LIKE PURPOSES.' THE AMOUNT DETERMINED BY THE PRESIDENT UNDER AUTHORITY OF SAID STATUTE IS TO BE TRANSFERRED ABSOLUTELY FROM THE WAR AND NAVY DEPARTMENT APPROPRIATIONS TO THE BUREAU OF MINES AND NOT MERELY PLACED SUBJECT TO REQUISITION FOR DIRECT EXPENDITURE AS PROVIDED FOR IN CERTAIN CASES UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613. THE TRANSFER IS NOT IN THE FORM OF CREDIT FOR THE PERFORMANCE OF SERVICES OR PROCUREMENT OF HELIUM FOR THE WAR AND NAVY DEPARTMENTS TO THE EXTENT OF THE AMOUNTS TRANSFERRED, RESPECTIVELY, SUCH AS TO REQUIRE A REFERENCE TO THE APPROPRIATIONS FROM WHICH TRANSFERRED IN SETTING UP THE APPROPRIATION UNDER THE BUREAU OF MINES, BUT IS AS THOUGH THE AMOUNT AUTHORIZED TO BE TRANSFERRED HAD BEEN APPROPRIATED IN THE FIRST INSTANCE UNDER THE BUREAU OF MINES.

THEREFORE, AS THIS IS NOT A TRANSFER OF THE CREDIT FOR PERFORMANCE OF SERVICES OR PURCHASE OF SUPPLIES, THERE MAY BE ADOPTED A DISTINCTIVE APPROPRIATION HEADING UNDER THE BUREAU OF MINES WITHOUT NECESSARILY INCLUDING A REFERENCE TO THE APPROPRIATIONS OF THE WAR AND NAVY DEPARTMENTS, TO WHICH THE AMOUNTS DETERMINED BY THE PRESIDENT ARE TO BE TRANSFERRED FROM THE WAR AND NAVY DEPARTMENTS.

ATTENTION IS INVITED TO THE LIMITATION OF $500,000 IN THE WAR DEPARTMENT APPROPRIATION "FOR EXPERIMENTATION, CONSERVATION, AND PRODUCTION OF HELIUM," WHICH AMOUNT MAY NOT BE EXCEEDED BY A TRANSFER OF FUNDS FROM THE WAR DEPARTMENT APPROPRIATION TO THE BUREAU OF MINES.