A-11188, OCTOBER 20, 1925, 5 COMP. GEN. 275

A-11188: Oct 20, 1925

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BEING FOR THE PURPOSES OF CARRYING ON THE WORK OF AN ACTIVITY TRANSFERRED TO THE BUREAU OF MINES SUBSEQUENT TO THE TIME ESTIMATES FOR STATIONERY APPROPRIATIONS WERE SUBMITTED TO THE CONGRESS BY THE BUREAU. 1925: I HAVE YOUR LETTER OF SEPTEMBER 10. SUCH PRINTED ENVELOPES AS ARE NOT SUPPLIED UNDER CONTRACTS MADE BY THE POSTMASTER GENERAL. IT APPEARS THAT THE AMOUNT STIPULATED WAS DEDUCTED FROM THE DIFFERENT APPROPRIATIONS FOR WORK UNDER THE BUREAU OF MINES. THE AMOUNT SO DEDUCTED WAS PRORATED BETWEEN THE BUREAU OF MINES AND THE UNITED STATES GEOLOGICAL SURVEY. IT IS STATED IN YOUR LETTER THAT AT THE TIME THE $17. 000 ESTIMATE FOR STATIONERY FOR THE BUREAU OF MINES FOR THE FISCAL YEAR 1926 WAS MADE IT WAS NOT CONTEMPLATED THAT THIS AMOUNT WOULD COVER THE STATIONERY NEEDED FOR HELIUM WORK IN THE FIELD.

A-11188, OCTOBER 20, 1925, 5 COMP. GEN. 275

BUREAU OF MINES - PURCHASE OF STATIONERY THE APPROPRIATION "HELIUM CONSERVATION, PRODUCTION AND EXPLOITATION, BUREAU OF MINES (ACT MARCH 4, 1925), 1926," ESTABLISHED ON THE BOOKS OF THE GOVERNMENT IN ACCORDANCE WITH DECISION OF JULY 8, 1925, 5 COMP. GEN. 11, BEING FOR THE PURPOSES OF CARRYING ON THE WORK OF AN ACTIVITY TRANSFERRED TO THE BUREAU OF MINES SUBSEQUENT TO THE TIME ESTIMATES FOR STATIONERY APPROPRIATIONS WERE SUBMITTED TO THE CONGRESS BY THE BUREAU, MAY BE USED DURING THE PRESENT FISCAL YEAR FOR THE PURCHASE OF STATIONERY FOR HELIUM FIELD WORK TO BE CONDUCTED BY THE BUREAU UNDER THE ACT OF MARCH 4, 1925. 4 COMP. GEN. 642, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, OCTOBER 20, 1925:

I HAVE YOUR LETTER OF SEPTEMBER 10, 1925, REQUESTING DECISION AS TO WHETHER PART OF THE FUNDS TRANSFERRED TO THE BUREAU OF MINES FROM THE NAVY AND WAR DEPARTMENTS FOR THE CONSERVATION, PRODUCTION, AND EXPLOITATION OF HELIUM UNDER THE AUTHORITY OF THE ACT OF MARCH 4, 1925, 43 STAT. 1331, MAY BE USED BY THE BUREAU OF MINES TO PURCHASE STATIONERY ITEMS NECESSARY FOR HELIUM FIELD WORK.

IN MAKING APPROPRIATION FOR THE CONTINGENT EXPENSES FOR THE DEPARTMENT OF THE INTERIOR, THE BUREAU OF MINES THEN BEING A BUREAU THEREIN, THE ACT OF MARCH 3, 1925, 43 STAT. 1142, PROVIDED AS FOLLOWS:

FOR STATIONERY, INCLUDING TAGS, LABELS, INDEX CARDS, CLOTH LINED WRAPPERS, AND SPECIMEN BAGS, PRINTED IN THE COURSE OF MANUFACTURE, AND SUCH PRINTED ENVELOPES AS ARE NOT SUPPLIED UNDER CONTRACTS MADE BY THE POSTMASTER GENERAL, FOR THE DEPARTMENT AND ITS SEVERAL BUREAUS AND OFFICES, $73,000; AND, IN ADDITION THERETO, SUMS AMOUNTING TO $90,000 SHALL BE DEDUCTED FROM OTHER APPROPRIATIONS MADE FOR THE FISCAL YEAR 1926, AS FOLLOWS: * * * BUREAU OF MINES, $17,000 * * * AND SAID SUMS SO DEDUCTED SHALL BE CREDITED TO AND CONSTITUTE, TOGETHER WITH THE FIRST NAMED SUM OF $73,000, A TOTAL APPROPRIATION FOR STATIONERY FOR THE DEPARTMENT AND ITS SEVERAL BUREAUS AND OFFICES FOR THE FISCAL YEAR 1926.

IT APPEARS THAT THE AMOUNT STIPULATED WAS DEDUCTED FROM THE DIFFERENT APPROPRIATIONS FOR WORK UNDER THE BUREAU OF MINES, AND UPON THE TRANSFER OF THAT BUREAU TO THE DEPARTMENT OF COMMERCE IN ACCORDANCE WITH EXECUTIVE ORDER DATED JUNE 4, 1925, THE AMOUNT SO DEDUCTED WAS PRORATED BETWEEN THE BUREAU OF MINES AND THE UNITED STATES GEOLOGICAL SURVEY, THE LATTER HAVING TAKEN OVER CERTAIN ACTIVITIES NOT TRANSFERRED TO THE DEPARTMENT OF COMMERCE WITH THE BUREAU OF MINES, IN THE FOLLOWING PROPORTIONS--- $14,060 TO THE BUREAU OF MINES AND $2,940 TO THE GEOLOGICAL SURVEY.

IT IS STATED IN YOUR LETTER THAT AT THE TIME THE $17,000 ESTIMATE FOR STATIONERY FOR THE BUREAU OF MINES FOR THE FISCAL YEAR 1926 WAS MADE IT WAS NOT CONTEMPLATED THAT THIS AMOUNT WOULD COVER THE STATIONERY NEEDED FOR HELIUM WORK IN THE FIELD, AND THAT IF THE BUREAU IS RESTRICTED TO THE USE OF $14,060 THE FUND WILL NOT BE SUFFICIENT TO SUPPLY THE STATIONERY NEEDS FOR THE ENTIRE BUREAU DURING THE PRESENT FISCAL YEAR.

THE APPROPRIATION "HELIUM CONSERVATION, PRODUCTION, AND EXPLOITATION, BUREAU OF MINES (ACT OF MARCH 4, 1925), 1926," ESTABLISHED ON THE BOOKS OF THE GOVERNMENT IN ACCORDANCE WITH DECISION IN 5 COMP. GEN. 11, IS MADE UP AT THE PRESENT TIME OF $200,000 TRANSFERRED THEREUNDER FROM THE APPROPRIATION "AIR SERVICE, ARMY, 1926," AND $200,000 FROM THE APPROPRIATION "AVIATION, NAVY, 6," PURSUANT TO THE PROVISIONS OF THE ACT OF MARCH 4, 1925, 43 STAT. 1331, WHEREIN IT WAS ROVIDED:

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 ACTIVITY FOR WHICH THE APPROPRIATION HEREIN INVOLVED WAS MADE WAS PLACED UNDER THE BUREAU OF MINES SUBSEQUENT TO THE TIME ESTIMATES WERE MADE FOR STATIONERY FOR THE BUREAU, AND IT IS EVIDENT THAT SAID APPROPRIATION WAS INTENDED TO BE EXCLUSIVELY AVAILABLE FOR ALL NECESSARY EXPENDITURES INCIDENT TO THE FIELD WORK NECESSARY TO THE ACCOMPLISHMENT OF THE OBJECTS CONTEMPLATED THEREIN. SEE DECISION OF OCTOBER 25, 1913, 67 MS. COMP. DEC. 442; ALSO 25 COMP. DEC. 269, AND A.D. 7120, SEPTEMBER 26, 1922.

THE ESSENTIAL FACTS IN THIS CASE DISTINGUISH IT FROM THE CASE IN 4 COMP. GEN. 642, WHEREIN IT WAS HELD THAT WHERE CONGRESS HAS SPECIFICALLY LIMITED THE AMOUNT EXPENDABLE FOR STATIONERY A LATER APPROPRIATION FOR CERTAIN CONSTRUCTION WORK UNDER THE BUREAU INVOLVED COULD NOT BE USED TO SUPPLEMENT THE STATIONERY APPROPRIATION.

THE QUESTION HERE PRESENTED IS AS TO WHICH OF TWO APPROPRIATIONS IS PROPERLY CHARGEABLE WITH A GIVEN CLASS OF NECESSARY EXPENDITURES.

THE APPROPRIATIONS INVOLVED ARE (1) THE APPROPRIATION OF $400,000 AUTHORIZED UNDER THE ACT OF MARCH 4, 1925, SUPRA, TO BE EXPENDED BY THE BUREAU OF MINES TO CARRY OUT THE PROVISIONS OF THE ACT OF MARCH 3, 1925, 43 STAT. 1110, AND (2) THE APPROPRIATION "CONTINGENT EXPENSES, DEPARTMENT OF COMMERCE," OR RATHER, THE SPECIFIC ALLOTMENT OF $14,060 WHICH WAS TRANSFERRED TO SAID APPROPRIATION UNDER THE EXECUTIVE ORDER OF JUNE 4, 1925. IT HAS ALREADY BEEN POINTED OUT THAT THERE WAS NO OPPORTUNITY TO SUBMIT ESTIMATES FOR THIS ACTIVITY WHEN ESTIMATES FOR THE BUREAU OF MINES WERE MADE, AND IT IS EVIDENT THAT SUCH ITEMS OF STATIONERY AS MIGHT BE FOUND NECESSARY IN CONNECTION WITH THE HELIUM WORK COULD NOT HAVE BEEN INCLUDED IN THE ESTIMATES FOR CONTINGENT EXPENSES, DEPARTMENT OF COMMERCE, AT A TIME WHEN THE BUREAU OF MINES WAS NOT A PART OF THAT DEPARTMENT, AND THE HELIUM ACTIVITIES UNDER SUCH BUREAU DID NOT EXIST. SUCH BEING THE CASE AND CONSIDERING THE NATURE OF THE NEW ACTIVITY PROVIDED FOR, IT MUST BE HELD THAT THE ONLY APPROPRIATION AVAILABLE FOR THE PURCHASE OF THE STATIONERY ITEMS NECESSARY FOR HELIUM FIELD WORK APPEARS TO BE THE ONE AUTHORIZED UNDER THE ACT OF MARCH 4, 1925, SUPRA.

YOU ARE ACCORDINGLY ADVISED THAT FUNDS UNDER THE APPROPRIATION "HELIUM CONSERVATION, PRODUCTION, AND EXPLOITATION" MAY BE USED FOR THE PURCHASE OF STATIONERY ITEMS NECESSARY FOR HELIUM FIELD WORK UNDER THE BUREAU OF MINES DURING THE PRESENT FISCAL YEAR.