A-17143, MAY 6, 1927, 6 COMP. GEN. 721

A-17143: May 6, 1927

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COMPRISES FUNDS APPROPRIATED BY CONGRESS IN A LUMP SUM FOR THE PROCUREMENT OF ARTICLES NOT SPECIFICALLY AUTHORIZED BY NAME OR OTHER CLASS DESIGNATION BUT WHICH ARE ESSENTIAL TO CARRY ON THE OPERATIONS OF THE DEPARTMENT OR OFFICE. OR MISCELLANEOUS EXPENSES THERE ARE ENUMERATED A NUMBER OF ARTICLES. THERE IS ALSO APPROPRIATED AN ADDITIONAL LUMP SUM FOR OTHER SUPPLIES AND EXPENSES. 1927: I HAVE YOUR LETTER OF APRIL 9. SUBMITTING FOR DECISION A QUESTION AS TO WHETHER CERTAIN APPROPRIATIONS OF THE TREASURY DEPARTMENT ARE TO BE REGARDED AS CONTINGENT FUNDS WITHIN THE MEANING OF SECTION 3683. YOUR ATTENTION IN THIS CONNECTION IS INVITED TO 5 COMP. IN WHICH IT WAS HELD THAT THE EXPRESSION "CONTINGENT FUND" AS USED IN SECTION 3683.

A-17143, MAY 6, 1927, 6 COMP. GEN. 721

APPROPRIATIONS - CONTINGENT FUND - TREASURY DEPARTMENT THE TERM "CONTINGENT FUND" AS USED IN SECTION 3683, REVISED STATUTES, COMPRISES FUNDS APPROPRIATED BY CONGRESS IN A LUMP SUM FOR THE PROCUREMENT OF ARTICLES NOT SPECIFICALLY AUTHORIZED BY NAME OR OTHER CLASS DESIGNATION BUT WHICH ARE ESSENTIAL TO CARRY ON THE OPERATIONS OF THE DEPARTMENT OR OFFICE. WHERE UNDER AN APPROPRIATION FOR CONTINGENT, INCIDENTAL, OR MISCELLANEOUS EXPENSES THERE ARE ENUMERATED A NUMBER OF ARTICLES, AND THERE IS ALSO APPROPRIATED AN ADDITIONAL LUMP SUM FOR OTHER SUPPLIES AND EXPENSES, THE PROVISIONS OF SECTION 3683, REVISED STATUTES, APPLY ONLY TO THE PURCHASE OF ARTICLES NOT SPECIFICALLY NAMED IN THE APPROPRIATION ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 6, 1927:

I HAVE YOUR LETTER OF APRIL 9, 1927, SUBMITTING FOR DECISION A QUESTION AS TO WHETHER CERTAIN APPROPRIATIONS OF THE TREASURY DEPARTMENT ARE TO BE REGARDED AS CONTINGENT FUNDS WITHIN THE MEANING OF SECTION 3683, REVISED STATUTES, AND THE PROVISION OF SUPPLEMENT NO. 2, GENERAL ACCOUNTING OFFICE GENERAL REGULATIONS NO. 51, DATED MARCH 17, 1927.

YOUR ATTENTION IN THIS CONNECTION IS INVITED TO 5 COMP. GEN. 164, IN WHICH IT WAS HELD THAT THE EXPRESSION "CONTINGENT FUND" AS USED IN SECTION 3683, REVISED STATUTES, EVIDENTLY WAS INTENDED TO APPLY TO THAT GROSS SUM SET APART BY CONGRESS FOR THE PROCUREMENT OF ARTICLES NOT SPECIFICALLY AUTHORIZED BY NAME OR OTHER CLASS DESIGNATION IN THE APPROPRIATION ACT BECAUSE THEY COULD NOT BE READILY FORESEEN OR ANTICIPATED BUT WHICH ARE ESSENTIAL TO CARRY ON THE OPERATIONS OF THE DEPARTMENT OR OFFICE, THE PURPOSE BEING TO LEAVE TO THE HEAD OF THE DEPARTMENT ALONE THE DUTY OF DETERMINING THE NECESSITY FOR ANY SUCH ARTICLES AND OF SPECIFICALLY AND BY WRITTEN ORDER DIRECTING THE PURCHASE THEREOF FROM THE CONTINGENT FUND WHEN NO OTHER APPROPRIATION IS PROPERLY AVAILABLE THEREFOR. SEE ALSO 21 COMP. DEC. 689.

IF UNDER AN APPROPRIATION FOR CONTINGENT, INCIDENTAL, OR MISCELLANEOUS EXPENSES, THESE BEING SYNONYMOUS TERMS IN THIS CONNECTION, DUNWOODY V. UNITED STATES, 22 CT.CLS. 269, THERE IS ENUMERATED A NUMBER OF ARTICLES, AND THERE IS ALSO APPROPRIATED AN ADDITIONAL LUMP SUM FOR OTHER SUPPLIES AND EXPENSES, THE PROVISIONS OF SECTION 3683, REVISED STATUTES, APPLY ONLY TO THE PURCHASE OF ARTICLES NOT SPECIFICALLY NAMED IN THE APPROPRIATION ACT. AS TO THE PURCHASE OF THE ARTICLES SPECIFICALLY NAMED THE PROVISIONS OF THAT SECTION HAVE NO APPLICATION.

APPLYING THE RULE OR PRINCIPLE ABOVE STATED TO THE APPROPRIATIONS REFERRED TO IN YOUR SUBMISSION YOU ARE ADVISED AS FOLLOWS:

OF THE APPROPRIATIONS REFERRED TO UNDER THE OFFICE OF THE CHIEF CLERK AND SUPERINTENDENT, THE ONLY APPROPRIATION WHICH IS SUBJECT TO THE PROVISIONS OF SECTION 3683, REVISED STATUTES, IS THAT MADE FOR MISCELLANEOUS ITEMS IN WHICH IT IS PROVIDED AFTER LISTING A NUMBER OF ARTICLES "AND PURCHASE OF OTHER ABSOLUTELY NECESSARY ARTICLES," AND THE CERTIFICATE PRESCRIBED BY THE REGULATIONS OF MARCH 17, 1927, IS REQUIRED ONLY WHEN THE PURCHASE INVOLVES ARTICLES OTHER THAN THOSE SPECIFICALLY NAMED IN THE APPROPRIATION.

UNDER THE COAST GUARD THE CERTIFICATE IN QUESTION IS REQUIRED WHEN ARTICLES ARE PROCURED UNDER THAT PART OF THE APPROPRIATION FOR CONTINGENT EXPENSES PROVIDING FOR "ALL OTHER NECESSARY EXPENSES WHICH ARE NOT INCLUDED UNDER ANY OTHER HEADING.' SECTION 3683, REVISED STATUTES, HAS NO APPLICATION TO THAT PART OF THE APPROPRIATION PROVIDING FOR SPECIFIC ITEMS NAMED THEREIN.

AS TO THE DIFFERENT APPROPRIATIONS MADE FOR THE MINT SERVICE, THE APPROPRIATION ACT SPECIFICALLY PROVIDES AS TO THAT MADE FOR CONTINGENT EXPENSES, BUREAU OF THE MINT, THAT IT SHALL BE EXPENDED UNDER THE DIRECTION OF THE DIRECTOR. THE APPROPRIATIONS FOR "INCIDENTAL AND CONTINGENT EXPENSES" OF MINTS AND ASSAY OFFICES IN THE FIELD ARE NOT A PART OF THE CONTINGENT FUND OF THE TREASURY DEPARTMENT WITHIN THE MEANING OF SECTION 3683, REVISED STATUTES. THEY ARE APPROPRIATIONS MADE FOR THE PURPOSE OF PAYING FOR EXPENSES INCIDENT TO AND NECESSARY FOR THE PROPER OPERATION OF SUCH MINTS AND ASSAY OFFICES AND ARE NOT INCLUDED IN THE TERM "CONTINGENT FUND APPROPRIATED TO ANY DEPARTMENT, BUREAU, OR OFFICE" AS CONTEMPLATED BY SUCH SECTION.

THE APPROPRIATION "GENERAL EXPENSES OF PUBLIC BUILDINGS" IS MADE BY ITS TERMS SPECIFICALLY AVAILABLE FOR PURPOSES THEREIN SPECIFIED. IT IS NOT AN APPROPRIATION IN A LUMP SUM FOR THE PROCUREMENT OF ARTICLES THE NEED FOR WHICH CAN NOT BE READILY FORESEEN OR ANTICIPATED, AND WHILE IT INCLUDES "ARTICLES AND SUPPLIES NOT USUALLY PAYABLE FROM OTHER APPROPRIATIONS," IT IS REASONABLE TO SUPPOSE THAT BY THIS LANGUAGE IT WAS INTENDED TO INCLUDE ARTICLES AND SUPPLIES RELATING TO THE ADMINISTRATION OF PUBLIC BUILDINGS PROPER RATHER THAN IN CONNECTION WITH THE EXPENSES OF CARRYING ON THE BUSINESS OF A "DEPARTMENT, BUREAU, OR OFFICE.' SECTION 3683, REVISED STATUTES, IS, THEREFORE, NOT APPLICABLE TO THIS APPROPRIATION.