A-18577, MAY 25, 1927, 6 COMP. GEN. 769

A-18577: May 25, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DETAILS - GOVERNMENT PRINTING OFFICE EMPLOYEES - PRINTING AND BINDING THERE IS NO AUTHORITY OF LAW TO DETAIL AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO HANDLE ITS PRINTING REQUIREMENTS. ALTHOUGH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS NOT REQUIRED BY LAW TO PROCURE ITS PRINTING AND BINDING FROM THE GOVERNMENT PRINTING OFFICE. THERE IS NO LEGAL OBJECTION TO THE GOVERNMENT PRINTING OFFICE DOING SUCH WORK IF IT CAN BE DONE WITHOUT INTERFERENCE WITH ITS REGULAR FUNCTIONS IN DOING WORK IMPOSED BY LAW. 1927: I HAVE YOUR LETTER OF MAY 17. REQUESTING DECISION WHETHER YOU HAVE AUTHORITY TO DETAIL AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO HANDLE ITS PRINTING REQUIREMENTS.

A-18577, MAY 25, 1927, 6 COMP. GEN. 769

DETAILS - GOVERNMENT PRINTING OFFICE EMPLOYEES - PRINTING AND BINDING THERE IS NO AUTHORITY OF LAW TO DETAIL AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO HANDLE ITS PRINTING REQUIREMENTS. ALTHOUGH THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS NOT REQUIRED BY LAW TO PROCURE ITS PRINTING AND BINDING FROM THE GOVERNMENT PRINTING OFFICE, THERE IS NO LEGAL OBJECTION TO THE GOVERNMENT PRINTING OFFICE DOING SUCH WORK IF IT CAN BE DONE WITHOUT INTERFERENCE WITH ITS REGULAR FUNCTIONS IN DOING WORK IMPOSED BY LAW.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, MAY 25, 1927:

I HAVE YOUR LETTER OF MAY 17, 1927, REQUESTING DECISION WHETHER YOU HAVE AUTHORITY TO DETAIL AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO HANDLE ITS PRINTING REQUIREMENTS, AND ALSO WHETHER YOU HAVE AUTHORITY TO ACCEPT FROM THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA ORDERS FOR PRINTING AND BINDING FOR THE DISTRICT GOVERNMENT TO BE PAID FOR FROM THE DISTRICT OF COLUMBIA APPROPRIATIONS.

AS A REASON FOR YOUR DOUBT AS TO THE AUTHORITY TO DETAIL AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA YOU REFER TO THE PROVISION IN THE ACT OF MAY 13, 1926, 44 STAT. 552, AS FOLLOWS:

NO PART OF ANY MONEY APPROPRIATED IN THIS ACT SHALL BE PAID TO ANY PERSON EMPLOYED IN THE GOVERNMENT PRINTING OFFICE WHILE DETAILED FOR OR PERFORMING SERVICE IN ANY OTHER EXECUTIVE BRANCH OF THE PUBLIC SERVICE OF THE UNITED STATES UNLESS SUCH DETAIL BE AUTHORIZED BY LAW.

THE PROVISION QUOTED CLEARLY PROHIBITS THE DETAIL OF GOVERNMENT PRINTING OFFICE EMPLOYEES TO ANY OF THE EXECUTIVE DEPARTMENTS OR ESTABLISHMENTS OF THE FEDERAL GOVERNMENT. REGARDLESS OF WHETHER THE DISTRICT GOVERNMENT IS OR IS NOT A "BRANCH OF THE PUBLIC SERVICE OF THE UNITED TES," THE PROPOSED DETAIL IS NOT AUTHORIZED IN THE ABSENCE OF AN EXPRESS PROVISION OF LAW SPECIFICALLY PROVIDING THEREFOR. SEE 24 COMP. DEC. 10.

ACCORDINGLY YOU ARE ADVISED THAT THE DETAIL REQUESTED BY THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA OF AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE TO THEIR OFFICE TO HANDLE ITS PRINTING REQUIREMENTS IS NOT AUTHORIZED.

SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDES:

* * * THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK- BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

IN VIEW OF THE SPECIFIC ENUMERATION OF THE GOVERNMENTAL ACTIVITIES WHICH ARE REQUIRED TO PROCURE PRINTING, ETC., FROM THE GOVERNMENT PRINTING OFFICE, IT IS CLEAR THAT THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS NOT REQUIRED BY LAW TO PROCURE ITS PRINTING THERE. SEE 1 COMP. DEC. 558.

HOWEVER, IF THE FACILITIES OF THE GOVERNMENT PRINTING OFFICE ARE SUFFICIENT TO MAKE IT POSSIBLE TO DO THE PRINTING FOR THE DISTRICT GOVERNMENT WITHOUT INTERFERENCE WITH ITS REGULAR FUNCTIONS IN DOING THE WORK IMPOSED BY LAW, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO THE ACCEPTANCE BY YOU OF ORDERS FOR SUCH PRINTING, PAYMENT FOR WHICH TO BE MADE IN THE USUAL WAY UNDER APPROPRIATIONS OF THE DISTRICT OF COLUMBIA AVAILABLE FOR PRINTING.