A-20872, DECEMBER 21, 1927, 7 COMP. GEN. 400

A-20872: Dec 21, 1927

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APPROPRIATIONS - SPECIFIC THE RULE THAT AN APPROPRIATION FOR A PARTICULAR OBJECT CONFERS AUTHORITY TO INCUR EXPENDITURES WHICH ARE INCIDENT TO THAT OBJECT IS SUBJECT TO THE QUALIFICATION THAT THE PARTICULAR ITEMS OF EXPENSE ARE NOT SPECIFICALLY PROVIDED FOR BY SOME OTHER APPROPRIATION. THE CONTINGENT APPROPRIATION FOR THE DEPARTMENT OF LABOR EXPRESSLY PROVIDES THAT IT IS FOR CONTINGENT AND MISCELLANEOUS EXPENSES OF THE OFFICES IN BUREAUS OF THAT DEPARTMENT FOR WHICH CONTINGENT AND MISCELLANEOUS EXPENSE APPROPRIATIONS ARE NOT SPECIFICALLY MADE. IS THEREFORE EXCLUSIVELY AVAILABLE FOR SUPPLIES AND MATERIALS FOR THE USE OF COMMISSIONERS OF CONCILIATION. IT IS THOUGHT. THAT THE APPROPRIATION PROPERLY CHARGEABLE WITH SUCH EXPENDITURES IS THE CONCILIATION SERVICE APPROPRIATION RATHER THAN THAT FOR CONTINGENT EXPENSES.

A-20872, DECEMBER 21, 1927, 7 COMP. GEN. 400

APPROPRIATIONS - SPECIFIC THE RULE THAT AN APPROPRIATION FOR A PARTICULAR OBJECT CONFERS AUTHORITY TO INCUR EXPENDITURES WHICH ARE INCIDENT TO THAT OBJECT IS SUBJECT TO THE QUALIFICATION THAT THE PARTICULAR ITEMS OF EXPENSE ARE NOT SPECIFICALLY PROVIDED FOR BY SOME OTHER APPROPRIATION. THE CONTINGENT APPROPRIATION FOR THE DEPARTMENT OF LABOR EXPRESSLY PROVIDES THAT IT IS FOR CONTINGENT AND MISCELLANEOUS EXPENSES OF THE OFFICES IN BUREAUS OF THAT DEPARTMENT FOR WHICH CONTINGENT AND MISCELLANEOUS EXPENSE APPROPRIATIONS ARE NOT SPECIFICALLY MADE, AND IS THEREFORE EXCLUSIVELY AVAILABLE FOR SUPPLIES AND MATERIALS FOR THE USE OF COMMISSIONERS OF CONCILIATION, AS THE APPROPRIATION FOR THE APPOINTMENT AND FOR CERTAIN SPECIFIED EXPENSES OF SUCH COMMISSIONERS DOES NOT INCLUDE A SPECIFIC APPROPRIATION FOR CONTINGENT OR MISCELLANEOUS EXPENSES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, DECEMBER 21, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 7, 1927, AS FOLLOWS:

THE APPROPRIATION FOR COMMISSIONERS OF CONCILIATION CONTAINED IN THE ACT APPROVED APRIL 29, 1926 (44 STAT.L.P. 369), PROVIDES AS FOLLOWS:

"TO ENABLE THE SECRETARY OF LABOR TO EXERCISE THE AUTHORITY VESTED IN HIM BY SECTION 8 OF THE ACT CREATING THE DEPARTMENT OF LABOR AND TO APPOINT COMMISSIONERS OF CONCILIATION, TRAVELING EXPENSES, * * *, AND TELEGRAPH AND TELEPHONE SERVICE.'

IT HAS BEEN FOUND NECESSARY FROM TIME TO TIME TO PROVIDE THE COMMISSIONERS OF CONCILIATION LOCATED AT POINTS OUTSIDE THE DISTRICT OF COLUMBIA WITH VARIOUS SUPPLIES AND MATERIALS, THE COST OF WHICH HAS HERETOFORE BEEN CHARGED TO THE CONTINGENT APPROPRIATION OF THE DEPARTMENT. IT IS THOUGHT, HOWEVER, THAT THE APPROPRIATION PROPERLY CHARGEABLE WITH SUCH EXPENDITURES IS THE CONCILIATION SERVICE APPROPRIATION RATHER THAN THAT FOR CONTINGENT EXPENSES.

WHILE THE APPROPRIATION FOR THE CONCILIATION SERVICE CONTAINS NO SPECIFIC PROVISION FOR EXPENSES OF SUPPLIES AND MATERIALS, IT PROVIDES GENERALLY FOR THE ENABLING OF THE SECRETARY OF LABOR TO EXERCISE THE AUTHORITY VESTED IN HIM BY SECTION 8 OF THE ACT CREATING THE DEPARTMENT OF LABOR AND, IN VIEW OF THE DECISIONS OF THE COMPTROLLER OF THE TREASURY (4 C.D. 478; 7 C.D. 31; AND 18 C.D. 103), HOLDING---

"AN EXPRESS PROVISION OF A STATUTE IS NOT NECESSARY FOR EVERY ITEM OF EXPENDITURE, AND THAT WHERE AN APPROPRIATION HAS BEEN MADE FOR A PARTICULAR OBJECT IT CONFERS AUTHORITY TO INCUR EXPENDITURES WHICH ARE INCIDENT TO THAT OBJECT.'

IT WOULD SEEM THAT PAYMENTS FOR SUPPLIES AND MATERIALS FURNISHED THE FIELD SERVICE OF THE CONCILIATION SERVICE MAY BE MADE FROM THE APPROPRIATION "SALARIES AND EXPENSES, COMMISSIONERS OF CONCILIATION" INSTEAD OF FROM CONTINGENT EXPENSES OF THE DEPARTMENT, SINCE THE OFFICIAL STATION OF NINETY PERCENT OF THE PERSONNEL OF THIS SERVICE IS OUTSIDE OF WASHINGTON, D.C.

YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE CONCILIATION SERVICE APPROPRIATION MAY BE CHARGED WITH EXPENDITURES FOR SUPPLIES AND MATERIALS FURNISHED ITS FIELD SERVICE.

THE APPROPRIATIONS FOR COMMISSIONERS OF CONCILIATION AND FOR CONTINGENT EXPENSES OF THE DEPARTMENT OF LABOR, IN SO FAR AS PERTINENT TO YOUR SUBMISSION, ACT OF FEBRUARY 24, 1927, 44 STAT. 1221, PROVIDE AS FOLLOWS:

COMMISSIONERS OF CONCILIATION: TO ENABLE THE SECRETARY OF LABOR TO EXERCISE THE AUTHORITY VESTED IN HIM BY SECTION 8 OF THE ACT CREATING THE DEPARTMENT OF LABOR, AND TO APPOINT COMMISSIONERS OF CONCILIATION, TRAVELING EXPENSES, AND NOT TO EXCEED $14,140 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, AND TELEGRAPH AND TELEPHONE SERVICE, $210,000.

CONTINGENT EXPENSES, DEPARTMENT OF LABOR

FOR CONTINGENT AND MISCELLANEOUS EXPENSES OF THE OFFICES AND BUREAUS OF THE DEPARTMENT, FOR WHICH APPROPRIATIONS FOR CONTINGENT AND MISCELLANEOUS EXPENSES ARE NOT SPECIFICALLY MADE, INCLUDING THE PURCHASE OF STATIONERY, FURNITURE, AND REPAIRS TO SAME, CARPETS, MATTING,OILCLOTH, FILE CASES, TOWELS, ICE, BROOMS, SOAP, SPONGES, LAUNDRY, STREET-CAR FARES NOT EXCEEDING $200; TRAVELING EXPENSES INCIDENT TO EXAMINATION OF ESTIMATES OF APPROPRIATIONS IN THE FIELD; LIGHTING AND HEATING; PURCHASE, EXCHANGE, MAINTENANCE, AND REPAIR OF MOTOR CYCLES AND MOTOR TRUCKS; PURCHASE, EXCHANGE, MAINTENANCE, AND REPAIR OF A MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE, TO BE USED ONLY FOR OFFICIAL PURPOSES; FREIGHT AND EXPRESS CHARGES; NEWSPAPERS NOT EXCEEDING $275, FOR WHICH PAYMENT MAY BE MADE IN ADVANCE; NEWSPAPER CLIPPINGS NOT TO EXCEED $1,800, POSTAGE TO FOREIGN COUNTRIES, TELEGRAPH AND TELEPHONE SERVICE, TYPEWRITERS, ADDING MACHINES, AND OTHER LABOR-SAVING DEVICES; PURCHASE OF LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS NOT EXCEEDING $3,250; IN ALL $43,700; * * *

THE RULE REFERRED TO BY YOU--- THAT IS, THAT AN APPROPRIATION FOR A PARTICULAR OBJECT CONFERS AUTHORITY TO INCUR EXPENDITURES WHICH ARE INCIDENT TO THAT OBJECT--- IS SUBJECT TO THE QUALIFICATION THAT THE PARTICULAR ITEMS OF EXPENSE ARE NOT SPECIFICALLY PROVIDED FOR BY SOME OTHER APPROPRIATION. 4 COMP. DEC. 24. SEE ALSO 5 COMP. DEC. 855; 12 ID. 199. IN THE PRESENT CASE THE APPROPRIATION FOR CONTINGENT EXPENSES OF THE DEPARTMENT EXPRESSLY PROVIDES FOR STATIONERY AND OTHER SUPPLIES, AND ALSO PROVIDES THAT IT IS FOR CONTINGENT AND MISCELLANEOUS EXPENSES OF THOSE OFFICES AND BUREAUS OF THE DEPARTMENT FOR WHICH CONTINGENT AND MISCELLANEOUS EXPENSE APPROPRIATIONS ARE NOT SPECIFICALLY MADE. THE APPROPRIATION FOR COMMISSIONERS OF CONCILIATION CONTAINS NO PROVISION FOR CONTINGENT OR MISCELLANEOUS EXPENSES. IT MUST BE HELD, THEREFORE, THAT THE APPROPRIATION FOR COMMISSIONERS OF CONCILIATION IS NOT AVAILABLE FOR SUPPLIES OR MATERIALS FOR SUCH COMMISSIONERS.