A-21258, FEBRUARY 3, 1928, 7 COMP. GEN. 459

A-21258: Feb 3, 1928

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1928: I HAVE YOUR LETTER OF JANUARY 13. ARE IN FEDERAL BUILDINGS AND ARE GREATLY IN NEED OF CARPETS FOR THEIR RESPECTIVE OFFICES. THEY HAVE APPEALED TO THE CUSTODIANS OF THEIR RESPECTIVE BUILDINGS FOR THE CARPETS. HAVE BEEN REFUSED UPON THE GROUND THAT NO FUNDS ARE AVAILABLE. I AM INFORMED THAT THE TREASURY DEPARTMENT APPROPRIATION FOR FURNITURE AND REPAIRS OF SAME FOR PUBLIC BUILDINGS IS THE ONLY ONE UNDER THE CONTROL OF THE TREASURY DEPARTMENT WHICH IS AVAILABLE FOR THE FURNISHING OF FLOOR COVERINGS FOR FEDERAL BUILDINGS. INASMUCH AS THIS APPROPRIATION IS INSUFFICIENT TO FURNISH THE REQUIRED CARPETS. IT IS REQUESTED THAT YOU INFORM THE DEPARTMENT IF THEY MAY BE PURCHASED FROM THE APPROPRIATION "CONTINGENT EXPENSES.

A-21258, FEBRUARY 3, 1928, 7 COMP. GEN. 459

APPROPRIATIONS - SPECIFIC V. GENERAL - PURCHASE OF CARPETS THE APPROPRIATION UNDER THE TREASURY DEPARTMENT FOR FURNITURE AND REPAIRS OF SAME FOR PUBLIC BUILDINGS, BEING MADE SPECIFICALLY AVAILABLE FOR FURNITURE AND CARPETS FOR PUBLIC BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT, PRECLUDES THE USE OF THE APPROPRIATION "CONTINGENT EXPENSES, STEAMBOAT INSPECTION SERVICE" FOR THE EXPENSE OF PROCURING CARPETS REQUIRED IN THE OFFICES OF STEAMBOAT INSPECTORS IN SUCH PUBLIC BUILDINGS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, FEBRUARY 3, 1928:

I HAVE YOUR LETTER OF JANUARY 13, 1928, AS FOLLOWS:

THE SUPERVISING INSPECTOR, CLEVELAND, OHIO, AND THE LOCAL INSPECTORS, EVANSVILLE, INDIANA, OF THE STEAMBOAT INSPECTION SERVICE, ARE IN FEDERAL BUILDINGS AND ARE GREATLY IN NEED OF CARPETS FOR THEIR RESPECTIVE OFFICES. THEY HAVE APPEALED TO THE CUSTODIANS OF THEIR RESPECTIVE BUILDINGS FOR THE CARPETS, BUT HAVE BEEN REFUSED UPON THE GROUND THAT NO FUNDS ARE AVAILABLE.

I AM INFORMED THAT THE TREASURY DEPARTMENT APPROPRIATION FOR FURNITURE AND REPAIRS OF SAME FOR PUBLIC BUILDINGS IS THE ONLY ONE UNDER THE CONTROL OF THE TREASURY DEPARTMENT WHICH IS AVAILABLE FOR THE FURNISHING OF FLOOR COVERINGS FOR FEDERAL BUILDINGS. INASMUCH AS THIS APPROPRIATION IS INSUFFICIENT TO FURNISH THE REQUIRED CARPETS, IT IS REQUESTED THAT YOU INFORM THE DEPARTMENT IF THEY MAY BE PURCHASED FROM THE APPROPRIATION "CONTINGENT EXPENSES, STEAMBOAT INSPECTION SERVICE, 1928.'

THE APPROPRIATION "CONTINGENT EXPENSES, STEAMBOAT INSPECTION SERVICE, 1928," AS MADE BY THE ACT OF FEBRUARY 24, 1927, 44 STAT. 1205, PROVIDES:

CONTINGENT EXPENSES: FOR THE PAYMENT OF FEES TO WITNESSES; FOR TRAVELING AND OTHER EXPENSES WHEN ON OFFICIAL BUSINESS OF THE SUPERVISING INSPECTOR GENERAL, DEPUTY SUPERVISING INSPECTOR GENERAL, SUPERVISING INSPECTORS, TRAVELING INSPECTORS, LOCAL AND ASSISTANT INSPECTORS, AND LERKS; FOR INSTRUMENTS, FURNITURE, STATIONERY, STREET CAR FARES NOT TO EXCEED $25, JANITOR SERVICE, AND EVERY OTHER THING NECESSARY TO CARRY INTO EFFECT THE PROVISIONS OF TITLE 52, REVISED STATUTES, $148,000.

IT IS A WELL-SETTLED RULE OF CONSTRUCTION THAT WHEN A SPECIFIC APPROPRIATION HAS BEEN MADE FOR A PARTICULAR PURPOSE, SUCH APPROPRIATION IS EXCLUSIVELY AVAILABLE THEREFOR AND PROHIBITS THE USE OF AN APPROPRIATION MORE GENERAL IN TERMS WHICH OTHERWISE MIGHT HAVE BEEN AVAILABLE TO COVER THE EXPENDITURE BUT FOR THE SPECIFIC APPROPRIATION. COMP. GEN. 476; 5 ID. 399, AND DECISIONS THEREIN CITED.

THE CARPETS HERE IN QUESTION ARE DESIRED FOR USE IN A FEDERAL BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT. THE ACT OF JANUARY 26, 1927, 44 STAT. 1044, MAKING APPROPRIATIONS FOR THE TREASURY DEPARTMENT FOR THE FISCAL YEAR 1928, PROVIDES AN APPROPRIATION AS FOLLOWS:

FURNITURE AND REPAIRS OF FURNITURE: FOR FURNITURE, CARPETS, AND REPAIRS OF SAME, FOR COMPLETED AND OCCUPIED PUBLIC BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT, EXCLUSIVE OF MARINE HOSPITALS, QUARANTINE STATIONS, MINTS, BRANCH MINTS, AND ASSAY OFFICES, AND FOR GAS AND ELECTRIC LIGHTING FIXTURES AND REPAIRS OF SAME FOR COMPLETED AND OCCUPIED PUBLIC BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT, INCLUDING MARINE HOSPITALS AND QUARANTINE STATIONS, BUT EXCLUSIVE OF MINTS, BRANCH MINTS, AND ASSAY OFFICES, AND FOR FURNITURE AND CARPETS FOR PUBLIC BUILDINGS AND EXTENSION OF PUBLIC BUILDINGS IN COURSE OF CONSTRUCTION WHICH ARE TO REMAIN UNDER THE CUSTODY AND CONTROL OF THE TREASURY DEPARTMENT, EXCLUSIVE OF MARINE HOSPITALS, QUARANTINE STATIONS, MINTS, BRANCH MINTS, AND ASSAY OFFICES, AND BUILDINGS CONSTRUCTED FOR OTHER EXECUTIVE DEPARTMENTS OR ESTABLISHMENTS OF THE GOVERNMENT, $800,000: * * *

THIS APPROPRIATION IS SPECIFICALLY MADE AVAILABLE FOR FURNITURE AND CARPETS FOR PUBLIC BUILDINGS UNDER THE CONTRACT OF THE TREASURY DEPARTMENT, AND THE FACT THAT FUNDS THEREUNDER ARE INSUFFICIENT TO FURNISH THE DESIRED CARPETS DOES NOT AUTHORIZE THE USE OF ANOTHER APPROPRIATION FOR SUCH PURCHASES.

ACCORDINGLY, YOU ARE ADVISED THAT THE PURCHASE OF THE CARPETS IN QUESTION FROM THE APPROPRIATION "CONTINGENT EXPENSES, STEAMBOAT INSPECTION SERVICE, 1928," IS NOT AUTHORIZED.