A-2909, JULY 11, 1924, 4 COMP. GEN. 45

A-2909: Jul 11, 1924

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PRINTING AND BINDING - FEDERAL TRADE COMMISSION - REPORTS THE COST OF PRINTING AND BINDING REPORTS OF THE FEDERAL TRADE COMMISSION REQUESTED BY THE PRESIDENT AND THE ATTORNEY GENERAL IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATION OF THE COMMISSION ONLY WHEN PRINTED BEFORE THEIR SUBMISSION TO THE PRESIDENT AND ATTORNEY GENERAL. THE ENTIRE COST OF PRINTING AND BINDING IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATION OF THE COMMISSION. IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATIONS OF CONGRESS BY VIRTUE OF JOINT RESOLUTION OF MARCH 30. 1924: I HAVE YOUR LETTER OF JUNE 24. AS FOLLOWS: THE REPORTS AND PROCEEDINGS OF THE FEDERAL TRADE COMMISSION ARE PRINTED AS THE RESULT OF DIVERSE ACTION SOMETIMES ORIGINATING WITH THE COMMISSION AND IN OTHER INSTANCES LYING WHOLLY WITHOUT THE COMMISSION'S CONTROL.

A-2909, JULY 11, 1924, 4 COMP. GEN. 45

PRINTING AND BINDING - FEDERAL TRADE COMMISSION - REPORTS THE COST OF PRINTING AND BINDING REPORTS OF THE FEDERAL TRADE COMMISSION REQUESTED BY THE PRESIDENT AND THE ATTORNEY GENERAL IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATION OF THE COMMISSION ONLY WHEN PRINTED BEFORE THEIR SUBMISSION TO THE PRESIDENT AND ATTORNEY GENERAL, RESPECTIVELY, REPORTS TO CONGRESS MADE BY THE FEDERAL TRADE COMMISSION ON ITS OWN INITIATIVE UNDER SUBDIVISIONS "F" AND "H" OF SECTION 6 OF THE ACT OF SEPTEMBER 25, 1914, 38 STAT. 721, MAY BE SAID TO EMANATE FROM OR ORIGINATE IN THE COMMISSION, AND UNDER JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825, THE ENTIRE COST OF PRINTING AND BINDING IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATION OF THE COMMISSION. REPORTS TO CONGRESS MADE BY THE FEDERAL TRADE COMMISSION PURSUANT TO SPECIAL REQUESTS FROM CONGRESS MAY BE SAID TO EMANATE FROM OR ORIGINATE IN CONGRESS, AND IN THE PRINTING AND BINDING THEREOF THE COST OF ILLUSTRATIONS, COMPOSITION, STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF THE MANUSCRIPT, IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATIONS OF CONGRESS BY VIRTUE OF JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825.

ACTING COMPTROLLER GENERAL GINN TO THE CHAIRMAN, FEDERAL TRADE COMMISSION, JULY 11, 1924:

I HAVE YOUR LETTER OF JUNE 24, 1924, AS FOLLOWS:

THE REPORTS AND PROCEEDINGS OF THE FEDERAL TRADE COMMISSION ARE PRINTED AS THE RESULT OF DIVERSE ACTION SOMETIMES ORIGINATING WITH THE COMMISSION AND IN OTHER INSTANCES LYING WHOLLY WITHOUT THE COMMISSION'S CONTROL.

WE UNDERSTAND BY YOUR LETTER OF JUNE 3, 1924 (A-2909) THAT WHATEVER PRINTING OF REPORTS OR PROCEEDINGS IS DIRECTLY ORDERED BY THIS COMMISSION IS PROPERLY CHARGED TO THE APPROPRIATION MADE BY CONGRESS FOR "SALARIES AND EXPENSES, FEDERAL TRADE COMMISSION, 1924.'

BUT IF THE COMMISSION MAKES AN INVESTIGATION UNDER ITS STATUTORY POWER AT THE INSTANCE OF (A) THE PRESIDENT, OR (B) EITHER OR BOTH HOUSES OF CONGRESS, OR (C) THE ATTORNEY GENERAL AND SUBMITS ITS REPORT TO THE INITIATING AUTHORITY WHICH THEN UPON ITS OWN RESPONSIBILITY AND WITHOUT ACTION BY THE COMMISSION, CAUSES THE REPORT TO BE PRINTED, IS THE WHOLE OR ANY PART OF THE PRINTING AND BINDING COST SO INCURRED CHARGEABLE AGAINST THE APPROPRIATION TO THIS COMMISSION?

YOUR FORMER SUBMISSION WAS LIMITED TO THE QUESTION OF REPORTS REQUESTED BY THE PRESIDENT AND THE ATTORNEY GENERAL AND PRINTED BY YOU BEFORE THEIR SUBMISSION. DECISION OF JUNE 3, 1924, WAS THEREFORE CONFINED TO THAT PROPOSITION AND HELD THAT SUCH PRINTING WAS A PROPER CHARGE AGAINST THE PRINTING AND BINDING APPROPRIATION OF THE FEDERAL TRADE COMMISSION.

WHERE REPORTS TO THE PRESIDENT AND TO THE ATTORNEY GENERAL ARE NOT SUBMITTED IN PRINTED FORM AND ARE SUBSEQUENTLY PRINTED AT THE INSTANCE OF THE PRESIDENT OR THE ATTORNEY GENERAL, NO REASON APPEARS WHY THE COST OF SUCH PRINTING SHOULD BE CHARGED TO THE APPROPRIATIONS OF YOUR COMMISSION.

THE JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825, IS AS FOLLOWS:

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT HEREAFTER IN THE PRINTING AND BINDING OF DOCUMENTS OR REPORTS EMANATING FROM THE EXECUTIVE DEPARTMENTS, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT, THE COST OF WHICH IS NOW CHARGED TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS, OR TO APPROPRIATIONS OR ALLOTMENTS OF APPROPRIATIONS OTHER THAN THOSE MADE TO THE EXECUTIVE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES OF THE GOVERNMENT, THE COST OF ILLUSTRATIONS, COMPOSITION, STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF MANUSCRIPT, SHALL BE CHARGED TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATION FOR THE PRINTING AND BINDING OF THE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT IN WHICH SUCH DOCUMENTS OR REPORTS ORIGINATE; THE BALANCE OF COST SHALL BE CHARGED TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS, AND TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATION OF THE EXECUTIVE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT, IN PROPORTION TO THE NUMBER DELIVERED TO EACH; THE COST OF ANY COPIES OF SUCH DOCUMENTS OR REPORTS DISTRIBUTED OTHERWISE THAN THROUGH CONGRESS, OR THE EXECUTIVE DEPARTMENTS, BUREAU, AND INDEPENDENT OFFICES OF THE GOVERNMENT, IF SUCH THERE BE, SHALL BE CHARGED AS HERETOFORE: PROVIDED, THAT ON OR BEFORE THE FIRST DAY OF DECEMBER IN EACH FISCAL YEAR EACH EXECUTIVE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT TO WHICH AN APPROPRIATION OR ALLOTMENT OF APPROPRIATION FOR PRINTING AND BINDING IS MADE SHALL OBTAIN FROM THE PUBLIC PRINTER AN ESTIMATE OF THE PROBABLE COST OF ALL PUBLICATIONS OF SUCH DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE NOW REQUIRED BY LAW TO BE PRINTED, AND SO MUCH THEREOF AS WOULD, UNDER THE TERMS OF THIS RESOLUTION, BE CHARGED TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATION OF THE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT IN WHICH SUCH PUBLICATIONS ORIGINATE, SHALL THEREUPON BE SET ASIDE TO BE APPLIED ONLY TO THE PRINTING AND BINDING OF SUCH DOCUMENTS AND REPORTS, AND SHALL NOT BE AVAILABLE FOR ANY OTHER PURPOSE UNTIL ALL OF SUCH ALLOTMENT OF COST ON ACCOUNT OF SUCH DOCUMENTS AND REPORTS SHALL HAVE BEEN FULLY PAID.

THIS RESOLUTION SHALL BE EFFECTIVE ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND SIX.

APPROVED, MARCH 30, 1906.

THIS RESOLUTION WAS CONSIDERED BY THE FORMER COMPTROLLER OF THE TREASURY, AND UNDER DATE OF APRIL 22, 1907, 13 COMP. DEC. 718, IT WAS HELD, QUOTING FROM THE SYLLABUS:

WHERE CONGRESS FOR ITS INFORMATION CALLS ON EXECUTIVE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES OF THE GOVERNMENT FOR DOCUMENTS OR REPORTS NOT OTHERWISE REQUIRED BY LAW TO BE MADE, SUCH DOCUMENTS OR REPORTS EMANATE FROM OR ORIGINATE IN CONGRESS, AND IN THE PRINTING AND BINDING THEREOF THE COST OF ILLUSTRATIONS, COMPOSITION, STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF THE MANUSCRIPT, IS CHARGEABLE TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS.

WHERE EXECUTIVE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES OF THE GOVERNMENT ARE REQUIRED BY LAW TO MAKE REPORTS TO CONGRESS, SUCH REPORTS AND DOCUMENTS IN CONNECTION THEREWITH EMANATE FROM OR ORIGINATE IN THE DEPARTMENT, BUREAU, OR OFFICE BY WHICH MADE, AND IN THE PRINTING AND BINDING THEREOF THE COST OF ILLUSTRATIONS, COMPOSITION,STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF THE MANUSCRIPT, IS CHARGEABLE TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATIONS FOR PRINTING AND BINDING FOR SUCH DEPARTMENT, BUREAU, OR OFFICE.

SEE ALSO DECISION OF JUNE 20, 1907, 13 COMP. DEC. 862 CONFIRMING THIS RULING.

SECTION 6 OF THE ACT OF SEPTEMBER 26, 1914, 38 STAT. 721, PROVIDES:

THAT THE COMMISSION SHALL ALSO HAVE POWER---

(F) TO MAKE PUBLIC FROM TIME TO TIME SUCH PORTIONS OF THE INFORMATION OBTAINED BY IT HEREUNDER EXCEPT TRADE SECRETS AND NAMES OF CUSTOMERS AS IT SHALL DEEM EXPEDIENT IN THE PUBLIC INTEREST AND TO MAKE ANNUAL AND SPECIAL REPORTS TO THE CONGRESS AND TO SUBMIT THEREWITH RECOMMENDATIONS FOR ADDITIONAL LEGISLATION, AND TO PROVIDE FOR THE PUBLICATION OF ITS REPORTS AND DECISIONS IN SUCH FORM AND MANNER AS MAY BE BEST ADAPTED FOR PUBLIC INFORMATION AND USE.

(H) TO INVESTIGATE FROM TIME TO TIME TRADE CONDITIONS IN AND WITH FOREIGN COUNTRIES WHERE ASSOCIATIONS, COMBINATIONS, OR PRACTICES OF MANUFACTURERS, MERCHANTS AND TRADERS OR OTHER CONDITIONS MAY AFFECT THE FOREIGN TRADE OF THE UNITED STATES, AND TO REPORT TO CONGRESS THEREON WHICH SUCH RECOMMENDATIONS AS IT DEEMS ADVISABLE.

REPORTS TO CONGRESS UNDER SUBDIVISIONS "F" AND "H" OF SECTION 6 OF THE ACT OF SEPTEMBER 26, 1914, QUOTED ABOVE, MADE ON THE INITIATIVE OF THE COMMISSION, MAY BE SAID TO EMANATE FROM OR ORIGINATE IN THE COMMISSION, AND THE TOTAL COST OF PRINTING SUCH REPORTS MUST BE CHARGED TO THE PRINTING AND BINDING APPROPRIATION OF THE COMMISSION. REPORTS SPECIFICALLY REQUESTED BY CONGRESS, HOWEVER, MAY BE SAID TO EMANATE FROM OR ORIGINATE IN CONGRESS, AND IN THE PRINTING AND BINDING THEREOF THE COST OF ILLUSTRATIONS, COMPOSITION, STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF THE MANUSCRIPT, IS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATIONS OF CONGRESS.