A-33128, SEPTEMBER 16, 1930, 10 COMP. GEN. 128

A-33128: Sep 16, 1930

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THERE ARE CERTAIN PUBLISHERS IN THE UNITED STATES WHO FROM TIME TO TIME EMPLOY SCIENTIFIC RESEARCH EXPERTS AND PUBLISH IN THE COLUMNS OF THEIR DAILY NEWSPAPERS FACTUAL INFORMATION WHICH WOULD BE OF VERY HIGH REFERENCE VALUE IN THE RESEARCH WORK OF THE BUREAU OF PROHIBITION. YOUR DECISION IS. IS WORDED. " WAS MADE THAT BUREAU WAS UNDER THE TREASURY DEPARTMENT. SPECIFIC PROVISION WAS MADE UNDER THE HEAD OF "CONTINGENT EXPENSES. UNDER VARIOUS OF THE APPROPRIATIONS FOR BUREAUS OF THAT DEPARTMENT SPECIFIC PROVISION WAS MADE FOR NEWSPAPERS. IT WOULD THUS APPEAR THAT SO FAR AS THE TREASURY DEPARTMENT APPROPRIATIONS WERE CONCERNED. WHENEVER IT WAS INTENDED THAT AN APPROPRIATION. SPECIFIC PROVISION WAS MADE THEREFOR IN THE APPROPRIATION.

A-33128, SEPTEMBER 16, 1930, 10 COMP. GEN. 128

NEWSPAPER SUBSCRIPTIONS - BUREAU OF PROHIBITION THE APPROPRIATION FOR SALARIES AND EXPENSES OF THE BUREAU OF PROHIBITION, WHICH CONTAINS NO SPECIFIC PROVISION FOR THE PURCHASE OF NEWSPAPERS, MAY NOT BE USED THEREFOR IN VIEW OF THE SPECIFIC PROVISION FOR NEWSPAPERS IN THE APPROPRIATION FOR CONTINGENT EXPENSES OF THE DEPARTMENT OF JUSTICE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 16, 1930:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF AUGUST 22, 1930, AS FOLLOWS:

THE BUREAU OF PROHIBITION OF THIS DEPARTMENT HAS SET UP A RESEARCH AND EDUCATION DIVISION FOR THE PURPOSE OF MAKING SCIENTIFIC INVESTIGATIONS AND RESEARCH OF FACTUAL INFORMATION AS TO THE EFFECTS OF PROHIBITION ECONOMICALLY, SOCIOLOGICALLY, ETC., AND TO COMPILE AND DISTRIBUTE SUCH INFORMATION TO THE PUBLIC.

THERE ARE CERTAIN PUBLISHERS IN THE UNITED STATES WHO FROM TIME TO TIME EMPLOY SCIENTIFIC RESEARCH EXPERTS AND PUBLISH IN THE COLUMNS OF THEIR DAILY NEWSPAPERS FACTUAL INFORMATION WHICH WOULD BE OF VERY HIGH REFERENCE VALUE IN THE RESEARCH WORK OF THE BUREAU OF PROHIBITION.

YOUR DECISION IS, THEREFORE, RESPECTFULLY REQUESTED AS TO WHETHER THE BUREAU OF PROHIBITION OF THIS DEPARTMENT MAY SUBSCRIBE FOR SOME FIFTEEN DAILY NEWSPAPERS FOR REFERENCE PURPOSES IN CONNECTION WITH THE SCIENTIFIC RESEARCH WORK OF THE RESEARCH AND EDUCATION DIVISION, THE COST TO BE CHARGED TO THE $50,000 MADE AVAILABLE IN THE APPROPRIATION "SALARIES AND EXPENSES, BUREAU OF PROHIBITION, 1931," FOR THE COLLECTION AND DISSEMINATION OF INFORMATION AND APPEAL FOR LAW OBSERVANCE AND LAW ENFORCEMENT.

THE APPROPRIATION "SALARIES AND EXPENSES, BUREAU OF PROHIBITION, 1931," ACT OF MAY 15, 1930, PUBLIC NO. 229, 46 STAT. 343, IS WORDED, IN PART, AS FOLLOWS:

* * * PROVIDED FURTHER, THAT NOT EXCEEDING $50,000 MAY BE EXPENDED FOR THE COLLECTION AND DISSEMINATION OF INFORMATION AND APPEAL FOR LAW OBSERVANCE AND LAW ENFORCEMENT, INCLUDING COST OF PRINTING AND OTHER NECESSARY EXPENSES IN CONNECTION THEREWITH. * * *

SECTION 192, REVISED STATUTES, PROVIDES:

THE AMOUNT EXPENDED IN ANY ONE YEAR FOR NEWSPAPERS, FOR ANY DEPARTMENT, EXCEPT THE DEPARTMENT OF STATE, INCLUDING ALL THE BUREAUS AND OFFICES CONNECTED THEREWITH, SHALL NOT EXCEED ONE HUNDRED DOLLARS. AND ALL NEWSPAPERS PURCHASED WITH THE PUBLIC MONEY FOR THE USE OF EITHER OF THE DEPARTMENTS MUST BE PRESERVED AS FILES FOR SUCH DEPARTMENT.

AT THE TIME THE APPROPRIATION FOR "SALARIES AND EXPENSES, BUREAU OF PROHIBITION, 1931," WAS MADE THAT BUREAU WAS UNDER THE TREASURY DEPARTMENT, AND IN THE SAME APPROPRIATION ACT OF MAY 15, 1930, SPECIFIC PROVISION WAS MADE UNDER THE HEAD OF "CONTINGENT EXPENSES, TREASURY DEPARTMENT," FOR NEWSPAPER CLIPPINGS, AND UNDER VARIOUS OF THE APPROPRIATIONS FOR BUREAUS OF THAT DEPARTMENT SPECIFIC PROVISION WAS MADE FOR NEWSPAPERS. SEE APPROPRIATIONS FOR OFFICE OF THE COMMISSIONER OF ACCOUNTS AND DEPOSITS, PUBLIC DEBT SERVICE, BUREAU OF CUSTOMS, FEDERAL FARM LOAN BUREAU, AND PUBLIC HEALTH SERVICE. IT WOULD THUS APPEAR THAT SO FAR AS THE TREASURY DEPARTMENT APPROPRIATIONS WERE CONCERNED, WHENEVER IT WAS INTENDED THAT AN APPROPRIATION--- OTHER THAN THE ONE AVAILABLE FOR NEWSPAPERS FOR THE DEPARTMENT GENERALLY, AND SUBJECT TO THE LIMITATION PRESCRIBED IN SECTION 192, SUPRA--- BE USED FOR NEWSPAPERS OR NEWSPAPER CLIPPINGS, SPECIFIC PROVISION WAS MADE THEREFOR IN THE APPROPRIATION. APPEARS, ALSO, THAT THE CONTINGENT EXPENSE APPROPRIATION, DEPARTMENT OF JUSTICE, PROVIDES SPECIFICALLY FOR NEWSPAPERS AND PRESS CLIPPINGS, WHICH WOULD PRECLUDE THE USE THEREFOR OF ANY OTHER APPROPRIATION OF THAT DEPARTMENT NOT SPECIFICALLY SO PROVIDING. SEE, ALSO, SECTION 6, ACT AUGUST 23, 1912, 37 STAT. 414, THAT BUREAU FUNDS SHALL NOT BE USED FOR PURCHASES WHICH COULD BE MADE UNDER APPROPRIATIONS FOR REGULAR CONTINGENT FUNDS.

UNDER THE CIRCUMSTANCES, IT MUST BE HELD THAT THE APPROPRIATION FOR "SALARIES AND EXPENSES, BUREAU OF PROHIBITION," WHICH DOES NOT PROVIDE SPECIFICALLY FOR THE PURCHASE OF NEWSPAPERS, IS NOT AVAILABLE THEREFOR, AND THAT ANY PURCHASE OF NEWSPAPERS FOR USE IN THE BUREAU OF PROHIBITION WOULD BE SUBJECT TO THE LIMITATION PRESCRIBED IN SECTION 192, REVISED STATUTES, SAID BUREAU BEING ONE OF THE BUREAUS OR OFFICES CONNECTED WITH THE DEPARTMENT OF JUSTICE.