A-41976, MAY 2, 1932, 11 COMP. GEN. 411

A-41976: May 2, 1932

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ACCORDINGLY SUCH APPROPRIATION IS NOT AVAILABLE FOR THE PURCHASE OF VOLUMES OF THE U.S.C. DOES NOT APPEAR IN THE SECTION OF THE APPROPRIATION ACT PROVIDING FUNDS FOR THE PROHIBITION BUREAU WHICH APPROPRIATION IS AVAILABLE FOR THE PURCHASE OF LAW BOOKS. THE PUBLISHERS WILL FURNISH COMPLETE SETS ONLY AT THE RATE OF $2.00 PER VOLUME BUT NOT SINGLE VOLUMES. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE LIMITATION CONTAINED IN THE TWO APPROPRIATIONS FOR THE PURCHASE OF LAW BOOKS MENTIONED ABOVE IS APPLICABLE TO PURCHASES OF VOLUMES OF THE UNITED STATES CODE ANNOTATED FROM THE APPROPRIATION FOR THE PROHIBITION BUREAU AND TO OTHER APPROPRIATIONS THAT ARE OR MAY BE AVAILABLE FOR THE PURCHASE OF LAW BOOKS OR WHETHER THE LIMITATION APPLIES TO THE SPECIFIC APPROPRIATIONS TO WHICH IT IS ATTACHED.

A-41976, MAY 2, 1932, 11 COMP. GEN. 411

LAW BOOKS AND BOOKS OF REFERENCE THE SPECIFIC PROVISION IN THE APPROPRIATION FOR SALARIES AND EXPENSES, BUREAU OF PROHIBITION, 1932, 46 STAT. 1321, FOR THE PURCHASE OF "BOOKS" DOES NOT SATISFY THE REQUIREMENT IN SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, THAT LAW BOOKS AND BOOKS OF REFERENCE MUST BE SPECIFICALLY PROVIDED FOR IN THE LAW GRANTING THE APPROPRIATION, AND ACCORDINGLY SUCH APPROPRIATION IS NOT AVAILABLE FOR THE PURCHASE OF VOLUMES OF THE U.S.C. ANNOTATED.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, MAY 2, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 18, 1932, AS FOLLOWS:

THE APPROPRIATIONS FOR THE PURCHASE OF LAW BOOKS FOR THE DEPARTMENT OF JUSTICE AT THE SEAT OF GOVERNMENT AND FOR THE PURCHASE OF LAW BOOKS FOR THE JUDICIAL OFFICERS CONTAIN THE FOLLOWING PROVISION: "THAT NOT TO EXCEED $2.00 PER VOLUME SHALL BE PAID FOR THE CURRENT AND FUTURE VOLUMES OF THE U.S.C. ANNOTATED.' THIS PROVISION, HOWEVER, DOES NOT APPEAR IN THE SECTION OF THE APPROPRIATION ACT PROVIDING FUNDS FOR THE PROHIBITION BUREAU WHICH APPROPRIATION IS AVAILABLE FOR THE PURCHASE OF LAW BOOKS.

A REQUISITION HAS BEEN SUBMITTED BY THE DIRECTOR OF THE PROHIBITION BUREAU FOR A NUMBER OF VOLUMES OF THIS CODE (NOT COMPLETE SETS) WHICH THE PUBLISHERS REFUSE TO FURNISH EXCEPT AT A PRICE OF $5 PER VOLUME. THE PUBLISHERS WILL FURNISH COMPLETE SETS ONLY AT THE RATE OF $2.00 PER VOLUME BUT NOT SINGLE VOLUMES.

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE LIMITATION CONTAINED IN THE TWO APPROPRIATIONS FOR THE PURCHASE OF LAW BOOKS MENTIONED ABOVE IS APPLICABLE TO PURCHASES OF VOLUMES OF THE UNITED STATES CODE ANNOTATED FROM THE APPROPRIATION FOR THE PROHIBITION BUREAU AND TO OTHER APPROPRIATIONS THAT ARE OR MAY BE AVAILABLE FOR THE PURCHASE OF LAW BOOKS OR WHETHER THE LIMITATION APPLIES TO THE SPECIFIC APPROPRIATIONS TO WHICH IT IS ATTACHED.

THE PRICE LIMITATION QUOTED IN YOUR SUBMISSION IS APPENDED TO THE APPROPRIATION FOR "BOOKS, DEPARTMENT OF JUSTICE, 1932," ACT OF FEBRUARY 23, 1931, 46 STAT. 1321, WHICH IS WORDED AS FOLLOWS:

FOR THE PURCHASE OF LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS, INCLUDING THE EXCHANGE THEREOF, FOR THE DEPARTMENT OF JUSTICE, $9,000: PROVIDED, THAT NOT TO EXCEED $2 PER VOLUME SHALL BE PAID FOR THE CURRENT AND FUTURE VOLUMES OF THE U.S.C. ANNOTATED.

THE APPROPRIATION FOR "SALARIES AND EXPENSES, BUREAU OF PROHIBITION," IN THE SAME ACT, 46 STAT. 1323, PROVIDES SO FAR AS HERE MATERIAL:

FOR EXPENSES TO ENFORCE AND ADMINISTER THE APPLICABLE PROVISIONS OF THE NATIONAL PROHIBITION ACT, * * * THE PURCHASE OF STATIONERY, SUPPLIES, EQUIPMENT, MECHANICAL DEVICES, BOOKS, AND SUCH OTHER EXPENDITURES AS MAY BE NECESSARY IN THE DISTRICT OF COLUMBIA AND THE SEVERAL FIELD OFFICES * *

THE LIMITATION OF $2 PER VOLUME FOR THE COPIES OF CURRENT AND FUTURE VOLUMES OF THE UNITED STATES CODE, ANNOTATED, WAS FIRST INSERTED IN THE APPROPRIATION FOR BOOKS FOR YOUR DEPARTMENT IN THE FIRST DEFICIENCY ACT FOR 1928, APPROVED DECEMBER 22, 1927, 45 STAT. 20, AND THE HEARINGS UPON THAT BILL DISCLOSE THAT IT WAS INSERTED AT THE REQUEST OF YOUR DEPARTMENT TO AVOID THE PAYMENT OF THE RETAIL PRICE OF $200 PER SET THEN BEING ASKED FOR THE U.S.C. ANNOTATED, IT HAVING BEEN ASCERTAINED BY YOUR OFFICE THAT THE SET WAS SOLD TO DEALERS AT $90 PER SET, CONSISTING OF SOME 60 VOLUMES.

SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, PROVIDES:

THERE HEREAFTER LAW BOOKS, BOOKS OF REFERENCE, AND PERIODICALS FOR USE OF ANY EXECUTIVE DEPARTMENT, OR OTHER GOVERNMENT ESTABLISHMENT NOT UNDER AN EXECUTIVE DEPARTMENT, AT THE SEAT OF GOVERNMENT, SHALL NOT BE PURCHASED OR PAID FOR FROM ANY APPROPRIATION MADE FOR CONTINGENT EXPENSES OR FOR ANY SPECIFIC OR GENERAL PURPOSE UNLESS SUCH PURCHASE IS AUTHORIZED AND PAYMENT THEREFOR SPECIFICALLY PROVIDED IN THE LAW GRANTING THE APPROPRIATION.

AS THE APPROPRIATION FOR THE BUREAU OF PROHIBITION FOR 1932 DOES NOT PROVIDE SPECIFICALLY FOR THE PURCHASE OF "LAW BOOKS," THEIR PURCHASE AT ANY PRICE UNDER THAT APPROPRIATION WOULD BE IN CONTRAVENTION OF THE SAID PROVISION IN ACT OF MARCH 15, 1898, AND, ACCORDINGLY, IS NOT AUTHORIZED.

THERE HAS NOT BEEN OVERLOOKED THE DECISION TO YOU OF APRIL 2, 1931, A- 35855, IN WHICH IT WAS HELD THAT THE APPROPRIATION FOR THE BUREAU OF PROHIBITION FOR THE FISCAL YEAR 1931, WAS AVAILABLE FOR THE PURCHASE OF LAW BOOKS. THE APPROPRIATION FOR THAT FISCAL YEAR WAS INCLUDED IN THE TREASURY DEPARTMENT APPROPRIATION AND IN THE APPROPRIATION "CONTINGENT EXPENSES, TREASURY DEPARTMENT, 1931," ACT OF MAY 15, 1930, 46 STAT. 337, APPEARED THE FOLLOWING PROVISION:

FOR MISCELLANEOUS AND CONTINGENT EXPENSES OF THE OFFICE OF THE SECRETARY AND THE BUREAUS AND OFFICES OF THE DEPARTMENT, * * * LAW BOOKS AND OTHER BOOKS OF REFERENCE * * * PROVIDED, THAT THE APPROPRIATIONS FOR PUBLIC DEBT SERVICE, INTERNAL REVENUE SERVICE, AND BUREAU OF PROHIBITION FOR THE FISCAL YEAR 1931 ARE HEREBY MADE AVAILABLE FOR THE PAYMENT OF ITEMS OTHERWISE PROPERLY CHARGEABLE TO THIS APPROPRIATION, THE PROVISIONS OF SECTION 6, ACT OF AUGUST 23, 1912 (U.S.C., TITLE 31, SEC. 669), TO THE CONTRARY NOTWITHSTANDING.

THE APPROPRIATION FOR THE BUREAU OF PROHIBITION, WHILE UNDER THE TREASURY DEPARTMENT, HAVING THUS BEEN MADE AVAILABLE FOR THE PURCHASE OF LAW BOOKS, IT REMAINED SO AVAILABLE DURING THE FISCAL YEAR 1931, AFTER ITS TRANSFER TO YOUR DEPARTMENT, BECAUSE OF THE PROVISION INSECTION 3 D OF THE ACT OF MAY 27, 1930, 46 STAT. 428, THAT APPROPRIATIONS TRANSFERRED BY THAT ACT SHOULD BE AVAILABLE FOR EXPENDITURE BY THE BUREAU TO WHICH THEY WERE TRANSFERRED AS THOUGH SUCH BUREAU HAD BEEN NAMED IN THE ACT MAKING THE APPROPRIATIONS.

AS THE APPROPRIATION FOR THE BUREAU OF PROHIBITION FOR 1932 WAS NOT TRANSFERRED BY THAT ACT BUT WAS INCLUDED DIRECTLY IN THE APPROPRIATION FOR THE DEPARTMENT OF JUSTICE, IT MUST NOW STAND AND BE CONSIDERED AS OTHER APPROPRIATIONS OF THE DEPARTMENT OF JUSTICE, WITHOUT REFERENCE TO THE PROVISIONS OF THE TREASURY DEPARTMENT APPROPRIATION ACTS WHICH MIGHT HAVE EXTENDED ITS AVAILABILITY TO OTHER OBJECTS. ACCORDINGLY, THE DECISION OF APRIL 2, 1931, IS NOT APPLICABLE TO THE APPROPRIATION FOR THE BUREAU OF PROHIBITION FOR THE FISCAL YEAR 1932.