A-42977, JULY 16, 1932, 12 COMP. GEN. 51

A-42977: Jul 16, 1932

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ARE NOT "REPORTS EMANATING FROM THE EXECUTIVE DEPARTMENTS. THE COST OF WHICH IS REQUIRED TO BE CHARGED AGAINST APPROPRIATIONS FOR THE DEPARTMENT OR OFFICE FROM WHICH EMANATING. PAYMENT OF THE COST THEREOF IS FOR THE CONSIDERATION OF THE JOINT COMMITTEE ON PRINTING UNDER THE TERMS OF SECTION 2 (7) OF THE ACT OF MARCH 1. HOUSE DOCUMENT NO. 134 IS THE PRINTED COPY OF THE REPORT MADE BY THE TREASURY DEPARTMENT TO THE CONGRESS PURSUANT TO THE FOLLOWING PROVISION IN THE FIRST DEFICIENCY ACT OF 1931. THE COST OF WHICH IS NOW CHARGED TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS. OR INDEPENDENT OFFICE OF THE GOVERNMENT TO WHICH AN APPROPRIATION OR ALLOTMENT OF APPROPRIATION FOR PRINTING AND BINDING IS MADE.

A-42977, JULY 16, 1932, 12 COMP. GEN. 51

PRINTING AND BINDING - REPORTS TO CONGRESS ANNUAL OR OTHER PERIODICAL REPORTS FROM AN EXECUTIVE DEPARTMENT OR OFFICE OF THE GOVERNMENT SPECIFICALLY REQUIRED BY, AND FOR THE EXCLUSIVE USE OF THE CONGRESS, NOT REQUIRED BY LAW OR INTENDED TO BE DISTRIBUTED OR DELIVERED PARTLY TO THE CONGRESS AND PARTLY TO THE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE FROM WHICH ORIGINATED, ARE NOT "REPORTS EMANATING FROM THE EXECUTIVE DEPARTMENTS, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT" WITHIN THE MEANING OF THE JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825, THE COST OF WHICH IS REQUIRED TO BE CHARGED AGAINST APPROPRIATIONS FOR THE DEPARTMENT OR OFFICE FROM WHICH EMANATING, BUT WHEN ORDERED PRINTED BY THE CONGRESS, PAYMENT OF THE COST THEREOF IS FOR THE CONSIDERATION OF THE JOINT COMMITTEE ON PRINTING UNDER THE TERMS OF SECTION 2 (7) OF THE ACT OF MARCH 1, 1907, 34 STAT. 1012. (DISTINGUISHED BY 12 COMP. GEN. 540.)

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 16, 1932, REQUESTING DECISION "WHETHER THE COST OF PRINTING HOUSE DOCUMENT NO. 134, SEVENTY SECOND CONGRESS, FIRST SESSION, CAN BE CONSIDERED A PROPER CHARGE AGAINST THE APPROPRIATION FOR PRINTING AND BINDING FOR THE TREASURY DEPARTMENT.' YOU STATE A BILL HAS BEEN PRESENTED BY THE GOVERNMENT PRINTING OFFICE IN THE AMOUNT OF $854.97 FOR PRINTING SAID HOUSE DOCUMENT.

HOUSE DOCUMENT NO. 134 IS THE PRINTED COPY OF THE REPORT MADE BY THE TREASURY DEPARTMENT TO THE CONGRESS PURSUANT TO THE FOLLOWING PROVISION IN THE FIRST DEFICIENCY ACT OF 1931, APPROVED FEBRUARY 6, 1931, 46 STAT. 1074:

PUBLIC HEALTH SERVICE

FOR SPECIAL STUDIES OF, AND DEMONSTRATION WORK IN, RURAL SANITATION, INCLUDING THE PURCHASE AND DISTRIBUTION OF MEDICAL SUPPLIES, IN THE DROUGHT-STRICKEN AREAS, AND INCLUDING PERSONAL SERVICES, FISCAL YEARS 1931 AND 1932, $2,000,000: PROVIDED, THAT NO PART OF THIS APPROPRIATION SHALL BE AVAILABLE FOR DEMONSTRATION WORK IN RURAL SANITATION UNLESS THE STATE, COUNTY, OR MUNICIPALITY AFFECTED AGREES TO PAY SUCH PROPORTION OF THE EXPENSES OF SUCH DEMONSTRATION WORK, AS SHALL BE REQUIRED IN REGULATIONS TO BE PRESCRIBED BY THE PUBLIC HEALTH SERVICE, IN WHICH DUE CONSIDERATION SHALL BE GIVEN TO STATE AND LOCAL ECONOMIC CONDITIONS AND HUMAN NEEDS, THE EXTENT AND CIRCUMSTANCES OF SUCH COOPERATION IN EACH CASE TO BE REPORTED TO CONGRESS AT THE BEGINNING OF EACH REGULAR SESSION.

THE HOUSE OF REPRESENTATIVES, UPON RECEIPT OF THE REPORT ON DECEMBER 7, 1931, REFERRED THE SAME TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE AND ORDERED IT TO BE PRINTED.

JOINT RESOLUTION DATED MARCH 30, 1906, 34 STAT. 825, CITED BY THE GOVERNMENT PRINTING OFFICE AS AUTHORITY FOR PRESENTING THE BILL FOR PAYMENT UNDER THE APPROPRIATION FOR THE TREASURY DEPARTMENT, PROVIDES AS FOLLOWS:

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, BUREAUS, 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.

IN DECISION OF THE COMPTROLLER OF THE TREASURY DATED APRIL 23, 1907, 13 COMP. DEC. 718, 722, THIS JOINT RESOLUTION WAS CONSTRUED AS FOLLOWS:

FIRST. WHERE CONGRESS TAKES THE INITIATIVE AND CALLS FOR A REPORT, NOT OTHERWISE REQUIRED BY LAW TO BE MADE, BY RESOLUTION, FOR ITS INFORMATION, SUCH REPORT OR DOCUMENT SHOULD BE CONSIDERED AS EMANATING FROM CONGRESS AND NOT AS HAVING ORIGINATED IN ANY DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT.

SECOND. WHERE THE LAW REQUIRES THE TREASURY DEPARTMENT OR ANY BUREAU OR OFFICE TO MAKE A REPORT, THE REPORT AND DOCUMENTS IN CONNECTION WITH SUCH REPORT SHOULD BE CONSIDERED AS EMANATING FROM SUCH DEPARTMENT, BUREAU, OR OFFICE THEREOF AND TO HAVE ORIGINATED IN SUCH DEPARTMENT, BUREAU, OR OFFICE THEREOF.

UNDER THE STATEMENT IN THE SECOND PARAGRAPH, IF THE SAME HAD REMAINED UNEXPLAINED, IT MIGHT HAVE APPEARED THAT THE REPORT MADE BY THE PUBLIC HEALTH SERVICE TO THE CONGRESS REQUIRED BY THE APPROPRIATION ACT SHOULD BE CONSIDERED AS EMANATING FROM THE TREASURY DEPARTMENT WITHIN THE MEANING OF THE JOINT RESOLUTION OF 1906, BUT IN DECISION OF JUNE 20, 1907, 13 COMP. DEC. 869, RECONSIDERING THE MATTER, THE PRINCIPLE STATED IN THE PRIOR DECISION WAS EXPLAINED AS FOLLOWS:

IT IS EVIDENT FROM THE LANGUAGE OF THE ACT IN QUESTION THAT THE WORDS "EMANATING FROM" AND ,ORIGINATE" USED THEREIN ARE USED AS CONVERTIBLE TERMS. IT IS ALSO FAIRLY EVIDENT THAT THE REPORTS THEREIN REFERRED TO AS EMANATING FROM OR ORIGINATING IN THE EXECUTIVE DEPARTMENTS, THE PRIMARY COST OF PRINTING OF WHICH IS TO BE BORNE BY THE DEPARTMENT ALLOTMENT INSTEAD OF THE CONGRESSIONAL ALLOTMENT, BELONG TO THAT CLASS OF REPORTS WHICH UNDER THE LAW ARE DISTRIBUTED OR DELIVERED PARTLY TO CONGRESS AND PARTLY TO THE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES FROM WHICH THEY ORIGINATE, NAMELY, ANNUAL OR OTHER PERIODICAL REPORTS REQUIRED OF THEM BY LAW. THIS IS MORE CLEARLY SHOWN BY THE SENTENCE FOLLOWING THE ACT,"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, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT, IF SUCH THERE BE, SHALL BE CHARGED AS HERETOFORE.'

IN DECISION OF FEBRUARY 5, 1912, TO THE SECRETARY OF AGRICULTURE, IT WAS HELD THAT NO PART OF THE COST OF PRINTING THE REPORTS REQUIRED UNDER SECTION 4 OF THE ACT OF MAY 22, 1908, 35 STAT. 244, AND THE ACT OF MAY 23, 1808, 35 STAT. 261, WAS CHARGEABLE TO THE PRINTING AND BINDING APPROPRIATIONS OF THE DEPARTMENT OF AGRICULTURE. SEE, ALSO, 4 COMP. GEN. 45. THE FIRST-MENTIONED STATUTE REQUIRED THE SECRETARY OF AGRICULTURE TO REPORT TO THE CONGRESS AT THE BEGINNING OF EACH REGULAR SESSION DETAILED INFORMATION RELATIVE TO THE OFFICIAL TRAVEL OF PERSONNEL DURING THE PRECEDING FISCAL YEAR, AND THE SECOND-MENTIONED ACT REQUIRED THE SECRETARY OF AGRICULTURE TO REPORT TO THE CONGRESS AS FOLLOWS (QUOTING FROM AN APPROPRIATION FOR THE BUREAU OF CHEMISTRY):

* * * PROVIDED, THAT HEREAFTER ANY SUM USED FOR COMPENSATION OR PAYMENT OF EXPENSES TO ANY OFFICER OR OTHER PERSON EMPLOYED BY THE STATE, COUNTY, OR MUNICIPAL GOVERNMENT, SHALL BE REPORTED TO CONGRESS IN DETAIL, ON THE FIRST MONDAY OF DECEMBER OF EACH YEAR.

IN BOTH INSTANCES, NOTWITHSTANDING THE REPORTS WERE "ANNUAL OR OTHER PERIODICAL REPORTS REQUIRED * * * BY LAW" (QUOTING FROM THE DECISION OF JUNE 20, 1907), THE INFORMATION TO BE REPORTED WAS SPECIFICALLY REQUIRED BY, AND FOR THE EXCLUSIVE USE OF, THE CONGRESS. LIKEWISE, IN THE INSTANT CASE, THE REPORT CONTAINING THE AMOUNTS OF STATE, COUNTY, AND MUNICIPALITY ALLOTMENTS FOR THE PUBLIC-HEALTH WORK AUTHORIZED UNDER THE APPROPRIATION, AND THE ACCOMPANYING INFORMATION RELATIVE THERETO, ARE SPECIFICALLY REQUIRED BY, AND FOR THE EXCLUSIVE USE OF, THE CONGRESS IN MAKING FUTURE APPROPRIATIONS, AND ARE NOT REQUIRED BY LAW OR INTENDED TO BE "DISTRIBUTED OR DELIVERED PARTLY TO CONGRESS AND PARTLY TO THE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES FROM WHICH THEY ORIGINATE" (QUOTING FROM THE DECISION OF JUNE 20, 1907), THE TREASURY DEPARTMENT HAVING HAD NO CONTROL OVER THE NUMBER OF SUCH REPORTS TO BE PRINTED, AND APPARENTLY WAS NOT INTERESTED IN WHETHER THE REPORT WAS OR WAS NOT PRINTED BY ORDER OF THE CONGRESS.

FURTHERMORE, IT IS EVIDENT FROM THE REQUIREMENT OF THE PROVISO TO THE JOINT RESOLUTION OF 1906 FOR THE SUBMISSION OF ESTIMATES TO THE CONGRESS BY THE DEPARTMENTS TO COVER THE COST OF PRINTING THESE REPORTS "ON OR BEFORE THE FIRST OF DECEMBER IN EACH FISCAL YEAR," THAT THE COST OF PRINTING THE REPORT IN THIS INSTANCE IS NOT REQUIRED TO BE CHARGED UNDER THE TREASURY APPROPRIATION FOR PRINTING AND BINDING. THE REPORT WAS REQUIRED BY A PROVISION IN A DEFICIENCY ACT DATED FEBRUARY 6, 1931, AND THE APPROPRIATION UNDER WHICH THE COST IS SOUGHT TO BE CHARGED WAS PROVIDED IN THE ANNUAL APPROPRIATION ACT FOR THE FISCAL YEAR 1932, DATED FEBRUARY 23, 1931, 46 STAT. 1218, BASED ON ESTIMATES PRESENTED TO THE CONGRESS LONG PRIOR TO THE DATE OF THE STATUTORY PROVISION REQUIRING THE REPORT. THE TREASURY DEPARTMENT WOULD NOT HAVE BEEN JUSTIFIED IN REQUESTING A DEFICIENCY APPROPRIATION TO COVER THE COST OF PRINTING THE REPORT, AS IT REASONABLY COULD NOT HAVE ANTICIPATED THAT THE CONGRESS WOULD ORDER THE REPORT PRINTED. THE HOUSE DOCUMENT IN QUESTION IS A PAMPHLET OF 198 PAGES, WITH TABULATIONS AND QUOTATIONS. IT IS ENTIRELY UNREASONABLE TO CONCLUDE THAT THE REGULAR AND NECESSARY PRINTING FOR THE PUBLIC HEALTH SERVICE MUST BE ELIMINATED OR DISCONTINUED TO PAY FOR THIS CONGRESSIONAL DOCUMENT.

ANSWERING YOUR SPECIFIC QUESTION, YOU ARE ADVISED THAT THE TREASURY APPROPRIATION FOR PRINTING AND BINDING IS NOT LEGALLY AND PROPERLY CHARGEABLE WITH THE COST OF PRINTING THE DOCUMENT HERE IN QUESTION.

IN RETURNING THE BILL THE ATTENTION OF THE PUBLIC PRINTER SHOULD BE INVITED TO PARAGRAPH 7 OF SECTION 2 OF THE ACT OF JANUARY 12, 1895, AS AMENDED BY THE ACT OF MARCH 1, 1907, 34 STAT. 1012, PROVIDING AS FOLLOWS:

THE COST OF THE PRINTING OF ANY DOCUMENT OR REPORT HEREAFTER PRINTED BY ORDER OF CONGRESS WHICH CAN NOT UNDER THE PROVISIONS OF PUBLIC RESOLUTION NUMBERED THIRTEEN, FIFTY-NINTH CONGRESS, FIRST SESSION, APPROVED MARCH THIRTIETH, NINETEEN HUNDRED AND SIX, BE PROPERLY CHARGED TO ANY OTHER APPROPRIATION OR ALLOTMENT OF APPROPRIATION ALREADY MADE, IT SHALL, UPON ORDER OF THE JOINT COMMITTEE ON PRINTING, BE CHARGED TO THE ALLOTMENT OF APPROPRIATION FOR PRINTING AND BINDING FOR CONGRESS.