A-46681, MARCH 6, 1933, 12 COMP. GEN. 540

A-46681: Mar 6, 1933

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WHICH ARE DISTRIBUTED PARTLY TO THE CONGRESS AND PARTLY TO THE WAR DEPARTMENT. ARE PRACTICALLY INDISPENSABLE TO THE EXECUTION OF THE AUTHORIZED WORK BY THE WAR DEPARTMENT. ARE TO BE REGARDED AS REPORTS EMANATING FROM THE WAR DEPARTMENT WITHIN THE MEANING OF JOINT RESOLUTION OF MARCH 30. THE COST OF WHICH IS REQUIRED TO BE CHARGED UNDER APPROPRIATIONS FOR THE WAR DEPARTMENT. 12 COMP. IN WHICH IT IS HELD THAT THE COST OF PRINTING HOUSE DOCUMENT NO. 134. IS NOT A PROPER CHARGE AGAINST THE APPROPRIATION FOR PRINTING AND BINDING FOR THE TREASURY DEPARTMENT. YOUR DECISION IS REQUESTED WHETHER THE COST OF PRINTING AND BINDING OF THE REPORTS ON PRELIMINARY EXAMINATIONS AND SURVEYS. IS PROPERLY CHARGEABLE TO THE WAR DEPARTMENT APPROPRIATIONS FOR PRINTING AND BINDING.

A-46681, MARCH 6, 1933, 12 COMP. GEN. 540

PRINTING AND BINDING - REPORTS TO CONGRESS REPORTS MADE TO THE CONGRESS BY THE WAR DEPARTMENT OF THE VARIOUS PRELIMINARY EXAMINATIONS AND SURVEYS AUTHORIZED AND DIRECTED BY THE TERMS OF THE RIVER AND HARBOR ACTS, WHICH ARE DISTRIBUTED PARTLY TO THE CONGRESS AND PARTLY TO THE WAR DEPARTMENT, THE VERY NATURE OF WHICH REQUIRES THEIR PRESERVATION AND UTILITY IN PRINTED FORM, AND ARE PRACTICALLY INDISPENSABLE TO THE EXECUTION OF THE AUTHORIZED WORK BY THE WAR DEPARTMENT, ARE TO BE REGARDED AS REPORTS EMANATING FROM THE WAR DEPARTMENT WITHIN THE MEANING OF JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825, THE COST OF WHICH IS REQUIRED TO BE CHARGED UNDER APPROPRIATIONS FOR THE WAR DEPARTMENT. 12 COMP. GEN. 51, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, MARCH 6, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JANUARY 9, 1933, AS FOLLOWS:

IN VIEW OF THE DECISION CONTAINED IN YOUR LETTER OF JULY 16, 1932 (A- 42977), TO THE SECRETARY OF THE TREASURY, IN WHICH IT IS HELD THAT THE COST OF PRINTING HOUSE DOCUMENT NO. 134, SEVENTY-SECOND CONGRESS, FIRST SESSION, IS NOT A PROPER CHARGE AGAINST THE APPROPRIATION FOR PRINTING AND BINDING FOR THE TREASURY DEPARTMENT; AND OF PRIOR DECISIONS OF THE SAME TENOR, YOUR DECISION IS REQUESTED WHETHER THE COST OF PRINTING AND BINDING OF THE REPORTS ON PRELIMINARY EXAMINATIONS AND SURVEYS, AUTHORIZED AND DIRECTED BY CONGRESS IN RIVER AND HARBOR ACTS, INCLUDING THE REPORTS AUTHORIZED AND DIRECTED BY THE RIVER AND HARBOR ACTS OF JANUARY 21, 1927, ON SURVEYS IN ACCORDANCE WITH HOUSE DOCUMENT NO. 308, SIXTY-NINTH CONGRESS, FIRST SESSION, IS PROPERLY CHARGEABLE TO THE WAR DEPARTMENT APPROPRIATIONS FOR PRINTING AND BINDING.

IT IS THE USUAL PRACTICE OF CONGRESS TO DIRECT THE PRINTING OF THE REPORTS MADE IN ACCORDANCE WITH SUCH LEGISLATION WHEN THE REPORT FINDS THAT IMPROVEMENT IS ADVISABLE IN THE INTERESTS OF COMMERCE AND OF NAVIGATION. THE PRINTED REPORT IS PRIMARILY FOR THE USE OF CONGRESS AND ITS COMMITTEES IN DETERMINING THE ADVISABILITY OF AUTHORIZING THE IMPROVEMENT PROPOSED. UPON SUCH AUTHORIZATION THE REPORTS ARE OF INTEREST AND IMPORTANCE TO THE DEPARTMENT FOR DISTRIBUTION TO ITS OFFICERS CHARGED WITH THE IMPROVEMENT, SINCE THEY SET FORTH IN EXACT TERMS THE DETAILS OF THE PROJECT AUTHORIZED.

THE SPECIAL SURVEYS MADE UNDER THE DIRECTION OF THE RIVER AND HARBOR ACT OF JANUARY 21, 1927, UNDER THE PROVISIONS OF HOUSE DOCUMENT NO. 308, SIXTY -NINTH CONGRESS, FIRST SESSION, ARE IN A SOMEWHAT DIFFERENT CATEGORY. THESE REPORTS ARE DIRECTED TO THE FORMULATION OF GENERAL PLANS FOR THE MOST EFFECTIVE NAVIGATION IMPROVEMENT OF NAVIGABLE STREAMS OF THE UNITED STATES AND THEIR TRIBUTARIES WHEREON POWER DEVELOPMENT APPEARS FEASIBLE AND PRACTICABLE, AND THE PROSECUTION OF SUCH IMPROVEMENT IN COMBINATION WITH THE MOST EFFICIENT DEVELOPMENT OF POTENTIAL WATER POWER, THE CONTROL OF FLOODS AND THE NEEDS OF IRRIGATION. THESE REPORTS PRESENT COMPREHENSIVE DATA RELATING TO THE UTILIZATION OF THE STREAM FOR ALL PURPOSES, AND ARE GENERALLY QUITE VOLUMINOUS. EXCEPT IN A FEW CASES THEY DO NOT PRESENT THE ADVISABILITY OF IMMEDIATE PROJECTS FOR IMPROVEMENT, BUT THEIR PRINTING IS DESIRABLE TO MAKE AVAILABLE TO THE PUBLIC THE INFORMATION WHICH THEY CONTAIN. UNTIL THE DEPARTMENT ADVISED CONGRESS THAT THE FUNDS AVAILABLE FOR PRINTING AND BINDING COULD NOT MEET THE PRINTING OF SUCH DOCUMENTS, THEY WERE ORDINARILY ORDERED TO BE PRINTED.

BECAUSE OF THE LIMITATION OF THE WAR DEPARTMENT APPROPRIATION FOR PRINTING AND BINDING, THE STATEMENT IS NOW MADE, IN TRANSMITTING TO CONGRESS THE REPORTS ON EXAMINATIONS AND SURVEYS, INCLUDING THE SURVEYS MADE UNDER THE PROVISIONS OF HOUSE DOCUMENT 308, THAT:

"THE FUNDS AVAILABLE TO THE WAR DEPARTMENT UNDER THE APPROPRIATION "PRINTING AND BINDING, WAR DEPARTMENT," FISCAL YEAR 1933, FOR THE PRINTING OF REPORTS OF THIS CHARACTER THE COST OF WHICH IS CHARGEABLE TO THE ABOVE NAMED APPROPRIATION, AS REQUIRED BY PUBLIC RESOLUTION NO. 13, APPROVED MARCH 30, 1906, ARE INSUFFICIENT TO PROVIDE FOR THE PRINTING OF THIS REPORT.'

IN YOUR SUPPLEMENTAL REPORT OF FEBRUARY 16, 1933, YOU STATE:

I HAVE YOUR LETTER DATED JANUARY 23, 1933, REQUESTING ADDITIONAL FACTS RELATIVE TO MY REQUEST FOR A DECISION AS TO WHETHER THE COST OF PRINTING AND BINDING OF THE REPORTS ON PRELIMINARY EXAMINATIONS AND SURVEYS, AUTHORIZED BY CONGRESS IN RIVER AND HARBOR ACTS, IS PROPERLY CHARGEABLE TO THE WAR DEPARTMENT APPROPRIATION FOR PRINTING AND BINDING.

THE DISTRIBUTION OF THE REPORTS ON PRELIMINARY EXAMINATIONS AND SURVEYS RELATING TO RIVER AND HARBOR AND FLOOD PROJECTS, INCLUDING THE SURVEYS AUTHORIZED BY HOUSE DOCUMENT 308/69/1 AND SECTION TEN OF THE FLOOD-CONTROL ACT OF MAY 15, 1928, IS MADE AS FOLLOWS:

TABLE

HOUSE OF REPRESENTATIVES---------------------------- 500 COPIES

SENATE---------------------------------------------- 220 COPIES

HOUSE AND SENATE DOCUMENT ROOMS-------------------- 269 COPIES

TOTAL------------------------------------------ 989 COPIES

THE COST OF THE COMPOSITION AND ELECTROTYPING ON THESE JOBS HAS BEEN CHARGED TO THE APPROPRIATION FOR "PRINTING AND BINDING, WAR DEPARTMENT.' IT IS UNDERSTOOD THAT CONGRESS PAYS THE PUBLIC PRINTER FOR THE COST OF THE PAPER AND PRESSWORK ON THE COPIES FURNISHED IT.

IT HAS BEEN THE PRACTICE OF THE DEPARTMENT WHILE THESE REPORTS ARE IN THE PRESS TO REQUISITION THREE HUNDRED (300) ADDITIONAL COPIES, THE COST OF THE PAPER AND PRESSWORK FOR WHICH HAS BEEN CHARGED TO FUNDS ALLOCATED TO THE OFFICE OF THE CHIEF OF ENGINEERS FOR "PRINTING AND BINDING, WAR DEPARTMENT.'

THE WORK OF THE WAR DEPARTMENT IN THE ADMINISTRATION OF RIVER AND HARBOR WORK IS MATERIALLY AIDED BY THE USE OF PRINTED COPIES OF THESE REPORTS.

YOUR ATTENTION IS ALSO INVITED TO THE PROVISIONS OF SECTION TEN OF THE FLOOD-CONTROL ACT RELATING TO MISSISSIPPI RIVER AND TRIBUTARIES, APPROVED MAY 15, 1928, WHICH EXTENDS THE EFFECT OF HOUSE DOCUMENT 308/69/1, REFERRED TO IN MY LETTER OF JANUARY 9, 1932.

THE ACT OF JANUARY 21, 1927, 44 STAT. 1010, 1015, PROVIDES:

THAT THE FOLLOWING WORKS OF IMPROVEMENT ARE HEREBY ADOPTED AND AUTHORIZED, TO BE PROSECUTED UNDER THE DIRECTION OF THE SECRETARY OF WAR AND SUPERVISION OF THE CHIEF OF ENGINEERS, IN ACCORDANCE WITH THE PLANS RECOMMENDED IN THE REPORTS HEREINAFTER DESIGNATED:

SURVEYS IN ACCORDANCE WITH HOUSE DOCUMENT NUMBERED 308, SIXTY-NINTH CONGRESS, FIRST SESSION, AND INCLUDING IN THE STREAMS MENTIONED IN SAID DOCUMENTS THE FOLLOWING STREAMS:

SECTION 10 OF THE ACT OF MAY 15, 1928, 45 STAT. 538, PROVIDES:

THAT IT IS THE SENSE OF CONGRESS THAT THE SURVEYS OF THE MISSISSIPPI RIVER AND ITS TRIBUTARIES, AUTHORIZED PURSUANT TO THE ACT OF JANUARY 21, 1927, AND HOUSE DOCUMENT NUMBERED 308, SIXTY-NINTH CONGRESS, FIRST SESSION, BE PROSECUTED AS SPEEDILY AS PRACTICABLE, AND THE SECRETARY OF WAR, THROUGH THE CORPS OF ENGINEERS, UNITED STATES ARMY, IS DIRECTED TO PREPARE AND SUBMIT TO CONGRESS AT THE EARLIEST PRACTICABLE DATE PROJECTS FOR FLOOD CONTROL ON ALL TRIBUTARY STREAMS OF THE MISSISSIPPI RIVER SYSTEM SUBJECT TO DESTRUCTIVE FLOODS WHICH PROJECTS SHALL INCLUDE: THE RED RIVER AND TRIBUTARIES, THE YAZOO RIVER AND TRIBUTARIES, THE WHITE RIVER AND TRIBUTARIES, THE SAINT FRANCIS RIVER AND TRIBUTARIES, THE ARKANSAS RIVER AND TRIBUTARIES, THE OHIO RIVER AND TRIBUTARIES, THE MISSOURI RIVER AND TRIBUTARIES, AND THE ILLINOIS RIVER AND TRIBUTARIES; AND THE REPORTS THEREON, IN ADDITION TO THE SURVEYS PROVIDED BY SAID HOUSE DOCUMENT 308, SIXTY-NINTH CONGRESS, FIRST SESSION, SHALL INCLUDE THE EFFECT ON THE SUBJECT OF FURTHER FLOOD CONTROL OF THE LOWER MISSISSIPPI RIVER TO BE ATTAINED THROUGH THE CONTROL OF THE FLOOD WATERS IN THE DRAINAGE BASINS OF THE TRIBUTARIES BY THE ESTABLISHMENT OF A RESERVOIR SYSTEM; THE BENEFITS THAT WILL ACCRUE TO NAVIGATION AND AGRICULTURE FROM THE PREVENTION OF EROSION AND SILTAGE ENTERING THE STREAM; A DETERMINATION OF THE CAPACITY OF THE SOILS OF THE DISTRICT TO RECEIVE AND HOLD WATERS FROM SUCH RESERVOIRS; THE PROSPECTIVE INCOME FROM THE DISPOSAL OF RESERVOIRED WATERS; THE EXTENT TO WHICH RESERVOIRED WATERS MAY BE MADE AVAILABLE FOR PUBLIC AND PRIVATE USES; AND INQUIRY AS TO THE RETURN FLOW OF WATERS PLACED IN THE SOILS FROM RESERVOIRS, AND AS TO THEIR STABILIZING EFFECT ON STREAM FLOW AS A MEANS OF PREVENTING EROSION, SILTAGE, AND IMPROVING NAVIGATION: PROVIDED, THAT BEFORE TRANSMITTING SUCH REPORTS TO CONGRESS THE SAME SHALL BE PRESENTED TO THE MISSISSIPPI RIVER COMMISSION, AND ITS CONCLUSIONS AND RECOMMENDATIONS THEREON SHALL BE TRANSMITTED TO CONGRESS BY THE SECRETARY OF WAR WITH HIS REPORT.

IT IS UNDERSTOOD THAT REPORTS OF SURVEYS WHEN COMPLETED ARE MADE TO THE CONGRESS, WHICH REFERS THEM TO THE COMMITTEE ON RIVERS AND HARBORS, HOUSE OF REPRESENTATIVES, AND ORDERS THEM TO BE PRINTED. YOU HAVE FORWARDED A NUMBER OF SUCH PRINTED REPORTS, THE LAST OF WHICH BEING HOUSE DOCUMENT NO. 190 COVERING THE CHEYENNE RIVER, S.DAK. AND WYO; WHICH WAS REFERRED TO THE COMMITTEE AND ORDERED TO BE PRINTED DECEMBER 16, 1931. IT APPEARS THAT THE COST OF COMPOSITION AND PRESSWORK ON THIS REPORT WAS $2,631.93, WHICH WAS CHARGED UNDER THE PRINTING APPROPRIATION FOR THE WAR DEPARTMENT.

JOINT RESOLUTION DATED MARCH 30, 1906, 34 STAT. 825, 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 OF 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 JULY 16, 1932, 12 COMP. GEN. 51, ON THE BASIS OF WHICH YOUR REQUEST FOR DECISION IS BASED, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

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.

THE FACTS PRESENTED IN THAT CASE DISCLOSED THAT THE REPORT WAS MADE AT THE SPECIFIC REQUEST OF THE CONGRESS AND ORDERED TO BE PRINTED FOR THE EXCLUSIVE USE OF THE CONGRESS, THE PUBLIC HEALTH SERVICE HAVING NO NEED FOR A PRINTED COPY IN THE EXECUTION OF THE DUTIES IMPOSED UPON IT. FURTHERMORE, THE REPORT CONTAINED DATA NOT PREVIOUSLY REQUESTED BY THE CONGRESS AND THERE WAS NO WARNING OR NOTICE IN ADVANCE TO THE DEPARTMENT THAT THE REPORT WOULD BE PRINTED BY THE CONGRESS.

IN THE INSTANT MATTER, A NUMBER OF REPORTS ARE REQUIRED TO BE MADE TO THE CONGRESS OF THE VARIOUS SURVEYS ORDERED, THE VERY NATURE OF WHICH REQUIRES THEIR PRESERVATION AND UTILITY IN PRINTED FORM, AND WHICH NOT ONLY AID THE CONGRESS IN PROVIDING THE NECESSARY APPROPRIATIONS, BUT ALSO WOULD APPEAR TO BE PRACTICALLY INDISPENSABLE TO THE EXECUTION OF THE AUTHORIZED WORK BY THE WAR DEPARTMENT. IT IS NOTED COPIES OF THE REPORTS ARE DISTRIBUTED TO THE WAR DEPARTMENT. THE ACT OF MAY 15, 1928, SUPRA, AND THE PAST PRACTICE OF PRINTING ALL REPORTS ORDERED UNDER SAID STATUTE, CONSTITUTE AN ADVANCE NOTICE TO THE WAR DEPARTMENT THAT THE REPORTS REQUIRED BY THE CONGRESS WILL BE PRINTED. IN VIEW THEREOF, IT IS TO BE ASSUMED THAT THE ESTIMATES ON THE BASIS OF WHICH THE PRINTING APPROPRIATION FOR THE WAR DEPARTMENT WAS PROVIDED INCLUDED THE COST OF PRINTING THESE REPORTS. ACCORDINGLY, YOU ARE ADVISED THAT THESE REPORTS OF SURVEYS ARE REPORTS EMANATING FROM THE WAR DEPARTMENT WITHIN THE PURVIEW OF THE JOINT RESOLUTION OF MARCH 30, 1906, SUPRA.

ATTENTION IS INVITED TO THE PROVISIONS OF SECTION 302 OF THE ECONOMY ACT OF JUNE 30, 1932, PLACING CERTAIN CONTROL OVER PRINTING APPROPRIATIONS FOR THE FISCAL YEAR 1933 WITH THE DIRECTOR OF THE BUREAU OF THE BUDGET WHO IS AUTHORIZED TO DISTRIBUTE FUNDS AVAILABLE FOR PRINTING AMONG THE SEVERAL DEPARTMENTS AND OFFICES AS IN HIS JUDGMENT THE NEEDS OF THE SERVICE MAY REQUIRE. IT IS SUGGESTED THAT THE MATTER OF PRINTING THESE REPORTS BE TAKEN UP WITH THE DIRECTOR.