A-58800, DECEMBER 12, 1934, 14 COMP. GEN. 455

A-58800: Dec 12, 1934

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1934: REFERENCE IS HAD TO YOUR LETTER OF NOVEMBER 10. AS FOLLOWS: ENCLOSED IS A COPY OF A LETTER FROM THE DIRECTOR OF PROCUREMENT. I HAVE THE HONOR TO REQUEST THAT AN ACCOUNT BE STATED AND CERTIFIED IN FAVOR OF THE TREASURER OF THE UNITED STATES FOR THE SUM OF SEVENTY THOUSAND DOLLARS ($70. IT APPEARS FROM THE CORRESPONDENCE INCLOSED WITH THE REQUEST THAT THE TRANSFER IS FOR THE PURPOSE OF PERMANENTLY REVESTING IN THE PROCUREMENT DIVISION. IT IS STATED THAT SUCH TRANSFER IS BASED ON SECTION 601 OF THE ECONOMY ACT OF JUNE 30. IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH EXECUTIVE DEPARTMENT. OR OFFICES CONCERNED: * * * SAID SECTION 601 OF THE ECONOMY ACT IS NOT APPLICABLE TO THE PRESENT SITUATION AS IT CONTEMPLATES THE PERFORMANCE OF OCCASIONAL SERVICES ONLY.

A-58800, DECEMBER 12, 1934, 14 COMP. GEN. 455

EXECUTIVE DEPARTMENTS - REORGANIZATION THE PERMANENT TRANSFER OF A FUNCTION FROM ONE DEPARTMENT TO ANOTHER MAY BE ACCOMPLISHED ONLY BY STATUTORY AUTHORITY OR SANCTION, AS, FOR EXAMPLE, BY EXECUTIVE ORDER PURSUANT TO SECTIONS 401 TO 409 OF THE ACT OF MARCH 3, 1933. SUCH A PERMANENT TRANSFER MAY NOT BE ACCOMPLISHED UNDER SECTION 601 OF THE ECONOMY ACT OF JUNE 30, 1932, WHICH CONTEMPLATES THE PERFORMANCE OF OCCASIONAL SERVICES ONLY BY ONE DEPARTMENT OR ESTABLISHMENT UPON ORDER OF THE DEPARTMENT OR ESTABLISHMENT OTHERWISE CHARGED WITH THAT DUTY.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, DECEMBER 12, 1934:

REFERENCE IS HAD TO YOUR LETTER OF NOVEMBER 10, 1934, AS FOLLOWS:

ENCLOSED IS A COPY OF A LETTER FROM THE DIRECTOR OF PROCUREMENT, TREASURY DEPARTMENT, ADDRESSED TO THE POSTMASTER GENERAL, ENCLOSING A COPY OF A LETTER ADDRESSED BY THE ACTING DIRECTOR OF THE BUREAU OF THE BUDGET TO THE COMPTROLLER, POST OFFICE DEPARTMENT, IN REGARD TO A TRANSFER OF SEVENTY THOUSAND DOLLARS ($70,000.00) FROM THE UNEXPENDED BALANCE OF THE APPROPRIATION "FURNITURE, CARPETS, AND SAFES FOR PUBLIC BUILDINGS, POST OFFICE DEPARTMENT, 1935" TO THE APPROPRIATION ,FURNITURE AND REPAIRS OF SAME FOR PUBLIC BUILDINGS, PROCUREMENT DIVISION, 1935.'

I HAVE THE HONOR TO REQUEST THAT AN ACCOUNT BE STATED AND CERTIFIED IN FAVOR OF THE TREASURER OF THE UNITED STATES FOR THE SUM OF SEVENTY THOUSAND DOLLARS ($70,000.00).

IT APPEARS FROM THE CORRESPONDENCE INCLOSED WITH THE REQUEST THAT THE TRANSFER IS FOR THE PURPOSE OF PERMANENTLY REVESTING IN THE PROCUREMENT DIVISION, TREASURY DEPARTMENT, THE CONTROL OF THE REPAIR AND REPLACEMENT OF LIGHTING FIXTURES IN FEDERAL BUILDINGS TRANSFERRED TO YOUR DEPARTMENT OCTOBER 1, 1933, PURSUANT TO EXECUTIVE ORDER NO. 6166 OF JUNE 10, 1933. IT IS STATED THAT SUCH TRANSFER IS BASED ON SECTION 601 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 417, WHICH PROVIDES:

ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT, OR ANY BUREAU OR OFFICE THEREOF, IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH EXECUTIVE DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE TO BE IN THE INTEREST OF THE GOVERNMENT SO TO DO, MAY PLACE ORDERS WITH ANY OTHER SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE FOR MATERIALS, SUPPLIES, EQUIPMENT, WORK, OR SERVICES OF ANY KIND THAT SUCH REQUISITIONED FEDERAL AGENCY MAY BE IN A POSITION TO SUPPLY OR EQUIPPED TO RENDER, AND SHALL PAY PROMPTLY BY CHECK TO SUCH FEDERAL AGENCY AS MAY BE REQUISITIONED, UPON ITS WRITTEN REQUEST, EITHER IN ADVANCE OR UPON THE FURNISHING OR PERFORMANCE THEREOF, ALL OR PART OF THE ESTIMATED OR ACTUAL COST THEREOF AS DETERMINED BY SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE AS MAY BE REQUISITIONED; BUT PROPER ADJUSTMENTS ON THE BASIS OF THE ACTUAL COST OF THE MATERIALS, SUPPLIES, OR EQUIPMENT FURNISHED, OR WORK OR SERVICES PERFORMED, PAID FOR IN ADVANCE, SHALL BE MADE AS MAY BE AGREED UPON BY THE DEPARTMENTS, ESTABLISHMENTS, BUREAUS, OR OFFICES CONCERNED: * * *

SAID SECTION 601 OF THE ECONOMY ACT IS NOT APPLICABLE TO THE PRESENT SITUATION AS IT CONTEMPLATES THE PERFORMANCE OF OCCASIONAL SERVICES ONLY, BY ONE DEPARTMENT OR ESTABLISHMENT UPON THE ORDER OF THE DEPARTMENT OR ESTABLISHMENT WHICH IS OTHERWISE CHARGED THEREWITH AND DOES NOT CONTEMPLATE THE PERMANENT TRANSFER OF A FUNCTION OF ONE DEPARTMENT OR SERVICE TO ANOTHER DEPARTMENT. THE PERMANENT TRANSFER OF A FUNCTION FROM ONE DEPARTMENT TO ANOTHER MAY BE ACCOMPLISHED ONLY BY STATUTORY AUTHORITY OR SANCTION. SECTIONS 401 TO 409 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1517-1519, GRANTED TO THE PRESIDENT OF THE UNITED STATES AUTHORITY TO REORGANIZE THE VARIOUS GOVERNMENT DEPARTMENTS OR ESTABLISHMENTS AND TO TRANSFER THE WHOLE OR ANY PART OF ANY EXECUTIVE AGENCY AND/OR FUNCTIONS THEREOF TO THE JURISDICTION AND CONTROL OF ANY OTHER EXECUTIVE AGENCY. PURSUANT TO SUCH AUTHORITY, EXECUTIVE ORDER NO. 6166 OF JUNE 10, 1933, DIRECTED THE TRANSFER TO THE POST OFFICE DEPARTMENT OF ADMINISTRATION OF POST-OFFICE BUILDINGS. THE REPAIR AND REPLACEMENT OF LIGHTING FIXTURES WAS NECESSARILY INVOLVED IN THE TRANSFER AND APPROPRIATIONS WERE MADE TO YOUR DEPARTMENT FOR THE FISCAL YEAR 1935 TO TAKE CARE OF THIS AND OTHER EXPENSES INCIDENT TO THE ADMINISTRATION OF SUCH BUILDINGS. ACCORDINGLY, THE RETRANSFER OF THIS PARTICULAR FUNCTION OR ACTIVITY TO THE TREASURY DEPARTMENT MAY BE ACCOMPLISHED ONLY BY AN ORDER OF THE PRESIDENT IN ACCORDANCE WITH THE ACT OF MARCH 3, 1933, OR BY A SPECIFIC ACT OF THE CONGRESS. THEREFORE, THE REQUEST FOR THE TRANSFER OF THE FUNDS MUST BE, AND IS, DENIED.