A-60495, MARCH 13, 1935, 14 COMP. GEN. 695

A-60495: Mar 13, 1935

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IS AN "ESTABLISHMENT OF THE GOVERNMENT" WITHIN THE MEANING OF SECTION 11 OF THE PRINTING ACT OF MARCH 1. IS REQUIRED TO SECURE ITS PRINTING AT THE GOVERNMENT PRINTING OFFICE. INDEPENDENT OFFICE AND ESTABLISHMENT OF THE GOVERNMENT" TO HAVE ITS PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IS NOT SUBJECT TO THIS SAID STATUTE AND MAY HAVE PRINTING DONE BY PRIVATE PRINTERS. WILL YOU PLEASE ADVISE US WHETHER OR NOT. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IS REQUIRED BY STATUTE TO SECURE ITS PRINTING AT THE GOVERNMENT PRINTING OFFICE? EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

A-60495, MARCH 13, 1935, 14 COMP. GEN. 695

PRINTING FOR THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, CREATED BY SECTION 402 OF THE ACT OF JUNE 27, 1934, 48 STAT. 1256, IS AN "ESTABLISHMENT OF THE GOVERNMENT" WITHIN THE MEANING OF SECTION 11 OF THE PRINTING ACT OF MARCH 1, 1919, 40 STAT. 1270, AND IS REQUIRED TO SECURE ITS PRINTING AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH AS MAY BE AUTHORIZED BY THE JOINT COMMITTEE ON PRINTING TO BE PROCURED ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR EXCLUSIVE USE OUTSIDE OF THE DISTRICT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL HOME LOAN BANK BOARD, MARCH 13, 935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 20, 1935, AS FOLLOWS:

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION HAD A SMALL PRINTING JOB DONE WITH A PRIVATE PRINTER AND RECEIVED A BILL FOR $40.00.

I AM INFORMED THAT 40 STATS. 1270, U.S.C.A., TITLE 44, SEC. 11, REQUIRES "EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE AND ESTABLISHMENT OF THE GOVERNMENT" TO HAVE ITS PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE. AT THE SAME TIME, I AM ADVISED BY OUR GENERAL COUNSEL THAT, IN HIS OPINION, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IS NOT SUBJECT TO THIS SAID STATUTE AND MAY HAVE PRINTING DONE BY PRIVATE PRINTERS, AND I ENCLOSE COPY OF HIS OPINION AND OF A MEMORANDUM FROM A MEMBER OF THE LEGAL STAFF ON THE SUBJECT.

WILL YOU PLEASE ADVISE US WHETHER OR NOT, IN YOUR OPINION, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IS REQUIRED BY STATUTE TO SECURE ITS PRINTING AT THE GOVERNMENT PRINTING OFFICE?

SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDES IN PART AS FOLLOWS:

* * * THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING AND BLANK- BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

THIS STATUTE BY ITS PLAIN TERMS IS APPLICABLE TO EVERY "ESTABLISHMENT OF THE GOVERNMENT.' THE WORD "ESTABLISHMENT" IS A BROADER TERM THAN DEPARTMENT AND IN DECISION OF JANUARY 3, 1928, EMERGENCY FLEET CORPORATION V. WESTERN UNION TELEGRAPH COMPANY, 275 U.S. 415, THE SUPREME COURT OF THE UNITED STATES HELD THAT THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION WAS A ,DEPARTMENT OF THE GOVERNMENT" WITHIN THE MEANING OF THE POST ROADS ACT. IN THE OPINION IN THAT CASE THE COURT SAID (PAGE 425):

IT IS URGED THAT IF THE FLEET CORPORATION IS GRANTED THE GOVERNMENT RATE, IT MAY LIKEWISE BE CLAIMED BY EVERY INSTRUMENTALITY OF THE GOVERNMENT. INSTRUMENTALITIES LIKE THE NATIONAL BANKS OR THE FEDERAL RESERVE BANKS, IN WHICH THERE ARE PRIVATE INTERESTS, ARE NOT DEPARTMENTS OF THE GOVERNMENT. THEY ARE PRIVATE CORPORATIONS IN WHICH THE GOVERNMENT HAS AN INTEREST. COMPARE BANK OF THE UNITED STATES V PLANTERS' BANK, 9 WHEAT. 904, 907. THE FLEET CORPORATION IS ENTITLED TO THE GOVERNMENT RATE, NOT BECAUSE IT IS AN INSTRUMENTALITY OF THE GOVERNMENT, BUT BECAUSE IT IS A DEPARTMENT OF THE UNITED STATES WITHIN THE MEANING OF THE POST ROADS ACT. * * *

SEE ALSO MERCHANT FLEET CORPORATION V. HARWOOD, 281 U.S. 519, 525, AND MCCARTHY V. UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION, 53 F./2D) 923.

THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION WAS CREATED BY SECTION 402 OF THE ACT OF JUNE 27, 1934, 48 STAT. 1256, TO BE UNDER THE DIRECTION OF THE MEMBERS OF THE FEDERAL HOME LOAN BANK BOARD, SERVING AS A BOARD OF TRUSTEE, AND OPERATED BY IT UNDER SUCH BYLAWS, RULES, AND REGULATIONS AS IT MAY PRESCRIBE FOR CARRYING OUT THE PURPOSES OF THE LAW. ALL OF ITS STOCK IS REQUIRED TO BE SUBSCRIBED TO BY THE HOME OWNERS' LOAN CORPORATION, ALL OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES. ACT OF JUNE 13, 1933, 48 STAT. 129.

HENCE, THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, HAVING BEEN CREATED BY THE GOVERNMENT, CONTROLLED AND DIRECTED SOLELY BY GOVERNMENT OFFICIALS AND AUTHORIZED TO CARRY ON NO ACTIVITY OTHER THAN AS PRESCRIBED BY THE FEDERAL STATUTE WHICH CREATED IT AND FOR ONE OF THE PURPOSES FOR WHICH THE FEDERAL GOVERNMENT WAS ESTABLISHED, TO WIT, "TO PROMOTE THE GENERAL FARE," IS AN "ESTABLISHMENT OF THE GOVERNMENT," WITHIN THE MEANING OF THE PRINTING ACT, SUPRA.

YOU ARE ADVISED, THEREFORE, THAT THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION IS REQUIRED BY STATUTE TO SECURE ITS PRINTING AT THE GOVERNMENT PRINTING OFFICE EXCEPT SUCH AS MAY BE AUTHORIZED BY THE JOINT COMMITTEE ON PRINTING PURSUANT TO THE TERMS OF THE STATUTE AND ITS REGULATIONS ISSUED THEREUNDER, TO BE PROCURED ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR EXCLUSIVE USE OUTSIDE OF SAID DISTRICT.