A-61544, NOVEMBER 21, 1936, 16 COMP. GEN. 510

A-61544: Nov 21, 1936

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1936: THERE WAS RECEIVED YOUR LETTER OF AUGUST 27. AS FOLLOWS: REFERENCE IS MADE TO THE LETTER FROM YOUR OFFICE UNDER DATE OF JUNE 17. SINCE THE AMOUNTS INVOLVED HAVE NOT BEEN LARGE. * * * IT WILL BE NOTED THAT THE ACT OF MARCH 15. THE LANGUAGE OF THE CURRENT APPROPRIATION THUS FORMED IS PLAIN. IT IS NO BROADER WITH RESPECT TO THE EXPENSES IN QUESTION THAN THE PROVISIONS OF THE APPROPRIATION FOR THE FISCAL YEAR 1935. THE EXPENSE OF DISTRIBUTION IS AUTHORIZED WITH RESPECT TO STAMPED ENVELOPES AND NEWSPAPER WRAPPERS. YOU ARE INFORMED THAT THE APPROPRIATION IN QUESTION FOR THE FISCAL YEAR 1937. IS NOT AVAILABLE FOR THE EXPENSE PROPOSED.

A-61544, NOVEMBER 21, 1936, 16 COMP. GEN. 510

APPROPRIATIONS - REQUIREMENT FOR STATUTORY PROVISION FOR PREVIOUSLY PERMITTED EXPENDITURES - COMMEMORATIVE POSTAGE STAMP SALE EXPENSES MONEYS APPROPRIATED FOR THE FISCAL YEAR 1937 BY THE ACT OF JUNE 23, 1936, 49 STAT. 1850, FOR THE MANUFACTURE AND DISTRIBUTION OF STAMPS AND STAMPED PAPER MAY NOT BE USED FOR EXPENSES OF POSTAL OFFICIALS DETAILED TO POST OFFICES TO SUPERVISE THE FIRST DAY SALE OF COMMEMORATIVE POSTAGE STAMPS, THE LANGUAGE OF SAID ACT BEING BROADER THAN THAT OF PRIOR ACTS CONCERNING WHICH IT HAD BEEN HELD LONG PREVIOUS TO THE PASSAGE OF THE 1937 ACT, THAT SUCH CHARGES MIGHT BE MADE ONLY TO INCLUDE JUNE 30, 1936, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, NOVEMBER 21, 1936:

THERE WAS RECEIVED YOUR LETTER OF AUGUST 27, 1936, AS FOLLOWS:

REFERENCE IS MADE TO THE LETTER FROM YOUR OFFICE UNDER DATE OF JUNE 17, 1935 (A-61544), ADVISING THAT AFTER JUNE 30, 1936, FURTHER PAYMENTS WOULD NOT BE APPROVED FROM THE APPROPRIATION ,MANUFACTURE OF POSTAGE STAMPS AND STAMPED PAPER" TO COVER THE EXPENSES OF POSTAL OFFICIALS DETAILED TO POST OFFICES TO SUPERVISE THE FIRST-DAY SALE OF COMMEMORATIVE POSTAGE STAMPS.

IT HAS BEEN A MATTER OF CONVENIENCE IN THE PAST TO PAY THESE EXPENSES FROM THIS APPROPRIATION, SINCE THE AMOUNTS INVOLVED HAVE NOT BEEN LARGE, AND FOR THE FURTHER REASON THAT INFORMATION HAS NOT BEEN AVAILABLE IN ADVANCE ON WHICH TO BASE ESTIMATES FOR A SPECIAL APPROPRIATION. WE SHALL, THEREFORE, BE PLEASED TO CONTINUE THIS PROCEDURE IF FOUND NOT TO BE IN CONFLICT WITH THE WORDING OF THE APPROPRIATION FOR THE CURRENT FISCAL YEAR, WHICH HAS BEEN MODIFIED TO COVER NECESSARY ALLOWANCES FOR DISTRIBUTION.

THE ACT OF MARCH 15, 1934, 48 STAT. 446, 447, APPROPRIATING FOR THE NEEDS OF THE POST OFFICE DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1935, PROVIDED:

FOR MANUFACTURE OF ADHESIVE POSTAGE STAMPS, SPECIAL-DELIVERY STAMPS, BOOKS OF STAMPS, STAMPED ENVELOPES, NEWSPAPER WRAPPERS, POSTAL CARDS, AND FOR COILING OF STAMPS. * * *

FOR PAY OF AGENT AND ASSISTANTS TO EXAMINE AND DISTRIBUTE STAMPED ENVELOPES AND NEWSPAPER WRAPPERS, AND EXPENSES OF AGENCY. * * *

THE ACTS OF MAY 14, 1935, 49 STAT. 240, AND JUNE 23, 1936, 49 STAT. 1850, APPROPRIATING FOR THE FISCAL YEARS ENDING JUNE 30, 1936, AND JUNE 30, 1937, RESPECTIVELY, PROVIDE:

MANUFACTURE AND DISTRIBUTION OF STAMPS AND STAMPED PAPER; FOR MANUFACTURE OF ADHESIVE POSTAGE STAMPS, SPECIAL-DELIVERY STAMPS, BOOKS OF STAMPS, STAMPED ENVELOPES, NEWSPAPER WRAPPERS, POSTAL CARDS, AND FOR COILING OF STAMPS, AND INCLUDING NOT TO EXCEED $22,100 FOR PAY OF AGENT AND ASSISTANTS TO EXAMINE AND DISTRIBUTE STAMPED ENVELOPES AND NEWSPAPER WRAPPERS, AND FOR EXPENSES OF AGENCY, * * *

IT WILL BE NOTED THAT THE ACT OF MARCH 15, 1934, SUPRA, APPROPRIATING FOR THE FISCAL YEAR 1935, CONTAINED TWO SEPARATE ITEMS, ONE FOR MANUFACTURING AND ANOTHER FOR DISTRIBUTING, AND THAT THE APPROPRIATION ACTS FOR 1936, AND 1937, SUPRA, COMBINED THE TWO ITEMS INTO ONE UNDER THE APPROPRIATION HEADING,"MANUFACTURE AND DISTRIBUTION OF STAMPS AND STAMPED PAPER.' THE LANGUAGE OF THE CURRENT APPROPRIATION THUS FORMED IS PLAIN. IT IS NO BROADER WITH RESPECT TO THE EXPENSES IN QUESTION THAN THE PROVISIONS OF THE APPROPRIATION FOR THE FISCAL YEAR 1935. THE EXPENSE OF DISTRIBUTION IS AUTHORIZED WITH RESPECT TO STAMPED ENVELOPES AND NEWSPAPER WRAPPERS, ONLY, THUS PRECLUDING THE USE OF THE APPROPRIATION FOR THE EXPENSE OF DISTRIBUTION OF COMMEMORATIVE STAMPS OR ANY OTHER STAMPS NOT ATTACHED TO ENVELOPES OR NEWSPAPER WRAPPERS.

ACCORDINGLY, AND IN VIEW OF THE NOTICE CONTAINED IN THE DECISION OF JUNE 17, 1935, YOU ARE INFORMED THAT THE APPROPRIATION IN QUESTION FOR THE FISCAL YEAR 1937, IS NOT AVAILABLE FOR THE EXPENSE PROPOSED.