A-62728, JUNE 17, 1935, 14 COMP. GEN. 903

A-62728: Jun 17, 1935

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1935: I HAVE YOUR LETTER OF JUNE 7. THE CONFERENCE WILL COVER MANY QUESTIONS RELATING TO THE DEVELOPMENT OF COMMUNITIES IN RURAL AND URBAN AREAS. THE INFORMATION AND MATERIAL TO BE OBTAINED AT SUCH CONFERENCE WILL UNDOUBTEDLY BE OF CONSIDERABLE AID AND VALUE IN THE ADMINISTRATION OF THE RESETTLEMENT ADMINISTRATION. THE RESETTLEMENT ADMINISTRATION WAS ESTABLISHED BY EXECUTIVE ORDER NO. 7027. FOR THE ADMINISTRATIVE EXPENSES THEREOF THERE WAS ALLOCATED TO THE ADMINISTRATION FROM THE APPROPRIATION MADE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935. PROVIDES: ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE.

A-62728, JUNE 17, 1935, 14 COMP. GEN. 903

APPROPRIATIONS - RESETTLEMENT ADMINISTRATION FUNDS ALLOCATED TO THE RESETTLEMENT ADMINISTRATION FROM THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 MAY NOT LAWFULLY BE USED TO PAY THE EXPENSES OF A REPRESENTATIVE OF THE ADMINISTRATOR OF THE RESETTLEMENT ADMINISTRATION IN ATTENDING MEETINGS OF THE INTERNATIONAL HOUSING CONGRESS AT PRAGUE, IN VIEW OF THE LANGUAGE OF SECTION 2 OF SAID ACT LIMITING EXPENDITURE OF SUCH FUNDS ONLY IN THE UNITED STATES AND ITS TERRITORIES.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, RESETTLEMENT ADMINISTRATION, JUNE 17, 1935:

I HAVE YOUR LETTER OF JUNE 7, 1935, AS FOLLOWS:

THE DEPARTMENT OF STATE HAS REFERRED TO THE UNDERSIGNED A COPY OF THE COMMUNICATION DATED MAY 9, 1935, FROM THE MINISTER OF THE CZECHOSLOVAK LEGATION IN WASHINGTON, EXTENDING TO THE GOVERNMENT OF THE UNITED STATES AN INVITATION TO BE REPRESENTED BY OFFICIAL DELEGATES AT THE INTERNATIONAL HOUSING CONGRESS, TO BE HELD IN PRAGUE FROM JUNE 23 TO JUNE 26, 1935.

THE DEPARTMENT OF STATE HAS INQUIRED AS TO WHETHER THE RESETTLEMENT ADMINISTRATION WOULD CARE TO SUBMIT THE NAMES OF PERSONS CONSIDERED SUITABLE FOR APPOINTMENT AS OFFICIAL DELEGATES TO SUCH CONGRESS. THE DEPARTMENT OF STATE HAS FURTHER INDICATED THAT IT HAS NO FUNDS FOR WHICH THE EXPENSES OF REPRESENTATION AT THIS CONFERENCE COULD BE DEFRAYED. THE CONFERENCE WILL COVER MANY QUESTIONS RELATING TO THE DEVELOPMENT OF COMMUNITIES IN RURAL AND URBAN AREAS. THE INFORMATION AND MATERIAL TO BE OBTAINED AT SUCH CONFERENCE WILL UNDOUBTEDLY BE OF CONSIDERABLE AID AND VALUE IN THE ADMINISTRATION OF THE RESETTLEMENT ADMINISTRATION.

I BEG TO CALL YOUR ATTENTION TO SECTION 2 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, WHICH PROVIDES IN PART AS FOLLOWS:

"THE APPROPRIATION MADE HEREIN SHALL BE AVAILABLE FOR USE ONLY IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS * * *"

I WOULD APPRECIATE YOUR DECISION AS TO WHETHER I MAY PROPERLY AUTHORIZE THE EXPENDITURE OF MONEYS, OUT OF THE ADMINISTRATIVE EXPENSES AVAILABLE TO THE RESETTLEMENT ADMINISTRATION, FOR EXPENSES OF MY REPRESENTATIVE IN ATTENDING THE AFORESAID CONFERENCE, OR WHETHER THE AFORESAID QUOTED PROVISION WOULD PROHIBIT SUCH PROCEDURE.

THE RESETTLEMENT ADMINISTRATION WAS ESTABLISHED BY EXECUTIVE ORDER NO. 7027, DATED APRIL 30, 1935, AND FOR THE ADMINISTRATIVE EXPENSES THEREOF THERE WAS ALLOCATED TO THE ADMINISTRATION FROM THE APPROPRIATION MADE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, THE SUM OF $250,000.

SECTION 3678, REVISED STATUTES (TITLE 31, U.S. CODE, SECTION 628), PROVIDES:

ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS.

SECTION 2 OF THE EMERGENCY RELIEF ACT LIMITS THE EXPENDITURE OF FUNDS APPROPRIATED THEREIN FOR USE ONLY IN THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS AND WHILE FUNDS ALLOTTED FROM APPROPRIATIONS, UNDER PROPER AUTHORITY, BECOME SIMILAR IN STATUS TO DIRECT STATUTORY APPROPRIATIONS, THEY ARE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS APPLICABLE TO APPROPRIATIONS GENERALLY.

IN VIEW OF THE SPECIFIC LANGUAGE OF THE EMERGENCY RELIEF ACT LIMITING THE AVAILABILITY OF THE MONEYS APPROPRIATED THEREIN FOR USE ONLY IN THE UNITED STATES, ETC., YOU ARE ADVISED THAT YOU MAY NOT LAWFULLY AUTHORIZE THE EXPENDITURE OF THE FUNDS ALLOTTED FOR THE ADMINISTRATIVE EXPENSES OF THE RESETTLEMENT ADMINISTRATION TO PAY THE EXPENSES OF YOUR REPRESENTATIVE IN ATTENDING THE MEETINGS OF THE INTERNATIONAL HOUSING CONGRESS TO BE HELD IN PRAGUE.