A-67359, DECEMBER 24, 1935, 15 COMP. GEN. 555

A-67359: Dec 24, 1935

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AS FOLLOWS: I HAVE YOUR DECISION OF NOVEMBER 15 (A-67359). IT WOULD SEEM THAT THE PROPOSED PROGRAM WAS NEITHER FULLY NOR PROPERLY PRESENTED TO YOU. SINCE THE INFERENCE WAS DRAWN THAT THE PRIMARY REASON FOR THE PROPOSED PROGRAM WAS TO PURCHASE AGRICULTURAL COMMODITIES FOR RELIEF PURPOSES. IT IS. AT THE SAME TIME GAVE THE SECRETARY FLEXIBLE DISCRETIONARY POWERS WHICH WERE CALCULATED TO LEAD TOWARD INCREASING THE EXPORTATION OF AGRICULTURAL COMMODITIES AND INCREASING THE DOMESTIC CONSUMPTION OF SUCH COMMODITIES AND/OR THEIR PRODUCTS. IN SUCH AMOUNTS AS HE FINDS WILL ACCOMPLISH THESE PURPOSES. THE PRIMARY PURPOSE OF THE PROPOSED PURCHASES OF SURPLUS AGRICULTURAL COMMODITIES IS NOT TO SUPPLEMENT THE RELIEF PROGRAM.

A-67359, DECEMBER 24, 1935, 15 COMP. GEN. 555

AGRICULTURE DEPARTMENT - PURCHASE OF SURPLUS AGRICULTURAL COMMODITIES FOR RELIEF PURPOSES FUNDS APPROPRIATED BY SECTION 32 OF THE ACT OF AUGUST 24, 1935, 49 STAT. 774, TO ENCOURAGE THE DOMESTIC CONSUMPTION OF AGRICULTURAL COMMODITIES BY DIVERTING THEM, BY PAYMENT OF BENEFITS OR INDEMNITIES FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE, MAY NOT LEGALLY BE USED FOR THE PURCHASE OF SURPLUS AGRICULTURAL COMMODITIES FOR RELIEF OR OTHER PURPOSES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, DECEMBER 24, 1935.

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 19, 1935, WITH ENCLOSURES, AS FOLLOWS:

I HAVE YOUR DECISION OF NOVEMBER 15 (A-67359), IN WHICH YOU HOLD THAT THE FUNDS AUTHORIZED UNDER SECTION 32 OF PUBLIC, NO. 320, APPROVED AUGUST 24, 1935, MAY NOT BE USED TO CARRY OUT A PROPOSED PROGRAM FOR THE PURCHASE OF CERTAIN SURPLUS COMMODITIES.

IT WOULD SEEM THAT THE PROPOSED PROGRAM WAS NEITHER FULLY NOR PROPERLY PRESENTED TO YOU, SINCE THE INFERENCE WAS DRAWN THAT THE PRIMARY REASON FOR THE PROPOSED PROGRAM WAS TO PURCHASE AGRICULTURAL COMMODITIES FOR RELIEF PURPOSES. IT IS, THEREFORE, DEEMED NECESSARY AND DESIRABLE THAT THE MATTER BE SUBMITTED TO YOU FOR RECONSIDERATION IN THE LIGHT OF THE FACTS IN THE CASE. ALSO, IN ITS INITIAL SUBMISSION THE DEPARTMENT FAILED CLEARLY TO SHOW THE RELATIONSHIP OF THE PROPOSED PROGRAM TO THE PURPOSES SOUGHT TO BE ACCOMPLISHED BY THE CONGRESS IN THE ENACTMENT OF SECTION 32 OF PUBLIC, NO. 320, APPROVED AUGUST 24, 1935.

IN ENACTING SECTION 32 OF PUBLIC, NO. 320, THE 74TH CONGRESS PLACED UPON THE SECRETARY OF AGRICULTURE THE RESPONSIBILITY OF EXECUTING ITS MANDATE, AND AT THE SAME TIME GAVE THE SECRETARY FLEXIBLE DISCRETIONARY POWERS WHICH WERE CALCULATED TO LEAD TOWARD INCREASING THE EXPORTATION OF AGRICULTURAL COMMODITIES AND INCREASING THE DOMESTIC CONSUMPTION OF SUCH COMMODITIES AND/OR THEIR PRODUCTS. IT PROVIDED THAT THE FUNDS TO BE USED FOR THIS PURPOSE SHALL BE EXPENDED BY THE SECRETARY OF AGRICULTURE AT SUCH TIMES, IN SUCH MANNER, AND IN SUCH AMOUNTS AS HE FINDS WILL ACCOMPLISH THESE PURPOSES. THIS PROPOSED PROGRAM OF PURCHASING AGRICULTURAL COMMODITIES RESTS UPON THE SECOND OF THE ENUMERATED PURPOSES IN SECTION 32 FOR WHICH THE MONEYS APPROPRIATED THEREIN MAY BE EXPENDED, NAMELY,"TO ENCOURAGE THE DOMESTIC CONSUMPTION OF SUCH COMMODITIES OR PRODUCTS BY DIVERTING THEM, BY THE PAYMENT OF BENEFITS OR INDEMNITIES, OR BY OTHER MEANS, FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE.'

THE PRIMARY PURPOSE OF THE PROPOSED PURCHASES OF SURPLUS AGRICULTURAL COMMODITIES IS NOT TO SUPPLEMENT THE RELIEF PROGRAM, BUT TO MAKE POSSIBLE A PLAN FOR ENCOURAGING AND INCREASING DOMESTIC CONSUMPTION OF SUCH COMMODITIES BY DIVERTING THEM FROM NORMAL CHANNELS OF COMMERCE AS A NECESSARY COUNTERPART TO DOMESTIC PROGRAMS FOR THE SAME COMMODITIES UNDER THE AGRICULTURAL ADJUSTMENT ACT, AS AMENDED. IN THIS PARTICULAR PROPOSAL THE ONLY REASONABLE ADMINISTRATIVE METHOD OF DISPOSING OF THESE SURPLUS AGRICULTURAL COMMODITIES, ONCE HAVING REMOVED THEM FROM THE "NORMAL CHANNELS OF TRADE AND COMMERCE," IS BY THEIR DIVERSION TO CONSUMERS WHO HAVE BEEN FORCED, BECAUSE OF AN INSUFFICIENT PURCHASING POWER, TO A SUBSTANDARD CONSUMPTION OF FARM PRODUCTS. IT MUST BE RECOGNIZED AT THE OUTSET, HOWEVER, THAT THE DISPOSITION OF THE COMMODITIES IN THIS MANNER IS MERELY INCIDENTAL TO THE PROPOSED PROGRAM. A QUANTITY OF THE COMMODITY IS SIMPLY WITHDRAWN FROM ITS REGULAR FLOW INTO THE COMPETITIVE MARKET, WHICH WOULD OTHERWISE HAVE TO ABSORB IT, AND DIVERTED, THROUGH OTHER CHANNELS, INTO DOMESTIC CONSUMPTION BY CONSUMERS WHO ARE WITHOUT PURCHASING POWER TO ENTER THE PRESENT MARKET. FURNISHING THIS TYPE OF CONSUMER WITH AGRICULTURAL COMMODITIES INCREASES AND TENDS TO "ENCOURAGE THE DOMESTIC CONSUMPTION" BY INCREASING THE DOMESTIC DEMAND FOR THE SURPLUS COMMODITIES. THE PRINCIPLE, WHICH CANNOT BE TOO STRONGLY EMPHASIZED, IS THAT THE DIVERSION OF SURPLUS AGRICULTURAL COMMODITIES AWAY FROM THE NORMAL OR ORDINARY MARKETS AND INTO ABNORMAL CHANNELS DIMINISHES THE SURPLUS ON THE DOMESTIC MARKET. MAKING THESE SURPLUS COMMODITIES AVAILABLE TO THE SUBNORMAL CONSUMERS BY DISTRIBUTION OF SUCH COMMODITIES FOR RELIEF PURPOSES, OR BY INDIRECTLY INCREASING THE SUBNORMAL CONSUMER'S PURCHASING POWER, THOUGH INCIDENTAL, IS AN EFFECTIVE MEANS OF CARRYING OUT THE INTENTIONS OF CONGRESS.

IN ENACTING SECTION 32, CONGRESS INTENDED TO SET UP A MARKET EXPANSION PROGRAM AND TO ENCOURAGE IT BY PAYING INDEMNITIES OR BENEFITS OR BY OTHER MEANS. THE SECOND OF THE PURPOSES ENUMERATED IN THIS SECTION IS A MEANS TO AID IN THE CARRYING OUT OF THIS PROGRAM. IF IT IS DECIDED NOT TO EXPORT THE SURPLUS COMMODITY, IT BECOMES NECESSARY TO TAKE OTHER STEPS, DOMESTICALLY, RELATIVE TO THE SURPLUS OF THE PRODUCT. WHAT THESE OTHER STEPS ARE RESTS IN THE MEANING OF THE WORD ,DIVERSION.' THE SECRETARY OF AGRICULTURE COULD DIVERT THE SURPLUS COMMODITIES BY STORING THEM, BY PROCESSING THEM INTO BYPRODUCTS, OR BY DONATING THEM TO INDIVIDUALS WHO ARE NOT AN EFFECTIVE FACTOR IN THE MARKETING OF SUCH COMMODITIES. IN THE VERY NATURE OF THE PROPOSED PROGRAM, THE SECRETARY OF AGRICULTURE CAN DO ONLY THE LATTER, NOT BECAUSE IT IS NECESSARY TO CARRY ON THE RELIEF PROGRAM AS SUCH, BUT BECAUSE IT IS DEEMED NECESSARY ADEQUATELY TO DISPOSE OF THE SURPLUS.

THAT THIS WAS THE INTENT OF CONGRESS IS CLEARLY INDICATED IN THE REPORT UPON THIS SECTION OF THE HOUSE COMMITTEE ON AGRICULTURE (H.R. REPORT NO. 1241, 74TH CONGRESS, FIRST SESSION, JUNE 15, 1935, PAGE 6): "THE DIVERSION IS TO BE ACCOMPLISHED BY THE PAYMENT OF BENEFITS AND INDEMNITIES, OR BY OTHER MEANS, SUCH AS THE PURCHASE OF THESE COMMODITIES FOR RELIEF DISTRIBUTION.' IT WOULD THEREFORE SEEM CLEAR THAT THIS PROPOSAL IS WITHIN THE TERMS OF THE SECOND OF THE ENUMERATED PURPOSES OF SECTION 32 OF THE ACT, APPROVED AUGUST 24, 1935, AND REPRESENTS THE USE OF PUBLIC FUNDS FOR THAT PURPOSE WHICH WILL BEST TEND TO INCREASE THE DOMESTIC CONSUMPTION OF AGRICULTURAL COMMODITIES AND WHICH IS IN HARMONY WITH THE EXPRESSED INTENTION OF THE CONGRESSIONAL COMMITTEE ADVANCING THE MEASURE.

IN VIEW OF THE FOREGOING, IT IS RESPECTFULLY REQUESTED THAT THE DECISION OF NOVEMBER 15, 1935, BE RECONSIDERED. IN ACCORDANCE WITH THIS REQUEST, THERE IS RESUBMITTED HEREWITH OUR LETTER OF NOVEMBER 5, 1935, TOGETHER WITH PUBLIC VOUCHER, COMMODITIES PURCHASE SECTION (CPS) FORM NO. 38. SHOULD YOU DESIRE ADDITIONAL INFORMATION, THE DEPARTMENT WILL BE GLAD TO FURNISH IT UPON YOUR REQUEST.

IN THE DECISION OF NOVEMBER 15, 1935, TO WHICH YOUR LETTER HAS REFERENCE, IT WAS HELD THAT SECTION 32 OF THE ACT OF AUGUST 24, 1935, 49 STAT. 774, DID NOT PROVIDE FUNDS FOR RELIEF PURPOSES, PROVISION HAVING BEEN MADE FOR RELIEF UNDER THE EMERGENCY RELIEF ACT OF APRIL 8, 1935. IT WAS POINTED OUT THAT WHILE THE PURCHASE OF THE ENUMERATED PRODUCTS FROM GROWERS AND DEALERS AND THE DISTRIBUTION THEREOF TO THE NEEDY MIGHT TEMPORARILY REDUCE A PRESENT SURPLUS AND TEMPORARILY INCREASE DOMESTIC CONSUMPTION, THE SAME RESULTS WOULD BE ACCOMPLISHED THROUGH THE USE OF FUNDS SPECIFICALLY PROVIDED FOR RELIEF, AND THAT THE PURCHASE AND DISTRIBUTION AS PROPOSED WOULD NOT CONSTITUTE A DIVERSION OF SUCH AGRICULTURAL COMMODITIES FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE.

IN YOUR LETTER OF NOVEMBER 19, IT WAS REPRESENTED THAT THE PRIMARY PURPOSE OF THE PROPOSED PURCHASE OF SURPLUS AGRICULTURAL COMMODITIES IS TO ENCOURAGE AND INCREASE DOMESTIC CONSUMPTION AND THAT THE FREE DISTRIBUTION OF SAID PRODUCTS WAS MERELY INCIDENTAL THERETO, AND YOU SUGGEST THAT, BECAUSE THEREOF, THE PROPOSED PURCHASE IS AUTHORIZED UNDER THE STATUTE.

THE CONCLUSION STATED IN THE FORMER DECISION WAS, OF COURSE, NOT WITHOUT CONSIDERATION OF SECTION 32 OF ACT OF AUGUST 24, 1935, THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, AND RELEVANT STATUTES. IT IS PROVIDED BY STATUTE THAT 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 3678, REVISED STATUTES. IT IS FUNDAMENTAL THAT WHERE ONE APPROPRIATION PROVIDES FUNDS FOR A DESIGNATED PURPOSE, NO OTHER APPROPRIATION IS DIRECTLY OR INDIRECTLY AVAILABLE FOR THE ACCOMPLISHMENT OF SUCH PURPOSES UNLESS SPECIFICALLY MADE AVAILABLE THEREFOR.

THE "FLEXIBLE DISCRETIONARY POWERS" WHICH YOU STATE ARE VESTED IN YOU BY THE STATUTE ARE ONLY THOSE POWERS WHICH ARE NECESSARY IN ADMINISTERING THE STATUTE INVOLVED, AND MAY NOT LAWFULLY BE EXTENDED BEYOND ITS SPECIFIC PROVISIONS.

SECTION 32 OF THE ACT OF AUGUST 24, 1935, IS AS FOLLOWS:

THERE IS HEREBY APPROPRIATED FOR EACH FISCAL YEAR BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1936, AN AMOUNT EQUAL TO 30 PERCENTUM OF THE GROSS RECEIPTS FROM DUTIES COLLECTED UNDER THE CUSTOMS LAWS DURING THE PERIOD JANUARY 1 TO DECEMBER 31, BOTH INCLUSIVE, PRECEDING THE BEGINNING OF EACH SUCH FISCAL YEAR. SUCH SUMS SHALL BE MAINTAINED IN A SEPARATE FUND AND SHALL BE USED BY THE SECRETARY OF AGRICULTURE ONLY TO (1) ENCOURAGE THE EXPORTATION OF AGRICULTURAL COMMODITIES AND PRODUCTS THEREOF BY THE PAYMENT OF BENEFITS IN CONNECTION WITH THE EXPORTATION THEREOF OR OF INDEMNITIES FOR LOSSES INCURRED IN CONNECTION WITH SUCH EXPORTATION OR BY PAYMENTS TO PRODUCERS IN CONNECTION WITH THE PRODUCTION OF THAT PART OF ANY AGRICULTURAL COMMODITY REQUIRED FOR DOMESTIC CONSUMPTION; (2) ENCOURAGE THE DOMESTIC CONSUMPTION OF SUCH COMMODITIES OR PRODUCTS BY DIVERTING THEM, BY THE PAYMENT OF BENEFITS OR INDEMNITIES, OR BY OTHER MEANS, FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE; AND (3) FINANCE ADJUSTMENTS IN THE QUANTITY PLANTED OR PRODUCED FOR MARKET OF AGRICULTURAL COMMODITIES. THE AMOUNTS APPROPRIATED UNDER THIS SECTION SHALL BE EXPENDED FOR SUCH OF THE ABOVE-SPECIFIED PURPOSES, AND AT SUCH TIMES, IN SUCH MANNER, AND IN SUCH AMOUNTS AS THE SECRETARY OF AGRICULTURE FINDS WILL TEND TO INCREASE THE EXPORTATION OF AGRICULTURAL COMMODITIES AND PRODUCTS THEREOF, AND INCREASE THE DOMESTIC CONSUMPTION OF AGRICULTURAL COMMODITIES AND PRODUCTS THEREOF: PROVIDED, THAT NO PART OF THE FUNDS APPROPRIATED BY THIS SECTION SHALL BE EXPENDED PURSUANT TO CLAUSE (3) HEREOF UNLESS THE SECRETARY OF AGRICULTURE DETERMINES THAT THE EXPENDITURE OF SUCH PART PURSUANT TO CLAUSES (1) AND (2) IS NOT NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION: PROVIDED FURTHER, THAT NO PART OF THE FUNDS APPROPRIATED BY THIS SECTION SHALL BE USED FOR THE PAYMENT OF BENEFITS IN CONNECTION WITH THE EXPORTATION OF UNMANUFACTURED COTTON.

IT MUST BE SELF-EVIDENT THAT THE FUNDS APPROPRIATED BY THIS SECTION MAY BE USED BY THE SECRETARY OF AGRICULTURE ONLY FOR THE SPECIFIED PURPOSES, THE DISCRETION OF THE SECRETARY BEING LIMITED TO DETERMINATION OF THE TIME, MANNER, AND AMOUNTS OF SUCH EXPENDITURES FOR SUCH SPECIFIED PURPOSES. THE SPECIFIED PURPOSES ARE (1) TO ENCOURAGE EXPORTATION BY PAYMENT OF BENEFITS OR INDEMNITIES FOR LOSSES IN CONNECTION WITH EXPORTATION, OR BY PAYMENTS TO PRODUCERS IN CONNECTION WITH THE PRODUCTION OF ANY AGRICULTURAL PRODUCTS REQUIRED FOR DOMESTIC CONSUMPTION; (2) TO ENCOURAGE THE DOMESTIC CONSUMPTION OF SUCH COMMODITIES OR PRODUCTS BY DIVERTING THEM, BY THE PAYMENT OF BENEFITS OR INDEMNITIES, OR BY OTHER MEANS, FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE, OR (3) TO FINANCE ADJUSTMENTS IN THE QUANTITY PLANTED OR PRODUCED FOR MARKET OF AGRICULTURAL COMMODITIES. THE ACT DOES NOT INSPECIFIC TERMS OR BY NECESSARY IMPLICATION AUTHORIZE THE SECRETARY OF AGRICULTURE TO PURCHASE SURPLUS AGRICULTURAL PRODUCTS FOR ANY PURPOSE WHATEVER. HE MAY PAY BENEFITS OR INDEMNITIES IN CONNECTION WITH EXPORTATION; HE MAY DIVERT SUCH PRODUCTS FROM THE NORMAL CHANNELS OF TRADE OR COMMERCE BY PAYMENT OF BENEFITS OR INDEMNITIES OR BY OTHER MEANS; HE MAY ENCOURAGE DOMESTIC CONSUMPTION OF SUCH PRODUCTS THROUGH THE METHODS PRESCRIBED BY THE STATUTE. THE SECRETARY IS NOT AUTHORIZED TO ACCOMPLISH SUCH CONSUMPTION BY THE OUTRIGHT PURCHASE AND FREE DISTRIBUTION OF THE PRODUCTS INVOLVED. THE REMOVAL OF AGRICULTURAL PRODUCTS FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE BY PURCHASE, MERELY FOR THE PURPOSE OF MAKING FREE DISTRIBUTION, WOULD IN NO SENSE OF THE WORD ACCOMPLISH THE MANIFEST PURPOSES OF THE ACT. ON THE CONTRARY, IT WOULD APPEAR THAT SUCH A PROGRAM WOULD DEFEAT SUCH PURPOSES. THE CLEAR INTENT OF THE STATUTE, INSOFAR AS DOMESTIC CONSUMPTION IS CONCERNED, IS TO CREATE AN INCREASED MARKET DEMAND BY THE DEVELOPMENT OF NEW OR ADDITIONAL USES OF THE PRODUCTS OR COMMODITIES. THAT IS TO SAY, TO INCREASE PURCHASES BY CONSUMERS TO THE ULTIMATE BENEFIT OF THE PRODUCER AND THE PERMANENT IMPROVEMENT OF TRADE CONDITIONS GENERALLY. IF THE GOVERNMENT SHOULD DONATE TO THE CONSUMER THE PRODUCTS INVOLVED TO BE CONSUMED THE SAME AS THEY WOULD BE CONSUMED IF PURCHASED BY THE CONSUMER, THERE WOULD, OF COURSE, BE NO ENCOURAGEMENT OF CONSUMPTION BY DIVERSION TO OTHER USES, THAT IS,"FROM THE NORMAL CHANNELS OF TRADE AND COMMERCE.'

A CAREFUL EXAMINATION OF THE STATUTE LEADS INEVITABLY TO THE CONCLUSION THAT IT DOES NOT AUTHORIZE THE DIRECT PURCHASE OF AGRICULTURAL PRODUCTS BY THE SECRETARY OF AGRICULTURE FOR ANY PURPOSE. THE PAYMENTS AUTHORIZED ARE PAYMENTS FOR THE BENEFIT OF THE PRODUCER AND NOT THE CONSUMER, AND UNDER THE PRINCIPLE OF EJUSDEM GENERIS, THE PHRASE "OR OTHER MEANS" MUST BE HELD TO HAVE REFERENCE TO MEANS SIMILAR TO THE PAYMENT OF BENEFITS OR INDEMNITIES TO THE PRODUCER OR EXPORTER AND NOT TO CONFER UNLIMITED DISCRETIONARY POWERS BEYOND THE SCOPE AND PURPOSE OF THE STATUTE AS DISCLOSED BY THE OTHER PROVISIONS THEREOF. HAD IT BEEN THE INTENT OF CONGRESS TO AUTHORIZE PURCHASES BY THE SECRETARY, DOUBTLESS SUCH AUTHORITY WOULD HAVE BEEN INCLUDED IN THE STATUTE IN SO MANY WORDS. SINCE NO SUCH AUTHORITY APPEARS, TO HOLD THERE IS SUCH AUTHORITY WOULD BE TO READ INTO THE STATUTE EXTRANEOUS PROVISIONS CLEARLY AT VARIANCE WITH ITS PURPOSE. THERE APPEARS NO AMBIGUITY IN THE PROVISIONS OF THE STATUTE AND UNDER THE FAMILIAR CANONS OF STATUTORY CONSTRUCTION IT IS ONLY WHERE THERE IS AMBIGUITY IN THE STATUTE ITSELF THAT REFERENCE MAY BE HAD TO COMMITTEE REPORTS TO CLARIFY ITS TERMS. THE PURPOSE AND INTENT OF THE STATUTE HERE UNDER CONSIDERATION, AS WELL AS ITS PHRASEOLOGY, ARE TOO CLEAR TO REQUIRE OR AUTHORIZE CONSIDERATION OF EXTRANEOUS MATTER IN ITS INTERPRETATION, AND THE SOMEWHAT INCIDENTAL STATEMENT IN THE COMMITTEE REPORT CITED BY YOU CAN BE GIVEN NO WEIGHT IN DETERMINATION OF THE QUESTION HERE INVOLVED.

THERE APPEARS NO LEGAL AUTHORITY FOR THE USE OF THE APPROPRIATION INVOLVED FOR THE PURCHASE OF AGRICULTURAL PRODUCTS FOR ANY PURPOSE AND IT FOLLOWS THAT THE APPROPRIATION WOULD NOT BE AVAILABLE FOR THE PAYMENT OF TRANSPORTATION OR OTHER EXPENSES INCIDENTAL TO SUCH PURCHASE.