A-72846, OCTOBER 15, 1936, 16 COMP. GEN. 380

A-72846: Oct 15, 1936

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FOR EMERGENCY CONSERVATION WORK ARE NOT AVAILABLE FOR THE PURCHASE OF FEDERAL PRISON-MADE GOODS. IS EQUALLY APPLICABLE TO FUNDS MADE AVAILABLE FOR SUCH WORK UNDER THE FIRST DEFICIENCY APPROPRIATION ACT. AS FOLLOWS: REFERENCE IS MADE TO YOUR DECISION A-72846. WHEREIN IT WAS HELD THAT THE PURCHASE OF ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS FROM THE APPROPRIATION MADE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8. FUNDS FOR THE OPERATION OF THE EMERGENCY CONSERVATION WORK WERE ALLOCATED FROM THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8. NECESSARY INSTRUCTIONS WERE ISSUED RELATIVE TO THE PROCUREMENT THEREFROM OF ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS.

A-72846, OCTOBER 15, 1936, 16 COMP. GEN. 380

PURCHASES - FEDERAL PRISON-MADE GOODS - EMERGENCY CONSERVATION WORK FUNDS THE HOLDING IN DECISION A-72846 OF APRIL 14, 1936, THAT MONEYS MADE AVAILABLE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, FOR EMERGENCY CONSERVATION WORK ARE NOT AVAILABLE FOR THE PURCHASE OF FEDERAL PRISON-MADE GOODS, IS EQUALLY APPLICABLE TO FUNDS MADE AVAILABLE FOR SUCH WORK UNDER THE FIRST DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1936, APPROVED JUNE 22, 1936.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, OCTOBER 15, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 28, 1936, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION A-72846, DATED APRIL 14, 1936, WHEREIN IT WAS HELD THAT THE PURCHASE OF ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS FROM THE APPROPRIATION MADE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, WOULD BE CONTRARY TO THE MAJOR PURPOSE OF THE STATUTE "TO PROVIDE RELIEF, WORK RELIEF, AND TO INCREASE EMPLOYMENT BY PROVIDING FOR USEFUL PROJECTS.'

FOR THE PERIOD APRIL 1, 1935 TO JUNE 30, 1936, FUNDS FOR THE OPERATION OF THE EMERGENCY CONSERVATION WORK WERE ALLOCATED FROM THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, AND NECESSARY INSTRUCTIONS WERE ISSUED RELATIVE TO THE PROCUREMENT THEREFROM OF ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS.

AN APPROPRIATION FOR THE EMERGENCY CONSERVATION WORK DURING THE PERIOD JULY 1, 1936 TO MARCH 31, 1937, IS CONTAINED IN THE FIRST DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1936, APPROVED JUNE 22, 1936.

YOUR DECISION OF APRIL 14, 1936, ABOVE NOTED, HAD SPECIFIC REFERENCE TO THE PROVISIONS OF THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, AND APPLIED TO THE EMERGENCY CONSERVATION WORK BY REASON OF THE FACT THAT FUNDS FOR THE OPERATION THEREOF WERE ALLOCATED FROM THE SAID EMERGENCY RELIEF APPROPRIATION ACT. SINCE THE WORK IS NOW BEING CARRIED ON UNDER THE APPROPRIATION FOR "EMERGENCY CONSERVATION WORK" CONTAINED IN THE FIRST DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1936, CITED ABOVE, DECISION IS REQUESTED WHETHER YOUR DECISION OF APRIL 14, 1936, ABOVE REFERRED TO, APPLIES TO THE WORK BEING CARRIED ON UNDER THIS LATER APPROPRIATION.

WHAT WAS SAID IN DECISION OF THIS OFFICE OF APRIL 14, 1936, A-72846, WITH REFERENCE TO THE PURCHASE OF ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS WHERE PAYMENT THEREFOR IS TO BE MADE FROM MONEYS MADE AVAILABLE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, IS EQUALLY APPLICABLE TO FUNDS MADE AVAILABLE FOR EMERGENCY CONSERVATION WORK UNDER THE ACT OF JUNE 22, 1936. SEE IN THIS CONNECTION DECISION OF JULY 3, 1936, 16 COMP. GEN. 5. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.