A-80212, OCTOBER 5, 1936, 16 COMP. GEN. 333

A-80212: Oct 5, 1936

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DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN - ADMINISTRATIVE EXPENSES LEGAL EXPENSES INCURRED BY THE DEPARTMENT OF JUSTICE IN CONNECTION WITH THE ACQUISITION OF LAND BY THE UNITED STATES APPEARING TO BE NORMAL ADMINISTRATIVE EXPENSES FOR WHICH FUNDS ARE ANNUALLY APPROPRIATED BY THE CONGRESS. THERE IS NO AUTHORITY UNDER SECTION 601 OF THE ACT OF JUNE 30. AS FOLLOWS: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 24. " WAS AN ERROR AND SHOULD BE STRICKEN OUT AND DISREGARDED. THE FUNDS IN QUESTION WERE TRANSFERRED TO THE DEPARTMENT OF JUSTICE IN ACCORDANCE WITH SECTION 601 OF PUBLIC. CONTEMPLATES THE PERFORMANCE OF SERVICES OR THE PROCUREMENT OF SUPPLIES BY ONE AGENCY OF THE GOVERNMENT FOR ANOTHER IF THE FUNDS PROPOSED TO BE CHARGED ARE AVAILABLE THEREFOR AND THE PERFORMANCE OR THE PROCUREMENT IS A NORMAL FUNCTION OF THE PERFORMING OR PROCURING AGENCY.

A-80212, OCTOBER 5, 1936, 16 COMP. GEN. 333

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN - ADMINISTRATIVE EXPENSES LEGAL EXPENSES INCURRED BY THE DEPARTMENT OF JUSTICE IN CONNECTION WITH THE ACQUISITION OF LAND BY THE UNITED STATES APPEARING TO BE NORMAL ADMINISTRATIVE EXPENSES FOR WHICH FUNDS ARE ANNUALLY APPROPRIATED BY THE CONGRESS, THERE IS NO AUTHORITY UNDER SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, FOR THE TRANSFER OF WAR DEPARTMENT FUNDS TO THE DEPARTMENT OF JUSTICE TO REIMBURSE IT FOR EXPENSES INCURRED IN CONNECTION WITH THE ACQUISITION OF LAND FOR VARIOUS WAR DEPARTMENT PROJECTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ATTORNEY GENERAL, OCTOBER 5, 1936:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 28, 1936, WZB ZS, AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 24, 1936 (A-80212), IN REPLY TO MY LETTER OF AUGUST 8, 1936, REQUESTING A TITLE AND SYMBOL NUMBER TO SET UP THE $165,000 ADVANCED THE DEPARTMENT OF JUSTICE BY THE CHIEF OF ENGINEERS, CHECK NO. 23048, DATED AUGUST 6, 1936, DRAWN ON THE TREASURER OF THE UNITED STATES BY T. D. STAMPS, MAJOR, CORPS OF ENGINEERS, U.S.A., OVER SYMBOL NO. 230-585, TO BE USED ONLY FOR LEGAL EXPENSES IN CONNECTION WITH THE ACQUISITION OF LAND BEING ACQUIRED BY THE UNITED STATES FOR VARIOUS PROJECTS CARRIED ON BY THE WAR DEPARTMENT.

THE STATEMENT IN MY LETTER OF AUGUST 8, 1936,"BY REASON OF THE ENACTMENT OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935," WAS AN ERROR AND SHOULD BE STRICKEN OUT AND DISREGARDED.

THE FUNDS IN QUESTION WERE TRANSFERRED TO THE DEPARTMENT OF JUSTICE IN ACCORDANCE WITH SECTION 601 OF PUBLIC, 212, TITLE VI, SEVENTY SECOND CONGRESS.

THERE APPEARS TO BE NOTHING IN THE PRESENT LETTER WHICH WOULD INDICATE ANY PROPER BASIS FOR THE USE OF THE FUNDS IN QUESTION FOR THE ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF JUSTICE.

SECTION 601 OF THE ECONOMY ACT OF JUNE 30, 1932 (47 STAT. 417), CONTEMPLATES THE PERFORMANCE OF SERVICES OR THE PROCUREMENT OF SUPPLIES BY ONE AGENCY OF THE GOVERNMENT FOR ANOTHER IF THE FUNDS PROPOSED TO BE CHARGED ARE AVAILABLE THEREFOR AND THE PERFORMANCE OR THE PROCUREMENT IS A NORMAL FUNCTION OF THE PERFORMING OR PROCURING AGENCY. THE ONLY STATEMENT MADE WITH RESPECT TO THE ADVANCE IN THE PRESENT CASE IS THAT THE FUNDS ARE "TO BE USED ONLY FOR LEGAL EXPENSES IN CONNECTION WITH THE ACQUISITION OF LAND BEING ACQUIRED BY THE UNITED STATES FOR VARIOUS PROJECTS CARRIED ON BY THE WAR DEPARTMENT.' THIS WOULD INDICATE THAT THE EXPENSES TO BE CHARGED AGAINST THE FUNDS ARE NORMAL ADMINISTRATIVE EXPENSES INCURRED BY THE DEPARTMENT OF JUSTICE IN CONNECTION WITH LAND ACQUISITIONS BY THE WAR DEPARTMENT, OR THE ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF JUSTICE FOR WHICH CONGRESS ANNUALLY APPROPRIATES FUNDS THEREFOR.

ASIDE FROM THE FACT THAT APPROPRIATIONS OF THE WAR DEPARTMENT ARE NOT AVAILABLE FOR THE PAYMENT OF REGULAR ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF JUSTICE, THERE WOULD APPEAR NO AUTHORITY OF LAW FOR INCREASING BEYOND THE AMOUNT APPROPRIATED BY LAW THE APPROPRIATIONS MADE BY THE CONGRESS FOR THE ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF JUSTICE.

ACCORDINGLY, I HAVE TO ADVISE THAT ON THE PRESENT RECORD THE USE OF THE FUNDS AS PROPOSED IS NOT AUTHORIZED.