A-87896, AUGUST 2, 1937, 17 COMP. GEN. 89

A-87896: Aug 2, 1937

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THE USE OF THE DEFICIENCY APPROPRIATION FOR PAYMENT OF TRAVELING EXPENSES IN THE FISCAL YEAR 1937 IS NOT OBJECTIONABLE. IS AS FOLLOWS: "REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH CULTURAL STATION: FOR REMOVAL OF THE FISH CULTURAL STATION ON THE LITTLE WHITE SALMON RIVER IN THE STATE OF WASHINGTON AND ITS REESTABLISHMENT ELSEWHERE IN SAID STATE. 500 WAS INCLUDED IN THE ESTIMATE FOR THAT PURPOSE. " WHICH WAS MADE UP OF ESTIMATES FOR TRAVELING EXPENSES INCLUDED IN THE ESTIMATES OF VARIOUS APPROPRIATIONS OF THE DEPARTMENT OF COMMERCE INCLUDED IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT. FOR INFORMATION IN THIS CONNECTION YOUR ATTENTION IS INVITED TO PAGES 28 AND 29 OF HOUSE REPORT NO. 433.

A-87896, AUGUST 2, 1937, 17 COMP. GEN. 89

TRAVELING EXPENSES - APPROPRIATION AVAILABILITY - GENERAL VERSUS SPECIFIC THE SPECIFIC PROVISIONS OF THE CONSOLIDATED APPROPRIATION FOR "ALL NECESSARY TRAVELING EXPENSES UNDER THE DEPARTMENT OF COMMERCE" DURING THE FISCAL YEAR 1938--- EXCEPTING CERTAIN TRAVEL FOR THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE--- PRECLUDE THE PAYMENT OF SUCH EXPENSES DURING THE FISCAL YEAR 1938 FROM THE DEFICIENCY APPROPRIATION FOR "REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH CULTURAL STATION" CONTAINED IN THE ACT OF MAY 28, 1937, 5O STAT. 220, WHICH CONTAINS NO PROVISION FOR TRAVELING EXPENSES, BUT THE USE OF THE DEFICIENCY APPROPRIATION FOR PAYMENT OF TRAVELING EXPENSES IN THE FISCAL YEAR 1937 IS NOT OBJECTIONABLE, THERE HAVING BEEN NO APPROPRIATION FOR 1937 COMPARABLE TO THE CONSOLIDATED APPROPRIATION FOR 1938.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, AUGUST 2, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 21, 1937, AS FOLLOWS:

THE SECOND DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1937, APPROVED MAY 28, 1937 (PUBLIC, NO. 121, 75TH CONGRESS), APPROPRIATED $60,000 FOR "REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH CULTURAL STATION.' THE LANGUAGE OF THIS APPROPRIATION, WHICH APPEARS ON PAGE 8 OF SAID ACT, IS AS FOLLOWS:

"REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH CULTURAL STATION: FOR REMOVAL OF THE FISH CULTURAL STATION ON THE LITTLE WHITE SALMON RIVER IN THE STATE OF WASHINGTON AND ITS REESTABLISHMENT ELSEWHERE IN SAID STATE, INCLUDING PURCHASE OF SITE (NOT TO EXCEED $6,000), BUILDING MATERIALS, AND EQUIPMENT; TEMPORARY LABOR; CONSTRUCTION OF BUILDINGS, REARING PONDS, WATER-SUPPLY SYSTEM, AND OTHER FISH-CULTURAL FACILITIES, AND ALL OTHER NECESSARY EXPENSES, FISCAL YEAR 1937, $60,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1938.'

ALTHOUGH THE APPROPRIATION DOES NOT SPECIFICALLY PROVIDE FOR TRAVELING EXPENSES, IN SUBMITTING THE ESTIMATE TO THE BUREAU OF THE BUDGET $1,500 WAS INCLUDED IN THE ESTIMATE FOR THAT PURPOSE.

THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1938, APPROVED JUNE 16, 1937 (PUBLIC, NO. 153, 75TH CONGRESS), CONTAINS A NEW APPROPRIATION ITEM ENTITLED,"TRAVELING EXPENSES," WHICH WAS MADE UP OF ESTIMATES FOR TRAVELING EXPENSES INCLUDED IN THE ESTIMATES OF VARIOUS APPROPRIATIONS OF THE DEPARTMENT OF COMMERCE INCLUDED IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1938. FOR INFORMATION IN THIS CONNECTION YOUR ATTENTION IS INVITED TO PAGES 28 AND 29 OF HOUSE REPORT NO. 433, SUBMITTED BY MR. MCMILLAN, FROM THE COMMITTEE ON APPROPRIATIONS, TO ACCOMPANY H.R. 5779. IT WILL BE NOTED THAT IN ARRIVING AT THE TOTAL FOR "TRAVELING EXPENSES" THE BUREAU'S ESTIMATE FOR TRAVEL INCLUDED IN THE ESTIMATE FOR "REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH CULTURAL STATION," WAS NOT CONSIDERED BY THE COMMITTEE.

THE LANGUAGE OF THIS NEW APPROPRIATION APPEARS ON PAGES 25 AND 26 OF SAID ACT, AS FOLLOWS:

"TRAVELING EXPENSES: FOR ALL NECESSARY TRAVELING EXPENSES UNDER THE DEPARTMENT OF COMMERCE, INCLUDING ALL BUREAUS AND DIVISIONS THEREUNDER, AND TRAVELING EXPENSES FOR THE EXAMINATIONS AUTHORIZED BY THE ACT ENTITLED "AN ACT TO PROVIDE FOR RETIREMENT FOR DISABILITY IN THE LIGHTHOUSE SERVICE," APPROVED MARCH 4, 1925 (U.S.C., TITLE 33, SEC. 765), BUT NOT INCLUDING TRAVEL PROPERLY CHARGEABLE TO THE APPROPRIATION HEREIN FOR "TRANSPORTATION OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES AND ALLOWANCES FOR LIVING QUARTERS," BUREAU OF FOREIGN AND DOMESTIC COMMERCE, $959,000.'

IT APPEARS OBVIOUS THAT THE APPROPRIATION FOR "REMOVAL AND REESTABLISHMENT OF LITTLE WHITE SALMON FISH CULTURAL STATION," CONTAINED IN THE SECOND DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1937, APPROVED MAY 28, 1937, WAS AVAILABLE FOR TRAVELING EXPENSES CERTAINLY UNTIL JULY 1, 1937, WHEN THE APPROPRIATION FOR "TRAVELING EXPENSES" CONTAINED IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1938, BECAME AVAILABLE FOR EXPENDITURE.

THE QUESTION PRESENTED IS WHETHER OR NOT THE APPROPRIATION FOR "REMOVAL AND REESTABLISHMENT OF LITTLE WHITE SALMON FISH CULTURAL STATION," IS NOW AVAILABLE FOR TRAVELING EXPENSES. IN OTHER WORDS, WAS THE AVAILABILITY OF THIS APPROPRIATION FOR TRAVELING EXPENSES AFFECTED BY THE APPROPRIATION FOR "TRAVELING EXPENSES" ABOVE QUOTED?

YOUR PROMPT DECISION ON THIS QUESTION IS RESPECTFULLY REQUESTED.

WHILE APPROPRIATIONS MADE IN GENERAL TERMS FOR THE ACCOMPLISHMENT OF SOME PARTICULAR PURPOSES ARE GENERALLY CONSTRUED AS AVAILABLE FOR SUCH EXPENSES AS ARE REASONABLY INCIDENT TO ACCOMPLISH THE SAID PURPOSES, IT HAS BEEN REPEATEDLY HELD ALSO BY THIS OFFICE THAT APPROPRIATIONS FOR SPECIFIC OBJECTS OR ACTIVITIES MAY NOT BE USED FOR TRAVEL EXPENSES UNLESS THE APPROPRIATION SPECIFICALLY, OR BY NECESSARY IMPLICATION, AUTHORIZES SUCH EXPENSES. A-10428, JULY 28, 1925; A 26712, APRIL 26, 1929; 5 COMP. GEN. 281; 6 ID. 318; 8 ID. 355.

WITH RESPECT TO THE PRESENT MATTER, SINCE THE CONSOLIDATED APPROPRIATION FOR TRAVEL EXPENSES FOR THE WHOLE DEPARTMENT WAS NOT IN EFFECT DURING THE FISCAL YEAR 1937, AND THE APPROPRIATION OF $60,000 IN THE SECOND DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1937, APPROVED MAY 28, 1937, PUBLIC, NO. 121, SEVENTY-FIFTH CONGRESS, FOR THE REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH-CULTURAL STATION IN THE STATE OF WASHINGTON WAS MADE TO MEETA CONTINGENCY WHICH APPARENTLY AROSE SUBSEQUENT TO THE ENACTMENT OF MAY 15, 1936, 49 STAT. 1342, MAKING APPROPRIATIONS FOR THE BUREAU OF FISHERIES FOR THE FISCAL YEAR 1937, THE USE OF SAID APPROPRIATION FOR TRAVELING EXPENSES DURING THE FISCAL YEAR 1937 NEED NOT BE CONSIDERED AS NECESSARILY OBJECTIONABLE. HOWEVER, NO AUTHORITY FOR SUCH USE EXISTS FOR THE FISCAL YEAR 1938.

IN THE CONSOLIDATED TRAVELING EXPENSES APPROPRIATION QUOTED IN YOUR LETTER IT IS PROVIDED THAT SAID APPROPRIATION WAS TO COVER "ALL NECESSARY TRAVELING EXPENSES UNDER THE DEPARTMENT OF COMMERCE, INCLUDING ALL BUREAUS AND DIVISIONS THEREUNDER," WITH THE EXCEPTION OF TRAVEL UNDER THE APPROPRIATION FOR THE TRANSPORTATION OF FAMILIES AND EFFECTS OF OFFICERS AND EMPLOYEES. THE PURPOSE APPARENTLY INTENDED TO BE ACCOMPLISHED BY THE CONGRESS WITH RESPECT TO THIS TRAVELING EXPENSES CONSOLIDATED APPROPRIATION WAS THAT IT SHOULD COVER ALL TRAVELING EXPENSES UNDER ALL THE ACTIVITIES OF THE DEPARTMENT, EXCEPT AS TO SPECIFIC EXEMPTIONS, AND SAID APPROPRIATION MUST BE GIVEN EFFECT ACCORDINGLY. THEREFORE, IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED, I HAVE TO ADVISE THAT THE APPROPRIATION MADE IN THE SECOND DEFICIENCY APPROPRIATION ACT OF MAY 28, 1937, SUPRA, FOR THE REMOVAL AND REESTABLISHMENT OF THE LITTLE WHITE SALMON FISH-CULTURAL STATION IS NOT AVAILABLE FOR TRAVELING EXPENSES DURING THE FISCAL YEAR 1938.