A-87898, AUGUST 2, 1937, 17 COMP. GEN. 91

A-87898: Aug 2, 1937

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" IS AVAILABLE FOR PAYMENT FOR NECESSARY PRINTING AND BINDING INCIDENT TO SUCH PUBLICATION AND DISSEMINATION RATHER THAN THE GENERAL APPROPRIATION FOR PRINTING AND BINDING FOR THE DEPARTMENT OF COMMERCE. IS AS FOLLOWS: THE ACT OF JUNE 16. THERE WAS NO QUESTION IN THE MIND OF THE BUREAU THAT THIS LANGUAGE COVERED "PRINTING AND BINDING.'. THE GREEN SHEETS IN THE ESTIMATES DO NOT SHOW A DIRECT ESTIMATED EXPENDITURE FOR PRINTING BECAUSE IT WAS ASSUMED THAT THE DIVISION OF PUBLICATIONS WOULD HANDLE THE EXPENDITURES BY MEANS OF TRANSFERS AS NEEDED. THE STATEMENT IS DEFINITELY MADE THAT IT WAS THE INTENTION TO PAY FOR PRINTING OUT OF THE APPROPRIATION. FOLLOWING A DISCUSSION OF THE RESTRICTIONS ON THE REGULAR PRINTING FUND SENATOR COPELAND ASKED: "IS THERE AN ITEM IN HERE FOR PRINTING?

A-87898, AUGUST 2, 1937, 17 COMP. GEN. 91

PRINTING AND BINDING - APPROPRIATION AVAILABILITY - GENERAL VERSUS SPECIFIC THE APPROPRIATION FOR THE "INVESTIGATION OF BUILDING MATERIALS" BY THE BUREAU OF STANDARDS, PROVIDING FOR "THE PUBLICATION AND DISSEMINATION OF THE RESULTS THEREOF," IS AVAILABLE FOR PAYMENT FOR NECESSARY PRINTING AND BINDING INCIDENT TO SUCH PUBLICATION AND DISSEMINATION RATHER THAN THE GENERAL APPROPRIATION FOR PRINTING AND BINDING FOR THE DEPARTMENT OF COMMERCE.

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

YOUR LETTER OF JULY 22, 1937, IS AS FOLLOWS:

THE ACT OF JUNE 16, 1937 (PUBLIC, NO. 153, 75TH CONGRESS), MAKING APPROPRIATIONS FOR THE DEPARTMENT OF COMMERCE (BUREAU OF STANDARDS), FOR THE FISCAL YEAR ENDING JUNE 30, 1938, CONTAINS THE FOLLOWING PROVISION ON PAGE 33:

"INVESTIGATION OF BUILDING MATERIALS: FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE AND ALL OTHER NECESSARY EXPENSES FOR THE FIRST YEAR OF A TWO-YEAR STUDY OF THE PROPERTIES AND SUITABILITY OF BUILDING MATERIALS, WITH PARTICULAR REFERENCE TO THEIR USE IN LOW-COST HOUSING, INCLUDING THE CONSTRUCTION OF SUCH EXPERIMENTAL STRUCTURES AS MAY BE NECESSARY FOR THIS PURPOSE; AND THE PUBLICATION AND DISSEMINATION OF THE RESULTS THEREOF, $198,000: PROVIDED, THAT NO PART OF THIS SUM SHALL BE USED TO DUPLICATE ANY WORK NOW BEING PERFORMED BY THE FOREST PRODUCTS LABORATORY OF THE DEPARTMENT OF AGRICULTURE.'

THE QUESTION HAS ARISEN WHETHER ANY PART OF THE ABOVE APPROPRIATION CAN BE USED FOR PRINTING AND BINDING. IN THIS CONNECTION THE BUREAU OF STANDARDS STATES:

"THE APPROPRIATION PROVIDES FOR "* * * THE PUBLICATION AND THE DISSEMINATION OF THE RESULTS THEREOF * * *," AND IN THE COURSE OF THE HEARINGS BEFORE THE BUREAU OF THE BUDGET, AND THE HOUSE AND SENATE COMMITTEES, THERE WAS NO QUESTION IN THE MIND OF THE BUREAU THAT THIS LANGUAGE COVERED "PRINTING AND BINDING.' THE BREAK-DOWN OF THIS FUND, AS SHOWN ON PAGE 166 OF THE HOUSE HEARINGS, SHOWS AN ITEM OF "ADMINISTRATIVE, INFORMATION, AND PUBLICATIONS, $24,000.' THE GREEN SHEETS IN THE ESTIMATES DO NOT SHOW A DIRECT ESTIMATED EXPENDITURE FOR PRINTING BECAUSE IT WAS ASSUMED THAT THE DIVISION OF PUBLICATIONS WOULD HANDLE THE EXPENDITURES BY MEANS OF TRANSFERS AS NEEDED.

"IN THE SENATE HEARINGS, PAGE 159, THE STATEMENT IS DEFINITELY MADE THAT IT WAS THE INTENTION TO PAY FOR PRINTING OUT OF THE APPROPRIATION. FOLLOWING A DISCUSSION OF THE RESTRICTIONS ON THE REGULAR PRINTING FUND SENATOR COPELAND ASKED:

"IS THERE AN ITEM IN HERE FOR PRINTING?

"DR. BRIGGS. YES, SIR. THE BUREAU OF THE BUDGET HAVE AGREED TO INCLUDE THAT.

"SENATOR COPELAND. WHERE IS THAT?

"DR. BRIGGS. PAGE 74, LINES 5 AND 6. THEY HAVE INCLUDED "PUBLICATION AND DISSEMINATION OF RESULTS.'

"INABILITY TO USE ANY OF THIS APPROPRIATION FOR "PRINTING" OR "PUBLICATION AND DISSEMINATION OF RESULTS," AS USED BY THE BUREAU, WOULD RENDER INOPERATIVE THE WISHES OF CONGRESS IN MAKING THE APPROPRIATION AND DEFEAT THE PURPOSE OF THE ACT. THE FUND IS SUPPLEMENTAL TO THE BUREAU'S REGULAR FUNDS, AND AS STATED IN THE ACT IS FOR THE FIRST YEAR OF A TWO- YEAR STUDY OF THE PROBLEMS INVOLVED. ACCORDINGLY, NO PROVISION WAS MADE IN THE REGULAR PRINTING FUND OF THE DEPARTMENT TO CARRY THE EXTRA EXPENSE.'

YOUR EARLY DECISION IS REQUESTED AS TO WHETHER ANY PART OF THE ABOVE- QUOTED APPROPRIATION MAY BE USED FOR PRINTING AND BINDING.

IT IS UNDERSTOOD THAT YOUR SUBMISSION RELATES ONLY TO SUCH PRINTING AND BINDING AS MAY BE INCIDENT TO THE PUBLICATION AND DISSEMINATION OF THE RESULTS OF THE STUDY PROVIDED FOR, AND THAT SUCH PRINTING AND BINDING AS MAY BE NECESSARY IN CONNECTION THEREWITH WILL BE DONE AT THE GOVERNMENT PRINTING OFFICE OR BY PERMISSION OF THE PUBLIC PRINTER THROUGH PRIVATE CONTRACTS, THE ONLY QUESTION BEING AS TO WHETHER THE APPROPRIATION ITEM QUOTED IN YOUR LETTER, RATHER THAN THE GENERAL APPROPRIATION ITEM IN THE SAME ACT FOR ALL PRINTING AND BINDING OF THE BUREAUS OF THE DEPARTMENT OF COMMERCE EXCEPT THE PATENT OFFICE IS AVAILABLE THEREFOR.

IN DECISION OF MAY 5, 1937, A-84106, TO THE SECRETARY OF AGRICULTURE, IT WAS STATED AS FOLLOWS:

THE FACT THAT THE TAGS AND CERTIFICATES CONSTITUTE PRINTING WHICH MUST EITHER BE DONE AT THE GOVERNMENT PRINTING OFFICE OR BY PERMISSION OF THE PUBLIC PRINTER THROUGH PRIVATE CONTRACTS, IN ACCORDANCE WITH THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND ACT OF JULY 8, 1935, 49 STAT. 475, WOULD NOT NECESSARILY REQUIRE THAT THEIR COST BE CHARGED TO THE PRINTING AND BINDING APPROPRIATION FOR THE DEPARTMENT IF IT IS AFFIRMATIVELY SHOWN THAT THE ESTIMATES FOR THE APPROPRIATION FOR THE BUREAU OF ANIMAL INDUSTRY WERE BASED UPON THE INCLUSION OF SUCH COSTS, BUT STEPS SHOULD BE TAKEN TO HAVE THE LANGUAGE IN THE NEXT APPROPRIATION ACT SO WORDED AS TO LEAVE NO DOUBT WHAT WAS INTENDED THEREBY OR TO HAVE THE ESTIMATE FOR PRINTING FOR THE DEPARTMENT INCLUDE THE PRINTING REQUIRED FOR THE BUREAU OF ANIMAL INDUSTRY.

IN VIEW OF THE FACTS AND CIRCUMSTANCES APPEARING, I HAVE TO ADVISE THAT THE APPROPRIATION QUOTED IN YOUR LETTER, WHICH PROVIDES SPECIFICALLY FOR THE PUBLICATION AND DISSEMINATION OF THE RESULTS OF THE STUDY, IS AVAILABLE FOR THE NECESSARY PRINTING AND BINDING INCIDENT THERETO.