A-88521, AUGUST 28, 1937, 17 COMP. GEN. 194

A-88521: Aug 28, 1937

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ARE APPLICABLE TO APPROPRIATIONS MADE TO CARRY OUT THE PROVISIONS OF THE ACT OF JUNE 28. AS FOLLOWS: "A DECISION IS REQUESTED AS TO THE AVAILABILITY OF THE APPROPRIATION. FUNDS HAVE BEEN ALLOCATED TO THIS DEPARTMENT. IT WAS HELD THAT FUNDS ALLOCATED UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935. THE MAKING OF SUCH PURCHASES WAS HELD TO BE OUT OF LINE WITH THE PURPOSES FOR WHICH THE SAID APPROPRIATION WAS MADE. WAS FURTHER RULED NOT TO BE NECESSARY TO OBTAIN A CERTIFICATE OF CLEARANCE FROM THE FEDERAL PRISON INDUSTRIES. SUCH AS WERE PRODUCED BY THE RESPECTIVE FEDERAL PENITENTIARIES. "THAT THERE IS HEREBY ESTABLISHED THE CIVILIAN CONSERVATION CORPS. FOR YOUTHFUL CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED AND IN NEED OF EMPLOYMENT.

A-88521, AUGUST 28, 1937, 17 COMP. GEN. 194

FEDERAL PRISON-MADE GOODS - PURCHASES FROM APPROPRIATIONS FOR CIVILIAN CONSERVATION CORPS THE PROVISIONS OF THE ACT OF MAY 27, 1930, 46 STAT. 391, REQUIRING THE SEVERAL FEDERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO PURCHASE PRODUCTS OF FEDERAL PRISONS, ARE APPLICABLE TO APPROPRIATIONS MADE TO CARRY OUT THE PROVISIONS OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, ESTABLISHING THE CIVILIAN CONSERVATION CORPS. DECISION, 15 COMP. GEN. 542, RELATIVE TO FUNDS ALLOTTED FOR EMERGENCY CONSERVATION WORK FROM THE APPROPRIATION MADE BY THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, NOT FOR APPLICATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, AUGUST 28, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 20, 1937, AS FOLLOWS:

"A DECISION IS REQUESTED AS TO THE AVAILABILITY OF THE APPROPRIATION, "21 -7080100 CIVILIAN CONSERVATION CORPS (TRANSFER TO WAR) 1938," FOR THE PROCUREMENT OF PRISON-MANUFACTURED ARTICLES AS NOW FURNISHED BY THE FEDERAL PRISON INDUSTRIES, INCORPORATED, UNDER AUTHORITY OF THE ACTS OF CONGRESS APPROVED MAY 27, 1930, AND JUNE 23, 1934, AND EXECUTIVE ORDER NO. 6917 OF DECEMBER 11, 1934.

HERETOFORE, FUNDS HAVE BEEN ALLOCATED TO THIS DEPARTMENT, FOR THE PURPOSE OF CARRYING ON EMERGENCY CONSERVATION WORK, FROM THE EMERGENCY RELIEF APPROPRIATION ACT, APRIL 8, 1935, MAKING AVAILABLE FUNDS "TO PROVIDE RELIEF, WORK RELIEF, AND TO INCREASE EMPLOYMENT BY PROVIDING FOR USEFUL PROJECTS.'

IN DECISION (A-67190), (A-67191) OF DECEMBER 19, 1935, 15 C.G., PAGE 542, IT WAS HELD THAT FUNDS ALLOCATED UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, IF USED TO PURCHASE ARTICLES AND SUPPLIES MANUFACTURED IN FEDERAL PRISONS, WOULD PROVIDE EMPLOYMENT FOR THE INMATES THEREOF, BUT WOULD NEITHER PROVIDE WORK, RELIEF NOR INCREASE EMPLOYMENT--- THE MAJOR PURPOSE OF THE STATUTE--- NOR BE IN HARMONY WITH THE PROVISIONS OF SECTION 8 OF THE SAID ACT AS TO TAKING ADVANTAGE OF THE FACILITIES OF PRIVATE ENTERPRISES. THEREFORE, THE MAKING OF SUCH PURCHASES WAS HELD TO BE OUT OF LINE WITH THE PURPOSES FOR WHICH THE SAID APPROPRIATION WAS MADE. WAS FURTHER RULED NOT TO BE NECESSARY TO OBTAIN A CERTIFICATE OF CLEARANCE FROM THE FEDERAL PRISON INDUSTRIES, INCORPORATED, PRIOR TO MAKING PURCHASES OF ARTICLES, SUCH AS WERE PRODUCED BY THE RESPECTIVE FEDERAL PENITENTIARIES.

THE ACT TO ESTABLISH THE CIVILIAN CONSERVATION CORPS, AND FOR OTHER PURPOSES, APPROVED JUNE 28, 1937, PROVIDES,"THAT THERE IS HEREBY ESTABLISHED THE CIVILIAN CONSERVATION CORPS, HEREINAFTER CALLED THE CORPS, FOR THE PURPOSE OF PROVIDING EMPLOYMENT, AS WELL AS VOCATIONAL TRAINING, FOR YOUTHFUL CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED AND IN NEED OF EMPLOYMENT, AND TO A LIMITED EXTENT AS HEREINAFTER SET OUT, FOR WAR VETERANS AND INDIANS, THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK IN CONNECTION WITH THE CONSERVATION AND DEVELOPMENT OF THE NATURAL RESOURCES OF THE UNITED STATES, ITS TERRITORIES, AND INSULAR POSSESSIONS.'

YOUR EARLY CONSIDERATION AS TO WHETHER THE CURRENT APPROPRIATION, "21- 7080100 CIVILIAN CONSERVATION CORPS (TRANSFER TO WAR) 1938," OR ANY SUBSEQUENT APPROPRIATIONS WHICH MAY BE MADE TO CARRY OUT THE PROVISIONS OF THE ACT TO ESTABLISH THE CIVILIAN CONSERVATION CORPS, AND FOR OTHER PURPOSES, APPROVED JUNE 28, 1937, WILL BE AVAILABLE FOR THE PROCUREMENT OF ARTICLES MANUFACTURED BY FEDERAL OR OTHER PRISONS IS RESPECTFULLY REQUESTED.

THE ACT OF JUNE 28, 1937, PROVIDES IN SECTION 14 THAT THE DIRECTOR OF THE CIVILIAN CONSERVATION CORPS MAY AUTHORIZE THE EXPENDITURE OF SUCH AMOUNTS AS HE MAY DEEM NECESSARY FOR SUPPLIES, MATERIALS, AND EQUIPMENT FOR ENROLLEES TO BE USED IN CONNECTION WITH THEIR WORK, AND IN SECTION 11 THE CHIEF OF FINANCE, WAR DEPARTMENT, IS "DESIGNATED, EMPOWERED, AND DIRECTED, UNTIL OTHERWISE ORDERED BY THE PRESIDENT, TO ACT AS THE FISCAL AGENT TO THE DIRECTOR IN CARRYING OUT THE PROVISIONS OF THIS ACT.' IN VIEW OF THESE PROVISIONS OF LAW, THE MATTER INVOLVED IN YOUR SUBMISSION WOULD APPEAR TO BE PRIMARILY FOR PRESENTATION EITHER BY THE DIRECTOR OR BY THE FISCAL AGENT. HOWEVER, IT APPEARS THAT THE ACT PROVIDES, ALSO, UNDER SECTION 12, THAT THE PRESIDENT MAY UTILIZE THE SERVICES AND FACILITIES OF SUCH DEPARTMENTS OR AGENCIES OF THE GOVERNMENT AS HE MAY DEEM NECESSARY FOR CARRYING OUT THE PURPOSES OF THE ACT, AND IT MAY BE ASSUMED YOUR DEPARTMENT IS ONE SO SELECTED BY THE PRESIDENT, PARTICULARLY WITH RESPECT TO THE MAINTENANCE AND OPERATION OF CAMPS FOR INDIANS AUTHORIZED UNDER SECTION 7 OF THE ACT, AND THAT YOU REQUEST DECISION FOR YOUR GUIDANCE IN THE EXPENDITURE OF FUNDS ALLOTTED TO YOUR DEPARTMENT UNDER THE APPROPRIATION IN QUESTION. YOUR SUBMISSION WILL BE CONSIDERED ACCORDINGLY.

THE DECISION REFERRED TO IN YOUR LETTER RELATED SPECIFICALLY TO EMERGENCY RELIEF FUNDS UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, 49 STAT. 115, AND THE HOLDING THEREIN IS NOT FOR APPLICATION IN THE CONSIDERATION OF APPROPRIATIONS FOR REGULAR ACTIVITIES OF THE GOVERNMENT.

THE CIVILIAN CONSERVATION CORPS ESTABLISHED BY THE ACT OF JUNE 28, 1937,"FOR THE PURPOSE OF PROVIDING EMPLOYMENT, AS WELL AS VOCATIONAL TRAINING, FOR YOUTHFUL CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED AND IN NEED OF EMPLOYMENT," IS APPARENTLY TO BE CONSIDERED AS SUCCESSOR TO THE AGENCY HERETOFORE KNOWN AS THE EMERGENCY CONSERVATION WORK ESTABLISHED UNDER THE ACT OF MARCH 31, 1933, 48 STAT. 22, AS EXTENDED, AND WHILE UNDER SECTION 4 OF SAID ACT OF JUNE 28, 1937, FUNDS OF THE FORMER AGENCY ARE TRANSFERRED TO THE CORPS, SUCH TRANSFERRED FUNDS ARE ONLY FOR THE PURPOSE OF LIQUIDATING OBLIGATIONS INCURRED PRIOR TO JULY 1, 1937, WHEN THE NEW ACT BECAME EFFECTIVE.

FOR THE NEW CORPS THE ACT OF JUNE 28, 1937, PROVIDES, IN SECTION 17, THAT "THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, SUCH SUMS AS MAY BE NECESSARY FOR THE PURPOSE OF CARRYING OUT THE PURPOSES OF THIS ACT," AND THE FIRST PROVISO IN SECTION 11 OF THE ACT IS---

THAT FUNDS ALLOCATED TO GOVERNMENT AGENCIES FOR OBLIGATION UNDER THIS ACT MAY BE EXPENDED IN ACCORDANCE WITH THE LAWS, RULES, AND REGULATIONS GOVERNING THE USUAL WORK OF SUCH AGENCY, EXCEPT AS OTHERWISE STIPULATED IN THIS ACT; * * *.

THERE ARE NO STIPULATIONS IN THE ACT SIMILAR TO THOSE CONTAINED IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 WHICH CONSTITUTED THE BASIS FOR THE HOLDING EXEMPTING THE COMPLIANCE WITH THE PROVISIONS OF THE ACT OF MAY 27, 1930, 46 STAT. 391, REQUIRING THAT THE SEVERAL FEDERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS SHALL PURCHASE PRODUCTS OF FEDERAL PRISONS AND PENAL INSTITUTIONS. THEREFORE FUNDS ALLOCATED TO YOUR DEPARTMENT UNDER THE APPROPRIATION REFERRED TO IN YOUR LETTER OR SUBSEQUENT APPROPRIATIONS MADE TO CARRY OUT THE PROVISIONS OF THE CIVILIAN CONSERVATION CORPS ACT ARE SUBJECT TO THE SAME PROVISIONS OF LAW AS ARE APPLICABLE TO THE REGULAR APPROPRIATIONS OF YOUR DEPARTMENT WITH RESPECT TO PURCHASING PRISON-MADE GOODS. SEE 14 COMP. GEN. 270; 15 ID. 844; 16 ID. 312.