A-94848, MAY 21, 1938, 17 COMP. GEN. 967

A-94848: May 21, 1938

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" IS NOT AVAILABLE FOR THE COST OF REPLACING. AN ANIMATED AIRWAYS MAP LOANED BY THE DEPARTMENT OF COMMERCE FOR USE AS AN EXHIBIT BUT WHICH WAS NOT EXHIBITED BECAUSE ON ARRIVAL AT PARIS IT WAS FOUND TO HAVE BEEN DAMAGED BEYOND REPAIR. WAS SHIPPED FROM THE DALLAS EXPOSITION TO THE INTERNATIONAL EXPOSITION AT PARIS. ON ARRIVAL AT PARIS IT WAS FOUND THAT THE MAP HAD BEEN DAMAGED BEYOND REPAIR. SINCE THIS MAP HAS CONSTITUTED AN IMPORTANT PART OF THE DEPARTMENT'S DISPLAY AT PREVIOUS FAIRS AND ITS REPLACEMENT WILL BE REQUIRED FOR FUTURE DISPLAY. SINCE IS THE OPINION OF THIS DEPARTMENT THAT THE FUNDS APPROPRIATED FOR THE FEDERAL GOVERNMENT'S PARTICIPATION ARE AVAILABLE FOR REPAIRING ANY DAMAGE INCIDENT TO THE DISPLAY.

A-94848, MAY 21, 1938, 17 COMP. GEN. 967

APPROPRIATIONS - AVAILABILITY - REPLACEMENT OF DAMAGED PUBLIC PROPERTY - INTERNATIONAL EXPOSITION AT PARIS THE APPROPRIATION FOR THE PARTICIPATION OF THE UNITED STATES IN THE INTERNATIONAL EXPOSITION AT PARIS, 1937, WHILE AVAILABLE FOR "PURCHASING, CONSTRUCTING, OR RENOVATING EXHIBITS," IS NOT AVAILABLE FOR THE COST OF REPLACING, AFTER THE CLOSE OF THE EXPOSITION, AN ANIMATED AIRWAYS MAP LOANED BY THE DEPARTMENT OF COMMERCE FOR USE AS AN EXHIBIT BUT WHICH WAS NOT EXHIBITED BECAUSE ON ARRIVAL AT PARIS IT WAS FOUND TO HAVE BEEN DAMAGED BEYOND REPAIR.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, MAY 21, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 10, 1938, AS FOLLOWS:

AN ANIMATED AIRWAYS MAP BELONGING TO THE DEPARTMENT OF COMMERCE AND USED FOR PURPOSES OF EXHIBITION, WITH A VIEW TO STIMULATING INTEREST IN CIVIL AVIATION, WAS SHIPPED FROM THE DALLAS EXPOSITION TO THE INTERNATIONAL EXPOSITION AT PARIS, HAVING BEEN TURNED OVER AT DALLAS TO A REPRESENTATIVE OF THE PARIS EXPOSITION FOR SHIPMENT TO PARIS. ON ARRIVAL AT PARIS IT WAS FOUND THAT THE MAP HAD BEEN DAMAGED BEYOND REPAIR. THE CHAIRMAN OF THE UNITED STATES COMMISSION HAS TRANSFERRED TO THIS DEPARTMENT THE SUM OF $4,000 OF THE FUNDS APPROPRIATED FOR PARTICIPATION BY THE UNITED STATES IN THE INTERNATIONAL EXPOSITION OF PARIS FOR THE PURPOSE OF REPLACING THIS MAP.

PUBLIC RESOLUTION NO. 8, 75TH CONGRESS, APPROVED FEBRUARY 25, 1937, AUTHORIZES "SUCH EXPENDITURES AS MAY BE NECESSARY FOR THE PURPOSE OF PURCHASING, CONSTRUCTING, OR RENOVATING EXHIBITS.' SINCE THIS MAP HAS CONSTITUTED AN IMPORTANT PART OF THE DEPARTMENT'S DISPLAY AT PREVIOUS FAIRS AND ITS REPLACEMENT WILL BE REQUIRED FOR FUTURE DISPLAY, AND SINCE IS THE OPINION OF THIS DEPARTMENT THAT THE FUNDS APPROPRIATED FOR THE FEDERAL GOVERNMENT'S PARTICIPATION ARE AVAILABLE FOR REPAIRING ANY DAMAGE INCIDENT TO THE DISPLAY. HOWEVER, BEFORE PROCEEDING TO USE THE FUNDS ALLOTTED BY THE UNITED STATES COMMISSION FOR REPLACEMENT OF THIS MAP, YOUR ADVICE IS REQUESTED AS TO WHETHER THE FUNDS APPROPRIATED BY THE ABOVE- CITED PUBLIC RESOLUTION ARE AVAILABLE FOR SUCH REPLACEMENT.

BY PUBLIC RESOLUTION NO. 80 OF APRIL 10, 1936, 49 STAT. 1201, AMENDED BY THE JOINT RESOLUTION OF FEBRUARY 25, 1937, 50 STAT. 22, THE UNITED STATES WAS AUTHORIZED TO PARTICIPATE IN THE INTERNATIONAL EXPOSITION OF PARIS, 1937, AND BY THE ACT OF JUNE 22, 1936, 49 STAT. 1633, AND SECTION 4 OF THE SAID JOINT RESOLUTION OF FEBRUARY 25, 1937, CERTAIN AMOUNTS WERE APPROPRIATED FOR THE PURPOSES OF SUCH PARTICIPATION. IT APPEARS FROM YOUR SUBMISSION THAT THE ANIMATED AIRWAYS MAP WHICH IT IS NOW PROPOSED TO REPLACE WAS LOANED BY THE DEPARTMENT OF COMMERCE TO THE COMMISSION IN ACCORDANCE WITH SECTION 5 OF PUBLIC RESOLUTION NO. 80, SUPRA, FOR USE AS AN EXHIBIT IN THE INTERNATIONAL EXPOSITION AT PARIS BUT WAS NEVER EXHIBITED FOR THE REASON THAT ON ARRIVAL THERE IT WAS FOUND THE MAP HAD BEEN DAMAGED BEYOND REPAIR.

WHILE THE APPROPRIATION INVOLVED WOULD HAVE BEEN AVAILABLE FOR REPAIRING THE MAP SO THAT IT COULD HAVE BEEN EXHIBITED AT PARIS HAD IT NOT BEEN DAMAGED BEYOND REPAIR, NEITHER THE RESOLUTION AUTHORIZING PARTICIPATION, THE AMENDING RESOLUTION, NOR THE APPROPRIATION MADE THEREFOR CONTAINS ANY PROVISION AUTHORIZING THE USE OF THE FUNDS SO APPROPRIATED FOR REPLACING EXHIBITS AFTER THE CLOSE OF THE EXHIBITION.

THE ONLY EXPENDITURES IN CONNECTION WITH EXHIBITS WHICH ARE AUTHORIZED TO BE MADE "AFTER THE CLOSE OF SUCH EXPOSITION" ARE "FOR THE TRANSPORTATION OF MATERIALS AND EXHIBITS * * * FROM FRANCE TO THE UNITED STATES.' SEE SECTION 1 OF THE RESOLUTION OF FEBRUARY 25, 1937, SUPRA. IN DECISION OF MARCH 16, 1936, 15 COMP. GEN. 802, 805, INVOLVING THE PURCHASE OF A PLAQUE TO REPLACE A SIMILAR PLAQUE LOANED BY THE FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, FOR EXHIBIT AT THE CENTURY OF PROGRESS EXPOSITION AT CHICAGO, WHICH PLAQUE WAS DAMAGED BEYOND REPAIR, IT WAS HELD:

ACCORDINGLY, THE ACT, AS AMENDED, APPROPRIATING FUNDS FOR THE PARTICIPATION OF THE UNITED STATES IN A CENTURY OF PROGRESS HAVING LIMITED THE AVAILABILITY OF SUCH FUNDS TO JUNE 30, 1935, THERE IS NO PROPER BASIS FOR NOW CHARGING SAID FUNDS WITH ANY EXPENDITURE INCURRED AFTER JUNE 30, 1935. FURTHERMORE, THE PURCHASE OF THIS NEW PLAQUE HAD NOTHING TO DO WITH THE CHICAGO EXHIBITION OR WITH THE RETURN OR RESTORATION OF ANY PROPERTY EXHIBITED THEREAT. APPARENTLY, THERE WAS NO PRESENT NEED FOR THE NEW PLAQUE--- IT HAVING BEEN PURCHASED MERELY ON THE ASSUMPTION THAT THERE MIGHT BE SOME FUTURE EXPOSITION AT WHICH IT MIGHT BE DESIRABLE TO EXHIBIT IT. MANIFESTLY, THE UNEXPENDED BALANCE OF THE APPROPRIATION FOR A CENTURY OF PROGRESS WOULD NOT BE AVAILABLE FOR SUCH A PURPOSE EVEN IF ITS PERIOD OF AVAILABILITY HAD NOT EXPIRED.

ACCORDINGLY, ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT THE APPROPRIATION FOR THE PARTICIPATION OF THE UNITED STATES IN THE INTERNATIONAL EXPOSITION AT PARIS IS NOT AVAILABLE FOR THE COST OF REPLACING THE MAP IN QUESTION.