B-108465, APRIL 1, 1952, 31 COMP. GEN. 491

B-108465: Apr 1, 1952

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THERE IS NO AUTHORITY OF LAW TO CHARGE ANY APPROPRIATION OF THE DISTRICT HEALTH DEPARTMENT FOR THE DISTRICT'S SHARE OF THE COST OF PENICILLIN TO BE USED FOR CIVIL DEFENSE PURPOSES. 1952: REFERENCE IS MADE TO LETTER DATED MARCH 6. THE PROPOSED METHOD OF STOCKPILING AND UTILIZING THE INVOLVED MEDICAL SUPPLIES IS PREDICATED UPON AUTHORITY CONTAINED IN THE PROVISIONS. THAT PARTICULAR EMPHASIS IS PLACED UPON THE EQUALLY MATCHED REQUIREMENT OF THE SECOND PROVISO THERETO. SECTION 201 OF THE 1951 ACT PROVIDES IN PART: THE ADMINISTRATOR IS AUTHORIZED. THAT THE AMOUNTS AUTHORIZED TO BE CONTRIBUTED BY THE ADMINISTRATOR TO EACH STATE FOR ORGANIZATIONAL EQUIPMENT SHALL BE EQUALLY MATCHED BY SUCH STATE FROM ANY SOURCE IT DETERMINES IS CONSISTENT WITH ITS LAWS: * * * GENERALLY.

B-108465, APRIL 1, 1952, 31 COMP. GEN. 491

APPROPRIATIONS - DISTRICT OF COLUMBIA - AVAILABILITY OF HEALTH DEPARTMENT FUNDS FOR CIVIL DEFENSE PURPOSES IN VIEW OF THE SPECIFIC APPROPRIATION IN THE SUPPLEMENTAL APPROPRIATION ACT, 1952, MAKING FUNDS AVAILABLE FOR "ALL EXPENSES NECESSARY" FOR THE CIVIL DEFENSE PROGRAM OF THE DISTRICT OF COLUMBIA, THERE IS NO AUTHORITY OF LAW TO CHARGE ANY APPROPRIATION OF THE DISTRICT HEALTH DEPARTMENT FOR THE DISTRICT'S SHARE OF THE COST OF PENICILLIN TO BE USED FOR CIVIL DEFENSE PURPOSES.

ACTING COMPTROLLER GENERAL YATES TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, APRIL 1, 1952:

REFERENCE IS MADE TO LETTER DATED MARCH 6, 1952, FROM THE ACTING PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, PRESENTING FOR DECISION THE QUESTION AS TO WHETHER AN APPROPRIATION FOR THE HEALTH DEPARTMENT, DISTRICT OF COLUMBIA, PROPERLY CAN BE USED IN LIEU OF THE APPROPRIATION TO THE OFFICE OF CIVIL DEFENSE CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1952, APPROVED NOVEMBER 1, 1951, PUBLIC LAW 253, 65 STAT. 737, TO MATCH CONTRIBUTIONS BY THE FEDERAL CIVIL DEFENSE ADMINISTRATOR TO THE DISTRICT OF COLUMBIA OFFICE OF CIVILIAN DEFENSE, FOR THE PURCHASE OF PENICILLIN.

THE LETTER PROPOSES TO UTILIZE AN APPROPRIATION OF THE HEALTH DEPARTMENT OF THE DISTRICT--- NOT DESIGNATED IN THE LETTER--- TO PROVIDE THE DISTRICT'S SHARE OF THE COST OF PENICILLIN TO BE ACQUIRED FOR CIVIL DEFENSE USES RATHER THAN THE SPECIFIC APPROPRIATION MADE TO THE DISTRICT OF COLUMBIA OFFICE OF CIVILIAN DEFENSE. THE LETTER STATES THAT THE PENICILLIN WOULD BE STOCKPILED IN THE HEALTH DEPARTMENT AND ROTATED IN ORDER TO AVOID IMPOTENCY BUT WOULD BE AVAILABLE FOR CIVIL DEFENSE PURPOSES IF THE NECESSITY THEREFOR ARISES, OTHERWISE IT WOULD BE USED FOR NORMAL HEALTH DEPARTMENT REQUIREMENTS.

THE PROPOSED METHOD OF STOCKPILING AND UTILIZING THE INVOLVED MEDICAL SUPPLIES IS PREDICATED UPON AUTHORITY CONTAINED IN THE PROVISIONS--- QUOTED IN THE LETTER OF MARCH 6--- OF SECTION 3 OF THE ACT OF AUGUST 11, 1950, 64 STAT. 438, 439, CREATING IN THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AN OFFICE OF CIVILIAN DEFENSE AND AUTHORIZING AND DIRECTING SAID OFFICE TO ACCEPT CONTRIBUTIONS FROM THE UNITED STATES AND TO UTILIZE THE SERVICES, EQUIPMENT, SUPPLIES, AND FACILITIES OF THE OTHER EXISTING AGENCIES OF THE DISTRICT, AND OF SECTION 201 OF THE ACT OF JANUARY 12, 1951, PUBLIC LAW 920, 81ST CONGRESS, 64 STAT. 1249, CREATING A FEDERAL CIVIL DEFENSE ADMINISTRATION AND AUTHORIZING THE ADMINISTRATOR THEREOF TO MAKE FINANCIAL CONTRIBUTIONS TO THE STATES, INCLUDING THE DISTRICT OF COLUMBIA, FOR CIVIL DEFENSE PURPOSES. IT APPEARS FROM THE UNDERSCORED LANGUAGE OF SUBSECTION (I) OF SAID SECTION 201 AS QUOTED IN THE LETTER OF MARCH 6, THAT PARTICULAR EMPHASIS IS PLACED UPON THE EQUALLY MATCHED REQUIREMENT OF THE SECOND PROVISO THERETO.

SECTION 201 OF THE 1951 ACT PROVIDES IN PART:

THE ADMINISTRATOR IS AUTHORIZED, IN ORDER TO CARRY OUT THE ABOVE MENTIONED PURPOSES, TO---

(I) MAKE FINANCIAL CONTRIBUTIONS, ON THE BASIS OF PROGRAMS OR PROJECTS APPROVED BY THE ADMINISTRATOR, TO THE STATES FOR CIVIL DEFENSE PURPOSES, INCLUDING BUT NOT LIMITED TO, THE PROCUREMENT, CONSTRUCTION, LEASING, OR RENOVATING OF MATERIALS AND FACILITIES. SUCH CONTRIBUTIONS SHALL BE MADE ON SUCH TERMS OR CONDITIONS AS THE ADMINISTRATOR SHALL PRESCRIBE, INCLUDING, BUT NOT LIMITED TO, THE METHOD OF PURCHASE, THE QUANTITY, QUALITY, OR SPECIFICATIONS OF THE MATERIALS OR FACILITIES, AND SUCH OTHER FACTORS OR CARE OR TREATMENT TO ASSURE THE UNIFORMITY, AVAILABILITY, AND GOOD CONDITION OF SUCH MATERIALS OR FACILITIES: PROVIDED, THAT, EXCEPT AS OTHERWISE PROVIDED IN SECTION 303 (D) OF THIS ACT, NO CONTRIBUTIONS SHALL BE MADE FOR STATE OR LOCAL PERSONNEL AND ADMINISTRATIVE EXPENSES, OR FOR ITEMS OF PERSONAL EQUIPMENT FOR STATE OR LOCAL WORKERS, OR FOR THE PROCUREMENT OF LAND: PROVIDED FURTHER, THAT THE AMOUNTS AUTHORIZED TO BE CONTRIBUTED BY THE ADMINISTRATOR TO EACH STATE FOR ORGANIZATIONAL EQUIPMENT SHALL BE EQUALLY MATCHED BY SUCH STATE FROM ANY SOURCE IT DETERMINES IS CONSISTENT WITH ITS LAWS: * * *

GENERALLY, UNDER THE TERMS OF THIS SECTION THE FEDERAL CIVIL DEFENSE ADMINISTRATOR IS AUTHORIZED TO MAKE CONTRIBUTIONS TO THE STATES, WHICH BY SECTION 3 OF THE ACT INCLUDES THE DISTRICT OF COLUMBIA, FOR THEIR CIVIL DEFENSE PROGRAMS "ON SUCH TERMS OR CONDITIONS AS THE ADMINISTRATOR SHALL PRESCRIBE" SUBJECT TO THE SEVERAL QUALIFICATIONS IN THE PROVISOS THERETO, THE SECOND OF WHICH REQUIRES THAT THE AMOUNTS CONTRIBUTED FOR "ORGANIZATIONAL EQUIPMENT" SHALL BE EQUALLY MATCHED BY THE STATES.

SINCE BY THE PROVISIONS OF SECTION 3 OF THE ACT, MEDICINES COME WITHIN THE TERM "MATERIALS" RATHER THAN THE TERM "ORGANIZATIONAL EQUIPMENT," AND AS PENICILLIN IS A MEDICINE, THE SECOND PROVISO TO SECTION 201 (I) HAS NO APPLICATION TO CONTRIBUTIONS FOR THE PROCUREMENT OF PENICILLIN. CONSEQUENTLY, THE SOURCE OF THE DISTRICT OF COLUMBIA FUNDS TO BE USED IN MEETING THE TERMS AND CONDITIONS PRESCRIBED BY THE ADMINISTRATOR FOR MEDICAL SUPPLY PROJECTS IS GOVERNED BY OTHER APPLICABLE PROVISIONS OF LAW.

THE SUPPLEMENTAL APPROPRIATION ACT, 1952, SUPRA, PROVIDES AN APPROPRIATION TO THE DISTRICT OF COLUMBIA FOR CIVIL DEFENSE PURPOSES AS FOLLOWS:

FOR ALL EXPENSES NECESSARY FOR THE OFFICE OF CIVIL DEFENSE, INCLUDING PERSONAL SERVICES WITHOUT REFERENCE TO THE CIVIL SERVICE LAWS AS RELATED TO RECRUITMENT; AND SERVICES AS AUTHORIZED BY SECTION 15 OF THE ACT OF AUGUST 2, 1946 (5 U.S.C. 55A); $275,000.

THE RULE IS WELL ESTABLISHED THAT AN APPROPRIATION FOR A SPECIAL OBJECT IS AVAILABLE FOR THAT OBJECT TO THE EXCLUSION OF A MORE GENERAL APPROPRIATION WHICH WOULD OTHERWISE BE AVAILABLE FOR THE SAME PURPOSE. COMP. GEN. 892; 20 ID. 272 AND 739; 24 ID. 807.

ACCORDINGLY, SINCE THE ABOVE-QUOTED APPROPRIATION WAS MADE SPECIFICALLY AVAILABLE FOR "ALL EXPENSES NECESSARY" FOR THE CIVIL DEFENSE PROGRAM OF THE DISTRICT OF COLUMBIA, THERE IS NO AUTHORITY OF LAW FOR CHARGING THE COST OF PENICILLIN PURCHASED FOR SUCH PROGRAM TO ANY APPROPRIATION OF THE HEALTH DEPARTMENT. THE QUESTION POSED IN THE LETTER OF MARCH 6 IS ANSWERED ACCORDINGLY.

HOWEVER, IN ORDER TO PREVENT COMPOUNDING STORAGE COSTS AND CERTAIN LOSSES WHICH WOULD RESULT FROM FAILURE TO UTILIZE PENICILLIN PROCURED FOR CIVIL DEFENSE PURPOSES WITHIN THE LIMITED PERIOD OF ITS POTENCY, THIS OFFICE PERCEIVES NO OBJECTION TO THE JOINT STOCKPILING OF SUCH MEDICAL SUPPLIES FOR BOTH THE CIVIL DEFENSE AND THE HEALTH DEPARTMENT PROGRAMS, USING THE EXISTING FACILITIES OF THE HEALTH DEPARTMENT FOR THAT PURPOSE, UNDER AN ARRANGEMENT WHEREBY THE STOCK INVENTORIES OF PENICILLIN FOR THE TWO PROGRAMS WOULD BE MAINTAINED AT A COMBINED LEVEL AT LEAST EQUAL TO THE QUANTITY FURNISHED FOR THE CIVIL DEFENSE PROGRAM AND AT THE SAME TIME PERMIT THE NECESSARY ROTATION THEREOF TO AVOID LOSS RESULTING FROM IMPOTENCY.