B-5459, AUGUST 11, 1939, 19 COMP. GEN. 188

B-5459, AUGUST 11, 1939, 19 COMP. GEN. 188

APPROPRIATIONS - AVAILABILITY - VESSEL CHARTERING, COMMISSIONING, MAINTENANCE, ETC., EXPENSE - ANTARCTIC SURVEY THE INTERIOR DEPARTMENT APPROPRIATION " EXPENSES, DIVISION OF TERRITORIES AND ISLAND SESSIONS," AS MADE BY THE ACT OF JUNE 30, 1939 ( PUBLIC, NO. 160, 53 STAT. 986), HAVING BEEN MADE AVAILABLE BY STATUTE ONLY FOR THE CHARGING OF THE EXPENSE OF "CHARTERING AND COMMISSIONING THE STEAMSHIP BEAR AS A VESSEL OF THE UNITED STATES NAVY FOR THE PURPOSES OF THE SURVEY OF THE ANTARCTIC REGIONS," ANY EXPENSES INCIDENT TO MAINTENANCE, OPERATION, AND REPAIRS AFTER THE VESSEL HAS BEEN COMMISSIONED ARE CHARGEABLE TO THE APPROPRIATIONS ORDINARILY AVAILABLE UNDER THE NAVY DEPARTMENT FOR LIKE EXPENSES WITH RESPECT TO OTHER NAVY VESSELS.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE NAVY, AUGUST 11, 1939:

I HAVE YOUR LETTER OF AUGUST 9, 1939, AS FOLLOWS:

AMENDMENT NO. 47 TO THE THIRD DEFICIENCY BILL, AS SET FORTH ON PAGE 15506 OF THE CONGRESSIONAL RECORD OF AUGUST 5, 1939, READS AS FOLLOWS:

"FOR EXPENDITURE, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, FOR CHARTERING AND COMMISSIONING THE STEAMSHIP BEAR AS A VESSEL OF THE UNITED STATES NAVY FOR THE PURPOSES OF THE SURVEY OF THE ANTARCTIC REGIONS TO BE MADE BY THE UNITED STATES ANTARCTIC SERVICE AS AUTHORIZED BY THE URGENT DEFICIENCY AND SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEARS 1939 AND 1940, APPROVED JUNE 30, 1939, PUBLIC, NUMBERED 160, SEVENTY-SIXTH CONGRESS: PROVIDED, THAT SUCH EXPENDITURE SHALL BE MADE FROM THE AMOUNTS APPROPRIATED FOR THIS PURPOSE FOR THE DEPARTMENT OF THE INTERIOR UNDER THE HEAD OF " EXPENSES, DIVISION OF TERRITORIES AND ISLAND POSSESSIONS" IN THE SECOND DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1939, APPROVED MAY 2, 1939, AND THE URGENT DEFICIENCY AND SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEARS 1939 AND 1940, APPROVED JUNE 30, 1939.'

THE " STATEMENT" ON THE PART OF THE MANAGERS OF THE HOUSE OF REPRESENTATIVES, IN EXPLANATION OF THE ABOVE QUOTED AMENDMENT NO. 47, AS SET FORTH ON PAGE 15507 OF THE CONGRESSIONAL RECORD OF AUGUST 5, 1939, IS AS FOLLOWS:

"* * * MAKES PREVIOUS APPROPRIATIONS FOR THE UNITED STATES ANTARCTIC SERVICE AVAILABLE ON ACCOUNT OF CHARTERING AND COMMISSIONING THE STEAMSHIP BEAR, INSTEAD OF CHARGING SUCH EXPENDITURES TO NAVAL APPROPRIATIONS, AS PROPOSED BY THE SENATE: * * *"

IT WILL BE OBSERVED THAT UNDER THE TERMS OF THE ABOVE QUOTED AMENDMENT NO. 47 TO THE THIRD DEFICIENCY BILL, THE STEAMSHIP BEAR IS AUTHORIZED TO BE CHARTERED AND COMMISSIONED "AS A VESSEL OF THE UNITED STATES NAVY FOR THE PURPOSES OF THE SURVEY OF THE ANTARCTIC REGIONS TO BE MADE BY THE UNITED STATES ANTARCTIC SERVICE AS AUTHORIZED BY THE URGENT DEFICIENCY AND SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEARS 1939 AND 1940, APPROVED JUNE 30, 1939" ( PUBLIC, NO. 160--- 76TH CONGRESS); AND FURTHER, THAT THE "EXPENDITURE" FOR "CHARTERING AND COMMISSIONING" SUCH VESSEL SHALL BE BORNE BY APPROPRIATIONS TOTALING $350,000 MADE AVAILABLE FOR EXPENSES OF THE DIVISION OF TERRITORIES AND ISLAND POSSESSIONS OF THE DEPARTMENT OF THE INTERIOR.

SINCE, UNDER THE TERMS OF AMENDMENT NO. 47, THE STEAMSHIP BEAR WILL BE CHARGED AND COMMISSIONED "AS A VESSEL OF THE UNITED STATES NAVY," THE QUESTION IMMEDIATELY ARISES AS TO WHETHER, AFTER SO COMMISSIONING, SUCH VESSEL MAY BE MAINTAINED, OPERATED, AND REPAIRED UNDER REGULAR NAVAL APPROPRIATIONS AS ARE OTHER VESSELS OF THE UNITED STATES NAVY. YOUR DECISION ON THIS QUESTION IS REQUESTED.

IN VIEW OF THE SHORT TIME AVAILABLE IN WHICH TO GET THIS ANTARCTIC EXPEDITION READY, IT IS REQUESTED THAT YOUR DECISION IN THIS MATTER BE EXPEDITED AS MUCH AS POSSIBLE.

THE APPROPRIATION MADE BY THE ACT OF JUNE 30, 1939, PUBLIC, NO. 160, 53 STAT. 986, AS REFERRED TO IN AMENDMENT 47, AND IN YOUR LETTER, PROVIDES AS FOLLOWS:

DIVISION OF TERRITORIES AND ISLAND POSSESSIONS: FOR AN ADDITIONAL AMOUNT FOR EXPENSES OF THE DIVISION OF TERRITORIES AND ISLAND POSSESSIONS IN THE INVESTIGATION AND SURVEY OF NATURAL RESOURCES OF THE LAND AND SEA AREAS OF THE ANTARCTIC REGIONS, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE WITHOUT REGARD TO THE CIVIL-SERVICE LAWS OR THE CLASSIFICATION ACT OF 1923, AS AMENDED, OR BY CONTRACT, IF DEEMED NECESSARY, WITHOUT REGARD TO THE PROVISIONS OF SECTION 3709 OF THE REVISED STATUTES, RENT, TRAVELING EXPENSES, PURCHASE OF NECESSARY BOOKS, DOCUMENTS, NEWSPAPERS AND PERIODICALS, STATIONERY, HIRE OF AUTOMOBILES, PURCHASE OF EQUIPMENT, SUPPLIES, AND PROVISIONS, AND ALL OTHER NECESSARY EXPENSES, FISCAL YEAR 1939, TO REMAIN AVAILABLE UNTIL JUNE 30, 1940, $340,000: PROVIDED, THAT FUEL, REPAIRS, AND EMERGENCY SUPPLIES MAY BE CONTRACTED FOR IN FOREIGN PORTS.

FROM THE LEGISLATIVE HISTORY OF THE SENATE AMENDMENT HERE INVOLVED IT APPEARS THAT AS ORIGINALLY PROPOSED AND APPROVED BY THE SENATE THE EXPENDITURES INCIDENT TO THE CHARTERING AND COMMISSIONING OF THE STEAMSHIP BEAR WERE TO BE CHARGED TO APPLICABLE APPROPRIATIONS OF THE NAVY, SAID AMENDMENT AS IT APPEARED IN THE BILL AS PASSED BY THE SENATE PROVIDING AS FOLLOWS:

THE APPLICABLE APPROPRIATIONS PROVIDED FOR THE NAVAL ESTABLISHMENT FOR THE FISCAL YEAR 1940 ARE HEREBY MADE AVAILABLE FOR EXPENDITURE, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, FOR CHARTERING AND COMMISSIONING THE STEAMSHIP BEAR AS A VESSEL OF THE UNITED STATES NAVY FOR THE PURPOSES OF THE SURVEY OF THE ANTARCTIC REGIONS TO BE MADE BY THE UNITED STATES ANTARCTIC SERVICE AS AUTHORIZED BY THE URGENT DEFICIENCY AND SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEARS 1939 AND 1940, APPROVED JUNE 30, 1939, PUBLIC, NUMBERED 160, SEVENTY-SIXTH CONGRESS: PROVIDED, THAT SUCH EXPENDITURES SHALL BE IN ADDITION TO THE AMOUNTS APPROPRIATED FOR THIS PURPOSE FOR THE DEPARTMENT OF THE INTERIOR UNDER THE HEAD OF " EXPENSES, DIVISION OF TERRITORIES AND ISLAND POSSESSIONS" IN THE SECOND DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1939, APPROVED MAY 2, 1939, AND THE URGENT DEFICIENCY AND SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEARS 1939 AND 1940, APPROVED JUNE 30, 1939.

IN EXPLANATION OF THE ITEM IT IS STATED IN LETTER OF AUGUST 2, 1939, FROM THE DIRECTOR OF THE BUREAU OF THE BUDGET TO THE PRESIDENT THAT:

THE PURPOSE OF THIS PROVISION IS TO ENABLE THE NAVY DEPARTMENT TO MAKE THE NECESSARY EXPENDITURES TO CONDITION AND OPERATE THE STEAMSHIP BEAR DURING THE SURVEY OF THE ANTARCTIC REGIONS TO BE MADE BY THE UNITED STATES ANTARCTIC SERVICE. IT WILL BE NECESSARY FOR THE NAVY DEPARTMENT TO CHARTER SAID VESSEL AND PLACE IT IN OPERATING CONDITION AND MAINTAIN IT IN SUCH CONDITION DURING THE PERIOD OF THE CHARTER. THE EXPENSES OF PLACING THIS VESSEL IN COMMISSION ARE ESTIMATED AT $20,000, AND THE EXPENSES INCIDENT TO ITS OPERATION CANNOT BE ESTIMATED AT THIS TIME. UNDER THIS PROPOSED PROVISION ALL SUCH EXPENSES WILL BE PAID FROM THE APPLICABLE NAVAL APPROPRIATIONS FOR THE FISCAL YEAR 1940.

WHILE THE ITEM ITSELF REFERS ONLY TO "CHARTERING AND COMMISSIONING" THE EXPLANATION APPEARS TO REFER TO "EXPENDITURES TO CONDITION AND OPERATE" THE VESSEL, AND WHEN LATER ADOPTED IN THE MODIFIED FORM QUOTED IN YOUR LETTER AS IT NOW APPEARS IN THE THIRD DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1939, APPROVED AUGUST 9, 1939, PUBLIC, NO. 361, 53 STAT. 1301, THE ITEM REFERS ONLY TO EXPENSES ,FOR CHARTERING AND COMMISSIONING THE STEAMSHIP BEAR.' IT WOULD APPEAR CLEAR UNDER THE ITEM AS IT BECAME LAW THAT ANY EXPENDITURES "IN THE DISCRETION OF THE SECRETARY OF THE NAVY" AS MAY BE REQUIRED TO CHARTER AND COMMISSION THE STEAMSHIP BEAR "AS A VESSEL OF THE UNITED STATES NAVY" ARE TO BE CHARGED TO THE APPROPRIATION UNDER THE HEAD " EXPENSES, DIVISION OF TERRITORIES AND ISLAND POSSESSIONS," AS MADE BY THE ACT OF JUNE 30, 1939, BUT THE PROVISION BEING SO LIMITED THERE WOULD APPEAR TO BE NO AUTHORITY FOR CHARGING TO SUCH APPROPRIATION ANY EXPENSES INCIDENT TO MAINTENANCE, OPERATION, AND REPAIRS AFTER THE VESSEL HAS BEEN COMMISSIONED AS A VESSEL OF THE UNITED STATES NAVY. WHETHER THAT WAS THE INTENT OF THE CONGRESS IS NOT DISCLOSED BY THE LEGISLATIVE HISTORY OF THE ITEM OR BY ITS PROVISIONS. IT WOULD SEEM APPARENT, HOWEVER, THAT UNDER THE ORIGINAL AMENDMENT WHICH, AS LATER AMENDED, BECAME THE PROVISION OF LAW HERE IN QUESTION, IT WAS CONTEMPLATED THE APPLICABLE NAVY APPROPRIATIONS WERE TO BEAR, AS A MATTER OF COURSE, THE EXPENSES OF MAINTENANCE, OPERATION, AND REPAIRS OF THE VESSEL AFTER IT BECAME A COMMISSIONED VESSEL OF THE UNITED STATES NAVY--- CONGRESSIONAL AUTHORITY APPARENTLY BEING REQUIRED ONLY FOR CHARTERING AND COMMISSIONING THE VESSEL AS SUCH. TAKING INTO CONSIDERATION THE FACT THAT THERE IS NOTHING IN THE APPROPRIATION AS MADE BY THE ACT OF JUNE 30, 1939, HEREIN QUOTED, PROVIDING EITHER IN SPECIFIC TERMS OR BY NECESSARY IMPLICATION FOR THE EXPENSES OF MAINTAINING, OPERATING, AND REPAIRING A VESSEL OR VESSELS OF THE UNITED STATES NAVY USED ON ANY EXPEDITION UNDERTAKEN UNDER SAID APPROPRIATION IT MUST BE CONCLUDED THAT THE APPROPRIATIONS AVAILABLE FOR THE MAINTENANCE, OPERATION, AND REPAIRS OF A VESSEL SUCH AS THE STEAMSHIP BEAR AFTER IT HAS BEEN COMMISSIONED AS A VESSEL OF THE UNITED STATES NAVY, ARE THOSE ORDINARILY AVAILABLE UNDER THE NAVY DEPARTMENT FOR SUCH EXPENSES WITH RESPECT TO OTHER UNITED STATES NAVY VESSELS.