B-5714, SEPTEMBER 6, 1939, 19 COMP. GEN. 324

B-5714, SEPTEMBER 6, 1939, 19 COMP. GEN. 324

APPROPRIATIONS - SPECIFIC V. GENERAL - STATIONERY FOR USE IN ADDITIONAL WORK THE AMOUNT TO BE EXPENDED FOR STATIONERY DURING THE FISCAL YEAR 1940 BY THE INTERIOR DEPARTMENT HAVING BEEN SPECIFICALLY LIMITED BY THE APPROPRIATION ACT OF MAY 10, 1939, 53 STAT. 687, MAY NOT BE SUPPLEMENTED BY THE USE, FOR THE PURCHASE OF STATIONERY, OF THE LATER BUT MORE GENERAL APPROPRIATION MADE IN THE THIRD DEFICIENCY ACT OF AUGUST 9, 1939, PUBLIC, NO. 361, 53 STAT. 1317, FOR WORK IN CONNECTION WITH A NEW PROGRAM OF STRATEGIC MINERAL INVESTIGATIONS, THE GENERAL RULE BEING THAT A SPECIFIC APPROPRIATION FOR A PARTICULAR CLASS OF EXPENDITURES IS AVAILABLE THEREFOR TO THE EXCLUSION OF A MORE GENERAL APPROPRIATION

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, SEPTEMBER 6, 1939:

I HAVE YOUR LETTER OF AUGUST 22, 1939, AS FOLLOWS:

THE THIRD DEFICIENCY APPROPRIATION ACT ( PUBLIC, NO. 361, 76TH CONGRESS, APPROVED AUGUST 9, 1939) APPROPRIATED $350,000 TO THE BUREAU OF MINES FOR THE PURPOSE OF MAKING SCIENTIFIC, TECHNOLOGIC, AND ECONOMIC INVESTIGATIONS OF STRATEGIC MINERALS WHICH ARE ESSENTIAL TO THE COMMON DEFENSE OR THE INDUSTRIAL NEEDS OF THE UNITED STATES, IN ORDER TO DETERMINE AND DEVELOP DOMESTIC SOURCES OF SUPPLY. IN CONNECTION WITH THIS INVESTIGATION, THE BUREAU OF MINES IS INAUGURATING A COMPREHENSIVE PROGRAM OF EXPLORATION ON PUBLIC AND PRIVATE LANDS WHICH WILL INCLUDE ALL PHASES OF ACTUAL MINING, AS WELL AS LABORATORY INVESTIGATIONS AND TESTS OF ORES MINED. THE PROGRAM WILL INVOLVE FROM TEN TO TWENTY PROJECTS DURING THE FISCAL YEAR, WHICH WILL BE LOCATED IN VARIOUS PARTS OF THE COUNTRY AND, IN ACCORDANCE WITH THE ENABLING ACT ( PUBLIC, NO. 117, 76TH CONGRESS, APPROVED JUNE 7, 1939) THE PROGRAM IS PLANNED TO LAST FOR A PERIOD OF FOUR YEARS. IT IS ESTIMATED THAT THE COST OF STATIONERY FOR USE ON THE STRATEGIC MINERALS INVESTIGATIONS, FOR THE FISCAL YEAR ENDING JUNE 30, 1940, WILL BE AT LEAST $2,000.

THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR THE FISCAL YEAR 1940 ( PUBLIC, NO. 68, 76TH CONGRESS, APPROVED MAY 10, 1939) AUTHORIZED THE EXPENDITURE OF $9,000 FROM BUREAU OF MINES APPROPRIATIONS FOR FIELD STATIONERY SUPPLIES, AND, IN ADDITION THERETO, THE BUREAU IS ALLOTTED $8,000 FOR STATIONERY AND MISCELLANEOUS SUPPLIES AND EQUIPMENT IN THE DISTRICT OF COLUMBIA FROM THE APPROPRIATION ENTITLED " CONTINGENT EXPENSES, DEPARTMENT OF THE INTERIOR, 1940.' AT THE TIME THAT THIS $17,000 ESTIMATE FOR STATIONERY AND MISCELLANEOUS SUPPLIES AND EQUIPMENT WAS MADE FOR THE FISCAL YEAR 1940, IT WAS NOT CONTEMPLATED THAT IT WOULD COVER STATIONERY NEEDED FOR THE STRATEGIC MINERALS INVESTIGATIONS, INASMUCH AS THERE WAS NO DEFINITE PROGRAM THEN IN EXISTENCE FOR THESE INVESTIGATIONS. NO SPECIFIC AUTHORITY IS CONTAINED IN THE WORDING OF THE THIRD DEFICIENCY ACT FOR THE PURCHASE OF STATIONERY AND MISCELLANEOUS SUPPLIES AND EQUIPMENT WAS MADE FOR THE FISCAL YEAR 1940, IT WAS NOT CONTEMPLATED THAT IT WOULD COVER STATIONERY NEEDED FOR THE STRATEGIC MINERALS INVESTIGATIONS, INASMUCH AS THERE WAS NO DEFINITE PROGRAM THEN IN EXISTENCE FOR THESE INVESTIGATIONS. NO SPECIFIC AUTHORITY IS CONTAINED IN THE WORDING OF THE THIRD DEFICIENCY ACT FOR THE PURCHASE OF STATIONERY AND SUPPLIES TO BE USED ON THE STRATEGIC MINERALS INVESTIGATIONS, ALTHOUGH IT WAS CONTEMPLATED THAT STATIONERY SHOULD BE INCLUDED AS A PART OF THE LEGITIMATE EXPENSE CHARGEABLE AGAINST THIS INVESTIGATION.

IN ORDER TO CARE FOR THE STATIONERY REQUIREMENTS OF THE STRATEGIC MINERALS INVESTIGATIONS DURING THE FISCAL YEAR ENDING JUNE 30, 1941, AN INCREASE OF $2,500 IS BEING REQUESTED IN THE AMOUNT AUTHORIZED TO BE EXPENDED FOR FIELD STATIONERY FROM BUREAU OF MINES APPROPRIATIONS DURING THAT FISCAL YEAR. IT IS OBVIOUS THAT IF, DURING THE FISCAL YEAR 1940, THE BUREAU OF MINES IS RESTRICTED TO THE $17,000 STATIONERY FUND, IT WILL NOT HAVE SUFFICIENT MONEY TO SUPPLY THE STATIONERY NEEDS FOR THE REGULAR WORK OF THE BUREAU AND THE STRATEGIC MINERALS INVESTIGATIONS. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER IT WILL BE PERMISSIBLE FOR THE BUREAU TO PURCHASE STATIONERY FROM THE APPROPRIATION ENTITLED "1INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY, BUREAU OF MINES, 1940," WHICH IS CONTAINED IN THE THIRDDEFICIENCY APPROPRIATION ACT, APPROVED AUGUST 9, 1939, FOR THE USE IN THE INVESTIGATIONS TO BE CARRIED ON UNDER AUTHORITY OF THAT ACT.

THE CONTINGENT EXPENSE APPROPRIATION FOR THE DEPARTMENT OF THE INTERIOR, ACT OF MAY 10, 1939, PUBLIC, NO. 68, PROVIDES:

FOR CONTINGENT EXPENSES OF THE OFFICE OF THE SECRETARY AND THE BUREAUS AND OFFICES OF THE DEPARTMENT; * * * STATIONERY, INCLUDING TAGS, LABELS, INDEX CARDS, CLOTH-LINED WRAPPERS, AND SPECIMEN BAGS, PRINTED IN THE COURSE OF MANUFACTURE, AND SUCH PRINTED ENVELOPES AS ARE NOT SUPPLIED UNDER CONTRACTS MADE BY THE POSTMASTER GENERAL, FOR THE DEPARTMENT AND ITS SEVERAL BUREAUS AND OFFICES, * * * $125,000; AND, IN ADDITION THERETO, SUMS AMOUNTING TO $49,600 FOR STATIONERY SUPPLIES SHALL BE DEDUCTED FROM OTHER APPROPRIATIONS MADE FOR THE FISCAL YEAR 1940 AS FOLLOWS: * * * BUREAU OF MINES, $9,000; * * *

SECTION 7 OF THE ACT OF JUNE 7, 1939, PUBLIC, NO. 117, PROVIDES:

(A) THAT THE SECRETARY OF THE INTERIOR, THROUGH THE DIRECTOR OF THE BUREAU OF MINES AND THE DIRECTOR OF THE GEOLOGICAL SURVEY, IS HEREBY AUTHORIZED AND DIRECTED TO MAKE SCIENTIFIC, TECHNOLOGIC, AND ECONOMIC INVESTIGATIONS CONCERNING THE EXTENT AND MODE OF OCCURRENCE, THE DEVELOPMENT, MINING, PREPARATION, TREATMENT, AND UTILIZATION OF ORES AND OTHER MINERAL SUBSTANCES FOUND IN THE UNITED STATES OR ITS TERRITORIES, OR INSULAR POSSESSIONS, WHICH ARE ESSENTIAL TO THE COMMON DEFENSE OR THE INDUSTRIAL NEEDS OF THE UNITED STATES, AND THE QUANTITIES OR GRADES OF WHICH ARE INADEQUATE FROM KNOWN DOMESTIC SOURCES, IN ORDER TO DETERMINE AND DEVELOP DOMESTIC SOURCES OF SUPPLY, TO DEVISE NEW METHODS FOR THE TREATMENT AND UTILIZATION OF LOWER GRADE RESERVES, AND TO DEVELOP, ON PUBLIC LANDS AND ON PRIVATELY OWNED LANDS, WITH THE CONSENT OF THE OWNER, DEPOSITS OF SUCH MINERALS, INCLUDING CORE DRILLING, TRENCHING, TEST PITTING, SHAFT SINKING, DRIFTING, CROSS CUTTING, SAMPLING, AND METALLURGICAL INVESTIGATIONS AND TESTS AS MAY BE NECESSARY TO DETERMINE THE EXTENT AND QUALITY OF SUCH DEPOSITS, THE MOST SUITABLE METHODS OF MINING AND BENEFICIATING THEM, AND THE COST AT WHICH THE MINERALS OR METALS MAY BE PRODUCED.

(B) FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1940, 1941, 1942, AND 1943, THE SUM OF $500,000, OF WHICH AMOUNT $350,000 SHALL BE APPROPRIATED TO THE BUREAU OF MINES AND $150,000 TO THE GEOLOGICAL SURVEY.

THE APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF SECTION 7 OF THE ACT OF JUNE 7, 1939, WAS MADE IN THE THIRD DEFICIENCY ACT OF AUGUST 9, 1939, PUBLIC, NO. 361, 53 STAT. 1317, IN THE FOLLOWING TERMS:

INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY: FOR EVERY EXPENDITURE REQUISITE FOR AND INCIDENT TO THE WORK OF THE BUREAU OF MINES IN PERFORMING THE DUTIES IMPOSED UPON IT BY SECTION 7 OF THE ACT OF JUNE 7, 1939 ( PUBLIC, NUMBERED 117, SEVENTY-SIXTH CONGRESS); INCLUDING THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS; NOT TO EXCEED $1,000 FOR PRINTING AND BINDING; NOT TO EXCEED $15,000 FOR PURCHASE, OPERATION, MAINTENANCE, AND REPAIR OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES FOR OFFICIAL USE IN FIELD WORK AND IN TRANSPORTING EMPLOYEES BETWEEN THEIR HOMES AND TEMPORARY LOCATIONS WHERE THEY MAY BE EMPLOYED; PURCHASE OF GOGGLES, GLOVES, RUBBER BOOTS, MINERS' HATS, APRONS, AND SUCH OTHER ARTICLES OF PERSONAL WEARING APPAREL OR EQUIPMENT AS MAY BE REQUIRED FOR THE PROTECTION OF EMPLOYEES WHILE ENGAGED IN THEIR WORK; THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF NECESSARY CAMP BUILDINGS AND MINING STRUCTURES AND APPURTENANCES THERETO; AND INCLUDING NOT TO EXCEED $15,000 FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA; FISCAL YEAR 1940, $350,000; PROVIDED, THAT SECTION 3709 OF THE REVISED STATUTES (41 U.S.C. 5) SHALL NOT BE CONSTRUED TO APPLY TO ANY PURCHASE OR SERVICE RENDERED WHEN THE AMOUNT INVOLVED DOES NOT EXCEED THE SUM OF $500.

THE GENERAL RULE, CONSISTENTLY FOLLOWED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT, IS THAT A SPECIFIC APPROPRIATION FOR A PARTICULAR CLASS OF EXPENDITURES IS AVAILABLE THEREFOR TO THE EXCLUSION OF A MORE GENERAL APPROPRIATION. 7 COMP. GEN. 400; 10 ID. 561. IN DECISION IN 4 COMP. GEN. 642, RENDERED JANUARY 30, 1925, TO THE SECRETARY OF THE INTERIOR, IT WAS HELD---

WHERE CONGRESS HAS SPECIFICALLY LIMITED THE AMOUNT TO BE EXPENDED FOR STATIONERY BY A DEPARTMENT DURING A FISCAL YEAR, A LATER APPROPRIATION PROVIDING FOR ADDITIONAL WORK TO BE CARRIED ON BY THAT DEPARTMENT DURING THE SAME FISCAL YEAR DOES NOT OF ITSELF AUTHORIZE THE EXCEEDING OF SUCH LIMITATION.

THE FACTS IN YOUR PRESENT SUBMISSION ARE SIMILAR TO THE FACTS IN THE ABOVE CITED DECISION AND FOR THE REASONS THEREIN STATED IT MUST BE HELD THAT THE APPROPRIATION FOR STRATEGIC MINERAL INVESTIGATIONS MAY NOT BE USED TO SUPPLEMENT THE AMOUNT AUTHORIZED BY LAW TO BE EXPENDED FOR STATIONERY SUPPLIES FOR THE BUREAU OF MINES OR FOR THE DEPARTMENT OF THE INTERIOR. SEE IN THIS CONNECTION SECTION 6 OF THE ACT OF AUGUST 23, 1912, 37 STAT. 414.