B-95480, AUGUST 7, 1950, 30 COMP. GEN. 70

B-95480: Aug 7, 1950

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PRINTING AND BINDING - REPORTS REQUIRED BY AND FOR EXCLUSIVE USE OF CONGRESS - APPROPRIATION CHARGEABLE REPORTS SUBMITTED TO CONGRESS BY THE DEPARTMENT OF COMMERCE UNDER AUTHORITY OF SECTION 8 OF THE FEDERAL AIRPORT ACT ARE FOR THE EXCLUSIVE USE OF CONGRESS AND ARE NOT REPORTS EMANATING FROM AN EXECUTIVE DEPARTMENT OF THE GOVERNMENT WITHIN THE MEANING OF THE JOINT RESOLUTION OF MARCH 30. THE COST OF THE COMPOSITION AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION OF SUCH REPORTS FOR PRINTING IS CHARGEABLE TO THE APPROPRIATION FOR PRINTING AND BINDING FOR CONGRESS RATHER THAN TO THE APPROPRIATIONS OF THE DEPARTMENT. 1950: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 11. REQUESTING A DECISION AS TO THE PROPER APPROPRIATION TO BE CHARGED FOR THE COST OF THE COMPOSITION AND OTHER WORK INVOLVED IN THE PREPARATION FOR PRINTING OF A REPORT WHICH WAS SUBMITTED TO THE CONGRESS BY THE ACTING SECRETARY OF COMMERCE ON APRIL 18.

B-95480, AUGUST 7, 1950, 30 COMP. GEN. 70

PRINTING AND BINDING - REPORTS REQUIRED BY AND FOR EXCLUSIVE USE OF CONGRESS - APPROPRIATION CHARGEABLE REPORTS SUBMITTED TO CONGRESS BY THE DEPARTMENT OF COMMERCE UNDER AUTHORITY OF SECTION 8 OF THE FEDERAL AIRPORT ACT ARE FOR THE EXCLUSIVE USE OF CONGRESS AND ARE NOT REPORTS EMANATING FROM AN EXECUTIVE DEPARTMENT OF THE GOVERNMENT WITHIN THE MEANING OF THE JOINT RESOLUTION OF MARCH 30, 1906, AND, THEREFORE, THE COST OF THE COMPOSITION AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION OF SUCH REPORTS FOR PRINTING IS CHARGEABLE TO THE APPROPRIATION FOR PRINTING AND BINDING FOR CONGRESS RATHER THAN TO THE APPROPRIATIONS OF THE DEPARTMENT.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, AUGUST 7, 1950:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 11, 1950, REQUESTING A DECISION AS TO THE PROPER APPROPRIATION TO BE CHARGED FOR THE COST OF THE COMPOSITION AND OTHER WORK INVOLVED IN THE PREPARATION FOR PRINTING OF A REPORT WHICH WAS SUBMITTED TO THE CONGRESS BY THE ACTING SECRETARY OF COMMERCE ON APRIL 18, 1949, UNDER AUTHORITY OF SECTION 8 OF THE FEDERAL AIRPORT ACT, PUBLIC LAW 377, 79TH CONGRESS, 60 STAT. 174, 49 U.S.C. 1107, AND THEREAFTER PRINTED AS SENATE DOCUMENT 77, 81ST CONGRESS.

IT IS STATED THAT THE GOVERNMENT PRINTING OFFICE CHARGED THE COST OF PREPARING THIS REPORT FOR PRINTING TO THE DEPARTMENT OF COMMERCE, UNDER THE AUTHORITY OF PUBLIC RESOLUTION 13, APPROVED MARCH 30, 1906, 34 STAT. 825, 44 U.S.C. 214, AND THAT THE DEPARTMENT OF COMMERCE HAS QUESTIONED THE LEGALITY OF CHARGING THE PREPARATORY COST OF THIS AND SIMILAR REPORTS TO THEM UNDER SAID STATUTE. YOU CALL ATTENTION ALSO TO THE FACT THAT THERE HAVE BEEN TWO PREVIOUS REPORTS UNDER PUBLIC LAW 377, 79TH CONGRESS; NAMELY, SENATE DOCUMENT NO. 14, 80TH CONGRESS, ST SESSION, AND SENATE DOCUMENT NO. 151, 80TH CONGRESS, 2ND SESSION, AND YOUR REQUEST FOR A DECISION INCLUDES THESE REPORTS AND OTHERS THAT MAY FOLLOW UNDER SECTION 8 OF THE FEDERAL AIRPORT ACT.

PUBLIC RESOLUTION 13, SUPRA, PROVIDES, IN PART, AS FOLLOWS:

IN THE PRINTING AND BINDING OF DOCUMENTS OR REPORTS EMANATING FROM THE EXECUTIVE DEPARTMENTS, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT, THE COST OF WHICH WAS, ON MARCH 30, 1906, CHARGED TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS, OR TO APPROPRIATIONS OR ALLOTMENTS OF APPROPRIATIONS OTHER THAN THOSE MADE TO THE EXECUTIVE DEPARTMENTS, BUREAUS, OR INDEPENDENT OFFICES OF THE GOVERNMENT, THE COST OF ILLUSTRATIONS, COMPOSITION, STEREOTYPING, AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION FOR PRINTING, APART FROM THE CREATION OF MANUSCRIPT, SHALL BE CHARGED TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATION FOR THE PRINTING AND BINDING OF THE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT IN WHICH SUCH DOCUMENTS OR REPORTS ORIGINATE; THE BALANCE OF COST SHALL BE CHARGED TO THE ALLOTMENT FOR PRINTING AND BINDING FOR CONGRESS, AND TO THE APPROPRIATION OR ALLOTMENT OF APPROPRIATION OF THE EXECUTIVE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE OF THE GOVERNMENT, IN PROPORTION TO THE NUMBER DELIVERED TO EACH; THE COST OF ANY COPIES OF SUCH DOCUMENTS OR REPORTS DISTRIBUTED OTHERWISE THAN THROUGH CONGRESS, OR THE EXECUTIVE DEPARTMENTS, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT, IF SUCH THERE BE, SHALL BE CHARGED AS OTHERWISE PROVIDED. * *

THE ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE RENDERED SEVERAL DECISIONS WITH RESPECT TO THE APPLICATION OF THE QUOTED PROVISION ON SITUATIONS INVOLVING THE PRINTING OF REPORTS OF FEDERAL DEPARTMENTS AND AGENCIES. IS BELIEVED THAT THE HOLDING IN 12 COMP. GEN. 51 ADEQUATELY EXPRESSES THE RULE WITH REGARD TO THE MATTER HERE UNDER CONSIDERATION. THE SYLLABUS OF THAT DECISION IS AS FOLLOWS:

ANNUAL OR OTHER PERIODICAL REPORTS FROM AN EXECUTIVE DEPARTMENT OR OFFICE OF THE GOVERNMENT SPECIFICALLY REQUIRED BY, AND FOR THE EXCLUSIVE USE OF THE CONGRESS, NOT REQUIRED BY LAW OR INTENDED TO BE DISTRIBUTED OR DELIVERED PARTLY TO THE CONGRESS AND PARTLY TO THE DEPARTMENT, BUREAU, OR INDEPENDENT OFFICE FROM WHICH ORIGINATED, ARE NOT "REPORTS EMANATING FROM THE EXECUTIVE DEPARTMENTS, BUREAUS, AND INDEPENDENT OFFICES OF THE GOVERNMENT" WITHIN THE MEANING OF THE JOINT RESOLUTION OF MARCH 30, 1906, 34 STAT. 825, THE COST OF WHICH IS REQUIRED TO BE CHARGED AGAINST APPROPRIATIONS FOR THE DEPARTMENT OR OFFICE FROM WHICH EMANATING, BUT WHEN ORDERED PRINTED BY THE CONGRESS, PAYMENT OF THE COST THEREOF IS FOR THE CONSIDERATION OF THE JOINT COMMITTEE ON PRINTING UNDER THE TERMS OF SECTION 2 (7) OF THE ACT OF MARCH 1, 1907, 34 STAT. 1012.

INASMUCH AS THE DEPARTMENT OF COMMERCE IS DIRECTLY CONCERNED WITH THE ADMINISTRATION OF THE FEDERAL AIRPORT ACT AND WITH THE QUESTION PRESENTED, THE SECRETARY OF COMMERCE, BY LETTER OF JUNE 1, 1950, WAS REQUESTED TO FURNISH A REPORT ON THE MATTER. THIS OFFICE IS NOW IN RECEIPT OF A COMMUNICATION FROM THAT DEPARTMENT QUOTED, IN PERTINENT PART, AS FOLLOWS:

THE CIVIL AERONAUTICS ADMINISTRATION, UNDER THE PROVISIONS OF SECTION 8, PUBLIC LAW, 377, 79TH CONGRESS, IS REQUIRED TO SUBMIT PRIOR TO THE CLOSE OF EACH FISCAL YEAR A REQUEST FOR AUTHORITY TO UNDERTAKE CERTAIN PROJECTS FOR THE DEVELOPMENT OF CLASS 4 AND LARGER AIRPORTS. PURSUANT TO THIS REQUIREMENT, A MIMEOGRAPHED LIST OF AIRPORTS WAS PREPARED AND SUBMITTED TO THE CONGRESS, AND REFERRED TO THE SENATE INTERSTATE AND FOREIGN COMMERCE COMMITTEE. IT WAS THEN ORDERED TO BE PRINTED BY THE COMMITTEE AS SENATE DOCUMENT NO. 77. THEREAFTER, AN INVOICE WAS RECEIVED BY THE DEPARTMENT OF COMMERCE FOR COSTS IN CONNECTION WITH THE PRINTING OF SENATE DOCUMENT NO. 77 IN THE AMOUNT OF $724.43. SIMILAR REPORTS WERE PRINTED PREVIOUS TO SENATE DOCUMENT NO. 77, NAMELY, SENATE DOCUMENT NO. 14, 80TH CONGRESS, ST SESSION, AND SENATE DOCUMENT NO. 151, 80TH CONGRESS, 2ND SESSION, FOR WHICH PAYMENT WAS NOT REQUESTED BY THE GOVERNMENT PRINTING OFFICE.

IT IS MY VIEW THAT CHARGES IN CONNECTION WITH THE COST OF PRINTING THESE REPORTS SHOULD NOT BE CHARGED TO THIS DEPARTMENT. THESE REPORTS ARE REQUIRED BY LAW AND THE INFORMATION THEREIN CONTAINED IS SPECIFICALLY REQUIRED BY AND FOR THE EXCLUSIVE USE OF THE CONGRESS. COPIES OF THESE REPORTS ARE NOT REQUI*ED TO BE DISTRIBUTED PARTLY TO CONGRESS AND PARTLY TO THIS DEPARTMENT OR OTHER AGENCIES OF THE GOVERNMENT. THIS DEPARTMENT DID NOT ORDER THE PRINTING OF THIS REPORT, AND HAD NO CONTROL OVER THE NUMBER OF COPIES PRINTED OR THE DISTRIBUTION THEREOF.

IN VIEW OF THE STATEMENTS MADE IN THE REPORT OF THE DE*ARTMENT OF COMMERCE, AND UNDER THE RULE STATED IN 12 COMP. GEN. 51, THE PRINTING OF THE REPORT IN QUESTION MAY NOT BE REGARDED AS EMANATING FROM THE EXECUTIVE DEPARTMENTS OF THE GOVERNMENT WITHIN THE MEANING OF JOINT RESOLUTION DATED MARCH 30, 1906, QUOTED ABOVE, BUT RATHER MUST BE REGARDED AS BEING FOR THE EXCLUSIVE USE AND BENEFIT OF THE CONGRESS.

ACCORDINGLY, FOR THE REASONS STATED ABOVE, YOU ARE ADVISED THAT THE COSTS OF THE COMPOSITION AND OTHER WORK INVOLVED IN THE ACTUAL PREPARATION OF THE SUBJECT REPORTS ARE NOT CHARGEABLE TO THE APPROPRIATIONS OF THE DEPARTMENT OF COMMERCE BUT RATHER ARE CHARGEABLE TO THE ALLOTMENT OF APPROPRIATION FOR PRINTING AND BINDING FOR CONGRESS. SEE THE PROVISIONS OF THE ACT OF MARCH 1, 1907, 44 U.S.C. 144.