B-99350, JANUARY 2, 1951, 30 COMP. GEN. 258

B-99350: Jan 2, 1951

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THEREFORE THERE IS NO LEGAL BASIS FOR REIMBURSING THE APPROPRIATION OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE FOR EXPENSES AND OBLIGATIONS OTHERWISE PROPERLY INCURRED PRIOR TO SEPTEMBER 27. 1951: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8. REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT BUREAU VOUCHER NO. 1 2829. ON WHICH IT IS PROPOSED TO REIMBURSE THE APPROPRIATION " SALARIES AND EXPENSES. IN YOUR LETTER IT IS STATED. WHICH DATES ARE THE DATES OF APPROVAL OF THE DEFENSE PRODUCTION ACT OF 1950 ( PUBLIC LAW 774) AND THE SUPPLEMENTAL APPROPRIATION ACT. CERTAIN FUNCTIONS WERE DELEGATED TO THE DEPARTMENT OF COMMERCE PURSUANT TO THE SAID DEFENSE PRODUCTION ACT OF 1950 BUT THAT.

B-99350, JANUARY 2, 1951, 30 COMP. GEN. 258

APPROPRIATIONS - BUREAU OF FOREIGN AND DOMESTIC COMMERCE - REIMBURSEMENT FOR DEFENSE PRODUCTION OBLIGATIONS INCURRED PRIOR TO DEFENSE PRODUCTION APPROPRIATION THE ACT OF SEPTEMBER 27, 1950, APPROPRIATING FUNDS FOR THE PAYMENT OF OBLIGATIONS INCURRED PURSUANT TO THE DEFENSE PRODUCTION ACT OF 1950 CONTAINS NO AUTHORITY FOR THE PAYMENT OF EXPENSES OF DEFENSE PRODUCTION INCURRED PRIOR TO SEPTEMBER 27, 1950, OR FOR THE TRANSFER OF ANY FUNDS FOR THE PURPOSE OF REIMBURSING APPROPRIATIONS FOR OBLIGATIONS AND EXPENSES SO INCURRED, AND THEREFORE THERE IS NO LEGAL BASIS FOR REIMBURSING THE APPROPRIATION OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE FOR EXPENSES AND OBLIGATIONS OTHERWISE PROPERLY INCURRED PRIOR TO SEPTEMBER 27, 1950, IN THE PERFORMANCE OF ADDITIONAL DEFENSE PRODUCTION FUNCTIONS IMPOSED UPON THAT BUREAU BY EXECUTIVE ORDER.

COMPTROLLER GENERAL WARREN TO ABRAHAM STARR, DEPARTMENT OF COMMERCE, JANUARY 2, 1951:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1950, FILE AS, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT BUREAU VOUCHER NO. 1 2829, THEREWITH SUBMITTED, ON WHICH IT IS PROPOSED TO REIMBURSE THE APPROPRIATION " SALARIES AND EXPENSES, BUREAU OF FOREIGN AND DOMESTIC COMMERCE, 1951," FROM THE APPROPRIATION " EXPENSES, DEFENSE PRODUCTION, EXECUTIVE OFFICE OF THE PRESIDENT, 1951," IN THE AMOUNT OF $8,609.98 DISBURSED FOR PURPOSES OF DEFENSE PRODUCTION.

IN YOUR LETTER IT IS STATED, IN SUBSTANCE, THAT THE SAID VOUCHER COVERS EXPENSES INCURRED DURING THE PERIOD FROM SEPTEMBER 8 TO SEPTEMBER 27, 1950, WHICH DATES ARE THE DATES OF APPROVAL OF THE DEFENSE PRODUCTION ACT OF 1950 ( PUBLIC LAW 774) AND THE SUPPLEMENTAL APPROPRIATION ACT, 1951 ( PUBLIC LAW 843), RESPECTIVELY; THAT, BY EXECUTIVE ORDER NO. 10161 DATED SEPTEMBER 9, 1950, CERTAIN FUNCTIONS WERE DELEGATED TO THE DEPARTMENT OF COMMERCE PURSUANT TO THE SAID DEFENSE PRODUCTION ACT OF 1950 BUT THAT, SINCE NO APPROPRIATIONS TO CARRY OUT THE PURPOSES OF THE SAID ACT HAD BEEN MADE AT THAT TIME, AND DUE TO THE EMERGENCY NATURE OF THE DEFENSE PRODUCTION PLANS, THE BUREAU OF THE BUDGET INFORMALLY APPROVED A SPECIAL ALLOTMENT (225) UNDER THE ABOVE-MENTIONED APPROPRIATION " SALARIES AND EXPENSES, BUREAU OF FOREIGN AND DOMESTIC COMMERCE, 1951," FOR THE PURPOSE OF ,TEMPORARILY CHARGING TRANSACTIONS INCIDENT TO DEFENSE PRODUCTION, PENDING THE AVAILABILITY OF FUNDS.'

THE APPROPRIATION FOR EXPENSES OF DEFENSE PRODUCTION IS, IN PART, AS FOLLOWS:

FOR EXPENSES NECESSARY TO ENABLE THE PRESIDENT TO CARRY OUT THE PROVISIONS OF THE DEFENSE PRODUCTION ACT OF 1950 ( PUBLIC LAW 774), APPROVED SEPTEMBER 8, 1950 * * * $30,000,000.

THE LAW ( PUBLIC 843, 64 STAT. 1054) MAKING THE SAID APPROPRIATION CONTAINS NO PROVISION THAT FUNDS APPROPRIATED THEREIN WILL BE AVAILABLE FOR THE PAYMENT OF OBLIGATIONS INCURRED DURING THE PERIOD SEPTEMBER 8, 1950, THE DATE ON WHICH THE DEFENSE PRODUCTION ACT OF 1950 ( PUBLIC LAW 774, 64 STAT. 798) WAS APPROVED, TO SEPTEMBER 27, 1950, THE DATE OF THE APPROVAL OF PUBLIC LAW 843. MOREOVER, THE SAID APPROPRIATION ACT DOES NOT AUTHORIZE THE TRANSFER OF ANY FUNDS APPROPRIATED THEREBY FOR THE PURPOSE OF REIMBURSING APPROPRIATIONS CHARGED WITH OBLIGATIONS AND EXPENSES INCURRED PRIOR TO SEPTEMBER 27, 1950. CONSEQUENTLY, AND AS THE APPROPRIATION " SALARIES AND EXPENSES, BUREAU OF FOREIGN AND DOMESTIC COMMERCE" WAS AVAILABLE FOR AND PROPERLY CHARGED WITH OBLIGATIONS INCURRED IN THE PERFORMANCE OF THE ADDITIONAL FUNCTIONS IMPOSED UPON THE DEPARTMENT OF COMMERCE BY EXECUTIVE ORDER NO. 10161 (SEE 15 COMP. GEN. 167), THERE IS NO LEGAL BASIS FOR THE PROPOSED TRANSFER OF FUNDS.

ACCORDINGLY, THE VOUCHER TRANSMITTED WITH YOUR LETTER MAY NOT BE CERTIFIED FOR PAYMENT AND SAID VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE.