SEPTEMBER 29, 1923, 3 COMP. GEN. 169
Highlights
" IS NOT AVAILABLE FOR PRESS CLIPPINGS. 1923: I HAVE YOUR LETTER OF AUGUST 13. REQUESTING DECISION WHETHER THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION" IS AVAILABLE FOR THE EXPENSE OF A PRESS CLIPPING SERVICE. IT IS CLEARLY THE INTENT OF CONGRESS THAT THE PURCHASE OF NEWSPAPERS FOR THE EXECUTIVE DEPARTMENTS SHALL BE LIMITED. THE PURCHASE OF PRESS CLIPPINGS IS SO CLEARLY RELATED TO PURCHASE OF NEWSPAPERS THAT IT SEEMS ONLY REASONABLE TO ASSUME THAT THE PURCHASE OF PRESS CLIPPINGS CAN PROPERLY BE MADE ONLY IF SPECIFICALLY AUTHORIZED BY STATUTE OR APPROPRIATION. IT IS FOR ADMINISTRATIVE CONSIDERATION WHETHER THE NEWSPAPERS PURCHASED FOR THE USE OF THE DEPARTMENT OF LABOR OR ITS OFFICES MIGHT NOT BE UTILIZED FOR THE PURPOSE OF PROVIDING THE INFORMATION DESIRED BY THE COMMISSIONER OF IMMIGRATION AT ELLIS ISLAND.
SEPTEMBER 29, 1923, 3 COMP. GEN. 169
PRESS CLIPPINGS - DEPARTMENT OF LABOR IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION," IS NOT AVAILABLE FOR PRESS CLIPPINGS, THE PURCHASE THEREOF BEING SUBJECT TO THE SAME GENERAL RESTRICTIONS AS THE PURCHASE OF NEWSPAPERS.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, SEPTEMBER 29, 1923:
I HAVE YOUR LETTER OF AUGUST 13, 1923, REQUESTING DECISION WHETHER THE APPROPRIATION "EXPENSES OF REGULATING IMMIGRATION" IS AVAILABLE FOR THE EXPENSE OF A PRESS CLIPPING SERVICE.
THE APPROPRIATION IN QUESTION PROVIDES FOR ENFORCEMENT OF THE LAWS REGULATING THE IMMIGRATION OF ALIENS INTO THE UNITED STATES INCLUDING THE CONTRACT LABOR LAWS; SALARIES AND EXPENSES OF ALL OFFICERS, CLERKS AND EMPLOYEES APPOINTED TO ENFORCE SUCH LAWS; ALL TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF LABOR.
SECTION 192, REVISED STATUTES, PROVIDES---
THE AMOUNT EXPENDED IN ANY ONE YEAR FOR NEWSPAPERS FOR ANY DEPARTMENT EXCEPT THE DEPARTMENT OF STATE INCLUDING ALL THE BUREAUS AND OFFICES CONNECTED THEREWITH, SHALL NOT EXCEED $100.
IT IS CLEARLY THE INTENT OF CONGRESS THAT THE PURCHASE OF NEWSPAPERS FOR THE EXECUTIVE DEPARTMENTS SHALL BE LIMITED. THE PURCHASE OF PRESS CLIPPINGS IS SO CLEARLY RELATED TO PURCHASE OF NEWSPAPERS THAT IT SEEMS ONLY REASONABLE TO ASSUME THAT THE PURCHASE OF PRESS CLIPPINGS CAN PROPERLY BE MADE ONLY IF SPECIFICALLY AUTHORIZED BY STATUTE OR APPROPRIATION. IT IS FOR ADMINISTRATIVE CONSIDERATION WHETHER THE NEWSPAPERS PURCHASED FOR THE USE OF THE DEPARTMENT OF LABOR OR ITS OFFICES MIGHT NOT BE UTILIZED FOR THE PURPOSE OF PROVIDING THE INFORMATION DESIRED BY THE COMMISSIONER OF IMMIGRATION AT ELLIS ISLAND. IN THIS CONNECTION SEE 1 COMP. GEN., 92.
THE EXPENSE OF A PRESS CLIPPING SERVICE IS IN THE NATURE OF A CONTINGENT EXPENSE AND IF PAID AT ALL IT SHOULD BE FROM THE CONTINGENT FUND OF THE DEPARTMENT OF LABOR. THE CONTINGENT FUND OF THE TREASURY DEPARTMENT IS SPECIFICALLY MADE AVAILABLE FOR NEWSPAPER CLIPPINGS WHICH INDICATES THAT CONGRESS CONSIDERS THEIR PURCHASE AS OF THE CLASS OF CONTINGENT EXPENSES AND REQUIRING SPECIFIC AUTHORIZATION.
YOU ARE ADVISED THAT SINCE THE APPROPRIATION FOR "EXPENSES OF REGULATING IMMIGRATION" IS IN GENERAL TERMS AND IS NOT SPECIFICALLY AVAILABLE FOR THE PURCHASE OF NEWSPAPER CLIPPINGS, SUCH PURCHASE IS NOT AUTHORIZED.