MARCH 11, 1922, 1 COMP. GEN. 494

MARCH 11, 1922, 1 COMP. GEN. 494

APPROPRIATIONS - WORLD WAR FOREIGN DEBT COMMISSION THE ACT OF FEBRUARY 9, 1922, 42 STAT., 363, CREATING THE WORLD WAR FOREIGN DEBT COMMISSION, DOES NOT DECLARE AN APPROPRIATION, AND, IN VIEW OF THE EXPRESS PROHIBITION BY THE ACT OF JUNE 30, 1906, 34 STAT., 754, IT CAN NOT BE CONSTRUED AS MAKING AN APPROPRIATION; AND THERE IS ACCORDINGLY NO APPROPRIATION AVAILABLE FOR EXPENSES OF THAT COMMISSION, AS DISTINGUISHED FROM GENERAL EXPENSES OF TREASURY OPERATIONS CONNECTED WITH LOANS TO FOREIGN COUNTRIES.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE TREASURY, EX OFFICIO CHAIRMAN WORLD WAR FOREIGN DEBT COMMISSION, MARCH 11, 1922:

I HAVE YOUR LETTER OF MARCH 4, 1922, REQUESTING DECISION WHAT APPROPRIATION, IF ANY, IS AVAILABLE FOR PAYMENT OF EXPENSES OF THE WORLD WAR FOREIGN DEBT COMMISSION CREATED BY THE ACT OF FEBRUARY 9, 1922, 42 STAT., 363, TO TAKE UP THE WORK OF REFUNDING OR CONVERTING AND EXTENDING TIME OF PAYMENT OF OBLIGATIONS OF ANY FOREIGN GOVERNMENT THEN HELD OR THEREAFTER RECEIVED BY THE UNITED STATES (INCLUDING OBLIGATIONS HELD BY THE UNITED STATES GRAIN CORPORATION, THE WAR DEPARTMENT, THE NAVY DEPARTMENT, OR THE AMERICAN RELIEF ADMINISTRATION).

THE WORLD WAR FOREIGN DEBT COMMISSION IS CREATED AN INDEPENDENT ESTABLISHMENT WITH THE SECRETARY OF THE TREASURY AS CHAIRMAN. THIS DECISION THEREFORE IS RENDERED TO YOU IN YOUR CAPACITY AS CHAIRMAN OF THE COMMISSION.

THE ACT CREATING THIS COMMISSION DOES NOT PROVIDE AN APPROPRIATION FOR ITS EXPENSES NOR DOES IT SPECIFY WHAT EXPENSES, IF ANY, SHALL BE INCURRED BY OR IN BEHALF OF THE COMMISSION NOR HOW THEY SHALL BE PAID IF INCURRED.

THE APPROPRIATIONS FOR EXPENSES OF LOANS MADE BY THE ACTS OF APRIL 24, 1917, 40 STAT., 37, AND SEPTEMBER 24, 1917, 40 STAT., 292, WHICH MIGHT OTHERWISE PERHAPS HAVE BEEN AVAILABLE FOR PAYMENT OF EXPENSES INCURRED IN CONNECTION WITH LOANS TO FOREIGN GOVERNMENTS WERE BARRED BY THE PROVISION IN THE ACT OF MAY 29, 1920, 41 STAT., 646, THAT THOSE APPROPRIATIONS SHALL NOT BE AVAILABLE FOR OBLIGATION AFTER JUNE 30, 1921, AND THAT BALANCES THEREOF REMAINING ON THE BOOKS OF THE TREASURY DEPARTMENT JUNE 30, 1922, SHALL BE COVERED INTO THE TREASURY AND CARRIED TO THE SURPLUS FUND. THE ACT OF JUNE 16, 1921, 42 STAT., 36, RESTORES THESE APPROPRIATIONS TO AVAILABILITY FOR ANY OPERATION ARISING IN CONNECTION WITH PUBLIC DEBT ISSUES MADE SUBSEQUENTLY TO JUNE 30, 1921, NOTWITHSTANDING THE ACT OF MAY 29, 1920, AFORESAID, BUT IT WOULD SEEM THAT THIS PROVISION HAS TO DO WITH PUBLIC DEBT ISSUES HANDLED BY THE TREASURY DEPARTMENT AND NOT WITH REFUNDING OR CONVERSION BY THE WORLD WAR FOREIGN DEBT COMMISSION OF ISSUES OF FOREIGN GOVERNMENTS.

THE ACT OF MARCH 3, 1921, 41 STAT., 1266, APPROPRIATES FOR THE FISCAL YEAR 1922 FOR ALL NECESSARY EXPENSES CONNECTED WITH ANY OPERATIONS UNDER ANY OF THE LIBERTY BOND OR VICTORY BOND ACTS, OR CONNECTED WITH ANY OPERATIONS IN CONNECTION WITH OTHER PUBLIC DEBT ISSUES OR UNITED STATES PAPER ISSUES WITH WHICH THE SECRETARY OF THE TREASURY IS CHARGED.

THE ACT OF JUNE 16, 1921, 42 STAT., 36, APPROPRIATES IN LUMP SUM FOR THE FISCAL YEAR 1922, FOR---

EXPENSES ARISING IN CONNECTION WITH LOANS AND CREDITS TO FOREIGN GOVERNMENTS UNDER THE LIBERTY LOAN ACTS AND THE VICTORY LIBERTY LOAN ACT AND IN CONNECTION WITH CREDITS GRANTED OR CONDITIONS ENTERED INTO UNDER THE ACT PROVIDING FOR THE RELIEF OF POPULATIONS IN EUROPE AND CONTIGUOUS COUNTRIES.

SECTION 9 OF THE ACT OF JUNE 30, 1906, 34 STAT., 764, PROVIDES THAT NO ACT OF CONGRESS SHALL BE CONSTRUED TO MAKE AN APPROPRIATION UNLESS SUCH ACT SHALL IN SPECIFIC TERMS DECLARE AN APPROPRIATION TO BE MADE. THE ACT OF FEBRUARY 9, 1922, DOES NOT DECLARE AN APPROPRIATION AND CAN NOT THEREFORE BE CONSTRUED AS MAKING AN APPROPRIATION FOR EXPENSES OF THE COMMISSION OR AS EXTENDING TO SUCH EXPENSES APPROPRIATIONS WHICH WERE MADE IN GENERAL TERMS FOR EXPENSES OF ANOTHER SERVICE.

I FIND NO APPROPRIATION AVAILABLE FOR EXPENSES OF THE WORLD WAR FOREIGN DEBT COMMISSION. YOUR SUBMISSION DOES NOT INDICATE THE CHARACTER OF THE EXPENSES OF THE COMMISSION WHICH IT IS PROPOSED TO INCUR. THE APPROPRIATIONS MADE BY THE ACTS OF MARCH 3, 1921, AND JUNE 16, 1921, HEREINBEFORE CITED, ARE AVAILABLE FOR EXPENSES OF ACTIVITIES OF THE TREASURY DEPARTMENT WHICH THEY COVER AND MAY BE USED FOR THOSE ACTIVITIES BUT THERE IS NO APPROPRIATION FOR EXPENSES OF THE COMMISSION AS DISTINGUISHED FROM GENERAL EXPENSES OF TREASURY OPERATIONS CONNECTED WITH LOANS TO FOREIGN COUNTRIES.