B-123469 April 14, 1955

B-123469 April 14, 1955

Honorable Glenard P. Lipscomb House of Representatives

Dear Mr. Lipscomb:

Reference is made to your letter of March 29, 1955, with which you transmitted a copy of R.R. 4534, 84th Congress. If enacted, the bill would be amend section 2 of the act of May 17, 1910, 36 Stat. 371, so as to remove the $10,000 ceiling on funds authorized to be appropriated for the expenses of the Commission of Fine Arts. It is explained that for the past several years and regardless of the amount thus authorized to be appropriated, funds in excess of $10,000 have been appropriated to the Commission. You ask whether this is an exceptional situation and whether we have ever made any study of this matter and found similar situations to exist concerning other departments, agencies, or commissions.

While legislation providing for an appropriation of funds in excess of the amount contained in a related authorization act apparently would be subject to a point of order under rule 21 of the Rules of the House of Representatives, there would be no basis on which we could question otherwise proper expenditures of funds actually appropriated. Such being the case, we have had no occasion to make a study of the matter and are, therefore, unable to advise you as to the number of similar situations that may exist. It is suggested, however, that the Bureau of the Budget may be in a position to supply you with the information you desire.

Your question concerning the propriety of the construction of certain roads by the National Park Service will, as promptly as possible, be made the subject of a separate letter.

Sincerely yours,

JOSEPH CAMPBELL Comptroller General of the United States