B-5526 September 14, 1939

B-5526 September 14, 1939

Chairman Civil Aeronautics Authority Washington, D.C.

Sir:

There has been received letter of the Director of Budget and Finances, Civil Aeronautics Authority, dated July 8, 1939, as follows:

"Reference is made to your letter dated March 29, 1939, file AB 2.1 HCS, transmitting list of appropriation symbols and titles with limitation symbols prescribed under General Regulations No. 83, dated June 9, 1936.

"Under the appropriation 7200106, Salaries and Expenses, Civil Aeronautics Authority, 1940, limitation symbol No. .002 has been provided for 'Purchase and Exchange of Aircraft, Aircraft Power Plants, Propellers and Equipment and Spare Parts Therefor, Not to exceed $400,000), operation, maintenance, repair, and overhaul of aircraft, aircraft power plants, propellers and equipment, and spare parts therefor;'

"When drafting this language in the appropriation act, this office intended that the limitation of $400,000 apply only to purchase and exchange of aircraft, and not to 'aircraft power plants, propellers and equipment and spare parts therefore.' This position is supported by the fact that the appropriation language for purchase and exchange of passenger carrying automobiles is similar to the language for the purchase and exchange of aircraft, and limitation symbol No. .003 provides Purchase and exchange of passenger carrying automobiles, not to exceed $45,000.' Accordingly, it is requested that the language of this limitation symbol be changed to show only Purchase and Exchange of Aircraft, not to exceed $400,000.'

"Under the appropriation title 7200102, Establishment of Air Navigation Facilities, Civil Aeronautics Authority, 1940, limitation symbol No. .002 has been provided for 'Payment of Contractual Obligations Authorized to be Incurred Prior to July 1, 1939, shall be available, $2,000,000.'

"As interpreted by this office, the language employed in the Act is not in the nature of a limitation. Instead it is intended as being explanatory of the fact that funds are provided to cover the contracts authorized in the 1939 Act. If, however, the contractual obligations so incurred are less than $2,000,000, the balance automatically reverts to limitation symbol No. .001, 'All Other Expenditures,' and this limitation symbol should be increased accordingly.

"It will be appreciated if you will advise this office as promptly as possible concerning the corrected language applying to the limitation symbol numbers referred to above."

The appropriation concerned in paragraphs 2 and 3 of the above quoted letter is as follows:

"Salaries and expenses: For salaries and expenses of Civil Aeronautics Authority, including the expenses of operation, maintenance, and upkeep of air navigation facilities, in carrying out the duties, powers, and functions devolving upon it pursuant to the authority contained in the Civil Aeronautics Act of 1938 (52 Stat. 973), including traveling expenses and expenses of employees detailed by the Chairman of the Authority or the Administrator to attend meetings of associations, organizations, or other properly constituted bodies concerned with the civil aeronautics industry of the art of aeronautics, in the United States or in foreign countries: personal services and rentals in the District of Columbia and elsewhere including expenses of the Air Safety Board other than those specifically provided for under "Salaries and Expenses Air Safety Board", contract stenographic reporting services; fees and mileage of witnesses; examination of estimates of appropriations in the field, including actual expenses of subsistence or per diem allowance in lieu thereof; expenses of packing, crating, drayage, and transportation of household effects and other personal property (not exceeding in any one case five thousand pounds) of employees when transferred from one official station to another for permanent duty, upon specific authorization by the Chairman of the Authority or the Administrator; purchase and exchange of professional and scientific books, law books, books of reference, atlases and maps, periodicals and newspapers; purchase and exchange (not to exceed $400,000), operation, maintenance, repair, and overhaul of aircraft, aircraft power plants, propellers and equipment, and spare parts therefore; purchase and exchange (not to exceed $45,000), hire, maintenance, repair, and operation of passenger-carrying automobiles, including two automobiles for use in the District of Columbia; and purchases of special clothing, wearing apparel, and suitable equipment for aviation purposes (including rubber boots, snowshoes, and skis), $13,738,000, of which $557,000 shall be available for the Technical Development Division: Provided, That this appropriation shall be available for payments, at a rate not to exceed 3 cents per mile, to maintenance and operating personnel, as reimbursement to such personnel of the expenses of necessary travel in their personally owned automobiles within the limits of their official posts of duty when such travel is performed in connection with the maintenance and operation of remotely controlled air navigation facilities." (Act of March 16, 1939, 53 Stat. 526.) (Underscoring supplied)

The limitation account "7200106.002 Purchase and Exchange of Aircraft, Aircraft Power Plants, Propellers and Equipment and Spare Parts Therefore, Not to Exceed $400,000," was prescribed to provide an accounting control over the limitation embodied in the underscored portion of the foregoing appropriation. The language is so clear and unambiguous as not to require construction. The words "purchase and exchange (not toe exceed $400,000)" contained therein clearly apply to all of the objects of the preposition "of" in the same phrase, to wit: "aircraft, aircraft power plants, propellers and equipment, and spare parts therefor." It is a well recognized rule of statutory construction that where the language of the statute is clear and precise and its meaning is evident, there is no reason for construction and consequently the administrative intent as to what was desired to be accomplished may be given effect when inconsistent with the language of the statute. Accordingly, the limitation, Symbol No. "7200106.002" must be continued as originally prescribed.

The appropriation referred to in paragraphs 4 and 5 of the letter, supra, provides as follows:

Establishment of air-navigation facilities: For the establishment of additional air navigation Facilities, including the equipment of additional civil airways for day and night flying the construction of additional necessary lighting, radio, and other signaling and communicating structures and apparatus; the alteration and modernization of existing air Navigation facilities; and for the acquisition of the necessary sites by lease or grant, $7,000,,000, of which amount$2,000,000 shall be available for the payment of contractual obligations authorized to be incurred prior to July 1, 1939: Provided, That in addition to the amount herein appropriated, the Administrator may, prior to July 1, 1940, enter into contracts for the purchase, construction, and installation of additional air navigation aids not in excess of $2,000,000: Provided further, That this construction work may be accomplished either by contract or by purchase and hire: Provided further, That not to exceed 5 per centum of the amount herein appropriated shall be available for the temporary employment and travel in the field of personnel required in the supervision of this construction work." (Act of March 16, 1939, 53 Stat. 527.) (Underscoring supplied.)

While it is contended by the Authority that the underscored portion of the foregoing appropriation "is not in the nature of a limitation" there appears to be no question under the language used that not more than $2,000,000 of the appropriation could be used for the payment of contractual obligations incurred prior to July 1, 1939. The amount authorized to be expended for that purpose being so limited there was prescribed the limitation account "7200102.002" so that a proper accounting control of the limitation may be maintained. The establishing of such limitation account, however, will not be considered as requiring that the amount set up under such account be available only and exclusively for the purpose of the limitation account. On the contrary if the full amount so made available is not needed for such purpose the balance may be used for the other purposes of the appropriation.

Respectfully,

Fred H. Brown Comptroller General of the United States

1. Returned herewith is file (Misc-Col-073562-LP) transmitted with proposed draft of letter to the Administrator of Veterans' Affairs relative to the indebtedness to the United States of Warren S. Jackman, A- 3, 633, 603 on account of an overpayment made in final settlement of his adjusted service certificate and requesting that proper administrative action be taken to recover the amount involved from the officer certifying the voucher on which the overpayment was made. Such draft of letter is for disposition in accordance with instructions given in B-5430-O.M., dated August 25, 1939. See, also, B-5600-O.M., dated August 30, 1939.

2. With respect to letter dated August 15, 1939, from the Administrator, forwarded herewith, formal action towards effecting collection from the involved certifying officer may be deferred pending action in the next session of the Congress on the request made for legislative relief. See instructions to you under date of July 15, 1939, A-99561-O.M. See, also, B-4111-O.M., dated August 8, 1939--but in that connection attention is invited to letter dated August 29, 1939, B-1651, to the Administrator of Veterans' Affairs wherein the following was stated:

3. "Action by this office in holding the certifying officers liable for the erroneous payments is necessitated by the provisions of section 4 of Executive Order No. 6166 of June 10, 1933, and, of course, notice of such action must be sent to such officers to effective."