B-10079, MAY 23, 1940, 19 COMP. GEN. 949

B-10079, MAY 23, 1940, 19 COMP. GEN. 949

FEDERAL HOME LOAN BANK BOARD - STATUS AS INDEPENDENT AGENCY ENTITLED TO FREE COPIES OF PUBLIC BILLS SECTION 402 OF THE PRESIDENT'S REORGANIZATION PLAN NO. 1, COORDINATING THE FUNCTIONS AND ACTIVITIES OF THE FEDERAL HOME LOAN BANK BOARD AND OTHER LENDING AGENCIES UNDER THE FEDERAL LOAN ADMINISTRATOR, DID NOT CHANGE THE BOARD'S STATUS AS AN "EXECUTIVE OFFICE NOT CONNECTED WITH THE DEPARTMENTS," WITHIN THE MEANING OF THE STATUTE REQUIRING THE PUBLIC PRINTER TO FURNISH COPIES OF ALL PUBLIC BILLS AND RESOLUTIONS TO SUCH OFFICES WITHOUT CHARGE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PUBLIC PRINTER, MAY 23, 1940:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 2, 1940, AS FOLLOWS:

THERE HAS BEEN RECEIVED FROM THE GENERAL COUNSEL, FEDERAL HOME LOAN BANK BOARD, LETTER DATED MARCH 15, 1940, COPY ATTACHED, WHICH STATES THAT THE FEDERAL HOME LOAN BANK BOARD WAS NOT CONSOLIDATED UNDER THE FEDERAL LOAN AGENCY BY OPERATION OF REORGANIZATION PLAN NO. 1 WHICH ESTABLISHED THE FEDERAL LOAN AGENCY. THE GENERAL COUNSEL FURTHER INDICATES THAT, AS THE REORGANIZATION PLAN DID NOT CONSOLIDATE THE FEDERAL HOME LOAN BANK BOARD UNDER THE FEDERAL LOAN AGENCY, IT WOULD NOT BE PROPER FOR THE GOVERNMENT PRINTING OFFICE TO CHARGE THE FEDERAL HOME LOAN BANK BOARD FOR PRINTED COPIES OF BILLS AND RESOLUTIONS INTRODUCED BEFORE CONGRESS WHICH ARE AUTHORIZED TO BE SUPPLIED TO THE HEADS OF EXECUTIVE DEPARTMENTS AND SUCH EXECUTIVE OFFICES AS ARE NOT CONNECTED WITH DEPARTMENTS IN ACCORDANCE WITH THE PROVISIONS OF TITLE 44, U.S.C. 215.

THIS BOARD IS NOT THE ONLY AGENCY INCLUDED IN REORGANIZATION PLAN NO. 1 WHICH APPEARS NOT TO HAVE BEEN CONSOLIDATED UNDER THE FEDERAL LOAN AGENCY, BUT IT DOES APPEAR TO THIS OFFICE THAT THE FEDERAL HOME LOAN BANK BOARD WAS GROUPED AMONG OTHER AGENCIES AND PLACED UNDER THE FEDERAL LOAN AGENCY, AND THAT THE FEDERAL LOAN AGENCY IS THE ONE IN THIS CASE THAT IS TO BE CONSIDERED IN ACCORDANCE WITH THE LAW CITED, PART OF WHICH READS AS FOLLOWS: "* * * THE PUBLIC PRINTER SHALL SEND TO EACH EXECUTIVE DEPARTMENT AND TO EACH EXECUTIVE OFFICE NOT CONNECTED WITH THE DEPARTMENTS, AS SOON AS PRINTED, FIVE COPIES OF ALL BILLS AND RESOLUTIONS, * * *.'

AS THE COPIES OF BILLS AND RESOLUTIONS, FURNISHED PURSUANT TO THE LAW CITED, ARE PROVIDED FREE OF CHARGE TO THE FEDERAL AGENCIES CONTEMPLATED BY THE LAW, IT IS THE DESIRE OF THIS OFFICE FOR DECISION AS TO THE AVAILABILITY OF THE APPROPRIATION FOR PRINTING AND BINDING, GOVERNMENT PRINTING OFFICE, TO BE USED FOR THE PURPOSE OF FURNISHING SUCH COPIES OF BILLS AND RESOLUTIONS, FREE OF CHARGE, TO THE FEDERAL HOME LOAN BANK BOARD.

YOUR EARLY DECISION WILL BE APPRECIATED.

WITH RESPECT TO THE FEDERAL LOAN AGENCY, IT IS PROVIDED IN PART 4 OF REORGANIZATION PLAN NO. 1, AS FOLLOWS:

SEC. 402. (A) FEDERAL LOAN AGENCY.--- THERE SHALL BE AT THE SEAT OF THE GOVERNMENT A FEDERAL LOAN AGENCY, WITH A FEDERAL LOAN ADMINISTRATOR AT THE HEAD THEREOF. THE FEDERAL LOAN ADMINISTRATOR SHALL BE APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE A SALARY AT THE RATE OF $12,000 PER ANNUM.

(B) ASSISTANT FEDERAL LOAN ADMINISTRATOR.--- THE FEDERAL LOAN ADMINISTRATOR SHALL APPOINT AN ASSISTANT FEDERAL LOAN ADMINISTRATOR, WHO SHALL RECEIVE A SALARY AT THE RATE OF $9,000 PER ANNUM. THE ASSISTANT ADMINISTRATOR SHALL ACT AS ADMINISTRATOR DURING THE ABSENCE OR DISABILITY OF THE ADMINISTRATOR, OR IN THE EVENT OF A VACANCY IN THAT OFFICE, AND SHALL PERFORM SUCH OTHER DUTIES AS THE ADMINISTRATOR SHALL DIRECT.

(C) POWERS AND DUTIES OF ADMINISTRATOR.--- THE ADMINISTRATOR SHALL SUPERVISE THE ADMINISTRATION, AND SHALL BE RESPONSIBLE FOR THE COORDINATION OF THE FUNCTIONS AND ACTIVITIES, OF THE FOLLOWING AGENCIES: RECONSTRUCTION FINANCE CORPORATION, ELECTRIC HOME AND FARM AUTHORITY, RFC MORTGAGE COMPANY, DISASTER LOAN CORPORATION, FEDERAL NATIONAL MORTGAGE ASSOCIATION, FEDERAL HOME LOAN BANK BOARD, HOME OWNERS' LOAN CORPORATION, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, FEDERAL HOUSING ADMINISTRATION, AND EXPORT-IMPORT BANK OF WASHINGTON. THE ADMINISTRATOR MAY APPOINT SUCH OFFICERS AND EMPLOYEES AND MAKE SUCH EXPENDITURES AS MAY BE NECESSARY.

(D) ADMINISTRATIVE FUNDS.--- THE DIRECTOR OF THE BUREAU OF THE BUDGET SHALL ALLOCATE TO THE FEDERAL LOAN AGENCY, FROM APPROPRIATIONS, ALLOCATIONS, OR OTHER FUNDS AVAILABLE (INCLUDING THOSE AVAILABLE FOR THE FISCAL YEAR ENDING JUNE 30, 1940) FOR THE ADMINISTRATIVE EXPENSES OF THE AGENCIES NAMED IN THIS SECTION, SUCH SUMS, AND IN SUCH PROPORTION, AS HE MAY FIND NECESSARY FOR THE ADMINISTRATIVE EXPENSES OF THE FEDERAL LOAN AGENCY.

THERE IS NOTHING IN ANY OF THESE PROVISIONS PURPORTING TO CONSOLIDATE THE FUNCTIONS OF THE SEVERAL LENDING AGENCIES NAMED THEREIN. AS STATED IN 18 COMP. GEN. 977, 978---

THE APPARENT PURPOSE OF SECTION 402, SUPRA, IS TO EFFECT A COORDINATION RATHER THAN A TRANSFER OR CONSOLIDATION OF THE FUNCTIONS AND ACTIVITIES OF THE ESTABLISHMENTS, * * * MENTIONED IN SUBSECTION (C) OF SAID SECTION. SUCH END THE SAID ESTABLISHMENTS ARE MERELY GROUPED AND PLACED UNDER THE SUPERVISION OF THE FEDERAL LOAN ADMINISTRATOR.

IN VIEW OF THE FACT THAT THE LENDING AGENCIES REFERRED TO IN SAID SECTION 402 (C) WERE NOT CONSOLIDATED AND DID NOT BECOME A PART OF ONE MAIN AGENCY, EACH OF THEM RETAINED ITS STATUS OF AN ,EXECUTIVE OFFICE NOT CONNECTED WITH THE DEPARTMENTS," WITHIN THE MEANING OF THE STATUTE REFERRED TO IN YOUR SUBMISSION. HENCE, IT MUST FOLLOW THAT THE APPROPRIATION FOR PRINTING AND BINDING, GOVERNMENT PRINTING OFFICE, IS AVAILABLE FOR THE PURPOSE OF FURNISHING TO THE FEDERAL HOME LOAN BANK BOARD, FREE OF CHARGE, COPIES OF BILLS AND RESOLUTIONS AS CONTEMPLATED BY SAID STATUTE TO THE SAME EXTENT AS BEFORE THE REORGANIZATION. IN THIS CONNECTION, IT IS NOTED THAT THE LANGUAGE OF 44 U.S.C. 215, AS QUOTED IN THE SECOND PARAGRAPH OF YOUR LETTER, WOULD REQUIRE THE PUBLIC PRINTER TO FURNISH COPIES OF "ALL BILLS AND RESOLUTIONS * * *.' AS AMENDED BY THE ACT OF JUNE 20, 1936, 49 STAT. 1553, THE REQUIREMENT OF THE SECTION IS THAT ONLY PUBLIC BILLS AND RESOLUTIONS ARE TO BE FURNISHED FREE OF CHARGE.