B-109771, OCTOBER 17, 1952, 32 COMP. GEN. 186

B-109771, OCTOBER 17, 1952, 32 COMP. GEN. 186

PRINTING AND BINDING - APPROPRIATION AVAILABILITY - TIME LIMITATION ON PRINTING ANNUAL REPORTS OF DEPARTMENTS AND AGENCIES SECTION 3 OF THE ACT OF JULY 1, 1916, AS AMENDED, WHICH PROVIDES THAT PRINTING AND BINDING APPROPRIATIONS SHALL NOT BE USED FOR PRINTING ANY ANNUAL REPORT NOT SUBMITTED WITHIN THE TIME SCHEDULE SPECIFIED THEREIN RELATES TO ANNUAL REPORTS REQUIRED TO BE MADE TO CONGRESS AND DOES NOT APPLY TO THE PRINTING OF ANNUAL REPORTS WHICH ARE NOT REQUIRED TO BE MADE TO CONGRESS, AND THEREFORE, APPROPRIATIONS FOR PRINTING AND BINDING MAY BE USED FOR PRINTING BUREAU REPORTS WHICH ARE NOT REQUIRED TO BE MADE TO CONGRESS WITHOUT REGARD TO THE TIME SCHEDULE SPECIFIED IN SAID SECTION.

ACTING COMPTROLLER GENERAL YATES TO THE PUBLIC PRINTER, OCTOBER 17, 1952:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 13, 1952, WITH ENCLOSURES, REQUESTING A DECISION WHETHER APPROPRIATIONS FOR PRINTING AND BINDING ARE AVAILABLE FOR PRINTING ANNUAL REPORTS OF THE HEADS OF BUREAUS WHEN THE MANUSCRIPTS AND PROOFS ARE NOT SUBMITTED TO THE PUBLIC PRINTER WITHIN THE TIME SCHEDULE SPECIFIED IN SECTION 3 OF THE ACT OF JULY 1, 1916, 39 STAT. 336, AS AMENDED, 5 U.S.C. 108.

YOUR LETTER STATES THE QUESTION AROSE BECAUSE OF THE SUBMISSION OF THE MANUSCRIPT OF ONE OF THE BUREAUS OF THE DEPARTMENT OF COMMERCE--- UNDERSTOOD TO BE THE COAST AND GEODETIC SURVEY--- AFTER THE EXPIRATION OF THE STATUTORY TIME PERIOD MENTIONED ABOVE, WITH THE CONTENTION THAT THE LAW IS APPLICABLE ONLY TO ANNUAL REPORTS REQUIRED TO BE MADE TO CONGRESS AND DOES NOT APPLY TO ANNUAL REPORTS OF BUREAUS USED PRINCIPALLY FOR INTERNAL INFORMATION. AS YOU WERE ADVISED IN OFFICE LETTER OF JUNE 11, 1952, THE VIEWS OF THE SECRETARY OF COMMERCE IN THE MATTER WERE REQUESTED AND WITH HIS REPLY DATED AUGUST 1, THE ACTING SECRETARY FORWARDED REPORTS FROM SEVERAL BUREAUS OF THE DEPARTMENT, INCLUDING THE COAST AND GEODETIC SURVEY, FROM WHICH IT APPEARS THAT THE SECRETARY OF COMMERCE HAS ADOPTED THE POLICY OF INCLUDING IN HIS ANNUAL REPORTS TO CONGRESS SUMMARIES OF ALL ACTIVITIES WITHIN HIS JURISDICTION.

THE HISTORY OF THE ANTECEDENT AND EXISTING LAWS--- NOW CODIFIED AS 5 U.S.C. 108--- SHOWS THAT THEIR REQUIREMENTS ORIGINALLY APPLIED ONLY TO ANNUAL REPORTS OF THE HEADS OF DEPARTMENTS, WHICH WERE REQUIRED TO BE SUBMITTED TO THE CONGRESS. SEE SECTIONS 193-196, REVISED STATUTES. FOLLOWING RATIFICATION IN 1933, 47 STAT. 2569, OF THE 20TH AMENDMENT TO THE CONSTITUTION, CHANGING THE DATE FOR THE ASSEMBLING OF CONGRESS FROM THE ST MONDAY IN DECEMBER TO THE 3D DAY OF JANUARY IN EACH YEAR, THE TIME SCHEDULE FOR PRINTING ANNUAL REPORTS WAS CHANGED BY SECTION 8 OF THE ACT OF JUNE 20, 1936, 49 STAT. 1550, FROM OCTOBER AND NOVEMBER TO NOVEMBER AND DECEMBER. THUS, IT IS APPARENT THAT THESE LAWS WERE ENACTED PRIMARILY TO ASSURE THE PRINTING OF THE REPORTS IN TIME FOR DELIVERY TO CONGRESS AT THE BEGINNING OF EACH REGULAR SESSION, WITHOUT ANY SHOWING OF AN INTENTION TO ENLARGE THE SCOPE OF THE ORGANIC LAWS OTHERWISE GOVERNING THE SUBMISSION AND PRINTING OF SUCH REPORTS BY EXTENDING THEIR APPLICATION TO ANNUAL REPORTS OF BUREAUS WHICH ARE NOT REQUIRED TO BE MADE TO CONGRESS.

BEGINNING WITH THE ACT OF MAY 30, 1934, 48 STAT. 833, THE ANNUAL ACTS APPROPRIATING FUNDS FOR THE LEGISLATIVE BRANCH HAVE PROVIDED THAT, IN ORDER TO KEEP EXPENDITURES FOR PRINTING AND BINDING WITHIN APPROPRIATIONS FOR THAT PURPOSE, THE HEADS OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS MAY DISCONTINUE PRINTING ANY ANNUAL REPORT UNDER THEIR RESPECTIVE JURISDICTIONS. SEE SECTION 103, ACT OF SEPTEMBER 6, 1950, 64 STAT. 608, FOR THE FISCAL YEAR 1951 HERE IN QUESTION. THIS RECURRING LAW PROVIDED AMPLE AUTHORITY FOR THE ACTION TAKEN BY THE SECRETARY OF COMMERCE ANNUALLY SINCE 1947 IN INCORPORATING IN HIS ANNUAL REPORT MATERIAL PERTAINING TO THE COAST AND GEODETIC SURVEY IN LIEU OF SEPARATE REPORTS BY THAT BUREAU TO CONGRESS AS PREVIOUSLY MADE.

ACCORDINGLY, YOU MAY BE ADVISED THAT SECTION 3 OF THE 1916 ACT, AS AMENDED, 5 U.S.C. 108, DOES NOT APPLY TO THE PRINTING OF ANNUAL REPORTS OF BUREAUS WHICH ARE NOT REQUIRED TO BE MADE TO THE CONGRESS. HENCE, APPROPRIATIONS FOR PRINTING AND BINDING MAY BE USED FOR PRINTING SUCH REPORTS WITHOUT REGARD TO THE TIME SCHEDULE SPECIFIED IN THE 1916 ACT, IF OTHERWISE PROPER.

A COPY OF THIS LETTER HAS BEEN FURNISHED TO THE SECRETARY OF COMMERCE FOR HIS INFORMATION.