B-152624, FEBRUARY 14, 1964, 43 COMP. GEN. 564

B-152624, FEBRUARY 14, 1964, 43 COMP. GEN. 564

FUNDS - REVOLVING - AVAILABILITY - PRINTING THE COST OF COMPILATION AND PUBLICATION OF A 100-YEAR HISTORY OF THE BUREAU OF ENGRAVING AND PRINTING TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF ITS ESTABLISHMENT (31 U.S.C. 416) MAY NOT BE CHARGED AS AN ADMINISTRATIVE EXPENSE TO THE BUREAU'S REVOLVING FUND AUTHORIZED BY THE ACT OF AUGUST 4, 1950 (31 U.S.C. 181), THE PRINTING OF THE HISTORY NOT BEING ESSENTIAL TO THE INDUSTRIAL AND SERVICE NATURE OF THE WORK OF THE BUREAU OR THE SERVICES REQUISITIONED BY OTHER AGENCIES, AND NEITHER THE ENABLING ACT, NOR THE ACT OF 1950 AUTHORIZING THE DISSEMINATION OF INFORMATION, THE PRINTING OF THE HISTORY IS PRECLUDED BY THE ACT OF MARCH 3, 1905 IN THE ABSENCE OF SPECIFIC CONGRESSIONAL AUTHORITY, AND, THEREFORE, THE BUREAU'S REVOLVING FUND IS NOT AVAILABLE TO MEET THE COST OF COMPILING AND PUBLISHING ITS HISTORY.

TO THE SECRETARY OF THE TREASURY, FEBRUARY 14, 1964:

REFERENCE IS MADE TO A LETTER, WITH ATTACHMENT, DATED DECEMBER 20, 1963, FROM YOUR GENERAL COUNSEL TO A MEMBER OF OUR STAFF REGARDING THE MATTER OF THE COST OF COMPILATION AND PUBLICATION OF THE 100-YEAR HISTORY OF THE BUREAU OF ENGRAVING AND PRINTING BEING CHARGED TO THE BUREAU'S REVOLVING FUND AS AN ADMINISTRATIVE EXPENSE.

THE BUREAU OF ENGRAVING AND PRINTING WAS ESTABLISHED BY ORDER OF THE SECRETARY OF THE TREASURY UNDER THE GENERAL POWERS CONFERRED BY SECTION 2 OF THE ACT OF JULY 11, 1862, 12 STAT. 532, CH. 142, NOW SECTION 3577, REVISED STATUTES (31 U.S.C. 416) WHICH PROVIDES, IN PART, AS FOLLOWS:

THE SECRETARY OF THE TREASURY MAY CAUSE NOTES TO BE ENGRAVED, PRINTED, AND EXECUTED, AT THE DEPARTMENT OF THE TREASURY IN WASHINGTON, AND UNDER HIS DIRECTION, * * * AND HE MAY PURCHASE AND PROVIDE ALL THE MACHINERY AND MATERIALS, AND EMPLOY SUCH PERSONS AND APPOINT SUCH OFFICERS AS ARE NECESSARY FOR THIS PURPOSE.

UNTIL JULY 1, 1951, ABOUT TWO-THIRDS OF THE WORK REQUIRED TO BE DONE BY THE BUREAU WAS FINANCED BY ANNUAL APPROPRIATIONS MADE DIRECTLY TO THE BUREAU. MAJOR COSTS OF THE REMAINING THIRD OF THE WORK WERE FINANCED BY REIMBURSEMENTS FROM AGENCIES FOR WHOM THE BUREAU PERFORMED WORK. SUBSEQUENT TO JUNE 30, 1951, A BUSINESS-TYPE BUDGET AND REVOLVING-FUND METHOD OF FINANCING THE OPERATIONS OF THE BUREAU WAS ESTABLISHED, AS AUTHORIZED BY THE ACT OF AUGUST 4, 1950, 64 STAT. 408, CH. 558, 31 U.S.C.181, 181A-E. THAT ACT PROVIDES, IN PART, AS FOLLOWS:

* * * THAT WHENEVER ANY WORK OR SERVICES ARE REQUISITIONED FROM THE BUREAU OF ENGRAVING AND PRINTING, TREASURY DEPARTMENT (HEREINAFTER REFERRED TO AS THE "BUREAU"), THE REQUISITIONING AGENCY SHALL MAKE PAYMENT THEREFOR FROM FUNDS AVAILABLE TO IT FOR SUCH PURPOSES AT PRICES DEEMED BY THE SECRETARY OF THE TREASURY (HEREINAFTER REFERRED TO AS THE "SECRETARY") TO BE ADEQUATE TO RECOVER THE AMOUNT OF DIRECT AND INDIRECT COSTS OF THE BUREAU, INCLUDING ITS ADMINISTRATIVE EXPENSES, INCIDENTAL TO PERFORMING THE WORK OR SERVICES REQUISITIONED. REQUISITIONING AGENCIES SHALL MAKE PAYMENT TO THE BUREAU PROMPTLY ON THE BASIS OF BILLS RENDERED BY THE BUREAU.

SEC. 2 (A) THERE IS HEREBY ESTABLISHED, AS OF JULY 1, 1951, A BUREAU OF ENGRAVING AND PRINTING FUND (HEREINAFTER REFERRED TO AS THE "FUND"). * *

(D) THE FUND SHALL BE AVAILABLE WITHOUT FISCAL-YEAR LIMITATION FOR FINANCING ALL COSTS AND EXPENSES OF OPERATING AND MAINTAINING THE BUREAU SUBSEQUENT TO JUNE 30, 1951.

AS SET FORTH ABOVE, PAYMENT MADE BY AGENCIES UNDER SECTION 1 OF THE ACT OF AUGUST 4, 1950, 31 U.S.C. 181, SHALL BE AT PRICES DEEMED ADEQUATE TO RECOVER THE COSTS OF THE BUREAU "INCIDENTAL TO" PERFORMING THE WORK OR SERVICES REQUISITIONED AND UNDER SECTION 2 (D), 31 U.S.C. 181A (D), THE REVOLVING FUND IS MADE AVAILABLE FOR FINANCING THE COSTS AND EXPENSES OF "OPERATING AND MAINTAINING" THE BUREAU. HOWEVER, NEITHER SECTION 3577 OF THE REVISED STATUTES NOR THE ACT OF AUGUST 4, 1950, CONTAINS PROVISION FOR THE DISSEMINATION OF INFORMATION OR FOR THE PRINTING OF A HISTORY OF THE BUREAU.

THE OPERATIONS OF THE BUREAU ARE ESSENTIALLY OF AN INDUSTRIAL AND SERVICE NATURE. IT IS A MANUFACTURING ESTABLISHMENT WHICH DESIGNS, ENGRAVES, AND PRINTS CURRENCY, PUBLIC DEBT AND OTHER SECURITIES, POSTAGE AND REVENUE STAMPS, AND OTHER CLASSES OF ENGRAVED WORK FOR THE BENEFIT OF GOVERNMENT AGENCIES SUCH AS THE OFFICE OF THE TREASURER OF THE UNITED STATES, THE INTERNAL REVENUE SERVICE, THE BUREAU OF PUBLIC DEBT, THE POST OFFICE DEPARTMENT, AND THE FEDERAL RESERVE SYSTEM.

IT IS OUR VIEW THAT THE PREPARATION AND PUBLICATION OF A 100-YEAR HISTORY OF THE BUREAU TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF ITS ESTABLISHMENT MAY NOT BE CONSIDERED AS INCIDENTAL TO THE PERFORMANCE BY A MANUFACTURING ESTABLISHMENT OF WORK OR SERVICES REQUISITIONED BY OTHER GOVERNMENT AGENCIES. SUCH ACTION IS ESSENTIALLY THE DISSEMINATION OF INFORMATION WHICH IS NOT AUTHORIZED BY EITHER SECTION 3577 OF THE REVISED STATUTES, OR THE ACT OF AUGUST 4, 1950, NOR MAY SUCH AUTHORITY BE IMPLIED THEREFROM.

IN A NUMBER OF CASES OTHER GOVERNMENT DEPARTMENTS AND AGENCIES THAT HAVE CELEBRATED SIMILAR ANNIVERSARIES, WHICH IN SOME INSTANCES INCLUDED THE PUBLISHING OF A HISTORY COMMEMORATING THEIR ESTABLISHMENT, HAVE BROUGHT THE MATTER TO THE ATTENTION OF AND OBTAINED THE APPROVAL OF THE APPROPRIATE CONGRESSIONAL COMMITTEES. WE HAVE FOUND NO EVIDENCE THAT THE BUREAU EITHER ADVISED OR SOUGHT THE APPROVAL OF ANY CONGRESSIONAL COMMITTEE REGARDING THE PUBLISHING OF A 100-YEAR HISTORY COMMEMORATING ITS ESTABLISHMENT.

AS STATED IN YOUR GENERAL COUNSEL'S LETTER, THE HISTORY WOULD SERVE AS A SOURCE OF INFORMATION FOR PRESENT EMPLOYEES AND COULD BE AN AID IN THE HANDLING OF CERTAIN ADMINISTRATIVE MATTERS OF THE BUREAU. WHILE THIS MAY BE TRUE, THE FORMAT AND GENERAL CONTEXT OF THE BOOK IN OUR OPINION ARE THOSE OF A HISTORY RATHER THAN AN OPERATING TYPE MANUAL AND SUCH ADMINISTRATIVE BENEFITS AS MAY BE OBTAINED FROM THE HISTORY ARE CONSIDERED TO BE MERELY INCIDENTAL. ALSO, IT APPEARS THAT ALMOST EVERY DEPARTMENT AND AGENCY IN THE GOVERNMENT WOULD DERIVE SIMILAR BENEFITS FROM A HISTORY SUCH AS THE ONE UNDER CONSIDERATION. THE COST OF PUBLISHING HISTORIES OF NUMEROUS DEPARTMENTS AND AGENCIES OF THE GOVERNMENT BASED ON AN ADMINISTRATIVE DETERMINATION THAT THE DEPARTMENT OR AGENCY WOULD DERIVE CERTAIN BENEFITS THEREFROM COULD RESULT IN SUBSTANTIAL EXPENDITURES WITHOUT THE EXERCISE OF CONGRESSIONAL CONTROL OR GUIDANCE. WE BELIEVE IT IS FOR THE PURPOSE OF CONTROLLING SUCH EXPENDITURES THAT CONGRESS HAS GRANTED SPECIFIC AUTHORITY TO DISSEMINATE INFORMATION ONLY TO CERTAIN DEPARTMENTS AND AGENCIES. THAT OTHER DEPARTMENTS AND AGENCIES HAVE SOUGHT CONGRESSIONAL APPROVAL PRIOR TO PUBLISHING HISTORIES COMMEMORATING THEIR ESTABLISHMENT.

ALSO FOR CONSIDERATION ARE THE PROVISIONS OF SECTION 1 OF THE ACT OF MARCH 3, 1905, 33 STAT. 1249, CH. 1484, 44 U.S.C. 219A, WHICH PROVIDES AS FOLLOWS:

HEREAFTER NO BOOK OR DOCUMENT NOT HAVING TO DO WITH THE ORDINARY BUSINESS TRANSACTIONS OF THE EXECUTIVE DEPARTMENTS SHALL BE PRINTED ON THE REQUISITION OF ANY EXECUTIVE DEPARTMENTS OR UNLESS THE SAME SHALL HAVE BEEN EXPRESSLY AUTHORIZED BY CONGRESS.

THE LEGISLATIVE HISTORY OF THE ACT OF MARCH 3, 1905, AS EVIDENCED BY THE DEBATE IN THE HOUSE OF REPRESENTATIVES ON THE BILL, H.R. 19150, FIFTY- EIGHTH CONGRESS SHOWS THAT THE REASON FOR ITS ENACTMENT WAS THAT EXECUTIVE DEPARTMENTS HAD SPENT APPROPRIATED FUNDS FOR PRINTING THAT WAS NOT IN THE ORDINARY COURSE OF THE DEPARTMENTS' BUSINESS AND WAS NOT ESSENTIAL TO THE WORK OF THE DEPARTMENTS. CONGRESS FELT THAT THE MONEY IT APPROPRIATED FOR PRINTING THE REGULAR WORK AND REPORTS OF THE DEPARTMENTS WAS BEING MISAPPLIED AND THE PROPOSED LEGISLATION WAS NECESSARY TO PREVENT SUCH UNAUTHORIZED EXPENDITURES IN THE FUTURE. SEE 39 CONG.REC. 3689, 3781, 3782, 3813, AND 3989.

WE DO NOT BELIEVE THAT COMPILING AND PUBLISHING THE 100-YEAR HISTORY OF THE BUREAU TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF ITS ESTABLISHMENT WAS IN THE ORDINARY COURSE OF THE BUREAU'S BUSINESS OR WAS ESSENTIAL TO ITS WORK. THEREFORE, THE PRINTING THEREOF WOULD BE PRECLUDED BY THE PROVISIONS OF SECTION 1 OF THE ACT OF MARCH 3, 1905.

IN VIEW OF THE FOREGOING, IT IS OUR CONCLUSION THAT THE REVOLVING FUND IS NOT AVAILABLE TO MEET THE COST OF COMPILING AND PUBLISHING THE 100-YEAR HISTORY OF THE BUREAU WITHOUT AUTHORIZATION BY THE CONGRESS.