B-9025, MARCH 27, 1940, 19 COMP. GEN. 832

B-9025, MARCH 27, 1940, 19 COMP. GEN. 832

APPROPRIATIONS - LIMITATIONS - APPLICABILITY TO SUBSEQUENT APPROPRIATIONS THE APPROPRIATION MADE TO THE BUREAU OF MINES BY THE THIRD DEFICIENCY APPROPRIATION ACT OF AUGUST 9, 1939, 53 STAT. 1317, FOR ADDITIONAL DUTIES AND FUNCTIONS IMPOSED BY THE ACT OF JUNE 7, 1939, 53 STAT. 811, MAY BE USED FOR THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS, AS SPECIFICALLY PROVIDED THEREIN, WITHOUT REGARD TO THE LIMITATION IN THE EARLIER INTERIOR DEPARTMENT APPROPRIATION ACT OF MAY 10, 1939, 53 STAT. 687, ON THE AMOUNT TO BE EXPENDED FOR BOOKS, ETC. 19 COMP. GEN. 324, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, MARCH 27, 1940:

I HAVE YOUR LETTER OF MARCH 11, 1940, AS FOLLOWS:

UNDER THE THIRD DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1939, APPROVED AUGUST 9, 1939 ( PUBLIC 361--- 76TH CONGRESS), THE BUREAU OF MINES OF THIS DEPARTMENT WAS GIVEN $350,000 FOR INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLIES. THE APPROPRIATION REFERRED TO CARRIED AUTHORITY FOR THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS, WITHOUT MENTIONING ANY LIMITATION THEREON. THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR THE FISCAL YEAR 1940, APPROVED MAY 10, 1939( PUBLIC 68--- 76TH CONGRESS), CARRIES AN AUTHORIZATION FOR THE PURCHASE OR EXCHANGE OF PROFESSIONAL AND SCIENTIFIC BOOKS FOR THE BUREAU OF MINES NOT TO EXCEED $3,560.

IT IS EVIDENT THAT THE PROFESSIONAL AND SCIENTIFIC BOOKS REQUIRED IN THE INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY COULD NOT HAVE BEEN ESTIMATED FOR IN THE INTERIOR DEPARTMENT APPROPRIATION ACT, SINCE THE APPROPRIATION FOR THIS WORK WAS NOT MADE UNTIL THREE MONTHS AFTER THE INTERIOR DEPARTMENT APPROPRIATION ACT WAS APPROVED. BOOKS REQUIRED FOR THE SCIENTIFIC WORK CONNECTED WITH THE INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY CANNOT BE CHARGED TO THE REGULAR BUREAU ALLOTMENT BECAUSE THAT ALLOTMENT IS NEEDED FOR THE WORK WHICH WAS CONTEMPLATED IN THE REGULAR APPROPRIATION ACT. YOUR OPINION IS THEREFORE REQUESTED AS TO WHETHER THE PROFESSIONAL AND SCIENTIFIC BOOKS REQUIRED IN CONNECTION WITH THE INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY CAN BE CHARGED TO THAT APPROPRIATION. YOUR EARLY ATTENTION TO THIS MATTER WILL BE APPRECIATED AS, DUE TO THE INADEQUACY OF THE REGULAR BUREAU OF MINES BOOK ALLOTMENT, A NUMBER OF ORDERS FOR BOOKS TO BE USED IN THE SCIENTIFIC WORK CONNECTED WITH THE INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY ARE BEING HELD AWAITING YOUR ADVICE.

THE APPROPRIATION MADE BY THE DEFICIENCY ACT OF AUGUST 9, 1939, PUBLIC, 361, 53 STAT. 1317, PROVIDED AS FOLLOWS:

INVESTIGATION OF DOMESTIC SOURCES OF MINERAL SUPPLY: FOR EVERY EXPENDITURE REQUISITE FOR AND INCIDENT TO THE WORK OF THE BUREAU OF MINES IN PERFORMING THE DUTIES IMPOSED UPON IT BY SECTION 7 OF THE ACT OF JUNE 7, 1939 ( PUBLIC, NUMBERED 117, SEVENTY-SIXTH CONGRESS); INCLUDING THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS; NOT TO EXCEED $1,000 FOR PRINTING AND BINDING; NOT TO EXCEED $15,000 FOR PURCHASE, OPERATION, MAINTENANCE, AND REPAIR OF MOTOR-PROPELLED PASSENGER CARRYING VEHICLES FOR OFFICIAL USE IN FIELD WORK AND IN TRANSPORTING EMPLOYEES BETWEEN THEIR HOMES AND TEMPORARY LOCATIONS WHERE THEY MAY BE EMPLOYED; PURCHASE OF GOGGLES, GLOVES, RUBBER BOOTS, MINERS' HATS, APRONS, AND SUCH OTHER ARTICLES OF PERSONAL WEARING APPAREL OR EQUIPMENT AS MAY BE REQUIRED FOR THE PROTECTION OF EMPLOYEES WHILE ENGAGED IN THEIR WORK; THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF NECESSARY CAMP BUILDINGS AND MINING STRUCTURES AND APPURTENANCES THERETO; AND INCLUDING NOT TO EXCEED $15,000, FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA; FISCAL YEAR 1940, $350,000: PROVIDED, THAT SECTION 3709 OF THE REVISED STATUTES (41 U.S.C. 5) SHALL NOT BE CONSTRUED TO APPLY TO ANY PURCHASE OR SERVICE RENDERED WHEN THE AMOUNT INVOLVED DOES NOT EXCEED THE SUM OF *500.

THE ACT OF JUNE 7, 1939, 53 STAT. 811, REFERRED TO IN THE APPROPRIATION, PROVIDES FOR ACQUIRING STOCKS OF STRATEGIC AND CRITICAL MATERIALS FOR NATIONAL DEFENSE, AND SECTION 7 THEREOF PROVIDES:

SEC. 7 (A) THAT THE SECRETARY OF THE INTERIOR, THROUGH THE DIRECTOR OF THE BUREAU OF MINES AND THE DIRECTOR OF THE GEOLOGICAL SURVEY, IS HEREBY AUTHORIZED AND DIRECTED TO MAKE SCIENTIFIC, TECHNOLOGIC, AND ECONOMIC INVESTIGATIONS CONCERNING THE EXTENT AND MODE OF OCCURRENCE, THE DEVELOPMENT, MINING, PREPARATION, TREATMENT, AND UTILIZATION OF ORES AND OTHER MATERIAL SUBSTANCES FOUND IN THE UNITED STATES OR ITS TERRITORIES OR INSULAR POSSESSIONS, WHICH ARE ESSENTIAL TO THE COMMON DEFENSE OR THE INDUSTRIAL NEEDS OF THE UNITED STATES, AND THE QUANTITIES OR GRADES OF WHICH ARE INADEQUATE FROM KNOWN DOMESTIC SOURCES, IN ORDER TO DETERMINE AND DEVELOP DOMESTIC SOURCES OF SUPPLY, TO DEVISE NEW METHODS FOR THE TREATMENT AND UTILIZATION OF LOWER GRADE RESERVES, AND TO DEVELOP SUBSTITUTES FOR SUCH ESSENTIAL ORES AND MINERAL PRODUCTS; TO EXPLORE AND DEVELOP, ON PUBLIC LANDS AND ON PRIVATELY OWNED LANDS, WITH THE CONSENT OF THE OWNER, DEPOSITS OF SUCH MINERALS, INCLUDING CORE DRILLING, TRENCHING, TEST-PITTING, SHAFT SINKING, DRIFTING, CROSS-CUTTING, SAMPLING, AND METALLURGICAL INVESTIGATIONS AND TESTS AS MAY BE NECESSARY TO DETERMINE THE EXTENT AND QUALITY OF SUCH DEPOSITS, THE MOST SUITABLE METHODS OF MINING AND BENEFICIATING THEM, AND THE COST AT WHICH THE MINERALS OR METALS MAY BE PRODUCED.

(B) FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS SECTION THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1940, 1941, 1942, AND 1943, THE SUM OF $500,000, OF WHICH AMOUNT $350,000 SHALL BE APPROPRIATED TO THE BUREAU OF MINES AND $150,000 TO THE GEOLOGICAL SURVEY.

UNDER THE APPROPRIATION FOR THE DEPARTMENT OF THE INTERIOR FOR THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS IT IS PROVIDED IN THE ACT OF MAY 10, 1939, PUBLIC, 68, 53 STAT. 687, THAT:

FOR THE PURCHASE OR EXCHANGE OF PROFESSIONAL AND SCIENTIFIC BOOKS, LAW AND MEDICAL BOOKS, AND BOOKS TO COMPLETE BROKEN SETS, PERIODICALS, DIRECTORIES, AND OTHER BOOKS OF REFERENCE RELATING TO THE BUSINESS OF THE DEPARTMENT, $700, AND IN ADDITION THERE IS HEREBY MADE AVAILABLE FROM ANY APPROPRIATIONS MADE FOR ANY OF THE FOLLOWING BUREAUS OR OFFICES OF THE DEPARTMENT NOT TO EXCEED THE FOLLOWING RESPECTIVE SUMS: * * * BUREAU OF MINES, $3,560.

IN DECISION OF THIS OFFICE, 19 COMP. GEN. 324, IT WAS HELD IN SUBSTANCE THAT THE AMOUNT TO BE EXPENDED FOR STATIONERY DURING THE FISCAL YEAR 1940 BY THE DEPARTMENT OF THE INTERIOR, HAVING BEEN SPECIFICALLY LIMITED BY THE APPROPRIATION ACT OF MAY 10, 1939, MAY NOT BE SUPPLEMENTED BY THE USE, FOR THE PURCHASE OF STATIONERY, OF THE LATER BUT MORE GENERAL APPROPRIATION MADE IN THE THIRD DEFICIENCY ACT OF AUGUST 9, 1939, FOR WORK IN CONNECTION WITH THE NEW PROGRAM OF STRATEGIC MINERAL INVESTIGATIONS, THE GENERAL RULE BEING THAT A SPECIFIC APPROPRIATION FOR A PARTICULAR CLASS OF EXPENDITURES IS AVAILABLE THEREFOR TO THE EXCLUSION OF A MORE GENERAL APPROPRIATION.

THE MATTER NOW SUBMITTED BY YOU PRESENTS A QUESTION DIFFERENT FROM THAT INVOLVED IN THE DECISION REFERRED TO IN THAT THE APPROPRIATION MADE IN THE THIRD DEFICIENCY ACT OF AUGUST 9, 1939, SPECIFICALLY PROVIDES FOR "THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS" FOR THE PURPOSES OF THAT APPROPRIATION WITHOUT IMPOSING ANY LIMITATION UPON THE AMOUNT TO BE EXPENDED FOR THAT PURPOSE. NO SUCH PROVISION IS CONTAINED IN THAT APPROPRIATION FOR THE PURCHASE OF STATIONERY. CONSEQUENTLY, IT APPEARING THAT BOTH THE ACT OF JUNE 7, 1939, IMPOSING ADDITIONAL DUTIES AND FUNCTIONS UPON THE BUREAU OF MINES, AND THE ACT MAKING APPROPRIATION THEREFOR WERE ENACTED SUBSEQUENT TO THE REGULAR FISCAL YEAR APPROPRIATION ACT WHICH CONTAINED THE LIMITATION REFERRED TO IN YOUR LETTER WITH RESPECT TO THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS, AND SINCE THE LATER APPROPRIATION IN THE DEFICIENCY ACT OF AUGUST 9, 1939, SPECIFICALLY PROVIDES FOR THE PURCHASE OF PROFESSIONAL AND SCIENTIFIC BOOKS WITHOUT LIMITATION, I HAVE TO ADVISE THAT THE PURCHASE OF SUCH BOOKS FOR THE PURPOSES OF THE APPROPRIATION CONTAINED IN THE DEFICIENCY APPROPRIATION ACT OF AUGUST 9, 1939, IS NOT LIMITED BY THE AMOUNT STATED IN THE REGULAR APPROPRIATION ACT OF MAY 10, 1939.