B-62501 January 7, 1947

B-62501 January 7, 1947

Mr. Eugene Love, Authorized Certifying Officer, United States Employment Service, Department of Labor

Dear Mr. Love:

Reference is made to your letter of December 6, 1946, file reference HBBF-5, as follows:

"There is enclosed Bureau Voucher No. 5975, in the amount of $15.21, in favor of B. Shackman and Company, 180 Madison Avenue, New York, which has been submitted to me for certification.

"This voucher covers the purchase of 300 balloons which were used as an advertising medium in connection with the United States Employment Service participation in a Veterans' parade. These balloons, with mimeographed message attached, were discharged into the crowd from a moving float. The message requested all employers to list their available jobs with the United States Employment Service and advised veterans to make use of the facilities of the United States Employment Service to secure employment.

"Public Law 124, 79th Congress, approved July 3, 1945, provides:

"Employment office facilities and services: For all necessary expenses of the War Manpower Commission in connection with the cooperation and maintenance of employment office facilities and services, and the performance of functions, duties, and powers relating to employment service transferred to the War Manpower Commission by Executive Order 9247, including the recruitment and placement of individuals for work or training in occupations essential to the war effort, and for carrying into effect section 602 of the Servicemen's Readjustment Act of 1944.

"The War Manpower Commission was transferred to the Department of Labor by Executive Order No. 9716 /9617/.

"The voucher is administratively approved in the amount of $15.21 because it is felt that the expenditure is in furtherance of the purposes expressed in the appropriate act, Public Law 124. However, because of the unusual nature of the expense, your decision is requested as to whether the voucher may be certified."

Section 3 of the act of June 6, 1933, 48 Stat. 114, establishing the United States Employment Service, provides that it shall be the duty and province of that Service to assist in coordinating the public employment offices throughout the United States and in increasing their usefulness by "furnishing and publishing information as to opportunities for employment and other information of value in the operation of the system." It appears from your letter that the balloons in question were purchased for the purpose of using them as a part of an exhibit in a veterans' parade and as a medium of disseminating certain pertinent information as to the functions of the United States Employment Service. In 14 Com. Gen. 664, it was said at page 665:

"It has been held generally that appropriate funds may not be used for exhibits without express statutory authority therefor. 2 Comp. Gen. 581. The exceptions to that general rule are cases in which the exhibit is pursuant to a duty imposed by law upon the Department or service to disseminate useful information concerning the activity to which the exhibit relates. 4 Comp. Gen. 457; 7 id. 357; 14 id. 427."

In view of the statutory duty imposed upon the Department of Labor to furnish and publish information in connection with its employment service activities and of the fact that the balloons were used for the purpose of eliciting the cooperation of employers and to acquaint veterans of the services available to them at the facilities of the United States Employment Service, it appears that the funds appropriated for employment office facilities and services, by the act cited and quoted in our above letter properly may be regarded as available for the payment of the cost of the balloons, as proposed by the voucher.

Accordingly, we are advised that certification of the voucher for payment is authorized, if otherwise correct.

Respectfully,

(Signed) Lindsay C. Warren Comptroller General of the United States

Enclosures