A-7144, JANUARY 14, 1925, 4 COMP. GEN. 601

A-7144, JANUARY 14, 1925, 4 COMP. GEN. 601

PURCHASES, FUEL - COLUMBIA INSTITUTION FOR THE DEAF THE COLUMBIA INSTITUTION FOR THE DEAF, WHILE NOT STRICTLY A PART OF THE FEDERAL SERVICE OR THE MUNICIPAL GOVERNMENT IN THE DISTRICT OF COLUMBIA, IS, FROM THE FACT THAT ITS SUPPORT IS ALMOST EXCLUSIVELY DERIVED FROM APPROPRIATIONS OF CONGRESS AND BECAUSE OF THE STATUTORY CONTROL GENERALLY EXERCISED OVER IT BY CONGRESS, BROUGHT WITHIN THE PROVISIONS OF THE ACT OF JULY 1, 1918, 40 STAT. 673, REQUIRING ALL BRANCHES OF THE FEDERAL SERVICE TO PURCHASE FUEL FROM THE GOVERNMENT FUEL YARDS, SO FAR AS ITS APPROPRIATED FUNDS ARE CONCERNED.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, COLUMBIA INSTITUTION FOR THE DEAF, JANUARY 14, 925:

I HAVE YOUR REQUEST OF DECEMBER 22, 1924, AS FOLLOWS:

THE COMPTROLLER OF THE TREASURY, IN A DECISION RENDERED JULY 23, 1918, HELD THAT THE APPROPRIATIONS MADE BY CONGRESS FOR SUPPORT OF THE COLUMBIA INSTITUTION FOR THE DEAF MIGHT NOT BE USED TO PURCHASE COAL FROM PRIVATE DEALERS.

FOR SOME YEARS PAST, SINCE THE DECIDED ADVANCE IN THE PRICE OF ALL KINDS OF REGULAR FUEL, THIS INSTITUTION HAS BEEN PURCHASING, IN SMALL QUANTITIES, FROM LOCAL DEALERS, OUT OF ITS OWN FUNDS, NOT APPROPRIATED BY THE GOVERNMENT, ANTHRACITE SCREENINGS AT THE RATE OF ABOUT $2 PER TON, WHILE BITUMINOUS COAL PURCHASED FROM THE GOVERNMENT FUEL YARDS HAS COST FROM ABOUT $6 A TON UP. A MIXTURE OF ONE PART OF SCREENINGS AND THREE PARTS OF SOFT COAL MAKES A FUEL PRACTICALLY AS GOOD AS PURE SOFT COAL, AT A SAVING OF ABOUT $4 A TON. THE GOVERNMENT FUEL YARDS DO NOT HANDLE ANTHRACITE SCREENINGS.

WE WOULD LIKE TO PURCHASE A CONSIDERABLE QUANTITY OF ANTHRACITE SCREENING FROM PRIVATE DEALERS WHENEVER POSSIBLE, FOR THE SAKE OF ECONOMY, AND SOMETIMES HAVE NOT FUNDS OF OUR OWN ON HAND WITH WHICH CONVENIENTLY TO MAKE SUCH PURCHASE.

AS THE GOVERNMENT FUEL YARDS DO NOT HANDLE THIS KIND OF FUEL, WILL YOU NOT GIVE YOUR APPROVAL TO THE PURCHASE OF SUCH SCREENINGS FROM OUR REGULAR UNITED STATES APPROPRIATIONS FOR MAINTENANCE?

THE COLUMBIA INSTITUTION FOR THE DEAF WAS INCORPORATED AS THE COLUMBIA INSTITUTION FOR THE INSTRUCTION OF THE DEAF AND DUMB AND BLIND UNDER ACT OF FEBRUARY 16, 1857, 11 STAT. 161, AS A PRIVATE CORPORATION. THE PRESENT DESIGNATION OF THE INSTITUTION WAS MADE BY THE ACT OF MARCH 4, 1911, 36 STAT. 1422, THE INSTRUCTION OF BLIND PUPILS HAVING BEEN PROVIDED FOR ELSEWHERE BY THE ACT OF FEBRUARY 23, 1865, 13 STAT. 436. THE VARIOUS PROVISIONS WERE CARRIED INTO THE REVISED STATUTES AS SECTIONS 4859 TO 4869, INCLUSIVE. SECTION 4867, REVISED STATUTES, REQUIRED ALL EXPENDITURES FROM APPROPRIATED FUNDS TO BE REPORTED TO CONGRESS, WHILE SECTION 4868, REVISED STATUTES, REQUIRED A REPORT OF THE VARIOUS ACTIVITIES TO BE MADE EACH YEAR TO THE SECRETARY OF THE INTERIOR.

THE ACT OF JULY 1, 1898, 30 STAT. 624, PROVIDED THAT DIRECTORS OF THE INSTITUTION SHOULD HAVE CONTROL OF THE DISBURSEMENT OF ALL MONEYS APPROPRIATED BY CONGRESS FOR ITS BENEFIT AND DIRECTED THAT THE ACCOUNTS THEREFOR BE SETTLED AND ADJUSTED AS REQUIRED UNDER SECTION 236, REVISED STATUTES. EACH YEAR, BEGINNING WITH THE YEAR FOLLOWING THE ACT OF INCORPORATION, CONGRESS HAS PROVIDED FUNDS FOR THE SUPPORT OF THE INSTITUTION, AND FROM TIME TO TIME FOR THE ERECTION OF BUILDINGS AND THEIR REPAIR AND UPKEEP. THE APPROPRIATION FOR THE FISCAL YEAR 1925 IS IN THE FOLLOWING LANGUAGE, ACT OF JUNE 5, 1924, 43 STAT. 429:

FOR SUPPORT OF THE INSTITUTION, INCLUDING SALARIES AND INCIDENTAL EXPENSES, BOOKS AND ILLUSTRATIVE APPARATUS, AND GENERAL REPAIRS AND IMPROVEMENTS, $100,000.

FOR REPAIRS TO BUILDINGS OF THE INSTITUTION, INCLUDING PLUMBING AND STEAM FITTING, AND FOR REPAIRS TO PAVEMENTS WITHIN THE GROUNDS, $9,000.

THE ACT OF JULY 1, 1918, 40 STAT. 673, ESTABLISHING THE GOVERNMENT FUEL YARDS, PROVIDED AS FOLLOWS:

* * * ALL BRANCHES OF THE FEDERAL SERVICE AND THE MUNICIPAL GOVERNMENT IN THE DISTRICT OF COLUMBIA, FROM AND AFTER THE ESTABLISHMENT OF THE SAID FUEL YARDS, SHALL PURCHASE ALL FUEL FROM THE SECRETARY OF THE INTERIOR AND MAKE PAYMENT THEREFOR FROM APPLICABLE APPROPRIATIONS AT THE ACTUAL COST THEREOF TO THE UNITED STATES, INCLUDING ALL EXPENSES CONNECTED THEREWITH.

BASED UPON THE FACT THAT THE COLUMBIA INSTITUTION FOR THE DEAF WAS INCORPORATED AS A PRIVATE CORPORATION, THE FORMER COMPTROLLER OF THE TREASURY HELD THAT THE EMPLOYEES OF THE INSTITUTION WERE NOT EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE VARIOUS EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE VARIOUS ACTS GRANTING INCREASE OF COMPENSATION OR BONUS TO CIVILIAN EMPLOYEES OF THE GOVERNMENT. 23 COMP. DEC. 767; 25 ID. 153. IT WAS FURTHER HELD THAT IT WAS NOT AN "EXECUTIVE DEPARTMENT" OR A "GOVERNMENT ESTABLISHMENT" WITHIN THE PURVIEW OF THE ACT OF JUNE 17, 1910, 36 STAT. 531, CREATING THE GENERAL SUPPLY COMMITTEE. MS. COMP. DEC. 462.

IN CONSIDERING THE PURCHASE OF FUEL, HOWEVER, THE REQUIREMENT IS THAT "ALL BRANCHES OF THE FEDERAL SERVICE AND THE MUNICIPAL GOVERNMENT IN THE DISTRICT OF COLUMBIA" SHALL PURCHASE ALL FUEL FROM THE GOVERNMENT FUEL YARDS. WHILE ORIGINALLY INCORPORATED AS A PRIVATE CORPORATION, THE VARIOUS ACTS REQUIRING REPORTS TO CONGRESS AND TO THE SECRETARY OF THE INTERIOR AND AN ACCOUNTING OF THE APPROPRIATED FUNDS UNDER SECTION 236, REVISED STATUTES, AND THE FURTHER FACT THAT THE INSTITUTION IS NOW LARGELY IF NOT ENTIRELY SUPPORTED BY CONGRESSIONAL APPROPRIATIONS, LEAD TO THE CONCLUSION THAT IT IS A BRANCH OF THE FEDERAL SERVICE WITHIN THE PURVIEW OF THE ACT OF JULY 1, 1918, SUPRA, IN SO FAR AS ITS APPROPRIATED FUNDS ARE CONCERNED. ACCORDINGLY IT MUST BE HELD THAT THE USE OF ITS APPROPRIATED FUNDS FOR THE PURCHASE OF FUEL FROM PRIVATE DEALERS IS NOT AUTHORIZED. COMP. DEC. 69.

YOUR SUBMISSION IS ANSWERED ACCORDINGLY.

WITH REFERENCE TO YOUR STATEMENT THAT THE GOVERNMENT FUEL YARDS DO NOT HANDLE ANTHRACITE SCREENINGS, NO REASON APPEARS WHY ARRANGEMENTS MIGHT NOT BE MADE FOR THE PURCHASE OF SUCH FUEL BY THE SECRETARY OF THE INTERIOR FOR RESALE TO THE INSTITUTION IF THE USE THEREOF IS SHOWN TO BE IN THE INTEREST OF THE GOVERNMENT.