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R. S., secs. 429, 3660, 3666. 1875, Mar. 3, ch. 29, 8.3. p. 72.


Mar. 3, 1855, 8.

See sec. 3734,

Binding." 8 and

And hereafter the estimates for pay of the Navy shall Feb. 23, 1881. be submitted in the book of estimates in detailed clas- 21 Stat. L., 331. sifications and paragraphs, after the manner above set in Book of Estiforth.

SEC. 3661. The head of each of the Executive Depart- Estimates for ments, and every other public officer who is authorized to have printing and binding done at the Congressional Print-, May 8, 1872, s.

2, v. 17, . ing Office for the use of his Department or public office, shall include in his annual estimate for appropriations for the next fiscal year such sum or sums as may to him seem necessary “for printing and binding, to be executed under the direction of the Congressional Printer."

SEC. 3662. All estimates for the compensation of officers Estimates for authorized by law to be employed shall be founded upon the express provisions of law, and not upon the authority 8, v. 10, p. 670. of executive distribution.

SEC. 3663. Whenever any estimate submitted to Con- Requisites for gress by the head of a Department asks an appropriation appropriation tor for any new specific expenditure, such as the erection of a public works, public building, or the construction of any public work, 2, v.5.,15.693; Mar. requiring a plan before the building or work can be prop- 3. 1856. 8.8.10 erly completed, such estimate shall be accompanied by full 1877, v. 19. p. 249. plans and detailed estimates of the cost of the whole work.

Contracts and All subsequent estimates for any such work shall state the supplies, Divi. original estimated cost, the aggregate amount theretofore appropriated for the same, and the amountactually expended thereupon, as well as the amount asked for the current year for which such estimate is made. And if the amount asked is in excess of the original estimate, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated.

It shall be the duty of the head of each Executive Depart- Mar. 2, 1895. ment or other Government establishıment in the city of

Supp Washington to submit to the first regular session of the 1892-95, p. 419. Fifty-fourth Congress, and annually thereafter, in the Statement of Annual Book of Estimates, a statement as to the condition nens to be subof business in his Department or other Government estab-mitted in estilishment, showing whether any part of the same is in arrears, and, if so, in what divisions of the respective bureaus and offices of his Department or other Government establishment such arrears exist, the extent thereof, and the reasons therefor, and also a statement of the number and compensation of employees appropriated for in one bureau or office who have been detailed to another bureau or office for a period exceeding one year.

SEC. 3664. Whenever the head of a Department, being What addi. about to submit to Congress the annual estimates of expend- tional explanaitures required for the coming year, finds that the usual quired. items of such estimates vary materially in amount from the

Mar. 3, appropriation ordinarily asked for the object named, and 1876. especially from the appropriation granted for the same objects for the preceding year, and whenever new items

sion I.

R. S.




sec. 429,

Items of ex

not theretofore usual are introduced into such estimates for any year, he shall accompany the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts

are required, and the different items added. Ajnount of out SEC. 3665. The head of each Departinent, in submitting priations to be to Congress his estimates of expenditures required in his

Fume 91858,8. Department during the year then approaching, shall desig. 2, v. 11, p. 308. nate not only the amount required to be appropriated for Navy Depart

the next fiscal year, but also the amount of the outstanding ment.--Reports appropriation, if there be any, which will probably be Secretary of the required for each particular item of expenditure. Navy.

SEC, 3666. The estimates for expenditures required by penditure to be the Department of the Navy for the following purposes mates and ac-shall be given in detail, and the expenditures made under

June 22, 1860, appropriations therefor shall be accounted for so as to show 8. 1, v. 12, p. 81.

the disbursements of each Bureau under each respective
First. Freight and transportation.
Second. Printing and stationery.
Third. Advertising in newspapers.
Fourth. Books, maps, models, and drawings.
Fifth. Purchase and repair of fire engines and machinery.

Sixth. Repairs of and attending to steam-engine in navyyards.

Seventh. Purchase and maintenance of horses and oxen, and driving teams.

Eighth. Carts, timber-wheels, and the purchase and repair of workmen's tools.

Ninth. Postage of public letters.

Tenth. Fuel, oil, and candles for navy-yards and shorestations.

Eleventh. Pay of watchmen and incidental labor not chargeable to any other appropriation.

Twelfth. Transportation to, and labor attending the delivery of provisions and stores on foreign stations.

Thirteenth. Wharfage, dockage, and rent.

Fourteenth. Traveling expenses of officers and others under orders.

Fifteenth. Funeral expenses.

Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store-keepers.

Seventeenth. Flags, awnings, and packing-boxes.
Eighteenth. Premiums and other expenses of recruiting.
Nineteenth. Apprehending deserters.

Twentieth. Per-diem pay to persons attending courts. martial, courts of inquiry, and other services authorized by law.

Twenth-first. Pilotage and towage of vessels, and assistance to vessels in distress.

Twenty-second. Bills of health and quarantine expenses of vessels of the United States Navy in foreign ports.

See gec. 430

Hereafter the estimates for pay of the Navy shall be Feb. 23, 1881. submitted in the book of estimates in detailed classifications Estimates for and paragraphs, after the manner above set forth.

pay of the Navy.

Feb. 23, 1881, v. 21, p. 331.

See note 1.

Title 41.


What state. ments shall ac.

SEC. 3667. The Secretary of the Navy shall annually submit to Congress estimates of the claims and demands Estimates for

Navy pension chargeable upon and payable out of the naval pension fundy fund.

July 11, 1870, v.

16, p. 222. SEC. 3669. All annual estimates for the public service Estimates to be shall be submitted to Congress through the Secretary of Congress. the Treasury, and shall be included in the book of estimates, Sept. 2, 1789, s.

2, v. 1, p. 65; Mar. prepared under his direction.

10, 1800, v. 2, p. 79; Jan. 7, 1846, res., v. 9, p. 108; Aug. 4, 1854, s. 15, v. 10, p. 573; May 18,

1865, s. 4, v. 14, p. SEC, 3670. The Secretary of the Treasury shall annex to the annual estimates of the appropriations required for the

company esti. public service, a statement of the appropriations for the mates:

May 1, 1820, s. service of the year, which may have been made by former 8, v. 3, p. 568. acts.

SEC. 3672. A detailed statement of the proceeds of all Statement of sales of old material, condemned stores, supplies, or other of old material. pablic property of any kind, except materials, stores, or May 8, 1872, s. supplies sold to officers and soldiers of the Army, or to 27, 1877, v. '19, p. exploring or surveying expeditions authorized by law, shall 249. be included in the appendix to the book of estimates.

That it shall be the duty of the heads of the several Mar. 3, 1875. Executive Departments, and of other officers authorized or Estimates, required to make estimates, to furnish to the Secretary of when, to be furthe Treasury, on or before the first day of October of each year, their annual estimates for the public service, to be pinarde to loon: included in the book of estimates prepared by law under dix to estimatus. his direction; and the Secretary of the Treasury shall 3, v. 18, p. 340. submit, as a part of the appendix to the book of estimates, such extracts from the annual reports of the several heads of Departments and Bureaus as relate to estimates for appropriations, and the necessities therefor.

Extracts from


Title 41.

Drafts for War

SEC. 3673. All moneys appropriated for the use of the War and Navy Departments shall be drawn from the Treasury, by warrants of the Secretary of the Treasury, upon and Navy Do. the requisitions of the Secretaries of those Departments, partments, respectively, countersigned by the Second Comptroller of 3, v. 3, p. 689: Mar. the Treasury, and registered by the proper Auditor.

See gs. 273, 277, under Accounts.

3, 1817, 88. 5, 9, v. 3, p. 367.

See note 2.

Note 1.–Paragraph I. Pay of active list; II. Pay of retired list; III. Pay of petty officers and seamen; IV. Pay of clerks, secretaries, mileage, etc., giving classitication and number in each case, when possible.

Note 2. -The different subdivisions ordinarily employed in an appropriation act, viz, legislative, executive, judicial, are intended to classify the appropriations and not to designate the Department to which they belong. (C.C., XI, 152; 91 U.S. R., 317.)

Appropriations : Permanent, those for an indefinite period ; indefinite, those in which no amount is named. Unexpended balances may be applied to expenses prop





Form of draw.

June 19, 1878. That the Secretary of the Navy be, and he is hereby, 20 Stat. L., 167. authorized to issue his requisitions for advances to disburs

Şupp. RSP: ing officers and agents of the Navy under a “General 193-4, . 1v. 20, p.

account of advances," not to exceed the total appropriation

of Secretary of Na- for the Navy, the amount so advanced to be exclusively wy for advances; used to pay current obligations upon proper vouchers and

R.S., s. 3673. that “Pay of the Navy” shall hereafter be used only for Uso of appro- its legitimate purpose, as provided by law. priations for pay of Navy limited. 18 Opins., 412. Advances, how SEC. 2. That the amount so advanced be charged to the charged. R.S., s. 283. proper, appropriations, and returned to “General account

of advances” by pay and counter warrant; the said charge, however to particular appropriations, shall be limited to the amount appropriated to each.

SEC. 3. That the Fourth Auditor shall declare the sums etc., by Fourth

due from the several special appropriations upon complete R. S., s. 277, par. vouchers, as heretofore, according to law; and he shall

adjust the said liabilities with the “General account of advances.”

SEC. 3675. All warrants drawn by the Secretary of the ing and charging

Treasury, upon the Treasurer of the United States, shall v. 2, 1: 6:53 Sept: specify the particular appropriation to which the same 2, 1789, 8.0, v. 1, p. should be charged; and the moneys paid by virtue of such

warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First

Comptroller, and Register. Appropriation SEC. 3676. All appropriations for specific, general, and trolled by secre contingent expenses of the Navy Department shall be untary; foreach der the control and expended by the direction of the Sec

to be kept separately. retary of the Navy, and the appropriation for each Bureau

July 5, 5862, s. shall be kept separate in the Treasury. 5, , . Mar. 3, 1893. And hereafter the accounting officers of the Treasury are

"Pay miscella- hereby authorized to credit appropriation “Pay miscellacredited with

neous," with all receipts for interest on the account of the certain receipts. Navy Department with the London fiscal agents, premiums

arising from sales of bills of exchange, and from any appre

ciation in the value of foreign coin. Applications of SEC. 3678. Allsums appropriated for the various branches priated. of expenditure in the public service shall be applied solely



Seo boto 3.


to be


sec. 3676.



erly incurred within the year, and upon contracts maile within the year, but not performed until later. Appropriations which in terms are for one year can not be used for payment of expenses not incurred in the year. Money can not be taken by counter requisition to settle old accounts. (Op., XIII, 289, July 27, 1870, Akerman.)

Note 3.–The Secretary of the Navy can draw on the contingent fund for purposes of a contingent character-that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provido for definitely. (Op., I, 302, Wirt.)

The words "Contingent expenses," as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to tho performance of the duties required by law of the Department or the office for which the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.)

The appropriations for contingent of the bureaus (Civil)" are merged with that for the Secretary's Office by legislative act approved March 3, 1883.

Damages occasioned by collision in which a naval vessel is at fault, even when occurring in foreign waters, are not a proper charge against the contingent fund or any other regular appropriation. Special authority of Congress must be obtained before payments on such account will be allowed by the accounting otticers.

See note 5.



to the objects for which they are respectively made, and, Mar, 3, 1809, s.:

1, v. 2, p. 535; for no others.

Feb. 12, 1868, s. 2, v. 15, p. 36.

See note 4. SEC. 3679. No Department of the Government shall ex No expendi. pend, in any one fiscal year, any sum in excess of appro-propriations.

tures beyond appriations made by Congress for that fiscal year, or involve July 12, 1870, s.

.7, v. 16, p. 251. the Government in any contract for the future payment of money in excess of such appropriations.

See ss. 3732,3733, anal Supplies,

Division I. SEC. 3681. No accounting or disbursing officer of the Aug 26, 1842,

. 25, v. 5. p. 533; Government shall allow or pay any account or charge what see Op., Iv, p. ever, growing out of, or in any way connected with, any 106, Oct. 25, 1842. commission of inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges SEC. 3682. No moneys appropriated for contingent, inci. Restrictions on

contingent, etc., dental, or miscellaneous purposes shall be expended or

appropriations. paid for official or clerical compensation.

Idem. 8. 3, p. 250.

See under Contingent Funds.

SEC. 3685.

In no case shall any special appro- Special appropriation be available for more than two years without Me for two years. further provision of law. (Exception for establishing, June 10, 1872, 8.

1, p. light-houses.)

SEC. 3686. All appropriations made for the preparation Foreignhydroor publication of foreign hydrographic surveys shall only Feb. 21, 1861, 8. be applicable to their object, upon the approval by the Sec. 7, v. 12, p. 150 retary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys.

SEC. 3689. There are appropriated, out of any moneys definite appro: in the Treasury not otherwise appropriated, for the pur. priations poses hereinafter specified, such sums as may be necessary

May 18, 1872, s. for the same respectively; and such appropriations shall be deemed permanent annual appropriations. *

Allowance for reduction of wages under eight-hour

law: Of such sum as may be required in the settlement of all, See s. 3738, Conaccounts for the services of laborers, workmen, and mechan- plies, Division 1.

2, v. 17, p. 134.

19 A. G. Op.,

P. 685.

Note 4.-Section 3678 extends only to such cases as relate to “proceeds of sales". receipta which are in the nature of revenue belonging to no appropriation, and not available for expenditure without authority from Congress. It does not prohibit one Department from supplying articles to another, and the transfer of appropriations to make reimbursements. (Op., Dec. 20, 1882, Brewster.)

Section 3678 makes unlawful the diversion of funds appropriated for one object of expenditure to another object of expenditure, and forbids an appropriation for any purpose to be thus enlarged beyond the amount thereof, ac fixed by Congress. The furnishing of articles by one Department to another, and subsequent reimbursements by transfer of appropriation, not a diversion or an enlargement contemplated by this section. (Op., Dec. 20, 1882, Brewster.)

Note 5.-No contract can be made for rent of buildings until appropriations are made therefor.

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