of Representatives. Amendments may be proposed by the committee while it has the bill, or by any Senator after the bill is reported to the Senate, and may be adopted by a majority vote. Differences in the bill as passed by the Senate and the House are usually referred to conference committee consisting of an equal number of Senators and Representatives. The report of the conferees is referred to each body and subjected to a vote of the respective bodies, either after or without further conference between representatives of each as may be necessary.

8-38. Final action. The bill as finally passed is signed by the Speaker of the House and the President of the Senate and sent to the President for signature, and upon his approval becomes an appropriation act, and is effective according to its terms as a law. It is then transmitted to the Secretary of State, who is the custodian of the laws of the United States and is responsible for their publication.

CONTROL OF APPROPRIATIONS.

8-39. Control by Secretary. All appropriations for specific, general, and contingent expenses of the Navy Department shall be under the control and expended by the direction of the Secretary of the Navy, and the appropriation for each bureau shall be kept separate in the Treasury. (R. S. 3676.)

8-40. Control by bureaus. In the appropriation acts the moneys appropriated for expenses are placed under the headings of the several bureaus in conformity with the requirements of sections 430 and 3676, Revised Statutes. While it is within the authority of the Secretary of the Navy to make any changes in the distribution of business that may seem to him expedient and proper, such authority must be exercised so as not to conflict with any act of Congress. (Op. Atty. Gen. Oct. 27, 1909.)

8-41. Control by Bureau of Yards and Docks. In the naval appropriation acts certain appropriations are made under the general heading "Bureau of Yards and Docks." This indicates the intent of the law that such appropriations are to be controlled for the Secretary of the Navy, and under his direction, by the Chief of the Bureau of Yards and Docks. No obligation, therefore, can be legally incurred as a charge against such appropriations unless properly authorized by the chief of bureau.

AVAILABILITY OF APPROPRIATIONS.

8-42. Annual appropriations not continuous. Under an act of Congress approved August 24, 1912, no specific or indefinite appropriation in any regular annual appropriation act shall be construed to be permanent or available continuously without reference to a fiscal year (with certain exceptions not affecting Yards and Docks appropriations), unless it is made in terms expressly providing that it shall continue available beyond the fiscal year for which the appropriation act in which it is contained makes provision.

8-43. Maintenance appropriation. At all navy yards and naval stations the cost of maintaining public works and public utilities is borne by the appropriation "Maintenance, Yards and Docks," unless otherwise specifically provided by law.

8-44. Public works appropriations continuous. The act of July 12, 1921 (naval appropriation act), section 3, provides "That appropriations herein and hereafter made under the Bureau of Yards and Docks for public works, exclusive of repairs and preservation, shall remain available until expended.” The appropriations "Maintenance, Yards and Docks" and "Contingent, Yards and Docks" are annual appropriations, and consequently the law quoted does not apply to them.

8-45. Restrictions. The general laws contain many restrictions upon the expenditure of appropriations, of which the following are cited:

(a) No money shall be drawn from the Treasury but in consequence of appropriations made by law. (Constitution, Art. I, sec. 9.)

(b) All sums appropriated shall be applied solely to the objects for which made, respectively, and for no others (R. S. 3678).

(c) A contract in excess of the amount appropriated can not be made unless expressly authorized by law (act June 30, 1906).

(d) Funds can not be used for any commission, council, board, or other similar body unless authorized by law (act March 4, 1909). (e) No employee can be employed beyond provision made by law (act August 15, 1876).

(f) All general appropriations must be apportioned by monthly or other allotments so as to prevent deficiencies (act February 27, 1906).

(g) No appropriation can be used for purchasing, maintaining, driving, or operating any carriage or vehicle for the personal or official use of any officer or employee at Washington unless specifically authorized by law (act February 3, 1905).

(h) No appropriation can be used for the purchase, maintenance, repair, or operation of motor-propelled or horse-drawn passengercarrying vehicles unless specifically authorized by law (act July 16, 1914).

(i) No allowance or compensation can be made for extra services by any officer or clerk unless specifically authorized by law (R. S. 764).

() Employees on leave can not be employed and compensated in addition to their leave pay (act March 4, 1913).

(k) No funds can be used for accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States unless specifically authorized (act April 6, 1914).

(1) Nor for publicity experts (act October 22, 1913).

(m) No employee of a detective agency shall be employed (act March 3, 1913).

(n) Transportation of remains of deceased employees can not be authorized unless provided for by law (act June 7, 1897).

(0) Attorneys or counsel can not be employed (R. S. 189).

(p) No money can be expended for telephone service in any private residence or private apartment (act August 23, 1912).

(q) No money can be expended upon any land purchased by the United States until the title is found by the Attorney General to be valid (R. S. 355).

(r) Where an appropriation provides for a special object, such appropriation is exclusive, although there may be another appropriation which would, but for such specific appropriation, be available (Comp. Dec., December 29, 1894).

There are other restrictions effective under particular circumstances, and therefore in all cases of doubt as to the availability of an appropriation for a particular purpose the provisions of law should be carefully examined with respect to the legality of the proposed expenditure.

8-46. Expenditures in suspense. No appropriation, unless specifically so providing, can properly be used for carrying expendi

tures in suspense pending reimbursement from another fund or appropriation, as such expenditures would be contrary to section 3678 of the Revised Statutes.

8-47. Desirability of work not a factor. The fact that a proposed expenditure covers work highly desirable or even constituting an emergency does not warrant the use of an appropriation which is not legally available for the purpose.

8-48. Duration of availability of annual appropriations. Annual appropriations expire at the end of the fiscal year for which made; that is, no further charges may then be made, with certain exceptions which are noted below. The appropriation is, however, subject to cash withdrawals from the Treasury for two years after the end of the fiscal year to pay obligations incurred during such year, including contracts made within that year. (R. S. 3690.) Payments may also be made for sums falling due within the twoyear period, for any revisions of such contracts which are necessary and legal, even though the revisions are made subsequent to the close of the fiscal year.

8-49. Duration of availability extended beyond end of fiscal year. Under certain conditions specified in the fortifications appropriation act of May 21, 1920, and in the naval appropriation act of July 1, 1922, funds under annual appropriations may remain available beyond the end of the fiscal year, as explained in the two succeeding paragraphs.

8-50. Orders with Government-owned establishments extend availability of appropriation. Annual appropriations are available beyond the end of the fiscal year for which made in the case of orders placed with Government-owned establishments, provided that the conditions of the law and the instructions of the Secretary of the Navy are complied with. Under date of January 30, 1923, the Secretary of the Navy issued the following letter (numbered 26509464:77) in this connection:

From: The Secretary of the Navy.

To: All concerned.

Subject: Orders for work or material affected by legislation contained in naval appropriation act, 1 July, 1922.

1. The act making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1923, approved July 1, 1922, contains the following provision:

"Provided, That all orders or contracts for work or material, under authorization of law heretofore or hereafter placed with Government-owned establishments, shall be considered as obligations in the same manner as provided for similar orders or contracts placed with private contractors, and appropriations for such work or material shall remain available for payment therefor as in the case of orders or contracts placed with private contractors."

2. To enable adequate control of expenditures by the bureaus and offices having cognizance of appropriations, the following instructions henceforth will govern all concerned in carrying out this provision of the appropriation act.

(a) As this provision affects obligations under appropriations, all matters concerning its application are directly under the control of the bureau or office having cognizance of the appropriation concerned. No independent action on the part of commandants or other administrative officers is permissible.

(b) The provisions of this appropriation act are subject to the provisions of general legislation (Revised Statutes 3679 and 3690) which limit an appropriation to the fulfillment of contracts properly made or to the payment of expenses properly incurred within the year for which the appropriation was specifically made. The specific provision quoted in paragraph 1 was enacted solely as a means for carrying to completion under designated appropriations those orders or contracts for work or material which were placed with Government-owned establishments prior to the close of the fiscal year and for which funds still remain unexpended. Therefore, charges for such orders or contracts may be made for a period of two years after expiration of the fiscal year for which the appropriation was made, provided such appropriation funds still are unexpended.

(c) Orders or contracts placed with Government-owned establishments under the cognizance of the Navy Department in accordance with this provision, may involve labor or material, or both, and shall be executed in the same manner as other orders placed in the usual manner. All requisitions and subcontracts properly entered into as a part of a specific order or contract received from proper authority under this provision, as well as stubs for material in stock or procurable by the order or contract, are chargeable to such order or contract during its continuance.

(d) No order will be placed in accordance with this provision until an estimate of the time and cost has been submitted and approved by the chief of bureau or head of office concerned, and such order must be completed within a total appropriation charge not in excess of the approved estimate, unless an increased cost is authorized because of a necessary change in specifications or some other approved reason. The chief of bureau or head of office may grant an extension of the approved time of completion, not beyond the life of the appropriation, should circumstances warrant. No order will be placed for the sole purpose of obligating funds, and work on orders must be begun within a reasonable time after the order is placed.

(e) Inasmuch as orders and contracts may be placed with private contractors to expire on a set date as well as upon completion and delivery of a given amount of product, either of these two forms of limitation may be fixed at its option by the bureau or office concerned.

(f) The specific provision quoted in paragraph 1, under the restrictions obtaining in general legislation (Revised Statutes 3679 and 3690) embodies no intent to give any general authority to continue the availability of annual appropriations after the expiration of the fiscal year for which made, and should be limited in its application