B-28478, JANUARY 19, 1943, 22 COMP. GEN. 658

B-28478, JANUARY 19, 1943, 22 COMP. GEN. 658

LEASES - RENTAL LIMITATION ON STORAGE SPACE - APPLICABILITY OF THE LIMITATION TO SPACE USED FOR ACTIVE FILES AND ATTENDANT PERSONNEL WHERE A BUILDING IS RENTED TO A GOVERNMENT AGENCY UNDER A LEASE FOR THE USE OF THE PREMISES FOR ,STORAGE SPACE," BUT SAID BUILDING IS OCCUPIED BY THE AGENCY'S ACTIVE FILES AND A CONSIDERABLE NUMBER OF ITS PERSONNEL WHO ARE ENGAGED IN THE ACKNOWLEDGMENT AND HANDLING OF INQUIRIES CONCERNING THE RECORDS CONTAINED THEREIN, THE LEASE IS NOT FOR "STORAGE ACCOMMODATIONS" WITHIN THE MEANING OF THE ACT OF MARCH 2, 1913, WHICH LIMITS THE RENTAL THAT MAY BE PAID FOR STORAGE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA TO 25 CENTS PER SQUARE FOOT.

COMPTROLLER GENERAL WARREN TO THE FEDERAL WORKS ADMINISTRATOR, JANUARY 19, 1943:

I HAVE YOUR LETTER OF JANUARY 8, 1943, AS FOLLOWS:

THIS WILL ACKNOWLEDGE RECEIPT OF YOUR LETTER OF DECEMBER 14, 1942, REFERENCE B-28478, REQUESTING A REPORT AS TO THE REASON WHY THE PROVISIONS OF THE ACT OF MARCH 2, 1913, 37 STAT. 718 (40 U.S.C. 36) WERE NOT APPLIED TO LEASE CONTRACT WA-6-PB-87, SINCE THE TERMS OF THE LEASE COVERING THE GOVERNMENT'S OCCUPANCY OF PREMISES 1620 M STREET, NORTHWEST, PROVIDE THAT THE PREMISES ARE TO BE USED EXCLUSIVELY AS "STORAGE SPACE.'

PREMISES 1620 M STREET, NORTHWEST, WERE LEASED UPON THE REQUEST OF THE ADMINISTRATOR OF VETERANS' AFFAIRS FOR SPACE IN A GARAGE BUILDING FOR SEMIACTIVE FILES STORAGE AND HAVE BEEN USED BY THE VETERANS' ADMINISTRATION SINCE AUGUST 1, 1938, FOR HOUSING ACTIVE AND/OR SEMI ACTIVE FILES AND ATTENDANT PERSONNEL. WHILE THE LEASE IS SPECIFIC AS TO THE USE FOR WHICH THE PREMISES WERE LEASED, THAT IS, STORAGE SPACE, IT IS THE OPINION OF THIS ADMINISTRATION THAT THE ACTUAL USE THAT IS BEING MADE OF THE PREMISES CERTAINLY IS NOT CLEARLY DEFINED WHEN IT IS REFERRED TO AS "STORAGE SPACE," AND IT APPEARS THAT, IN PREPARING THE LEASE COVERING THE GOVERNMENT'S OCCUPANCY OF THE PREMISES, THE OPINION WAS, AND NOW IS, THAT SECTION 802 OF THE ACT OF JUNE 30, 1932, 47 STAT. 412, REPEALED THE ACT OF MARCH 2, 1913, 37 STAT. 718, OR OTHERWISE MORE CAREFUL CONSIDERATION WOULD HAVE BEEN GIVEN IN DESCRIBING THE USE TO WHICH THE PREMISES WERE TO BE PUT (19 CG 475; 12 CG 574 AT 578).

AS TO YOUR SUGGESTION TO THE EFFECT THAT SECTION 802 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 419, REPEALED THE REFERRED TO PROVISIONS IN THE ACT OF MARCH 2, 1913, 37 STAT. 718--- PRESUMABLY BECAUSE OF THE PROVISIONS IN SECTION 322 OF THE SAID ACT OF 1932 (47 STAT. 412/--- IT MAY BE SAID THAT SAID SECTION 802 REPEALED ONLY PREVIOUS ACTS OR PARTS OF ACTS "INCONSISTENT OR IN CONFLICT WITH" THE PROVISIONS OF SAID ACT OF 1932. THE PROVISIONS OF SECTION 322 OF THE ECONOMY ACT THAT "NO APPROPRIATION SHALL BE OBLIGATED OR EXPENDED FOR THE RENT OF ANY BUILDING OR PART OF A BUILDING TO BE OCCUPIED FOR GOVERNMENT PURPOSES AT A RENTAL IN EXCESS OF THE PER ANNUM RATE OF 15 PERCENTUM OF THE FAIR MARKET VALUE OF THE RENTED PREMISES" DO NOT APPEAR TO BE SO INCONSISTENT OR IN CONFLICT WITH THE PROVISION IN THE ACT OF 1913 WHICH IS MERELY A LIMITATION OF THE RATE TO BE PAID BY THE GOVERNMENT FOR STORAGE ACCOMMODATIONS WITHIN THE DISTRICT OF COLUMBIA" AS TO BE CONSIDERED REPEALED BY SAID SECTION 802. THAT THE 1913 LAW WAS NOT CONSIDERED BY THE COMMITTEE ON REVISION OF LAWS OF THE HOUSE OF REPRESENTATIVES AS REPEALED APPEARS EVIDENT FROM THE FACT THAT SAID LAW IS CARRIED IN THE 1940 EDITION OF THE U.S.C. AS A LAW NOW IN FULL FORCE AND EFFECT (40 U.S.C. 36). HOWEVER, ASIDE FROM ANY QUESTION OF REPEAL, IT NOW APPEARS, FROM AN INVESTIGATION BY THIS OFFICE AND FROM OTHER AVAILABLE INFORMATION, THAT A LARGE PORTION OF THE RENTED PREMISES IS OCCUPIED BY ACTIVE FILES OF THE VETERANS' ADMINISTRATION AND BY A CONSIDERABLE NUMBER OF PERSONNEL ENGAGED IN THE ACKNOWLEDGMENT AND INITIAL HANDLING OF INQUIRIES CONCERNING THE RECORDS FILED THEREIN. IN VIEW OF THE FOREGOING, AND IN THE LIGHT OF THE LEGISLATIVE HISTORY OF THE PROVISION IN THE ACT OF MARCH 2, 1913, HERE INVOLVED, AS DISCLOSED BY THE CONGRESSIONAL RECORD, VOLUME 49, PART 4, P. 3137, YOU ARE ADVISED THAT SUBJECT LEASE DOES NOT APPEAR TO BE FOR "STORAGE ACCOMMODATIONS" AS THE TERM IS USED IN THE ACT AND THAT, THEREFORE, THE RESTRICTION IN SAID ACT LIMITING RENTAL FOR STORAGE ACCOMMODATIONS TO A RENTAL RATE OF 25 CENTS PER SQUARE FOOT DOES NOT APPEAR TO BE APPLICABLE TO THE SPACE COVERED BY SAID LEASE. YOU ARE FURTHER ADVISED I AM TODAY ISSUING INSTRUCTIONS FOR ALLOWANCE OF THE AMOUNT FOUND DUE ON RENTAL VOUCHERS SUBMITTED TO THIS OFFICE FOR DIRECT SETTLEMENT, AND THAT THE FORWARDING HERE OF ADDITIONAL VOUCHERS AS REQUESTED IN MY LETTER OF SEPTEMBER 23, 1942, MAY BE DISCONTINUED SO LONG AS THE PREMISES ARE NOT USED EXCLUSIVELY FOR STORAGE ACCOMMODATIONS WITHIN THE MEANING OF THE PROVISION OF THE ACT OF MARCH 2, 1913, SUPRA. ..END :