A-35995, APRIL 7, 1931, 10 COMP. GEN. 454

A-35995: Apr 7, 1931

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IS NOT AN APPROPRIATION FOR PUBLIC BUILDINGS WITHIN THE MEANING OF THE ACT OF AUGUST 24. THERE IS NO AUTHORITY OF LAW TO SET UP THE SAME ON THE BOOKS OF THE TREASURY AND OF THE GENERAL ACCOUNTING OFFICE AS A NO-YEAR APPROPRIATION. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION. IT WAS SAID: 1. 000 WHICH IS MADE IMMEDIATELY AVAILABLE BY THE APPROPRIATION IS FOR ADDITIONS. IS NOT FOR THE CONSTRUCTION OF PUBLIC BUILDINGS WITHIN THE MEANING OF THE ACT OF AUGUST 24. IS AVAILABLE FOR THE PAYMENT OF OBLIGATIONS INCURRED FROM THE DATE OF THE PASSAGE OF THE ACT IN WHICH IT IS CONTAINED- . THE SETTING UP OF THE APPROPRIATION WITHOUT FISCAL YEAR LIMITATIONS AS REQUESTED BY THE SECRETARY OF THE INTERIOR IS NOT AUTHORIZED.

A-35995, APRIL 7, 1931, 10 COMP. GEN. 454

APPROPRIATIONS - AVAILABILITY BEYOND FISCAL YEAR THE APPROPRIATION MADE BY THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1159, FOR RECONSTRUCTING AND IMPROVING THE UNDERGROUND SYSTEM OF DISTRIBUTING HEAT, ETC., AT HOWARD UNIVERSITY, IS NOT AN APPROPRIATION FOR PUBLIC BUILDINGS WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, AND, NOT BEING MADE IN TERMS AVAILABLE UNTIL EXPENDED, THERE IS NO AUTHORITY OF LAW TO SET UP THE SAME ON THE BOOKS OF THE TREASURY AND OF THE GENERAL ACCOUNTING OFFICE AS A NO-YEAR APPROPRIATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, APRIL 7, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 26, 1931, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION, A COMMUNICATION DATED MARCH 14, 1931, FROM THE SECRETARY OF THE INTERIOR, REQUESTING THAT THE AMOUNT OF $225,000, APPROPRIATED UNDER THE HEADING "HOWARD UNIVERSITY" IN THE DEPARTMENT OF THE INTERIOR APPROPRIATION ACT FOR THE FISCAL YEAR 1932, APPROVED FEBRUARY 14, 1931 (PUBLIC, NO. 666, 71ST CONGRESS), AND ESTABLISHED ON THE BOOKS OF THIS DEPARTMENT BY INTERIOR CIVIL APPROPRIATION WARRANT NO. 80 1/2, DATED FEBRUARY 14, 1931, UNDER THE TITLE "RECONSTRUCTING HEAT, LIGHT, AND POWER SYSTEM, HOWARD UNIVERSITY, 1931 AND 1932," BE CHANGED TO A "NO YEAR" APPROPRIATION. THIS DEPARTMENT WOULD APPRECIATE AN EXPRESSION OF YOUR VIEWS IN REGARD TO THE MATTER.

THE APPROPRIATION IN QUESTION, AS MADE BY THE ACT CITED, PROVIDES:

FOR RECONSTRUCTING AND IMPROVING THE UNDERGROUND SYSTEM OF DISTRIBUTING HEAT, LIGHT AND POWER AT HOWARD UNIVERSITY, INCLUDING NONSTRUCTURAL IMPROVEMENTS TO LAND INCIDENT THERETO $225,000, TO BE IMMEDIATELY AVAILABLE.

IN DECISION 7 COMP. GEN. 619, INVOLVING AN APPROPRIATION FOR THE FREEDMEN'S HOSPITAL, MADE PRACTICALLY IN THE SAME TERMS AND FOR A PURPOSE SIMILAR TO THE ONE NOW UNDER CONSIDERATION, IT WAS SAID:

1. THE AMOUNT OF $252,000 WHICH IS MADE IMMEDIATELY AVAILABLE BY THE APPROPRIATION IS FOR ADDITIONS, REMODELING, AND ENLARGING BUILDINGS OF THE HOSPITAL, INSTALLATION OF NEW ELEVATORS, C., AND IS NOT FOR THE CONSTRUCTION OF PUBLIC BUILDINGS WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487. SEE 1 COMP. GEN. 435; ID. 532; 2 COMP. GEN. 820. THE AMOUNT IN QUESTION HAS ACCORDINGLY BEEN PLACED ON THE BOOKS OF THIS OFFICE AND OF THE TREASURY DEPARTMENT AS A DOUBLE YEAR APPROPRIATION FOR THE FISCAL YEARS 1928 AND 1929. IT CAN NOT BE REGARDED AS AN APPROPRIATION WITHOUT YEAR, BUT MAY BE CONSIDERED AS AVAILABLE FOR THE PAYMENT OF EXPENSES INCURRED UNDER CONTRACTS ENTERED INTO PRIOR TO JULY 1, 1929, OBLIGATING THE APPROPRIATION FOR PURPOSES FOR WHICH MADE.

THE APPROPRIATION HERE UNDER CONSIDERATION APPEARS TO BE ONE FOR PUBLIC IMPROVEMENTS RATHER THAN FOR A PUBLIC BUILDING WITHIN THE MEANING OF THE ACT OF 1912, AND, ACCORDINGLY, IS AVAILABLE FOR THE PAYMENT OF OBLIGATIONS INCURRED FROM THE DATE OF THE PASSAGE OF THE ACT IN WHICH IT IS CONTAINED- -- SAID APPROPRIATION BEING MADE IMMEDIATELY AVAILABLE--- TO JUNE 30, 1932, AND IT HAS BEEN PROPERLY ESTABLISHED ON THE BOOKS OF THE TREASURY AND OF THIS OFFICE AS AN APPROPRIATION FOR THE FISCAL YEARS 1931 AND 1932. THE SETTING UP OF THE APPROPRIATION WITHOUT FISCAL YEAR LIMITATIONS AS REQUESTED BY THE SECRETARY OF THE INTERIOR IS NOT AUTHORIZED.