A-37344, JUNE 29, 1931, 10 COMP. GEN. 563

A-37344: Jun 29, 1931

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APPROPRIATIONS - REPAIRS TO PUBLIC PROPERTY LOANED BY ONE DEPARTMENT TO ANOTHER WHERE PROPERTY IS BORROWED BY ONE AGENCY OF THE GOVERNMENT FROM ANOTHER FOR EXHIBIT PURPOSES. THE PROPERTY IS DAMAGED OR INJURED UPON RETURN TO THE LOANING AGENCY. THE APPROPRIATIONS OF THE BORROWING AGENCY ARE CHARGEABLE WITH THE COSTS OF REPAIRS TO THE PROPERTY SO AS TO PLACE IT SUBSTANTIALLY IN THE SAME CONDITION AS WHEN BORROWED. IN SUCH CASES WHERE THE PROPERTY IS OF SUCH NATURE THAT THE REPAIRS TO OR RESTORATION OF THE SAME MAY BE ACCOMPLISHED MORE ADVANTAGEOUSLY BY AND UNDER THE JURISDICTION OF THE LOANING AGENCY. 1931: I HAVE YOUR LETTER OF JUNE 25. IF THE FUNDS IN QUESTION ARE AVAILABLE FOR THE PURPOSE.

A-37344, JUNE 29, 1931, 10 COMP. GEN. 563

APPROPRIATIONS - REPAIRS TO PUBLIC PROPERTY LOANED BY ONE DEPARTMENT TO ANOTHER WHERE PROPERTY IS BORROWED BY ONE AGENCY OF THE GOVERNMENT FROM ANOTHER FOR EXHIBIT PURPOSES, AND THE PROPERTY IS DAMAGED OR INJURED UPON RETURN TO THE LOANING AGENCY, THE APPROPRIATIONS OF THE BORROWING AGENCY ARE CHARGEABLE WITH THE COSTS OF REPAIRS TO THE PROPERTY SO AS TO PLACE IT SUBSTANTIALLY IN THE SAME CONDITION AS WHEN BORROWED. IN SUCH CASES WHERE THE PROPERTY IS OF SUCH NATURE THAT THE REPAIRS TO OR RESTORATION OF THE SAME MAY BE ACCOMPLISHED MORE ADVANTAGEOUSLY BY AND UNDER THE JURISDICTION OF THE LOANING AGENCY, FUNDS MAY BE TRANSFERRED FOR THE PURPOSE FROM ANY AVAILABLE APPROPRIATION OF THE BORROWING AGENCY UNDER SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, FOR DIRECT EXPENDITURE BY THE LOANING AGENCY, AND THE MATTER TREATED AS THE PERFORMANCE OF SERVICE BY ONE AGENCY OF THE GOVERNMENT FOR ANOTHER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JUNE 29, 1931:

I HAVE YOUR LETTER OF JUNE 25, 1931, REQUESTING DECISION AS TO THE AVAILABILITY OF UNEXPENDED FUNDS UNDER APPROPRIATIONS MADE FOR THE PARTICIPATION OF THE UNITED STATES IN THE INTERNATIONAL EXPOSITION HELD IN SEVILLE, SPAIN, IN 1927, FOR THE PURPOSE OF REBUILDING A MODEL OF THE UNITED STATES CAPITOL LOANED TO THE UNITED STATES COMMISSION TO THE SEVILLE EXPOSITION FOR EXHIBIT AT THE EXPOSITION AND APPARENTLY DAMAGED IN TRANSIT UPON RETURN TO THE ARCHITECT OF THE CAPITOL, AND IF THE FUNDS IN QUESTION ARE AVAILABLE FOR THE PURPOSE, WHETHER IT WOULD BE PROPER FOR THE ASSISTANT SECRETARY OF THE AMERICAN COMMISSION, WHO APPEARS TO BE THE ONLY OFFICER OF THE COMMISSION NOW AVAILABLE TO WIND UP THE AFFAIRS OF THE COMMISSION, TO AUTHORIZE THE EXPENDITURE OF FUNDS FOR THE RESTORATION OF THE MODEL.

IN A LETTER OF JUNE 24, 1931, TO THE ASSISTANT SECRETARY OF THE COMMISSION, THE ARCHITECT OF THE CAPITOL STATES:

I DESIRE TO CALL YOUR ATTENTION TO THE MATTER OF A LOAN BY THIS OFFICE OF A MODEL OF THE UNITED STATES CAPITOL FOR THE EXPOSITION AT SEVILLE. THIS MODEL WAS CAREFULLY PACKED AND SHIPPED IN DOUBLE BOXES, TO THE SEVILLE EXPOSITION. IT WAS RETURNED IN SINGLE BOXES. THAT PART OF THE MODEL REPRESENTING THE DOME WAS COMPLETELY SHATTERED SO THAT IT WILL HAVE TO BE ENTIRELY REBUILT AND THE EAST PORTION OF THE CENTRAL PORTION OF THE CAPITOL WILL REQUIRE THE REBUILDING OF THIS SECTION. IT IS ESTIMATED THAT THE COST OF THE REBUILDING AND REPAIR OF THIS MODEL, SO THAT IT WILL BE IN AS GOOD CONDITION AS WHEN SHIPPED TO SPAIN, WILL BE APPROXIMATELY $1,500. THIS, HOWEVER, MAY BE LESS THAN WILL BE NECESSARY FOR THE WORK TO BE DONE. IT IS IMPORTANT THAT THIS REPAIR WORK SHOULD BE DONE, AS THE MODEL REPRESENTS A PLAN FOR THE EXTENSION OF THE EAST FRONT OF THE CAPITOL AND IT CAN BE EXPLAINED TO THE CONGRESS BETTER BY WAY OF MODEL THAN BY ORDINARY PLAN. IT SHOULD BE UNDERSTOOD, HOWEVER, THAT THERE IS AN ADDITIONAL PORTION OF THIS EAST FRONT, DESIGNED TO SHOW THE EXTENSION OF THE CAPITOL TO THE EASTWARD, WHICH WAS NOT SENT TO SEVILLE BUT WILL BE NEEDED IN CONNECTION WITH THE OTHER PORTIONS OF THE MODEL FOR THE EXPLANATION OF THE SUBJECT.

I RESPECTFULLY REQUEST THAT YOU WILL TAKE THE NECESSARY STEPS TO PROVIDE FOR THE USE OF SUCH MONEYS AS MAY BE TO THE CREDIT OF THE SEVILLE EXPOSITION FOR THE PURPOSE OF THE RESTORATION OF THIS MODEL TO ITS FORMER CONDITION, AND, OWING TO THE FACT THAT THE PRESENT FISCAL YEAR IS NEAR A CLOSE, THAT THIS MATTER MAY BE DETERMINED AND SETTLED AS SPEEDILY AS POSSIBLE SO THAT THE APPROPRIATION MAY BECOME AVAILABLE FOR THE WORK AT HAND.

THE GENERAL RULE IS THAT THE COST OF REPAIRS TO PROPERTY LOANED BY ONE AGENCY OF THE GOVERNMENT TO ANOTHER IS TO BE BORNE BY THE AGENCY LENDING THE PROPERTY, UPON THE THEORY THAT SUCH AGENCY HAS FUNDS SPECIFICALLY AVAILABLE FOR THE REPAIR, UPKEEP, AND MAINTENANCE OF SUCH PROPERTY. COMP. GEN. 162. HOWEVER, THE PROPERTY DAMAGED IN THE PRESENT CASE IS SUCH AS NOT TO INVOLVE EXPENSES OF REPAIR AND MAINTENANCE WHILE IN THE CUSTODY OF THE SERVICE BY WHICH IT WAS LOANED.

IT DOES NOT APPEAR FROM THE RECORD WHEN THE MODEL HERE UNDER CONSIDERATION WAS MADE OR WHAT FUNDS WERE USED FOR THE PURPOSE, BUT THERE APPEAR TO BE NO FUNDS NOW UNDER THE JURISDICTION OF THE ARCHITECT OF THE CAPITOL FOR REPAIRING THE SAME. FURTHERMORE, THE GENERAL RULE, SUPRA, WOULD NOT APPEAR TO BE FOR APPLICATION IN A CASE WHERE, AS IN THE INSTANT MATTER, THE LOAN OF THE PROPERTY WAS FOR EXHIBIT PURPOSES ONLY, AND THE DAMAGES MAKING THE REPAIRS NECESSARY WERE APPARENTLY DUE TO IMPROPER PACKING OF THE MODEL BY EMPLOYEES OF THE AMERICAN COMMISSION AT THE SEVILLE EXPOSITION.

THE PUBLIC RESOLUTION OF MARCH 3, 1925, 43 STAT. 1256, AUTHORIZING THE PARTICIPATION OF THE UNITED STATES AT THE EXPOSITION AT SEVILLE, AND CREATING A COMMISSION FOR THE PURPOSE, PROVIDED, AMONG OTHER THINGS, THAT THE FUNDS AUTHORIZED TO BE APPROPRIATED FOR SUCH PARTICIPATION SHOULD BE AVAILABLE FOR THE "COST OF PREPARING THE VARIOUS GOVERNMENT EXHIBITS, TRANSPORTATION, INSTALLATION, DISPLAY, AND RETURN OF EXHIBITS; " THAT PROPER PROVISION SHOULD BE MADE BY REGULATIONS OR OTHERWISE "FOR THE PREPARATION, TRANSPORTATION, INSTALLATION, DISPLAY, AND PROPER CARE OF THE EXHIBITS; " AND THAT THE OFFICERS AND EMPLOYEES OF GOVERNMENTAL AGENCIES "IN CHARGE OF OR RESPONSIBLE FOR THE SAFE-KEEPING OF OBJECTS, ARTICLES, AND SO FORTH, PROPERTY OF THE UNITED STATES, WHICH IT IS DESIRED TO EXHIBIT, MAY PERMIT SUCH PROPERTY TO PASS OUT OF THEIR POSSESSION FOR THE PURPOSE OF BEING TRANSPORTED TO AND FROM AND EXHIBITED AT SAID EXPOSITION AS MAY BE REQUESTED BY THE COMMISSIONER GENERAL, SUCH EXHIBITS AND ARTICLES TO BE RETURNED TO THE RESPECTIVE DEPARTMENTS AND INSTITUTIONS TO WHICH THEY BELONG AT THE CLOSE OF THE EXPOSITION.'

THE EVIDENT INTENT OF THE PROVISIONS OF THE PUBLIC RESOLUTION AS SHOWN BY THE QUOTATIONS, SUPRA, WAS THAT SUCH OBJECTS, ARTICLES, ETC., OBTAINED BY THE COMMISSION FOR EXHIBITION PURPOSES, WOULD BE RETURNED AT THE EXPENSE OF THE COMMISSION IN AS GOOD CONDITION AS WHEN BORROWED, AND, BY IMPLICATION, IT WOULD SEEM TO FOLLOW THAT IN THE EVENT OF INJURY OR DAMAGE TO SUCH PROPERTY THE APPROPRIATION OF THE COMMISSION SHOULD BEAR THE EXPENSE INCIDENT TO THE REPAIR, RESTORATION, ETC., OF SUCH PROPERTY. ACCORDINGLY, I HAVE TO ADVISE THAT UNEXPENDED FUNDS IN THE APPROPRIATION OF THE COMMISSION ARE AVAILABLE FOR THE COST OF RESTORATION OF THE UNITED STATES CAPITOL MODEL.

AS TO THE MATTER OF OBLIGATING THE FUNDS FOR THE PURPOSE AND AUTHORIZING EXPENDITURES FOR THE COST OF REBUILDING THE DAMAGED MODEL, IT MAY BE STATED THAT SINCE THE COMMISSION IS NOW PRACTICALLY OUT OF EXISTENCE AND THAT THE REBUILDING OR RESTORATION WORK MAY BE DONE TO THE BEST ADVANTAGE OF ALL CONCERNED UNDER THE SUPERVISION OF THE ARCHITECT OF THE CAPITOL, NO REASON APPEARS WHY FUNDS SHOULD NOT BE TRANSFERRED TO HIM FOR DIRECT EXPENDITURE IN THE MATTER.

ACCORDINGLY, IT IS SUGGESTED THAT, PURSUANT TO THE PROVISIONS OF SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, PROVIDING FOR THE ADVANCE OF FUNDS BY ONE AGENCY OF THE GOVERNMENT TO ANOTHER FOR WORK TO BE PERFORMED BY THE BRANCH TO WHICH THE FUNDS ARE TRANSFERRED, A TRANSFER OF FUNDS IN THE SUM REQUESTED BY THE ARCHITECT OF THE CAPITOL AS NECESSARY FOR THE PURPOSE, BE AUTHORIZED BY THE SECRETARY OF STATE IN A LETTER TO THE SECRETARY OF THE TREASURY, THE AMOUNT IN QUESTION OR SUCH PART THEREOF AS MAY BE NEEDED TO BE USED FOR THE PURPOSE OF RESTORING THE MODEL IN QUESTION TO ITS ORIGINAL CONDITION, AND ANY BALANCE AFTER THE WORK HAS BEEN COMPLETED TO BE RETURNED TO THE COMMISSION'S APPROPRIATION.