A-42946, JULY 1, 1932, 12 COMP. GEN. 1

A-42946: Jul 1, 1932

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EXCEPT THAT WHERE SPECIAL REQUIREMENTS ARE NECESSARY SUCH EXCEPTIONS SHALL BE LIMITED TO NOT TO EXCEED 10 PERCENT OF THE TOTAL EXPENDITURES FOR SUCH MOTOR VEHICLES PURCHASED DURING THE FISCAL YEAR. THE PRIMARY REQUIREMENT IS THAT AUTOMOBILES PURCHASED DURING THE FISCAL YEAR SHALL NOT COST MORE THAN $750 AND THE EXCEPTIONS TO THIS PRIMARY REQUIREMENT SHOULD BE NOT IN EXCESS OF 10 PERCENT OF THE TOTAL AMOUNT OF AUTOMOBILE PURCHASES. WHERE EXCHANGE IS INVOLVED * * *.'. IN THE INDIVIDUAL ITEMS FOR THE NATIONAL PARK SERVICE THE FOLLOWING ARE STATED LIMITATIONS COVERING PURCHASE. THERE IS ALSO PROVISION IN THE NATIONAL PARK SERVICE SECTION OF THE APPROPRIATION ACT WHICH AUTHORIZES A 10 PERCENTUM INCREASE IN INDIVIDUAL ITEMS APPROPRIATED FOR BY TRANSFER OF FUNDS FROM OTHER ITEMS UNDER WHICH THE ABOVE LIMITATIONS MAY BE INCREASED 10 PERCENTUM.

A-42946, JULY 1, 1932, 12 COMP. GEN. 1

APPROPRIATIONS - MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES UNDER AN ANNUAL APPROPRIATION ACT PROVIDING THAT NO PART OF ANY MONEY APPROPRIATED THEREIN SHALL BE USED FOR THE PURCHASE OF MOTOR PROPELLED PASSENGER-CARRYING VEHICLES AT A COST IN EXCESS OF $750, EXCEPT THAT WHERE SPECIAL REQUIREMENTS ARE NECESSARY SUCH EXCEPTIONS SHALL BE LIMITED TO NOT TO EXCEED 10 PERCENT OF THE TOTAL EXPENDITURES FOR SUCH MOTOR VEHICLES PURCHASED DURING THE FISCAL YEAR, THE PRIMARY REQUIREMENT IS THAT AUTOMOBILES PURCHASED DURING THE FISCAL YEAR SHALL NOT COST MORE THAN $750 AND THE EXCEPTIONS TO THIS PRIMARY REQUIREMENT SHOULD BE NOT IN EXCESS OF 10 PERCENT OF THE TOTAL AMOUNT OF AUTOMOBILE PURCHASES, AND THE AMOUNT OF THE 10 PERCENT MUST BE USED AS A SEPARATE ITEM FOR THE PURCHASE OF VEHICLES IN EXCESS OF $750, BUT NO PART THEREOF CAN BE ADDED TO THE AMOUNT OF $750 IN THE COMPUTATION OF THE PRICE OF AN AUTOMOBILE TO BE PURCHASED IN EXCESS OF $750, THE ACT PROVIDING THAT THE EXCEPTIONS SHOULD BE LIMITED TO NOT TO EXCEED THE 10 PERCENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JULY 1, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 16, 1932, AS FOLLOWS:

WITH REFERENCE TO FUNDS CARRIED IN THE NATIONAL PARK SERVICE SECTION OF THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1933 (PUBLIC, NO. 95, 72D CONG.), FOR THE PURCHASE OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES, THE APPLICABILITY OF THE FOLLOWING PROVISION OF THIS ACT AS IT APPEARS ON PAGES 45 AND 46 RAISES CERTAIN QUESTIONS.

"PROVIDED, THAT NO PART OF ANY MONEY APPROPRIATED BY THIS ACT SHALL BE USED FOR PURCHASING ANY MOTOR-PROPELLED PASSENGER-CARRYING VEHICLE (EXCEPT BUSSES, AMBULANCES, AND STATION WAGONS) AT A COST, COMPLETELY EQUIPPED FOR OPERATION, IN EXCESS OF $750, EXCEPT WHERE, IN THE JUDGMENT OF THE DEPARTMENT, SPECIAL REQUIREMENTS CAN NOT THUS BE EFFICIENTLY MET, SUCH EXCEPTIONS, HOWEVER, TO BE LIMITED TO NOT TO EXCEED 10 PERCENTUM OF THE TOTAL EXPENDITURES FOR SUCH MOTOR VEHICLES PURCHASED DURING THE FISCAL YEAR, INCLUDING THE VALUE OF A VEHICLE EXCHANGED, WHERE EXCHANGE IS INVOLVED * * *.'

IN THE INDIVIDUAL ITEMS FOR THE NATIONAL PARK SERVICE THE FOLLOWING ARE STATED LIMITATIONS COVERING PURCHASE, MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-DRIVEN PASSENGER-CARRYING VEHICLES:

TABLE

LIMITATION AMOUNT FOR PURCHASE GENERAL EXPENSES, WASHINGTON OFFICE-- $2,400 $2,400 FOR 2 AUTOMOBILES. ACADIA------------------------------- 1,800 $300 FOR MOTOR CYCLE. GENERAL GRANT------------------------ 2,000 $1,200 FOR AUTOMOBILE. HAWAII------------------------------- 1,900 $1,200 FOR AUTOMOBILE. HOT SPRINGS-------------------------- 1,300 $600 FOR AUTOMOBILE. LASSEN------------------------------- 1,500 NO FUNDS FOR PURCHASE. MOUNT RAINIER------------------------ 2,300 $800 FOR AUTOMOBILE. YELLOWSTONE-------------------------- 6,175 $500 FOR MOTOR CYCLE. ZION--------------------------------- 1,700 $1,000 FOR AUTOMOBILE. SOUTHWESTERN MONUMENTS--------------- 2,900 $1,200 FOR AUTOMOBILE.

$400 FOR MOTOR CYCLE.

THERE IS ALSO PROVISION IN THE NATIONAL PARK SERVICE SECTION OF THE APPROPRIATION ACT WHICH AUTHORIZES A 10 PERCENTUM INCREASE IN INDIVIDUAL ITEMS APPROPRIATED FOR BY TRANSFER OF FUNDS FROM OTHER ITEMS UNDER WHICH THE ABOVE LIMITATIONS MAY BE INCREASED 10 PERCENTUM.

IT WILL BE NOTED FROM THE ABOVE THAT THE NATIONAL PARK SERVICE IS AUTHORIZED TO PURCHASE EIGHT PASSENGER AUTOMOBILES AND THREE MOTOR CYCLES AT A COST OF $9,600.

IT WOULD APPEAR THAT 10 PERCENTUM OF THE TOTAL EXPENDITURES FOR SUCH MOTOR VEHICLES PURCHASED DURING THE FISCAL YEAR WOULD BE $960.

THE FOLLOWING SPECIFIC QUESTIONS ARE ASKED:

(1) COULD TEN PERCENT OF THE TOTAL EXPENDITURES, OR $960, BE APPLIED TO ONE CAR, THUS AUTHORIZING THE PURCHASE OF A CAR AT $1,710?

(2) COULD THE $960 BE DIVIDED AND APPLIED TO THE PURCHASE OF TWO CARS, THREE CARS, OR FOUR CARS?

SPECIFICALLY THE NATIONAL PARK SERVICE IS INTERESTED IN BUYING AT LEAST FOUR CARS OF STURDIER MAKE FOR MOUNTAIN USE THAN CAN BE PURCHASED FOR $750. THESE ARE WITH APPROXIMATE COST AS FOLLOWS: 1. HAWAII NATIONAL PARK------------------------------------$990 2. GENERAL GRANT NATIONAL PARK----------------------------- 990 3. SOUTHWESTERN MONUMENTS---------- ------------------------ 990 4. WASHINGTON OFFICE- ---------------------- --------------- 990

YOUR ADVANCE OPINION IS RESPECTFULLY REQUESTED ON THE ABOVE QUESTIONS RAISED BY THE NATIONAL PARK SERVICE. AN EARLY REPLY WILL BE APPRECIATED.

THERE IS NOTHING IN THE LAW AS QUOTED IN YOUR LETTER WHICH WOULD AUTHORIZE THE APPLYING OF THE 10 PERCENT PROVISION AS PROPOSED BY YOU. THE LAW PROVIDES PRIMARILY THAT MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES PURCHASED BY THE DEPARTMENT OF THE INTERIOR UNDER APPROPRIATIONS MADE BY THE ACT OF APRIL 22, 1932, PUBLIC NO. 95 (47 STAT. 131), SHALL NOT EXCEED $750, BUT SUBJECT TO THE EXCEPTION THAT "NOT TO EXCEED 10 PERCENTUM OF THE TOTAL EXPENDITURES FOR SUCH MOTOR VEHICLES PURCHASED DURING THE FISCAL YEAR" MAY BE FOR VEHICLES COSTING MORE THAN $750 EACH PROVIDED THERE ARE SPECIAL REQUIREMENTS WHICH CAN NOT BE EFFICIENTLY MET BY THE USE OF VEHICLES COSTING $750 OR LESS. THAT IS TO SAY, THE AGGREGATE AMOUNT AUTHORIZED TO BE EXPENDED DURING THE FISCAL YEAR 1933 FOR VEHICLES COSTING IN EXCESS OF $750 EACH MUST NOT EXCEED 10 PERCENT OF THE ENTIRE AMOUNT LAWFULLY EXPENDED BY YOUR DEPARTMENT FOR MOTOR-PROPELLED PASSENGER- CARRYING VEHICLES DURING SAID FISCAL YEAR. HOWEVER, THE AMOUNT AUTHORIZED TO BE EXPENDED FOR VEHICLES AT A COST IN EXCESS OF $750 EACH FOR A PARTICULAR VEHICLE IS NOT NECESSARILY LIMITED TO 10 PERCENTUM OF THE TOTAL AMOUNT EXPENDED FOR VEHICLES FOR THAT SERVICE, PROVIDED THE AGGREGATE AMOUNT EXPENDED FOR THE HIGHER-PRICED AUTOMOBILES FOR THE ENTIRE DEPARTMENT DOES NOT EXCEED THE 10 PERCENTUM LIMITATION AND THE LIMITATIONS IN THE RESPECTIVE APPROPRIATIONS ARE NOT EXCEEDED. HOWEVER, THERE IS NOTHING IN THE LAW WHICH WOULD AUTHORIZE THE ADDING OF ANY PART OF THE 10 PERCENT AMOUNT TO THE PRICE OF $750 PROVIDED FOR IN THE ACT TO ARRIVE AT THE PRICE TO BE PAID FOR A PASSENGER-CARRYING VEHICLE. THE AMOUNT OF THE 10 PERCENT MUST BE USED AS A SEPARATE ITEM FOR THE PURCHASE OF VEHICLES IN EXCESS OF $750, BUT NO PART THEREOF CAN BE ADDED TO THE AMOUNT OF $750 IN THE COMPUTATION OF THE PRICE OF AN AUTOMOBILE TO BE PURCHASED IN EXCESS OF $750, THE ACT SPECIFICALLY PROVIDING THAT THE EXCEPTIONS SHOULD BE LIMITED TO NOT TO EXCEED THE 10 PERCENT. TO ILLUSTRATE, IF THE TOTAL AMOUNT OF EXPENDITURES FOR AUTOMOBILE PURCHASES FOR THE DEPARTMENT OF THE INTERIOR DURING THE FISCAL YEAR 1933 IS $30,000, 10 PERCENT OF THAT AMOUNT, OR $3,000, COULD BE USED BY YOUR DEPARTMENT TO PURCHASE 1, 2, OR 3 AUTOMOBILES AT A PRICE IN EXCESS OF $750, AND SAID 1, 2, OR 3 AUTOMOBILES COULD BE PURCHASED FOR THE NATIONAL PARK SERVICE OR FOR ANY ONE OR MORE OF THE OTHER SERVICES UNDER YOUR DEPARTMENT, PROVIDED THE LIMITATIONS WITH RESPECT TO THE AMOUNT AVAILABLE FOR THE PURCHASE OF AUTOMOBILES UNDER THE APPROPRIATION OR APPROPRIATIONS PROPOSED TO BE CHARGED ARE NOT EXCEEDED, IT BEING ASSUMED, OF COURSE, THAT NO VEHICLE WILL BE PURCHASED AT A COST IN EXCESS OF $750 UNLESS THE SPECIAL REQUIREMENTS FOR WHICH THE PURCHASE IS MADE CAN NOT BE OTHERWISE MET, A PROPER SHOWING IN THAT RESPECT TO BE MADE.