A-62574, JUNE 13, 1935, 14 COMP. GEN. 890

A-62574: Jun 13, 1935

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AS HAVE ALSO ALL FUNDS APPROPRIATED FOR THE NATIONAL INDUSTRIAL RECOVERY ADMINISTRATION. TO THE DISTRICT OF COLUMBIA FOR SEWER CONSTRUCTION WILL BE AVAILABLE UNTIL JUNE 30. THERE WAS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR SEWER CONSTRUCTION. 500 WHICH WAS TRANSFERRED ON THE BOOKS OF THE TREASURY BY TRANSFER APPROPRIATION WARRANT NO. 95. WILL LAPSE AT THE CLOSE OF BUSINESS JUNE 30. WILL REQUIRE CERTAIN DAY LABOR WORK AND SUPERVISION. EXCEPT AS MAY BE NECESSARY IN THE PERFORMANCE OF SUCH OF THE FUNCTIONS WHICH THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS WAS AUTHORIZED BY LAW TO PERFORM PRIOR TO JUNE 16. IT IS FELT THAT IN VIEW OF THE LANGUAGE CONTAINED IN THE 1935 DISTRICT OF COLUMBIA APPROPRIATION ACT.

A-62574, JUNE 13, 1935, 14 COMP. GEN. 890

DISTRICT OF COLUMBIA - PUBLIC WORKS ALLOTMENTS - AVAILABILITY ALLOTMENTS MADE TO THE DISTRICT OF COLUMBIA BY THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS PRIOR TO THE PASSAGE OF THE ACT OF JUNE 25, 1934, 48 STAT. 1215, DO NOT CONSTITUTE LOANS UNDER THAT STATUTE, BUT AS THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS HAS BEEN EXTENDED TO JUNE 30, 1937, AS HAVE ALSO ALL FUNDS APPROPRIATED FOR THE NATIONAL INDUSTRIAL RECOVERY ADMINISTRATION, AND THE PRESIDENT HAS ALSO BY EXECUTIVE ORDER IN ACCORDANCE WITH SECTION 12 OF THE ACT OF APRIL 8, 1935, AUTHORIZED THE PUBLIC WORKS ADMINISTRATION TO CONTINUE ALL OF THE FUNCTIONS PREVIOUSLY EXERCISED BY IT, THE ALLOTMENT MADE SEPTEMBER 1, 1933, TO THE DISTRICT OF COLUMBIA FOR SEWER CONSTRUCTION WILL BE AVAILABLE UNTIL JUNE 30, 1937, UNLESS SOONER EXPENDED.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, JUNE 13, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 1, 1935, AS FOLLOWS:

PURSUANT TO THE NATIONAL INDUSTRIAL RECOVERY ACT, APPROVED JUNE 16, 1933 (48 STAT. 200), THERE WAS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR SEWER CONSTRUCTION, IN ACCORDANCE WITH LETTER OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS DATED AUGUST 30, 1933, $1,759,500 WHICH WAS TRANSFERRED ON THE BOOKS OF THE TREASURY BY TRANSFER APPROPRIATION WARRANT NO. 95, DATED SEPTEMBER 1, 1933, UNDER APPROPRIATION TITLE "DC 3-5659 NATIONAL INDUSTRIAL RECOVERY, D.C., 1933-35, SEWER CONSTRUCTION.' THE UNOBLIGATED BALANCE OF $397,473.27 IN THIS APPROPRIATION AS DIGESTED BY YOUR OFFICE, WILL LAPSE AT THE CLOSE OF BUSINESS JUNE 30, 1935.

THE ABOVE AMOUNT DOES NOT INCLUDE THE ITEM OF $200,000 CREDITED BACK TO THE APPROPRIATION ,03-5640 NATIONAL INDUSTRIAL RECOVERY 1933-35" BY TRANSFER APPROPRIATION WARRANT NO. 56, DATED FEBRUARY 6, 1935, NOR DOES IT INCLUDE THE ITEM OF $50,000 REQUESTED TO BE RETURNED TO THE ORIGINAL APPROPRIATION BY LETTER TO YOU DATED MAY 2, 1935 (A-52303).

OF NECESSITY, CERTAIN WORK IN CONNECTION WITH PROJECTS ALREADY UNDERTAKEN AND UNDER CONTRACT, HEREINAFTER MORE SPECIFICALLY DESCRIBED, WILL REQUIRE CERTAIN DAY LABOR WORK AND SUPERVISION, AS WELL AS SOME CONTRACT WORK, AFTER JUNE 30, 1935, AMOUNTING TO APPROXIMATELY $26,325.

YOU HELD IN YOUR LETTER TO THE ACTING DIRECTOR, BUREAU OF THE BUDGET, DATED MAY 14, 1935 (A-61940) THAT "WHILE SAID SECTION 12 MAKES AVAILABLE UNTIL JUNE 30, 1937, ALL SUMS APPROPRIATED TO CARRY OUT THE PURPOSES OF THE NATIONAL INDUSTRIAL RECOVERY ACT, THE SUM SO MADE AVAILABLE, WHETHER ALLOCATED OR UNALLOCATED, MAY NOT BE OBLIGATED AFTER JUNE 30, 1935, EXCEPT AS MAY BE NECESSARY IN THE PERFORMANCE OF SUCH OF THE FUNCTIONS WHICH THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS WAS AUTHORIZED BY LAW TO PERFORM PRIOR TO JUNE 16, 1935, AS THE PRESIDENT MAY AUTHORIZE SAID ADMINISTRATION TO PERFORM AFTER JUNE 16, 1935.'

IN LINE WITH THAT DECISION, I TAKE IT, THE UNOBLIGATED BALANCE IN THE APPROPRIATION, DIGESTED AS FISCAL YEARS 1933-35, WOULD NOT BE AVAILABLE FOR EXPENDITURE AFTER JUNE 30, 1935. HOWEVER, IT IS FELT THAT IN VIEW OF THE LANGUAGE CONTAINED IN THE 1935 DISTRICT OF COLUMBIA APPROPRIATION ACT, APPROVED JUNE 4, 1935, THAT CONGRESS INTENDED AND SO TREATED, THE ALLOTMENT FROM THE PUBLIC WORKS ADMINISTRATION OF $1,759,500 FOR SEWERS AND $148,650 FOR PARK IMPROVEMENTS, AS A LOAN, AND SHOULD BE TREATED IN LIGHT OF YOUR DECISION TO THE PRESIDENT, BOARD OF COMMISSIONERS, DATED OCTOBER 2, 1934 (A-57825), WHEREIN IT WAS HELD THAT "THE UNOBLIGATED PART OF EACH SUCH LOAN WILL REMAIN AVAILABLE FOR THE PURPOSE FOR WHICH LOANED UNTIL EXPENDED OR REPAID TO THE UNITED STATES.' THIS DECISION WAS IN CONNECTION WITH AN INTERPRETATION OF THE PROVISIONS OF THE ACT OF JUNE 25, 1934, PUBLIC 465.

THE 1935 DISTRICT OF COLUMBIA APPROPRIATION ACT, IN THE ENACTING CLAUSE, APPROPRIATED "* * * A SUM EQUAL TO $5,700,000 LESS A SUM EQUAL TO 70 PERCENTUM OF THE AMOUNTS EXPENDED UNDER THE ALLOTMENTS FROM THE PUBLIC WORKS ADMINISTRATION OF $1,759,500 FOR SEWERS AND $148,650 FOR PARK IMPROVEMENTS * * * OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, TO BE ADVANCED JULY 1, 1934, AND ALL OF THE REMAINDER OUT OF THE COMBINED REVENUES OF THE DISTRICT OF COLUMBIA, * * *.'

THE DIRECTOR OF SANITARY ENGINEERING HAS REPORTED THAT SEVERAL OF THE P.W.A. SEWER CONTRACTS WILL NOT BE COMPLETED UNTIL AFTER JUNE 30, 1935, AND ONLY AFTER THEIR COMPLETION, OR IN SOME CASES JUST PRIOR THERETO, CAN NECESSARY "FOLLOW-UP" WORK BE PERFORMED WHICH WILL RENDER THE PROJECTS FINISHED AS ORIGINALLY ANTICIPATED.

THE WORK IN QUESTION HAS HERETOFORE BEEN REFLECTED ONLY IN TABULATIONS WHERE IT APPEARS AS ,ADDITIONAL WORK" AND AS YET HAS NEVER BEEN ORDERED OR SPECIFICALLY CHARGED AGAINST THESE FUNDS ON THE OFFICIAL ACCOUNTS.

CHART PROJECT F.P. NO. 1, NORTHEAST BOUNDARY SEWER

EXTENSION:

ABANDONMENT OF EXISTING GATE HOUSE AND SEWER

OUTLET ----------------------------------- $3,000.00

WATER AND ELECTRIC SERVICE CONNECTIONS TO NEW

GATE CHAMBER, WHICH CHAMBER IS NOW UNDER

CONTRACT --------------------------------- 225.00

SALVAGE OF EQUIPMENT AND GATES FROM PRESENT

HOUSE AND INSTALLATION OF SAME IN NEW CONTROL

CHAMBER ----------------------------------- 1,500.00

PLACING OF PROTECTING RIP RAP IN ANACOSTIA RIVER

AT SEWER OUTLET (TO BE DONE BY THE UNITED

STATES DISTRICT ENGINEER AND CHARGED TO P.W.A.

ALLOTMENT--- PART BY CONTRACT ------------- 10,000.00

------------ $14,725.00PROJECT F.P. NO. 2, PINEY BRANCH RELIEF SEWER:

REPAIR OF SIDEWALKS, LEADS, ETC., AND REPAVING

(TO BE PERFORMED UNDER DISTRICT CONTRACTS) 5,300.00

REPAIR TO DAMAGED WATER AND GAS MAINS AND SOD 2,000.00

RECONSTRUCTION OF CATCH BASINS AND CONNECTIONS 1,000.00

------------ 8,300.00 PROJECT F.P. NO. 3, OUTFALL SEWER EXTENSION:

PHYSICAL CONNECTION BETWEEN EXISTING OUTFALL

SEWER AND ITS EXTENSION (NOT TO BE MADE

UNTIL SEWAGE TREATMENT PLANT IS READY FOR

OPERATION), PERFORMED UNDER CONTRACT ------ 3,000.00

------------ 3,000.00 PROJECT F.P. NO. 5, UPPER ANACOSTIA MAIN

INTERCEPTOR AND PUMPING STATION:

PHYSICAL CONNECTION OF EXISTING SEWERS TO

NEWLY CONSTRUCTED INTERCEPTOR ------------ 300.00

------------- 300.00

TOTAL ---------------------------------------------------- 26,325.00

IN VIEW OF THE FOREGOING THE COMMISSIONERS WOULD APPRECIATE EARLY ADVICE FROM YOU AS TO THE AVAILABILITY OF THESE UNOBLIGATED FUNDS AFTER JUNE 30, 1935, AND AT SUCH TIME AS WILL PERMIT, IF NECESSARY, THE EXPENDITURE OF PART OF THE UNOBLIGATED FUND PRIOR TO JUNE 30, 1935. IT WILL BE NOTED THAT FROM THE VERY NATURE OF THE WORK TO BE PERFORMED IT WILL NOT BE POSSIBLE TO CONTRACT FOR ALL THE WORK TO BE PERFORMED PRIOR TO THAT DATE. ADVICE IS ALSO REQUESTED WHETHER, IN VIEW OF THE SUBSEQUENT ACTION BY CONGRESS, THE ALLOTMENTS OF $1,759,500 AND $148,650 REDUCED AS NOTED ABOVE, SHOULD BE ACCOUNTED FOR AS IF THEY WERE LOANS UNDER THE ACT OF JUNE 25, 1934, AS AMENDED BY THE ACT OF MAY 6, 1935, PUBLIC, NO. 51, 74TH CONGRESS.

THE ACT OF JUNE 25, 1934, 48 STAT. 1215, AUTHORIZES THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO BORROW $10,750,000 FROM THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS FOR CERTAIN SPECIAL PROJECTS. THE AMOUNTS LOANED UNDER THIS ACT AND PLACED TO THE CREDIT OF THE DISTRICT OF COLUMBIA, WILL REMAIN AVAILABLE UNTIL EXPENDED OR REPAID TO THE UNITED STATES AS STATED IN DECISION OF OCTOBER 2, 1934, A-57825, TO YOU. THE ALLOTMENTS REFERRED TO IN YOUR SUBMISSION, HOWEVER, WERE MADE PRIOR TO THE PASSAGE OF THE ABOVE ACT AND WERE NOT LOANS PURSUANT TO THAT STATUTE. ACCORDINGLY, ANY UNEXPENDED AND UNOBLIGATED BALANCE WOULD ORDINARILY REVERT TO THE UNITED STATES TREASURY JUNE 30, 1935. THAT SUCH ALLOTMENTS WERE NOT CONSIDERED TO BE LOANS IS FURTHER BORNE OUT BY THE FACT THAT THE CASH CONTRIBUTION BY THE CONGRESS OF $5,700,000 TOWARD THE EXPENSES OF THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1935, IS REQUIRED TO BE REDUCED BY 70 PERCENT OF THE AMOUNTS EXPENDED FROM THESE ALLOTMENTS.

SECTION 12 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF APRIL 8, 1935, PROVIDES:

THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS ESTABLISHED UNDER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT IS HEREBY CONTINUED UNTIL JUNE 30, 1937, AND IS AUTHORIZED TO PERFORM SUCH OF ITS FUNCTIONS UNDER SAID ACT AND SUCH FUNCTIONS UNDER THIS JOINT RESOLUTION AS MAY BE AUTHORIZED BY THE PRESIDENT. ALL SUMS APPROPRIATED TO CARRY OUT THE PURPOSES OF SAID ACT SHALL BE AVAILABLE UNTIL JUNE 30, 1937.

BY EXECUTIVE ORDER OF JUNE 7, 1935, THE PRESIDENT AUTHORIZED THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS TO CONTINUE AFTER JUNE 16, 1935, TO PERFORM ALL OF THE FUNCTIONS WHICH IT WAS AUTHORIZED TO PERFORM PRIOR TO JUNE 16, 1935, UNDER TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT. THE CONSTRUCTION OF THIS SEWER PROJECT UNDER THE ALLOTMENT IN QUESTION HAVING BEEN UNDERTAKEN AS A PROJECT PROPER FOR PROSECUTION UNDER THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, IT MAY BE ACCEPTED THAT THE EXECUTIVE ORDER OF JUNE 7, 1935, OPERATES TO REALLOCATE THE UNOBLIGATED BALANCE AS OF JUNE 30, 1935, FOR THE PURPOSE FOR WHICH THE MONEYS WERE ORIGINALLY ALLOCATED.