A-9047, APRIL 25, 1925, 4 COMP. GEN. 887

A-9047: Apr 25, 1925

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APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS ARE NOT "APPROPRIATIONS FOR PUBLIC BUILDINGS. ARE NOT AVAILABLE FOR EXPENDITURE PRIOR TO THE BEGINNING OF THE FISCAL YEAR FOR WHICH MADE ALTHOUGH NO OBJECTION WOULD BE MADE TO ENTERING INTO CONTRACTS. FOR THE PERFORMANCE OF THE WORK CONTEMPLATED WITH PROVISOS THAT PAYMENTS UNDER SUCH CONTRACTS ARE NOT TO BE MADE PRIOR TO THE BEGINNING OF THE FISCAL YEAR. WHEN IT IS SPECIFICALLY STATED IN THE ACT MAKING THE APPROPRIATION THAT SUCH FUNDS ARE TO BE AVAILABLE IMMEDIATELY. 1925: I HAVE YOUR LETTER OF APRIL 9. IF THEY ARE TO BE REGARDED AS ANNUAL APPROPRIATIONS. THE APPROPRIATIONS ARE FOR MISCELLANEOUS KINDS OF WORK.

A-9047, APRIL 25, 1925, 4 COMP. GEN. 887

APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS ARE NOT "APPROPRIATIONS FOR PUBLIC BUILDINGS," WITHIN THE MEANING OF SECTION 3684, REVISED STATUTES, AND ARE NOT AVAILABLE FOR EXPENDITURE PRIOR TO THE BEGINNING OF THE FISCAL YEAR FOR WHICH MADE ALTHOUGH NO OBJECTION WOULD BE MADE TO ENTERING INTO CONTRACTS, AFTER THE APPROVAL OF THE ACTS AND PRIOR TO THE BEGINNING OF THE FISCAL YEAR, FOR THE PERFORMANCE OF THE WORK CONTEMPLATED WITH PROVISOS THAT PAYMENTS UNDER SUCH CONTRACTS ARE NOT TO BE MADE PRIOR TO THE BEGINNING OF THE FISCAL YEAR. APPROPRIATIONS MAY ONLY BE PLACED ON THE BOOKS AS TWO-YEAR APPROPRIATIONS, FOR THE PURPOSE OF MAKING THE FUNDS AVAILABLE AT ONCE AND PRIOR TO THE FISCAL YEAR FOR WHICH MADE, WHEN IT IS SPECIFICALLY STATED IN THE ACT MAKING THE APPROPRIATION THAT SUCH FUNDS ARE TO BE AVAILABLE IMMEDIATELY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, APRIL 25, 1925:

I HAVE YOUR LETTER OF APRIL 9, 1925, WHEREIN YOU REQUEST DECISION WHETHER CERTAIN ITEMS CONTAINED IN THE ACT OF JANUARY 22, 1925, 43 STAT. 778, MAY BE CONSIDERED APPROPRIATIONS FOR PUBLIC BUILDINGS WITHIN THE MEANING OF SECTION 3684, REVISED STATUTES, OR, IF THEY ARE TO BE REGARDED AS ANNUAL APPROPRIATIONS, WHETHER THESE ITEMS MAY BE SET UP ON THE BOOKS OF THE TREASURY AS TWO-YEAR APPROPRIATIONS SO AS TO MAKE THEM AVAILABLE IMMEDIATELY.

SECTION 3684, REVISED STATUTES, PROVIDES:

ALL APPROPRIATIONS FOR PUBLIC BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT SHALL BE AVAILABLE IMMEDIATELY UPON THE APPROVAL OF THE ACT CONTAINING SUCH APPROPRIATIONS.

THE TWO ITEMS REFERRED TO IN YOUR LETTER APPEAR IN THE ACT OF JANUARY 22, 1925, UNDER THE GENERAL HEADING "PUBLIC BUILDINGS" AS FOLLOWS:

BALTIMORE, MARYLAND, MARINE HOSPITAL NUMBERED 1: FOR EXTENSION OF FIRE PROTECTION; MECHANICAL EQUIPMENT, HEATING OLD WARDS, NEW SEWERAGE AND DRAINAGE, BEDSIDE CALL SYSTEM, EXTENSION AND REMODELING OF ROADWAYS, AND SO FORTH, $44,000.

CARVILLE, LOUISIANA, MARINE HOSPITAL NUMBERED 66: FOR MISCELLANEOUS IMPROVEMENTS AND REPAIRS TO BUILDINGS AND GROUNDS, $25,000.

THE APPROPRIATIONS ARE FOR MISCELLANEOUS KINDS OF WORK, SUCH AS ARE USUALLY FOR ACCOMPLISHMENT WITHIN A FISCAL YEAR. IT HAS BEEN HELD THAT APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS ARE NOT APPROPRIATIONS FOR PUBLIC BUILDINGS WITHIN THE MEANING OF SECTION 3684, REVISED STATUTES, WHICH MAY BE SAID IN GENERAL TO HAVE REFERENCE TO APPROPRIATIONS PROVIDING FOR THE CONSTRUCTION OF PUBLIC BUILDINGS RATHER THAN THE ORDINARY REPAIRS AND IMPROVEMENTS IN THE USE AND MAINTENANCE OF BUILDINGS AFTER CONSTRUCTION. 1 COMP. GEN. 435.

THE FIRST PART OF YOUR QUESTION MUST THEREFORE BE ANSWERED IN THE NEGATIVE AND YOU ARE ADVISED THAT THE APPROPRIATIONS MADE IN THE TWO ITEMS MENTIONED IN YOUR LETTER ARE NOT APPROPRIATIONS FOR PUBLIC BUILDINGS AVAILABLE IMMEDIATELY WITHIN THE MEANING OF SECTION 3684, REVISED STATUTES.

WITH REGARD TO THE ALTERNATIVE PROPOSED BY YOUR LETTER OF PLACING THE TWO ITEMS ON THE BOOKS AS TWO-YEAR APPROPRIATIONS, I.E., 1925-26, FOR THE PURPOSE OF MAKING THE FUNDS AVAILABLE AT ONCE, YOU ARE ADVISED THAT THIS PROCEDURE MAY ONLY BE RESORTED TO WHEN IT IS SPECIFICALLY STATED IN THE ACT MAKING THE APPROPRIATIONS THAT THE FUNDS ARE TO BE AVAILABLE FORE THE BEGINNING OF THE FISCAL YEAR FOR WHICH THEY WERE MADE. THERE BEING NO SUCH PROVISION IN THE ACT RELATIVE TO THE ITEMS NOW UNDER CONSIDERATION, YOU ARE ADVISED THAT SUCH PROCEDURE IS NOT AUTHORIZED.

IT IS SUGGESTED, HOWEVER, THAT EVEN THOUGH NO DISBURSEMENT MAY BE MADE FROM THE APPROPRIATIONS MADE BY THESE ITEMS WHICH MUST BE CONSIDERED ON THE BASIS OF ANNUAL APPROPRIATIONS, THERE IS NO OBJECTION TO THE ENTERING INTO CONTRACTS FOR THE PERFORMANCE OF THE WORK CONTEMPLATED THEREUNDER WITH PROVISOS THAT PAYMENTS UNDER SUCH CONTRACTS ARE NOT TO BE MADE PRIOR TO THE BEGINNING OF THE FISCAL YEAR 1926.