A-95140, JUNE 3, 1938, 17 COMP. GEN. 1050

A-95140: Jun 3, 1938

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SPECIFIC APPROPRIATION AVAILABILITY WHERE THE INSTALLATION OF AN AUXILIARY AIR-CONDITIONING EXHAUST SYSTEM IN A PUBLIC BUILDING IN THE DISTRICT OF COLUMBIA IS DESIGNED TO IMPROVE THE BUILDING FOR OFFICE PURPOSES GENERALLY AND DOES NOT CONSIST OF CHANGES OR IMPROVEMENTS WHICH ARE RENDERED NECESSARY SOLELY BECAUSE OF THE SPECIALIZED WORK TO BE PERFORMED THEREIN BY THE AGENCY OCCUPYING THE SAME. IS NOT AVAILABLE FOR THE INSTALLATION AS THE APPROPRIATION &-R THE NATI-NAL PARK SERVICE PROVIDES SPECIFICALLY FOR IMPROVEMENTS TO PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA. THERE BEING FOR APPLICATION THE RULE THAT WHERE THERE IS AN APPROPRIATION FOR SPECIFIC PURPOSES. IS AS FOLLOWS: THE BUREAU OF MOTOR CARRIERS OF THE INTERSTATE COMMERCE COMMISSION NOW OCCUPIES CERTAIN SPACE IN THE POST OFFICE DEPARTMENT BUILDING.

A-95140, JUNE 3, 1938, 17 COMP. GEN. 1050

PUBLIC BUILDINGS - REPAIRS AND IMPROVEMENTS - GENERAL V. SPECIFIC APPROPRIATION AVAILABILITY WHERE THE INSTALLATION OF AN AUXILIARY AIR-CONDITIONING EXHAUST SYSTEM IN A PUBLIC BUILDING IN THE DISTRICT OF COLUMBIA IS DESIGNED TO IMPROVE THE BUILDING FOR OFFICE PURPOSES GENERALLY AND DOES NOT CONSIST OF CHANGES OR IMPROVEMENTS WHICH ARE RENDERED NECESSARY SOLELY BECAUSE OF THE SPECIALIZED WORK TO BE PERFORMED THEREIN BY THE AGENCY OCCUPYING THE SAME, THE APPROPRIATION FOR SAID AGENCY, CONTAINING NO PROVISION FOR ALTERATIONS OR IMPROVEMENTS OF PUBLIC BUILDINGS, IS NOT AVAILABLE FOR THE INSTALLATION AS THE APPROPRIATION &-R THE NATI-NAL PARK SERVICE PROVIDES SPECIFICALLY FOR IMPROVEMENTS TO PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA, THERE BEING FOR APPLICATION THE RULE THAT WHERE THERE IS AN APPROPRIATION FOR SPECIFIC PURPOSES, THE INADEQUACY THEREOF DOES NOT OPERATE TO AUTHORIZE THE USE FOR SUCH PURPOSES OF A MORE GENERAL APPROPRIATION. 16 COMP. GEN. 160; ID. 816, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, JUNE 3, 938:

YOUR LETTER OF MAY 21, 1938, IS AS FOLLOWS:

THE BUREAU OF MOTOR CARRIERS OF THE INTERSTATE COMMERCE COMMISSION NOW OCCUPIES CERTAIN SPACE IN THE POST OFFICE DEPARTMENT BUILDING. INCLUDED IN THIS SPACE ARE ROOMS 7006, 7010, 7012, 7014, 7016, 7011, 7013, AND 7015. THIS SPACE WAS ORIGINALLY DESIGNED FOR THE STORAGE OF FILES AND OTHER MATERIALS, AND THE AIR-CONDITIONING SYSTEM FOR THAT PURPOSE IS ADEQUATE. BECAUSE OF THE LACK OF GENERAL OFFICE SPACE, IT HAS BEEN FOUND NECESSARY TO CONVERT THE ABOVE ENUMERATED ROOMS FOR GENERAL OFFICE USE. LARGE NUMBER OF EMPLOYEES ARE HOUSED IN THESE ROOMS AND THE AIR SUPPLY IS BELOW THAT REQUIRED FOR COMFORTABLE CONDITIONING.

THE ACTING ASSISTANT DIRECTOR OF THE NATIONAL PARK SERVICE IN A COMMUNICATION DATED APRIL 30, 1938, STATES:

"IT IS BELIEVED THAT A MARKED DEGREE OF RELIEF COULD BE OBTAINED IF AN AUXILIARY EXHAUST SYSTEM WERE INSTALLED TO DRAW MORE AIR FROM THE GRILLES AND THUS INCREASE THE CIRCULATION.

"THE COST OF THIS WORK WOULD BE APPROXIMATELY $3,000. SINCE THE INTERSTATE COMMERCE COMMISSION IS NOW USING THE SPACE FOR PURPOSES OTHER THAN THOSE ORIGINALLY INTENDED BY THE ARCHITECTS, IT IS FELT THAT THE EXPENSE SHOULD BE BORNE BY YOUR COMMISSION, PARTICULARLY SINCE NO FUNDS ARE AVAILABLE TO THIS SERVICE FOR SUCH ALTERATIONS.

"THIS SERVICE WILL PROCEED AS RAPIDLY AS POSSIBLE WITH THE WORK UPON RECEIPT OF A REIMBURSABLE ORDER, BUT IT IS DOUBTFUL WITH THE RUSH OF WORK ENCUMBERING OUR BRANCH OF ENGINEERING DURING THE SPRING AND SUMMER MONTHS THAT THE INSTALLATION COULD BE MADE BEFORE MIDSUMMER.'

THE COMMISSION WOULD APPRECIATE AN EARLY RULING FROM YOU AS TO WHETHER THE FUNDS APPROPRIATED FOR THE ACTIVITIES OF THE INTERSTATE COMMERCE COMMISSION MAY BE USED FOR THE PURPOSE INDICATED.

THE ACT OF AUGUST 9, 1937, 50 STAT. 608, MAKING APPROPRIATIONS FOR THE INTERIOR DEPARTMENT FOR 1938 CONTAINS AN APPROPRIATION FOR SALARIES AND EXPENSES, PUBLIC BUILDINGS AND GROUNDS IN THE DISTRICT OF COLUMBIA, STATED, IN PART, AS FOLLOWS:

* * * FOR ADMINISTRATION, PROTECTION, MAINTENANCE, AND IMPROVEMENT OF PUBLIC BUILDINGS, MONUMENTS, MEMORIALS, AND GROUNDS IN THE DISTRICT OF COLUMBIA UNDER THE JURISDICTION OF THE NATIONAL PARK SERVICE, * * *; EXPENSES INCIDENT TO MOVING VARIOUS EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS IN CONNECTION WITH THE ASSIGNMENT, ALLOCATION, TRANSFER, AND SURVEY OF BUILDING SPACE; * * * AND NOT TO EXCEED $500,000 SHALL BE AVAILABLE FOR MAJOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS, MONUMENTS, MEMORIALS, AND GROUNDS IN THE DISTRICT OF COLUMBIA: * * *.

I FIND NO PROVISION IN THE INTERSTATE COMMERCE APPROPRIATION FOR 1938, ACT OF JUNE 28, 1937, 50 STAT. 336 TO 338, FOR ALTERATIONS OR IMPROVEMENTS OF PUBLIC BUILDINGS. THE CONTEMPLATED WORK IN THIS CASE DOES NOT CONSIST OF CHANGES OR IMPROVEMENTS WHICH COULD BE SAID TO HAVE BEEN RENDERED NECESSARY SOLELY BECAUSE OF THE SPECIALIZED WORK TO BE PERFORMED THEREIN BY THE INTERSTATE COMMERCE COMMISSION, SEE 16 COMP. GEN. 160; ID. 816, BUT WOULD APPEAR NECESSARY OR DESIRABLE FOR THE OCCUPANCY OF THE SPACE BY ANY GOVERNMENT OFFICE FORCE. ACCORDINGLY, THERE IS FOR APPLICATION THE ESTABLISHED RULE THAT WHERE THERE IS AN APPROPRIATION FOR SPECIFIC PURPOSES THE INADEQUACY THEREOF DOES NOT OPERATE TO AUTHORIZE THE USE FOR SUCH PURPOSES OF A MORE GENERAL APPROPRIATION. THE APPROPRIATION FOR THE NATIONAL PARK SERVICE PROVIDES SPECIFICALLY FOR IMPROVEMENTS TO PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA AND WORK OF THE NATURE REFERRED TO IN YOUR SUBMISSION CLEARLY IS DESIGNED TO IMPROVE THIS BUILDING FOR OFFICE PURPOSES GENERALLY. ACCORDINGLY, IT MUST BE HELD THAT THE APPROPRIATIONS OF THE INTERSTATE COMMERCE COMMISSION ARE NOT AVAILABLE THEREFOR.