B-107681, FEBRUARY 19, 1952, 31 COMP. GEN. 412

B-107681: Feb 19, 1952

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INDICATES THAT A SUBSTANTIAL PORTION OF SUCH FUNDS WERE TO BE USED AS A CAPITAL CUSHION FOR THE FREEDOM FAIR. A LIMITATION TO THAT EFFECT WAS NOT CONTAINED IN SAID APPROPRIATION ACT. THE BALANCE OF THE APPROPRIATED FUNDS IS AVAILABLE FOR EXPENSES REASONABLY NECESSARY OR INCIDENT TO THE PRODUCTION OF THE DRAMA " FAITH OF OUR FATHERS" FOR A THIRD SEASON. 1952: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. 889.00 IS HEREBY APPROVED. THE DIRECTOR OF THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION IS HEREBY EMPOWERED AND AUTHORIZED TO EXERCISE ALL THE POWERS AND FUNCTIONS GRANTED TO THE COMMISSION BY THE ACT APPROVED MAY 31. THE FUNDS IN QUESTION WERE CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT.

B-107681, FEBRUARY 19, 1952, 31 COMP. GEN. 412

APPROPRIATIONS - NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION - AVAILABILITY FOR PRODUCTION OF ,FAITH OF OUR FATHERS" WHILE THE LEGISLATIVE HISTORY OF THE SUPPLEMENTAL APPROPRIATION ACT, 1950, APPROPRIATING FUNDS FOR EXPENDITURE BY THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION IN ACCORDANCE WITH THE ACTS OF JULY 18, 1947 AND MAY 31, 1949, INDICATES THAT A SUBSTANTIAL PORTION OF SUCH FUNDS WERE TO BE USED AS A CAPITAL CUSHION FOR THE FREEDOM FAIR, A LIMITATION TO THAT EFFECT WAS NOT CONTAINED IN SAID APPROPRIATION ACT, ACCORDINGLY, THE BALANCE OF THE APPROPRIATED FUNDS IS AVAILABLE FOR EXPENSES REASONABLY NECESSARY OR INCIDENT TO THE PRODUCTION OF THE DRAMA " FAITH OF OUR FATHERS" FOR A THIRD SEASON.

COMPTROLLER GENERAL WARREN TO THE EXECUTIVE VICE CHAIRMAN, NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION, FEBRUARY 19, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1952, REQUESTING TO BE ADVISED WHETHER FUNDS APPROPRIATED TO YOUR COMMISSION MAY BE USED FOR THE PURPOSES STATED IN A RESOLUTION NOW PENDING ACTION BEFORE YOUR COMMISSION.

SUCH RESOLUTION READS IN PERTINENT PART AS FOLLOWS:

BE IT RESOLVED BY THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION THAT THE BUDGET FOR THE ADMINISTRATION OF THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION, AS APPROVED BY THE BUREAU OF THE BUDGET, INCLUDING ADMINISTRATIVE SALARIES AND EXPENSES; SALARIES AND EXPENSE IN CONNECTION WITH THE SETTLEMENT OF CLAIMS ARISING OUT OF THE PROJECTED " FREEDOM FAIR; " PRODUCTION OF " FAITH OF OUR FATHERS" FOR THE THIRD SUCCESSIVE SEASON, OPERATION OF THE CARTER BARRON AMPHITHEATER; IMPROVEMENTS, REPAIRS AND BETTERMENTS TO THE CARTER BARRON AMPHITHEATER (NOT TO EXCEED $200,000), $460,889.00 IS HEREBY APPROVED, AND THE DIRECTOR OF THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION IS HEREBY EMPOWERED AND AUTHORIZED TO EXERCISE ALL THE POWERS AND FUNCTIONS GRANTED TO THE COMMISSION BY THE ACT APPROVED MAY 31, 1949 ( P.L. 78, 81ST CONGRESS, CH. 151, ST SESS.) IN CARRYING OUT THE OBJECTIVES OF THIS RESOLUTION.

YOUR LETTER ALSO CONTAINS A LIST OF CERTAIN IMPROVEMENTS, TOTALING $200,000, PROPOSED TO BE MADE TO THE GROUNDS AND STRUCTURE OF THE CARTER BARRON AMPHITHEATER IN CONNECTION WITH THE CONTINUANCE OF THE PRODUCTION OF " FAITH OF OUR FATHERS.'

THE FUNDS IN QUESTION WERE CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1950, 63 STAT. 872, WHICH ACT READS IN PERTINENT PART AS FOLLOWS:

FOR EXPENSES NECESSARY FOR THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION TO PREPARE AND CARRY OUT A PROGRAM FOR THE COMMEMORATION OF THE ONE HUNDRED AND FIFTIETH ANNIVERSARY OF THE ESTABLISHMENT OF THE SEAT OF THE FEDERAL GOVERNMENT IN THE DISTRICT OF COLUMBIA, AS AUTHORIZED BY THE ACTS OF JULY 18, 1947 ( PUBLIC LAW 203), AND MAY 31, 1949 ( PUBLIC LAW 78), INCLUDING PERSONAL SERVICES AND RENT IN THE DISTRICT OF COLUMBIA; SERVICES AS AUTHORIZED BY SECTION 15 OF THE ACT OF AUGUST 2, 1946 (5 U.S.C. 55A); AND SUCH CONSTRUCTION OR OTHER EXPENSES AS MAY NOW BE AUTHORIZED BY LAW; $3,000,000.

THE ACT OF JULY 18, 1947, 61 STAT. 396, CREATED THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION AND AUTHORIZED IT TO PREPARE A PLAN OR PLANS AND A PROGRAM FOR THE SIGNALIZING OF THE ONE HUNDRED AND FIFTIETH ANNIVERSARY OF THE ESTABLISHMENT OF THE SEAT OF THE FEDERAL GOVERNMENT IN THE DISTRICT OF COLUMBIA. THE ACT ALSO PROVIDES THAT THE COMMISSION SHALL EXPIRE DECEMBER 31, 1952.

THE ACT OF MAY 31, 1949, 63 STAT. 140, 141, AMONG OTHER THINGS, AUTHORIZED THE COMMISSION TO CARRY OUT THE PLANS ADOPTED BY IT AND TO MODIFY SUCH PLANS WHENEVER IN THE DISCRETION OF THE COMMISSION SUCH ACTION IS NECESSARY AND DESIRABLE; TO ERECT, LANDSCAPE, DECORATE, AND MAINTAIN BUILDINGS NEEDED TO FURTHER THE PURPOSES OF THE SESQUICENTENNIAL CELEBRATION; TO FIX AND COLLECT CHARGES FOR ADMISSIONS TO EXHIBITS, PLAYS, AND DRAMATIC PRODUCTIONS; AND AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF SUCH ACT, TO REMAIN AVAILABLE UNTIL EXPENDED EXCEPT THAT UPON THE TERMINATION OF THE COMMISSION ANY UNEXPENDED OR UNOBLIGATED BALANCES SHALL BE COVERED BACK INTO THE TREASURY OF THE UNITED STATES.

THE ACTION PROPOSED IN THE RESOLUTION NOW PENDING CONSIDERATION BY YOUR COMMISSION, INSOFAR AS IT RELATES TO PRESENTATION OF THE DRAMA " FAITH OF OUR FATHERS" FOR THE THIRD SUCCESSIVE SEASON, APPEARS TO BE WITHIN THE LIMITS OF THE AUTHORITY CONFERRED UPON YOUR COMMISSION BY THE VARIOUS ACTS REFERRED TO ABOVE. HOWEVER, YOUR QUESTION IN THE MATTER APPARENTLY ARISES BY REASON OF CERTAIN REFERENCES CONTAINED IN THE LEGISLATIVE HISTORY OF THE SUPPLEMENTAL APPROPRIATION ACT, 1950, WHICH INDICATE THAT THE BALANCE OF THE FUNDS IN QUESTION NOW SHOULD NOT BE USED INASMUCH AS PLANS FOR THE FREEDOM FAIR WERE NOT CARRIED INTO EFFECT.

IN THIS CONNECTION, PAGE 4 OF SENATE REPORT NO. 1092, ACCOMPANYING H.R. 6008, 81ST CONGRESS, ST SESSION, CONTAINS THE FOLLOWING STATEMENT:

IT WAS TESTIFIED AT THE SENATE HEARINGS, THAT APPROXIMATELY $682,850 IS REQUIRED TO PUT INTO OPERATION SO-CALLED PLAN A, BUT THAT APPROXIMATELY $2,317,150 WAS BEING REQUESTED AS A CAPITAL CUSHION FOR THE FREEDOM FAIR. IT WAS ALSO TESTIFIED THAT THIS CAPITAL CUSHION WOULD NOT BE USED BY THE COMMISSION UNLESS, AND UNTIL, IT WAS REASONABLY SURE THAT IT COULD CREATE AND GO FORWARD WITH THE FREEDOM FAIR. IT WAS FURTHER POINTED OUT THAT IF THE COMMISSION'S LEASING BUREAU IS SUCCESSFUL IN RAISING FUNDS, IT MAY BE NECESSARY TO USE ONLY ABOUT $100,000 OF THE $2,317,150 CAPITAL CUSHION.

NOTWITHSTANDING SUCH REPORT BY THE SENATE COMMITTEE ON APPROPRIATIONS, NO LIMITATION IN THIS RESPECT IS CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1950. THE FUNDS PROVIDED THEREIN SPECIFICALLY ARE AUTHORIZED TO BE EXPENDED IN ACCORDANCE WITH THE ACTS OF JULY 18, 1947 AND MAY 31, 1949, SUPRA.

ACCORDINGLY, YOU ARE ADVISED, AS INDICATED ABOVE, THAT FUNDS APPROPRIATED TO THE NATIONAL CAPITAL SESQUICENTENNIAL COMMISSION BY PUBLIC LAW 358, 81ST CONGRESS, ARE AVAILABLE FOR ANY EXPENSES REASONABLY NECESSARY OR INCIDENT TO THE PRODUCTION OF THE DRAMA " FAITH OF OUR FATHERS" FOR A THIRD SEASON. HOWEVER, THE RECORD IS NOT SUFFICIENTLY COMPLETE TO PERMIT A DETERMINATION BY THIS OFFICE AT THIS TIME AS TO WHETHER ANY OF THE INDIVIDUAL ITEMS OF IMPROVEMENTS OR BETTERMENTS LISTED IN YOUR LETTER MAY BE SAID TO BE REASONABLY NECESSARY AND INCIDENT TO THE CONTINUATION OF THE PRODUCTION FOR A THIRD SEASON AND, CONSEQUENTLY, NO DECISION IS BEING MADE AS TO THE AVAILABILITY OF FUNDS FOR ANY PARTICULAR ITEM OF EXPENDITURE IN SUCH CONNECTION.

ON THE OTHER HAND, IF UNDER THE STATUTORY AUTHORITY TO MODIFY THE ORIGINAL PLANS "WHENEVER IN THE DISCRETION OF THE COMMISSION SUCH ACTION IS NECESSARY AND DESIRABLE," THE COMMISSION DECIDES THAT THE PROPOSES IMPROVEMENTS AND BETTERMENTS SHOULD BE MADE, OTHERWISE PROPER EXPENDITURES OF FUNDS FOR SUCH PURPOSE WOULD BE AUTHORIZED.