B-121263, MARCH 21, 1955, 34 COMP. GEN. 454

B-121263: Mar 21, 1955

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WELFARE ARE NOT AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR THE COST OF PROVIDING A NEW GUARD LOCKER ROOM TO BE USED IN PLACE OF THE PRESENT GUARD ROOM WHICH HAS BEEN FITTED AS AN EMERGENCY OPERATIONS ROOM FOR THE USE OF THE DEPARTMENT. 1955.- REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 2. SINCE THIS ROOM IS PRESENTLY BEING USED BY PUBLIC BUILDINGS SERVICE AS A GUARD LOCKER ROOM. IT WILL BE NECESSARY TO MAKE ALTERATIONS IN ANOTHER ROOM TO PROVIDE A NEW GUARD LOCKER ROOM. SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE. THE QUESTION HERE INVOLVED IS SUBSTANTIALLY THE SAME AS THAT CONSIDERED IN DECISION OF JULY 7.

B-121263, MARCH 21, 1955, 34 COMP. GEN. 454

APPROPRIATIONS - DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE - AVAILABILITY FOR PROVIDING LOCKER ROOM FOR GENERAL SERVICES ADMINISTRATION GUARDS APPROPRIATIONS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ARE NOT AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR THE COST OF PROVIDING A NEW GUARD LOCKER ROOM TO BE USED IN PLACE OF THE PRESENT GUARD ROOM WHICH HAS BEEN FITTED AS AN EMERGENCY OPERATIONS ROOM FOR THE USE OF THE DEPARTMENT, IN VIEW OF SECTION 3678, REVISED STATUTES, WHICH LIMITS THE EXPENDITURE OF APPROPRIATIONS TO THE PURPOSES FOR WHICH MADE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, MARCH 21, 1955.-

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 2, 1954, FROM THE ASSISTANT ADMINISTRATOR, REQUESTING A DECISION AS TO WHETHER, UNDER THE CIRCUMSTANCES HEREINAFTER RELATED, THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE MAY REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR CERTAIN ALTERATIONS TO A ROOM TO PERMIT ITS USE BY THE PUBLIC BUILDINGS SERVICE AS A GUARD LOCKER ROOM.

THE LETTER STATES THAT THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HAS REQUESTED GENERAL SERVICES ADMINISTRATION TO MAKE CERTAIN ALTERATIONS IN A ROOM IN THE HEALTH, EDUCATION, AND WELFARE BUILDING IN WASHINGTON, D.C., TO FIT IT FOR USE AS AN EMERGENCY OPERATIONS ROOM. SINCE THIS ROOM IS PRESENTLY BEING USED BY PUBLIC BUILDINGS SERVICE AS A GUARD LOCKER ROOM, IT WILL BE NECESSARY TO MAKE ALTERATIONS IN ANOTHER ROOM TO PROVIDE A NEW GUARD LOCKER ROOM. WHILE THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HAS AGREED TO REIMBURSE GENERAL SERVICES ADMINISTRATION FOR THE COST OF NECESSARY ALTERATIONS TO PREPARE THE EMERGENCY OPERATIONS ROOM, IT HAS DECLINED TO DO SO WITH RESPECT TO THE PREPARATION OF THE GUARD LOCKER ROOM. THE LEGALITY OF THE REIMBURSEMENT FOR PREPARATION OF THE GUARD LOCKER ROOM DEPENDS UPON THE AVAILABILITY OF APPROPRIATED FUNDS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE FOR SUCH PURPOSE.

CONSIDERATION OF THE MATTER NECESSARILY INVOLVES SECTION 3678, REVISED STATUTES, 31 U.S.C. 628, WHICH PROVIDES:

EXCEPT AS OTHERWISE PROVIDED BY LAW, SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS.

THE QUESTION HERE INVOLVED IS SUBSTANTIALLY THE SAME AS THAT CONSIDERED IN DECISION OF JULY 7, 1942, B-27024, TO THE SECRETARY OF THE NAVY. THAT CASE, THE NAVY HAD FOUND IT NECESSARY TO UTILIZE FACILITIES UNDER THE JURISDICTION OF THE PUBLIC HEALTH SERVICE AS A QUARANTINE STATION AND HAD ASSURED THE FEDERAL SECURITY AGENCY THAT SUCH FACILITIES WOULD BE RELOCATED ON ANOTHER SITE BY THE NAVY DEPARTMENT. THE QUESTION WAS WHETHER ANY FUND OR APPROPRIATION OF THE NAVY DEPARTMENT WAS LEGALLY AVAILABLE FOR EXPENDITURE IN CONNECTION WITH THE RELOCATION, PARTICULAR REFERENCE BEING MADE TO THE NAVAL EMERGENCY FUND. IT WAS HELD:

* * * THE APPROPRIATIONS UNDER THE NAVAL EMERGENCY FUND ARE AVAILABLE ONLY FOR NAVAL OBJECTS AND PURPOSES, AND THE CONSTRUCTION OF A UNITED STATES QUARANTINE STATION DOES NOT FALL WITHIN EITHER OF THOSE CATEGORIES. I FIND NO OTHER APPROPRIATION UNDER THE CONTROL OF THE NAVY DEPARTMENT WHICH APPEARS TO CONTEMPLATE CONSTRUCTION WORK OF SUCH A NATURE. IT WAS FURTHER HELD THAT THE FACT THAT THE BUILDINGS PROPOSED TO BE BUILT FOR THE PUBLIC HEALTH SERVICE WERE MERELY AN EXCHANGE FOR BUILDINGS FORMERLY USED BY THAT SERVICE WHICH HAD BEEN TAKEN FOR NAVAL PURPOSES DID NOT RENDER THE CONSTRUCTION THEREOF A NAVAL PURPOSE WITHIN THE MEANING OF THE NAVY'S APPROPRIATIONS.

ALSO, A SIMILAR SITUATION WAS INVOLVED IN DECISION OF MARCH 31, 1954, B- 119341, TO THE POSTMASTER GENERAL, PUBLISHED AT 33 COMP. GEN. 423. THAT CASE THE POST OFFICE DEPARTMENT REQUIRED SPACE IN POST OFFICE BUILDINGS WHICH WAS OCCUPIED BY OTHER GOVERNMENT AGENCIES AND REQUESTED A DECISION AS TO WHETHER THE POST OFFICE DEPARTMENT COULD PAY THE COST OF MOVING SUCH AGENCIES AND PAY RENT ON THEIR BEHALF UNTIL THEY COULD OBTAIN APPROPRIATIONS THEREFOR. IT WAS HELD THAT, WHILE THE FUNDS CONTAINED IN THE APPROPRIATION FOR POSTAL OPERATIONS, POST OFFICE DEPARTMENT APPROPRIATION ACT, 1954, 67 STAT. 70, WERE AVAILABLE FOR RENT OF COMMERCIAL SPACE NEEDED BY CERTAIN ACTIVITIES OF THE DEPARTMENT AND FOR OTHER EXPENSES NECESSARY FOR POSTAL OPERATIONS, THERE WAS NOTHING IN SAID ACT TO INDICATE THAT THE FUNDS PROVIDED THEREIN COULD BE USED TO PAY RENT FOR SPACE OCCUPIED BY OTHER AGENCIES OF THE GOVERNMENT. SEE, ALSO, B- 86457, JUNE 3, 1949, 27 COMP. GEN. 391; 22 ID. 462.

NOTHING HAS BEEN FOUND IN THE CURRENT APPROPRIATIONS FOR THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE WHICH WOULD AUTHORIZE THAT DEPARTMENT TO EXPEND TO EXPEND FUNDS FOR A GUARD LOCKER ROOM. FURTHERMORE, THE APPROPRIATIONS FOR THE GENERAL SERVICES ADMINISTRATION INCLUDE PROVISIONS FOR FURNISHING NORMAL PROTECTION OR GUARDING OF GOVERNMENT BUILDINGS UNDER THE CONTROL OF SUCH ADMINISTRATION, WHICH WOULD INCLUDE FURNISHING A GUARD LOCKER ROOM. ACCORDINGLY, IT MIGHT BE CONCLUDED THAT THE APPROPRIATIONS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ARE NOT AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR THE COST OF PROVIDING THE NEW GUARD LOCKER ROOM HERE IN QUESTION.