B-132396, AUG. 27, 1957

B-132396, AUG. 27, 1957

TO MR. ERNEST W. VOGT, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF MAY 29, 1957 (YOUR REFERENCE R03-3.2), RECEIVED HERE JUNE 28, 1957, TRANSMITTED A VOUCHER IN FAVOR OF THE GENERAL SERVICES ADMINISTRATION FOR $30,149.13 COVERING THE COST OF PROVIDING AIR CONDITIONING FOR SPACE OCCUPIED BY THE WEATHER BUREAU ON THE SEVENTH AND EIGHTH FLOORS OF THE FEDERAL OFFICE BUILDING, KANSAS CITY, MISSOURI. YOU REQUESTED OUR DECISION AS TO WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT. YOUR LETTER IS, IN PART, AS FOLLOWS:

"* * * PART OF THE COST OF THE INSTALLATION COVERED FURNISHING A NEW TRANSFORMER TO PROVIDE THE NECESSARY ADDITIONAL LOAD CAPACITY. AS THIS TRANSFORMER REPRESENTS A CAPITAL IMPROVEMENT TO A BUILDING OWNED BY ANOTHER AGENCY, THE GENERAL SERVICES ADMINISTRATION, I WOULD APPRECIATE YOUR ADVICE WHETHER THE WEATHER BUREAU APPROPRIATION MAY BE USED TO PAY A PRO RATA SHARE OF THIS COST. THE AIR CONDITIONING UNITS ARE WINDOW UNITS AND MAY BE REGARDED AS PORTABLE WEATHER BUREAU PROPERTY, PROPERLY PROCURED FROM WEATHER BUREAU FUNDS.'

IT APPEARS THAT $11,262.06 OF THE $30,149.13 IS THE WEATHER BUREAU'S SHARE OF THE COST OF THE TRANSFORMER.

THE APPROPRIATION FOR THE FISCAL YEAR 1956 MADE TO THE GENERAL SERVICES ADMINISTRATION BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1956, 69 STAT. 199, 203, CONTAINS THE FOLLOWING PROVISION:

"* * * REPAIR, IMPROVEMENT, AND EQUIPMENT OF FEDERALLY OWNED BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA: FOR EXPENSES NECESSARY FOR THE REPAIR, ALTERATION, PRESERVATION, RENOVATION, IMPROVEMENT, EQUIPMENT, AND DEMOLITION OF FEDERALLY OWNED BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA * * * $25,000,000 * * *.'

FURNISHING AND INSTALLING A TRANSFORMER AND WINDOW AIR CONDITIONING UNITS WOULD APPEAR TO FALL WITHIN THE SCOPE OF THE TERMS, ALTERATIONS, RENOVATION, IMPROVEMENT, AND EQUIPMENT AS USED IN THE ABOVE-QUOTED APPROPRIATION PROVISION. WE HAVE HELD THAT THE APPROPRIATION OF MONEYS TO THE GENERAL SERVICES ADMINISTRATION FOR EQUIPMENT OR SERVICES IN FEDERALLY OWNED OR OCCUPIED BUILDINGS UNDER THE CONTROL OF THE ADMINISTRATION PRECLUDES EXPENDITURES FOR SUCH PURPOSES FROM THE GENERAL APPROPRIATIONS OF AGENCIES OCCUPYING SUCH BUILDINGS, IN THE ABSENCE OF A SPECIFIC APPROPRIATION THEREFOR. COMPARE 34 COMP. GEN. 42; B-31968 FEBRUARY 24, 1943; AND, B-123988 JULY 27, 1955. WEATHER BUREAU APPROPRIATIONS FOR FISCAL YEAR 1956 ARE NOT SPECIFICALLY AVAILABLE FOR THE COST OF AIR CONDITIONING SPACE OCCUPIED BY THE BUREAU IN BUILDINGS UNDER THE CONTROL OF THE GENERAL SERVICES ADMINISTRATION.

APPLICABLE GENERAL SERVICES ADMINISTRATION REGULATIONS (VOLUME GS 6 1, REAL PROPERTY MANAGEMENT) PROVIDE, IN PERTINENT PART:

"208.01 GENERAL. THIS SECTION DESCRIBES STANDARD PRACTICES WHICH APPLY TO THE SERVICING OF OFFICE AND OTHER BUILDINGS MANAGED AND SERVICED BY, AND UNDER THE CUSTODY OF, THE GENERAL SERVICES ADMINISTRATION FOR WHICH FUNDS FOR RENT, OPERATION, MAINTENANCE, PROTECTION, REPAIR, AND IMPROVEMENT ARE APPROPRIATED DIRECTLY TO THE ADMINISTRATION. * * *

"208.03 SPECIFIC SERVICES. THE FOLLOWING SERVICES, WHEN REQUIRED, ARE PROVIDED BY THE ADMINISTRATION WITHOUT COST TO THE OCCUPANT AGENCIES:

"A. THE FURNISHING AND MAINTENANCE OF BUILDING EQUIPMENT, SUCH AS * * * UNIT AIR CONDITIONERS * * *;

"D. RELOCATION, EXTENSION, AND REPLACEMENT OF EXISTING * * * LIGHTING, AND OTHER MECHANICAL SYSTEMS WHERE NECESSARY;

"E. MAKING BUILDING ALTERATIONS AND IMPROVEMENTS;

GENERALLY, THE SERVICES SPECIFIED IN THIS SECTION ARE BUDGETED FOR ON THE BASIS OF NORMAL SPACE NEEDS. THE PROVIDING OF SERVICES OF CONSIDERABLE MAGNITUDE IN THIS CATEGORY WILL DEPEND UPON THE ADMINISTRATION SECURING ADDITIONAL FUNDS THROUGH THE SUBMISSION OF APPROPRIATION REQUESTS. * *

THE ABOVE REGULATIONS MAKE IT APPARENT THAT THE GENERAL SERVICES ADMINISTRATION CONSIDERS THE FURNISHING OF UNIT AIR CONDITIONERS TO AGENCIES OCCUPYING SPACE UNDER GENERAL SERVICES ADMINISTRATION CONTROL TO BE ITS RESPONSIBILITY AND THAT AGENCIES SHOULD REQUEST GENERAL SERVICES ADMINISTRATION TO REQUEST APPROPRIATIONS FOR THAT PURPOSE.

THE LEGISLATIVE HISTORY OF THE ABOVE-QUOTED GENERAL SERVICES ADMINISTRATION APPROPRIATION PROVISION DISCLOSES THAT NO MONEY WAS BUDGETED OR REQUESTED THEREIN FOR PERMANENT AIR CONDITIONING AND THE CONGRESS WAS INFORMED THAT PROJECTS INCLUDED THEREIN DID NOT INCLUDE INSTALLATION OF NEW AIR CONDITIONING EQUIPMENT. SEE PAGES 825 TO 828 AND 861, PART 2, HOUSE HEARINGS ON INDEPENDENT OFFICES APPROPRIATION ACT FOR 1956. HOWEVER, IT APPEARS FROM SUCH HISTORY AND FROM THE LEGISLATIVE HISTORY OF A PROVISION IN THE SUPPLEMENTAL APPROPRIATION ACT, 1956, 69 STAT. 450, 458, MAKING ADDITIONAL FUNDS ($1,150,000) AVAILABLE FOR THE "REPAIR, IMPROVEMENT, AND EQUIPMENT OF FEDERALLY OWNED BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA" (TEMPORARY AIR CONDITIONING OF FEDERAL COURT FACILITIES) THAT THE CONGRESS RECOGNIZED THAT GENERAL SERVICES ADMINISTRATION HAD THE RESPONSIBILITY FOR AIR CONDITIONING BUILDINGS UNDER ITS CONTROL (RATHER THAN AGENCIES OCCUPYING SPACE THEREIN) AND APPARENTLY CONTEMPLATED MAKING FUNDS AVAILABLE IN FISCAL YEAR 1957 TO THE GENERAL SERVICES ADMINISTRATION FOR INITIATION OF A GENERAL PROGRAM OF PERMANENT AIR CONDITIONING OF BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA. SEE PAGES 708 TO 724, HOUSE HEARINGS ON THE SUPPLEMENTAL APPROPRIATION BILL, 1956; PAGES 590 TO 602 SENATE HEARINGS ON SAME BILL; PAGE 41, HOUSE REPORT NO. 1116, 84TH CONGRESS, 1ST SESSION; AND PAGE 21, SENATE REPORT NO. 1094, 84TH CONGRESS, 1ST SESSION. IN VIEW OF SUCH AN APPARENT INTENT ON THE PART OF THE CONGRESS, IT MUST BE ASSUMED THAT IN THE ABSENCE OF A SPECIFIC PROVISION FOR AIR CONDITIONING IN THE WEATHER BUREAU'S FISCAL YEAR 1956 APPROPRIATIONS THAT THE CONGRESS DID NOT INTEND FUNDS OF THE WEATHER BUREAU TO BE AVAILABLE FOR SUCH PURPOSES. HENCE, THERE WOULD APPEAR TO BE FOR APPLICATION 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.'

WE NOTE THAT IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1957, 70 STAT. 339, 343, THERE WAS APPROPRIATED TO THE GENERAL SERVICES ADMINISTRATION $42,565,550,"FOR EXPENSES NECESSARY FOR THE REPAIR, ALTERATION, PRESERVATION, RENOVATION, IMPROVEMENT, EXTENSION, EQUIPMENT," OF FEDERALLY OWNED BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA. THE LEGISLATIVE HISTORY OF THIS PROVISION DISCLOSES THAT THE GENERAL SERVICES ADMINISTRATION REQUESTED $15,000,000 FOR AIR CONDITIONING BUILDINGS UNDER ITS CONTROL DURING THE FISCAL YEAR 1957, INCLUDING $1,371,000 TO AIR CONDITION THE FEDERAL OFFICE BUILDING, KANSAS CITY, MISSOURI (PRESUMABLY THE BUILDING INVOLVED HERE), AND WAS GRANTED $13,500,000 OF THE AMOUNT REQUESTED. SEE PAGE 8, HOUSE REPORT NO. 1847, 84TH CONGRESS, 2D SESSION AND PAGES 722 TO 730, HEARINGS BEFORE THE SUBCOMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, 84TH CONGRESS, 2D SESSION, ON THE INDEPENDENT OFFICES APPROPRIATIONS FOR 1957.

IN VIEW OF THE FOREGOING, WE MUST HOLD THAT THE APPROPRIATIONS OF THE WEATHER BUREAU FOR FISCAL YEAR 1956 ARE NOT AVAILABLE TO PAY THE COSTS OF AIR CONDITIONING SPACE OCCUPIED BY THE BUREAU IN BUILDINGS UNDER THE CONTROL OF THE GENERAL SERVICES ADMINISTRATION. THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT, EITHER IN WHOLE OR IN PART.