B-13468, NOVEMBER 20, 1940, 20 COMP. GEN. 272

B-13468: Nov 20, 1940

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FOR A NEW WING FOR THE NAVY DEPARTMENT BUILDING IN WASHINGTON IS EXCLUSIVELY AVAILABLE FOR SUCH STRUCTURE AND MAY NOT BE SUPPLEMENTED FROM A REGULAR NAVY APPROPRIATION IN ORDER TO BUILD A MORE EXPENSIVE WING. EVEN THOUGH THERE IS STATUTORY AUTHORITY FOR PROVIDING ESSENTIAL FACILITIES AT EITHER PRIVATE OR NAVAL ESTABLISHMENTS FOR BUILDING OR EQUIPPING VESSELS AND FOR INCREASING LIMIT OF COST OF VESSELS AND OTHER NAVAL PROJECTS OF CONSTRUCTION AS MUCH AS MAY BE NECESSARY TO EXPEDITE NATIONAL DEFENSE. 1940: I HAVE YOUR LETTER OF NOVEMBER 14. AT THE TIME THAT THE ESTIMATE WAS SUBMITTED TO THE BUREAU OF THE BUDGET AND TO THE CONGRESS FOR THE CONSTRUCTION OF THE ADDITIONAL OFFICE SPACE FOR THE NAVY DEPARTMENT IT WAS EXPECTED THAT THE NAVY DEPARTMENT WOULD BE ASSIGNED OFFICE SPACE IN THE THREE EASTERN WINGS AND HEADHOUSES OF THE MUNITIONS BUILDING.

B-13468, NOVEMBER 20, 1940, 20 COMP. GEN. 272

APPROPRIATIONS - PUBLIC BUILDINGS - SUPPLEMENTING FROM GENERAL APPROPRIATIONS THE SPECIFIC APPROPRIATION UNDER THE PUBLIC BUILDINGS ADMINISTRATION IN THE ACT OF OCTOBER 9, 1940, FOR A NEW WING FOR THE NAVY DEPARTMENT BUILDING IN WASHINGTON IS EXCLUSIVELY AVAILABLE FOR SUCH STRUCTURE AND MAY NOT BE SUPPLEMENTED FROM A REGULAR NAVY APPROPRIATION IN ORDER TO BUILD A MORE EXPENSIVE WING, EVEN THOUGH THERE IS STATUTORY AUTHORITY FOR PROVIDING ESSENTIAL FACILITIES AT EITHER PRIVATE OR NAVAL ESTABLISHMENTS FOR BUILDING OR EQUIPPING VESSELS AND FOR INCREASING LIMIT OF COST OF VESSELS AND OTHER NAVAL PROJECTS OF CONSTRUCTION AS MUCH AS MAY BE NECESSARY TO EXPEDITE NATIONAL DEFENSE, ETC.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, NOVEMBER 20, 1940:

I HAVE YOUR LETTER OF NOVEMBER 14, 1940, AS FOLLOWS:

THE FIRST SUPPLEMENTAL CIVIL FUNCTIONS APPROPRIATION ACT, 1941, APPROVED OCTOBER 9, 1940 ( PUBLIC, NO. 812--- 79TH CONGRESS). PROVIDES AN APPROPRIATION UNDER " FEDERAL WORKS AGENCY, PUBLIC BUILDINGS ADMINISTRATION" OF $590,000 FOR THE CONSTRUCTION OF AN ADDITIONAL WING ON THE NAVY DEPARTMENT BUILDING, WASHINGTON, D.C., AND AN ADDITIONAL STORY ON WING NO. 1 THEREOF.

AT THE TIME THAT THE ESTIMATE WAS SUBMITTED TO THE BUREAU OF THE BUDGET AND TO THE CONGRESS FOR THE CONSTRUCTION OF THE ADDITIONAL OFFICE SPACE FOR THE NAVY DEPARTMENT IT WAS EXPECTED THAT THE NAVY DEPARTMENT WOULD BE ASSIGNED OFFICE SPACE IN THE THREE EASTERN WINGS AND HEADHOUSES OF THE MUNITIONS BUILDING.

SUBSEQUENT DEVELOPMENTS HAVE MADE IT IMPRACTICABLE THAT THE NAVY DEPARTMENT BE ASSIGNED ADDITIONAL OFFICE SPACE IN THE MUNITIONS BUILDING. THIS FACT, TOGETHER WITH THE INCREASING URGENT NEED FOR ADDITIONAL OFFICE SPACE FOR THE NAVY DEPARTMENT, MAKES IT IMPERATIVE THAT ACTION BE TAKEN TO OBTAIN ADDITIONAL SPACE TO RELIEVE THE PRESENT CROWDED CONDITIONS IN THE NAVY DEPARTMENT BUILDING.

THE MOST FEASIBLE METHOD BY WHICH TO ACCOMPLISH THIS PURPOSE WOULD BE TO PROVIDE ADDITIONAL SPACE CONTIGUOUS TO THE EXISTING NAVY DEPARTMENT BUILDING. AVAILABLE APPROPRIATIONS PROVIDE FOR THE CONSTRUCTION OF PENTHOUSES ON ALL OF THE WINGS OF THE NAVY AND OF THE MUNITIONS BUILDINGS, BUT THE APPROPRIATION MADE IN PUBLIC ACT 812, SUPRA, FOR THE NEW WING ON THE EAST SIDE OF THE NAVY BUILDING IS NOT SUFFICIENTLY LARGE TO PERMIT THE CONSTRUCTION OF A PENTHOUSE THEREON. SUCH A PENTHOUSE WOULD PROVIDE APPROXIMATELY 24,760 SQUARE FEET OF ADDITIONAL OFFICE SPACE FOR THE NAVY DEPARTMENT.

THE PRESENT EASTERLY WINGS AND AREAS OF THE NAVY BUILDING ARE OCCUPIED BY THE BUREAU OF SHIPS, WHICH BUREAU IS CHARGED BY LAW WITH THE PROSECUTION OF THE NAVY SHIPBUILDING PROGRAM. SAID BUREAU AS WELL AS OTHERS IN THE NAVY DEPARTMENT HAS BEEN EXPANDING RAPIDLY AND THE NEED FOR ADDITIONAL OFFICE SPACE SUCH AS COULD BE PROCURED THROUGH THE CONSTRUCTION OF A PENTHOUSE ON THE NEW FIRST WING IS OF VITAL IMPORTANCE FOR THE EFFICIENT ADMINISTRATION OF THE NAVY'S NATIONAL DEFENSE PROGRAM. TO AMELIORATE THE SERIOUS HOUSING CONDITION, THE BUREAU OF SHIPS IS WILLING TO MAKE AVAILABLE SUFFICIENT FUNDS FROM ITS APPROPRIATION TO PERMIT THE CONSTRUCTION OF A PENTHOUSE ON THE NEW FIRST WING TO BE ERECTED.

THE APPROPRIATION PROPOSED TO BE USED FOR THIS PURPOSE IS " REPLACEMENT OF NAVAL VESSELS ( CONSTRUCTION AND MACHINERY).' SECTION 3 OF PUBLIC ACT 757--- 76TH CONGRESS, APPROVED JULY 19, 1940, ENTITLED "AN ACT TO ESTABLISH THE COMPOSITION OF THE UNITED STATES NAVY, TO AUTHORIZE THE CONSTRUCTION OF CERTAIN NAVAL VESSELS, AND FOR OTHER PURPOSES" CONTAINS THE FOLLOWING AUTHORIZATION:

"THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY OF THE UNITED STATES * * * SUCH SUMS AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ACT, INCLUDING NOT TO EXCEED $150,000,000 FOR ESSENTIAL EQUIPMENT AND FACILITIES AT EITHER PRIVATE OR NAVAL ESTABLISHMENTS FOR BUILDING OR EQUIPPING ANY COMPLETE NAVAL VESSEL OR PORTION THEREOF * * *. THE AUTHORITY HEREIN GRANTED FOR ESSENTIAL EQUIPMENT AND FACILITIES, AND FOR THE EXPANSION OF FACILITIES SHALL INCLUDE THE AUTHORITY TO ACQUIRE LANDS AT SUCH LOCATIONS AS THE SECRETARY OF THE NAVY WITH THE APPROVAL OF THE PRESIDENT MAY DEEM BEST SUITED TO THE PURPOSE, ERECT BUILDINGS, AND ACQUIRE THE NECESSARY MACHINERY AND EQUIPMENT.'

THE LANGUAGE OF THE ABOVE QUOTED PROVISION WOULD APPEAR TO BE SUFFICIENTLY BROAD TO AUTHORIZE EXPENDITURES FOR ALL PURPOSES NECESSARY TO CARRY INTO EFFECT THE NAVAL SHIPBUILDING PROGRAM INCLUDING THE PROVIDING OF ADMINISTRATIVE OFFICES INCIDENTAL TO AND ESSENTIALLY A PART OF THE PROGRAM.

SECTION 8 (A) OF PUBLIC ACT 671--- 76TH CONGRESS, APPROVED JUNE 28, 1940, ENTITLED "AN ACT TO EXPEDITE NATIONAL DEFENSE AND FOR OTHER PURPOSES" READS IN PART:

"THE LIMIT OF COST OF THE VESSELS AUTHORIZED BY THE ACT OF JUNE 30, 1937 (50 STAT. 544,) AND ANY STATUTORY LIMITATION WITH RESPECT TO THE COST OF ANY OTHER INDIVIDUAL NAVAL PROJECT OF CONSTRUCTION ARE HEREBY INCREASED AS MAY BE NECESSARY TO EXPEDITE NATIONAL DEFENSE AND OTHERWISE EFFECTUATE THE PURPOSES OF THIS ACT * * *.'

THE PROVISION OF ADMINISTRATIVE OFFICE SPACE FOR THE NAVY DEPARTMENT IS BELIEVED TO BE AN ,INDIVIDUAL NAVAL PROJECT OF CONSTRUCTION" WITHIN THE PURVIEW OF THE ACT LAST ABOVE QUOTED REGARDLESS OF THE FEDERAL AGENCY TO WHICH THE BASIC APPROPRIATION FOR ADDITIONS FOR THE NAVY BUILDING WAS MADE.

UNDER EXISTING LAWS THE SUPERVISION AND COGNIZANCE OF FEDERAL BUILDINGS IN THE DISTRICT OF COLUMBIA ARE PLACED UNDER THE PUBLIC BUILDINGS ADMINISTRATION OF THE FEDERAL WORKS AGENCY. IT IS OBVIOUS, HOWEVER, THAT ADMINISTRATIVE ACTION TO MAKE AVAILABLE OFFICE SPACE IN WASHINGTON HAS NOT KEPT PACE WITH THE NEEDS OF THE NAVY DEPARTMENT FOR THE EXPANSION THAT HAS RESULTED AND WILL CONTINUE TO RESULT IN CONNECTION WITH THE FURTHERANCE OF THE NATIONAL DEFENSE PROGRAM.

FOR THIS REASON IT IS ASSUMED THAT THE ACTS OF CONGRESS CONTAINING AUTHORIZATIONS AND APPROPRIATIONS FOR THE EXPANSION PROGRAM FOR THE NAVY, TOGETHER WITH THE BROAD PROVISIONS OF PUBLIC ACT 671 "TO EXPEDITE NATIONAL DEFENSE AND FOR OTHER PURPOSES" PRESUPPOSE THAT THE NAVY DEPARTMENT HAS AVAILABLE SUCH AUTHORITY AS MAY BE NECESSARY TO PROVIDE FOR THE EFFICIENT CARRYING OUT OF ITS PROGRAM. THE PROVISION OF PROPER AND ADEQUATE OFFICE SPACE IS A PRIMARY AND ESSENTIAL PART OF SAID PROGRAM.

THE PROSECUTION OF THE NATIONAL DEFENSE PROGRAM IS IN PART A FUNCTION OF THE NAVY DEPARTMENT AND THE BROAD SCOPE OF EXISTING LAWS TO EFFECTUATE THE PURPOSES OF NATIONAL DEFENSE WOULD APPEAR TO AUTHORIZE THE TRANSFER BY THE NAVY DEPARTMENT TO THE PUBLIC BUILDINGS ADMINISTRATION OF THE FEDERAL WORKS AGENCY SUFFICIENT FUNDS TO PERMIT THE CONSTRUCTION OF ADDITIONAL OFFICE SPACE FOR ADMINISTRATIVE PURPOSES IN THE FORM OF A PENTHOUSE TO BE ERECTED ON THE NEW FIRST WING OF THE NAVY BUILDING.

PENTHOUSES THAT HAVE BEEN CONSTRUCTED ON THE NAVY BUILDING ARE OF A TEMPORARY CHARACTER AND THE ONE PROPOSED FOR ERECTION ON THE FIRST WING WOULD BE OF SIMILAR CONSTRUCTION. IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT THE PRESENT NAVY BUILDING IS CHARACTERIZED AS A TEMPORARY OFFICE BUILDING IN THE AUTHORIZING ACT OF MARCH 28, 1918 (40 STAT. 483).

THE ACT OF JUNE 15, 1938 (52 STAT. 683), AUTHORIZED THE THEN EXISTING PROCUREMENT DIVISION OF THE TREASURY DEPARTMENT TO CARRY OUT THE CONSTRUCTION OF ANY BUILDING OR BUILDINGS FOR GOVERNMENT PURPOSES WHICH ANY EXECUTIVE DEPARTMENT, ESTABLISHMENT, OR AGENCY MIGHT BE AUTHORIZED TO HAVE CONSTRUCTED. THE PUBLIC BUILDINGS BRANCH OF THE PROCUREMENT DIVISION OF THE TREASURY DEPARTMENT WAS TRANSFERRED TO THE FEDERAL WORKS AGENCY BY THE PRESIDENT'S REORGANIZATION PLAN NO. 1, DATED APRIL 25, 1939, UNDER THE PROVISIONS OF THE REORGANIZATION ACT OF 1939.

IN ORDER THAT NO QUESTION MAY BE RAISED AS TO THE LEGALITY OF USING NAVY FUNDS FOR THE PURPOSE ABOVE MENTIONED YOUR DECISION IS REQUESTED AS TO WHETHER OBJECTION WOULD BE INTERPOSED BY THE ACCOUNTING OFFICERS TO THE UTILIZATION OF AN AVAILABLE NAVAL APPROPRIATION FOR THE CONSTRUCTION OF A PENTHOUSE ON THE NEW FIRST WING OF THE NAVY BUILDING.

AS IT IS A MATTER OF EXTREME URGENCY TO KNOW AT THE INCEPTION OF THE EXISTING CONTRACT FOR THE CONSTRUCTION OF A NEW FIRST WING WHETHER OR NOT A PENTHOUSE CAN BE ADDED. IT IS REQUESTED THAT DECISION BE RENDERED AT THE EARLIEST PRACTICABLE DATE.

THE CITED ACT OF OCTOBER 9, 1940, PUBLIC 812, PROVIDES:

CONSTRUCTION OF PUBLIC BUILDINGS, DISTRICT OF COLUMBIA: THE FEDERAL WORKS ADMINISTRATOR IS HEREBY AUTHORIZED, PURSUANT TO THE PROVISIONS OF THE ACT OF MAY 25, 1926 (44 STAT. 630), AS AMENDED, TO ACQUIRE SITES OR ADDITIONAL LAND AND TO ENTER INTO CONTRACTS FOR CONSTRUCTION OF THE FOLLOWING PUBLIC/BUILDING PROJECTS IN AMOUNTS NOT EXCEEDING THE FOLLOWING RESPECTIVE LIMITS OF COST, * * *

NAVY DEPARTMENT BUILDING, WASHINGTON, DISTRICT OF COLUMBIA: FOR THE CONSTRUCTION OF AN ADDITIONAL WING ON THE NAVY DEPARTMENT BUILDING AND AN ADDITIONAL STORY ON WING NUMBER 1 THEREOF, UNDER THE PROVISIONS OF THE PUBLIC BUILDINGS ACT APPROVED MAY 25, 1926, AS AMENDED, INCLUDING ADMINISTRATIVE EXPENSES IN CONNECTION THEREWITH, $590,000: * * *. ( ITALICS SUPPLIED.)

IT IS PROPOSED TO SUPPLEMENT THIS AMOUNT OF $590,000, AS THUS SPECIFICALLY LIMITED, BY TRANSFERRING TO THE FEDERAL WORKS AGENCY FROM THE NAVY APPROPRIATION " REPLACEMENT OF NAVAL VESSELS ( CONSTRUCTION AND MACHINERY)" SUCH FURTHER AMOUNT AS MAY BE NECESSARY TO PROVIDE FOR THE CONSTRUCTION OF AN ADDITIONAL STORY OR PENTHOUSE ON THE AUTHORIZED ADDITIONAL WING. THAT IS, IT IS PROPOSED BY SUPPLEMENTING THE SPECIFIC PUBLIC BUILDING APPROPRIATION FROM A REGULAR NAVY APPROPRIATION TO BUILD A LARGER AND MORE EXPENSIVE ADDITIONAL WING THAN AUTHORIZED WITHIN THE LIMITS FIXED BY THE SAID ACT OF OCTOBER 9, 1940. IF THAT WERE PERMISSIBLE, THAT IS IF THE CITED NAVY APPROPRIATION WERE AVAILABLE FOR THE CONSTRUCTION OF PUBLIC BUILDINGS FOR THE USE OF THE NAVY DEPARTMENT IN THE DISTRICT OF COLUMBIA, OR FOR ADDITIONS THERETO, IT WOULD FOLLOW THAT SUCH APPROPRIATION MIGHT LEGALLY BE USED FOR THE CONSTRUCTION OF AN ENTIRE NEW WING, OR SERIES OF WINGS, OR AN ENTIRE NEW BUILDING, OR SERIES OF NEW BUILDINGS, FOR DEPARTMENTAL ACTIVITIES IN WASHINGTON WITHOUT FURTHER CONSIDERATION OR AUTHORIZATION BY THE CONGRESS.

I CAN FIND NO AUTHORITY OF LAW FOR THE PROPOSED ACTION. ARTICLE I, SECTION 9, CLAUSE 7, OF THE CONSTITUTION COMMANDS THAT "NO MONEY SHALL BE DRAWN FROM THE TREASURY, BUT IN CONSEQUENCE OF APPROPRIATIONS MADE BY LAW; " AND SECTION 3678, REVISED STATUTES, EXPRESSLY DIRECTS THAT:

ALL 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.

SECTION 3733, REVISED STATUTES, PROVIDES:

NO CONTRACT SHALL BE ENTERED INTO FOR THE ERECTION, REPAIR, OR FURNISHING OF ANY PUBLIC BUILDING, OR FOR ANY PUBLIC IMPROVEMENT WHICH SHALL BIND THE GOVERNMENT TO PAY A LARGER SUM OF MONEY THAN THE AMOUNT IN THE TREASURY APPROPRIATED FOR THE SPECIFIC PURPOSE.

SECTION 98 OF THE CRIMINAL CODE, 35 STAT. 1106, 18 U.S.C. 184, PROVIDES:

WHOEVER, BEING AN OFFICER OF THE UNITED STATES, SHALL KNOWINGLY CONTRACT FOR THE ERECTION, REPAIR, OR FURNISHING OF ANY PUBLIC BUILDING, OR FOR ANY PUBLIC IMPROVEMENT, TO PAY A LARGER AMOUNT THAN THE SPECIFIC SUM APPROPRIATED FOR SUCH PURPOSE, SHALL BE FINED NOT MORE THAN $2,000 AND IMPRISONED NOT MORE THAN TWO YEARS.

WHILE THESE LATTER TWO SECTIONS APPARENTLY ARE MODIFIED BY SECTION 34 OF THE ACT OF MAY 30, 1908, 35 STAT. 545, 40 U.S.C. 261, TO THE EXTENT OF PERMITTING CONTRACTS FOR THE ERECTION, ETC., OF CERTAIN PUBLIC BUILDINGS WITHIN THE FULL LIMIT OF COST FIXED BY CONGRESS THEREFOR EVEN THOUGH APPROPRIATIONS ARE MADE IN PART, ONLY, FOR THAT PURPOSE, SUCH MODIFICATION WOULD HAVE NO APPLICATION TO THE ACTION HERE PROPOSED IN VIEW OF THE SPECIFIC PROVISION IN THE SAID ACT OF OCTOBER 9, 1940, AUTHORIZING THE FEDERAL WORKS ADMINISTRATOR TO ENTER INTO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA, INCLUDING THE ADDITIONS TO THE NAVY DEPARTMENT BUILDING HERE INVOLVED,"IN AMOUNTS NOT EXCEEDING THE FOLLOWING RESPECTIVE LIMITS OF T," WHICH, WITH RESPECT TO THE NAVY DEPARTMENT BUILDING IS THE STATED AMOUNT OF $590,000. THIS LIMITATION ALONE WOULD APPEAR TO REQUIRE A NEGATIVE ANSWER TO THE PROPOSAL TO AUGMENT THAT AMOUNT FROM OTHER APPROPRIATIONS.

IN SUPPORT OF THE PROPOSAL YOUR LETTER CITES THE PROVISION IN SECTION 3 OF THE ACT APPROVED JULY 9, 1940, PUBLIC 757, AUTHORIZING THE APPROPRIATION OF SUCH SUMS AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THAT ACT--- INCREASING THE COMPOSITION OF THE NAVY BY 1,325,000 TONS--- INCLUDING NOT TO EXCEED $150,000,000 "FOR ESSENTIAL EQUIPMENT AND FACILITIES AT EITHER PRIVATE OR NAVAL ESTABLISHMENTS FOR BUILDING OR EQUIPPING ANY COMPLETE NAVAL VESSEL OR PORTION THEREOF HEREIN OR HERETOFORE AUTHORIZED," WHICH AUTHORITY FOR PROVIDING "ESSENTIAL EQUIPMENT AND FACILITIES" (AT EITHER PRIVATE OR NAVAL ESTABLISHMENTS FOR BUILDING, OR EQUIPPING ANY COMPLETE NAVAL VESSEL OR PORTION THEREOF) "SHALL INCLUDE THE AUTHORITY TO ACQUIRE LANDS * * * ERECT BUILDINGS, AND ACQUIRE THE NECESSARY MACHINERY AND EQUIPMENT.' THERE IS CITED, ALSO, THE PROVISION IN SECTION 8 (A) OF THE ACT APPROVED JUNE 28, 1940, PUBLIC, 671, INCREASING THE LIMIT OF COST OF VESSELS AUTHORIZED BY THE ACT OF JULY 30, 1937, AND ANY STATUTORY LIMITATION WITH RESPECT TO THE COST OF "ANY OTHER INDIVIDUAL NAVAL PROJECT OF CONSTRUCTION" AS MUCH AS "MAY BE NECESSARY TO EXPEDITE NATIONAL DEFENSE AND OTHERWISE EFFECTUATE THE PURPOSES OF THIS ACT.' WITH RESPECT TO THESE CITED PROVISIONS IT MAY BE POINTED OUT, IN ADDITION TO THE STATUTES QUOTED, SUPRA, THAT SECTION 1 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 444, 40 U.S.C. 68, PROVIDES THAT THERE SHALL NOT BE ERECTED ON ANY RESERVATION, PARK, OR PUBLIC GROUNDS, OF THE UNITED STATES WITHIN THE DISTRICT OF COLUMBIA, ANY BUILDING OR STRUCTURE WITHOUT EXPRESS AUTHORITY OF CONGRESS, AND THAT THE ACT OF MAY 25, 1926, AS AMENDED, REFERRED TO IN THE ACT OF OCTOBER 9, 1940, SUPRA, AUTHORIZING THE CONSTRUCTION OF THE ADDITION HERE INVOLVED, LAYS DOWN A DEFINITE PROGRAM AND METHODS TO ENABLE THE FEDERAL WORKS ADMINISTRATOR (WHO SUCCEEDED TO THE AUTHORITY OF THE SECRETARY OF THE TREASURY IN SUCH RESPECTS) TO PROVIDE SUITABLE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT BY THE CONSTRUCTION OF ADEQUATE AND SUITABLE BUILDINGS, UNDER APPROPRIATIONS MADE OR TO BE MADE BY THE CONGRESS. IN VIEW OF THESE STATUTORY PROVISIONS, AND THE SPECIFIC AUTHORIZATION IN THE SAID ACT OF OCTOBER 9, 1940, FOR THE CONSTRUCTION BY THE FEDERAL WORKS ADMINISTRATOR PURSUANT TO THE ACT OF MAY 25, 1926, AS AMENDED, OF ADDITIONS TO THE NAVY DEPARTMENT BUILDING AT A COST NOT TO EXCEED $590,000, IT COULD SCARCELY BE MAINTAINED THAT SUCH AN ADDITION TO AN EXISTING FEDERAL PUBLIC BUILDING IN THE DISTRICT OF COLUMBIA, EVEN THOUGH DESIGNED FOR OCCUPANCY BY THE NAVY DEPARTMENT, IS EITHER EQUIPMENT OR FACILITIES "AT PRIVATE OR NAVAL ESTABLISHMENTS" FOR BUILDING OR EQUIPPING ANY COMPLETE NAVAL VESSEL OR PORTION THEREOF, WITHIN THE CONTEMPLATION OF SAID SECTION 3 OF THE ACT OF JULY 19, 1940, OR AN "INDIVIDUAL NAVAL PROJECT OF CONSTRUCTION" WITHIN THE CONTEMPLATION OF THE CITED SECTION 8 (A) OF THE ACT OF JUNE 28, 1940. EVEN IF THE MATTER WERE OTHERWISE DOUBTFUL THE FACT THAT THE CONGRESS MADE SPECIFIC PROVISION FOR THE CONSTRUCTION OF THE ADDITIONAL WING AS A PUBLIC BUILDINGS PROJECT WOULD ELIMINATE ANY DOUBT ON THAT SCORE, IT BEING A SETTLED RULE OF STATUTORY INTERPRETATION THAT THE MAKING OF A SPECIFIC APPROPRIATION FOR A PARTICULAR OBJECT EXCLUDES THE USE OF MORE GENERAL APPROPRIATIONS WHICH MIGHT OTHERWISE APPEAR AVAILABLE. SEE DECISION OF APRIL 23, 1940, 19 COMP. GEN. 892, NEGATIVING A SIMILAR PROPOSAL TO AUGMENT A SPECIFIC APPROPRIATION FOR THE CONSTRUCTION OF A BUILDING BY THE USE OF A GENERAL APPROPRIATION. SEE, ALSO, DECISION OF AUGUST 22, 1940, ADDRESSED TO YOU, 20 COMP. GEN. 102, HOLDING THAT SIMILAR BROAD PROVISIONS IN SECTION 8 (B) OF THE ACT OF JUNE 28, 1940, COULD NOT BE CONSTRUED AS AUTHORIZING THE USE OF NAVAL APPROPRIATIONS MADE FOR THE CONSTRUCTION OR PROCUREMENT OF VESSELS, AIRCRAFT, ETC., TO PROVIDE HOUSING FOR PERSONNEL ENGAGED IN THE PRODUCTION OF SUCH NATIONAL DEFENSE NEEDS, IN VIEW OF SPECIFIC LEGISLATION OTHERWISE TO PROVIDE SUCH HOUSING.

ACCORDINGLY, I HAVE TO ADVISE THAT THE PROPOSED TRANSFER OR USE OF THE CITED OR OTHER NAVY APPROPRIATIONS IS NOT AUTHORIZED. THE ACT OF OCTOBER 9, 1940, HAVING LIMITED THE COST OF THE BUILDING ADDITIONS INVOLVED $590,000 ANY INCREASE IN THE AMOUNT TO BE EXPENDED FROM PUBLIC FUND THAT PURPOSE IS NECESSARILY A MATTER FOR THE CONSIDERATION OF THE CONGRESS.