B-139730, AUGUST 20, 1959, 39 COMP. GEN. 120

B-139730: Aug 20, 1959

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PROVIDED THAT IT IS ADMINISTRATIVELY DETERMINED THAT AIR-CONDITIONING WOULD BE IN THE INTEREST OF THE GOVERNMENT. FUNDS OF THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE MADE AVAILABLE FOR EXPENDITURE FROM THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND ARE NOT AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE. AN AGENCY'S FUNDS ARE NOT AVAILABLE FOR SUCH PURPOSE. IT MUST BE ASSUMED THAT THE CONGRESS DOES NOT INTEND THE VARIOUS FEDERAL AGENCIES TO USE THEIR APPROPRIATIONS FOR AIR CONDITIONING SPACE THEY OCCUPY IN FEDERALLY OWNED BUILDINGS UNDER THE CONTROL OF YOUR ADMINISTRATION IN CASES WHERE YOUR APPROPRIATIONS ARE INSUFFICIENT FOR THAT PURPOSE. * * * WHAT IS SAID HEREIN HAS REFERENCE TO AND SHOULD BE UNDERSTOOD.

B-139730, AUGUST 20, 1959, 39 COMP. GEN. 120

APPROPRIATIONS - AIR-CONDITIONING LEASED SPACE - AGENCY V. GENERAL SERVICES ADMINISTRATION - OLD-AGE AND SURVIVORS INSURANCE TRUST FUND INASMUCH AS THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE BUDGETS FOR THE COST OF LEASED SPACE, INCLUDING THE COST OF MAINTAINING AND SERVICING SUCH SPACE, AND FINANCES SUCH EXPENDITURES FROM THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE GENERAL SERVICES ADMINISTRATION DOES NOT INCLUDE IN ITS BUDGET FUNDS FOR LEASED SPACE OCCUPIED BY THE BUREAU, FUNDS OF THE BUREAU MAY BE USED TO REIMBURSE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE, INSTALLATION, AND SERVICING OF AIR- CONDITIONING IN NON-FEDERALLY-OWNED LEASED SPACE, PROVIDED THAT IT IS ADMINISTRATIVELY DETERMINED THAT AIR-CONDITIONING WOULD BE IN THE INTEREST OF THE GOVERNMENT. FUNDS OF THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE MADE AVAILABLE FOR EXPENDITURE FROM THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND ARE NOT AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE, INSTALLATION, AND SERVICING OF AIR-CONDITIONING EQUIPMENT IN FEDERALLY OWNED BUILDINGS WHEN THE GENERAL SERVICES ADMINISTRATION HAS NOT BUDGETED FOR SUCH EXPENDITURES BECAUSE THE GENERAL SERVICES ADMINISTRATION HAS THE RESPONSIBILITY FOR AIR-CONDITIONING BUILDINGS UNDER ITS CONTROL AND, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, AN AGENCY'S FUNDS ARE NOT AVAILABLE FOR SUCH PURPOSE.

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AUGUST 20, 1959:

YOUR LETTER OF MAY 25, 1959, REFERS TO OUR DECISION OF SEPTEMBER 11, 1958, B-132396, 38 COMP. GEN. 193, TO THE ADMINISTRATOR OF GENERAL SERVICES, CONCERNING THE AVAILABILITY OF AGENCY APPROPRIATIONS FOR AIR CONDITIONING SPACE IN FEDERALLY OWNED BUILDINGS UNDER THE CONTROL OF THE GENERAL SERVICES ADMINISTRATION.

YOU QUOTE THE FOLLOWING LANGUAGE FROM OUR DECISION:

IN VIEW OF THE CONGRESSIONAL INTENT AS DISCLOSED BY THE QUOTED AND CITED CONGRESSIONAL REPORTS AND HEARINGS, IT MUST BE ASSUMED THAT THE CONGRESS DOES NOT INTEND THE VARIOUS FEDERAL AGENCIES TO USE THEIR APPROPRIATIONS FOR AIR CONDITIONING SPACE THEY OCCUPY IN FEDERALLY OWNED BUILDINGS UNDER THE CONTROL OF YOUR ADMINISTRATION IN CASES WHERE YOUR APPROPRIATIONS ARE INSUFFICIENT FOR THAT PURPOSE. * * *

WHAT IS SAID HEREIN HAS REFERENCE TO AND SHOULD BE UNDERSTOOD, INSOFAR AS AIR CONDITIONING BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA AND ITS SURROUNDING AREA IS CONCERNED, AS RELATING ONLY TO FEDERALLY OWNED BUILDINGS UNDER THE CONTROL OF GSA AND NOT NECESSARILY AS CONTROLLING WITH REGARD TO LEASED SPACE UNDER SUCH CONTROL. SHOULD YOU FEEL A DIFFERENT CONCLUSION IS WARRANTED AS TO AIR CONDITIONING LEASED SPACE AND A NEED THEREFOR ARISES, WE WOULD BE PLEASED TO CONSIDER ANY QUESTION YOU MAY WISH TO RAISE WITH REGARD THERETO UPON A SHOWING BY YOU OF ALL OF THE FACTORS PERTINENT TO THE MATTER.

YOUR LETTER CONTINUES IN PERTINENT PART AS FOLLOWS:

THE ADMINISTRATIVE EXPENSES OF THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE ARE FINANCED BY FUNDS WHICH CONGRESS ANNUALLY AUTHORIZES THE BUREAU TO EXPEND DIRECTLY FROM THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND RATHER THAN BY AN APPROPRIATION FROM THE GENERAL FUNDS OF THE TREASURY. IN ITS ANNUAL BUDGETS, THE BUREAU HAS BEEN PROVIDING FOR THE COST OF THE LEASED SPACE IT OCCUPIES. IN ADDITION, THE BUREAU'S BUDGETS HAVE PROVIDED FOR THE MAINTENANCE AND SERVICING OF ITS SPACE, INCLUDING AIR CONDITIONING. EXCEPT FOR SPACE OCCUPIED BY THE BUREAU OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, THE BUREAU HAS BEEN REIMBURSING THE GENERAL SERVICES ADMINISTRATION FOR THAT AGENCY'S COSTS IN LEASING, MAINTAINING AND SERVICING LEASED SPACE OCCUPIED BY THE BUREAU. ACCORDINGLY, THE GENERAL SERVICES ADMINISTRATION HAS NOT BUDGETED FOR FUNDS FOR LEASED SPACE OCCUPIED BY THE BUREAU NOR HAS THE GENERAL SERVICES ADMINISTRATION PROVIDED AIR CONDITIONING FOR THE BUREAU WITHOUT REIMBURSEMENT FROM THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE FUNDS.

IN CONNECTION WITH THE FOREGOING YOU PRESENT THE FOLLOWING QUESTIONS FOR DECISION:

1. DOES THE DECISION OF SEPTEMBER 11, 1958, B-132396, APPLY TO THE BUREAU SO AS TO PRECLUDE REIMBURSEMENT TO THE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE, INSTALLATION AND SERVICING OF AIR CONDITIONING EQUIPMENT IN NON-1FEDERALLY-OWNED SPACE OCCUPIED BY THE BUREAU?

2. IF THE ABOVE REIMBURSEMENT IS PROPER, SHOULD NOT THE BUREAU'S ADMINISTRATIVE FUNDS BE AVAILABLE TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION FOR SIMILAR EXPENDITURES IN FEDERAL SPACE WHEN THAT ADMINISTRATION HAS NOT BUDGETED FOR SUCH EXPENDITURES?

INASMUCH AS THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE BUDGETS FOR THE COST OF LEASED SPACE IT OCCUPIES, INCLUDING THE COST OF MAINTAINING AND SERVICING SUCH SPACE, AND FINANCES SUCH EXPENDITURES FROM THE FEDERAL OLD- AGE AND SURVIVORS INSURANCE TRUST FUND AND SINCE THE GENERAL SERVICES ADMINISTRATION DOES NOT BUDGET FOR FUNDS FOR LEASED SPACE OCCUPIED BY THE BUREAU, THE BUREAU'S FUNDS MAY BE USED TO REIMBURSE GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE, INSTALLATION, AND SERVICING OF AIR- CONDITIONING EQUIPMENT IN LEASED SPACE OCCUPIED BY THE BUREAU, PROVIDED IT IS ADMINISTRATIVELY DETERMINED THAT AIR-CONDITIONING OF THE SPACE INVOLVED WOULD BE IN THE INTEREST OF THE GOVERNMENT. HOWEVER, EXPENDITURES OF BUREAU FUNDS FOR THE PURPOSE IN QUESTION WOULD BE SUBJECT TO THE PROVISIONS OF 40 U.S.C. 317, AND, IN AN APPROPRIATE CASE, TO THE LIMITATIONS IN 40 U.S.C. 278A, TOGETHER WITH ANY OTHER STATUTORY RESTRICTIONS APPLICABLE TO LEASED SPACE. CF. B-17550, JULY 7, 1941; AND 20 COMP. GEN. 105.

YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

CONCERNING YOUR SECOND QUESTION, ON THE PRESENT RECORD WHAT WE SAID IN 38 COMP. GEN. 193 (AND FOR THE REASONS SET FORTH THEREIN), IN CONNECTION WITH THE AIR-CONDITIONING OF SPACE IN FEDERALLY OWNED BUILDINGS WOULD APPEAR TO BE FOR APPLICATION TO THE BUREAU OF OLD-AGE AND SURVIVORS INSURANCE. THEREFORE, YOUR SECOND QUESTION IS ANSWERED IN THE NEGATIVE.