B-82712, APRIL 8, 1949, 28 COMP. GEN. 562

B-82712, APRIL 8, 1949, 28 COMP. GEN. 562

GOVERNMENT VEHICLES - GARAGING - APPROPRIATION AVAILABILITY PROVIDED IT IS ADMINISTRATIVELY DETERMINED THAT THE GARAGING OF A GOVERNMENT MOBILE UNIT EQUIPPED WITH HIGHLY SPECIALIZED RADIO EQUIPMENT IN CLOSE PROXIMITY TO THE RESIDENCE OF AN EMPLOYEE IS NECESSARY IN PERFORMING THE DUTIES IMPOSED BY THE COMMUNICATIONS ACT OF 1934, THERE BEING NO AVAILABLE OR CONVENIENT GOVERNMENT FACILITIES FOR SUCH STORAGE, NO OBJECTION WILL BE RAISED TO THE USE OF OTHERWISE AVAILABLE APPROPRIATIONS FOR THE PAYMENT OF MONTHLY RENTAL CHARGES UNDER A CONTRACT TO BE ENTERED INTO AS A RESULT OF ADVERTISING FOR BIDS AS REQUIRED BY SECTION 3709, REVISED STATUTES, AS AMENDED.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, APRIL 8, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 5, 1949, REFERENCE 5410, REQUESTING A DECISION AS TO WHETHER THE COMMISSION MAY NEGOTIATE A CONTRACT SUBJECT TO THE ADVERTISING REQUIREMENTS OF SECTION 3709, REVISED STATUTES, AS AMENDED, AND UTILIZE THE COMMISSION'S APPROPRIATED FUNDS TO PROVIDE FOR THE GARAGING OF A GOVERNMENT VEHICLE IN CLOSE PROXIMITY TO THE RESIDENCE IN ARLINGTON, VIRGINIA, OF AN INVESTIGATIVE ENGINEER OF THE COMMISSION'S FIELD ENGINEERING AND MONITORING DIVISION, STATIONED IN WASHINGTON, D.C.

IT IS STATED IN YOUR LETTER THAT THE MOTOR VEHICLE IS A MOBILE UNIT EQUIPPED WITH HIGHLY SPECIALIZED RECEIVING, TRANSMITTING DIRECTION FINDING AND FREQUENCY MEASURING EQUIPMENT. IT IS USED BY THE ENGINEER WHO IS RESPONSIBLE FOR ANY INVESTIGATION AND MONITORING WORK IN THE WASHINGTON AREA NECESSARY TO LOCATE AND IDENTIFY SOURCES OF INTERFERENCE WITH VARIOUS RADIO SERVICES, OR INTERFERENCE WITH LOCAL AERONAUTICAL GROUND AND AIRCRAFT, FIRE, POLICE, ETC., COMMUNICATIONS WHERE THE SAFETY OF LIFE AND PROPERTY MAY BE INVOLVED; AND ALSO FOR THE SUPPRESSION OF UNLICENSED AMATEUR OPERATIONS. YOU STATE THAT THE NATURE OF SUCH DUTIES REQUIRES THE ENGINEER TO BE AVAILABLE AT ALL HOURS FOR INVESTIGATIVE PURPOSES AND THAT IT IS DESIRABLE AND IN THE INTERESTS OF THE COMMISSION TO GARAGE THE UNIT SO THAT IT WILL BE QUICKLY AVAILABLE WHEN NEEDED FOR SUCH OFFICIAL DUTIES BY THE INVESTIGATOR OR BY OTHER DIVISIONAL EMPLOYEES RESIDING IN ARLINGTON AND VICINITY.

SECTION 403 OF THE COMMUNICATIONS ACT OF 1934, 48 STAT. 1064, 1094, AUTHORIZES THE COMMISSION TO INSTITUTE AN INQUIRY CONCERNING ANY QUESTION WHICH MAY ARISE UNDER ANY PROVISIONS OF THE ACT OR RELATING TO THE ENFORCEMENT OF ANY PROVISIONS OF THE ACT. SECTION 4 (G), 48 STAT. 1067, AUTHORIZES THE COMMISSION TO MAKE SUCH EXPENDITURES, INCLUDING EXPENDITURES FOR RENT AT THE SEAT OF THE GOVERNMENT AND ELSEWHERE, AS MAY BE NECESSARY FOR THE EXECUTION OF THE FUNCTIONS VESTED IN THE COMMISSION AND AS FROM TIME TO TIME MAY BE APPROPRIATED FOR BY CONGRESS. THE APPROPRIATION FOR THE FEDERAL COMMUNICATIONS COMMISSION FOR THE FISCAL YEAR 1949 IS CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, PUBLIC LAW 491, 62 STAT. 180, WHICH PROVIDES, AMONG OTHER THINGS, FOR NECESSARY EXPENSES IN PERFORMING THE DUTIES IMPOSED BY THE COMMUNICATIONS ACT OF 1934.

GENERALLY, WHEN GOVERNMENT FACILITIES ARE NOT AVAILABLE, RENTAL OF GARAGE SPACE FOR THE STORAGE OF GOVERNMENT AUTOMOBILES IS AUTHORIZED. SEE 3 COMP. GEN. 827. ACCORDINGLY, IF IT IS ADMINISTRATIVELY DETERMINED THAT GARAGING THE MOBILE UNIT IN CLOSE PROXIMITY TO THE EMPLOYEE'S RESIDENCE IS NECESSARY IN PERFORMING THE DUTIES IMPOSED BY THE COMMUNICATIONS ACT OF 1934, FOR WHICH THE CITED APPROPRIATION WAS MADE, AND IT IS SHOWN THAT NO GOVERNMENT FACILITIES ARE AVAILABLE OR CONVENIENT FOR SUCH STORAGE, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE USE OF THE APPROPRIATION FOR THE PAYMENT OF THE MONTHLY RENTAL CHARGES UNDER A CONTRACT TO BE ENTERED INTO AS A RESULT OF ADVERTISING FOR BIDS AS REQUIRED BY SECTION 3709, REVISED STATUTES, AS AMENDED. HOWEVER, YOUR ATTENTION IS INVITED TO OFFICE DECISION OF FEBRUARY 29, 1928. A-21616, TO THE THEN SECRETARY OF COMMERCE, HOLDING THAT GARAGE SPACE FOR THE STORAGE OF MOBILE UNITS OF THE THEN DESIGNATED FEDERAL RADIO COMMISSION PROPERLY COULD NOT BE LEASED FROM THE EMPLOYEES USING THE MOBILE UNITS.