Skip to main content

B-149372, B-158195, JUN. 20, 1969, 48 COMP. GEN. 786

B-149372,B-158195 Jun 20, 1969
Jump To:
Skip to Highlights

Highlights

" AND WHETHER SPACE MAY BE PROVIDED IN MORE THAN ONE BUILDING IN THE SAME LOCALITY IS FOR DETERMINATION BY THE ADMINISTRATOR OF GENERAL SERVICES ADMINISTRATION WHO IS AUTHORIZED TO PROVIDE THE SPACE. THEREAFTER SPACE AND STAFF ARE TO BE FURNISHED UNDER THE 1958 ACT. 1969: REFERENCE IS MADE TO YOUR LETTER OF MAY 19. UNDER THE PRESIDENTIAL TRANSITION ACT THE ADMINISTRATOR OF GSA IS AUTHORIZED TO PROVIDE OFFICE SPACE AND COMPENSATION FOR OFFICE STAFF FOR A FORMER PRESIDENT. YOU ADVISE THAT FUNDS ARE INCLUDED IN THE FISCAL YEAR 1970 BUDGET FOR PROVISION OF OFFICE SPACE AND STAFF TO FORMER PRESIDENTS UNDER THE FORMER PRESIDENTS ACT. A LITERAL READING OF SECTION 1 (C) OF THE FORMER PRESIDENTS ACT WOULD INDICATE THAT IT WAS INTENDED TO AUTHORIZE THE ADMINISTRATOR OF GSA TO FURNISH A FORMER PRESIDENT OFFICE SPACE IN ONLY ONE LOCALITY IN THE UNITED STATES.

View Decision

B-149372, B-158195, JUN. 20, 1969, 48 COMP. GEN. 786

PRESIDENT--FORMER--ALLOWANCES--STAFF, OFFICE SPACE, ETC. THE "SUITABLE" OFFICE SPACE AUTHORIZED BY THE SO-CALLED FORMER PRESIDENTS ACT OF 1958 "AT SUCH PLACE WITHIN THE UNITED STATES AS THE FORMER PRESIDENT SHALL SPECIFY" MEANS SPACE IN ONE LOCALITY ONLY, THE ACT USING THE SINGULAR OF THE WORD "PLACE," AND WHETHER SPACE MAY BE PROVIDED IN MORE THAN ONE BUILDING IN THE SAME LOCALITY IS FOR DETERMINATION BY THE ADMINISTRATOR OF GENERAL SERVICES ADMINISTRATION WHO IS AUTHORIZED TO PROVIDE THE SPACE. THE PRESIDENTIAL TRANSITION ACT OF 1963 PRESCRIBES SPACE AND OFFICE STAFF FOR THE FIRST 6 MONTHS AFTER THE EXPIRATION OF A PRESIDENTIAL TERM TO WIND UP THE AFFAIRS OF THE PRESIDENTIAL OFFICE, AND THEREAFTER SPACE AND STAFF ARE TO BE FURNISHED UNDER THE 1958 ACT. THE 1970 FISCAL YEAR FUNDS APPROPRIATED TO CARRY OUT BOTH ACTS MAY BE USED AFTER JULY 20, 1969, BUT NONREIMBURSABLE SERVICES MAY NOT CONTINUE BEYOND THE 6 MONTHS FIXED BY THE 1963 ACT.

TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, JUNE 20, 1969:

REFERENCE IS MADE TO YOUR LETTER OF MAY 19, 1969, REQUESTING A DECISION CONCERNING THE FURNISHING OF OFFICE SPACE AND OFFICE STAFF BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO FORMER PRESIDENTS OF THE UNITED STATES UNDER THE SO-CALLED FORMER PRESIDENTS ACT (ACT OF AUGUST 25, 1958), PUBLIC LAW 85-745, 72 STAT. 838, AS AMENDED, 3 U.S.C. 102 NOTE.

SECTION 1 (C) OF THE FORMER PRESIDENTS ACT AUTHORIZES THE ADMINISTRATOR OF GSA TO FURNISH FOR EACH FORMER PRESIDENT SUITABLE OFFICE SPACE AS DETERMINED BY THE ADMINISTRATOR, "AT SUCH PLACE WITHIN THE UNITED STATES AS THE FORMER PRESIDENT SHALL SPECIFY." YOU INQUIRE AS TO WHETHER UNDER THIS AUTHORITY THE ADMINISTRATOR MAY PROVIDE OFFICE SPACE (A) ONLY IN ONE BUILDING; (B) ONLY IN ONE LOCALITY BUT IN MORE THAN ONE BUILDING; OR (C) IN MORE THAN ONE BUILDING IN MORE THAN ONE LOCALITY.

ALSO, YOU REFER TO OUR LETTER OF APRIL 29, 1969, B-149372, B-158195, TO THE CHAIRMAN OF THE HOUSE APPROPRIATIONS COMMITTEE, WHEREIN YOU STATE THAT WE HELD THAT THE CURRENT APPROPRIATION FOR "EXPENSES, PRESIDENTIAL TRANSITION," WOULD BE AVAILABLE FOR OBLIGATION THROUGH FISCAL YEAR 1970 FOR THE PURPOSES OF THE PRESIDENTIAL TRANSITION ACT OF 1963 (SEE 3 U.S.C. 102 NOTE). UNDER THE PRESIDENTIAL TRANSITION ACT THE ADMINISTRATOR OF GSA IS AUTHORIZED TO PROVIDE OFFICE SPACE AND COMPENSATION FOR OFFICE STAFF FOR A FORMER PRESIDENT. YOU ADVISE THAT FUNDS ARE INCLUDED IN THE FISCAL YEAR 1970 BUDGET FOR PROVISION OF OFFICE SPACE AND STAFF TO FORMER PRESIDENTS UNDER THE FORMER PRESIDENTS ACT. YOU REQUEST A DECISION AS TO WHETHER AFTER JULY 20, 1969, THE FUNDS AVAILABLE UNDER BOTH THE PRESIDENTIAL TRANSITION ACT AND THE FORMER PRESIDENTS ACT COULD BE USED TO PROVIDE OFFICE SPACE AND OFFICE STAFF, SUBJECT TO THE OTHER REQUIREMENTS OF THE ACTS.

A LITERAL READING OF SECTION 1 (C) OF THE FORMER PRESIDENTS ACT WOULD INDICATE THAT IT WAS INTENDED TO AUTHORIZE THE ADMINISTRATOR OF GSA TO FURNISH A FORMER PRESIDENT OFFICE SPACE IN ONLY ONE LOCALITY IN THE UNITED STATES, AS DISTINGUISHED FROM FURNISHING SUCH SPACE TO A FORMER PRESIDENT IN MORE THAN ONE LOCALITY THEREIN. THE WORD "PLACE" IS SINGULAR AND IS USED IN JUXTAPOSITION WITH THE WORDS "WITHIN THE UNITED STATES." HAD THE CONGRESS INTENDED TO AUTHORIZE THE FURNISHING OF OFFICE SPACE IN MORE THAN ONE "PLACE" IN THE UNITED STATES, IT WOULD SEEM THAT EITHER THE PLURAL OF "PLACE" (I.E; "PLACES" WOULD HAVE BEEN USED, OR LANGUAGE WOULD HAVE BEEN USED SIMILAR TO THAT USED IN THE PRESIDENTIAL TRANSITION ACT, WHERE THE FURNISHING OF OFFICE SPACE IS AUTHORIZED AT "SUCH PLACE OR PLACES WITHIN THE UNITED STATES AS THE PRESIDENT-ELECT OR VICE PRESIDENT-ELECT SHALL DESIGNATE."

ALSO, INSOFAR AS THE LEGISLATIVE HISTORY OF SECTION 1 (C) IS CONCERNED, THE HOUSE HEARINGS ON THE BILL (S. 607) WHICH BECAME THE FORMER PRESIDENTS ACT DISCLOSES THE FOLLOWING (HEARINGS BEFORE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, HOUSE OF REPRESENTATIVES, 85TH CONGRESS, 1ST SESSION, ON H.R. 4401 AND S.607, PAGE 8):

MR. LESINSKI. FIRST OF ALL, MR. MCCORMACK, I AM HONORED TO HAVE YOU BEFORE THE COMMITTEE, AND THERE ARE A FEW QUESTIONS I WOULD LIKE TO ASK THE GENTLEMAN, IF IT IS PROPER.

ON PAGE 2, SECTION (C), IT SAYS IN A SENSE THAT HE MAY HAVE AN OFFICE PROVIDED WHEREVER HE DESIRES. PRESIDENT HOOVER HAS SERVED ON THE HOOVER COMMISSION AND OTHER COMMISSIONS IN THIS COUNTRY AND HAS SERVED THIS COUNTRY WELL. WOULD IT NOT BE APPROPRIATE FOR THE LANGUAGE TO STATE THAT AN OFFICE SHALL BE PROVIDED IN THE CAPITOL OF THE UNITED STATES, OR WORDS TO THAT EFFECT, IN WASHINGTON, D.C; AND ANY OTHER PLACE HE MAY DESIRE?

MR. MCCORMACK. I MIGHT SUGGEST, CONGRESSMAN, THAT I HOPE THE LANGUAGE WILL BE LEFT THE WAY IT IS BECAUSE IT SAYS:

THE ADMINISTRATOR OF GENERAL SERVICES SHALL FURNISH FOR EACH FORMER PRESIDENT SUITABLE OFFICE SPACE APPROPRIATELY FURNISHED AND EQUIPPED, AS DETERMINED BY THE ADMINISTRATOR, LOCATED IN A FEDERAL BUILDING AT SUCH PLACE WITHIN THE UNITED STATES AS THE FORMER PRESIDENT SHALL SPECIFY.

OF COURSE "FEDERAL BUILDING" IS VERY BROAD. I SHOULD THINK THAT HE HAS VERY WIDE DISCRETION THERE AND IF THIS SHOULD BECOME LAW OF COURSE WE KNOW IN PRACTICAL OPERATION THERE WOULD BE NO DIFFICULTIES FROM THAT ANGLE AT ALL. I WOULD IMAGINE THAT PRESIDENT TRUMAN IF HE WERE TO TAKE ADVANTAGE OF THAT PART OF THE BILL WOULD PROBABLY WANT TO HAVE OFFICE SPACE OUT IN INDEPENDENCE OR IN CLOSE PROXIMITY TO HIS HOME. I WOULD ASSUME UNDER THIS IF THEY WANTED IT AND THERE WAS OFFICE SPACE AVAILABLE IN WASHINGTON--- I DO NOT MEAN THE CAPITOL BUILDING ITSELF, BUT IN WASHINGTON--- THE ADMINISTRATOR WOULD HAVE THE AUTHORITY AND POWER UNDER THIS LANGUAGE TO DESIGNATE SUCH SPACE. HOWEVER, I DO NOT THINK THERE WOULD BE ANY DIFFICULTY ON THAT.

WHILE IT APPEARS FROM THE QUOTED DISCUSSION THAT CONSIDERATION WAS GIVEN TO AUTHORIZING THE FURNISHING OF OFFICE SPACE IN MORE THAN ONE PLACE WITHIN THE UNITED STATES, SECTION 1 (C) WAS NOT CHANGED TO SO PROVIDE. MR. MCCORMACK'S REPLY TO MR. LESINSKI INDICATES THAT HE IMAGINED THAT A PARTICULAR FORMER PRESIDENT WOULD PROBABLY WANT OFFICE SPACE NEAR HIS HOME, BUT THAT IF A FORMER PRESIDENT DESIRED OFFICE SPACE IN WASHINGTON D.C; THE ADMINISTRATOR OF GSA WOULD HAVE THE AUTHORITY UNDER SECTION 1 (C) TO DESIGNATE SUCH SPACE. THERE IS NOTHING SPECIFIC IN MR. MCCORMACK'S REPLY, HOWEVER, TO INDICATE THAT IT WAS INTENDED THAT FORMER PRESIDENTS COULD BE FURNISHED OFFICE SPACE IN MORE THAN ONE LOCALITY WITHIN THE UNITED STATES, AND THE LANGUAGE USED IN SECTION 1 (C) DOES NOT SUPPORT SUCH AN INTENT.

IT SHOULD BE NOTED THAT THE HOUSE AMENDED S. 607 (INSOFAR AS PERTINENT HERE) SO AS TO DELETE THE PROVISION (SECTION 1 (C)) AUTHORIZING THE FURNISHING OF OFFICE SPACE, BUT THE PROVISION WAS RESTORED IN CONFERENCE, EXCEPT THAT THE RESTRICTION IN S. 607 REQUIRING THAT SUCH OFFICE SPACE BE LOCATED IN A FEDERAL BUILDING WAS ELIMINATED.

IN LIGHT OF THE FOREGOING IT IS OUR VIEW THAT UNDER SECTION 1 (C) OF THE FORMER PRESIDENTS ACT THE ADMINISTRATOR OF GSA MAY PROVIDE OFFICE SPACE TO FORMER PRESIDENTS IN ONLY ONE LOCALITY WITHIN THE UNITED STATES.

INSOFAR AS PROVIDING SPACE IN MORE THAN ONE BUILDING IN THE SAME LOCALITY IS CONCERNED, SECTION 1 (C) AUTHORIZES THE ADMINISTRATOR OF GSA TO FURNISH FORMER PRESIDENTS "SUITABLE OFFICE SPACE * * * AS DETERMINED BY THE ADMINISTRATOR." THUS, WHAT CONSTITUTES "SUITABLE OFFICE SPACE" IS A MATTER PRIMARILY FOR DETERMINATION BY THE ADMINISTRATOR OF GSA. HENCE, WHETHER IT WOULD BE NECESSARY TO PROVIDE SPACE IN MORE THAN ON BUILDING IN THE SAME LOCALITY IN ORDER TO FURNISH A FORMER PRESIDENT "SUITABLE OFFICE SPACE" WOULD BE A MATTER FOR DETERMINATION BY THE ADMINISTRATOR OF GSA.

INSOFAR AS "SUITABLE OFFICE SPACE" IS CONCERNED, WE NOTE FROM THE ABOVE- CITED HOUSE HEARINGS (PAGE 29) THAT THE BUREAU OF THE BUDGET (APPARENTLY ON THE BASIS OF INFORMATION FURNISHED BY GSA) INDICATED TO THE COMMITTEE THAT THE ESTIMATED COST OF OFFICE FURNISHINGS FOR A FORMER PRESIDENT AND STAFF WAS BASED ON FURNISHING A THREE-ROOM SUITE AGGREGATING APPROXIMATELY 1300 SQUARE FEET OF FLOOR SPACE. HOWEVER,WE DO NOT CONSIDER THIS AS CONTROLLING INSOFAR AS FURNISHING SPACE IN MORE THAN ONE BUILDING WITHIN A LOCALITY IS CONCERNED.

AS TO YOUR SECOND QUESTION, SECTION 4 OF THE PRESIDENTIAL TRANSITION ACT OF 1963, PROVIDES, IN PART, THAT THE PROVISIONS OF THE ACT OF AUGUST 25, 1958, 72 STAT. 838, 3 U.S.C. 102 NOTE (THE FORMER PRESIDENTS ACT), OTHER THAN SUBSECTIONS (A) AND (E)--- HAVING TO DO WITH ALLOWANCE AND PENSION RESPECTIVELY--- SHALL NOT BECOME EFFECTIVE WITH RESPECT TO A FORMER PRESIDENT UNTIL 6 MONTHS AFTER THE EXPIRATION OF HIS TERM OF OFFICE AS PRESIDENT. THUS, IT WOULD APPEAR THAT THE CONGRESS DID NOT INTEND, INSOFAR AS PERTINENT HERE, THAT A FORMER PRESIDENT WOULD BE PROVIDED OFFICE SPACE AND OFFICE STAFF UNDER BOTH THE PRESIDENTIAL TRANSITION ACT AND THE FORMER PRESIDENTS ACT, SINCE THE PERIOD FOR WHICH THE THE ADMINISTRATOR IS AUTHORIZED TO PROVIDE OFFICE SPACE AND OFFICE STAFF UNDER THE FORMER ACT (PRESIDENTIAL TRANSITION ACT) IS LIMITED TO A PERIOD NOT TO EXCEED 6 MONTHS FROM THE DATE OF THE EXPIRATION OF THE FORMER PRESIDENT'S TERM OF OFFICE. SEE PAGES 7 AND 8, H. REPT. NO. 301, 88TH CONG; 1ST SESS.

SECTION 4 OF THE PRESIDENTIAL TRANSITION ACT LIMITED THE PERIOD THEREUNDER FOR WHICH THE ADMINISTRATOR OF GSA IS AUTHORIZED TO FURNISH OFFICE SPACE AND STAFF TO A FORMER PRESIDENT TO NO MORE THAN 6 MONTHS FROM THE DATE OF EXPIRATION OF HIS TERM OF OFFICE; HOWEVER, FUNDS APPROPRIATED IN THE INDEPENDENT OFFICES AND DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROPRIATION ACT, 1969, TO CARRY OUT THE PRESIDENTIAL TRANSITION ACT WERE MADE AVAILABLE UNTIL JUNE 30, 1970. AS PREVIOUSLY STATED, WE HELD IN OUR LETTER OF APRIL 29, 1969, THAT THE FUNDS CONTAINED IN THE ABOVE-CITED APPROPRIATION ACT TO CARRY OUT THE PRESIDENTIAL TRANSITION ACT WERE AVAILABLE FOR OBLIGATION FOR THE PURPOSES OF THAT ACT UNTIL JUNE 30, 1970, NOTWITHSTANDING THE PROVISIONS OF SECTION 4 OF SUCH ACT.

SINCE FUNDS TO BE APPROPRIATED FOR FISCAL YEAR 1970 TO CARRY OUT THE PROVISIONS OF THE FORMER PRESIDENTS ACT AND FUNDS APPROPRIATED BY THE INDEPENDENT OFFICES AND DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROPRIATION ACT, 1969, PUBLIC LAW 90-550, 82 STAT. 937, TO CARRY OUT THE PROVISIONS OF THE PRESIDENTIAL TRANSITION ACT OF 1963 ARE AVAILABLE UNTIL JUNE 30, 1970, BOTH MAY BE USED AFTER JULY 20, 1969, TO PROVIDE OFFICE SPACE AND OFFICE STAFF FOR SUCH FORMER PRESIDENT, SUBJECT TO THE OTHER REQUIREMENTS OF BOTH ACTS.

WE WOULD POINT OUT, HOWEVER, THAT FUNDS MADE AVAILABLE TO CARRY OUT THE PRESIDENTIAL TRANSITION ACT ARE TO BE USED TO PROVIDE OFFICE SPACE AND OFFICE STAFF FOR A FORMER PRESIDENT AND ARE TO BE USED ONLY FOR THE PURPOSE OF WINDING UP OF THE AFFAIRS OF HIS OFFICE; AND THAT FUNDS MADE AVAILABLE TO CARRY OUT THE FORMER PRESIDENTS ACT ARE TO BE USED ONLY TO PROVIDE OFFICE SPACE AND OFFICE STAFF IN CONNECTION WITH CARRYING OUT THE PROVISIONS OF THAT ACT.

ALSO, YOU ARE ADVISED THAT NEITHER OUR LETTER OF APRIL 29, 1969, NOR THIS DECISION, AUTHORIZES THE CONTINUATION OF THE NONREIMBURSABLE SERVICES--- I.E; SERVICES FOR WHICH APPROPRIATIONS ARE NOT REQUIRED--- PROVIDED FOR IN THE PRESIDENTIAL TRANSITION ACT BEYOND THE 6-MONTH PERIOD FIXED IN THAT ACT.

GAO Contacts

Office of Public Affairs