B-143886 September 14, 1960
Highlights
It is understood that you would like our opinion as to whether such an expenditure is authorized by law. There is no specific statutory authority for procuring the portrait nor was the estimated cost therefor at any time budgeted by the agency. It is understood that officials advised the staff member of your Committee that funds were obligated for the portrait under "general authority of the Federal Aviation Act of 1958 to collect and publish historical data relative to civil aeronautics. Provides that: "The Administrator is empowered to make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon his by law.
B-143886 September 14, 1960
Honorable William L. Dawson, Chairman Committee on Government Operations House of Representatives
Dear Mr. Chairman:
On September 1, 1960, a member of your staff discussed with us an allegation that the Administrator of the Federal Aviation Agency had requisitioned an oil painting of himself without authority of law. It is understood that you would like our opinion as to whether such an expenditure is authorized by law.
By purchase order No. 0-9987-1, dated June 30, 1960, the Federal Aviation Agency ordered professional services for an oil painting of the Administrator at a total cost of $1,850, charged to the agency's appropriation for 1960. There is no specific statutory authority for procuring the portrait nor was the estimated cost therefor at any time budgeted by the agency. It is understood that officials advised the staff member of your Committee that funds were obligated for the portrait under "general authority of the Federal Aviation Act of 1958 to collect and publish historical data relative to civil aeronautics," and that an administrative determination had been made thereunder that a portrait of the Administrator should be made for historical purposes and appropriately publicly displayed.
In addition section 303(a) of the Federal Aviation Act of 1958, 72 Stat. 747, provides that:
"The Administrator is empowered to make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon his by law, and as from time to time may be appropriated for by Congress, including expenditures for * * *(3) office furniture, equipment and supplies * * *."
It consistently has been held by accounting officers of the Government that portraits for adornment of public places are to be regarded ad furniture. 7 Comp. Boe. 1; 9 id. 807; A-3279; June 28, 1924. Boe also A-59919, March 2, 1935; and 4-97359, September 23, 1938. Under the provision of law quoted above, and the appropriation "Expenses, Federal Aviation Agency" contained in the Independent Offices Appropriation Act, 1960, 73 Stat. 500, 502, the Administrator clearly is authorized to purchase furniture.
Accordingly, in view of the various prior rulings of the accounting officers over a long period of time, and the specific administrative determination made in the matter, we are of the opinion that the purchase in question is without legal objection.
Sincerely yours,
FRANK H. WEITZEL Comptroller General of the United States