A-44269, SEPTEMBER 27, 1932, 12 COMP. GEN. 380
Highlights
THE 10 PERCENT REDUCTION IN THE COST OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS IS FOR APPLICATION TO EACH PROJECT AUTHORIZED RATHER THAN A REDUCTION AT THAT RATE TO A LUMP-SUM APPROPRIATION MADE FOR SEVERAL PROJECTS. AS FOLLOWS: RECEIPT IS ACKNOWLEDGED OF YOUR DECISION OF SEPTEMBER 1. ASKING THE QUESTION AS TO WHETHER SECTION 320 OF PUBLIC NO. 212 IS APPLICABLE TO SECTION 301-/A/-10 OF PUBLIC NO. 302. YOU HAVE REACHED THE CONCLUSION THAT THE FUNDS MADE AVAILABLE FOR PUBLIC BUILDINGS IN SECTION 301-/A/-10 OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 ARE SUBJECT TO THE REDUCTION OF 10 PERCENT AS PROVIDED IN SECTION 320 OF THE ECONOMY ACT BECAUSE OF THE PROVISIONS OF SECTION 803 OF THE SAME ACT.
A-44269, SEPTEMBER 27, 1932, 12 COMP. GEN. 380
ECONOMY ACT - APPROPRIATIONS - PUBLIC BUILDINGS UNDER SECTION 320 OF THE ACT OF JUNE 30, 1932, 47 STAT. 412, THE 10 PERCENT REDUCTION IN THE COST OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS IS FOR APPLICATION TO EACH PROJECT AUTHORIZED RATHER THAN A REDUCTION AT THAT RATE TO A LUMP-SUM APPROPRIATION MADE FOR SEVERAL PROJECTS.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 27, 1932:
THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 20, 1932, AS FOLLOWS:
RECEIPT IS ACKNOWLEDGED OF YOUR DECISION OF SEPTEMBER 1, 1932 (A 44269), WHICH RESPONDS TO THIS DEPARTMENT'S LETTER OF AUGUST 22, 1932, ASKING THE QUESTION AS TO WHETHER SECTION 320 OF PUBLIC NO. 212 IS APPLICABLE TO SECTION 301-/A/-10 OF PUBLIC NO. 302, 72D CONGRESS, APPROVED JULY 21, 1932.
YOU HAVE REACHED THE CONCLUSION THAT THE FUNDS MADE AVAILABLE FOR PUBLIC BUILDINGS IN SECTION 301-/A/-10 OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 ARE SUBJECT TO THE REDUCTION OF 10 PERCENT AS PROVIDED IN SECTION 320 OF THE ECONOMY ACT BECAUSE OF THE PROVISIONS OF SECTION 803 OF THE SAME ACT.
IN ORDER THAT THE DEPARTMENT MAY INTELLIGENTLY DEVELOP THE RELIEF PROGRAM WITHIN THE ALLOCATIONS SET FORTH IN DOCUMENT 788, IT IS REQUESTED THAT YOU STATE WHETHER THE DEPARTMENT MAY DEDUCT 10 PERCENT FROM THE APPROPRIATION OF $100,000,000 AND ALLOCATE THE $90,000,000 TO THE DIFFERENT PROJECTS TO BE AUTHORIZED BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL, OR WHETHER THE DEPARTMENT MUST CONFINE ITSELF TO 90 PERCENT OF THE ALLOCATIONS AS SET FORTH IN DOCUMENT 788.
SECTION 320 OF THE ACT OF JUNE 30, 1932, 47 STAT. 412, PROVIDES:
AUTHORIZATIONS HERETOFORE GRANTED BY LAW FOR THE CONSTRUCTION OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS, WHETHER AN APPROPRIATION THEREFOR HAS OR HAS NOT BEEN MADE, ARE HEREBY AMENDED TO PROVIDE FOR A REDUCTION OF 10 PERCENTUM OF THE LIMIT OF COST AS FIXED IN SUCH AUTHORIZATION, AS TO PROJECTS WHERE NO CONTRACT FOR THE CONSTRUCTION HAS BEEN MADE. AS TO SUCH PROJECTS WHERE A CONTRACT HAS BEEN MADE AT A COST LESS THAN THAT UPON WHICH THE AUTHORIZATION WAS BASED, SUCH COST SHALL NOT, UNLESS AUTHORIZED BY THE PRESIDENT, BE INCREASED BY ANY CHANGES OR ADDITIONS NOT ESSENTIAL FOR THE COMPLETION OF THE PROJECT AS ORIGINALLY PLANNED.
THE APPARENT INTENT OF THIS SECTION IS TO REDUCE THE AMOUNT OF AUTHORIZATION FOR EACH PROJECT RATHER THAN FOR APPLICATION TO THE APPROPRIATION WHEN A LUMP-SUM APPROPRIATION WAS MADE TO COVER A NUMBER OF AUTHORIZED PROJECTS. ACCORDINGLY I HAVE TO ADVISE THAT THE REDUCTION OF 10 PERCENTUM SHOULD BE APPLIED TO EACH OF THE PROJECTS AS SET FORTH IN DOCUMENT 788, RATHER THAN A DEDUCTION AT THAT RATE OF THE TOTAL APPROPRIATION OF $100,000,000.