MAY 8, 1923, 2 COMP. GEN. 722

MAY 8, 1923, 2 COMP. GEN. 722

RENT OF BUILDINGS IN DISTRICT OF COLUMBIA THE AUTHORITY GRANTED TO THE PUBLIC BUILDINGS COMMISSION BY THE ACT OF MARCH 1, 1919, 40 STAT., 1269, DOES NOT AUTHORIZE THE RENTING OF BUILDINGS OR PARTS OF BUILDINGS IN THE DISTRICT OF COLUMBIA FOR WHICH NO APPROPRIATION HAS BEEN MADE, CONTRARY TO THE PROVISIONS OF THE ACT OF MARCH 3, 1877, 19 STAT., 370. THE APPROPRIATION IN THE ACT OF JUNE 1, 1922, 42 STAT., 613, FOR THE BUREAU OF INVESTIGATION, WHILE CONTEMPLATING THE ESTABLISHMENT AND MAINTENANCE OF OFFICES IN THE DISTRICT OF COLUMBIA, MAKES NO SPECIFIC APPROPRIATION FOR THE RENTAL OF OFFICES, AND CAN NOT BE CONSTRUED TO AUTHORIZE SUCH RENTAL IN VIEW OF THE PROHIBITION IN THE ACT OF MARCH 3, 1877, 19 STAT., 370.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, MAY 8, 1923:

I HAVE YOUR LETTER OF MAY 1, 1923, REQUESTING DECISION WHETHER THE APPROPRIATION "DETECTION AND PROSECUTION OF CRIMES, 1923" IS AVAILABLE TO PAY RENT FOR FIVE ROOMS IN THE FEDERAL-AMERICAN NATIONAL BANK BUILDING, WASHINGTON, D.C.

YOU STATE THAT THE ROOMS IN QUESTION ARE FOR FIELD OFFICES OF THE BUREAU OF INVESTIGATION, WHICH IS A BUREAU OF YOUR DEPARTMENT. YOU STATE ALSO THAT THE PUBLIC BUILDINGS COMMISSION HAS AUTHORIZED THE RENTING OF THESE ROOMS.

THE APPROPRIATION INVOLVED IS MADE IN THE ACT OF JUNE 1, 1922, 42 STAT., 613, IN THE FOLLOWING TERMS:

DETECTION AND PROSECUTION OF CRIMES: FOR THE DETECTION AND PROSECUTION OF CRIMES AGAINST THE UNITED STATES; THE INVESTIGATION OF THE OFFICIAL ACTS, RECORDS, AND ACCOUNTS OF MARSHALS, ATTORNEYS, AND CLERKS OF THE UNITED STATES COURTS AND THE TERRITORIAL COURTS, AND UNITED STATES COMMISSIONERS, FOR WHICH PURPOSE ALL THE OFFICIAL PAPERS, RECORDS, AND DOCKETS OF SAID OFFICERS, WITHOUT EXCEPTION, SHALL BE EXAMINED BY THE AGENTS OF THE ATTORNEY GENERAL AT ANY TIME; FOR THE PROTECTION OF THE PERSON OF THE PRESIDENT OF THE UNITED STATES; FOR SUCH OTHER INVESTIGATIONS REGARDING OFFICIAL MATTERS UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE OR THE DEPARTMENT OF STATE AS MAY BE DIRECTED BY THE ATTORNEY GENERAL; HIRE, MAINTENANCE, UPKEEP, AND OPERATION OF MOTOR-PROPELLED OR HORSEDRAWN PASSENGER-CARRYING VEHICLES WHEN NECESSARY, INCLUDING NOT TO EXCEED $3,750 FOR PURCHASE OF ONE AUTOMOBILE, AND INCLUDING NOT TO EXCEED $10,000 FOR TAXICAB HIRE TO BE USED EXCLUSIVELY FOR THE PURPOSES SET FORTH IN THIS PARAGRAPH AND TO BE EXPENDED UNDER THE DIRECTION OF THE ATTORNEY GENERAL, WHOSE CERTIFICATE AS TO THE EXPENDITURE THEREOF SHALL BE CONCLUSIVE ON THE ACCOUNTING OFFICERS OF THE TREASURY DEPARTMENT; PER DIEM IN LIEU OF SUBSISTENCE WHEN ALLOWED PURSUANT TO SECTION 13 OF THE SUNDRY CIVIL APPROPRIATION ACT APPROVED AUGUST 1, 1914, INCLUDING NOT TO EXCEED $250,000 FOR NECESSARY EMPLOYEES AT THE SEAT OF GOVERNMENT, AND INCLUDING A DIRECTOR OF THE BUREAU OF INVESTIGATION AT NOT EXCEEDING $7,500 PER ANNUM, TO BE EXPENDED UNDER THE DIRECTION OF THE ATTORNEY GENERAL, $2,250,000: PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE FOR ADVANCES TO BE MADE BY THE DISBURSING CLERK OF THE DEPARTMENT OF JUSTICE WHEN AUTHORIZED AND APPROVED BY THE ATTORNEY GENERAL, THE PROVISIONS OF SECTION 3648 OF THE REVISED STATUTES TO THE CONTRARY NOTWITHSTANDING: PROVIDED FURTHER, THAT FOR THE PURPOSE OF EXECUTING THE DUTIES FOR WHICH PROVISION IS MADE BY THIS APPROPRIATION, THE ATTORNEY GENERAL IS AUTHORIZED TO APPOINT OFFICIALS WHO SHALL BE VESTED WITH THE AUTHORITY NECESSARY FOR THE EXECUTION OF SUCH DUTIES.

THE PROVISION IN THIS APPROPRIATION FOR NECESSARY EMPLOYEES AT THE SEAT OF GOVERNMENT, INCLUDING A DIRECTOR OF THE BUREAU OF INVESTIGATION, NECESSARILY CONTEMPLATES THE ESTABLISHMENT OR MAINTENANCE OF OFFICES IN THE DISTRICT OF COLUMBIA, BUT THE APPROPRIATION MAKES NO PROVISION FOR THE RENTAL OF SUCH OFFICES.

THE ACT OF MARCH 3, 1877, 19 STAT., 370, PROVIDES:

HEREAFTER NO CONTRACT SHALL BE MADE FOR THE RENT OF ANY BUILDING, OR PART OF ANY BUILDING, TO BE USED FOR THE PURPOSES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, UNTIL AN APPROPRIATION THEREFOR SHALL HAVE BEEN MADE IN TERMS BY CONGRESS, AND THAT THIS CLAUSE BE REGARDED AS NOTICE TO ALL CONTRACTORS OR LESSORS OF ANY SUCH BUILDING OR ANY PART OF BUILDING.

THIS PROVISION PRECLUDES THE USE OF THE APPROPRIATION HEREINBEFORE MENTIONED TO PAY RENT FOR OFFICES IN THE DISTRICT OF COLUMBIA, 15 OPIN.ATTY.GEN., 274; 17 ID., 87.

SECTION 10 OF THE ACT OF MARCH 1, 1919, 40 STAT., 1269, CREATED A PUBLIC BUILDINGS COMMISSION AND INVESTED SAID COMMISSION WITH THE "ABSOLUTE CONTROL OF AND THE ALLOTMENT OF ALL SPACE IN THE SEVERAL PUBLIC BUILDINGS OWNED OR BUILDINGS LEASED BY THE UNITED STATES IN THE DISTRICT OF COLUMBIA," WITH CERTAIN EXCEPTIONS NOT MATERIAL TO THE CASE HERE PRESENTED, AND PROVIDED THAT SAID COMMISSION "SHALL FROM TIME TO TIME ASSIGN AND ALLOT FOR THE USE OF THE SEVERAL ACTIVITIES OF THE GOVERNMENT ALL SUCH SPACE.'

THERE IS NOTHING IN THE LAW CREATING AND DEFINING THE POWERS AND DUTIES OF THE PUBLIC BUILDINGS COMMISSION THAT CAN BE CONSTRUED TO AUTHORIZE THE RENTING OF BUILDINGS OR PARTS OF BUILDINGS IN THE DISTRICT OF COLUMBIA FOR WHICH NO APPROPRIATION HAS BEEN MADE IN TERMS BY CONGRESS. THEREFORE, IT MUST BE PRESUMED THAT ANY AUTHORITY THE COMMISSION MAY HAVE GIVEN FOR THE RENTING OF THE ROOMS NOW IN QUESTION WAS INTENDED TO BE CONDITIONED UPON THE EXISTENCE OF AN AVAILABLE APPROPRIATION MADE IN TERMS FOR THE RENTAL OF BUILDINGS IN THE DISTRICT OF COLUMBIA.

THE PROVISION OF THE ACT OF MARCH 3, 1877, HEREINBEFORE QUOTED, IS NOT, AS SUGGESTED IN YOUR SUBMISSION, LIMITED IN ITS APPLICATION TO THE RENTING OF BUILDINGS OR PARTS OF BUILDINGS FOR OCCUPANCY BY REGULAR OFFICES OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS. SEE 4 COMP. DEC., 139; 9 ID., 551; 10 ID., 178; 11 ID., 678; AND THE OPINIONS OF THE ATTORNEY GENERAL HEREINBEFORE CITED.