Skip to main content

A-44269, SEPTEMBER 1, 1932, 12 COMP. GEN. 318

A-44269 Sep 01, 1932
Jump To:
Skip to Highlights

Highlights

ARE SUBJECT TO THE REDUCTION OF 10 PERCENTUM AS PROVIDED IN SECTION 320 OF THE ACT OF JUNE 30. HOUSE DOCUMENT NO. 788 IS AN ANNUAL REPORT SUBMITTED BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL IN ACCORDANCE WITH SECTION 4 OF THE ACT OF MAY 25. EMBODIES AN ALLOCATION OF PROJECTS WHICH IT WAS EXPECTED CONGRESS WOULD AUTHORIZE AS THE NEXT INSTALLMENT UNDER THE PUBLIC BUILDING PROGRAM. SUCH AUTHORIZATIONS WERE NOT GRANTED IN THE REGULAR COURSE. ARE HEREBY AMENDED TO PROVIDE FOR A REDUCTION OF 10 PERCENTUM OF THE LIMIT OF COST AS FIXED IN SUCH AUTHORIZATION. IT WILL BE NOTED THAT SECTION 320 REQUIRES A REDUCTION OF 10 PERCENT OF THE LIMIT OF COST AS FIXED IN AUTHORIZATIONS "HERETOFORE" GRANTED BY LAW FOR THE CONSTRUCTION OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS.

View Decision

A-44269, SEPTEMBER 1, 1932, 12 COMP. GEN. 318

ECONOMY ACT - APPROPRIATIONS - PUBLIC BUILDINGS FUNDS MADE AVAILABLE FOR PUBLIC BUILDINGS BY SECTION 301 (A) (10) OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF JULY 21, 1932, 47 STAT. 716, 718, ARE SUBJECT TO THE REDUCTION OF 10 PERCENTUM AS PROVIDED IN SECTION 320 OF THE ACT OF JUNE 30, 1932, 47 STAT. 412.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 1, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 22, 1932, AS FOLLOWS:

SECTION 301 (A) OF THE EMERGENCY RELIEF ACT, PUBLIC NO. 302--- 72D CONGRESS, APPROVED JULY 21, 1932, APPROPRIATES $322,224,000 FOR EMERGENCY CONSTRUCTION OF CERTAIN AUTHORIZED PUBLIC WORKS, AND UNDER THIS SECTION, PARAGRAPH 10 PROVIDES AS FOLLOWS:

"FOR EMERGENCY CONSTRUCTION OF PUBLIC BUILDING PROJECTS OUTSIDE THE DISTRICT OF COLUMBIA (INCLUDING THE ACQUISITION, WHERE NECESSARY, BY PURCHASE, CONDEMNATION OR OTHERWISE, OF SITES AND ADDITIONAL LAND FOR SUCH BUILDINGS, THE DEMOLITION OF OLD BUILDINGS WHERE NECESSARY, AND THE CONSTRUCTION, REMODELING OR EXTENSION OF BUILDINGS), SUCH PROJECTS TO BE SELECTED BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL FROM THE PUBLIC BUILDING PROJECTS SPECIFIED IN HOUSE DOCUMENT NUMBERED 788, SEVENTY-FIRST CONGRESS, THIRD SESSION, $100,000.000. SUCH PROJECTS SHALL BE CARRIED OUT WITHIN THE LIMITS OF COST SPECIFIED IN SUCH DOCUMENT (EXCEPT AS MODIFIED BY LAW) * * *.'

HOUSE DOCUMENT NO. 788 IS AN ANNUAL REPORT SUBMITTED BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL IN ACCORDANCE WITH SECTION 4 OF THE ACT OF MAY 25, 1926, AND EMBODIES AN ALLOCATION OF PROJECTS WHICH IT WAS EXPECTED CONGRESS WOULD AUTHORIZE AS THE NEXT INSTALLMENT UNDER THE PUBLIC BUILDING PROGRAM. HOWEVER, SUCH AUTHORIZATIONS WERE NOT GRANTED IN THE REGULAR COURSE, BUT BECAME A PART OF THE RELIEF ACT OF JULY 21, 1932, IN THE LANGUAGE QUOTED ABOVE.

SECTION 320 OF PUBLIC NO. 212--- 72D CONGRESS, DATED JUNE 30, 1932, IN TITLE III, MISCELLANEOUS PROVISIONS, CONTAINS THE FOLLOWING:

"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 CONSTRUCTION HAS BEEN MADE * * *.'

IT WILL BE NOTED THAT SECTION 320 REQUIRES A REDUCTION OF 10 PERCENT OF THE LIMIT OF COST AS FIXED IN AUTHORIZATIONS "HERETOFORE" GRANTED BY LAW FOR THE CONSTRUCTION OF PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS, WHETHER AN APPROPRIATION THEREFOR HAS OR HAS NOT BEEN MADE. IN THE CASE OF SECTION 301 (A/-10, THE AUTHORIZATION AND APPROPRIATION ARE CONCURRENT AND DID NOT BECOME LAW UNTIL JULY 21, 1932. AS AN EMERGENCY RELIEF MATTER, CONGRESS AUTHORIZED THE EXPENDITURE OF $100,000,000 FOR PROJECTS TO BE SELECTED FROM DOCUMENT 788 WITHIN THE LIMITS SPECIFIED IN THIS DOCUMENT, AND THEN QUALIFIES THIS PROVISION BY THE WORDS "EXCEPT AS MODIFIED BY LAW.'

IN VIEW OF THE FACT THAT SECTION 320 IS DIRECTED TO AUTHORIZATIONS MADE PRIOR TO THE PASSAGE OF THE ECONOMY ACT, AND HAVING ALREADY BECOME A LAW WHEN THE RELIEF MEASURE WAS PASSED, IT IS NOT BELIEVED THAT IT WAS THE INTENT OF CONGRESS TO CONSIDER THIS PROVISION AS A MODIFICATION BY LAW APPLICABLE TO PARAGRAPH 10. IN THIS CONNECTION, ALSO, ATTENTION IS INVITED TO THE PARENTHETICAL STATEMENT ON PAGE 7 OF DOCUMENT 788 THAT "AMOUNTS ALLOCATED FOR PROJECTS NOT YET AUTHORIZED ARE TENTATIVE AND SUBJECT TO REVISION WHEN SPECIFIC APPROPRIATIONS ARE REQUESTED.' THIS STATEMENT REFERS TO THE PROJECTS "ALLOCATED TO BE APPROPRIATED" FROM WHICH THE RELIEF PROGRAM IS TO BE SELECTED. IN THE BILL H.R. 12445, WHICH PASSED THE HOUSE OF REPRESENTATIVES AND WAS AMENDED IN THE SENATE BY SUBSTITUTION OF THE PROVISIONS OF THE PRESENT RELIEF LEGISLATION, THE ALLOCATED PROJECTS NAMED IN DOCUMENT 788 WERE NAMED SPECIFICALLY. (SEC. 301.) IT WILL BE NOTED THAT THE TOTAL AMOUNT PROVIDED BY SECTION 301 OF THE HOUSE RELIEF BILL IS $174,274,000, WHEREAS THE TOTAL ESTIMATE NAMED IN DOCUMENT 788 IS $154,345,000. THE GREATER PART OF THIS DIFFERENCE IS BROUGHT ABOUT BY THE FACT THAT SUBSEQUENT STUDY OF THE ALLOCATED PROJECTS SHOWED THAT INCREASED LIMITS OF COST WOULD BE NECESSARY IN A NUMBER OF INSTANCES, AND THESE INCREASED LIMITS ARE SPECIFIED IN THE HOUSE RELIEF BILL, AS EXEMPLIFIED BY THE INCREASE IN LIMIT OF COST FOR THE BOSTON, MASS., PARCEL-POST BUILDING FROM $3,000,000 TO $4,500,000, AND THE FEDERAL OFFICE BUILDING, NEW YORK CITY, FROM $6,350,000 TO $7,000,000. IT WAS OBVIOUSLY THE THOUGHT OF CONGRESS IN APPROVING THE PROJECTS IN DOCUMENT 788 THAT IT WOULD PROBABLY BE NECESSARY TO EVENTUALLY MODIFY THE LIMITS OF COST FOR CERTAIN MUCH-NEEDED PROJECTS. PROVISION FOR THIS CONTINGENCY IS INCLUDED IN THE WORDING OF PARAGRAPH 10 OF SECTION 301 (A) OF THE RELIEF BILL WHICH BECAME LAW.

THE SELECTION BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL OF PROJECTS FROM DOCUMENT 788 WILL DEPEND CONSIDERABLY ON WHETHER THE SELECTIONS CAN BE MADE ON THE BASIS OF THE LIMITS OF COST STATED IN THE DOCUMENT OR WHETHER THEY MUST BE CONSIDERED ON THE BASIS OF 90 PERCENT OF THE ESTIMATES OF COST. YOUR DECISION, ACCORDINGLY, IS REQUESTED AS TO WHETHER YOU CONCUR WITH THE VIEWS OF THIS DEPARTMENT THAT SECTION 320 OF PUBLIC NO. 212 IS NOT APPLICABLE TO SECTION 301 (A/ 10 OF PUBLIC 302--- 72D CONGRESS, APPROVED JULY 21, 1932.

THERE APPEARS TO BE NO QUESTION, AS STATED BY YOU, THAT THE AUTHORIZATIONS IN CONNECTION WITH THE PROJECTS AUTHORIZED AND APPROPRIATED FOR UNDER THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF JULY 21, 1932, WERE NOT AUTHORIZATIONS "HERETOFORE GRANTED BY LAW" UNDER SECTION 320 OF THE ACT OF JUNE 30, 1932, 47 STAT. 412, IN THAT BOTH THE AUTHORIZATION AND APPROPRIATION THEREFOR ARE CONTAINED IN AN ACT WHICH BECAME LAW SUBSEQUENT TO THE ENACTMENT OF THE ECONOMY LAW OF JUNE 30, 1932. HOWEVER, IT IS PROVIDED BY SECTION 803 OF THE ECONOMY ACT, 47 STAT. 419, THAT---

THE PROVISIONS OF PART 2 HEREIN ARE HEREBY MADE APPLICABLE TO THE APPROPRIATIONS AVAILABLE FOR THE FISCAL YEAR 1933, WHETHER CONTAINED IN THIS ACT OR IN ACTS PRIOR OR SUBSEQUENT TO THE DATE OF THE APPROVAL OF THIS ACT.

SECTION 320 IS INCLUDED IN PART 2 OF THE ACT OF JUNE 30, 1932, AND IS, THEREFORE, MADE EFFECTIVE BY SECTION 803, SUPRA, AS AGAINST ANY APPROPRIATION AVAILABLE FOR THE FISCAL YEAR 1933 WHETHER CONTAINED IN ANY ACT WHICH BECAME LAW PRIOR OR SUBSEQUENT TO THE EFFECTIVE DATE OF THE ECONOMY ACT, AND SINCE THE APPROPRIATION MADE BY SUBSECTION 301 (A), PARAGRAPH 10, OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 IS AN APPROPRIATION AVAILABLE FOR THE FISCAL YEAR 1933, IT MUST BE CONSTRUED AS HAVING BEEN MADE SUBJECT TO THE PROVISIONS OF SECTION 320 OF THE ACT OF JUNE 30, 1932. IT MAY BE, AS YOU STATE, THAT THE WORDS IN PARAGRAPH 10 OF SUBSECTION 301 (A) OF THE EMERGENCY RELIEF AND CONSTRUCTION ACT OF 1932 "/EXCEPT AS MODIFIED BY LAW)" MAY HAVE HAD FOR THEIR PURPOSE THE INCREASE RATHER THAN THE DECREASE OF THE AMOUNTS ESTIMATED FOR THE SEVERAL PROJECTS UNDER HOUSE DOCUMENT NUMBERED 788, YET THEY ARE SUSCEPTIBLE OF THE CONSTRUCTION THAT SUCH ESTIMATES SHOULD BE REDUCED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 320 OF THE ECONOMY ACT. FURTHERMORE, IN VIEW OF THE SPECIFIC PROVISIONS OF SECTION 803 OF THE SAME ACT, THERE APPEARS TO BE NO CHOICE BUT TO GIVE EFFECT TO THE PROVISIONS OF SECTION 320. SEE DECISION OF AUGUST 5, 1932, A-43587, INVOLVING A SIMILAR QUESTION WITH RESPECT TO FUNDS MADE AVAILABLE FOR PUBLIC BUILDINGS AND PUBLIC IMPROVEMENTS IN THE SECOND DEFICIENCY ACT OF JULY 1, 1932.

ACCORDINGLY, IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED, I HAVE TO ADVISE THAT THE FUNDS MADE AVAILABLE FOR PUBLIC BUILDINGS BY 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.

GAO Contacts

Office of Public Affairs