FEBRUARY 17, 1922, 1 COMP. GEN. 435

FEBRUARY 17, 1922, 1 COMP. GEN. 435

AVAILABILITY OF APPROPRIATIONS BEYOND FISCAL YEAR THE APPROPRIATION "FOR REPAIRS AND IMPROVEMENTS TO THE PATENT OFFICE BUILDING" ACT OF JUNE 23, 1913, 38 STAT., 43, IS NOT AN APPROPRIATION FOR "PUBLIC BUILDINGS" WITHIN THE MEANING OF SECTION 7 OF THE ACT OF AUGUST 24, 1912, 37 STAT., 487, AS AMENDED, MAKING APPROPRIATIONS FOR PUBLIC BUILDINGS AVAILABLE WITHOUT YEAR, BUT IS AN ANNUAL APPROPRIATION NOT AVAILABLE FOR OBLIGATIONS INCURRED AFTER JUNE 30, 1914.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, FEBRUARY 17, 1922:

BY INDORSEMENT DATED JANUARY 9, 1922, UPON A LETTER ADDRESSED TO YOU BY THE COMMISSIONER OF PATENTS UNDER DATE OF JANUARY 7, DECISION IS REQUESTED WHETHER THE APPROPRIATION OF $220,000 MADE IN THE SUNDRY CIVIL APPROPRIATION ACT OF JUNE 23, 1913, 38 STAT., 43, FOR REPAIRS AND IMPROVEMENTS TO THE PATENT OFFICE BUILDING IS NOW AVAILABLE FOR SUCH REPAIRS AND IMPROVEMENTS, AND IF SO UNDER WHAT CONDITIONS IT MAY BE UTILIZED.

THE PROVISION IN THE ACT OF JUNE 23, 1913, MAKING THE APPROPRIATION IN QUESTION, READS:

FOR REPAIRS AND IMPROVEMENTS TO THE PATENT OFFICE BUILDING, AS SET FORTH IN SENATE DOCUMENT NUMBERED FIVE HUNDRED AND FORTY-THREE OF THE SIXTY- FIRST CONGRESS, ALL OF THE WORK TO BE DONE UNDER THE SUPERVISION AND DIRECTION OF THE SUPERINTENDENT OF THE CAPITOL BUILDING AND GROUNDS, AND TO BE IMMEDIATELY AVAILABLE, $220,000.

SECTION 7 OF THE ACT OF AUGUST 24, 1912, 37 STAT., 487, AS AMENDED BY SECTION 6 OF THE ACT OF MARCH 3, 1919, 40 STAT., 1309, PROVIDES:

NO SPECIFIC OR INDEFINITE APPROPRIATION MADE HEREAFTER IN ANY REGULAR ANNUAL APPROPRIATION ACT SHALL BE CONSTRUED TO BE PERMANENT OR AVAILABLE CONTINUOUSLY WITHOUT REFERENCE TO A FISCAL YEAR UNLESS IT BELONGS TO ONE OF THE FOLLOWING FOUR CLASSES: "RIVERS AND HARBORS," "LIGHTHOUSES," ,PUBLIC BUILDINGS," AND "PAY OF THE NAVY AND MARINE CORPS," * * * OR UNLESS IT IS MADE IN TERMS EXPRESSLY PROVIDING THAT IT SHALL CONTINUE AVAILABLE BEYOND THE FISCAL YEAR FOR WHICH THE APPROPRIATION ACT IN WHICH IT IS CONTAINED MAKES PROVISION.

THE APPROPRIATION NOW UNDER CONSIDERATION WAS MADE IN AN ANNUAL APPROPRIATION ACT, AND IT IS NOT "MADE IN TERMS EXPRESSLY PROVIDING THAT IT SHALL CONTINUE AVAILABLE BEYOND THE FISCAL YEAR FOR WHICH THE APPROPRIATION ACT IN WHICH IT IS CONTAINED MAKES PROVISION.' THEREFORE, THE ONLY QUESTION FOR CONSIDERATION IS WHETHER IT APPLIES TO EITHER OF THE FOUR CLASSES OF APPROPRIATIONS SPECIFICALLY NAMED. THERE CAN BE NO DOUBT THAT IT DOES NOT APPLY TO EITHER THE FIRST, SECOND, OR FOURTH CLASS MENTIONED, AND I THINK IT MUST BE HELD THAT APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO PUBLIC BUILDINGS ARE NOT APPROPRIATIONS FOR PUBLIC BUILDINGS WITHIN THE MEANING OF THAT TERM AS USED IN THE ACT OF AUGUST 24, 1912, AND THE ACT OF JUNE 20, 1874, 18 STAT., 110.

I NOTE THE COMMISSIONER'S STATEMENT TO THE EFFECT THAT THIS APPROPRIATION IS INDICATED AS OF NO YEAR IN THE COMBINED STATEMENT OF RECEIPTS, DISBURSEMENTS, ETC., DURING THE FISCAL YEAR ENDED JUNE 30, 1920, AND THAT IT IS STILL CARRIED ON THE BOOKS OF THE TREASURY AS WITHOUT YEAR. BUT THE ADMINISTRATIVE ACTION OF THE TREASURY DEPARTMENT IN CLASSIFYING APPROPRIATIONS FOR THE PURPOSE OF POSTING OR REPORTING IS NOT CONCLUSIVE IN THE MATTER, THE QUESTION AS TO THE AVAILABILITY OF APPROPRIATIONS BEING FOR DETERMINATION BY THIS OFFICE IN THE LIGHT OF STATUTORY ENACTMENTS APPLICABLE THERETO. 19 COMP. DEC., 263.

FOR REASONS HEREIN STATED I HAVE TO ADVISE THAT THE APPROPRIATION IN QUESTION IS NOT AVAILABLE FOR OBLIGATIONS INCURRED AFTER JUNE 30, 1914.