MARCH 21, 1922, 1 COMP. GEN. 532

MARCH 21, 1922, 1 COMP. GEN. 532

APPROPRIATIONS FOR REPAIRS OR IMPROVEMENTS - WHETHER PUBLIC BUILDING APPROPRIATIONS THE MERE FACT THAT AN APPROPRIATION FOR REPAIRS OR IMPROVEMENTS IS CARRIED IN AN ACT UNDER THE SUBHEAD "PUBLIC BUILDINGS" DOES NOT CONSTITUTE IT A PUBLIC BUILDING APPROPRIATION WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912, 37 STAT., 487. 1 COMP. GEN., 435, ADHERED TO.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MARCH 21, 1922:

I HAVE YOUR LETTER OF MARCH 2, REQUESTING A RECONSIDERATION OF MY DECISION OF FEBRUARY 17, 1922, TO THE EFFECT THAT 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 WAS AN ANNUAL APPROPRIATION AND THEREFORE IS NOT AVAILABLE FOR OBLIGATIONS INCURRED AFTER JUNE 30, 1914.

AS THE BASIS OF YOUR REQUEST FOR A RECONSIDERATION YOU REFER TO A LETTER ADDRESSED TO YOU BY THE COMMISSIONER OF PATENTS UNDER DATE OF FEBRUARY 28, 1922, IN WHICH REASONS FOR A RECONSIDERATION ARE ADVANCED, AS FOLLOWS:

(1) THE URGENT NEED OF THE PATENT OFFICE FOR THE ADDITION TO THE BUILDING.

(2) THAT AS THE APPROPRIATION INDICATES IT WAS THE WISH OF CONGRESS TO HAVE AN ADDITION MADE TO THE PATENT OFFICE THAT WISH SHOULD BE CARRIED OUT.

(3) THAT THE APPROPRIATION IS MADE UNDER THE HEADING "PUBLIC BUILDINGS.'

(4) THAT THE WORK CONTEMPLATED UNDER THIS APPROPRIATION COULD NOT, UNDER THE UNIFORM RULINGS OF FORMER ACCOUNTING OFFICERS, HAVE BEEN ACCOMPLISHED UNDER AN ORDINARY APPROPRIATION FOR REPAIRS OR PRESERVATION.

THAT THE NEEDS OF THE PATENT OFFICE FOR ADDITIONAL SPACE ARE NOT FOR CONSIDERATION IN DETERMINING THE QUESTION HERE PRESENTED IS FUNDAMENTAL AND REQUIRES NO AMPLIFICATION OR CITATION OF AUTHORITIES TO SUPPORT IT. IT MAY BE MENTIONED THAT THE URGENT NEED OF THE PATENT OFFICE FOR ADDITIONAL SPACE WAS PRESENTED TO THE CONGRESS WHEN THIS APPROPRIATION WAS ASKED FOR AND YET, ALTHOUGH THE APPROPRIATION WAS MADE IN JUNE, 1913, AND REMAINED AVAILABLE UNTIL JUNE 30, 1914, NOTHING AT ALL WAS DONE TO OBLIGATE THE APPROPRIATION IN ANY AMOUNT.

WITH REFERENCE TO THE SECOND REASON ADVANCED BY THE COMMISSIONER IT IS TO BE SAID THAT THE PROVISION OF LAW UNDER CONSIDERATION INDICATED THE DESIRE OR CONSENT OF THE CONGRESS THAT AN ADDITION TO THE PATENT OFFICE BE MADE AT THAT TIME, BUT IT DOES NOT INDICATE A DESIRE OR CONSENT THAT THE WORK CONTEMPLATED BE UNDERTAKEN AFTER JUNE 30, 1914, AND IT IS NO INDICATION OF THE WILL OF THE PRESENT CONGRESS. MORE THAN EIGHT YEARS HAVE ELAPSED SINCE THE WORK WAS AUTHORIZED AND RESPONSIBILITY FOR THE FAILURE TO OBLIGATE THE APPROPRIATION DURING THE PERIOD OF ITS AVAILABILITY MUST REST WITH THE ADMINISTRATIVE AUTHORITIES.

THE THIRD REASON ASSIGNED BY THE COMMISSIONER EVIDENTLY IS BASED UPON THE ASSUMPTION THAT EACH AND EVERY APPROPRIATION APPEARING UNDER THE SUBHEADING "PUBLIC BUILDINGS," 38 STAT., 43, IS A PUBLIC BUILDINGS APPROPRIATION WITHIN THE MEANING OF THE PROVISIONS OF SECTION 7 OF THE ACT OF AUGUST 24, 1912, 37 STAT., 487. THAT SAID ASSUMPTION IS ERRONEOUS IS APPARENT FROM THE FACT THAT NUMEROUS APPROPRIATIONS WHICH ARE UNQUESTIONABLY ANNUAL APPROPRIATIONS ARE CARRIED UNDER SAID SUBHEADING. SEE PARTICULARLY THE APPROPRIATIONS FOR "REPAIRS OF BUILDINGS, INTERIOR DEPARTMENT," 38 STAT., 43; "REPAIRS AND PRESERVATION OF PUBLIC BUILDINGS," ID., 15; "MECHANICAL EQUIPMENT OF PUBLIC BUILDINGS" AND "GENERAL EXPENSES OF PUBLIC BUILDINGS," ID., 16. EACH OF THESE AND OTHER ANNUAL APPROPRIATIONS ARE CARRIED UNDER A SUBHEADING "PUBLIC BUILDINGS.'

THE FOURTH AND LAST REASON IS ALSO BASED UPON AN ERRONEOUS ASSUMPTION. IT IS TRUE, AS CONTENDED BY THE COMMISSIONER, THAT THE APPROPRIATION FOR REPAIRS AND PRESERVATION OF PUBLIC BUILDINGS GENERALLY, OR FOR REPAIRS AND PRESERVATION OF THE PATENT OFFICE, WOULD NOT HAVE BEEN AVAILABLE FOR THE WORK CONTEMPLATED AND PROVIDED FOR UNDER THE APPROPRIATION NOW UNDER CONSIDERATION. A DISTINCTION BETWEEN "REPAIRS AND PRESERVATION" AND "IMPROVEMENTS AND ADDITIONS" HAS BEEN RECOGNIZED UNIFORMLY, BUT IT DOES NOT FOLLOW FROM THAT THAT APPROPRIATIONS FOR IMPROVEMENTS AND ADDITIONS ARE NECESSARILY PUBLIC BUILDINGS APPROPRIATIONS WITHIN THE MEANING OF THE ACT OF AUGUST 24, 1912. A DISTINCTION IS ALSO RECOGNIZED BETWEEN MECHANICAL EQUIPMENT OF PUBLIC BUILDINGS AND REPAIRS AND PRESERVATION OF PUBLIC BUILDINGS, BUT IT COULD NOT BE SERIOUSLY CONTENDED THAT AN APPROPRIATION FOR MECHANICAL EQUIPMENT OF PUBLIC BUILDING WAS OTHER THAN AN ANNUAL APPROPRIATION.

I FIND NOTHING IN THE FACTS OR ARGUMENTS PRESENTED TO JUSTIFY ANY CHANGE IN THE CONCLUSION ANNOUNCED IN MY DECISION OF FEBRUARY 17, 1922, 1 COMP. GEN., 435, AND FOR REASONS SET FORTH THEREIN SAID DECISION MUST BE AND IS ADHERED TO. ..END :