340 ASSIGNMENT OF SPACE IN INTERSTATE COMMERCE BUILDING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP63T00245R000100190004-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: May 5, 2010
• Sequence Number: 4
• Publication Date: January 1, 2000
• Content Type: REQ

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340 A88ignrnent of Space in Interstate Com,neree Building
States. The purchase of commodities from the Agricul-
tural Adjustment Administration would greatly facilitate
the execution of the Agricultural Adjustment Act, because,
amongst other reasons, surplus agricultural products ac-
quired from time to time by the Agricultural Adjustment
Administration in carrying out its part of the national.
recovery program cannot be disposed of through the ordi-
nary channels of trade without interfering with the object
sought to be attained by the acquisition of such products.
It seems proper to consider this fact in interpreting the
provisions of the Federal Emergency Relief Act of 1933.3,
since both the Relief Act and the Agricultural Adjustment
Act are parts of the same legislative program looking
toward the economic recovery of the country..
I have the honor to advise you that the question submitted
to nip should be answered in the affirmative.
Respectfully,
HOMER CUMMINGS.
To the SECRETARY OF AGRICULTURE.
PROPOSED ASSIGNMENT OF INTERSTATE COMMERCE
BUILDING TO THE USE OF THE INTERIOR DEPART-
MENT
The proposed assignment of the new Interstate Commerce Building for
the use of the Department of the Interior is unauthorized by law.
The Interstate Commerce Building into be used by the Commission so
far as its needs reasonably require, but if there should be any surplus
space when the building is completed, or if in the future surplus space
becomes available, then it will lie in the power of the Secretary of
the Interior, as successor of the Public Buildings Commission, to
assign such space as may he appropriate.
DEPARTMENT OF JUSTICE,
November 7, 1933.
SIR: In your letter of October 23, 1933, you request my
opinion " with reference to the legality of the proposed as-
signment by the Office of National Parks, Buildings and
Reservations of the new Interstate Commerce Building for
the use of the Department of the Interior." In response to
a request from me for further information you wrote on
October 31, 1933, that what you have in mind "is to take
that building for occupancy by the Interior Department
STAT
25 YEAR RE-REVIEW
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The Seoretar of the Interior 341
because t.%- are so crowded here that I have had to move
sevi+.'al t , f our bureaus h u t of the building recently."
E 'V Ser'tit.n 10 of they Act of March 1, 1919, 1% 36, 10 $ta.t.
1 l3. _s2t~i) (1;.5.('., 'I'itl 41 Sec. 1), the ['ublic Buildings
i.olillllf S`;i oil 4t'as :"'rr.att~ct irnel It WfLs Vested with c` the ahso-
liite control of and the allotlurnt of all space in the. s veriil
pul>llr, h1l11di0trs o vt ed or buiidinurs 1ea~:er1 by the United
- tans in tiro District of ('olrrmbia ", with excerptions not
pertinent- here- liv the 1'rc-sident's Exerulhe Order of .June
.0, 79xpllrswrnt to the let. of March 3, 19:33. c. 112, 47
Stat. 1 89, 1517 1X19, the Public l tiildintr5 V ~`ntiltvu ir,ln was
a.boiislled and ti poa-er and funrt.iorn5 were transferred to
you. `1'ha vslidity of this portion of the Executive order
(it .little iii, !n 111V Opinion, to the
l't'e:-.idr=.rlt oil ptrtliher N. 1933.
J agree With the opinion of vnur Solicitor that the A.rt
of Mal-.h 1, 1 419. totiether With the provisions of the Execu-
tive order, cleariV authorize you to make the proposer) as-
srrpirleuit rule',s there is other lerrislation sufficient to limit
Elie broad pcIW&'r, t-ransferrerl to von as successor of the
I'lihlie Buii,iin&rti ('unin-lis-oon. In my opinion. there is such
legislation, and I tenrlude that YOU do not have power to
illuhf the fxolp15cd sssiglitnent.
rnmtr'ucto n of the. hniidincr referred to in your let-
ter as fl-e Interstate. t'olnlllerce i iiildinr With: authorized by
the Act elf July 3, 19ap, e 340, 4.6 Stat. 800. 9071. in the fol-
io~vinc; I'1fl Uare--
13,tt rsliitc'' t.'OlnrtiPrrh ('?lltprlrrsNicn or (xr'tieral Accounting
dpihc-e B nh;iner: 1+'rrr the constru+tion of the huil;lio:r orir-i
litilv intssndtai for the Irite;,r;t.ltt, ("onurperce ~:pnln~isian, but
i3 til('h is to ho r)e'r!Ipied tp;i l'1 t11~r' the Interstate t'ccionlerce
a;cpt7ln;is~'iOrt ctr tire. (yerier:ri ,Ai'i'onntinr,r (?llb'e, its may he
deternuned by the Piilclit. Blrildintrs Conluii,sioil, under a
total e ;tiara i ec1 inst of ;4,5(L( N It r " L
in the game Act C,ngr" as elso A'111[1002- 1 the Pon tructi7n o a ,ounnnting
wing between the baildirg now under Ponabh r nti?n ant the L it ur 1h'pai tment
Building, 'rbls autlnirizarh,n wan In the ioaowing language-
onnerting wing, Labor-inierste 0' "On'tnerce Cranmisvion Building: For the
construction of the e,innerring wing between the building Or the Department
of Labor and the building originally intended for the Interstate Colnmerce
Commission, but which Iast-named building is to he urrupieri by either said
Commission or the Gaaerni Accounting Office, as way be determim>'I by the
Public Buildings Commission, under s total estimated c:o,;i of $z,000,00t .
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342 Assignment of Space in Interstate Commerce Building
The same statute also authorized the construction of other
buildings within the District of Columbia, including the
Archives Building, Department of Justice Building, Depart-
ment of Labor Building, Post Office Building, and Public
Health Service Building.
I cannot doubt that these buildings were authorized by
Congress in recognition of, and in view of caring for, the
particular needs of the Departments and Offices named. If
further indication of this intention on the part of Congress
is necessary, it may be found in a statement of Congressman
Elliott who, as Chairman of the House Committee on Public
Buildings and Grounds, had much to do with shaping the
building program (72 Cong. Rec. 60)-
"An administration building for the Department of Agri-
culture is being completed at a cost of $2,000,000. An ex-
tension to the Government Printing Office is being made at
a cost of $1,250,000. A beautiful building for the Bureau
of Internal Revenue is being erected which will cost $10,-
000,000. A building for the Department of Commerce.
which is the largest off ce building in the world, will cost
$17,500,000. An archives building, in which to house the
valuable records now in nonfireproof buildings, has been
authorized at a limit of cost of $5,750,000.
It is also the intention to build a home for the Depart
ment of Labor, one for the Department of Justice, and
other buildings in which to house the independent depart
ments and bureaus of the Government. In addition to thi*
project Congress has authorized under a separate Act the
construction of an addition to the House Office Building
on the west side of New Jersey Avenue, adjacent to the
present House Office Building, at an estimated cost of
$7,500,000.
The United States Supreme Court has never had a satin
factory or adequate home. * * * A new Supreme Court
house will be erected on the block of ground north of the
Congressional Library, which will be in keeping with its,
dignity and importance."
The legislative designations of these buildings in the
appropriation Acts, and the authorization of their construe
tion in accordance with a plan carefully formulated by the
Public Buildings Commission, constitutes, in my opinion, a
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The Secretary of the Interior 343
legislative adoption of that plan. When Congress expressly
provided for the construction of an Archives Building to
provide for safe storage of " valuable records now in non-
fireproof buildings " it could not have contemplated that
its purpose was subject to frustration through exercise of
the power granted by the Act of March 1, 1919.
In the Act of May 25, 1926, c. 380, 44 Stat. 630, which
originally authorized the present building program in the
District of Columbia, Congress provided in section 1
(U.S.C. Supp. VI, Title 40, Sec. 341)-
"That all sketches, plans, and estimates for buildings shall
be approved by the Secretary of the Treasury and the heads
of the Executive Departments which are to be located in
such building."
" Congress would not have provided that the plans should
be approved by the "heads of the Executive Departments
which are to be located in such building ", if it had contem-
plated that as soon as the building was completed it should
be occupied by some other Department without regard to
the wishes of the Department for whom it was planned.
With respect to the building now under consideration,
however, there is no need to seek the intention of Congress in
implication or inference. It is expressly declared that the
building now under consideration " is to be occupied by
either the Interstate Commerce Commission or the General
Accounting Office, as may be determined by the Public
Buildings Commission." The power thus granted to the
Public Buildings Commission is now vested in you; but the
very fact of the grant carries with it its limitation. If Con-
gress had contemplated that the Public Buildings Com-
mission had power to assign the proposed buildings as it
saw fit, regardless of their designation in the Acts authoriz-
ing their construction, the express grant of authority to ci.e-
termine whether the building in question should be occupied
by the Interstate Commerce Commission or the General
Accounting Office would have been unnecessary. When Con-
gress intended the Public Buildings Commission to have un-
limited power to determine the use to be made of the new
buildings, it expressly said so. For instance, in the Act of
March 4, 1931 (c. 522, 46 Stat. 1552, 1605), it made an appro-
priation " For the construction of a building to be assigned
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344 Unlimited Coinage of Silver
to the Coast Guard, or some other Government activity,
as may be determined by the Public Buildings Com-
m.ittee, * * *."
Although I conclude that the new buildings must be made
available to the agencies for whore they were constructed,
except as Congress has expressly given power to the Public
Buildings Commission (a power now exercised by you) to
determine otherwise, I do not mean to be understood as say-
ing that you are wholly without power with respect to the
new buildings. As your Solicitor points out, Congress Must
have foreseen that the importance and magnitude of the
operations of the various branches of the Government con-
tinually expand and contract with reference to each other as
times an-l circunistances demand. Congress could not have
intended that space not actually required by a Department
in a building assigned to its use must lie idle while at the
same time another Department is in need of additional
space. There is no need to resort to Congress in every such
contingency. It was the duty of the Public Buildings Com-
inission to take care of such matters, and that power may
now be exercised by you. The new buildings are to be used
by the agencies for whom they were constructed so far as
their needs reasonably require. If there is any surplus
space when the building is completed, or in the future such
space becomes available, it will lie in your power to assign
it as may be appropriate.
. Respectfully,
HOMER CUMMINGS.
To the SECRETARY OF THE INTERIOR.
FNLIMITEI) COINAGE OF SILVER
The President has authority to proclaim and put into effect a plan for
the unlimited coinag 'at the present fixed ratio to gold and subject
to 50 percent seigniorage) of domestic silver produced after the effec-
tive date of the proclamation.
I)EPARTMENT OF JIISTIC ,
November R, 19.33.
SIR: I have the honor to comply with your request for my
opinion upon the authority of the President to proclaim and
put into effect a plan for the unlimited coinage, (at the
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