USES OF SURPLUS MONEY FROM NEW BUILDING APPROPRIATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01370R000500050011-0
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: September 8, 2000
• Sequence Number: 11
• Publication Date: November 10, 1959
• Content Type: MF

SUBJZCTt
170R000500050011-0
Uses of Surplus Money from Nev Building Appropriation
1. We understand that the question has been raised in connection
with Bureau of the Budget presentations as to whether or not surplus
MWVJ from the new building appropriation may properly be used for
furnishings,
2. As you know, section 401 of the Military Construction Act of
1955 specifically provides that:
"the Director of Central Intelligence is authorized to provide
e for the Central Intelligence Agency,
he strict of Columbia or elsewhere, by the &cWgs c Hof laud
cost not to exceed $1,000,000 and construction of buildings
~.r.rlrrl~~llr~1 rllrriFl"'7i11Y".Y
,
M ....p~.^
Mcl;Atilao _.. : z, utili a and access rmigg at a cost of
exceed
5,500,000. (emphasis supplied).
3? The Comptroller General has been quite strict in his interpretation
of language used in appropriation acts. The decision reported at 7 Comp.
Gen. 474 dealt with an appropriation for the construction of two additional
stories on the Liberty Loan Building. In holding that the language of the
appropriation did not permit purchase of window shades and a zings the
Col *troller General stated in part:
"The appropriation made by the act of December 22,, 1927, was
for ct:mgletion of construction of two additional stories to the
Liberty Loan Building and it is a well settled rule that the
appropriation for the construction of a building is available only
for the cost of construction proper and for equipment and fixtures
permanentlyy attached to the building and so essentially a part
thereof that the removal of the same Wight cause substantial
damage to the building. 26 Comp,- Dec. ill.
"Window shades and awnings are not under the law to be considered
in such category. They may be installed and removed as may be
found necessary without affecting the building in which they are
placed. They can not, therefore, be considered as part of the con-
struction of the building, and the cost thereof may not legally be
Approved For Release 20010 1
OGC HASEVIEWED.
Comptroller
r" a T F.
Of1Sr CLASS __! 4 _ OS _ RN CLASS
- e f:or? '^asd,.2oo2r65/0w CIA-RDP80-0137OR000500050011-0
specific provision therefor be made in such appropriation.
i~fEi~lAL USE ONLY
 ~INTERNAL
Approved For Release 2002/05/07 : CIA-RDP80-0137OR00050005001 1 -0
"Accordingly, you are advised that the special appropriation
for the caaletion of the construction of the two additional stories
in the Liberty Loan Building is not available for the purchase and
installation of the window shades and awnings in question."
On the other baud, it was stated in 7 Comp, Gen. 619 that while an
appropriation made for enlarging and remodeling a building is not as a rule
available for the purchase and installation of furniture, when it appears
that the appropriation is specifically made available for equipment and
the amount appropriated includes an Item for furniture, etc., such
appropriation prperly may be used for the purchase and Installation of the
necessary furniture. The decision reported at 9 Comp. Gen. 217 affirms the
principles set forth at 7 Comp, Gen. 75 and 619 respectively, referred to
above, in approving the installation of a cafeteria and. equipment in the
new Department of Commerce Building, while the Comptroller General at 12
Comp. Gen. X88 disapproved the use of the construction appropriation for
the installation of portable fire extinguishers or their racks stating:
he fact that the appropriation properly chargeable with the
installation of fire extinguishers in new buildings is inadequate,
does not authorize the use therefor of the construction appropriation.
7 Comp. Gen. 474."
4, It will be seen that the language of the construction act does
not provide specifically for furnishings or equipment nor do we feel that
it may be so interpreted. While this matter has not been submitted formally
to the General Accounting Office, we have discussed it on an informal basis
with a member of the staff of the General Counsel to the Comptroller
General, trho specializes in appropriation matters,and it was his opinion
that the language of the construction act, in the light of the decisions
of the Comptroller General referred to above, would preclude the use of
surplus appropriation funds for other than the cost of construction proper"
s Lan as: -o Ij-n r S oon
1AWIM A. SON
General Counsel
cc: DD/S
Logistics
is a'r IN , i
coHbiborrEi
Approved For Release 2002/05/07: CIA-RDP80-0137OR00050005001 1 -0
CIA III
TE L USE ONLY