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B-204270 1 (1981-10-13)

handle is hein.gao/gaobadjux0001 and id is 1 raw text is: 




DECISION





FILE:   B-204270

MATTER OF:


DIGEST:


            CTHE COMPTROLLER ENERAL
I.         . OF THE UNITED            STATES
             WAS H IN1G TO N     0. C. 20548
     UIT,O


                    DATE:     October 13, 1981

Federal Bureau of Investigation's Standard
Level User Charge Payments, FY 1981.


1. Provision in 1981 supplemental appropriation
   for salaries and expenses to the Federal
   Bureau of Investigation (FBI) which states
   that: * * * no part of any appropriation
   contained in this Act (Pub. L. No. 97-12]
   nor any part of the appropriation contained
   in Public Law 96-536 for the Federal Bureau
   of Investigation, 'Salaries and Expenses'
   in excess of $35,218,000 shall be available
   for paying to the Administrator of the General
   Services Administration [GSA] the standard
   level user charge (SLUC] established pursuant
   to section 210(j) of the Federal Property and
   Administrative Services Act of 1949, as amended,
   for space and services, constitutes a limita-
   tion on the amount the FBI may reimburse to
   GSA for SLUC since no other funds are avail-
   able to the FBI for payment of SLUC for 1981
   other than those provided by the salaries
   and expenses appropriation under Pub. L.
   Nos. 97-12 and 96-536. B-186818, September 22,
   1976 and B-177610, September 3, 1976.

2. Action by the Congress in imposing ceiling on
   SLUC reimbursements by FBI late in the 1981
   fiscal year will be construed, in the absence
   of anything in the language of the limitation
   or its legislative history to the contrary,
   to be merely a limitation on the amount paid
   into the Federal Buildings Fund for the same
   level of SLUC operations and not an effort to
   force the FBI to cut back its requirements since
   with only one quarter of fiscal year remaining
   it would be difficult to effect economies without
   serious disruption of agency operations. Further-
   more, if the Congress intended to reduce the
   over-all level of operations of the FBI, more
   direct means could have been employed.


             I     I
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