B-106875, JANUARY 11, 1952, 31 COMP. GEN. 275

B-106875, JANUARY 11, 1952, 31 COMP. GEN. 275

APPROPRIATIONS - AVAILABILITY - BALANCES MERGED WITH FOLLOWING YEAR APPROPRIATION THE PERSONAL SERVICE LIMITATION ON THE APPROPRIATION FOR THE FEDERAL AID AIRPORT PROGRAM, FEDERAL AIRPORT ACT CONTAINED IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1952, IS APPLICABLE TO FUNDS CARRIED OVER FROM THE 1951 APPROPRIATION AND MERGED WITH FUNDS MADE AVAILABLE BY THE 1952 ACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, JANUARY 11, 1952:

REFERENCE IS MADE TO LETTER DATED DECEMBER 5, 1951, FROM THE ACTING SECRETARY OF COMMERCE REQUESTING DECISION AS TO WHETHER THE PERSONAL SERVICE LIMITATION ON THE APPROPRIATION " FEDERAL-AID AIRPORT PROGRAM, FEDERAL AIRPORT ACT" CONTAINED IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1952, APPROVED OCTOBER 22, 1951, PUBLIC LAW 188, 82D CONGRESS, APPLIES ONLY TO THE AMOUNT OF $2,700,000 MADE AVAILABLE THEREUNDER FOR NECESSARY PLANNING, RESEARCH, AND ADMINISTRATIVE EXPENSES, SO AS TO AUTHORIZE THE CONTINUED USE OF SIMILAR LIMITED FUNDS CARRIED OVER FROM THE FISCAL YEAR 1951 AND MERGED WITH THE 1952 APPROPRIATION UNDER THE PROVISO TO THE LATTER APPROPRIATION.

THE PERTINENT PART OF THE APPROPRIATION, 65 STAT. 589, IN QUESTION READS AS FOLLOWS:

(7) $2,700,000 SHALL BE AVAILABLE AS ONE FUND FOR NECESSARY PLANNING, RESEARCH, AND ADMINISTRATIVE EXPENSES; INCLUDING HIRE OF PASSENGER MOTOR VEHICLES; OF WHICH $2,700,000 NOT TO EXCEED $450,000 MAY BE TRANSFERRED TO THE APPROPRIATION " SALARIES AND EXPENSES, CIVIL AERONAUTICS ADMINISTRATION," TO PROVIDE FOR NECESSARY ADMINISTRATIVE EXPENSES, INCLUDING THE MAINTENANCE AND OPERATION OF AIRCRAFT, AND NOT TO EXCEED $1,937,447 SHALL BE AVAILABLE FOR PERSONAL SERVICES:PROVIDED, THAT THE APPROPRIATION UNDER THIS HEAD FOR THE NEXT PRECEDING FISCAL YEAR IS HEREBY MERGED WITH THIS APPROPRIATION AND THE CONTRACT AUTHORIZATION HERETOFORE GRANTED FOR THE FOREGOING PURPOSES MAY HEREAFTER BE ACCOUNTED FOR UNDER THIS HEAD.

THE ACTING SECRETARY'S LETTER OF DECEMBER 5, CONTENDS THAT THE LANGUAGE OF THE ABOVE-QUOTED APPROPRIATION WHICH STATES THAT "NOT TO EXCEED $1,937,447 SHALL BE AVAILABLE FOR PERSONAL SERVICES" APPLIES ONLY TO THE PARTICULAR AMOUNT OF $2,700,000 PROVIDED IN THE 1952 ACT FOR PLANNING, RESEARCH, AND ADMINISTRATIVE EXPENSES, AND NOT TO THE SIMILAR FUNDS CARRIED OVER FROM A FISCAL YEAR 1951 AND MERGED WITH SAID $2,700,000 BY THE PROVISO TO THE INVOLVED APPROPRIATION, UPON THE PREMISE THAT THE SOLE PURPOSE OF THE MERGER PROVISION IS TO SIMPLIFY ACCOUNTING OPERATIONS AND WAS NOT INTENDED TO PREVENT THE USE OF THE CARRY-OVER FUNDS FOR PERSONAL SERVICES. ALSO THE LETTER POINTS OUT THAT THE SENATE AND HOUSE COMMITTEES ON APPROPRIATIONS WERE AWARE OF THE CARRY-OVER FEATURE INCLUDING THE ABOVE STATED PURPOSE OF THE MERGER PROVISION AS SHOWN IN THE HOUSE HEARINGS STARTING AT PAGE 260 AND THE SENATE HEARINGS STARTING AT PAGE 551, ON THE DEPARTMENT OF COMMERCE APPROPRIATION BILL, 1952.

WHILE IT APPEARS THAT THE PRIMARY PURPOSE OF THE MERGER PROVISION IN QUESTION IS TO SIMPLIFY ACCOUNTING, SAID PROVISION ALSO EFFECTIVELY MERGED THE FUNDS CARRIED OVER FROM THE FISCAL YEAR 1951 WITH THE NEW FUNDS MADE AVAILABLE IN THE 1952 ACT SO THAT THE AGGREGATE AMOUNT OF THE OLD AND NEW FUNDS WAS MADE SUBJECT TO THE TERMS AND CONDITIONS, INCLUDING ANY LIMITATIONS ON NAMED OBJECTS, SPECIFIED IN THE LANGUAGE OF THE MERGED APPROPRIATIONS. THAT THIS WAS SO INTENDED IS EVIDENCED BY THE STATEMENT FOUND AT THE BOTTOM OF PAGE 260 OF THE HOUSE HEARINGS, AS FOLLOWS:

MR. ROONEY. WILL YOU LOOK AT THE BOTTOM OF PAGE 45 AND THE TOP OF 46, WHERE YOU WILL SEE THIS LANGUAGE:

AND $3,000,000 SHALL BE AVAILABLE AS ONE FUND FOR NECESSARY PLANNING, RESEARCH, AND ADMINISTRATIVE EXPENSES, INCLUDING HIRE OF PASSENGER MOTOR VEHICLES, OF WHICH $3,000,000 NOT TO EXCEED $560,000 MAY BE TRANSFERRED TO THE APPROPRIATION " SALARIES AND EXPENSES, CIVIL AERONAUTICS ADMINISTRATION.'

WHAT DOES THAT LANGUAGE MEAN?

MR. SCHULER. IT MEANS OF THE $3,000,000 REQUESTED TO BE APPROPRIATED FOR THE FISCAL YEAR 1952, WHICH IS MERGED WITH PRIOR BALANCES, $560,000 MAY BE TRANSFERRED TO " SALARIES AND EXPENSES.' ( ITALICS ADDED.) WHAT WAS SAID THERE IS EQUALLY APPLICABLE TO THE PERSONAL SERVICE LIMITATION OF $1,937,447 WHICH LATER WAS INCORPORATED IN THE INVOLVED LANGUAGE.

IN THE LIGHT OF THE FOREGOING AND OF THE KNOWN LEGISLATIVE POLICY TO RESTRICT PERSONNEL CEILINGS TO THE MINIMUM REQUIREMENTS, I AM OF THE OPINION THAT THE LEGISLATIVE INTENT WAS TO LIMIT OBLIGATIONS FOR PERSONAL SERVICES UNDER THE TOTAL AMOUNT OF THE APPROPRIATION AVAILABLE FOR PLANNING, RESEARCH AND ADMINISTRATIVE EXPENSES OF THE FEDERAL-AID AIRPORT PROGRAM DURING THE FISCAL YEAR 1952 TO THE AMOUNT SPECIFIED FOR THAT PURPOSE IN THE DEPARTMENT OF COMMERCE APPROPRIATION ACT, 1952.

AS STATED IN DECISION OF JUNE 8, 1951, B-103726, 30 COMP. GEN. 500 TO THE ACTING CHAIRMAN, NATIONAL PARK AND PLANNING COMMISSION, INVOLVING A SOMEWHAT SIMILAR QUESTION, IF IT WERE TO BE HELD THAT THE CONGRESS INTENDED TO PLACE A LIMITATION ONLY UPON A PARTICULAR APPROPRIATION, THAT IS, A SEGMENT OF ALL THE FUNDS AUTHORIZED TO BE APPROPRIATED FOR PLANNING, RESEARCH, AND ADMINISTRATIVE EXPENSES OF THE PROGRAM IN QUESTION, AN ABSURD RESULT COULD ENSUE. UNDER SUCH A HOLDING, IF ANY BALANCES OF FUNDS APPROPRIATED IN PRIOR APPROPRIATION ACTS REMAINED UNEXPENDED AND UNOBLIGATED AND WERE NOT SUBJECT TO ANY LIMITATION FOR PERSONAL SERVICES, THE WHOLE OR ANY PART THEREOF COULD BE USED FOR SUCH SERVICES, LIMITED ONLY BY THE BALANCE REMAINING, THUS NULLIFYING THE SPECIFIC LIMITATION IMPOSED BY THE CONGRESS ON EXPENDITURES FOR SUCH SERVICES.

ACCORDINGLY, YOU ARE ADVISED THAT THE RULE LAID DOWN IN THE DECISION OF JUNE 8 IS EQUALLY APPLICABLE TO THE APPROPRIATION HERE IN QUESTION, NOTWITHSTANDING THE FACT THAT IT IS A MULTIPLE YEAR APPROPRIATION INSTEAD OF A NO YEAR APPROPRIATION AS WAS THERE INVOLVED, AND THAT THE AMOUNTS AVAILABLE THEREUNDER FOR PERSONAL SERVICE DURING THE FISCAL YEAR 1952 ARE LIMITED TO THE AMOUNTS SPECIFIED FOR THAT PURPOSE IN THE 1952 APPROPRIATION ACT. SEE ALSO DECISIONS DATED NOVEMBER 29, 1951, B 105695 TO THE CHAIRMAN, THE AMERICAN BATTLE MONUMENTS COMMISSION AND DECEMBER 10, 1951, B-106306 TO YOU.