A-54807, JUNE 9, 1934, 13 COMP. GEN. 419

A-54807, JUNE 9, 1934, 13 COMP. GEN. 419

COMPENSATION - ADMINISTRATIVE PROMOTIONS THERE WILL BE AVAILABLE FOR GRANTING ADMINISTRATIVE PROMOTIONS DURING THE FISCAL YEAR 1935 UNDER THE PROVISIONS OF SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, SAVINGS REPRESENTING THE DIFFERENCE BETWEEN THE TOTAL AMOUNT APPROPRIATED OR APPORTIONED FOR PERSONAL SERVICES FOR A PARTICULAR OFFICE OR ACTIVITY AND THE AMOUNT NECESSARY TO PAY THE SALARIES FOR AN ENTIRE YEAR OF ALL POSITIONS WHETHER FILLED OR VACANT JULY 1, 1934; ALSO SAVINGS FROM NONFILLING OF VACANCIES IF IMPOUNDING BE WAIVED BY THE PRESIDENT AND FROM REDUCTIONS IN COMPENSATION AND ABSENCES WITHOUT PAY. IN DETERMINING TO WHAT EXTENT PROMOTIONS MAY BE MADE FROM SUCH SAVINGS THE AVAILABILITY IS TO BE CONSIDERED ON AN ANNUAL BASIS, THAT IS, PROMOTIONS ARE NOT AUTHORIZED TO SUCH AN EXTENT THAT THE ENTIRE COMMITMENTS AT ANY ONE TIME WOULD, WHEN CONSIDERED ON AN ANNUAL BASIS, EXCEED THE TOTAL AMOUNT APPROPRIATED OR APPORTIONED FOR THE PARTICULAR SERVICE FOR THE ENTIRE FISCAL YEAR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 9, 1934:

FURTHER REFERENCE IS MADE TO QUESTIONS 8 AND 9 IN YOUR LETTER OF APRIL 6, 1934, AS FOLLOWS:

8. YOUR DECISION OF JULY 12, 1932 (12 COMP. GEN. 20), TO THE SECRETARY OF THE NAVY, HELD THAT THE ADMINISTRATIVE REALLOCATION OF A FIELD POSITION UNDER THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, IS EXCLUSIVELY WITHIN ADMINISTRATIVE CONTROL, AND ANY SUCH REALLOCATION BASED ON SUBSTANTIALLY THE SAME DUTIES AND RESPONSIBILITIES AS OF JUNE 30, 1932, WHICH WOULD INCREASE THE SALARY RATE OF THE EMPLOYEE, MUST BE CONSIDERED AS AN ADMINISTRATIVE PROMOTION AND PROHIBITED DURING THE FISCAL YEAR 1933 UNDER THE TERMS OF SECTION 202 OF THE FIRST ECONOMY ACT OF JUNE 30, 1932. THIS PROVISION OF LAW WAS CONTINUED IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR 1934 BY SECTION 7 OF THE SECOND ECONOMY ACT OF MARCH 3, 1933, AND DURING THE FISCAL YEAR 1935 BY SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT OF MARCH 28, 1934.

IT IS PROVIDED IN SECTION 24 OF THE LATTER ACT AS FOLLOWS:

"NO PART OF THE APPROPRIATIONS MADE DURING THE SECOND SESSION OF THE SEVENTY-THIRD CONGRESS SHALL BE USED TO PAY ANY INCREASE IN SALARY OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA BY REASON OF THE REALLOCATION OF THE POSITION OF SUCH OFFICER OR EMPLOYEE TO A HIGHER GRADE AFTER JUNE 30, 1932, BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, AND SALARIES PAID ACCORDINGLY SHALL BE PAYMENT IN FULL.'

SECTION 24 OF THE LATTER ACT ALSO PROVIDES THAT---

"SECTION 7 (PROHIBITING ADMINISTRATIVE PROMOTIONS) OF THE TREASURY POST OFFICE APPROPRIATION ACT, FISCAL YEAR 1934, IS AMENDED BY ADDING AFTER THE FIRST PROVISO THEREOF A COLON AND THE FOLLOWING: "PROVIDED FURTHER, THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE DURING THE FISCAL YEAR 1935 TO THE EXTENT THAT FUNDS ARE AVAILABLE THEREFOR, ON AN ANNUAL BASIS, FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1935.'"

IN VIEW OF THE LAST QUOTED PROVISION OF LAW, MAY THE DEPARTMENT REALLOCATE POSITIONS IN GROUP IV (B) AND OTHER POSITIONS OF SIMILAR CHARACTER DURING THE FISCAL YEAR 1935, PROVIDED THERE ARE FUNDS AVAILABLE, ON AN ANNUAL BASIS, FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THAT FISCAL YEAR?

9. UNDER THE PROVISIONS OF THE AMENDED SECTION 7, ABOVE QUOTED, MAY PER DIEM LABORER (GROUP I), HELPERS AND APPRENTICES (GROUP II), MECHANICS (GROUP III), AND SUPERVISORY MECHANICS (GROUP IVA), IN THE FIELD SERVICE OF THE DEPARTMENT WITHIN AND WITHOUT THE CONTINENTAL LIMITS OF THE UNITED STATES AND PER DIEM AND NATIVE AND ORIENTAL EMPLOYEES OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES, PERFORMING SERVICE SIMILAR TO THAT PERFORMED BY GROUP IV (B) EMPLOYEES, BE ADMINISTRATIVELY PROMOTED, WITHIN THE PAY RANGE OF THEIR RESPECTIVE TRADES AND OCCUPATIONS AS FIXED IN THE SCHEDULE OF WAGES, UNDER THE PROVISIONS OF SECTION 24? APPRENTICES ARE ELIGIBLE FOR PROMOTION FROM A LOWER TO A HIGHER CLASS ONLY UPON COMPLETION OF THE REQUIRED COURSE OF INSTRUCTION AND TRAINING. IN VIEW OF THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED, PROHIBITING ADMINISTRATIVE PROMOTIONS, APPRENTICES HAVE NOT BEEN ADVANCED FROM CLASS TO CLASS, ALTHOUGH THEIR PRESCRIBED COURSE OF TRAINING HAS BEEN UNINTERRUPTED. EMPLOYEES IN GROUPS I, II, III, AND IV (A) ARE NOT PAID FROM "AMOUNTS APPORTIONED FOR PERSONAL SERVICES," BUT NATIVE AND ORIENTAL EMPLOYEES PERFORMING SERVICE SIMILAR TO THAT PERFORMED BY GROUP IV (B) EMPLOYEES ARE INCLUDED IN THE LIMITATIONS ON PAY OF GROUP IV (B) EMPLOYEES IN THE SEVERAL APPROPRIATIONS IN THE NAVAL ACT AND PAID FROM THE AMOUNTS SO LIMITED.

THE PURPOSE AND INTENT OF THAT PORTION OF SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, AMENDING SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, APPEARS TO BE TO PERMIT THE USE OF 1935 APPROPRIATIONS EXCLUSIVELY AVAILABLE FOR SALARY PAYMENTS, OR ADMINISTRATIVELY APPORTIONED FOR SALARY PAYMENTS ON AN ANNUAL BASIS FROM APPROPRIATION ITEMS AVAILABLE ALSO FOR OTHER PURPOSES, BY THE USE OF ANY SAVINGS THAT MAY BE MADE, ON AN ANNUAL BASIS, BY ADMINISTRATIVE ECONOMIES IN THE USE OF SUCH ANNUAL PERSONNEL APPROPRIATIONS OR ANNUAL ADMINISTRATIVE APPORTIONMENTS FOR PERSONNEL.

CONSEQUENTLY, AS A PREREQUISITE TO ANY SUCH ADMINISTRATIVE PROMOTIONS DURING THE FISCAL YEAR 1935, THERE MUST BE A SHOWING OF THE AMOUNT SPECIFICALLY APPROPRIATED OR APPORTIONED FOR PERSONAL SERVICES FOR THE PARTICULAR OFFICE OR ACTIVITY INVOLVED, AND A SHOWING AS TO THE AMOUNT THEREOF NECESSARY TO PAY THE SALARIES FOR AN ENTIRE YEAR OF ALL POSITIONS, WHETHER FILLED OR VACANT, EXISTING ON JULY 1, 1934. THE DIFFERENCE, IF ANY, BETWEEN SAID TWO AMOUNTS MAY BE REGARDED AS A SAVING AVAILABLE FOR PROMOTIONS WITHIN THE MEANING OF THE PROVISION IN QUESTION. LIKEWISE, ANY SAVINGS RESULTING FROM THE NONFILLING OF VACANCIES EXISTING ON JULY 1, 1934, OR WHICH MAY OCCUR DURING THE FISCAL YEAR, PROVIDED IMPOUNDING THEREOF BE WAIVED BY THE PRESIDENT, AND ANY SAVINGS RESULTING FROM REDUCTIONS IN SALARIES OR FROM ABSENCES WITHOUT PAY, WHETHER VOLUNTARY OR INVOLUNTARY, WILL BE AVAILABLE FOR SUCH PROMOTIONS. HOWEVER, IN DETERMINING TO WHAT EXTENT PROMOTIONS MAY BE MADE FROM SUCH SAVINGS, THE AVAILABILITY IS TO BE CONSIDERED ON AN ANNUAL BASIS. FOR INSTANCE, IF AT THE BEGINNING OF THE SECOND QUARTER THERE CAN BE SHOWN A SAVING IN A PARTICULAR OFFICE OF $1,200 FOR THE ENTIRE FISCAL YEAR, THAT ENTIRE AMOUNT MAY NOT BE EXPENDED IN PROMOTIONS FOR THE THREE REMAINING QUARTERS BY GIVING EIGHT PROMOTIONS OF $200 EACH EFFECTIVE OCTOBER 1, 1934. IN OTHER WORDS, PROMOTIONS ARE NOT AUTHORIZED TO SUCH AN EXTENT THAT THE ENTIRE COMMITMENTS AT ANY ONE TIME WOULD, WHEN CONSIDERED ON AN ANNUAL BASIS, EXCEED THE TOTAL AMOUNT APPROPRIATED OR APPORTIONED FOR THE PARTICULAR SERVICE FOR THE ENTIRE FISCAL YEAR.