A-56330, JULY 3, 1934, 14 COMP. GEN. 8

A-56330, JULY 3, 1934, 14 COMP. GEN. 8

COMPENSATION - ADMINISTRATIVE PROMOTIONS - GOVERNMENT PRINTING OFFICE THE SAVINGS ON AN ANNUAL BASIS TO BE AVAILABLE FOR PROMOTIONS DURING THE FISCAL YEAR 1935 MUST BE WITH RESPECT TO THE TOTAL AMOUNT APPROPRIATED FOR PERSONAL SERVICES FOR THE GOVERNMENT PRINTING OFFICE AND NOT MERELY IN THE AMOUNT ESTIMATED TO PAY THE SALARIES OF ONE PARTICULAR CLASS OF PERSONNEL, SUCH AS APPRENTICES.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JULY 3, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 25, 1934, AS FOLLOWS:

SECTION 24 OF PUBLIC ACT 141, 73D CONGRESS, PROVIDES:

"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 APPROPRIATED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1935.'"

THE ACT OF JUNE 7, 1924 (U.S.C., TITLE 44, SEC. 40), IS AUTHORITY FOR THE PUBLIC PRINTER TO EMPLOY NOT OVER 200 APPRENTICES AT ANY ONE TIME. JULY 1, 1934, 76 APPRENTICES WILL BE ON THE ROLL OF THIS OFFICE, AND IT IS PROPOSED TO LEAVE UNFILLED DURING THE FISCAL YEAR 1935 ONE HUNDRED AND TWENTY-FOUR VACANT POSITIONS IN APPRENTICE FORCE, AT A TOTAL YEARLY COMPENSATION OF $102,529.40.

THE APPLICABLE APPROPRIATION FOR THESE 124 POSITIONS, WERE THEY TO BE FILLED, IS THE APPROPRIATION FOR PUBLIC PRINTING AND BINDING, GOVERNMENT PRINTING OFFICE, FISCAL YEAR 1935 (PUBLIC 268, 73D CONGRESS), AND WHICH IS CREDITED THROUGHOUT THE YEAR WITH PAYMENTS FOR PRINTING AND BINDING FURNISHED VARIOUS BRANCHES OF THE GOVERNMENT.

SECTION 203 OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, CONTINUED IN FISCAL YEARS 1934 AND 1935, PROHIBITING FILLING OF VACANCIES AND IMPOUNDING FUNDS SAVED THEREBY, DOES NOT APPLY TO THE GOVERNMENT PRINTING OFFICE. (SEE DECISION OF COMPTROLLER GENERAL DATED AUGUST 9, 1932, A-43670.)

IN VIEW OF THESE FACTS, YOUR ADVICE IS REQUESTED AS TO WHETHER THE PUBLIC PRINTER IN HIS DISCRETION MAY MAKE ADMINISTRATIVE PROMOTIONS IN THE FISCAL YEAR 1935 TO THE EXTENT OF THE SAVINGS TO BE ACCOMPLISHED BY THE NONFILLING OF VACANCIES EXISTING IN OUR FORCE OF APPRENTICES, OR OTHER EMPLOYEES, ON JULY 1, 1934, OR THEREAFTER DURING THE FISCAL YEAR 1935, ALL SAVINGS AND PROMOTIONS BEING CALCULATED ON AN ANNUAL BASIS.

SHOULD SUCH PROMOTIONS BE PROPER, WHAT, IF ANY, INFORMATION WILL BE REQUIRED THEREFOR ON PAY ROLLS, OR OTHERWISE, WHEN ACCOUNTS ARE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE?

YOUR FIRST QUESTION MAY BE ANSWERED IN THE AFFIRMATIVE IF THE SAVINGS RESULTING FROM NONFILLING OF VACANCIES IN THE POSITIONS OF APPRENTICES ARE NOT NEEDED FOR PAYMENT OF OTHER SALARIES; THAT IS, THE SAVINGS, TO BE AVAILABLE FOR PROMOTIONS, MUST BE WITH RESPECT TO THE TOTAL AMOUNT APPROPRIATED FOR PERSONAL SERVICES FOR THE GOVERNMENT PRINTING OFFICE AND NOT MERELY IN THE AMOUNT ESTIMATED TO PAY THE SALARIES OF ONE PARTICULAR CLASS OF PERSONNEL, SUCH AS APPRENTICES. SEE DECISIONS OF JUNE 9, 1934, A -54807, AND JUNE 19, 1934, A-56038, 13 COMP. GEN. 419, 451.

THE MATTER REFERRED TO IN YOUR CONCLUDING PARAGRAPH WOULD APPEAR TO BE ANSWERED IN DECISION OF JULY 2, 1934, A-54807, 14 COMP. GEN. 1.