A-33029, AUGUST 25, 1930, 10 COMP. GEN. 90

A-33029: Aug 25, 1930

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IS RESTRICTED BY THE ACT TO "THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR. WHERE NO APPROPRIATIONS HAVE BEEN MADE SINCE THE PASSAGE OF THAT ACT TO ENABLE A SERVICE TO MEET THE EXPENSES OF FURNISHING QUARTERS TO SUCH EMPLOYEES. A GENERAL APPROPRIATION FOR EXPENSES IS NOT AVAILABLE THEREFOR. AS FOLLOWS: THERE IS ATTACHED HERETO A COPY OF THE ACT OF JUNE 26. IS DIRECTLY APPLICABLE TO EMPLOYEES OF THE CUSTOMS FOREIGN SERVICE OF THIS DEPARTMENT. IN THE FIRST PROVISO OF THIS ACT IT IS STATED "THAT SAID RENTED QUARTERS OR ALLOWANCES IN LIEU THEREOF MAY BE FURNISHED ONLY WITHIN THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR. " AND THE STATEMENT FOLLOWS: "WHICH APPROPRIATIONS ARE HEREBY AUTHORIZED.'.

A-33029, AUGUST 25, 1930, 10 COMP. GEN. 90

COMPENSATION - ALLOWANCES - CIVILIAN EMPLOYEES IN FOREIGN COUNTRIES THE AUTHORITY IN THE ACT OF JUNE 26, 1930, 46 STAT. 818, TO FURNISH QUARTERS, INCLUDING HEAT, FUEL, AND LIGHT, OR AN ALLOWANCE IN LIEU THEREOF, IS RESTRICTED BY THE ACT TO "THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR," WHICH CONTEMPLATES A SPECIFIC APPROPRIATION FOR QUARTERS. WHERE NO APPROPRIATIONS HAVE BEEN MADE SINCE THE PASSAGE OF THAT ACT TO ENABLE A SERVICE TO MEET THE EXPENSES OF FURNISHING QUARTERS TO SUCH EMPLOYEES, A GENERAL APPROPRIATION FOR EXPENSES IS NOT AVAILABLE THEREFOR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 25, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 14, 1930, AS FOLLOWS:

THERE IS ATTACHED HERETO A COPY OF THE ACT OF JUNE 26, 1930, WHICH PROVIDES FOR LIVING QUARTERS, INCLUDING HEAT, FUEL, AND LIGHT, OR AN ALLOWANCE IN LIEU THEREOF, FOR CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT STATIONED IN FOREIGN COUNTRIES, AND IS DIRECTLY APPLICABLE TO EMPLOYEES OF THE CUSTOMS FOREIGN SERVICE OF THIS DEPARTMENT.

IN THE FIRST PROVISO OF THIS ACT IT IS STATED "THAT SAID RENTED QUARTERS OR ALLOWANCES IN LIEU THEREOF MAY BE FURNISHED ONLY WITHIN THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR," AND THE STATEMENT FOLLOWS: "WHICH APPROPRIATIONS ARE HEREBY AUTHORIZED.'

IN THE ABOVE CONNECTION IT MAY BE STATED THAT A SUPPLEMENTAL ESTIMATE OF $50,000 WAS INSERTED IN THE LAST DEFICIENCY BILL TO MEET THE ABOVE EXPENSES, BUT IT WAS ELIMINATED FOR THE REASON THAT THE BILL PROVIDING LIVING QUARTERS, ETC., FOR CIVILIAN OFFICERS AND EMPLOYEES ABROAD HAD NOT AT THAT TIME BEEN ENACTED.

BEFORE TAKING FINAL ACTION TOWARD THE PROMULGATION OF REGULATIONS FOR CARRYING INTO EFFECT THE PROVISIONS OF THIS ACT, THIS DEPARTMENT DESIRES YOUR OPINION AS TO WHETHER THE GENERAL FUNDS OF THE APPROPRIATION "COLLECTING THE REVENUE FROM CUSTOMS, 1931" ARE AVAILABLE FOR EXPENDITURES IN THIS CONNECTION.

THE AUTHORITY TO FURNISH QUARTERS TO CIVILIAN OFFICERS AND EMPLOYEES PERMANENTLY STATIONED IN FOREIGN COUNTRIES IS RESTRICTED BY THE ACT OF JUNE 26, 1930, 46 STAT. 818, TO "THE LIMITS OF SUCH APPROPRIATIONS AS MAY BE MADE THEREFOR," WHICH CONTEMPLATES A SPECIFIC APPROPRIATION FOR QUARTERS. NO APPROPRIATIONS HAVE BEEN MADE SINCE THE PASSAGE OF THAT ACT TO ENABLE THE DEPARTMENT OF THE TREASURY TO MEET THE EXPENSE OF FURNISHING QUARTERS TO FOREIGN EMPLOYEES. ACCORDINGLY, IT MUST BE HELD THAT THE GENERAL APPROPRIATION FOR "COLLECTING THE REVENUE FROM CUSTOMS," ACT OF MAY 15, 1930, 46 STAT. 339, IS NOT AVAILABLE THEREFOR.