A-39265, NOVEMBER 16, 1931, 11 COMP. GEN. 195

A-39265: Nov 16, 1931

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1931: RECEIPT IS ACKNOWLEDGED OF THE LETTER DATED SEPTEMBER 9. PROVISION IS MADE FOR VARIOUS ITEMS OF EXPENSES "AND SUCH OTHER MISCELLANEOUS EXPENSES AS THE PRESIDENT MAY THINK NECESSARY FOR THE SEVERAL CONSULATES AND CONSULAR AGENCIES IN THE TRANSACTION OF THEIR BUSINESS.'. IS APPARENT FROM THE FACT THAT IN THE SUCCEEDING PARAGRAPH OF THE ACT. " THERE IS A SPECIFIC REFERENCE BOTH TO CONSULATES AND TO CONSULAR AGENCIES. IT WAS HELD THAT THE PROVISION. IT APPEARS THAT EXPENDITURES FOR SUCH CLERK HIRE HAVE BEEN PASSED WITHOUT QUESTION FOR A NUMBER OF YEARS. NO OBJECTION WILL BE MADE BY THIS OFFICE TO THE CONTINUED USE OF THE APPROPRIATION FOR CLERK HIRE AT CONSULAR AGENCIES DURING THE PRESENT FISCAL YEAR.

A-39265, NOVEMBER 16, 1931, 11 COMP. GEN. 195

CONSULAR AGENCIES - CLERK HIRE IN VIEW OF THE PROVISIONS OF SEC. 1696, REVISED STATUTES, LIMITING ALLOWANCES FOR EXPENSES AT CONSULAR AGENCIES TO EXPENSES FOR STATIONERY AND POSTAGE, THE APPROPRIATION FOR CLERK HIRE AT CONSULATES FURNISHES NO AUTHORITY FOR CLERK HIRE AT CONSULAR AGENCIES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, NOVEMBER 16, 1931:

RECEIPT IS ACKNOWLEDGED OF THE LETTER DATED SEPTEMBER 9, 1931, FROM THE CHIEF, BUREAU OF ACCOUNTS, REQUESTING THE REMOVAL OF THE SUSPENSIONS OF CREDIT IN THE ACCOUNTS OF BERNARD GOTLIEB, FOREIGN SERVICE OFFICER AT WELLINGTON, NEW ZEALAND, FOR $60 PAID TO H. H. P. BALLANTYNE, CLERK AT THE CONSULAR AGENCY AT CHRIST CHURCH, FOR THE MONTH OF NOVEMBER, 1930. THE LETTER REFERRED TO STATES THAT THE DEPARTMENT AUTHORIZED THE EMPLOYMENT OF THIS CLERK AND GRANTED AN ALLOTMENT TO THE WELLINGTON OFFICE AT THE RATE OF $720 PER ANNUM TO COVER HIS SALARY UNDER THE APPROPRIATION ,ALLOWANCES FOR CLERKS AT CONSULATES.'

SECTION 1696, REVISED STATUTES, PROVIDES---

THE ONLY ALLOWANCE TO ANY VICE CONSULATE OR CONSULAR AGENCY FOR EXPENSES SHALL BE AN AMOUNT SUFFICIENT TO PAY FOR STATIONERY AND POSTAGE ON OFFICIAL LETTERS.

THE APPROPRIATION "ALLOWANCES FOR CLERK HIRE," ACT OF APRIL 18, 1930, 46 STAT. 176, PROVIDES---

FOR ALLOWANCE FOR CLERK HIRE AT CONSULATES, TO BE EXPENDED UNDER THE DIRECTION OF THE SECRETARY OF STATE, INCLUDING SALARY DURING TRANSIT TO AND FROM HOMES IN THE UNITED STATES UPON BEGINNING AND AFTER TERMINATION OF SERVICES, $1,853.266.

IN THE APPROPRIATION "CONTINGENT EXPENSES, UNITED STATES CONSULATES," IN THE SAME ACT, PROVISION IS MADE FOR VARIOUS ITEMS OF EXPENSES "AND SUCH OTHER MISCELLANEOUS EXPENSES AS THE PRESIDENT MAY THINK NECESSARY FOR THE SEVERAL CONSULATES AND CONSULAR AGENCIES IN THE TRANSACTION OF THEIR BUSINESS.' THE APPROPRIATION, SUPRA, FOR CLERK HIRE PROVIDES ONLY FOR CLERK HIRE AT CONSULATES. THAT THE CONGRESS IN USING THE TERM CONSULATES DID NOT CONTEMPLATE CONSULAR AGENCIES, ALSO, IS APPARENT FROM THE FACT THAT IN THE SUCCEEDING PARAGRAPH OF THE ACT, IN MAKING APPROPRIATION FOR "CONTINGENT EXPENSES, UNITED STATES CONSULATES," THERE IS A SPECIFIC REFERENCE BOTH TO CONSULATES AND TO CONSULAR AGENCIES. IN DECISION TO YOU NOVEMBER 9, 1912, IT WAS HELD THAT THE PROVISION, SUPRA, FROM THE CONTINGENT EXPENSE APPROPRIATION AMENDED THE PROVISION OF SECTION 1696, REVISED STATUTES, TO THE EXTENT OF EXPENDITURES AUTHORIZED UNDER THAT APPROPRIATION. HOWEVER, THIS FURNISHED NO AUTHORITY FOR THE PAYMENT OF CLERK HIRE AT CONSULAR AGENCIES UNDER THE APPROPRIATION FOR ALLOWANCES FOR CLERK HIRE AT UNITED STATES CONSULATES.

IT APPEARS THAT EXPENDITURES FOR SUCH CLERK HIRE HAVE BEEN PASSED WITHOUT QUESTION FOR A NUMBER OF YEARS, AND, IN VIEW THEREOF, NO OBJECTION WILL BE MADE BY THIS OFFICE TO THE CONTINUED USE OF THE APPROPRIATION FOR CLERK HIRE AT CONSULAR AGENCIES DURING THE PRESENT FISCAL YEAR. HOWEVER, PAYMENT FOR SUCH CLERK HIRE WILL NOT BE AUTHORIZED FOR ANY PERIOD AFTER JUNE 30, 1932, IN THE ABSENCE OF A SPECIFIC PROVISION THEREFOR IN THE APPROPRIATION, OR AN AMENDMENT TO SECTION 1696, REVISED STATUTES.