A-43255, JULY 16, 1932, 12 COMP. GEN. 60

A-43255: Jul 16, 1932

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THAT AMOUNT IS CONTROLLING OF THE AMOUNT AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSE DURING THE FISCAL YEAR 1933 IN VIEW OF THE SPECIFIC PROVISIONS IN SECTION 803 OF SAID ACT. 000 FOR THE PURPOSE WAS MADE IN THE APPROPRIATION ACT OF JUNE 30. AS FOLLOWS: YOUR ATTENTION IS CALLED TO SECTION 318. IN SECTION (C) THE AMOUNT AUTHORIZED TO BE APPROPRIATED TO THE TERRITORY OF HAWAII WAS REDUCED FROM $30. IT IS MY UNDERSTANDING THAT BOTH ACTS WERE SIGNED ON JUNE 30. 000 WHICH WAS APPROPRIATED. AN EARLY REPLY TO THIS QUESTION WILL BE APPRECIATED. IT IS PROVIDED THAT FOR THE FISCAL YEAR ENDING JUNE 30. IN VIEW OF SUCH SPECIFIC ENACTMENT AND THE FACT THAT PUBLIC NO. 212 AND PUBLIC NO. 228 WERE PENDING BEFORE THE CONGRESS AT THE SAME TIME.

A-43255, JULY 16, 1932, 12 COMP. GEN. 60

ECONOMY ACT - APPROPRIATIONS - VOCATIONAL REHABILITATION IN HAWAII UNDER SECTION 318 (C) OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 412, PROVIDING THAT THE AMOUNT AUTHORIZED TO BE APPROPRIATED AND EXPENDED FOR 1933 FOR VOCATIONAL REHABILITATION IN HAWAII SHALL BE $27,000, THAT AMOUNT IS CONTROLLING OF THE AMOUNT AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSE DURING THE FISCAL YEAR 1933 IN VIEW OF THE SPECIFIC PROVISIONS IN SECTION 803 OF SAID ACT, NOTWITHSTANDING AN APPROPRIATION OF $30,000 FOR THE PURPOSE WAS MADE IN THE APPROPRIATION ACT OF JUNE 30, 1932, 47 STAT. 457.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION, JULY 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 6, 1932, AS FOLLOWS:

YOUR ATTENTION IS CALLED TO SECTION 318, PAGE 33, OF PUB. NO. 212 72D CONGRESS, AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1933, AND FOR OTHER PURPOSES.

IN SECTION (C) THE AMOUNT AUTHORIZED TO BE APPROPRIATED TO THE TERRITORY OF HAWAII WAS REDUCED FROM $30,000 TO $27,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1933.

THERE SEEMS TO BE A CONFLICT WITH THIS AUTHORIZATION IN H.R. 10022, MAKING APPROPRIATIONS FOR THE EXECUTIVE OFFICE AND SUNDRY INDEPENDENT EXECUTIVE BUREAUS, AS IT FINALLY PASSED CONGRESS (PRINTED COPY NOT YET AVAILABLE), WHICH, ON PAGE 14, LINE 8, APPROPRIATES TO THE TERRITORY OF HAWAII THE SUM OF $30,000.

IT IS MY UNDERSTANDING THAT BOTH ACTS WERE SIGNED ON JUNE 30, AND THE QUESTION HAS ARISEN WHETHER, IN PREPARING THE CERTIFICATES OF ALLOTMENT TO THE TERRITORY OF HAWAII FOR THE FISCAL YEAR 1933, THE FEDERAL BOARD SHOULD CERTIFY THE AMOUNT OF $27,000 AUTHORIZED OR THE AMOUNT OF $30,000 WHICH WAS APPROPRIATED.

AN EARLY REPLY TO THIS QUESTION WILL BE APPRECIATED.

IN SECTION 318 (C) OF PART II OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 412, IT IS PROVIDED THAT FOR THE FISCAL YEAR ENDING JUNE 30, 1933, THE AMOUNT AUTHORIZED TO BE APPROPRIATED UNDER SECTION 4 OF THE ACT OF MARCH 10, 1924, EXTENDING THE PROVISIONS OF CERTAIN LAWS TO THE TERRITORY OF HAWAII, SHALL BE $27,000. IN VIEW OF SUCH SPECIFIC ENACTMENT AND THE FACT THAT PUBLIC NO. 212 AND PUBLIC NO. 228 WERE PENDING BEFORE THE CONGRESS AT THE SAME TIME, THERE WOULD BE NO AUTHORITY TO CONSIDER THAT THE FAILURE TO REDUCE THE AMOUNT FROM $30,000 TO $27,000 IN PUBLIC NO. 228 NULLIFIED THE PROVISION IN PUBLIC NO. 212. IN THIS CONNECTION ATTENTION IS INVITED TO THE PROVISIONS OF SECTION 803 OF PUBLIC NO. 222 TO THE EFFECT THAT THE PROVISIONS OF PART II THEREOF ARE MADE APPLICABLE TO THE APPROPRIATIONS AVAILABLE FOR THE FISCAL YEAR 1933 WHETHER CONTAINED IN SUCH ACT OR IN ACTS PRIOR OR SUBSEQUENT TO THE DATE OF THE APPROVAL OF SAID ACT. THE EVIDENT PURPOSE OF THIS SECTION IS IN THE EVENT OF CONFLICT BETWEEN THE ECONOMY PROVISIONS IN THE SAID ACT AND PROVISIONS IN ANY APPROPRIATION ACT FOR THE FISCAL YEAR 1933 THE ECONOMY PROVISIONS ARE TO BE CONTROLLING.

ACCORDINGLY, IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED BY YOU, I HAVE TO ADVISE THAT IN PREPARING THE CERTIFICATES OF ALLOTMENT FOR THE TERRITORY OF HAWAII FOR THE FISCAL YEAR 1933 THE CERTIFICATION OF FEDERAL BOARD FOR VOCATIONAL EDUCATION SHOULD BE ON THE BASIS OF $27,000 AND NOT $30,000.