A-43819, AUGUST 9, 1932, 12 COMP. GEN. 220

A-43819: Aug 9, 1932

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ECONOMY ACT - EMPLOYEES PAID FROM DONATED FUNDS - NATIONAL PARK SERVICE ANY EMPLOYEES IN THE NATIONAL PARK SERVICE WHOSE SALARY IS PAID ENTIRELY FROM DONATED FUNDS ARE NOT SUBJECT TO THE COMPENSATION REDUCTION PROVIDED IN TITLE I OF THE ECONOMY ACT. IF EMPLOYEES' SALARIES ARE NOT PAID WHOLLY FROM DONATED FUNDS. OR IF THE FUNDS ARE DONATED MERELY AS A CONTRIBUTION TOWARD ACCOMPLISHMENT OF A WORK OR PROJECT ON WHICH APPROPRIATED MONEYS ARE ALSO TO BE USED. SUCH EMPLOYEES ARE SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE I. THE FOLLOWING IS SUBMITTED FOR YOUR DECISION: IN THE CASE OF MONEYS DONATED FOR A SPECIFIC PURPOSE AND WHERE EMPLOYEES ARE PAID FROM SUCH DONATIONS. IT IS OUR UNDERSTANDING THAT IT IS NOT NECESSARY TO IMPOUND ANY OF THESE DONATIONS DUE TO THE FACT THAT THIS MONEY WAS NOT APPROPRIATED FROM GOVERNMENT FUNDS.

A-43819, AUGUST 9, 1932, 12 COMP. GEN. 220

ECONOMY ACT - EMPLOYEES PAID FROM DONATED FUNDS - NATIONAL PARK SERVICE ANY EMPLOYEES IN THE NATIONAL PARK SERVICE WHOSE SALARY IS PAID ENTIRELY FROM DONATED FUNDS ARE NOT SUBJECT TO THE COMPENSATION REDUCTION PROVIDED IN TITLE I OF THE ECONOMY ACT, BUT IF EMPLOYEES' SALARIES ARE NOT PAID WHOLLY FROM DONATED FUNDS, OR IF THE FUNDS ARE DONATED MERELY AS A CONTRIBUTION TOWARD ACCOMPLISHMENT OF A WORK OR PROJECT ON WHICH APPROPRIATED MONEYS ARE ALSO TO BE USED, SUCH EMPLOYEES ARE SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE I.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF INTERIOR, AUGUST 9, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 3, 1932, AS FOLLOWS:

IN CONNECTION WITH PART II OF PUBLIC ACT NO. 212, APPROVED JUNE 30, 1932, THE FOLLOWING IS SUBMITTED FOR YOUR DECISION:

IN THE CASE OF MONEYS DONATED FOR A SPECIFIC PURPOSE AND WHERE EMPLOYEES ARE PAID FROM SUCH DONATIONS, IT IS OUR UNDERSTANDING THAT IT IS NOT NECESSARY TO IMPOUND ANY OF THESE DONATIONS DUE TO THE FACT THAT THIS MONEY WAS NOT APPROPRIATED FROM GOVERNMENT FUNDS. IN THE CASE OF DONATIONS FOR THE ACCOMPLISHMENT OF SPECIFIC OBJECT ANY UNEXPENDED BALANCE ORDINARILY MUST BE RETURNED TO THE DONOR.

IN CONNECTION WITH THE PRECEDING PARAGRAPH PARTICULAR REFERENCE IS HAD TO DONATIONS FOR THE BENEFIT OF THE NATIONAL PARK SERVICE WHICH ARE COVERED INTO THE TREASURY AS "MISCELLANEOUS RECEIPTS 4890, DONATIONS TO NATIONAL PARK SERVICE," AND SUBSEQUENTLY TRANSFERRED TO THE TITLE ,4S470, NATIONAL PARK SERVICE DONATIONS," FOR EXPENDITURE FOR THE SPECIFIC PURPOSE OF THE DONATIONS.

YOUR COMMENTS AND DECISION ON THE ABOVE WOULD BE GREATLY APPRECIATED AT THE EARLIEST PRACTICABLE DATE.

THE ACT OF JUNE 5, 1920, 41 STAT. 917, AUTHORIZES THE SECRETARY OF THE INTERIOR TO ACCEPT DONATIONS OF LAND AND OF MONEY FOR NATIONAL PARK PURPOSES. SECTION 104 (A) (7) OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 400, EXEMPTS FROM THE PROVISIONS OF TITLE I OF THE ECONOMY ACT PUBLIC OFFICERS AND EMPLOYEES WHOSE COMPENSATION IS NOT PAID FROM THE FEDERAL TREASURY. ACCORDINGLY, IF THERE ARE ANY EMPLOYEES IN THE NATIONAL PARK SERVICE WHOSE SALARY IS PAID ENTIRELY FROM DONATED FUNDS, SUCH EMPLOYEES WOULD NOT BE SUBJECT TO THE COMPENSATION REDUCTION PROVIDED IN TITLE I OF THE ECONOMY ACT. A 43369, JULY 20, 1932, 12 COMP. GEN. 90. HOWEVER, IF EMPLOYEES' SALARIES ARE NOT PAID WHOLLY FROM DONATED FUNDS, OR IF THE FUNDS ARE DONATED MERELY AS A CONTRIBUTION TOWARD THE ACCOMPLISHMENT OF A WORK OR PROJECT ON WHICH APPROPRIATED MONEYS, ALSO, ARE TO BE USED, SO THAT THE DONATION SERVES TO AUGMENT THE APPROPRIATION OUT OF WHICH THE SALARIES ORDINARILY ARE PAID, IT COULD NOT BE SAID THAT SUCH EMPLOYEES ARE NOT PAID FROM THE FEDERAL TREASURY; HENCE, THEY WOULD BE SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE I OF THE ECONOMY ACT.