A-44129, AUGUST 26, 1932, 12 COMP. GEN. 287

A-44129: Aug 26, 1932

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ECONOMY ACT - STOREKEEPERS OF THE CUSTOMS SERVICE IF NO PART OF THE SALARY OF STOREKEEPERS IN THE CUSTOMS SERVICE IN CHARGE OF BONDED WAREHOUSES IS ULTIMATELY A CHARGE AGAINST FEDERAL FUNDS. IS ALL PAID FROM FUNDS COLLECTED FROM THE PROPRIETORS OF THE WAREHOUSES. THE PROVISIONS OF SECTION 203 OF THE ECONOMY ACT ARE NOT APPLICABLE THERETO AND NO IMPOUNDING OF THE COMPENSATION OF SUCH POSITIONS WHEN VACANT IS REQUIRED. THE SALARIES OF POSITIONS OF STOREKEEPER IN THE CUSTOMS SERVICE AT BONDED WAREHOUSES ARE PAID FROM THE CUSTOMS APPROPRIATION. ARE REIMBURSED TO THE GOVERNMENT BY THE PROPRIETORS OF THE WAREHOUSES AS PROVIDED IN SECTION 555 OF THE TARIFF ACT OF 1930. A DECISION IS REQUESTED AS TO WHETHER AN AMOUNT OF MONEY RESULTING FROM A VACANCY IN THE POSITION OF STOREKEEPER SHOULD BE IMPOUNDED FROM THE CUSTOMS APPROPRIATION AND RETURNED TO THE TREASURY.

A-44129, AUGUST 26, 1932, 12 COMP. GEN. 287

ECONOMY ACT - STOREKEEPERS OF THE CUSTOMS SERVICE IF NO PART OF THE SALARY OF STOREKEEPERS IN THE CUSTOMS SERVICE IN CHARGE OF BONDED WAREHOUSES IS ULTIMATELY A CHARGE AGAINST FEDERAL FUNDS, BUT IS ALL PAID FROM FUNDS COLLECTED FROM THE PROPRIETORS OF THE WAREHOUSES, THE PROVISIONS OF SECTION 203 OF THE ECONOMY ACT ARE NOT APPLICABLE THERETO AND NO IMPOUNDING OF THE COMPENSATION OF SUCH POSITIONS WHEN VACANT IS REQUIRED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 26, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 13, 1932, AS FOLLOWS:

SECTION 203, TITLE II, OF THE ACT OF CONGRESS APPROVED JUNE 30, 1932, PUBLIC NO. 212, COMMONLY KNOWN AS THE "ECONOMY ACT," PROVIDES:

"THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY THE OPERATION OF THIS SECTION SHALL NOT BE USED FOR ANY OTHER PURPOSES, BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY, * * *.'

THE SALARIES OF POSITIONS OF STOREKEEPER IN THE CUSTOMS SERVICE AT BONDED WAREHOUSES ARE PAID FROM THE CUSTOMS APPROPRIATION, BUT ARE REIMBURSED TO THE GOVERNMENT BY THE PROPRIETORS OF THE WAREHOUSES AS PROVIDED IN SECTION 555 OF THE TARIFF ACT OF 1930, AND COVERED BACK INTO THE CUSTOMS APPROPRIATION, RESULTING IN NO EXPENSE TO THE APPROPRIATION.

A DECISION IS REQUESTED AS TO WHETHER AN AMOUNT OF MONEY RESULTING FROM A VACANCY IN THE POSITION OF STOREKEEPER SHOULD BE IMPOUNDED FROM THE CUSTOMS APPROPRIATION AND RETURNED TO THE TREASURY.

BY DECISION OF JULY 16, 1932, A-43357, 12 COMP. GEN. 69, IT WAS HELD THAT STOREKEEPERS IN THE CUSTOMS SERVICE IN CHARGE OF BONDED WAREHOUSES WERE NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THOSE TERMS AS USED IN TITLE I OF THE ECONOMY ACT, AS THEIR SALARIES WERE NOT ULTIMATELY CHARGED AGAINST THE FEDERAL TREASURY, BUT AGAINST THE PROPRIETORS OF THE WAREHOUSES. IT WAS HELD, ALSO, IN THAT DECISION THAT SUCH EMPLOYEES WERE SUBJECT TO THE PROVISIONS OF SECTION 204, TITLE II, OF THE ACT WITH RESPECT TO THE COMPULSORY RETIREMENT FOR AGE, AS THEY WERE PERSONS RENDERING CIVILIAN SERVICE IN A BRANCH OF THE UNITED STATES GOVERNMENT; AND, ALSO, THAT THEY WERE EMPLOYEES IN A CIVIL BRANCH OF THE GOVERNMENT WITHIN THE PURVIEW OF SECTION 202 PROHIBITING ADMINISTRATIVE PROMOTIONS.

IN CONNECTION WITH THE FILLING OF VACANCIES DURING THE PRESENT FISCAL YEAR THERE IS FOR CONSIDERATION SECTION 203 OF THE ECONOMY ACT, 47 STAT. 403, WHICH PROVIDES:

NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA DURING THE FISCAL YEAR ENDING JUNE 30, 1933, SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1, 1932, OR TO ANY SUCH POSITION WHICH MAY BECOME VACANT AFTER SUCH DATE: PROVIDED, THAT THIS INHIBITION SHALL NOT APPLY (A) TO ABSOLUTELY ESSENTIAL POSITIONS THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES, (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS, OR (C) TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD. THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY THE OPERATION OF THIS SECTION SHALL NOT BE USED FOR ANY OTHER PURPOSES BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY, AND A REPORT OF ALL SUCH VACANCIES, THE NUMBER THEREOF FILLED, AND THE AMOUNTS UNEXPENDED, FOR THE PERIOD BETWEEN JULY 1, 1932, AND OCTOBER 31, 1932, SHALL BE SUBMITTED TO CONGRESS ON THE FIRST DAY OF THE NEXT REGULAR SESSION: PROVIDED, THAT SUCH IMPOUNDING OF FUNDS MAY BE WAIVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES IN CONNECTION WITH ANY APPROPRIATION OR PORTION OF APPROPRIATION, WHEN, IN HIS JUDGMENT, SUCH ACTION IS NECESSARY AND IN THE PUBLIC INTEREST.

IF, AS A MATTER OF FACT, NO PART OF THE SALARY OF ANY SUCH STOREKEEPERS IS ULTIMATELY A CHARGE AGAINST APPROPRIATED FUNDS, IT FOLLOWS THAT THE PROHIBITION IN SECTION 203, SUPRA, AGAINST THE USE OF ANY APPROPRIATION FOR THE COMPENSATION OF ANY INCUMBENT APPOINTED TO A CIVIL POSITION WHICH WAS VACANT ON JULY 1, 1932, OR BECOMES VACANT THEREAFTER, IS NOT APPLICABLE; AND, AS THE NONFILLING OF A VACANCY THE SALARY OF WHICH IS NOT PAID FROM APPROPRIATED FUNDS WOULD NOT RESULT IN ANY APPROPRIATION OR PORTION OF APPROPRIATION BEING UNEXPENDED, THERE WOULD BE NO IMPOUNDING REQUIRED IN THE CASE OF A VACANCY IN THE POSITION OF SUCH A STOREKEEPER.