A-54308, MARCH 17, 1934, 13 COMP. GEN. 245

A-54308: Mar 17, 1934

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OR OTHER APPROPRIATION UNITS UNDER THE SAME DEPARTMENT IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT PROVIDED THERE IS NO INCREASE IN THE OBLIGATION AGAINST ANY OF THE SEPARATE PERSONNEL APPROPRIATIONS. WITHOUT THE SIMULTANEOUS FILLING OF THE POSITION FROM WHICH THE EMPLOYEE WAS TRANSFERRED. CREATES A VACANCY THE SALARY OF WHICH IS REQUIRED TO BE IMPOUNDED FROM THE DATE OF THE TRANSFER TO THE END OF THE FISCAL YEAR. AS FOLLOWS: THERE HAVE BEEN A NUMBER OF CASES IN THIS DEPARTMENT WHERE EMPLOYEES HAVE BEEN TRANSFERRED TO THE AGRICULTURAL ADJUSTMENT ADMINISTRATION AND OTHER BUREAUS OF THE DEPARTMENT.

A-54308, MARCH 17, 1934, 13 COMP. GEN. 245

ECONOMY ACT - FILLING OF VACANCIES BY TRANSFERS THE SIMULTANEOUS TRANSFER OF TWO OR MORE EMPLOYEES BETWEEN DIFFERENT BUREAUS, OFFICES, OR OTHER APPROPRIATION UNITS UNDER THE SAME DEPARTMENT IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT PROVIDED THERE IS NO INCREASE IN THE OBLIGATION AGAINST ANY OF THE SEPARATE PERSONNEL APPROPRIATIONS, NO INCREASE IN THE NUMBER OR IN THE SALARY RATES OF INDIVIDUAL EMPLOYEES OR POSITIONS, AND NO RESULTING VACANCY UNDER ANY OF THE SEPARATE PERSONNEL APPROPRIATIONS REQUIRING IMPOUNDING. THE TRANSFER OF AN EMPLOYEE FROM ONE BUREAU, OFFICE OR OTHER APPROPRIATION UNIT TO ANOTHER, EITHER UNDER CONDITIONS REQUIRING OR NOT REQUIRING THE APPROVAL OF THE PRESIDENT, WITHOUT THE SIMULTANEOUS FILLING OF THE POSITION FROM WHICH THE EMPLOYEE WAS TRANSFERRED, CREATES A VACANCY THE SALARY OF WHICH IS REQUIRED TO BE IMPOUNDED FROM THE DATE OF THE TRANSFER TO THE END OF THE FISCAL YEAR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MARCH 17, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 8, 1934, AS FOLLOWS:

THERE HAVE BEEN A NUMBER OF CASES IN THIS DEPARTMENT WHERE EMPLOYEES HAVE BEEN TRANSFERRED TO THE AGRICULTURAL ADJUSTMENT ADMINISTRATION AND OTHER BUREAUS OF THE DEPARTMENT. THESE TRANSFERS INVOLVE CHANGES IN GRADE WITHOUT CHANGES IN SALARY, DECREASES IN SALARIES, AND NO CHANGE IN EITHER GRADE OR SALARY.

DOUBT HAS ARISEN AS TO WHETHER FUNDS SHOULD BE IMPOUNDED FOR A VACANCY CAUSED BY A TRANSFER WITHIN THE DEPARTMENT BY TRANSFER FROM ONE BUREAU TO ANOTHER IN THE DEPARTMENT INCLUDING THE AGRICULTURAL ADJUSTMENT ADMINISTRATION WHEN NO INCREASE IN SALARY IS INVOLVED. THIS DOUBT ARISES BECAUSE SUCH A TRANSFER DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT, AND TAKING THE DEPARTMENT AS A WHOLE, DOES NOT CREATE A VACANCY AS THERE IS NEITHER INCREASE NOR DECREASE IN THE NUMBER OF EMPLOYEES.

HAVING IN MIND YOUR DECISION, 12 COMP. GEN. 477, IT IS REQUESTED THAT YOU ADVISE THIS DEPARTMENT WHETHER OR NOT TRANSFERS OF THE KIND IN QUESTION WOULD BE CONSIDERED AS DETAILS OR ASSIGNMENTS OR TRANSFERS TO NEW POSITIONS AND WOULD REQUIRE THAT THE FUNDS RESULTING FROM THE VACANCY BE IMPOUNDED BY THE BUREAU FROM WHICH THE TRANSFER IS MADE.

THE REQUIREMENTS OF SECTION 203 OF THE ECONOMY ACT, AS EXTENDED THROUGH THE FISCAL YEAR 1934, BY SECTION 4 (A) OF THE ACT OF MARCH 20, 1933, 48 STAT. 13, FOR PRESIDENTIAL APPROVAL OF THE FILLING OF VACANCIES AND FOR IMPOUNDING THE AMOUNT OF THE SALARY OF POSITIONS WHEN THEY BECOME VACANT, CONSTITUTE A RESTRICTION ON THE USES OF PERSONNEL "APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS.' HENCE, THE STATUTE IS FOR APPLICATION TO EACH SEPARATE BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT AND NOT ALONE TO THE DEPARTMENT AS A WHOLE.

DECISION OF AUGUST 2, 1932, 12 COMP. GEN. 158, 159, HELD AS FOLLOWS:

THE SIMULTANEOUS TRANSFER OF TWO EMPLOYEES UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, WHICH DOES NOT INVOLVE ANY INCREASED EXPENDITURE OF APPROPRIATED FUNDS PROVIDED FOR THE FISCAL YEAR 1933, IS NOT TO BE REGARDED AS THE FILLING OF VACANCIES WITHIN THE MEANING OF SECTION 203 OF THE ECONOMY ACT AND DOES NOT REQUIRE THE APPROVAL OF THE PRESIDENT. * * *

SEE, ALSO, 12 COMP. GEN. 142.

THE SAME PRINCIPLE MAY BE REGARDED AS APPLICABLE WHERE THERE IS A SIMULTANEOUS TRANSFER OF TWO OR MORE EMPLOYEES BETWEEN DIFFERENT BUREAUS, OFFICES, OR OTHER APPROPRIATION UNITS UNDER THE SAME DEPARTMENT PROVIDED THERE IS NO INCREASE IN THE OBLIGATION AGAINST ANY OF THE SEPARATE PERSONNEL APPROPRIATIONS, NO INCREASE IN THE NUMBER OR IN THE SALARY RATES OF INDIVIDUAL EMPLOYEES OR POSITIONS, AND NO RESULTING VACANCY UNDER ANY OF THE SEPARATE PERSONNEL APPROPRIATIONS REQUIRING IMPOUNDING. 12 COMP. GEN. 261; ID. 281.

HOWEVER, THE TRANSFER OF AN EMPLOYEE FROM ONE BUREAU, OFFICE OR OTHER APPROPRIATION UNIT TO ANOTHER, EITHER UNDER CONDITIONS REQUIRING OR NOT REQUIRING THE APPROVAL OF THE PRESIDENT, WITHOUT THE SIMULTANEOUS FILLING OF THE POSITION FROM WHICH THE EMPLOYEE WAS TRANSFERRED UNDER THE CONDITIONS ABOVE STATED, CREATES A VACANCY THE SALARY OF WHICH IS REQUIRED TO BE IMPOUNDED FROM THE DATE OF THE TRANSFER TO THE END OF THE FISCAL YEAR. 12 COMP. GEN. 477.