A-55708, JUNE 13, 1934, 13 COMP. GEN. 427

A-55708: Jun 13, 1934

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ECONOMY ACT - REORGANIZATION - IMPOUNDING WHERE TWO OR MORE SERVICES HAVE BEEN UNITED BY EXECUTIVE ORDER UNDER THE REORGANIZATION PLAN. ALL AMOUNTS REQUIRED TO BE IMPOUNDED AFTER SUCH REORGANIZATION FROM VACANCIES AND/OR PERCENTAGE REDUCTIONS IN COMPENSATION ARE CHARGEABLE TO THE APPROPRIATION AVAILABLE FOR THE COMBINED SERVICE AND NOT TO SUCH PORTIONS OF THE APPROPRIATIONS PREVIOUSLY AVAILABLE FOR THE SEPARATE UNITS AS WERE NOT TRANSFERRED AND MADE AVAILABLE FOR THE COMBINED SERVICE. - "THE BUREAUS OF IMMIGRATION AND OF NATURALIZATION OF THE DEPARTMENT OF LABOR ARE CONSOLIDATED AS AN IMMIGRATION AND NATURALIZATION SERVICE OF THE DEPARTMENT OF LABOR. ALL OF THE FUNCTIONS OF WHICH ARE TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER AGENCY.

A-55708, JUNE 13, 1934, 13 COMP. GEN. 427

ECONOMY ACT - REORGANIZATION - IMPOUNDING WHERE TWO OR MORE SERVICES HAVE BEEN UNITED BY EXECUTIVE ORDER UNDER THE REORGANIZATION PLAN, ALL AMOUNTS REQUIRED TO BE IMPOUNDED AFTER SUCH REORGANIZATION FROM VACANCIES AND/OR PERCENTAGE REDUCTIONS IN COMPENSATION ARE CHARGEABLE TO THE APPROPRIATION AVAILABLE FOR THE COMBINED SERVICE AND NOT TO SUCH PORTIONS OF THE APPROPRIATIONS PREVIOUSLY AVAILABLE FOR THE SEPARATE UNITS AS WERE NOT TRANSFERRED AND MADE AVAILABLE FOR THE COMBINED SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, JUNE 13, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 17, 1934, AS FOLLOWS:

THE EXECUTIVE ORDER OF JUNE 10, 1933 (NO. 6166), CONTAINS THE FOLLOWING PROVISIONS:

SECTION 14.--- "THE BUREAUS OF IMMIGRATION AND OF NATURALIZATION OF THE DEPARTMENT OF LABOR ARE CONSOLIDATED AS AN IMMIGRATION AND NATURALIZATION SERVICE OF THE DEPARTMENT OF LABOR, AT THE HEAD OF WHICH SHALL BE A COMMISSIONER OF IMMIGRATION AND NATURALIZATION.'

SECTION 19.--- "EACH AGENCY, ALL OF THE FUNCTIONS OF WHICH ARE TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER AGENCY, IS ABOLISHED.'

"ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE SEPARATED FROM THE SERVICE OF THE UNITED STATES, EXCEPT THAT THE HEAD OF ANY SUCCESSOR AGENCY, SUBJECT TO MY APPROVAL, MAY, WITHIN A PERIOD OF FOUR MONTHS AFTER TRANSFER OR CONSOLIDATION, REAPPOINT ANY OF SUCH PERSONNEL REQUIRED FOR THE WORK OF THE SUCCESSOR AGENCY WITHOUT REEXAMINATION OR LOSS OF CIVIL-SERVICE STATUS.'

SECTION 20.--- "SUCH PORTIONS OF THE UNEXPENDED BALANCES OF APPROPRIATIONS FOR ANY ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE TRANSFERRED TO THE SUCCESSOR AGENCY AS THE DIRECTOR OF THE BUDGET SHALL DEEM NECESSARY.

"UNEXPENDED BALANCES OF APPROPRIATIONS FOR AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF, NOT SO TRANSFERRED BY THE DIRECTOR OF THE BUDGET, SHALL, IN ACCORDANCE WITH LAW, BE IMPOUNDED AND RETURNED TO THE TREASURY.'

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER OF JUNE 10, ALL OF THE PERSONNEL OF THE FORMER BUREAUS OF IMMIGRATION OF NATURALIZATION WAS SEPARATED FROM THE SERVICE OF THE UNITED STATES, EFFECTIVE AT THE CLOSE OF BUSINESS AUGUST 9, 1933. PRACTICALLY ALL EMPLOYEES OF SAID BUREAUS WERE TEMPORARILY APPOINTED TO THE NEWLY CREATED IMMIGRATION AND NATURALIZATION SERVICE, EFFECTIVE AUGUST 10, 1933, A NUMBER OF THE APPOINTMENTS BEING FOR A PERIOD OF TEN DAYS AND THE REMAINDER FOR PERIOD NOT EXCEEDING FOUR MONTHS. THE EMPLOYEES WHO WERE APPOINTED FOR TEN DAYS WERE DROPPED AT THE CLOSE OF THAT PERIOD. SOME OF THE EMPLOYEES WHO WERE APPOINTED FOR NOT TO EXCEED FOUR MONTHS WERE GIVEN ABSOLUTE APPOINTMENTS DURING THAT PERIOD; SOME OF THEM WERE DROPPED FROM THE SERVICE, AND THE TEMPORARY APPOINTMENTS OF THE OTHERS WERE EXTENDED FOR A FURTHER PERIOD NOT EXCEEDING SIX MONTHS FROM DECEMBER 10, 1933. LIKEWISE A NUMBER OF THE EMPLOYEES WHO WERE GIVEN TEMPORARY APPOINTMENTS FOR A PERIOD NOT EXCEEDING SIX MONTHS FROM DECEMBER 10, 1933, WERE DROPPED FROM THE SERVICE DURING THAT PERIOD, AND OTHERS WERE GIVEN ABSOLUTE APPOINTMENTS. THE TEMPORARY APPOINTMENTS MENTIONED HEREIN WERE MADE BY THE SECRETARY OF LABOR, WITH THE APPROVAL OF THE PRESIDENT AND THE CIVIL SERVICE COMMISSION.

THE APPROPRIATION "SALARIES AND EXPENSES, BUREAU OF IMMIGRATION, 1934," SYMBOL NO. 64801, WAS IN THE AMOUNT OF $9,444,000, AND THE APPROPRIATION "SALARIES AND EXPENSES, BUREAU OF NATURALIZATION, 1934," SYMBOL NO. 64831, WAS IN THE AMOUNT OF $890,000, MAKING A TOTAL FOR THE TWO BUREAUS OF $10,334,000.

DURING THE PERIOD JULY 1 TO AUGUST 9, 1933, INCLUSIVE, APPROXIMATELY $932,000 WAS EXPENDED AND OBLIGATED OUT OF THE APPROPRIATIONS FOR THE FORMER BUREAUS OF IMMIGRATION AND OF NATURALIZATION. BY TRANSFER APPROPRIATION WARRANT NO. 4, DEPARTMENT OF LABOR, ISSUED AUGUST 16, 1933, THE SUM OF $7,665,000 WAS TRANSFERRED FROM THE APPROPRIATION FOR THE FORMER BUREAUS OF IMMIGRATION AND OF NATURALIZATION TO THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1934," SYMBOL NO. 64805. THEREFORE, THE UNOBLIGATED BALANCE IN THE APPROPRIATIONS FOR THE FORMER BUREAUS OF IMMIGRATION AND OF NATURALIZATION IS APPROXIMATELY $1,737,000.

YOUR OPINION IS RESPECTFULLY REQUESTED UPON THE FOLLOWING QUESTIONS:

1. ARE VACANCY SAVINGS RESULTING FROM THE SEPARATION OF EMPLOYEES WHO WERE GIVEN TEMPORARY APPOINTMENTS IN THE IMMIGRATION AND NATURALIZATION SERVICE ON AUGUST 10, 1933, AND DECEMBER 10, 1933, SUBJECT TO IMPOUNDMENT?

2. IF QUESTION NO. 1 IS ANSWERED IN THE AFFIRMATIVE MAY THE AMOUNT TO BE IMPOUNDED BE CHARGED AGAINST THE APPROPRIATIONS "SALARIES AND EXPENSES, BUREAU OF IMMIGRATION" AND "SALARIES AND EXPENSES, BUREAU OF NATURALIZATION," RESPECTIVELY, OR WILL IT BE NECESSARY TO CHARGE SUCH AMOUNT AGAINST THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE?

3. MAY THE AMOUNT IMPOUNDED ON ACCOUNT OF REDUCTION IN SALARY (6 2/3 PERCENT FROM AUGUST 10 TO JANUARY 31, AND 1 2/3 PERCENT FROM FEBRUARY 1 TO JUNE 30) BE CHARGED AGAINST THE APPROPRIATIONS ,SALARIES AND EXPENSES, BUREAU OF IMMIGRATION" AND "SALARIES AND EXPENSES, BUREAU OF NATURALIZATION," RESPECTIVELY, OR WILL IT BE NECESSARY TO CHARGE SUCH AMOUNT AGAINST THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE?

UNDER SECTION 20 OF THE EXECUTIVE ORDER CITED AND QUOTED BY YOU THE DIRECTOR, BUREAU OF THE BUDGET, WAS GIVEN AUTHORITY TO APPROVE THE TRANSFER OF THE UNOBLIGATED APPROPRIATION BALANCES OF THE TWO BUREAUS TO THE NEWLY ORGANIZED IMMIGRATION AND NATURALIZATION SERVICE, AND IT MUST BE PRESUMED THAT THE PORTIONS OF THE APPROPRIATIONS TRANSFERRED REPRESENTED THE GROSS AMOUNTS NECESSARY FOR THE SALARIES OF ALL PERSONNEL REAPPOINTED EITHER TEMPORARILY OR PERMANENTLY IN THE NEW SERVICE FOR THE REMAINDER OF THE FISCAL YEAR. IN THE CIRCUMSTANCES THE SALARIES OF ALL VACANCIES OCCURRING AFTER THE EFFECTIVE DATE OF THE REORGANIZATION IRRESPECTIVE OF WHETHER THE EMPLOYEES WERE TEMPORARY OR PERMANENT, UNLESS SPECIFICALLY WAIVED BY THE PRESIDENT UNDER SECTION 203 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED AND EXTENDED, MUST BE IMPOUNDED, THE IMPOUNDED AMOUNTS TO BE CHARGED AGAINST THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE.' LIKEWISE, ALL AMOUNTS REQUIRED TO BE IMPOUNDED BY REASON OF THE PERCENTAGE REDUCTION IN SALARIES OF EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE AFTER ITS ORGANIZATION, MUST BE CHARGED TO THE APPROPRIATION FOR THAT SERVICE RATHER THAN TO THE BALANCES OF THE APPROPRIATIONS FOR THE FORMER BUREAUS.