A-55711, JUNE 13, 1934, 13 COMP. GEN. 429

A-55711: Jun 13, 1934

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SIMILAR CHARGES IS APPLICABLE ONLY TO THE FISCAL YEAR 1935. WHICH ARE NOT AVAILABLE UNTIL NEXT JULY 1. IS PRESENTED FOR YOUR DETERMINATION. ARE AS FOLLOWS: SEC. 24. IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING: "SEC. 10. ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30. IS AMENDED BY ADDING AFTER THE FIRST PROVISO THEREOF A COLON AND THE FOLLOWING: "PROVIDED FURTHER. THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE DURING THE FISCAL YEAR 1935 TO THE EXTENT THAT FUNDS ARE AVAILABLE THEREFOR. FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1935.'" THE OFFICE OF A PROVISO GENERALLY IS TO MODIFY THE LANGUAGE OF THE SECTION OF THE STATUTE TO WHICH IT IS ATTACHED AND WHICH IMMEDIATELY PRECEDES THE PROVISO. 6 COMP.

A-55711, JUNE 13, 1934, 13 COMP. GEN. 429

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS - ALLOWANCES THE PROVISO ADDED TO SECTION 10 (B) OF THE ACT OF MARCH 20, 1933, BY SECTION 24, TITLE II, OF THE ACT OF MARCH 28, 1934, PERMITTING ADJUSTMENTS OF ALLOWANCES FOR QUARTERS, SUBSISTENCE, LAUNDRY, AND SIMILAR CHARGES IS APPLICABLE ONLY TO THE FISCAL YEAR 1935.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JUNE 13, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 19, 1934, AS FOLLOWS:

SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, CONTINUES IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30, 1935, THE PROVISIONS OF SECTION 7 OF THE TREASURY-POST OFFICE APPROPRIATION ACT, FISCAL YEAR 1934, PROHIBITING ADMINISTRATIVE PROMOTIONS, AND DECLARES IN ITS PROVISO TO SUBSECTION (B),"THAT ADJUSTMENTS OF CHARGES FOR QUARTERS, SUBSISTENCE OR LAUNDRY, OR OTHER SIMILAR CHARGES, SHALL NOT BE INTERPRETED AS CONSTITUTING ADMINISTRATIVE PROMOTIONS. * * *.'

IT HAS BEEN HELD BY THE ACTING SOLICITOR OF THIS ADMINISTRATION THAT INASMUCH AS THE PROVISIONS OF SECTION 24, SUBSECTION (B) RELATE TO APPROPRIATIONS FOR THE FISCAL YEAR 1935 ONLY, WHICH ARE NOT AVAILABLE UNTIL NEXT JULY 1, THE PROVISO IN QUESTION CANNOT BE INTERPRETED AS GENERAL LEGISLATION AND EXTENDED TO THE APPROPRIATION ACT FOR THE FISCAL YEAR 1934 NOW CURRENT. (PENNINGTON V. U.S. 231 U.S. 631 (58 LAW.ED. 410, 413).)

A CONTRARY POSITION HAS BEEN TAKEN BY MR. E. C. BABCOCK, PRESIDENT, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AND AT HIS INSTANCE AND REQUEST THE QUESTION WHETHER THE PROVISO CONTAINED IN SECTION 24 (B) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, MUST BE REGARDED AS EFFECTIVE FROM AND AFTER THE DATE OF THE ACT, MARCH 28, 1934, IS PRESENTED FOR YOUR DETERMINATION.

THE PERTINENT PORTIONS OF SECTION 24, TITLE II, OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, ARE AS FOLLOWS:

SEC. 24. TITLE II OF THE ACT ENTITLED "AN ACT TO MAINTAIN THE CREDIT OF THE UNITED STATES GOVERNMENT," APPROVED MARCH 20, 1933, IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING:

"SEC. 10. (A) * * *

"/B) THE FOLLOWING SECTIONS OF THE TREASURY-POST OFFICE APPROPRIATION ACT, FISCAL YEAR 1934, ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30, 1935: SECTIONS 7 (PROHIBITING ADMINISTRATIVE PROMOTIONS): PROVIDED, THAT ADJUSTMENTS OF CHARGES FOR QUARTERS, SUBSISTENCE OR LAUNDRY, OR OTHER SIMILAR CHARGES, SHALL NOT BE INTERPRETED AS CONSTITUTING ADMINISTRATIVE PROMOTIONS, AND 18 (SUSPENDING REENLISTMENT ALLOWANCES).

"/C) IN THE APPLICATION OF THE SECTIONS ENUMERATED IN SUBSECTIONS (2), (B), AND (C) OF THIS SECTION WITH RESPECT TO THE FISCAL YEAR ENDING JUNE 30, 1935 (BUT NOT WITH RESPECT TO THE FISCAL YEAR ENDING JUNE 30, 1934), THE FOLLOWING AMENDMENTS SHALL APPLY:

"/2) SECTION 7 (PROHIBITING ADMINISTRATIVE PROMOTIONS) OF THE TREASURY- POST OFFICE APPROPRIATION ACT, FISCAL YEAR 1934, IS AMENDED BY ADDING AFTER THE FIRST PROVISO THEREOF A COLON AND THE FOLLOWING: "PROVIDED FURTHER, THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE DURING THE FISCAL YEAR 1935 TO THE EXTENT THAT FUNDS ARE AVAILABLE THEREFOR, ON AN ANNUAL BASIS, FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1935.'"

THE OFFICE OF A PROVISO GENERALLY IS TO MODIFY THE LANGUAGE OF THE SECTION OF THE STATUTE TO WHICH IT IS ATTACHED AND WHICH IMMEDIATELY PRECEDES THE PROVISO. 6 COMP. GEN. 71. THE PROVISO IN THIS CASE WITH RESPECT TO THE ADJUSTMENT OF ALLOWANCES IS ATTACHED TO SECTION 10 (B) OF THE ACT OF MARCH 20, 1933, AND NOT TO SECTION 7 OF THE ACT OF MARCH 3, 1933, AND AS SECTION 10 (B) RELATES SOLELY TO THE FISCAL YEAR 1935, IT MUST BE CONCLUDED THAT THE PROVISO IS LIKEWISE SO LIMITED AND DOES NOT BECOME EFFECTIVE UNTIL JULY 1, 1934, A-54489, APRIL 11, 1934.