A-56551, JULY 25, 1934, 14 COMP. GEN. 67

A-56551: Jul 25, 1934

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PROVIDING THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS IN APPROPRIATIONS OR APPORTIONMENTS FOR PERSONNEL ON AN ANNUAL BASIS ARE BROAD ENOUGH TO PERMIT SAVINGS ON AN ANNUAL BASIS TO BE SHOWN UNDER EACH "BUREAU. PROMOTIONS ARE NOT AUTHORIZED IN A PARTICULAR BUREAU ON THE BASIS OF THE SAVINGS THEREIN UNLESS JUSTIFIED ON THE BASIS OF THE APPROPRIATION AS A WHOLE. AS FOLLOWS: HEREWITH IS A PROPOSED CIRCULAR ON PROMOTION PROCEDURE IN THIS DEPARTMENT DURING THE FISCAL YEAR 1935 UNDER SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT OF MARCH 28. IT WILL. AN EARLY RESPONSE WILL BE VERY HELPFUL. SINCE IT IS DESIRED TO ESTABLISH THE PROMOTION BASIS AND PROCEDURE WITH THE LEAST POSSIBLE DELAY.

A-56551, JULY 25, 1934, 14 COMP. GEN. 67

COMPENSATION - ADMINISTRATIVE PROMOTIONS THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, PROVIDING THAT ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS IN APPROPRIATIONS OR APPORTIONMENTS FOR PERSONNEL ON AN ANNUAL BASIS ARE BROAD ENOUGH TO PERMIT SAVINGS ON AN ANNUAL BASIS TO BE SHOWN UNDER EACH "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" (QUOTING FROM THE AVERAGE PROVISION), BUT TO AUTHORIZE PROMOTIONS THE SAVINGS MUST EXIST WITH RESPECT TO THE ENTIRE APPROPRIATION OR APPORTIONMENT INVOLVED, AND PROMOTIONS ARE NOT AUTHORIZED IN A PARTICULAR BUREAU ON THE BASIS OF THE SAVINGS THEREIN UNLESS JUSTIFIED ON THE BASIS OF THE APPROPRIATION AS A WHOLE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JULY 25, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 9, 1934, AS FOLLOWS:

HEREWITH IS A PROPOSED CIRCULAR ON PROMOTION PROCEDURE IN THIS DEPARTMENT DURING THE FISCAL YEAR 1935 UNDER SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT OF MARCH 28, 1934.

THE DEPARTMENT WOULD APPRECIATE YOUR CRITICISM OF THIS DRAFT, WITH INDICATION OF ANY CHANGES YOU THINK DESIRABLE EITHER FROM THE STANDPOINT OF THE LEGAL SUFFICIENCY OF THE PLAN OR BY WAY OF SIMPLIFICATION. DISCUSSION OF THE SUBJECT IN THE DEPARTMENT THE THOUGHT HAS BEEN ADVANCED THAT THE SAVINGS MIGHT PROPERLY BE FIGURED BY BUREAU GROUPS, RATHER THAN ON THE BASIS OF APPROPRIATIONS, BY ANALOGY WITH THE USE OF BUREAU UNITS IN THE DETERMINATION OF GRADE AVERAGES UNDER THE PERSONNEL CLASSIFICATION ACT. IF YOU DEEM THIS PERMISSIBLE, IT WILL, OF COURSE, BE POSSIBLE TO DISPENSE WITH SOME OF THE DETAIL OF THE PROPOSED PLAN.

AN EARLY RESPONSE WILL BE VERY HELPFUL, SINCE IT IS DESIRED TO ESTABLISH THE PROMOTION BASIS AND PROCEDURE WITH THE LEAST POSSIBLE DELAY.

THE PORTION OF SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, HERE MATERIAL PROVIDES AS FOLLOWS:

(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 SAVINGS ARE REQUIRED TO BE SHOWN UNDER "APPROPRIATIONS.' THIS TERM IS BROAD ENOUGH TO PERMIT THE SAVINGS TO BE SHOWN UNDER EACH "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" (QUOTING FROM THE AVERAGE PROVISION), AS SUGGESTED IN YOUR LETTER, BUT TO AUTHORIZE PROMOTIONS THE SAVINGS MUST EXIST WITH RESPECT TO THE ENTIRE APPROPRIATION OR APPORTIONMENT INVOLVED, AND PROMOTIONS ARE NOT AUTHORIZED IN A PARTICULAR BUREAU ON THE BASIS OF THE SAVINGS THEREIN UNLESS JUSTIFIED ON THE BASIS OF THE APPROPRIATION AS A WHOLE.

ONE PARAGRAPH OF THE PROPOSED CIRCULAR IS AS FOLLOWS:

BUREAUS PLANNING TO SUBMIT RECOMMENDATIONS FOR PROMOTIONS DURING 1935 SHOULD, THEREFORE, AS SOON AS PRACTICABLE AND IN ANY EVENT BEFORE FORWARDING ANY SUCH RECOMMENDATION, PRESENT TO THE SECRETARY THROUGH THE OFFICE OF BUDGET AND FINANCE A REQUEST FOR APPORTIONMENT OF THE AMOUNT EXPENDABLE FOR 1935 UNDER EACH SEPARATE APPROPRIATION ADMINISTERED. THE EVENT THE APPROPRIATION FOR SALARIES AND EXPENSES, 1935, DOES NOT DIFFER MATERIALLY FROM THE ESTIMATE IN THE 1935 BUDGET THE AMOUNT RECOMMENDED FOR APPORTIONMENT SHOULD BE THE GROSS OF ALL POSITIONS IN SUCH ESTIMATES, WHETHER CLASSIFIED OR UNCLASSIFIED, INTEGRAL OR FRACTIONAL, EXCLUDING TEMPORARY POSITIONS AND EXCLUDING ALSO SAVINGS ON ACCOUNT OF LAPSES AND FURLOUGHS. IF THE APPROPRIATION VARIES MATERIALLY FROM THE ESTIMATE THE APPORTIONMENT MAY BE ADJUSTED ACCORDINGLY. AT THE SAME TIME THERE SHOULD BE SUBMITTED A STATEMENT OF THE AMOUNT NECESSARY TO PAY THROUGHOUT THE YEAR ALL POSITIONS AS OF JULY 1, 1934, WHETHER FILLED OR VACANT, EXCLUDING TEMPORARIES. NO ACCOUNT SHOULD BE TAKEN IN THIS STATEMENT OF LAPSES OR VACANCIES.

IT IS UNDERSTOOD THAT THE RECOMMENDATIONS FOR APPORTIONMENTS ARE TO BE FROM THE REGULAR APPROPRIATIONS ONLY, AND DO NOT INCLUDE ANY INDEFINITE APPROPRIATIONS UNDER SECTION 21 (E) OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, AND THAT THE TERM "GROSS OF ALL POSITIONS" IS MEANT NOT THE AGGREGATE OF THE TOTAL SALARY RATES OF THE POSITIONS APPEARING IN THE ESTIMATE BUT ONLY 90 PERCENT THEREOF. WITH THIS UNDERSTANDING THIS OFFICE HAS NO CRITICISM TO OFFER AT THIS TIME WITH RESPECT TO THE PROPOSED CIRCULAR.