A-56776, JULY 30, 1934, 14 COMP. GEN. 87

A-56776: Jul 30, 1934

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- THAT IS. - "THERE IS HEREBY APPROPRIATED FOR THESE ACTIVITIES. 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.'" INASMUCH AS THE ABOVE CITATIONS DO NOT INDICATE THAT ANY SPECIFIC AMOUNT WAS APPROPRIATED FOR PERSONAL SERVICES FROM THE APPROPRIATION OF $950. IT IS THE OPINION OF THE FEDERAL CIVIL WORKS AND FEDERAL EMERGENCY RELIEF ADMINISTRATIONS THAT ANY MONEYS AVAILABLE COULD BE CONSTRUED AS SAVINGS OUT OF THE APPROPRIATION OF $950.

A-56776, JULY 30, 1934, 14 COMP. GEN. 87

COMPENSATION - ADMINISTRATIVE PROMOTIONS - FEDERAL EMERGENCY RELIEF ADMINISTRATION UNLESS AND UNTIL THERE HAS BEEN A DEFINITE APPORTIONMENT FOR PERSONAL SERVICES BY OR PURSUANT TO THE AUTHORITY OF THE PRESIDENT FOR THE FEDERAL EMERGENCY RELIEF ADMINISTRATION UNDER THE ACT OF FEBRUARY 15, 1934 (48 STAT. 351), THE COMMITMENTS AS OF JULY 1, 1934--- THAT IS, THE AMOUNT OF THE TOTAL SALARY RATES OF ALL EXISTING POSITIONS FILLED OR VACANT AS OF JULY 1, 1934--- CONSTITUTE THE BASIS FOR LATER DETERMINING THE SAVINGS TO BE DERIVED ONLY FROM THE NONFILLING OF VACANCIES, ABSENCE WITHOUT PAY, REDUCTION IN COMPENSATION, ETC.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, FEDERAL EMERGENCY RELIEF ADMINISTRATION, JULY 30, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 20, 1934, AS FOLLOWS:

PUBLIC, NO. 93, 73D CONGRESS,"AN ACT MAKING AN ADDITIONAL APPROPRIATION TO CARRY OUT THE PURPOSES OF THE FEDERAL EMERGENCY RELIEF ACT OF 1933, FOR CONTINUATION OF THE CIVIL WORKS PROGRAM, AND OTHER PURPOSES," STATES IN PART THAT---

"THERE IS HEREBY APPROPRIATED FOR THESE ACTIVITIES, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, TO REMAIN AVAILABLE UNTIL JUNE 30, 1935, THE SUM OF $950,000,000, WHICH SHALL BE AVAILABLE FOR EXPENDITURE FOR SUCH PROJECTS AND/OR PURPOSES AND UNDER SUCH RULES AND REGULATIONS AS THE PRESIDENT IN HIS DISCRETION MAY PRESCRIBE.'

ALSO:

"PROVIDED FURTHER, THAT NO PART OF THE APPROPRIATION HEREIN MADE SHALL BE ALLOTTED FOR EXPENDITURES FOR ANY CIVIL WORKS PROJECT UNDER ANY OTHER DEPARTMENT OR ESTABLISHMENT OF THE FEDERAL GOVERNMENT, EXCEPT FOR THE COMPLETION OF PROJECTS FOR THE IMPROVEMENT OF FEDERAL LANDS OR PUBLIC PROPERTY IN PROGRESS AND UNCOMPLETED ON THE DATE OF THE APPROVAL OF THIS ACT, AND EXCEPT SUCH SUMS AS MAY BE NECESSARY FOR MAINTENANCE AND OPERATION OF REEMPLOYMENT AGENCIES, AND MEDICAL, SURGICAL, AND HOSPITAL SERVICES, AND FOR ADMINISTRATION, SUPERVISION, INSPECTION, DISBURSING, AND ACCOUNTING PURPOSES, AND PRINTING AND BINDING, IN CONNECTION WITH STATE AND/OR LOCAL CIVIL WORKS PROJECTS.'

SECTION 7, PUBLIC ACT NO. 141, 73D CONGRESS, ENTITLED,"INDEPENDENT OFFICES APPROPRIATION ACT, 1935" SETS FORTH THE FOLLOWING:

"/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.'"

INASMUCH AS THE ABOVE CITATIONS DO NOT INDICATE THAT ANY SPECIFIC AMOUNT WAS APPROPRIATED FOR PERSONAL SERVICES FROM THE APPROPRIATION OF $950,000,000 AVAILABLE UNTIL JUNE 30, 1935, THERE WOULD BE NO SAVINGS FROM WHICH ADMINISTRATIVE PROMOTIONS COULD BE MADE DURING THE PERIOD TO JUNE 30, 1935; HOWEVER, IT IS THE OPINION OF THE FEDERAL CIVIL WORKS AND FEDERAL EMERGENCY RELIEF ADMINISTRATIONS THAT ANY MONEYS AVAILABLE COULD BE CONSTRUED AS SAVINGS OUT OF THE APPROPRIATION OF $950,000,000.

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE CORRECTNESS OF OUR INTERPRETATION.

THE GENERAL RULE FOR DETERMINING SAVINGS ON AN ANNUAL BASIS WAS STATED IN DECISION OF JUNE 9, 1934, A-54807, 13 COMP. GEN. 419, AS FOLLOWS:

THE PURPOSE AND INTENT OF THAT PORTION OF SECTION 24 OF THE ACT OF MARCH 28, 1934, PUBLIC NO. 141, AMENDING SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, APPEARS TO BE TO PERMIT THE USE OF 1935 APPROPRIATIONS EXCLUSIVELY AVAILABLE FOR SALARY PAYMENTS, OR ADMINISTRATIVELY APPORTIONED FOR SALARY PAYMENTS ON AN ANNUAL BASIS FROM APPROPRIATION ITEMS AVAILABLE ALSO FOR OTHER PURPOSES, BY THE USE OF ANY SAVINGS THAT MAY BE MADE, ON AN ANNUAL BASIS, BY ADMINISTRATIVE ECONOMIES IN THE USE OF SUCH ANNUAL PERSONNEL APPROPRIATIONS OR ANNUAL ADMINISTRATIVE APPORTIONMENTS FOR PERSONNEL.

CONSEQUENTLY, AS A PREREQUISITE TO ANY SUCH ADMINISTRATIVE PROMOTIONS DURING THE FISCAL YEAR 1935, THERE MUST BE A SHOWING OF THE AMOUNT SPECIFICALLY APPROPRIATED OR APPORTIONED FOR PERSONAL SERVICES FOR THE PARTICULAR OFFICE OR ACTIVITY INVOLVED, AND A SHOWING AS TO THE AMOUNT THEREOF NECESSARY TO PAY THE SALARIES FOR AN ENTIRE YEAR OF ALL POSITIONS, WHETHER FILLED OR VACANT, EXISTING ON JULY 1, 1934. THE DIFFERENCE, IF ANY, BETWEEN SAID TWO AMOUNTS MAY BE REGARDED AS A SAVING AVAILABLE FOR PROMOTIONS WITHIN THE MEANING OF THE PROVISION IN QUESTION. LIKEWISE, ANY SAVINGS RESULTING FROM THE NONFILLING OF VACANCIES EXISTING ON JULY 1, 1934, OR WHICH MAY OCCUR DURING THE FISCAL YEAR, PROVIDED IMPOUNDING THEREOF BE WAIVED BY THE PRESIDENT, AND ANY SAVINGS RESULTING FROM REDUCTIONS IN SALARIES OR FROM ABSENCES WITHOUT PAY, WHETHER VOLUNTARY OR INVOLUNTARY, WILL BE AVAILABLE FOR SUCH PROMOTIONS. * * *

THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, QUOTED IN YOUR LETTER AUTHORIZED THE APPROPRIATION TO BE EXPENDED "FOR SUCH PROJECTS AND/OR PURPOSES AND UNDER SUCH RULES AND REGULATIONS AS THE PRESIDENT IN HIS DISCRETION MAY PRESCRIBE.' IT WOULD APPEAR, THEREFORE, THAT AN APPORTIONMENT FOR PERSONAL SERVICES FOR THE FISCAL YEAR 1935 HAS BEEN OR WILL BE MADE BY THE PRESIDENT OR PURSUANT TO HIS AUTHORITY. IF SO, THE RULE QUOTED FROM THE DECISION OF JUNE 9, 1934, IS FOR APPLICATION WITH RELATION TO THE AMOUNT OF SUCH APPORTIONMENT FOR PERSONAL SERVICES FOR THE FISCAL YEAR 1935.

UNLESS AND UNTIL SUCH DEFINITE APPORTIONMENT FOR PERSONAL SERVICES BE MADE UNDER SAID APPROPRIATION THE COMMITMENTS AS OF JULY 1, 1934--- THAT IS, THE AMOUNT OF THE TOTAL SALARY RATES OF ALL EXISTING POSITIONS, FILLED OR VACANT, AS OF JULY 1, 1934--- CONSTITUTE THE BASIS FOR LATER DETERMINING THE SAVINGS TO BE DERIVED ONLY FROM THE NONFILLING OF VACANCIES, ABSENCE WITHOUT PAY, REDUCTIONS IN COMPENSATION, ETC. SEE DECISION OF JUNE 18, 1934, 13 COMP. GEN. 450.