A-63409, JULY 24, 1935, 15 COMP. GEN. 72

A-63409: Jul 24, 1935

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FOR INVESTIGATING THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY IS NOT AN EMERGENCY APPROPRIATION AND ACCORDINGLY THE TRANSFER OF EMPLOYEES TO POSITIONS. THE COMPENSATION OF WHICH IS PAYABLE THEREFROM. IS NOT A TRANSFER WITHIN THE PURVIEW OF PARAGRAPHS 2 AND 3 OF THE EXECUTIVE ORDER OF JUNE 12. 1935: THERE WAS RECEIVED YOUR LETTER OF JULY 1. WILL BE APPRECIATED. THE JOINT RESOLUTION REFERRED TO IS PUBLIC RESOLUTION NO. 8. THE QUESTION SPECIFICALLY IS WHETHER OR NOT THIS APPROPRIATION IS AN EMERGENCY APPROPRIATION UNDER THE TERMS OF THE EXECUTIVE ORDER REFERRED TO. PROVIDES: THAT IT IS NECESSARY. THERE IS HEREBY APPROPRIATED. I HEREBY PRESCRIBE THE FOLLOWING REGULATIONS GOVERNING APPOINTMENTS OF EMPLOYEES PAID FROM EMERGENCY FUNDS: * * * * * * * CONTACT OR NEGOTIATE WITH AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY WITH A VIEW TO EFFECTING THE TRANSFER OF SUCH EMPLOYEE UNTIL PERMISSION FOR SUCH CONTACT OR NEGOTIATION HAS BEEN GIVEN BY THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH SUCH EMPLOYEE IS EMPLOYED. 3.

A-63409, JULY 24, 1935, 15 COMP. GEN. 72

OFFICERS AND EMPLOYEES - TRANSFERS - EMERGENCY APPROPRIATIONS THE APPROPRIATION MADE TO THE FEDERAL COMMUNICATIONS COMMISSION BY PUBLIC RESOLUTION NO. 8 OF MARCH 15, 1935, FOR INVESTIGATING THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY IS NOT AN EMERGENCY APPROPRIATION AND ACCORDINGLY THE TRANSFER OF EMPLOYEES TO POSITIONS, THE COMPENSATION OF WHICH IS PAYABLE THEREFROM, IS NOT A TRANSFER WITHIN THE PURVIEW OF PARAGRAPHS 2 AND 3 OF THE EXECUTIVE ORDER OF JUNE 12, 1935, NO. 7070, PLACING RESTRICTION UPON THE TRANSFER OF EMPLOYEES TO POSITIONS PAID FROM EMERGENCY APPROPRIATIONS.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, JULY 24, 1935:

THERE WAS RECEIVED YOUR LETTER OF JULY 1, 1935, AS FOLLOWS:

THIS OFFICE HAS UNDER CONSIDERATION THE TRANSFER OF ONE OF ITS EMPLOYEES FROM THE APPROPRIATION "SALARIES AND EXPENSES, FEDERAL COMMUNICATIONS COMMISSION, 1936" TO THE APPROPRIATION MADE AVAILABLE FOR THE SPECIAL INVESTIGATION OF THE TELEPHONE COMPANIES. BEFORE COMPLETING THESE ARRANGEMENTS, AN INTERPRETATION OF THE APPLICATION OF THE PRESIDENT'S EXECUTIVE ORDER NO. 7070, DATED JUNE 12, 1935, AS TO APPLICABILITY WITH REFERENCE TO THIS SPECIAL APPROPRIATION, WILL BE APPRECIATED.

THE JOINT RESOLUTION REFERRED TO IS PUBLIC RESOLUTION NO. 8, 74TH CONGRESS, S.J.RES. 46, APPROVED MARCH 15, 1935, AND THE QUESTION SPECIFICALLY IS WHETHER OR NOT THIS APPROPRIATION IS AN EMERGENCY APPROPRIATION UNDER THE TERMS OF THE EXECUTIVE ORDER REFERRED TO.

PUBLIC RESOLUTION NO. 8 OF MARCH 15, 1935, PROVIDES:

THAT IT IS NECESSARY, IN AID OF LEGISLATION BY THE CONGRESS AND FOR THE USE OF GOVERNMENTAL AGENCIES, INCLUDING STATE REGULATORY COMMISSIONS, FOR THE INFORMATION OF THE GENERAL PUBLIC, AS AN AID IN PROVIDING MORE EFFECTIVE RATE REGULATION, AND FOR OTHER PURPOSES IN THE PUBLIC INTEREST, THAT ACCURATE AND COMPREHENSIVE INFORMATION BE PROCURED AND COMPILED REGARDING THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY AND OTHER TELEPHONE COMPANIES.

SEC. 6. THERE IS HEREBY APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, THE SUM OF $750,000, TO BE MADE IMMEDIATELY AVAILABLE TO THE FEDERAL COMMUNICATIONS COMMISSION FOR THE PURPOSES OF THE INVESTIGATION AND REPORT HEREIN AUTHORIZED AND DIRECTED, AND THE COMMISSION SHALL MAKE SPECIAL REPORTS TO CONGRESS ON ITS PROGRESS AND ITS FINDINGS IN THIS INVESTIGATION.

EXECUTIVE ORDER NO. 7070, ISSUED JUNE 12, 1935, PROVIDES:

BY VIRTUE OF AND PURSUANT TO THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, I HEREBY PRESCRIBE THE FOLLOWING REGULATIONS GOVERNING APPOINTMENTS OF EMPLOYEES PAID FROM EMERGENCY FUNDS:

* * * * * * * CONTACT OR NEGOTIATE WITH AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY WITH A VIEW TO EFFECTING THE TRANSFER OF SUCH EMPLOYEE UNTIL PERMISSION FOR SUCH CONTACT OR NEGOTIATION HAS BEEN GIVEN BY THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH SUCH EMPLOYEE IS EMPLOYED.

3. IF SUCH TRANSFER IS APPROVED, THE SALARY OF THE EMPLOYEE TRANSFERRED TO A POSITION THE SALARY OF WHICH IS PAID FROM EMERGENCY FUNDS SHALL NOT BE INCREASED AT THE TIME OF THE TRANSFER EXCEPT UPON THE APPROVAL OF THE PRESIDENT, AND THEREAFTER NO INCREASE SHALL BE MADE IN THE SALARY OF SUCH EMPLOYEE PAID FROM EMERGENCY FUNDS FOR A PERIOD OF AT LEAST SIX MONTHS.

THERE IS NOTHING IN THIS RESOLUTION WHICH WOULD WARRANT THE APPROPRIATION THEREIN MADE BEING REGARDED AS AN EMERGENCY APPROPRIATION WITHIN THE MEANING OF EXECUTIVE ORDER NO. 7070 OF JUNE 12, 1935, AND, FURTHERMORE, THE TRANSFER OF AN EMPLOYEE FROM ONE APPROPRIATION ROLL TO ANOTHER UNDER THE ADMINISTRATIVE CONTROL OF THE SAME DEPARTMENT OR ESTABLISHMENT IS NOT A TRANSFER WITHIN THE MEANING OF PARAGRAPHS 2 OR 3 OF SAID EXECUTIVE ORDER.