A-65998, NOVEMBER 27, 1935, 15 COMP. GEN. 445

A-65998: Nov 27, 1935

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1935: REFERENCE IS HAD TO YOUR LETTER OF SEPTEMBER 12. AS FOLLOWS: THERE ARE RETURNED HEREWITH FOR YOUR FURTHER CONSIDERATION THE FOLLOWING CERTIFICATES OF SETTLEMENT: NO. 0372430. 203.88 ALL OF THESE CERTIFICATES ARE FOR PAYMENT FROM THE APPROPRIATION "6S803 EXTRA COMPENSATION FOR OVERTIME. IT WILL BE NOTED THAT THIS APPROPRIATION WAS ABOLISHED. AN ANNUAL APPROPRIATION AUTHORIZED TO PROVIDE FOR THE PAYMENT OF SUCH ACCOUNTS AS HAVE HERETOFORE BEEN CHARGED AGAINST THIS APPROPRIATION. THE AMOUNT NECESSARY TO PROVIDE FOR PAYMENTS FOR OVERTIME UNDER THE IMMIGRATION SERVICE IS PROVIDED FOR IN THE ANNUAL APPROPRIATION "SALARIES AND EXPENSES. 000 IS SET APART FOR THE PAYMENT OF EXTRA COMPENSATION FOR OVERTIME SERVICES.

A-65998, NOVEMBER 27, 1935, 15 COMP. GEN. 445

PERMANENT APPROPRIATION REPEAL ACT - "UNOBLIGATED BALANCES" THE WORDS "UNOBLIGATED BALANCES" AS USED IN SECTION 5 OF THE PERMANENT APPROPRIATION REPEAL ACT OF JUNE 26, 1934, 48 STAT. 1228, REQUIRING SUCH BALANCES OF CERTAIN ACCOUNTS TO BE COVERED INTO THE SURPLUS FUND OF THE TREASURY EFFECTIVE JULY 1, 1935, ALTHOUGH NOT INTENDED TO KEEP THE APPROPRIATION ACCOUNTS NAMED ALIVE INDEFINITELY FOR THE PAYMENT OF CLAIMS, YET THEY SUFFICIENTLY INCLUDE CLAIMS PENDING AND IN COURSE OF SETTLEMENT ON THE EFFECTIVE DATE OF THE COVERING IN REQUIREMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 27, 1935:

REFERENCE IS HAD TO YOUR LETTER OF SEPTEMBER 12, 1935, AS FOLLOWS:

THERE ARE RETURNED HEREWITH FOR YOUR FURTHER CONSIDERATION THE FOLLOWING CERTIFICATES OF SETTLEMENT:

NO. 0372430, JOHN A. WALLMAN --------------------------- $ 46.47

NO. 0372431, BELA E. GOWEN ----------------------------- 236.74

NO. 0372740, KAICHIRO YASUTAKE ------------------------- 2.25

NO. 0372741, ALFRED VOLIGNY ---------------------------- 29.14

NO. 0372743, JOHN B. BECK ------------------------------ 109.89

NO. 0372744, HENRY T. ROWBOTTOM ------------------------ 203.88

ALL OF THESE CERTIFICATES ARE FOR PAYMENT FROM THE APPROPRIATION "6S803 EXTRA COMPENSATION FOR OVERTIME, IMMIGRATION SERVICE, SPECIAL FUND.'

BY REFERENCE TO SECTION 5 OF THE PERMANENT APPROPRIATION REPEAL ACT, JUNE 26, 1934 (48 STAT. 1228), IT WILL BE NOTED THAT THIS APPROPRIATION WAS ABOLISHED, EFFECTIVE JULY 1, 1935, AND AN ANNUAL APPROPRIATION AUTHORIZED TO PROVIDE FOR THE PAYMENT OF SUCH ACCOUNTS AS HAVE HERETOFORE BEEN CHARGED AGAINST THIS APPROPRIATION. THE AMOUNT NECESSARY TO PROVIDE FOR PAYMENTS FOR OVERTIME UNDER THE IMMIGRATION SERVICE IS PROVIDED FOR IN THE ANNUAL APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE, 1936," IN THE ANNUAL LABOR APPROPRIATION ACT OF MARCH 22, 1935, WHEREIN $60,000 IS SET APART FOR THE PAYMENT OF EXTRA COMPENSATION FOR OVERTIME SERVICES.

IT IS ASSUMED, THEREFORE, THAT THE AMOUNTS COVERED BY THE CERTIFICATES RETURNED HEREWITH SHOULD BE CHARGEABLE AGAINST THE 1936 APPROPRIATION.

SECTION 5 OF THE PERMANENT APPROPRIATION REPEAL ACT OF JUNE 26, 1934, 48 STAT. 1228, PROVIDES AS FOLLOWS:

SEC. 5. (A) EFFECTIVE JULY 1, 1935, THE APPROPRIATION ACCOUNTS APPEARING ON THE BOOKS OF THE GOVERNMENT AND LISTED IN SUBSECTION (B) OF THIS SECTION ARE ABOLISHED, AND ANY UNOBLIGATED BALANCES UNDER SUCH ACCOUNTS AS OF THAT DATE SHALL BE COVERED INTO THE SURPLUS FUND OF THE TREASURY. ANY APPROPRIATIONS TO WHICH EXPENDITURES UNDER SUCH ACCOUNTS HAVE BEEN CHARGEABLE THERETOFORE ARE HEREBY REPEALED, EFFECTIVE ON SUCH DATE. THE EXTENT THAT THE ANNUAL APPROPRIATIONS, WHICH ARE HEREBY AUTHORIZED TO BE MADE FROM THE GENERAL FUND OF THE TREASURY FOR THE SAME PURPOSES FOR WHICH EXPENDITURES ARE NOW MADE FROM SAID ACCOUNTS, ARE INSUFFICIENT, THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FROM THE GENERAL FUND OF THE TREASURY SUCH ADDITIONAL AMOUNTS AS MAY BE NECESSARY, TO THE EXTENT THAT THE AMOUNTS OF SUCH RECEIPTS ARE IN EXCESS OF THE AMOUNTS APPROPRIATED.

(B) (1) EXPENSES, COTTON STANDARDS ACT (3S535).

(2) CLASSIFICATION OF COTTON, REVOLVING FUND (3S320).

(3) EXTRA COMPENSATION FOR OVERTIME, IMMIGRATION SERVICE (6S803).

IT WILL BE NOTED THAT THIS SECTION OF THE STATUTE REQUIRES ONLY THE UNOBLIGATED BALANCES TO BE COVERED INTO THE SURPLUS FUND.

IT APPEARS THAT IN THESE CLAIMS PAYMENTS WERE NOT MADE CURRENTLY BECAUSE THE STEAMSHIP OWNERS HAD DECLINED TO PAY THE COSTS FOR THE OVERTIME, THAT SUIT WAS NECESSARY TO RECOVER THE AMOUNTS, AND THAT THE PROCEEDS OF THE JUDGMENT WERE COVERED INTO THE CREDIT OF THE FUND NAMED BY CERTIFICATE OF DEPOSIT NO. 20, DATED JANUARY 24, 1935. FUNDS NECESSARY TO PAY THE CLAIMS THUS HAVING BECOME AVAILABLE, THE CLAIMS WERE PREPARED AND SUBMITTED IN DUE COURSE, SOME OF WHICH WERE SETTLED AND PAID PRIOR TO JULY 1, 1935, AND OTHERS, INCLUDING THE ONES TRANSMITTED BY YOUR LETTER, WERE NOT SETTLED UNTIL AFTER JULY 1, 1935. WHILE IT IS NOT UNDERSTOOD THAT "UNOBLIGATED ALANCES" AS USED IN SECTION 5 OF THE PERMANENT APPROPRIATION REPEAL ACT WAS INTENDED TO KEEP THE APPROPRIATION ACCOUNTS NAMED ALIVE INDEFINITELY FOR THE PAYMENT OF STALE CLAIMS, THE WORDS SUFFICIENTLY INCLUDE CLAIMS PENDING AND IN COURSE OF SETTLEMENT IN THE DEPARTMENTS OR IN THIS OFFICE ON JULY 1, 1935. THE SETTLEMENTS, THEREFORE, PROPERLY DESIGNATED THE APPROPRIATION "EXTRA COMPENSATION FOR OVERTIME, IMMIGRATION SERVICE, 6S803" AS THE APPROPRIATION TO BE CHARGED THEREWITH. THE SETTLEMENTS ARE RETURNED FOR APPROPRIATE ACTION.