A-7322, JANUARY 15, 1925, 4 COMP. GEN. 607

A-7322: Jan 15, 1925

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1925: I HAVE YOUR LETTER OF JANUARY 2. UNDER THE EXECUTIVE ORDER REFERRED TO CERTAIN PHYSICIANS THERETOFORE OFFICERS OF THE PUBLIC HEALTH SERVICE RESERVE ON ACTIVE DUTY AND UNDER DETAIL TO THE VETERANS' BUREAU WERE AUTHORIZED TO BE EMPLOYED UNDER THE VETERANS' BUREAU WITHOUT REGARD TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND REGULATIONS MADE THEREUNDER. COMPENSATION WAS FIXED FOR EMPLOYEES OF THE GOVERNMENT WITHIN THE DISTRICT OF COLUMBIA. AN APPROPRIATION WAS MADE "TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND. THE SALARIES OR COMPENSATION FIXED PURSUANT TO THE CLASSIFICATION ACT IS FIXED BY LAW.

A-7322, JANUARY 15, 1925, 4 COMP. GEN. 607

TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES OF THE VETERANS' BUREAU IN THE ABSENCE OF SPECIFIC LEGISLATIVE AUTHORITY THEREFOR, THE COST OF PACKING, CRATING, HAULING, AND TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES OF THE VETERANS' BUREAU UPON PERMANENT CHANGE OF STATION MAY NOT BE PAID FROM APPROPRIATED FUNDS.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR UNITED STATES VETERANS' BUREAU, JANUARY 15, 1925:

I HAVE YOUR LETTER OF JANUARY 2, 1925, REQUESTING DECISION WHETHER THE PERSONNEL APPOINTED AND EMPLOYED IN THE UNITED STATES VETERANS' BUREAU UNDER THE EXECUTIVE ORDER OF JUNE 7, 1924, WHEN TRANSFERRED FOR THE GOOD OF THE SERVICE FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY MAY, WITHIN THE DISCRETION AND UNDER THE WRITTEN INSTRUCTIONS OF THE DIRECTOR, ISSUED IN ADVANCE, BE ALLOWED ACTUAL AND NECESSARY EXPENSES FOR PACKING, CRATING, AND BOXING NOT TO EXCEED $2 PER HUNDRED POUNDS OF FREIGHT, AND TRANSPORTATION CHARGES FOR THE TRANSFER OF THEIR HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY USED IN OFFICIAL WORK NOT TO EXCEED 7,200 POUNDS.

UNDER THE EXECUTIVE ORDER REFERRED TO CERTAIN PHYSICIANS THERETOFORE OFFICERS OF THE PUBLIC HEALTH SERVICE RESERVE ON ACTIVE DUTY AND UNDER DETAIL TO THE VETERANS' BUREAU WERE AUTHORIZED TO BE EMPLOYED UNDER THE VETERANS' BUREAU WITHOUT REGARD TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND REGULATIONS MADE THEREUNDER.

BY THE ACT OF MARCH 4, 1923, 42 STAT. 1488, COMPENSATION WAS FIXED FOR EMPLOYEES OF THE GOVERNMENT WITHIN THE DISTRICT OF COLUMBIA, SEE SECTION 2, ACT OF JUNE 7, 1924, 43 STAT. 533, LIMITING THE APPROPRIATION FOR THE VETERANS' BUREAU, AMONG OTHERS, TO PAYMENT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT. BY THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, AN APPROPRIATION WAS MADE "TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA," INCLUDING "FOR SALARIES AND EXPENSES, UNITED STATES VETERANS' BUREAU, $1,225,000.'

THE SALARIES OR COMPENSATION FIXED PURSUANT TO THE CLASSIFICATION ACT IS FIXED BY LAW. SECTION 1765, REVISED STATUTES, PROVIDES:

NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY, OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW, AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION.

PACKING, CRATING, AND SHIPMENT OF HOUSEHOLD GOODS AT THE EXPENSE OF THE GOVERNMENT WHERE AUTHORIZED BY LAW IS AN ALLOWANCE AND WHERE NOT SO AUTHORIZED WOULD BE AN "EXTRA ALLOWANCE" WITHIN THE TERMS OF SECTION 1765, REVISED STATUTES. 15 COMP. DEC. 731; 19 ID. 758. SEE ALSO 3 COMP. GEN. 888 AND 129; 1 ID. 98.

THE APPROPRIATION FOR THE VETERANS' BUREAU FOR THE CURRENT YEAR, ACT OF JUNE 7, 1924, 43 STAT. 531, IS AVAILABLE FOR "ALLOWANCES, WHERE APPLICABLE," SO DRAWN TO PROVIDE FOR ALLOWANCES FOR OFFICERS OF THE PUBLIC HEALTH SERVICE RESERVE THERETOFORE DETAILED TO THE VETERANS' BUREAU AND THE AUTHORITY FOR WHOSE DETAIL WAS BY THE ACT OF THE SAME DATE, 43 STAT. 607, REPEALED. UPON THEIR APPOINTMENT UNDER THE EXECUTIVE ORDER OF JUNE 7, 1924, THEY BECAME CIVILIAN EMPLOYEES AND THE APPROPRIATION PROVIDES ONLY TRAVEL EXPENSES FOR SUCH EMPLOYEES.

YOU ARE THEREFORE ADVISED THAT AN ORDER OR REGULATION SUCH AS SUGGESTED PROVIDING FOR THE PACKING, CRATING, AND SHIPMENT OF HOUSEHOLD GOODS OF CIVILIAN EMPLOYEES OF THE VETERANS' BUREAU, INCLUDING THOSE APPOINTED UNDER THE EXECUTIVE ORDER OF JUNE 7, 1924, ON CHANGE OF STATION, WOULD BE CONTRARY TO LAW.