A-76495, JUNE 24, 1936, 15 COMP. GEN. 1125

A-76495: Jun 24, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

UNLESS THE APPROPRIATION FROM WHICH ADVANCED IS. 1936 AS FOLLOWS: I UNDERSTAND THAT THERE IS INCLUDED IN THE PENDING FIRST DEFICIENCY ACT. SHALL BE ACCOMPLISHED BY TRANSFER APPROPRIATION WARRANT AND SHALL HAVE NO LONGER PERIOD OF AVAILABILITY FOR OBLIGATION THAN THE APPROPRIATION FROM WHICH SUCH ADVANCE PAYMENTS ARE MADE.'. IT WILL BE APPRECIATED IF YOU WILL ADVISE ME WHETHER. IN CASE SUCH A PROVISION IS INCLUDED IN THE ACT WHEN PASSED BY THE CONGRESS. IT WILL APPLY TO ADVANCES MADE UNDER THE PROVISIONS OF TITLE VI. SEC. 8) IS AS FOLLOWS: AFTER JUNE 30. SHALL HAVE NO LONGER PERIOD OF AVAILABILITY FOR OBLIGATION THAN SAID PROVISION IS DIRECTED TO THE MATTER OF THE AVAILABILITY. IT IS TO THE EFFECT THAT AFTER JUNE 30.

A-76495, JUNE 24, 1936, 15 COMP. GEN. 1125

ADVANCE PAYMENTS FOR INTERDEPARTMENTAL WORK - OBLIGATION AVAILABILITY LIMITATION - ACT, JUNE 22, 1936 PURSUANT TO SECTION 8 OF THE ACT OF JUNE 22, 1936, 49 STAT. 1648, FUNDS ADVANCED FOR INTERDEPARTMENTAL WORK PURSUANT TO TITLE VI, PART II, OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, CEASE TO BE AVAILABLE FOR OBLIGATION AT THE CLOSE OF BUSINESS ON JUNE 30, 1936, UNLESS THE APPROPRIATION FROM WHICH ADVANCED IS, BY ITS TERMS, AVAILABLE FOR OBLIGATION AFTER SAID DATE, IN WHICH EVENT AVAILABILITY CONTINUES SO LONG AS THE APPROPRIATION REMAINS AVAILABLE.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, JUNE 24, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 29, 1936 AS FOLLOWS:

I UNDERSTAND THAT THERE IS INCLUDED IN THE PENDING FIRST DEFICIENCY ACT, FISCAL YEAR 1936, THE FOLLOWING OR A SIMILAR PROVISION:

"AFTER JUNE 30, 1936, ADVANCE PAYMENTS UNDER THE PROVISIONS OF TITLE VI, PART II, OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933, SHALL BE ACCOMPLISHED BY TRANSFER APPROPRIATION WARRANT AND SHALL HAVE NO LONGER PERIOD OF AVAILABILITY FOR OBLIGATION THAN THE APPROPRIATION FROM WHICH SUCH ADVANCE PAYMENTS ARE MADE.'

IT WILL BE APPRECIATED IF YOU WILL ADVISE ME WHETHER, IN CASE SUCH A PROVISION IS INCLUDED IN THE ACT WHEN PASSED BY THE CONGRESS, IT WILL APPLY TO ADVANCES MADE UNDER THE PROVISIONS OF TITLE VI, PART II, OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933, ON OR BEFORE JUNE 30, 1936, OR ONLY TO SUCH ADVANCES AS MAY BE MADE ON OR AFTER JULY 1, 1936.

I INFER FROM THE WORDING OF THE ABOVE QUOTED PROVISION THAT IT WOULD APPLY ONLY TO ADVANCES MADE ON OR AFTER JULY 1, 1936, BUT WOULD APPRECIATE YOUR DECISION ON THE POINT FOR THE GUIDANCE OF THIS ADMINISTRATION.

I INFER FROM THE WORDING OF THE ABOVE QUOTED PROVISION THAT IT WOULD APPLY ONLY TO ADVANCES MADE ON OR AFTER JULY 1, 1936, BUT WOULD APPRECIATE YOUR DECISION ON THE POINT FOR THE GUIDANCE OF THIS ADMINISTRATION.

THE PROVISION OF LAW IN QUESTION AS ENACTED BY THE FIRST DEFICIENCY ACT OF JUNE 22, 1936 (49 STAT. 1648, SEC. 8) IS AS FOLLOWS:

AFTER JUNE 30, 1936, ADVANCE PAYMENTS UNDER THE PROVISIONS OF TITLE VI, PART II, OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933, SHALL HAVE NO LONGER PERIOD OF AVAILABILITY FOR OBLIGATION THAN

SAID PROVISION IS DIRECTED TO THE MATTER OF THE AVAILABILITY--- FOR OBLIGATING--- OF FUNDS ADVANCED PURSUANT TO TITLE VI, PART II, OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933, AND IT IS TO THE EFFECT THAT AFTER JUNE 30, 1936, THE FUNDS INVOLVED IN SUCH ADVANCE PAYMENTS SHALL BE AVAILABLE FOR OBLIGATING ONLY FOR THE PERIOD "THE APPROPRIATION FROM WHICH SUCH ADVANCE PAYMENTS ARE MADE" MAY BE AVAILABLE FOR OBLIGATING. THE INTENT OF THE LAW APPEARS CLEARLY TO BE THAT AT THE CLOSE OF BUSINESS ON JUNE 30, 1936, ALL FUNDS ADVANCED PURSUANT TO TITLE VI, PART II, OF THE ACT OF JUNE 30, 1932 (47 STAT. 417), CEASE TO BE AVAILABLE FOR OBLIGATING UNLESS THE APPROPRIATION FROM WHICH THE FUNDS WERE TAKEN IS, BY ITS TERMS, MADE AVAILABLE FOR OBLIGATING AFTER SAID DATE, IN WHICH EVENT THE FUNDS SO ADVANCED WILL CONTINUE AVAILABLE FOR OBLIGATING FOR THE SAME PERIOD FOR WHICH THE APPROPRIATION FROM WHICH TAKEN CONTINUES AVAILABLE FOR OBLIGATING.