A-7794, FEBRUARY 9, 1925, 4 COMP. GEN. 678

A-7794: Feb 9, 1925

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1925: I HAVE YOUR LETTER OF JANUARY 31. AUTHORITY SIMILAR TO THAT GIVEN FOR THE OFFICE OF THE QUARTERMASTER GENERAL IS GIVEN FOR THE OFFICES OF THE CHIEF OF ORDNANCE. DECISION IS REQUESTED WHETHER. THE ADDITIONAL AMOUNTS ARE CLEARLY SUPPLEMENTAL TO AND FOR THE SAME GENERAL PURPOSE AS THE REGULAR ITEM FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. IT IS EVIDENT THEN THAT THE AGGREGATE AMOUNT IN EACH INSTANCE OF THE REGULAR ITEM AND THE ADDITIONAL AMOUNT PROVIDED IN SUPPLEMENT THEROF FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA CONSTITUTE ONE "BUREAU.

A-7794, FEBRUARY 9, 1925, 4 COMP. GEN. 678

CLASSIFICATION OF CIVILIAN EMPLOYEES - UNIT OF APPROPRIATION - WAR DEPARTMENT THE AGGREGATE AMOUNT OF THE REGULAR APPROPRIATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND THE ADDITIONAL AMOUNT FROM FIELD SERVICE OR OTHER APPROPRIATIONS MADE AVAILABLE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE FOLLOWING OFFICE HEADINGS OF THE WAR DEPARTMENT, CONSTITUTE IN EACH INSTANCE A "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION APPEARING IN THE ACT OF JUNE 7, 1924, 43 STAT. 478: OFFICE OF THE CHIEF OF FINANCE. OFFICE OF THE QUARTERMASTER GENERAL. OFFICE OF CHIEF OF ORDNANCE. OFFICE OF THE CHIEF OF AIR SERVICE. OFFICE OF CHIEF OF CHEMICAL WARFARE SERVICE. OFFICE OF CHIEF OF ENGINEERS. OFFICE OF THE CHIEF SIGNAL OFFICER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 9, 1925:

I HAVE YOUR LETTER OF JANUARY 31, 1925, AS FOLLOWS:

THE WAR DEPARTMENT APPROPRIATION ACT FOR THE CURRENT FISCAL YEAR PROVIDES, FOR THE OFFICE OF THE CHIEF OF FINANCE, $318,720 "FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923.'" THE ACT ALSO APPROPRIATES $1,454,000 FOR COMPENSATION OF CLERKS AND OTHER EMPLOYEES IN THE FIELD SERVICE OF THE FINANCE DEPARTMENT AND PROVIDES "THAT $500,000 OF THIS AMOUNT SHALL BE AVAILABLE ONLY FOR THE COMPENSATION AND TRAVELING EXPENSES OF CLERKS AND OTHER EMPLOYEES ENGAGED ON WORK PERTAINING TO THE AUDIT OF WORLD WAR CONTRACTS, AND OF THIS AMOUNT NOT TO EXCEED $25,000 SHALL BE AVAILABLE FOR PERSONAL SERVICES IN THE OFFICE OF THE CHIEF OF FINANCE WAR DEPARTMENT.'

FOR THE OFFICE OF THE QUARTERMASTER GENERAL THE ACT APPROPRIATES "FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," $586,280," AND PROVIDES THAT "IN ADDITION TO THE FOREGOING EMPLOYEES APPROPRIATED FOR IN THE OFFICE OF THE QUARTERMASTER GENERAL, THE SERVICES OF TECHNICAL EXPERTS AND SUCH OTHER SERVICES AS THE SECRETARY OF WAR MAY DEEM NECESSARY MAY BE EMPLOYED IN THE OFFICE OF THE QUARTERMASTER GENERAL, TO BE PAID FROM THE APPROPRIATION FOR "INCIDENTAL EXPENSES OF THE ARMY: " PROVIDED, THAT THE ENTIRE EXPENDITURES FOR THIS PURPOSE FOR THE FISCAL YEAR 1925 SHALL NOT EXCEED $16,300.'

AUTHORITY SIMILAR TO THAT GIVEN FOR THE OFFICE OF THE QUARTERMASTER GENERAL IS GIVEN FOR THE OFFICES OF THE CHIEF OF ORDNANCE, CHIEF OF AIR SERVICE, CHIEF OF THE CHEMICAL WARFARE SERVICE, CHIEF OF ENGINEERS, AND CHIEF SIGNAL OFFICER.

DECISION IS REQUESTED WHETHER, IN EACH OF THESE CASES, THE FORCE OF EMPLOYEES PAID FROM THE ALLOTMENT OF FIELD FUNDS THUS PROVIDED CONSTITUTES A SEPARATE APPROPRIATION UNIT FROM THE REGULAR FORCE PAID FROM THE DEPARTMENTAL APPROPRIATION FOR THE BUREAU WITHIN THE MEANING OF THE RESTRICTION IMPOSED BY THE APPROPRIATION ACT THAT "THE AVERAGE OF THE SALARIES OF THE TOTAL NUMBER OF PERSONS UNDER ANY GRADE OR CLASS THEREOF IN ANY BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT SHALL NOT AT ANY TIME EXCEED THE AVERAGE OF THE COMPENSATION RATES SPECIFIED FOR THE GRADE BY SUCH ACT.'

THE ACT OF JUNE 7, 1924, 43 STAT. 478, APPROPRIATING FOR THE MILITARY ACTIVITIES AND OTHER EXPENSES OF THE WAR DEPARTMENT CONTAINS THE "AVERAGE" PROVISION RELATIVE TO EXPENDITURE OF FUNDS PROVIDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, COMMON TO OTHER APPROPRIATIONS FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THIS AVERAGE PROVISION SPECIFIES AS A BASIS FOR DETERMINING THE SALARY AVERAGE OF ALL PERSONS WITHIN A GRADE THE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT.' THE INTENT OF CONGRESS BY THE USE OF THIS PHRASE HAS HERETOFORE BEEN GENERALLY STATED. 3 COMP. GEN. 1001; 4 ID. 167; ID. 342; ID. 497.

IN YOUR PRESENT SUBMISSION YOU MENTION SEVEN OFFICES IN THE WAR DEPARTMENT. FOR EACH OF THESE OFFICES THE APPROPRIATION HAS PROVIDED AN AMOUNT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," AND ALSO IN EACH INSTANCE AN ADDITIONAL AMOUNT FROM A FIELD SERVICE OR OTHER APPROPRIATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THE ADDITIONAL AMOUNTS ARE CLEARLY SUPPLEMENTAL TO AND FOR THE SAME GENERAL PURPOSE AS THE REGULAR ITEM FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. IT IS EVIDENT THEN THAT THE AGGREGATE AMOUNT IN EACH INSTANCE OF THE REGULAR ITEM AND THE ADDITIONAL AMOUNT PROVIDED IN SUPPLEMENT THEROF FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA CONSTITUTE ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION.