A-8477, MARCH 27, 1925, 4 COMP. GEN. 817

A-8477: Mar 27, 1925

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1925: I HAVE YOUR LETTER OF MARCH 11. THE DECISION WAS RENDERED ON THE BASIS OF THE GENERAL PROPOSITION THAT ORDINARILY THE BUREAU IS A "UNIT" IN THE ABSENCE OF A SPECIFIC SHOWING THAT THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR AND UNRELATED ACTIVITIES. 4 COMP. THERE ARE THREE APPROPRIATION ITEMS UNDER THE MAJOR HEADING "BUREAU OF NAVIGATION" PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. SUCH ACTIVITIES ARE UNRELATED TO THE NAVIGATION OF VESSELS. WHICH HAVE TO DO WITH THE OPERATION OF VESSELS. IN VIEW OF THIS ADDITIONAL SPECIFIC SHOWING AND THE FURTHER EXAMINATION OF THE CONTROLLING STATUTES THE APPROPRIATION "WIRELESS COMMUNICATION LAWS" WILL BE CONSIDERED AS CONSTITUTING A SEPARATE AND DISTINCT UNIT WITHIN THE MEANING OF THE AVERAGE PROVISION.

A-8477, MARCH 27, 1925, 4 COMP. GEN. 817

CLASSIFICATION OF CIVILIAN EMPLOYEES - UNIT OF APPROPRIATION - DEPARTMENT OF COMMERCE THE APPROPRIATION ITEM "WIRELESS COMMUNICATION LAWS," UNDER THE MAJOR HEADING "BUREAU OF NAVIGATION," DEPARTMENT OF COMMERCE, ACT OF MAY 28, 1924, 43 STAT. 229, CONSTITUTES A SEPARATE AND DISTINCT APPROPRIATION UNIT WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS FOR PERSONAL SERVICES UNDER THE DEPARTMENT OF COMMERCE IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923. 4 COMP. GEN. 342, MODIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, MARCH 27, 1925:

I HAVE YOUR LETTER OF MARCH 11, 1925, REQUESTING DECISION WHETHER THE APPROPRIATION ITEM ,WIRELESS COMMUNICATION LAWS," PROVIDED UNDER THE MAJOR HEADING "BUREAU OF NAVIGATION" IN THE ACT OF MAY 28, 1924, 43 STAT. 229, CONSTITUTES A "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1925, IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

THE DECISION OF OCTOBER 1, 1924, 4 COMP. GEN. 342, HELD THAT THE TOTAL AMOUNT APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE MAJOR HEADING "BUREAU OF NAVIGATION" CONSTITUTED THE BUREAU AS A UNIT WITHIN THE MEANING OF THE AVERAGE PROVISION. THE DECISION WAS RENDERED ON THE BASIS OF THE GENERAL PROPOSITION THAT ORDINARILY THE BUREAU IS A "UNIT" IN THE ABSENCE OF A SPECIFIC SHOWING THAT THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR AND UNRELATED ACTIVITIES. 4 COMP. GEN. 167; ID. 497; 4 COMP. GEN. 678. THERE ARE THREE APPROPRIATION ITEMS UNDER THE MAJOR HEADING "BUREAU OF NAVIGATION" PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, VIZ., "SALARIES," "PREVENTING OVERCROWDING OF PASSENGER VESSELS," AND "WIRELESS COMMUNICATION LAWS.' THE FIRST TWO CLEARLY RELATE TO THE NAVIGATION OF VESSELS AND CONSTITUTE A PART OF THE SAME UNIT. THE THIRD ITEM PROVIDES AS FOLLOWS:

WIRELESS COMMUNICATION LAWS: TO ENABLE THE SECRETARY OF COMMERCE TO ENFORCE THE ACTS OF CONGRESS "TO REQUIRE APPARATUS AND OPERATORS FOR RADIO COMMUNICATION ON CERTAIN OCEAN STEAMERS" AND "TO REGULATE RADIO COMMUNICATION" AND CARRY OUT THE INTERNATIONAL RADIO TELEGRAPHIC CONVENTION, EXAMINE AND SETTLE INTERNATIONAL RADIO ACCOUNTS INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND TO EMPLOY SUCH PERSONS AND MEANS AS MAY BE NECESSARY, TRAVELING AND SUBSISTENCE EXPENSES,PURCHASE AND EXCHANGE OF INSTRUMENTS, TECHNICAL BOOKS, TABULATING, DUPLICATING, AND OTHER OFFICE MACHINERY AND DEVICES, RENT AND ALL OTHER MISCELLANEOUS ITEMS AND NECESSARY EXPENSES NOT INCLUDED IN THE FOREGOING, INCLUDING THE TRANSFER FROM THE OFFICE OF THE DIRECTOR OF NAVAL COMMUNICATIONS TO THE DEPARTMENT OF COMMERCE OF MECHANICAL AND OFFICE EQUIPMENT AND SUPPLIES NOW IN USE IN CONNECTION WITH THE EXAMINATION AND SETTLEMENT OF INTERNATIONAL RADIO ACCOUNTS, $180,278.

THE ACT "TO REQUIRE APPARATUS AND OPERATORS FOR RADIO COMMUNICATION ON CERTAIN OCEAN STEAMERS," DATED JUNE 24, 1910, 36 STAT. 629, AS AMENDED BY THE ACT OF JULY 23, 1912, 37 STAT. 199, RELATES TO RADIO COMMUNICATION ON SEA AND THE REQUIREMENTS FOR VESSELS WITH RELATION THERETO. THE AMOUNT EXPENDED IN THE ENFORCEMENT OF THIS ACT, STANDING ALONE, MIGHT REASONABLY BY CONSIDERED AS RELATING TO NAVIGATION OF VESSELS, BUT THE APPROPRIATION ITEM, TO THE EXTENT OF THE GREATER PORTION THEREOF, ALSO PROVIDED FOR THE ENFORCEMENT OF THE ACT "TO REGULATE RADIO COMMUNICATION," DATED AUGUST 13, 1912, 37 STAT. 302. THIS HAS TO DO WITH RADIO COMMUNICATION ON LAND AS WELL AS ON SEA, THE LICENSING OF BROADCASTING STATIONS, ASSIGNMENT OF WAVE LENGTHS TO PREVENT INTERFERENCE, ETC. SUCH ACTIVITIES ARE UNRELATED TO THE NAVIGATION OF VESSELS.

WITH REFERENCE TO THE MATTER YOU STATE:

THE GREAT BULK OF THE WORK OF ENFORCING THE RADIO COMMUNICATION LAWSHAS TO DO WITH THE INSPECTION OF RADIO STATIONS AND THE EXAMINATION AND LICENSING OF OPERATORS OF THOSE STATIONS. IT HAS NO DIRECT OR INDIRECT CONNECTION WITH THE ADMINISTRATION OF THE NAVIGATION LAWS, WHICH HAVE TO DO WITH THE OPERATION OF VESSELS.

IN VIEW OF THIS ADDITIONAL SPECIFIC SHOWING AND THE FURTHER EXAMINATION OF THE CONTROLLING STATUTES THE APPROPRIATION "WIRELESS COMMUNICATION LAWS" WILL BE CONSIDERED AS CONSTITUTING A SEPARATE AND DISTINCT UNIT WITHIN THE MEANING OF THE AVERAGE PROVISION.