A-8862, APRIL 14, 1925, 4 COMP. GEN. 851

A-8862: Apr 14, 1925

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CLASSIFICATION OF CIVILIAN EMPLOYEES-JUSTICE DEPARTMENT THE CLASSIFICATION ACT IS EQUALLY APPLICABLE TO TEMPORARY APPROPRIATIONS FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AS TO ANNUAL OR PERMANENT APPROPRIATIONS. THE TEMPORARY CHARACTER OF AN APPROPRIATION DOES NOT JUSTIFY OR AUTHORIZE CLASSING IT AS A SEPARATE UNIT IN SO FAR AS PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE CONCERNED. " WHICH IS EXCLUDED FROM CLASSIFICATION. 1925: I HAVE YOUR LETTER OF APRIL 1. ARE UNDER THE MAJOR OR GENERAL HEADING AND SUB ITEMS AS FOLLOWS: OFFICE OF THE ATTORNEY GENERAL. THE DECISIONS OF THIS OFFICE IN SUBSTANCE HAVE HELD THAT ORDINARILY THE RESPECTIVE BUREAUS IN A DEPARTMENT ARE THE UNITS WITHIN THE MEANING OF THE AVERAGE PROVISION IN THE ABSENCE OF A SPECIFIC SHOWING THAT A BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR AND UNRELATED ACTIVITIES. 4 COMP.

A-8862, APRIL 14, 1925, 4 COMP. GEN. 851

CLASSIFICATION OF CIVILIAN EMPLOYEES-JUSTICE DEPARTMENT THE CLASSIFICATION ACT IS EQUALLY APPLICABLE TO TEMPORARY APPROPRIATIONS FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AS TO ANNUAL OR PERMANENT APPROPRIATIONS, AND TO TEMPORARY POSITIONS AS WELL AS PERMANENT, AND THE TEMPORARY CHARACTER OF AN APPROPRIATION DOES NOT JUSTIFY OR AUTHORIZE CLASSING IT AS A SEPARATE UNIT IN SO FAR AS PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE CONCERNED. ALL APPROPRIATION ITEMS UNDER THE DEPARTMENT OF JUSTICE IN THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1025, PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1926, CONSTITUTE "ONE BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION RELATING TO THE CLASSIFICATION OF CIVILIAN EMPLOYEES, EXCEPT "CONDUCT OF CUSTOMS CASES," WHICH IS EXCLUDED FROM CLASSIFICATION, AND "INSPECTION OF PRISONS AND PRISONERS," WHICH MAY BE CONSIDERED A SEPARATE AND DISTINCT UNIT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, APRIL 14, 1925:

I HAVE YOUR LETTER OF APRIL 1, 1925, REQUESTING DECISION WHETHER THE SEVERAL ITEMS OF APPROPRIATIONS PROVIDING FOR PERSONAL SERVICES UNDER THE DEPARTMENT OF JUSTICE IN THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1926, ACT OF FEBRUARY 27, 1925, 43 STAT. 1025, MAY BE CONSIDERED AS CONSTITUTING A SINGLE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS FOR PERSONAL SERVICES IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

APPROPRIATIONS FOR THE FISCAL YEAR 1926, UNDER THE DEPARTMENT OF JUSTICE, IN SO FAR AS THEY PROVIDE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, ARE UNDER THE MAJOR OR GENERAL HEADING AND SUB ITEMS AS FOLLOWS:

OFFICE OF THE ATTORNEY GENERAL.

MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE:

CONDUCT OF CUSTOMS CASES.

DETECTION AND PROSECUTION OF CRIMES.

ENFORCEMENT OF ANTITRUST LAWS.

ENFORCEMENT OF ACTS TO REGULATE COMMERCE.

INVESTIGATION AND PROSECUTION OF WAR FRAUDS. MARSHALS, DISTRICT ATTORNEYS, CLERKS, AND OTHER EXPENSES OF UNITED STATES COURTS: FOR ASSISTANTS TO THE ATTORNEY GENERAL AND TO UNITED STATES DISTRICT ATTORNEYS EMPLOYED BY THE ATTORNEY GENERAL TO AID IN SPECIAL CASES, INCLUDING NOT TO EXCEED $60,180 FOR CLERICAL HELP FOR SUCH ASSISTANTS IN THE DISTRICT OF COLUMBIA. PENAL INSTITUTIONS: INSPECTION OF PRISONS AND PRISONERS.

THE DECISIONS OF THIS OFFICE IN SUBSTANCE HAVE HELD THAT ORDINARILY THE RESPECTIVE BUREAUS IN A DEPARTMENT ARE THE UNITS WITHIN THE MEANING OF THE AVERAGE PROVISION IN THE ABSENCE OF A SPECIFIC SHOWING THAT A BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR AND UNRELATED ACTIVITIES. 4 COMP. GEN. 167; ID. 497; ID. 678; ID. 703; DECISION OF MARCH 7, 1925, A-7865; AND DECISION OF MARCH 27, 1925, A- 8477.

THERE ARE NO BUREAU ORGANIZATIONS UNDER THE DEPARTMENT OF JUSTICE AS THAT TERM IS ORDINARILY UNDERSTOOD, SO THAT HERE IS A QUESTION WHETHER THE AMOUNTS APPROPRIATED UNDER ANY OF THE INDIVIDUAL HEADINGS OR ITEMS OF APPROPRIATIONS CONSTITUTE THE "UNIT," WHETHER SEVERAL ITEMS SHOULD BE GROUPED, OR WHETHER THERE IS ONE UNIT FOR THE DEPARTMENT OF JUSTICE.

THERE IS UNQUESTIONABLY A COMMON PURPOSE IN ALL THE WORK PROVIDED FOR UNDER EACH OF THE ITEMS THAT HAVE TO DO WITH THE ENFORCEMENT OF THE LAWS OF THE UNITED STATES. THE DIFFERENCE IN THE LAWS TO BE ENFORCED OR VIOLATIONS THEREOF TO BE PROSECUTED DOES NOT JUSTIFY OR AUTHORIZE A DIVISION OF THE PERSONNEL INTO SEPARATE UNITS. THE RESTRICTION OF THE AVERAGE PROVISION MAY BE APPLIED PROPERLY ONLY BY GROUPING ALL THE PERSONNEL ENGAGED IN THE ENFORCEMENT AND PROSECUTION OF VIOLATIONS OF ALL THE LAWS PROVIDED IN THE SEVERAL APPROPRIATION ITEMS INTO ONE UNIT, WHEREIN COMPARISON OF EFFICIENCY MAY PROPERLY DETERMINE PROMOTIONS, DEMOTIONS, AND DISMISSALS.

UNDER THE ITEM "CONDUCT OF CUSTOMS CASES," IT IS PROVIDED:

* * * SPECIAL ATTORNEYS AND COUNSELORS AT LAW IN THE CONDUCT OF CUSTOMS CASES, TO BE EMPLOYED AND THEIR COMPENSATION FIXED BY THE ATTORNEY GENERAL AS AUTHORIZED BY SUBSECTION 30 OF SECTION 28 OF THE ACT OF AUGUST 5, 1909; NECESSARY CLERICAL ASSISTANCE AND OTHER EMPLOYEES AT THE SEAT OF GOVERNMENT AND ELSEWHERE, TO BE EMPLOYED AND THEIR COMPENSATION FIXED BY THE ATTORNEY GENERAL * * *.

THE CLASSIFICATION ACT IS NOT APPLICABLE TO ATTORNEYS AND EMPLOYEES ENGAGED UNDER THIS HEADING FOR THE REASON THAT THE EMPLOYMENT AND FIXING OF SALARIES HAS OTHERWISE BEEN EXPRESSLY PROVIDED FOR. SEE IN THIS CONNECTION THE BUDGET, 1926, PAGE 566.

YOU STATE IN YOUR SUBMISSION AS FOLLOWS:

WHILE THE APPROPRIATION "INVESTIGATION AND PROSECUTION OF WAR FRAUDS" MIGHT WELL IN OUR JUDGMENT BE BROUGHT WITHIN THE PROPOSED PLAN, YET IT IS NOT DEEMED DESIRABLE TO DO SO FOR THE REASON THAT THE WAR FRAUDS ORGANIZATION IS ONE OF A TEMPORARY CHARACTER COMPOSED IN LARGE DEGREE OF FIELD EMPLOYEES AND IS AND WILL CONTINUE TO BE HANDLED AS A SEPARATE ORGANIZATION.

THE CLASSIFICATION ACT IS EQUALLY AS APPLICABLE TO TEMPORARY APPROPRIATIONS PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AS TO ANNUAL OR PERMANENT APPROPRIATIONS SO PROVIDING, AND TO TEMPORARY POSITIONS OR EMPLOYMENTS AS WELL AS PERMANENT, UNLESS EXPRESSLY EXCEPTED. THE TEMPORARY CHARACTER OF THIS APPROPRIATION, AND THE USE OF A PORTION THEREOF FOR FIELD WORK DOES NOT JUSTIFY OR AUTHORIZE CLASSING IT AS A SEPARATE UNIT IN SO FAR AS PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA ARE CONCERNED.

THE WORK PROVIDED FOR UNDER THE APPROPRIATION ITEM "INSPECTION OF PRISONS AND PRISONERS," IS UNRELATED TO THE ENFORCEMENT OF THE LAWS OF THE UNITED STATES. THIS ITEM MAY, THEREFORE, BE CONSIDERED AS A SEPARATE AND DISTINCT ITEM.

TO SUMMARIZE--- ALL APPROPRIATION ITEMS UNDER THE DEPARTMENT OF JUSTICE IN THE ACT OF FEBRUARY 27, 1925, FOR THE FISCAL YEAR 1926, PROVIDING FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA CONSTITUTE ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION, EXCEPT "CONDUCT OF CUSTOMS CASES" WHICH IS EXCLUDED FROM CLASSIFICATION, AND ,INSPECTION OF PRISONS AND PRISONERS" WHICH MAY BE CONSIDERED AS A SEPARATE AND DISTINCT UNIT.