A-9897, JUNE 30, 1925, 4 COMP. GEN. 1075

A-9897: Jun 30, 1925

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1925: I HAVE YOUR LETTER OF MAY 26. THE DECISIONS OF THIS OFFICE 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 THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR OF UNRELATED ACTIVITIES. 4 COMP. THE TWO ITEMS IN QUESTION APPEAR TO HAVE BEEN PROVIDED FOR THE SAME OR A SIMILAR PURPOSE HAVING RELATION TO THE WORK OF THE OFFICE OF THE TREASURER OF THE UNITED STATES. THE FACT THAT THE FUNDS PROVIDED UNDER THE SECOND ITEM ARE DERIVED BY REIMBURSEMENT FROM FEDERAL RESERVE AND NATIONAL BANKS IS NOT CONTROLLING SINCE IT DOES NOT APPEAR THAT THE EMPLOYEES PAID FROM SAID FUNDS ARE ENGAGED ON WORK ESSENTIALLY DIFFERENT FROM AND UNRELATED TO THE WORK OF THE OTHER EMPLOYEES IN THE TREASURER'S OFFICE.

A-9897, JUNE 30, 1925, 4 COMP. GEN. 1075

CLASSIFICATION OF CIVILIAN EMPLOYEES - UNIT OF APPROPRIATION THE TOTAL AMOUNT OF FUNDS APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE HEADING "OFFICE OF TREASURER OF THE UNITED STATES," BY THE ACT OF APRIL 4, 1924, 43 STAT. 70, AND THE ACT OF JANUARY 22, 1925, 43 STAT. 770, CONSTITUTES ONE "BUREAU OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS OF COMPENSATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, SUBJECT TO THE CLASSIFICATION ACT OF 1923.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JUNE 30, 1925:

I HAVE YOUR LETTER OF MAY 26, 1925, REQUESTING DECISION WHETHER THE TWO APPROPRIATION ITEMS PROVIDED UNDER THE HEADING "OFFICE OF TREASURER OF THE UNITED STATES" CONSTITUTE ONE "BUREAU, OFFICE OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION RESTRICTING PAYMENTS OF COMPENSATION FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, SUBJECT TO THE CLASSIFICATION ACT. THE ACT OF APRIL 4, 1924, 43 STAT. 70, APPROPRIATING FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR 1925, PROVIDES AS FOLLOWS:

OFFICE OF TREASURER OF THE UNITED STATES

SALARIES: FOR TREASURER OF THE UNITED STATES, $8,000; FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE "CLASSIFICATION ACT OF 1923," $1,084,000; IN ALL, $1,092,000.

FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA, IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," IN REDEEMING FEDERAL RESERVE AND NATIONAL CURRENCY, $450,000, TO BE REIMBURSED BY THE FEDERAL RESERVE AND NATIONAL BANKS.

SEE ALSO THE SAME APPROPRIATION FOR THE FISCAL YEAR 1926, ACT OF JANUARY 22, 1925, 43 STAT. 770.

THE DECISIONS OF THIS OFFICE HAVE HELD, IN EFFECT, 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 THE BUREAU IS OPERATING UNDER TWO OR MORE APPROPRIATIONS PROVIDING FOR DISSIMILAR OF UNRELATED ACTIVITIES. 4 COMP. GEN. 167; ID. 497; ID.678; ID. 703; ID. 741; ID. 817; ID. 851. THE TWO ITEMS IN QUESTION APPEAR TO HAVE BEEN PROVIDED FOR THE SAME OR A SIMILAR PURPOSE HAVING RELATION TO THE WORK OF THE OFFICE OF THE TREASURER OF THE UNITED STATES, AND NOTHING HAS BEEN SUBMITTED TO THE CONTRARY. THE FACT THAT THE FUNDS PROVIDED UNDER THE SECOND ITEM ARE DERIVED BY REIMBURSEMENT FROM FEDERAL RESERVE AND NATIONAL BANKS IS NOT CONTROLLING SINCE IT DOES NOT APPEAR THAT THE EMPLOYEES PAID FROM SAID FUNDS ARE ENGAGED ON WORK ESSENTIALLY DIFFERENT FROM AND UNRELATED TO THE WORK OF THE OTHER EMPLOYEES IN THE TREASURER'S OFFICE.

YOU ARE ADVISED, THEREFORE, THAT THE TOTAL AMOUNT OF FUNDS APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE HEADING "OFFICE OF TREASURER OF THE UNITED STATES" CONSTITUTES ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION.

IT HAS BEEN ASCERTAINED THAT HERETOFORE THE TWO ITEMS HAVE BEEN CONSIDERED AS TWO SEPARATE APPROPRIATION UNITS. NECESSARY ADJUSTMENTS IN THE COMPENSATION OF EMPLOYEES WILL NOT BE REQUIRED TO BE MADE EFFECTIVE ON THE BASIS OF ONE APPROPRIATION UNIT FOR ANY PERIOD PRIOR TO JULY 1, 1925.