B-110804, JULY 23, 1952, 32 COMP. GEN. 47

B-110804: Jul 23, 1952

Additional Materials:

Contact:

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

 

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

THAT THE FUNCTIONS HERETOFORE EXERCISED BY SUCH AGENCIES ARE TRANSFERRED TO THAT DEPARTMENT. THERE IS NO AUTHORITY FOR THE TRANSFER TO THE SAID DEPARTMENT OF THE PERSONNEL. IF SOME PART OR ALL OF THE FUNCTIONS AND THE EXISTING AGENCY ARE ENTIRELY ABOLISHED AND ARE NOT ASSUMED BY ANY NEW OFFICE A CORRESPONDING PROPORTIONATE PART OF THE FUNDS OF SUCH AGENCY CAN NO LONGER BE USED FOR THE PURPOSES FOR WHICH ORIGINALLY APPROPRIATED AND THEIR USE FOR ANY OTHER PURPOSE IS PROHIBITED BY SECTION 4 (4) OF THE REORGANIZATION ACT OF 1949. PERSONNEL FOR WHICH APPROPRIATIONS HAVE BEEN MADE FOR THE DISTRICT OF COLUMBIA AGENCIES LISTED IN SECTION 1 OF REORGANIZATION PLAN NO. 5 MAY BE TRANSFERRED TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION TO THE EXTENT THAT FUNCTIONS THERETOFORE PERFORMED BY SUCH PERSONNEL ARE TRANSFERRED TO THAT DEPARTMENT.

B-110804, JULY 23, 1952, 32 COMP. GEN. 47

APPROPRIATIONS - TRANSFERS - WITHIN DEPARTMENTS AND ESTABLISHMENTS - REORGANIZATION OF DISTRICT OF COLUMBIA GOVERNMENT FUNDS PROVIDED BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1953, MAY BE TRANSFERRED FROM THE APPROPRIATIONS OF THE DISTRICT AGENCIES LISTED IN SECTION 1 OF REORGANIZATION PLAN NO. 5 TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION TO THE EXTENT, AS DETERMINED BY THE BOARD OF COMMISSIONERS, THAT THE FUNCTIONS HERETOFORE EXERCISED BY SUCH AGENCIES ARE TRANSFERRED TO THAT DEPARTMENT; HOWEVER, THERE IS NO AUTHORITY FOR THE TRANSFER TO THE SAID DEPARTMENT OF THE PERSONNEL, PROPERTY, OR FUNDS OF AGENCIES NOT LISTED IN SECTION 1 OR OF THE BOARD OF TAX APPEALS. THE TRANSFER OF THE FUNCTIONS OF THE DISTRICT OF COLUMBIA AGENCIES LISTED IN SECTION 1, REORGANIZATION PLAN NO. 5 TO THE BOARD OF COMMISSIONERS AUTHORIZES THE BOARD TO TRANSFER THOSE FUNCTIONS AND THE RELATED PERSONNEL, PROPERTY, AND FUNDS TO EXISTING AGENCIES INCLUDING NEWLY CREATED AGENCIES; HOWEVER, IF SOME PART OR ALL OF THE FUNCTIONS AND THE EXISTING AGENCY ARE ENTIRELY ABOLISHED AND ARE NOT ASSUMED BY ANY NEW OFFICE A CORRESPONDING PROPORTIONATE PART OF THE FUNDS OF SUCH AGENCY CAN NO LONGER BE USED FOR THE PURPOSES FOR WHICH ORIGINALLY APPROPRIATED AND THEIR USE FOR ANY OTHER PURPOSE IS PROHIBITED BY SECTION 4 (4) OF THE REORGANIZATION ACT OF 1949. PERSONNEL FOR WHICH APPROPRIATIONS HAVE BEEN MADE FOR THE DISTRICT OF COLUMBIA AGENCIES LISTED IN SECTION 1 OF REORGANIZATION PLAN NO. 5 MAY BE TRANSFERRED TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION TO THE EXTENT THAT FUNCTIONS THERETOFORE PERFORMED BY SUCH PERSONNEL ARE TRANSFERRED TO THAT DEPARTMENT.

ACTING COMPTROLLER GENERAL YATES TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 23, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1952, REQUESTING A DECISION ON THE FOLLOWING QUESTIONS:

1. MAY FUNDS CONTAINED IN THE 1953 D.C. APPROPRIATION ACT, APPROVED JULY 5, 1952, BE TRANSFERRED TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION, AS DEEMED NECESSARY BY THE COMMISSIONERS TO CARRY OUT THE REORGANIZATION PLAN NO. 5 OF 1952, FROM APPROPRIATIONS OF:

A. AGENCIES LISTED IN THE PLAN?

B. AGENCIES NOT MENTIONED SPECIFICALLY IN THE REORGANIZATION PLAN,

SUCH AS THE BOARD OF EDUCATION, FREE PUBLIC LIBRARY, AND THE

RECREATION BOARD?

2. MAN THE COMMISSIONERS UTILIZE THE VARIOUS APPROPRIATIONS ON A REIMBURSABLE BASIS, FOR THE PURPOSE OF ESTABLISHING THE DEPARTMENT OF GENERAL ADMINISTRATION INCLUDING SUCH SUBORDINATE OFFICES AS THE COMMISSIONERS MAY DETERMINE TO BE NECESSARY?

3. MAY THE COMMISSIONERS USE, IN CONNECTION WITH NEW OFFICES, SAVINGS RESULTING FROM: CONSOLIDATING, STREAMLINING OR ABOLISHING EXISTING FUNCTIONS OR AGENCIES?

A. CONSOLIDATION OF EXISTING AGENCIES?

B. ABOLISHING OF EXISTING AGENCIES OR FUNCTIONS?

4. MAY PERSONNEL FOR WHICH APPROPRIATIONS HAVE BEEN MADE BE TRANSFERRED FROM EXISTING AGENCIES TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION, FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THE REORGANIZATION PLAN?

REORGANIZATION PLAN NO. 5 OF 1952, 66 STAT.--- , WHICH WAS TRANSMITTED TO THE CONGRESS BY THE PRESIDENT ON MAY 1, 1952, AND BECAME EFFECTIVE JULY 1, 1952, ABOLISHED SOME 95 NAMED OFFICES AND AGENCIES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, AND TRANSFERRED ALL FUNCTIONS THEREOF TO THE BOARD OF COMMISSIONERS. SECTION 4 OF THE PLAN ESTABLISHED AS MANY AGENCIES AND OFFICES IN THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AS MIGHT BE DETERMINED BY THE BOARD OF COMMISSIONERS, AND SECTION 5 AUTHORIZED THE BOARD TO EFFECT TRANSFERS OF SUCH PERSONNEL, PROPERTY, RECORDS, AND FUNDS RELATING TO FUNCTIONS TRANSFERRED AS THE BOARD MIGHT DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THE PLAN. SECTION 5 OF THE PLAN WAS DRAFTED PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE REORGANIZATION ACT OF 1949, WHICH DIRECTS THAT ANY REORGANIZATION PLAN SHALL MAKE PROVISION FOR THE TRANSFER OR OTHER DISPOSITION OF THE RECORDS, PROPERTY, AND PERSONNEL AFFECTED AND---

* * * FOR THE TRANSFER OF SUCH UNEXPECTED BALANCES OF APPROPRIATIONS, AND OF OTHER FUNDS AVAILABLE FOR USE IN CONNECTION WITH ANY FUNCTION OR AGENCY AFFECTED BY A REORGANIZATION AS HE (THE PRESIDENT) DEEMS NECESSARY BY REASON OF THE REORGANIZATION FOR USE IN CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE USE OF THE AGENCY WHICH SHALL HAVE SUCH FUNCTIONS AFTER THE REORGANIZATION PLAN IS EFFECTIVE, BUT SUCH UNEXPENDED BALANCES SO TRANSFERRED SHALL BE USED ONLY FOR THE PURPOSES FOR WHICH SUCH APPROPRIATION WAS ORIGINALLY MADE. THE TRANSFERS OF PERSONNEL, PROPERTY, AND FUNDS AVAILABLE OR TO BE MADE AVAILABLE WHICH WERE AUTHORIZED BY SECTION 5 OF REORGANIZATION PLAN NO. 5 INCLUDE TRANSFERS BETWEEN AGENCIES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND TRANSFERS BETWEEN THE BOARD OF COMMISSIONERS AND ANY OTHER AGENCY OF THE DISTRICT GOVERNMENT. SINCE ALL FUNCTIONS OF THE 95 OFFICES AND AGENCIES NAMED IN SECTION 1 OF THE PLAN WERE TRANSFERRED TO THE BOARD OF COMMISSIONERS, IT WOULD APPEAR BY VIRTUE OF SECTION 5 OF THE PLAN THAT ANY PERSONNEL, PROPERTY, AND FUNDS RELATING TO THE FUNCTIONS OF THOSE 95 AGENCIES (EXCEPT THE BOARD OF TAX APPEALS, SEE SECTION 7 OF THE ACT OF JULY 10, 1952, 66 STAT. 547) MAY BE TRANSFERRED BY THE BOARD FROM ITSELF TO ANY AGENCY OF THE DISTRICT GOVERNMENT, INCLUDING THOSE ESTABLISHED AND TO BE DETERMINED UNDER SECTION 4, TO WHICH SUCH FUNCTIONS MAY BE TRANSFERRED BY THE BOARD. IN OTHER WORDS, THE TRANSFER OF FUNCTIONS AUTHORIZES THE TRANSFER OF RELATED PERSONNEL, PROPERTY, AND FUNDS, SUBJECT TO THE REQUIREMENT IN SECTION 4 (4) OF THE REORGANIZATION ACT OF 1949 THAT FUNDS SO TRANSFERRED SHALL BE USED FOR THE PURPOSES FOR WHICH THEY WERE ORIGINALLY APPROPRIATED.

ONE OF THE MAIN OBJECTIVES SOUGHT TO BE ACHIEVED BY REORGANIZATION PLAN NO. 5 IS A REDUCTION IN THE NUMBER OF AGENCIES IN THE DISTRICT GOVERNMENT BY THE CONSOLIDATION OF SIMILAR FUNCTIONS, AND THE ELIMINATION OF OVERLAPPING AND DUPLICATION OF EFFORT, PARTICULARLY WITH RESPECT TO ADMINISTRATIVE FUNCTIONS SUCH AS PERSONNEL, FISCAL, SUPPLY, AND PROPERTY FUNCTIONS COMMON TO NEARLY ALL AGENCIES. TO ACCOMPLISH CENTRALIZATION OF SUCH ADMINISTRATIVE FUNCTIONS, IT IS PROPOSED TO ESTABLISH A DEPARTMENT OF GENERAL ADMINISTRATION AS OUTLINED BEFORE THE SENATE COMMITTEE ON GOVERNMENT OPERATIONS IN THE HEARINGS ON THE PLAN.

THE QUESTION OF SECURING FUNDS FOR THE OPERATION OF THE DEPARTMENT OF GENERAL ADMINISTRATION WAS BROUGHT TO THE ATTENTION OF THE CONGRESS IN CONNECTION WITH HEARINGS ON THE SUPPLEMENTAL APPROPRIATION BILL FOR 1953, AND REQUEST WAS MADE FOR $100,000 FOR THAT PURPOSE. AS PASSED, HOWEVER, THE SUPPLEMENTAL APPROPRIATION BILL DID NOT CONTAIN THE APPROPRIATION REQUESTED. THE FOLLOWING COMMENT ON THE MATTER IS FOUND IN REPORT NO. 2316, HOUSE OF REPRESENTATIVES:

SINCE THE REORGANIZATION PLAN IS NOW BEFORE THE CONGRESS, AND PRESUMABLY WILL SOON BECOME EFFECTIVE, THE ACTUAL ADJUSTMENTS OF ADMINISTRATIVE ORGANIZATION SHOULD NORMALLY OCCUR WITHIN THE APPROPRIATIONS AVAILABLE WITHOUT THE NECESSITY OF FURTHER IMPONDERABLES. THUS, IT APPEARS TO HAVE BEEN THE VIEW OF THE COMMITTEE ON APPROPRIATIONS OF THE HOUSE OF REPRESENTATIVES THAT NECESSARY EXPENSES IN CONNECTION WITH THE REORGANIZATION OF THE DISTRICT GOVERNMENT COULD BE DEFRAYED FROM APPROPRIATIONS MADE BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1953, 66 STAT. 374, SUBJECT, OF COURSE, TO THE LIMITATIONS AND REQUIREMENTS OF SECTIONS 4 (3) AND 4 (4) OF THE REORGANIZATION ACT OF 1949, 63 STAT. 204, AND SECTION 5 OF THE REORGANIZATION PLAN ITSELF. I AM IN AGREEMENT WITH THIS VIEW.

ACCORDINGLY, THE QUESTIONS SUBMITTED ARE ANSWERED AS FOLLOWS:

1. A. FUNDS PROVIDED BY THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1953, MAY BE TRANSFERRED FROM APPROPRIATIONS OF AGENCIES LISTED IN SECTION 1 OF REORGANIZATION PLAN NO. 5 TO THE NEW DEPARTMENT OF GENERAL ADMINISTRATION TO THE EXTENT, AS DETERMINED BY THE BOARD OF COMMISSIONERS, THAT FUNCTIONS HERETOFORE EXERCISED BY SUCH LISTED AGENCIES ARE TRANSFERRED TO THE DEPARTMENT OF GENERAL ADMINISTRATION.

1. B. THE FUNCTIONS EXERCISED BY AGENCIES NOT LISTED IN THE REORGANIZATION PLAN, AND BY THE BOARD OF TAX APPEALS (SEC. 7, ACT OF JULY 10, 1952, 66 STAT. 547), ARE NOT SUBJECT TO TRANSFER UNDER THE PLAN, IN CONSEQUENCE OF WHICH NO AUTHORITY EXISTS FOR THE TRANSFER OF PERSONNEL, PROPERTY, OR FUNDS OF THOSE AGENCIES.

2. IN VIEW OF THE AFFIRMATIVE ANSWER TO QUESTION 1. A., IT APPEARS UNNECESSARY TO ANSWER THIS QUESTION.

3. A. AND B. YOU ASK WHETHER SAVINGS RESULTING FROM THE CONSOLIDATION OR ABOLISHMENT OF EXISTING AGENCIES MAY BE USED IN CONNECTION WITH NEW OFFICES. AS INDICATED ABOVE, IT IS THE VIEW OF THIS OFFICE THAT THE TRANSFER OF FUNCTIONS AUTHORIZES THE TRANSFER OF RELATED PERSONNEL, PROPERTY, AND FUNDS. IF SOME PART OR ALL OF THE FUNCTIONS OF AN EXISTING AGENCY ARE ENTIRELY ABOLISHED AND ARE NOT ASSUMED BY ANY NEW OFFICE A CORRESPONDING PROPORTIONATE PART OF THE FUNDS OF SUCH AGENCY CAN NO LONGER BE USED FOR THE PURPOSES FOR WHICH ORIGINALLY APPROPRIATED, AND THEIR USE FOR ANY OTHER PURPOSE WOULD BE IN CONTRAVENTION OF SECTION 4 (4) OF THE REORGANIZATION ACT OF 1949. ON THE OTHER HAND, CONSOLIDATION OF ALL OR PART OF THE FUNCTIONS OF EXISTING AGENCIES WOULD AUTHORIZE THE TRANSFER AND USE BY THE RECIPIENT AGENCY OF FUNDS PROPORTIONATE TO THE FUNCTIONS SO TRANSFERRED. IF SUCH CONSOLIDATION ENABLED THE NEW AGENCY TO PERFORM THE TRANSFERRED FUNCTIONS FOR LESS THAN THE AGGREGATE AMOUNT THERETOFORE APPROPRIATED FOR THEIR PERFORMANCE SEVERALLY BY THE AGENCIES INVOLVED, ANY SAVINGS THUS MADE BY THE NEW AGENCY AND REMAINING UNEXPENDED AT THE END OF A FISCAL YEAR WOULD APPEAR TO COME WITHIN THE PURVIEW OF SECTION 10 OF THE REORGANIZATION ACT OF 1949, 63 STAT. 206, WHICH REQUIRES THAT APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY REASON OF THE OPERATION OF THE ACT SHALL NOT BE USED FOR ANY PURPOSE, BUT SHALL BE RETURNED TO THE TREASURY.

4. PERSONNEL FOR WHICH APPROPRIATIONS HAVE BEEN MADE FOR THE AGENCIES LISTED IN SECTION 1 OF REORGANIZATION PLAN NO. 5 MAY BE TRANSFERRED TO THE DEPARTMENT OF GENERAL ADMINISTRATION TO THE EXTENT THAT FUNCTIONS THERETOFORE PERFORMED BY SUCH PERSONNEL ARE TRANSFERRED TO THAT DEPARTMENT.

IT IS HOPED THAT THE FOREGOING ANSWERS TO THE QUESTIONS SUBMITTED WILL ENABLE YOUR BOARD TO PROCEED WITH ITS DUTIES UNDER REORGANIZATION PLAN NO. 5. IF ANY FURTHER QUESTIONS ARISE WHICH YOU DESIRE TO SUBMIT TO THIS OFFICE, YOU MAY BE ASSURED THAT THEY WILL BE GIVEN PROMPT CONSIDERATION.