B-12612, OCTOBER 4, 1940, 20 COMP. GEN. 189

B-12612: Oct 4, 1940

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IS NOT APPLICABLE WHERE ONE OF THE SALARIES WAS PAID BY THE UNITED STATES ARMY MOTION-PICTURE SERVICE FROM ITS PROFITS. WHICH ARE NOT APPROPRIATED FUNDS OR COLLECTIONS AUTHORIZED TO BE EXPENDED AS APPROPRIATIONS. 1940: I HAVE YOUR LETTER OF SEPTEMBER 27. WHO IS NOW AN EMPLOYEE OF THIS CORPORATION. THAT FOR THE SAME PERIOD SHE WAS IN THE EMPLOY OF THE SOCIAL SECURITY BOARD AS A SR. THAT SERVICES WERE "PAID FROM NONAPPROPRIATED FUNDS.'. YOUR DECISION IS REQUESTED AS TO WHETHER THE DUAL COMPENSATION ACTS (39 STAT. 120. IN VIEW OF THE FACT THAT MISS LEIZEAR WAS PAID FOR HER SERVICES BY THE UNITED STATES ARMY MOTION PICTURE SERVICE. THE PROVISIONS OF THAT ACT ARE APPLICABLE ONLY TO CASES IN WHICH THE SALARY PAYMENTS INVOLVE FUNDS WHICH HAVE BEEN APPROPRIATED BY THE CONGRESS OR FUNDS WHICH ARE COLLECTED AND AUTHORIZED TO BE EXPENDED AS APPROPRIATED FUNDS.

B-12612, OCTOBER 4, 1940, 20 COMP. GEN. 189

COMPENSATION - DOUBLE - U.S. ARMY MOTION-PICTURE SERVICE FUNDS THE PROHIBITION OF THE ACT OF MAY 10, 1916, AS AMENDED, AGAINST PAYING ANY PERSON MORE THAN ONE SALARY FROM APPROPRIATED FUNDS WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS $2,000 PER ANNUM, IS NOT APPLICABLE WHERE ONE OF THE SALARIES WAS PAID BY THE UNITED STATES ARMY MOTION-PICTURE SERVICE FROM ITS PROFITS, WHICH ARE NOT APPROPRIATED FUNDS OR COLLECTIONS AUTHORIZED TO BE EXPENDED AS APPROPRIATIONS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, BOARD OF DIRECTORS, HOME OWNERS' LOAN CORPORATION, OCTOBER 4, 1940:

I HAVE YOUR LETTER OF SEPTEMBER 27, 1940, AS FOLLOWS:

FILE NO. 1980. DORIS M. LEIZEAR. WASHINGTON, D.C.

THE RETIREMENT RECORD CARD ( FORM NO. 2806) OF MISS DORIS M. LEIZEAR, WHO IS NOW AN EMPLOYEE OF THIS CORPORATION, INDICATES THAT SHEWAS IN THE EMPLOY OF THE UNITED STATES ARMY MOTION-PICTURE SERVICE, WASHINGTON, D.C., AS A JR. CLERK-STENOGRAPHER, SALARY $1,320.00 PER ANNUM FOR THE PERIOD SEPTEMBER 3, 1937, TO SEPTEMBER 18, 1937, BOTH DATES INCLUSIVE, AND THAT FOR THE SAME PERIOD SHE WAS IN THE EMPLOY OF THE SOCIAL SECURITY BOARD AS A SR. TYPIST, SALARY $1,440.00 PER ANNUM.

A NOTATION APPEARS ON HER RETIREMENT RECORD CARD IN CONNECTION WITH HER SERVICES WITH THE ARMY MOTION-PICTURE SERVICE IN THE " REMARKS" COLUMN, THAT SERVICES WERE "PAID FROM NONAPPROPRIATED FUNDS.'

YOUR DECISION IS REQUESTED AS TO WHETHER THE DUAL COMPENSATION ACTS (39 STAT. 120; 582) APPLY TO THIS CASE, IN VIEW OF THE FACT THAT MISS LEIZEAR WAS PAID FOR HER SERVICES BY THE UNITED STATES ARMY MOTION PICTURE SERVICE, AND, IF SO, WHAT ACTION, IF ANY, SHOULD BE TAKEN BY THIS CORPORATION WITH RESPECT TO THE CONTINUED PAYMENT TO HER FOR HER SERVICES IN HER PENDING EMPLOYMENT HERE.

THE DUAL COMPENSATION ACT OF MAY 10, 1916, 39 STAT. 210, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, PROVIDES AS FOLLOWS:

THAT UNLESS OTHERWISE SPECIALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM, * * *. THE PROVISIONS OF THAT ACT ARE APPLICABLE ONLY TO CASES IN WHICH THE SALARY PAYMENTS INVOLVE FUNDS WHICH HAVE BEEN APPROPRIATED BY THE CONGRESS OR FUNDS WHICH ARE COLLECTED AND AUTHORIZED TO BE EXPENDED AS APPROPRIATED FUNDS. SEE 14 COMP. GEN. 822, 825; 17 ID. 786.

ARMY REGULATIONS, 210-390 (1), PROVIDES AS FOLLOWS:

1. NAME AND OBJECT.--- A. THE UNITED STATES ARMY MOTION-PICTURE SERVICE, A SELF-SUPPORTING ORGANIZATION OPERATING DIRECTLY UNDER THE ADJUTANT GENERAL, WAS ORGANIZED AND IS OPERATED FOR THE PURPOSE OF FURNISHING AMUSEMENT AND RECREATION THROUGH THE MEDIUM OF MOTION PICTURES FOR THE ENLISTED MEN AND OTHER ARMY PERSONNEL AT POSTS, CAMPS, AND STATIONS IN THE CONTINENTAL LIMITS OF THE UNITED STATES AND ALASKA. THE THEATER FACILITIES OF THIS SERVICE HAVE BEEN DESIGNED AND ARE INTENDED PRIMARILY FOR THE EXECUTION OF THIS MISSION, AND ALL OTHER CONSIDERATIONS ARE SECONDARY AND SUBORDINATE TO THIS OBJECTIVE.

B. AS THERE IS NO APPROPRIATION FOR THE PURPOSE, THE SUCCESS OF THE UNITED STATES ARMY MOTION-PICTURE SERVICE DEPENDS ENTIRELY UPON ITS EFFICIENT ADMINISTRATION UNDER GENERALLY ACCEPTED BUSINESS PRINCIPLES AND UNDER CERTAIN SPECIFIC RULES BASED UPON THE ESSENTIAL POLICY OF UNIFORMITY IN THE PRIVILEGES ACCORDED TO AND THE RESTRICTIONS ENJOINED UPON ALL POSTS, CAMPS, AND STATIONS IN THE OPERATION OF WAR DEPARTMENT THEATERS.

C. IN THE OPERATION OF THE UNITED STATES ARMY MOTION-PICTURE SERVICE IT IS NOT THE POLICY TO ACCUMULATE A SURPLUS. ANY PROFITS REALIZED ARE USED TO MAINTAIN THE SERVICE AT NONPROFITABLE THEATERS AND FOR DISTRIBUTION TO PROFITABLE THEATERS. THE BALANCE IS EXPENDED FOR NEW EQUIPMENT FOR THE GENERAL IMPROVEMENT OF THE SERVICE.

D. THE PROFITS ARE DISTRIBUTED TO THE POSTS, CAMPS, AND STATIONS ACCORDING TO PROFIT-SHARING PLANS ANNOUNCED FROM TIME TO TIME BY THE WAR DEPARTMENT FOR EXPENDITURE AT THE DISCRETION OF THE COMMANDING OFFICER FOR THE WELFARE OF THE GARRISONS. INCLUDED IN THE WELFARE PROGRAM IS THE WAR DEPARTMENT THEATER WHICH WILL BE GIVEN CONSIDERATION IN THE EXPENDITURE OF THESE FUNDS.

AS IT IS UNDERSTOOD THE SALARY OF MISS LEIZEAR WAS PAID BY THE UNITED STATES ARMY MOTION-PICTURE SERVICE, NOT FROM APPROPRIATED FUNDS OR FUNDS WHICH ARE AUTHORIZED TO BE EXPENDED AS APPROPRIATED FUNDS BUT FROM THE PROFITS OF THE SERVICE AS INDICATED BY THE ABOVE-QUOTED ARMY REGULATIONS, THE DUAL COMPENSATION ACT OF 1916 WOULD NOT BE APPLICABLE IN HER CASE.