B-141574, JAN. 7, 1960

B-141574: Jan 7, 1960

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THE DISALLOWANCE OF PART OF YOUR CLAIM WAS BASED UPON THE "BALL PROVISO" IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACT OF 1948. UNDER THAT LIMITATIONS THE 1948 APPROPRIATION IS NOT AVAILABLE TO PAY OVERTIME COMPENSATION EXCEPT IN ACCORDANCE WITH THE FEDERAL EMPLOYEES PAY ACTS. SINCE THE PART OF YOUR CLAIM WHICH WAS DISALLOWED WAS THE AMOUNT COVERING OVERTIME COMPENSATION FOR FISCAL YEAR 1948 IN EXCESS OF THE AMOUNT ALLOWABLE UNDER THE FEDERAL EMPLOYEES PAY ACTS NO FUNDS ARE AVAILABLE FOR THE PAYMENT OF THAT PART OF YOUR CLAIM. IS.

B-141574, JAN. 7, 1960

TO MR. EVERETT J. STRAPP:

ON NOVEMBER 24, 1959, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF JULY 22, 1957, WHICH DISALLOWED PART OF YOUR CLAIM FOR OVERTIME COMPENSATION FOR WORK YOU PERFORMED ON SUNDAYS AND HOLIDAYS AS AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE. THE DISALLOWANCE OF PART OF YOUR CLAIM WAS BASED UPON THE "BALL PROVISO" IN THE DEPARTMENT OF JUSTICE APPROPRIATION ACT OF 1948, 61 STAT. 292, WHICH PROHIBITED THE USE OF FUNDS APPROPRIATED BY THAT ACT FOR THE IMMIGRATION AND NATURALIZATION SERVICE FOR PAYMENT OF OVERTIME COMPENSATION OTHER THAN UNDER THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946, 59 STAT. 302, AND 60 STAT. 217, RESPECTIVELY.

IN GIBNEY V. UNITED STATES, 114 C.CLS. 38; TAYLOR V. UNITED STATES, 114 C.CLS. 59; AHEARN V. UNITED STATES, 114 C.CLS. 65, THE CASES WHICH YOU CITE, THE COURT OF CLAIMS ALLOWED OVERTIME PAYMENTS UNDER THE ACT OF MARCH 2, 1931, 46 STAT. 1467, 5 U.S.C. 342C, 342D, TO EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE FOR OVERTIME WORKED DURING FISCAL YEAR 1948, DESPITE THE ,BALL PROVISO.' OUR OFFICE CONSIDERED THE GIBNEY CASE AND THE ARGUMENTS USED THEREIN IN OUR DECISION OF SEPTEMBER 5, 1951, B-105070, 31 COMP. GEN. 73, COPY ENCLOSED. IN THAT DECISION WE DETERMINED THAT THE "BALL PROVISO" MUST BE INTERPRETED AS PUTTING A LIMITATION ON THE EXPENDITURE OF FUNDS APPROPRIATED BY THE DEPARTMENT OF JUSTICE APPROPRIATION ACT OF 1948. UNDER THAT LIMITATIONS THE 1948 APPROPRIATION IS NOT AVAILABLE TO PAY OVERTIME COMPENSATION EXCEPT IN ACCORDANCE WITH THE FEDERAL EMPLOYEES PAY ACTS.

SINCE THE PART OF YOUR CLAIM WHICH WAS DISALLOWED WAS THE AMOUNT COVERING OVERTIME COMPENSATION FOR FISCAL YEAR 1948 IN EXCESS OF THE AMOUNT ALLOWABLE UNDER THE FEDERAL EMPLOYEES PAY ACTS NO FUNDS ARE AVAILABLE FOR THE PAYMENT OF THAT PART OF YOUR CLAIM. THEREFORE, THE SETTLEMENT OF JULY 22, 1957, MUST BE, AND IS, SUSTAINED.