B-16388, MAY 2, 1941, 20 COMP. GEN. 729

B-16388: May 2, 1941

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IS AVAILABLE FOR PAYMENT OF THE OVERTIME COMPENSATION SUBSEQUENTLY AUTHORIZED BY THE ACT OF MARCH 23. 1941: I HAVE YOUR LETTER OF APRIL 22. NO APPROPRIATION IS MADE THEREIN FOR OVERTIME SERVICES. THAT TO THE EXTENT THAT THE ANNUAL APPROPRIATIONS WHICH ARE HEREBY AUTHORIZED TO BE MADE FROM THE GENERAL FUND OF THE TREASURY ARE INSUFFICIENT. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FROM THE GENERAL FUND OF THE TREASURY SUCH ADDITIONAL AMOUNTS AS MAY BE NECESSARY TO THE EXTENT THAT THE AMOUNTS OF SUCH RECEIPTS ARE IN EXCESS OF THE AMOUNTS APPROPRIATED: * * " IN LIGHT OF THE LANGUAGE OF THIS SECTION. IT WOULD BE APPRECIATED IF YOU WOULD EXPRESS AN OPINION AS TO WHETHER THE COMMISSION IS AUTHORIZED TO USE THE MONEY APPROPRIATED FOR SALARIES AND EXPENSES BY THE EARLIER ACT.

B-16388, MAY 2, 1941, 20 COMP. GEN. 729

COMPENSATION - OVERTIME - FEDERAL COMMUNICATIONS COMMISSION EMPLOYEES THE APPROPRIATION " SALARIES AND EXPENSES," FEDERAL COMMUNICATIONS COMMISSION, MADE BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1941, IS AVAILABLE FOR PAYMENT OF THE OVERTIME COMPENSATION SUBSEQUENTLY AUTHORIZED BY THE ACT OF MARCH 23, 1941. AS TO WHAT CONSTITUTES OVERTIME SERVICES UNDER A SIMILAR STATUTE, SEE 10 COMP. GEN. 487, AND DECISION OF THE COURT OF CLAIMS IN THE CASE OF MYERS ET ALIA V. THE UNITED STATES, DECIDED JANUARY 6, 1941:

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, MAY 2, 1941:

I HAVE YOUR LETTER OF APRIL 22, 1941, AS FOLLOWS:

THE COMMISSION DESIRES YOUR OPINION AS TO WHETHER SECTION 2 OF THE ACT OF MARCH 23, 1941 ( PUBLIC, NO. 20, 77TH CONGRESS, ST SESSION) PROVIDING FOR EXTRA COMPENSATION FOR OVERTIME BY ITS RADIO INSPECTORS IN THE FIELD, PERMITS THE COMMISSION TO USE FUNDS GIVEN IT BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1941, FOR SALARIES AND EXPENSES, FOR THE PURPOSE OF PAYING SUCH EXTRA COMPENSATION.

THE INDEPENDENT OFFICES APPROPRIATION ACT, 1941, AUTHORIZES THE EXPENDITURE OF CERTAIN SUMS FOR THE PAYMENT OF SALARIES AND EXPENSES OF COMMISSION EMPLOYEES IN PERFORMING STATUTORY DUTIES. HOWEVER, NO APPROPRIATION IS MADE THEREIN FOR OVERTIME SERVICES.

SECTION 2 OF THE ACT OF MARCH 23, 1941, GRANTING RADIO INSPECTORS IN THE FIELD EXTRA COMPENSATION FOR OVERTIME SERVICES, PROVIDES IN PART:

"* * * AND THE PAYMENTS OF SUCH EXTRA COMPENSATION TO THE SEVERAL EMPLOYEES ENTITLED THERETO SHALL BE MADE FROM THE ANNUAL APPROPRIATIONS FOR SALARIES AND EXPENSES OF THE COMMISSION: PROVIDED FURTHER, THAT TO THE EXTENT THAT THE ANNUAL APPROPRIATIONS WHICH ARE HEREBY AUTHORIZED TO BE MADE FROM THE GENERAL FUND OF THE TREASURY ARE INSUFFICIENT, THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FROM THE GENERAL FUND OF THE TREASURY SUCH ADDITIONAL AMOUNTS AS MAY BE NECESSARY TO THE EXTENT THAT THE AMOUNTS OF SUCH RECEIPTS ARE IN EXCESS OF THE AMOUNTS APPROPRIATED: * * "

IN LIGHT OF THE LANGUAGE OF THIS SECTION, IT WOULD BE APPRECIATED IF YOU WOULD EXPRESS AN OPINION AS TO WHETHER THE COMMISSION IS AUTHORIZED TO USE THE MONEY APPROPRIATED FOR SALARIES AND EXPENSES BY THE EARLIER ACT, FOR PAYMENT TO THE SEVERAL EMPLOYEES ENTITLED TO OVERTIME COMPENSATION.

THE INDEPENDENT OFFICES APPROPRIATION ACT, 1941, APPROVED APRIL 18, 1940, 54 STAT. 118, UNDER THE HEADING," FEDERAL COMMUNICATIONS COMMISSION," CONTAINS THE FOLLOWING ITEM:

SALARIES AND EXPENSES: FOR SEVEN COMMISSIONERS, AND FOR ALL OTHER AUTHORIZED EXPENDITURES OF THE FEDERAL COMMUNICATIONS COMMISSION IN PERFORMING THE DUTIES IMPOSED BY THE COMMUNICATIONS ACT OF 1934, APPROVED JUNE 19, 1934 (48 STAT. 1064) * * * INCLUDING PERSONAL SERVICES * * *.

THE PERFORMANCE OF OVERTIME WORK AS AUTHORIZED BY THE ACT OF MARCH 23, 1941, PUBLIC, NO. 20, 55 STAT. 46, CONSTITUTES AN AUTHORIZED EXPENDITURE OF THE FEDERAL COMMUNICATIONS COMMISSION IN PERFORMING THE DUTIES IMPOSED BY THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND UNDER THE EXPRESS TERMS OF THE APPROPRIATION ACT JUST QUOTED THE FUNDS APPROPRIATED THEREBY FOR SALARIES AND EXPENSES OF THE COMMISSION FOR THE CURRENT FISCAL YEAR ARE AVAILABLE FOR PAYMENT OF OVERTIME COMPENSATION UNDER THE TERMS AND CONDITIONS OF THE ACT OF APRIL 18, 1940. COMPARE 10 COMP. GEN. 487 (PARTICULARLY QUESTION AND ANSWER NO. 4).

IN THIS CONNECTION IT IS DEEMED APPROPRIATE TO INVITE YOUR ATTENTION TO THE DECISION OF THIS OFFICE DATED APRIL 22, 1931, 10 COMP. GEN. 487, RELATIVE TO WHAT CONSTITUTES OVERTIME UNDER THE PROVISIONS OF A SIMILAR STATUTE; ALSO, TO THE DECISION OF THE COURT OF CLAIMS, NO. 43671, DATED JANUARY 6, 1941, IN THE CASE OF MYERS ET ALIA V. THE UNITED STATES, REACHING A CONCLUSION DIFFERENT FROM THAT STATED IN THE DECISION OF THIS OFFICE, BUT WHICH COURT DECISION HAS NOT YET BECOME FINAL.