AUGUST 16, 1923, 3 COMP. GEN. 83
Highlights
FOR SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU FOR THE FISCAL YEAR 1924 IS SUPERSEDED BY THE ACT OF MARCH 4. SAID APPROPRIATION WILL THEREFORE REMAIN ON THE BOOKS OF THE TREASURY UNEXPENDED UNTIL COVERED INTO THE SURPLUS FUND. SHOULD BE DEPOSITED IN THE TREASURY TO THE CREDIT OF THE SPECIAL FUND OR FUNDS FROM WHICH THE COSTS OF THE EXAMINATIONS IN QUESTION WERE MADE. 1923: I HAVE YOUR LETTER OF AUGUST 6. REQUESTING DECISION AS TO THE DISPOSITION TO BE MADE OF THE FUNDS DERIVED FROM THE ASSESSMENTS WHICH THE FEDERAL FARM LOAN BOARD IS AUTHORIZED TO MAKE UNDER SECTIONS 206 (A). THE ONLY PROVISION IN SAID APPROPRIATION RELATIVE TO REIMBURSEMENT IS WITH REFERENCE TO THE ITEM OF $35.
AUGUST 16, 1923, 3 COMP. GEN. 83
ASSESSMENTS BY FEDERAL FARM LOAN BOARD THE APPROPRIATION MADE BY THE ACT OF JANUARY 3, 1923, 42 STAT., 1094, FOR SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU FOR THE FISCAL YEAR 1924 IS SUPERSEDED BY THE ACT OF MARCH 4, 1923, 42 STAT., 1473, REQUIRING SUCH EXPENSES TO BE PAID FROM ASSESSMENTS AGAINST THE FEDERAL AND JOINT STOCK LAND BANKS; SAID APPROPRIATION WILL THEREFORE REMAIN ON THE BOOKS OF THE TREASURY UNEXPENDED UNTIL COVERED INTO THE SURPLUS FUND. THE AMOUNTS ASSESSED AGAINST AND COLLECTED FROM THE FEDERAL INTERMEDIATE CREDIT BANKS AND FEDERAL AND JOINT-STOCK LAND BANKS TO PAY THE SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU IN ACCORDANCE WITH THE ACT OF MARCH 4, 1923, 42 STAT., 1457, 1473, SHOULD BE DEPOSITED IN THE TREASURY TO THE CREDIT OF ONE OR MORE SPECIAL FUNDS AND BE USED IN PAYMENT OF SUCH SALARIES AND EXPENSES IN LIEU OF THE APPROPRIATION MADE BY THE ACT OF JANUARY 3, 1923, 42 STAT., 1094. THE FUNDS COLLECTED FROM BANKS, TRUST COMPANIES, SAVINGS INSTITUTIONS, OR OTHER ORGANIZATIONS AS THE COST OF EXAMINATION THEREOF BY EXAMINERS OF THE FEDERAL FARM LOAN BUREAU IN ACCORDANCE WITH SECTION 208 (D) OF THE ACT OF MARCH 4, 1923, 42 STAT., 1459, SHOULD BE DEPOSITED IN THE TREASURY TO THE CREDIT OF THE SPECIAL FUND OR FUNDS FROM WHICH THE COSTS OF THE EXAMINATIONS IN QUESTION WERE MADE.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 16, 1923:
I HAVE YOUR LETTER OF AUGUST 6, 1923, REQUESTING DECISION AS TO THE DISPOSITION TO BE MADE OF THE FUNDS DERIVED FROM THE ASSESSMENTS WHICH THE FEDERAL FARM LOAN BOARD IS AUTHORIZED TO MAKE UNDER SECTIONS 206 (A), 208 (D), AND 302 OF THE FEDERAL FARM LOAN ACT AS AMENDED BY THE ACT OF MARCH 4, 1923, 42 STAT., 1457, 1459, AND 1473.
THE ACT OF JANUARY 3, 1923, 32 STAT., 1094, APPROPRIATES $301,720 FOR SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU FOR THE FISCAL YEAR 1924. SAID ACT SPECIFICALLY LIMITS THE PERSONNEL OF THE BUREAU AND FIXES THE CLASSIFICATIONS AND GRADES THEREOF. THE ONLY PROVISION IN SAID APPROPRIATION RELATIVE TO REIMBURSEMENT IS WITH REFERENCE TO THE ITEM OF $35,000 FOR SALARIES OF FOUR REVIEWING APPRAISERS AT NOT TO EXCEED $5,000 EACH, AND THE TRAVELING EXPENSES OF SUCH REVIEWING APPRAISERS. WITH REFERENCE TO THIS ITEM IT IS PROVIDED THAT AMOUNTS EXPENDED THEREFROM SHALL BE ASSESSED AGAINST THE SEVERAL FEDERAL LAND BANKS AND JOINT-STOCK LAND BANKS IN PROPORTION TO GROSS ASSETS AND THAT THE FUNDS COLLECTED BY SUCH ASSESSMENTS SHALL BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. THESE APPROPRIATIONS AND THE PROVISIONS WITH REFERENCE TO ASSESSMENTS WERE MADE IN PURSUANCE OF THE PROVISIONS OF SECTION 3 OF THE FEDERAL FARM LOAN ACT OF JULY 17, 1916, 39 STAT., 361, TO THE EFFECT THAT THE SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU "SHALL BE PAID BY THE UNITED STATES," BUT SAID SECTION WAS AMENDED BY SECTION 302, TITLE III, OF THE ACT OF MARCH 4, 1923, 42 STAT., 1473, SO AS TO PROVIDE THAT SUCH SALARIES AND EXPENSES SHALL AFTER JUNE 30, 1923,"BE PAID BY THE FEDERAL AND JOINT-STOCK LAND BANKS" IN PROPORTION TO THEIR GROSS ASSETS AS FOLLOWS:
THE FEDERAL FARM LOAN BOARD SHALL, PRIOR TO JUNE 30, 1923, AND EACH SIX MONTHS THEREAFTER, ESTIMATE THE EXPENSES AND SALARIES OF THE FEDERAL FARM LOAN BOARD, ITS OFFICERS AND EMPLOYEES, FARM LOAN REGISTRARS, DEPUTY REGISTRARS, THE EXAMINERS AND REVIEWING APPRAISERS, AND APPORTION THE SAME AMONG THE FEDERAL AND JOINT-STOCK LAND BANKS IN PROPORTION TO THEIR GROSS ASSETS AT THE TIME OF SUCH APPORTIONMENT AND MAKE AN ASSESSMENT UPON EACH OF SUCH BANKS PURSUANT TO SUCH APPORTIONMENT, PAYABLE ON THE 1ST OF JULY OR JANUARY NEXT ENSUING. THE FUNDS COLLECTED PURSUANT TO SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE TREASURER OF THE UNITED STATES TO BE DISBURSED IN PAYMENT OF SUCH SALARIES AND EXPENSES ON APPROPRIATIONS DULY MADE BY CONGRESS FOR SUCH PURPOSE.
UNDER THIS PROVISION THE FUNDS COLLECTED PURSUANT TO THE ASSESSMENTS, AND NOT THE MONEY APPROPRIATED BY THE ACT OF JANUARY 3, 1923, ARE TO BE USED TO PAY THE AUTHORIZED SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU. ACCORDINGLY THE MONEY APPROPRIATED BY SAID ACT AND CARRIED ON THE BOOKS OF THE TREASURY UNDER THE HEADING "SALARIES, FEDERAL FARM LOAN BOARD, 1924," "MISCELLANEOUS EXPENSES, FEDERAL FARM LOAN BOARD, 1924," AND "SALARIES AND EXPENSES, REVIEWING APPRAISERS, FEDERAL FARM LOAN BOARD (REIMBURSABLE), 1924," WILL NOT BE EXPENDED BUT WILL REMAIN TO THE CREDIT OF SAID APPROPRIATIONS UNTIL COVERED INTO THE SURPLUS FUND, AND THE MONEY RECEIVED FROM THE ASSESSMENTS AGAINST THE FEDERAL AND JOINT-STOCK LAND BANKS SHOULD BE DEPOSITED AND COVERED INTO THE TREASURY TO THE CREDIT OF ONE OR MORE SPECIAL FUNDS PROPERLY DESIGNATED AND BE USED IN PAYMENT OF THE SALARIES AND EXPENSES OF THE FEDERAL FARM LOAN BUREAU APPROPRIATED FOR IN THE ACT OF JANUARY 3, 1923, AND SUBJECT TO THE LIMITATIONS AND RESTRICTIONS PRESCRIBED IN SAID ACT.
THE SPECIFIC APPROPRIATIONS MADE IN THE ACT OF JANUARY 3, 1923, FOR THE PERSONNEL OF THE FEDERAL FARM LOAN BUREAU DID NOT PROVIDE FOR THE WORK TO BE DONE BY SAID BUREAU IN CONNECTION WITH THE FEDERAL INTERMEDIATE CREDIT BANKS THEREAFTER CREATED, AND TO MEET THIS ADDITIONAL EXPENSE PROVISION WAS MADE IN SECTION 206 (A) OF THE ACT OF MARCH 4, 1923, 42 STAT., 1457, AS FOLLOWS:
THAT THE FEDERAL FARM LOAN BOARD SHALL EQUITABLY APPORTION THE JOINT EXPENSES INCURRED IN BEHALF OF FEDERAL LAND BANKS, JOINT STOCK LAND BANKS, AND FEDERAL INTERMEDIATE CREDIT BANKS, AND SHALL ASSESS AGAINST EACH FEDERAL INTERMEDIATE CREDIT BANK ITS PROPORTIONATE SHARE OF THE EXPENSES OF ANY ADDITIONAL PERSONNEL IN THE FEDERAL FARM LOAN BUREAU MADE NECESSARY IN CONNECTION WITH THE OPERATION OF THIS PROVISION.
WHILE THE STATUTE DOES NOT SPECIFICALLY INDICATE THE DISPOSITION TO BE MADE OF THE FUNDS COLLECTED UNDER THESE ASSESSMENTS NOR PRESCRIBE THE PROCEDURE IN CONNECTION THEREWITH, THERE WOULD APPEAR TO BE NO DOUBT THAT THE PLAIN PURPOSE OF SAID ASSESSMENTS IS TO PROVIDE MEANS FOR THE PAYMENT OF THE EXPENSES OF THE ADDITIONAL PERSONNEL REFERRED TO. ACCORDINGLY I HAVE TO ADVISE THAT THE FUNDS SO COLLECTED SHOULD BE DEPOSITED AND COVERED INTO THE TREASURY TO THE CREDIT OF A PROPERLY DESIGNATED SPECIAL FUND AND BE USED TO PAY THE EXPENSES OF SUCH ADDITIONAL PERSONNEL AS IT MAY BE NECESSARY TO EMPLOY IN THE FEDERAL FARM LOAN BUREAU TO TAKE CARE OF THE ADDITIONAL WORK OCCASIONED BY THE FEDERAL INTERMEDIATE CREDIT BANKS.
SECTION 208 (D) OF TITLE II, FEDERAL INTERMEDIATE CREDIT BANKS, OF THE FEDERAL FARM LOAN ACT, AS AMENDED BY THE ACT OF MARCH 4, 1922, 42 STAT., 1459, PROVIDES:
THE FEDERAL FARM LOAN BOARD SHALL ASSESS THE COST OF ALL EXAMINATIONS MADE BY THE EXAMINERS OF THE BOARD UNDER THE PROVISIONS OF THIS TITLE UPON THE BANK, TRUST COMPANY, SAVINGS INSTITUTION, OR ORGANIZATION INVESTIGATED IN ACCORDANCE WITH THE REGULATIONS TO BE PRESCRIBED BY THE BOARD.
THE FUNDS COLLECTED UNDER THIS PROVISION SHOULD BE DEPOSITED AND COVERED INTO THE TREASURY TO THE CREDIT OF THE SPECIAL FUND OR FUNDS FROM WHICH THE COSTS OF THE EXAMINATIONS IN QUESTION WERE MADE.