A-16787, FEBRUARY 2, 1927, 6 COMP. GEN. 497

A-16787: Feb 2, 1927

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REQUIRING THAT CERTAIN FEDERAL APPOINTEES FILE AN AFFIDAVIT WITH THE COMPTROLLER GENERAL OF THE UNITED STATES TO THE EFFECT THAT NO CONSIDERATION WAS TRANSFERRED. IS NOT APPLICABLE TO DEPUTY COLLECTORS OF INTERNAL REVENUE WHO ARE APPOINTED BY THE COLLECTORS WITH THE APPROVAL OF THE COMMISSIONER OF INTERNAL REVENUE. OR TO PERSONS ENGAGED IN THE FIELD IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT WHO ARE APPOINTED BY THE COMMISSIONER. APPLY TO DEPUTY COLLECTORS OF INTERNAL REVENUE WHO ARE APPOINTED BY THE COLLECTORS WITH THE APPROVAL OF THE COMMISSIONER OF INTERNAL REVENUE AND TO PERSONS ENGAGED IN THE FIELD IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT WHO ARE APPOINTED BY THE COMMISSIONER OF INTERNAL REVENUE.

A-16787, FEBRUARY 2, 1927, 6 COMP. GEN. 497

APPOINTMENTS - OFFICERS - AFFIDAVITS THE ACT OF DECEMBER 11, 1926, 44 STAT. 918, REQUIRING THAT CERTAIN FEDERAL APPOINTEES FILE AN AFFIDAVIT WITH THE COMPTROLLER GENERAL OF THE UNITED STATES TO THE EFFECT THAT NO CONSIDERATION WAS TRANSFERRED, PROMISED, OR PAID FOR THE SECURING OF SUCH APPOINTMENT, IS NOT APPLICABLE TO DEPUTY COLLECTORS OF INTERNAL REVENUE WHO ARE APPOINTED BY THE COLLECTORS WITH THE APPROVAL OF THE COMMISSIONER OF INTERNAL REVENUE, OR TO PERSONS ENGAGED IN THE FIELD IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT WHO ARE APPOINTED BY THE COMMISSIONER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, FEBRUARY 2, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 18, 1927, REQUESTING DECISION WHETHER THE PROVISIONS OF THE ACT OF DECEMBER 11, 1926, 44 STAT. 918, APPLY TO DEPUTY COLLECTORS OF INTERNAL REVENUE WHO ARE APPOINTED BY THE COLLECTORS WITH THE APPROVAL OF THE COMMISSIONER OF INTERNAL REVENUE AND TO PERSONS ENGAGED IN THE FIELD IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION ACT WHO ARE APPOINTED BY THE COMMISSIONER OF INTERNAL REVENUE.

THE ACT OF DECEMBER 11, 1926, PROVIDES AS FOLLOWS:

THAT EACH INDIVIDUAL HEREAFTER APPOINTED AS AN OFFICER OF THE UNITED STATES BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, OR BY THE PRESIDENT ALONE, OR BY A COURT OF LAW, OR BY THE HEAD OF A DEPARTMENT, SHALL, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF HIS APPOINTMENT, FILE WITH THE COMPTROLLER GENERAL OF THE UNITED STATES AN AFFIDAVIT STATING THAT NEITHER HE NOR ANYONE ACTING IN HIS BEHALF HAS GIVEN, TRANSFERRED, PROMISED, OR PAID ANY CONSIDERATION FOR OR IN THE EXPECTATION OR HOPE OF RECEIVING ASSISTANCE IS SECURING SUCH APPOINTMENT.

SEC. 2. NO SALARY SHALL BE PAID TO ANY INDIVIDUAL REQUIRED UNDER SECTION 1 TO FILE AN AFFIDAVIT UNTIL SUCH AFFIDAVIT HAS BEEN FILED.

AS DEPUTY COLLECTORS WHO ARE APPOINTED BY THE COLLECTORS OF INTERNAL REVENUE, AND PERSONS APPOINTED BY THE COMMISSIONER OF INTERNAL REVENUE, ARE NOT APPOINTED BY THE PRESIDENT, BY A COURT OF LAW, OR BY THE HEAD OF AN EXECUTIVE DEPARTMENT, THEY DO NOT COME WITHIN THE PURVIEW OF SAID ACT AND ARE NOT REQUIRED TO FILE THE AFFIDAVITS REQUIRED BY THAT ACT OF OFFICERS APPOINTED UNDER THE CONDITIONS THEREIN SPECIFIED.

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