B-103682, FEBRUARY 26, 1952, 31 COMP. GEN. 421

B-103682, FEBRUARY 26, 1952, 31 COMP. GEN. 421

LEAVES OF ABSENCE - ANNUAL - STATUTORY PAYMENT RESTRICTIONS - ECONOMIC STABILIZATION AGENCY WHILE THE TEMPORARY APPROPRIATIONS PROVIDED FOR ALL GOVERNMENT DEPARTMENTS BY THE ACT OF JULY 1, 1951, BROUGHT THE ECONOMIC STABILIZATION AGENCY WITHIN THE PROVISIONS OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, PROHIBITING THE EXPENDITURE OF FUNDS FOR THE PAYMENT OF 1950 ANNUAL LEAVE ACCRUALS UNUSED BY JULY 1, 1951, SUCH PROHIBITION WAS NOT CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1952, AND THEREFORE, THE TEMPORARY APPLICATION OF THE PROHIBITION DID NOT REQUIRE A PERMANENT LOSS OF LEAVE BY EMPLOYEES OF SAID AGENCY AND PAYMENT FOR SUCH LEAVE MAY BE MADE FROM FUNDS MADE AVAILABLE BY THE 1952 ACT.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, ECONOMIC STABILIZATION AGENCY, FEBRUARY 26, 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1951, REQUESTING A DECISION AS TO WHETHER SECTION 3 OF PUBLIC LAW 70, 82ND CONGRESS, APPROVED JULY 1, 1951, BROUGHT THE ECONOMIC STABILIZATION AGENCY WITHIN THE PROVISIONS OF SECTION 1212, CHAPTER XII, OF THE GENERAL APPROPRIATION ACT, 1951, SO AS TO RESULT IN A PERMANENT LOSS OF ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS JUNE 30, 1951, OR IF REGULAR FISCAL YEAR FUNDS APPROPRIATED BY THE SUPPLEMENTAL APPROPRIATION ACT, 1952, 65 STAT. 736, ARE AVAILABLE TO PAY FOR SUCH LEAVE. YOUR LETTER MAKES REFERENCE TO OFFICE DECISION OF JUNE 15, 1951, 30 COMP. GEN. 516, WHEREIN YOU WERE ADVISED THAT, SINCE THE PROHIBITION CONTAINED IN SECTION 1212, 64 STAT. 768, SUPRA, BY ITS TERMS IS APPLICABLE ONLY TO THE FUNDS OF CORPORATIONS OR AGENCIES INCLUDED IN THE GENERAL APPROPRIATION ACT, 1951, AND AS FUNDS FOR THE ECONOMIC STABILIZATION AGENCY WERE NOT CONTAINED IN THE SAID ACT, THE PROHIBITION LEGALLY MAY NOT BE SAID TO BE APPLICABLE TO FUNDS OF THE SAID AGENCY BUT THAT CONGRESS MIGHT VERY WELL PROHIBIT THE USE OF 1952 FISCAL YEAR FUNDS APPROPRIATED TO YOUR AGENCY FOR THE PAYMENT OF ANY LEAVE WHICH WAS EARNED DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951.

SUBSEQUENT TO THAT DECISION, CONGRESS PASSED THE HOUSE JOINT RESOLUTION 277, PUBLIC LAW 70, 82ND CONGRESS, APPROVED JULY 1, 1951, WHICH PROVIDED TEMPORARY APPROPRIATIONS FOR THE FISCAL YEAR 1952 FOR ALL DEPARTMENTS, AGENCIES, CORPORATIONS, AND OTHER ORGANIZATIONAL UNITS IN EACH BRANCH OF THE GOVERNMENT. SECTION 3 OF THIS ACT PROVIDES, INTER ALIA, THAT THE FUNDS AND AUTHORITY GRANTED THEREUNDER ARE SUBJECT TO THE PROVISIONS OF TITLE XII OF THE GENERAL APPROPRIATION ACT, 1951 (WHICH INCLUDES SECTION 1212). PUBLIC LAW 97, APPROVED JULY 31, 1951, 65 STAT. 149, AMENDED PUBLIC LAW 70, IN PART, BY ADDING A PROVISO TO SECTION 3 AS FOLLOWS:

PROVIDED, THAT APPROPRIATIONS AND FUNDS MADE AVAILABLE AND AUTHORITY GRANTED PURSUANT TO ANY OTHER ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1952 SHALL REMAIN SUBJECT TO THE PROVISION OF THIS SECTION UNTIL ENACTMENT INTO LAW OF THE SUPPLEMENTAL APPROPRIATION ACT, 1952. ( ITALICS SUPPLIED.)

THE SUPPLEMENTAL APPROPRIATION ACT, 1952, DOES NOT INCLUDE THE PROHIBITION AGAINST PAYMENT FOR LEAVE EARNED DURING 1950 AND NOT USED PRIOR TO JUNE 30, 1951.

SINCE THE LEGISLATIVE HISTORY OF PUBLIC LAW 70, SUPRA, CLEARLY REFLECTS ITS PURPOSE TO BE A ,STOPGAP" MEASURE ONLY--- WHICH WAS EXTENDED ON A MONTH-TO-MONTH BASIS FROM JULY THROUGH OCTOBER 1951--- AND, SINCE THE PROHIBITION OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, WAS NOT CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1952, IT DOES NOT APPEAR THAT THE GENERAL TEMPORARY APPLICATION OF THE PROHIBITION UNDER PUBLIC LAW 70 REFLECTS ANY INTENTION BY CONGRESS TO REQUIRE A PERMANENT LOSS OF THE ANNUAL LEAVE EARNED BY EMPLOYEES OF THE ECONOMIC STABILIZATION AGENCY DURING THE CALENDAR YEAR 1950 AND UNUSED PRIOR TO JUNE 30, 1951.

ACCORDINGLY, THERE IS NO OBJECTION TO THE PAYMENT FOR SUCH LEAVE OUT OF FUNDS MADE AVAILABLE BY THE SUPPLEMENTAL APPROPRIATION ACT, 1952.