B-123127, MAY 12, 1955, 34 COMP. GEN. 590

B-123127, MAY 12, 1955, 34 COMP. GEN. 590

APPROPRIATIONS - AUTHORIZED OR MADE - WAR CLAIMS FUND SECTION 13 (A) OF THE WAR CLAIMS ACT OF 1948, WHICH PROVIDES THAT THE MONEYS IN THE WAR CLAIMS FUND SHALL BE AVAILABLE FOR EXPENDITURE, CONSTITUTES AN APPROPRIATION OF MONEYS FOR THE PAYMENT OF CLAIMS ARISING UNDER THE ACT, AND, THEREFORE, THE FOREIGN CLAIMS SETTLEMENT COMMISSION, WITHOUT FURTHER AUTHORIZATION FROM CONGRESS, MAY CERTIFY FOR PAYMENT FROM THE FUND NEW CLAIMS ARISING UNDER THE WAR CLAIMS ACT AMENDMENTS OF 1954.

COMPTROLLER GENERAL CAMPBELL TO THE CHAIRMAN, FOREIGN CLAIMS SETTLEMENT COMMISSION, MAY 12, 955:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 3, 1955, RELATIVE TO THE AUTHORITY OF YOUR COMMISSION TO CERTIFY FOR PAYMENT, AND OF THE AUTHORITY OF THE SECRETARY OF THE TREASURY TO PAY, AWARDS AUTHORIZED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF THE ACT ENTITLED " WAR CLAIMS ACT AMENDMENTS OF 1954," PUBLIC LAW 744, 83D CONGRESS, APPROVED AUGUST 31, 1954, 68 STAT. 1033.

THE ACT AMENDED THE WAR CLAIMS ACT OF 1948, 62 STAT. 1240, AS AMENDED, 50 U.S.C. APP. 2001-2013, SO AS TO PROVIDE FOR THE SETTLEMENT AND PAYMENT OF SEVERAL NEW CATEGORIES OF CLAIMS NOT PREVIOUSLY COMPENSABLE UNDER THE WAR CLAIMS ACT. SPECIFICALLY, PUBLIC LAW 744 EXTENDED THE BENEFITS UNDER THE WAR CLAIMS ACT OF 1948 TO EMPLOYEES OF CONTRACTORS OF THE UNITED STATES AND CERTAIN OTHER PERSONS BY AMENDMENTS TO SECTIONS 5 AND 6 OF SUCH ACT AND BY ADDING SECTIONS 15, 16, AND 17 THERETO.

YOU INVITE OUR ATTENTION TO THE INDEPENDENT OFFICES APPROPRIATION ACT, 1955, PUBLIC LAW 428, 83D CONGRESS, APPROVED JUNE 24, 1954, 68 STAT. 272, PERTAINING TO THE WAR CLAIMS COMMISSION, PREDECESSOR TO THE FOREIGN CLAIMS SETTLEMENT COMMISSION, WHICH PROVIDES IN PERTINENT PART UNDER THE HEADING " WAR CLAIMS COMMISSION," (68 STAT. 293), SUBHEADING " PAYMENT OF CLAIMS," AS FOLLOWS:

FOR PAYMENT OF CLAIMS, AS AUTHORIZED BY THE WAR CLAIMS ACT OF 1948, AS AMENDED, FROM FUNDS DEPOSITED IN THE TREASURY TO THE CREDIT OF THE WAR CLAIMS FUND CREATED BY SECTION 13 (A) OF SAID ACT, SUCH SUMS AS MAY BE NECESSARY, TO BE AVAILABLE TO THE SECRETARY OF THE TREASURY FOR PAYMENT OF CLAIMS UNDER SECTIONS 4 (A), 4 (B) (2), 5 (A) THROUGH (E), 6 AND 7 OF SAID ACT TO THE PAYEES NAMED AND IN THE AMOUNTS STATED IN CERTIFICATIONS BY THE WAR CLAIMS COMMISSION AND THE SECRETARY OF LABOR OR THEIR DULY AUTHORIZED REPRESENTATIVES, WHICH CERTIFICATIONS SHALL BE IN LIEU OF ANY VOUCHERS WHICH MIGHT OTHERWISE BE REQUIRED * * *.

YOU STATE THAT PUBLIC LAW 615, 68 STAT. 759, WAS APPROVED ON AUGUST 21, 1954, SUBSEQUENT TO THE ENACTMENT OF PUBLIC LAW 428. BY VIRTUE OF SECTION 3 (A) OF THAT ACT, SECTION 2 (E) OF THE WAR CLAIMS ACT OF 1948, AS AMENDED, WHICH REQUIRED THE COMMISSION TO TERMINATE ITS AFFAIRS BY MARCH 31, 1955, WAS REPEALED.

ADVERTING TO PUBLIC LAW 428, YOU NOTE THAT THE ABOVE-QUOTED PORTION OF SUCH LAW PROVIDES FOR SUCH SUMS AS MAY BE NECESSARY FOR PAYMENT OF CLAIMS UNDER SECTIONS 4 (A), 4 (B) (2), 5 (A) THROUGH (E), 6 AND 7 OF THE WAR CLAIMS ACT. YOU STATE THAT THE FOREGOING CIRCUMSTANCES HAVE GIVEN RISE TO TWO QUESTIONS WHICH YOU PRESENT FOR OUR CONSIDERATION. THE QUESTIONS ARE AS FOLLOWS:

1. MAY THE FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFY FOR PAYMENT, AND MAY THE SECRETARY OF THE TREASURY PAY, AWARDS AUTHORIZED BY THE COMMISSION BASED UPON CLAIMS ARISING PURSUANT TO THOSE PROVISIONS OF PUBLIC LAW 744 WHICH HAVE AMENDED SECTIONS 5 AND 6OF THE WAR CLAIMS ACT OF 1948, AS AMENDED, DURING THE FOURTH QUARTER OF FISCAL YEAR 1955 WITHOUT FURTHER AUTHORIZATION BY THE CONGRESS?

IF THE FOREGOING QUESTION IS ANSWERED IN THE AFFIRMATIVE THE SECOND QUESTION IS STATED AS FOLLOWS:

2. MAY THE FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFY FOR PAYMENT, AND MAY THE SECRETARY OF THE TREASURY PAY, AWARDS AUTHORIZED BY THE COMMISSION PURSUANT TO THOSE PORTIONS OF PUBLIC LAW 744 WHICH ADDED NEW SECTIONS 15, 16, AND 17 TO THE WAR CLAIMS ACT OF 1948, AS AMENDED, PROVIDING NEW CATEGORIES OF CLAIMS NOT HITHERTO COMPENSABLE UNDER THE ACT?

EVIDENTLY, THE DOUBT AS TO THE AUTHORITY OF YOUR COMMISSION TO CERTIFY FOR PAYMENT, AND AS TO THE AUTHORITY OF THE SECRETARY OF THE TREASURY TO PAY, AWARDS AUTHORIZED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF PUBLIC LAW 744.

SECTION 13 (A) OF THE WAR CLAIMS ACT OF 1948, AS AMENDED (50 U.S.C. APP. 2012 (A) PROVIDES AS FOLLOWS:

THERE IS CREATED ON THE BOOKS OF THE TREASURY OF THE UNITED STATES A TRUST FUND TO BE KNOWN AS THE WAR CLAIMS FUND. THE WAR CLAIMS FUND SHALL CONSIST OF ALL SUMS COVERED INTO THE TREASURY PURSUANT TO THE PROVISIONS OF SECTION 39 OF THE TRADING WITH THE ENEMY ACT OF OCTOBER 6, 1917, AS AMENDED (SECTION 39 OF THIS APPENDIX). THE MONEYS IN SUCH FUND SHALL BE AVAILABLE FOR EXPENDITURE ONLY AS PROVIDED IN THIS ACT (SECTIONS 2001-2012 AND 2013 OF THIS APPENDIX) OR AS MAY BE PROVIDED HEREAFTER BY THE CONGRESS. ( ITALICS ADDED.)

UNDER THAT SECTION MONEYS COVERED INTO THE WAR CLAIMS FUND ARE MADE "AVAILABLE FOR EXPENDITURE" AS PROVIDED IN THAT ACT OR AS MAY BE SUBSEQUENTLY PROVIDED BY THE CONGRESS. ALTHOUGH THE WORDS ,APPROPRIATE" OR "APPROPRIATED" ARE NOT USED IN SECTION 13 (A), THERE IS NO QUESTION BUT THAT THE LANGUAGE USED THEREIN PROVIDING THAT THE MONEYS IN THE WAR CLAIMS FUND,"SHALL BE AVAILABLE FOR EXPENDITURE," IN EFFECT, MAKES AN APPROPRIATION. SEE B-67175, JULY 16, 1947. THE ONLY LIMITATION IS THAT SUCH MONEYS MAY BE EXPENDED ONLY AS PROVIDED IN THE ACT OR AS MAY HEREAFTER BE PROVIDED BY THE CONGRESS:

SECTION 5 (E) OF THE WAR CLAIMS ACT OF 1948, AS AMENDED (50 U.S.C. APP. 2004 (E) (, PROVIDES IN PERTINENT PART, AS FOLLOWS:

ANY CLAIM ALLOWED BY THE COMMISSION UNDER THIS SECTION SHALL BE CERTIFIED TO THE SECRETARY OF THE TREASURY FOR PAYMENT OUT OF THE WAR CLAIMS FUND ESTABLISHED BY SECTION 13 OF THIS ACT, AND SHALL BE PAYABLE BY THE SECRETARY OF THE TREASURY TO THE PERSON ENTITLED THERETO * * *. ( ITALICS ADDED.)

SECTION 1 (C) OF PUBLIC LAW 615, 68 STAT. 759, 760, AMENDS THE ABOVE QUOTED SECTION OF THE WAR CLAIMS ACT BY INSERTING AFTER THE WORDS "UNDER THIS SECTION" THE FOLLOWING: "/EXCEPT UNDER SUBSECTION (G) ).' APPARENTLY, THE REASON FOR THIS AMENDMENT WAS TO INSURE KOREAN WAR CLAIMS WOULD NOT BE PAID FROM THE TRUST FUND ENTITLED THE " WAR CLAIMS FUND" ESTABLISHED PURSUANT TO SECTION 13 (A) OF THE WAR CLAIMS ACT, 62 STAT. 1247. IT APPEARS THAT CONGRESS INTENDS THAT THE KOREAN WAR CLAIM BENEFITS PROVIDED FOR BY PUBLIC LAW 615 SHALL BE PAID OUT OF APPROPRIATED FUNDS (SEE PAGE 4, H.R. NO. 2180, 83D CONGRESS, ACCOMPANYING H.R. 9390, WHICH BECAME PUBLIC LAW 615; SEE ALSO, PAGE 2 OF S.1REPT. NO. 2248, 83D CONGRESS, ACCOMPANYING H.R. 9390).

SECTION 6 (B) OF THE WAR CLAIMS ACT, AS AMENDED (50 U.S.C. APP. 2005 (B) ( PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THE COMMISSION IS AUTHORIZED TO RECEIVE, ADJUDICATE ACCORDING TO LAW AND PROVIDE FOR THE PAYMENT OF ANY CLAIM FILED BY ANY PRISONER OF WAR * * *. ANY CLAIM ALLOWED UNDER THE PROVISIONS OF THIS SUBSECTION SHALL BE CERTIFIED TO THE SECRETARY OF THE TREASURY FOR PAYMENT OUT OF THE WAR CLAIMS FUND ESTABLISHED BY SECTION 13 OF THIS ACT. ( ITALICS ADDED.)

THE ABOVE-QUOTED LANGUAGE OF SUBSECTION 6 (B) IS ALSO CONTAINED IN SUBSECTION 6 (D) (50 U.S.C. APP. 2005 (D) ( IN CONNECTION WITH BENEFITS PROVIDED BY THAT SUBSECTION 6 (D) ). ALSO, SUBSECTIONS 15 (E), 16 (E) AND 17 (D) OF THE WAR CLAIMS ACT, AS AMENDED, AS ADDED BY PUBLIC LAW 744, ALL CONTAIN LANGUAGE PROVIDING THAT CLAIMS ALLOWED "UNDER THIS SECTION" SHALL BE CERTIFIED TO THE SECRETARY OF THE TREASURY FOR PAYMENT OUT OF THE WAR CLAIMS FUND ESTABLISHED BY SECTION 13 (A) OF THE ACT.

THERE CAN BE NO DOUBT THAT SUBSECTIONS 5 (E), 6 (B), 15 (E), 16 (E) AND 17 (D) SET FORTH THE MANNER IN WHICH THE FUNDS MADE AVAILABLE FOR EXPENDITURE BY SECTION 13 (A) SHALL BE PAID TO SATISFY CLAIMS ALLOWED PURSUANT TO SUCH SECTIONS OR SUBSECTIONS, AS THE CASE MAY BE. THUS IT IS CLEAR THAT THE WAR CLAIMS ACT OF 1948, AS AMENDED, MAKES FUNDS AVAILABLE FOR THE PAYMENT OF AWARDS AUTHORIZED BY YOUR COMMISSION UNDER THE SECTIONS OR SUBSECTIONS OF THAT ACT WHICH ARE PROPERLY FOR ADMINISTRATION BY YOUR COMMISSION EXCEPT THE REFERRED TO KOREAN CLAIMS.

ACCORDINGLY, ASSUMING THERE ARE SUFFICIENT MONEYS IN THE WAR CLAIMS FUND TO COVER AWARDS AUTHORIZED BY YOUR COMMISSION, BOTH QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE.