B-135897, MAY 5, 1958, 37 COMP. GEN. 732

B-135897, MAY 5, 1958, 37 COMP. GEN. 732

MILITARY PERSONNEL - ECONOMY ACT LOSS CLAIMS - APPROPRIATION AVAILABILITY THE AUTHORIZATION FOR AN APPROPRIATION IN THE ACT OF SEPTEMBER 2, 1957, 71 STAT. 575, WHICH PROVIDES FOR PAYMENT OF INEQUITABLE LOSSES IN PAY SUSTAINED BY OFFICERS OF THE UNIFORMED SERVICES UNDER EMERGENCY ECONOMY LEGISLATION, DOES NOT CONSTITUTE AN APPROPRIATION NOR EXPAND THE AVAILABILITY OF APPROPRIATIONS THEREAFTER MADE IN THE ABSENCE OF A SPECIFIC STATUTORY PROVISION, AND THE FACT THAT THE COAST GUARD COMMANDANT ADVISED THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, THAT SUCH CLAIMS BY OFFICERS OR FORMER OFFICERS OF THE COAST GUARD WERE TO BE PAID FROM THE 1959 COAST GUARD APPROPRIATION DOES NOT HAVE THE EFFECT OF MAKING THE APPROPRIATION AVAILABLE FOR PAYMENT OF THE CLAIMS.

TO THE SECRETARY OF THE TREASURY, MAY 5, 1958:

THERE ARE PENDING BEFORE OUR OFFICE FOR SETTLEMENT A NUMBER OF CLAIMS MADE BY OFFICERS AND FORMER OFFICERS OF THE UNITED STATES COAST GUARD (AND THE WIDOWS AND LEGAL REPRESENTATIVES OF DECEASED OFFICERS) FOR ADDITIONAL PAY AND ALLOWANCES BELIEVED TO BE DUE UNDER PUBLIC LAW 85-255, APPROVED SEPTEMBER 2, 1957, 71 STAT. 575, WHICH PROVIDES:

THAT UPON APPLICATION OF ANY OFFICER OR FORMER OFFICER (INCLUDING THE WIDOWS AND LEGAL REPRESENTATIVES OF SUCH OFFICERS WHO ARE DECEASED) OF THE SERVICES MENTIONED IN THE JOINT PAY ACT OF JUNE 10, 1922, WHO, UPON ADVANCEMENT IN RANK, DID NOT RECEIVE AN INCREASE IN THE RATES OF PAY OR ALLOWANCES FOR ANY PART OF THE PERIOD BEGINNING JULY 1, 1932, AND ENDING JUNE 30, 1934, BY REASON OF THE APPLICATION IN THE CASE OF SUCH OFFICER OF SECTION 201 * * * OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1933, THE COMPTROLLER GENERAL SHALL DETERMINE THE AGGREGATE AMOUNT OF PAY AND ALLOWANCES, IN ADDITION TO THAT OTHERWISE ACCRUING, WHICH WOULD HAVE ACCRUED TO SUCH OFFICER IF SUCH SECTION HAD NOT BEEN APPLIED IN HIS CASE (EXCEPT AS TO LONGEVITY) AND PAY TO SUCH OFFICER THE AMOUNT SO DETERMINED.

SECTION 2 OF THE ACT PROVIDES THAT "THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH A SUM AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.'

AS OF THE PRESENT DATE, OUR CLAIMS DIVISION HAS EXAMINED, AND DETERMINED TO BE ALLOWABLE, COAST GUARD CLAIMS UNDER PUBLIC LAW 85-255 FOR AMOUNTS AGGREGATING MORE THAN $30,000. HOWEVER, NO AMOUNTS HAVE BEEN CERTIFIED FOR PAYMENT FOR THE REASON THAT THERE APPEARS TO BE NO AVAILABLE APPROPRIATION FROM WHICH SUCH CLAIMS MAY BE PAID.

IT HAS BEEN NOTED THAT ON PAGE 339 OF APPROPRIATION HEARINGS OF JANUARY 29, 1958, BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, 85TH CONGRESS, SECOND SESSION, THE COMMANDANT OF THE COAST GUARD MADE REFERENCE TO PUBLIC LAW 85-255 AND STATED THAT, UNLESS THE COMMITTEE HAD OBJECTION, IT WAS PLANNED TO PAY SUCH CLAIMS ARISING UNDER THAT ACT AS ARE APPROVED BY THE COMPTROLLER GENERAL OF THE UNITED STATES FROM THE 1959 COAST GUARD APPROPRIATION FOR " OPERATING EXPENSES.' HE FURTHER STATED THAT "THIS EXPENSE WILL BE APPROXIMATELY $20,000.' APPEARS FROM AN EXAMINATION OF PUBLIC LAW 85-354, APPROVED MARCH 28, 1958, 72 STAT. 61, MAKING APPROPRIATIONS FOR THE TREASURY AND POST OFFICE DEPARTMENTS AND THE TAX COURT OF THE UNITED STATES FOR THE FISCAL YEAR ENDING JUNE 30, 1959, THAT NO SPECIFIC PROVISION WAS MADE THEREIN FOR THE USE OF THE FUNDS APPROPRIATED BY THAT ACT FOR PAYMENT OF ANY CLAIMS ARISING UNDER PUBLIC LAW 85-255.

IT IS, OF COURSE, A WELL-ESTABLISHED RULE THAT THE APPROPRIATIONS PROVIDED BY CONGRESS TO THE FEDERAL AGENCIES MAY BE USED ONLY FOR THE OBJECTS FOR WHICH THEY ARE MADE AND NO OTHERS. SECTION 3678, REVISED STATUTES, 31 U.S.C. 628. THE AUTHORIZATION FOR AN APPROPRIATION CONTAINED IN SECTION 2 OF PUBLIC LAW 85-255 DOES NOT CONSTITUTE AN APPROPRIATION OR EXPAND THE AVAILABILITY OF APPROPRIATIONS THEREAFTER MADE IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS TO INDICATE SUCH A PURPOSE. 19 COMP. GEN. 961; 26 COMP. GEN. 452. THUS WE ARE REQUIRED TO CONCLUDE THAT THE STATEMENT MADE BY THE COMMANDANT BEFORE A SUBCOMMITTEE OF THE HOUSE OF REPRESENTATIVES DID NOT HAVE THE EFFECT OF MAKING AVAILABLE FOR PAYMENT OF CLAIMS ARISING UNDER PUBLIC LAW 85-255 FUNDS THEREAFTER APPROPRIATED FOR " OPERATING EXPENSES" OF THE COAST GUARD.

THIS MATTER IS BROUGHT TO YOUR ATTENTION AT THIS TIME IN ORDER THAT AN APPROPRIATE REQUEST FOR AN APPROPRIATION MAY BE SUBMITTED TO CONGRESS DURING THE PRESENT SESSION.