B-152052, JUL. 29, 1963

B-152052, JUL. 29, 1963

TO MR. FLOYD E. DOTSON, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1963, REQUESTING OUR ADVICE REGARDING CERTIFICATION OF THE PAYROLL VOUCHER ENCLOSED THEREWITH. THE PAYROLL COVERS THE SALARIES OF THE 14 EMPLOYEES OF THE OFFICE OF MINERALS AND SOLID FUELS, DEPARTMENT OF THE INTERIOR, FOR THE PERIOD JULY 1-6, 1963. THE APPROPRIATION PROPOSED TO BE CHARGED WITH THE AMOUNT OF THE VOUCHER, $3,220.01, IS THE APPROPRIATION FOR SALARIES AND EXPENSES, OFFICE OF THE SECRETARY, 1964.'

YOUR QUESTION IN THE MATTER ARISE BECAUSE OF THE LIMITATIONS CONTAINED IN THE ACT OF JUNE 29, 1963, PUB.L. 88-55, 77 STAT. 74, PROVIDING CONTINUING APPROPRIATIONS FOR JULY AND AUGUST OF THE FISCAL YEAR 1964. THE FACTS INVOLVED ARE SUMMARIZED AS FOLLOWS:

PRIOR TO FISCAL YEAR 1964, THE OFFICE OF MINERALS AND SOLID FUELS (FORMERLY OFFICE OF MINERALS MOBILIZATION) HAD BEEN FINANCED BY FUNDS ADVANCED AND TRANSFERRED FROM APPROPRIATIONS MADE TO THE OFFICE OF EMERGENCY PLANNING. IN FISCAL YEAR 1963, THE SUM OF $349,485 WAS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR OF WHICH $184,085 WAS ALLOCATED TO THE OFFICE OF MINERALS AND SOLID FUELS.

FOR FISCAL YEAR 1964, IT WAS CONTEMPLATED THAT THE OFFICE OF MINERALS AND SOLID FUELS WOULD BE ASSIGNED CERTAIN DEPARTMENTAL FUNCTIONS IN ADDITION TO THOSE EMERGENCY PLANNING FUNCTIONS PREVIOUSLY PERFORMED. CONSEQUENTLY, THE 1964 BUDGET OF THE DEPARTMENT OF THE INTERIOR INCLUDED A REQUEST OF $110,000 FOR THE OFFICE OF MINERALS AND SOLID FUELS. THIS REQUEST FOR DIRECT APPROPRIATIONS FOR $110,000 WAS DENIED BY BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE 1964 BUDGET ALSO INCLUDES A REQUEST BY THE OFFICE OF EMERGENCY PLANNING FOR $550,000 TO BE TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR FOR EMERGENCY PLANNING RESPONSIBILITIES, BUT NO ACTION THEREON HAS BEEN TAKEN BY THE HOUSE OF REPRESENTATIVES OR BY THE SENATE.

IN VIEW OF THESE FACTS, IT IS STATED THAT REDUCTION-IN-FORCE NOTICES WERE ISSUED ON JULY 17, 1963, TO EIGHT EMPLOYEES OF THE OFFICE OF MINERALS AND SOLID FUELS. HOWEVER, BECAUSE OF THE REQUIREMENTS FOR 30 DAYS' NOTICE, THE EMPLOYEES CANNOT BE SEPARATED UNTIL AUGUST 16 AND THE EMPLOYEES SO SEPARATED WILL BE ENTITLED TO LUMP SUM PAYMENT FOR ACCUMULATED ANNUAL LEAVE. IT IS STATED THAT RESTRICTIONS HAVE BEEN IMPOSED ON OTHER EXPENDITURES SO THAT TOTAL EXPENDITURES BY THE OFFICE OF MINERALS AND SOLID FUELS WILL NOT EXCEED $100,000 FOR THE FISCAL YEAR 1964.

THE BUDGET REQUEST FOR 1964 RELATIVE TO THE OFFICE OF MINERALS AND SOLID FUELS CONTEMPLATED THE ESTABLISHMENT OF AN APPROPRIATION FOR "SALARIES AND EXPENSES, OFFICE OF MINERALS AND SOLID FUELS.' PAYMENT OF SALARIES TO EMPLOYEES OF THAT OFFICE WOULD BE PAID ORIGINALLY FROM THIS NEW APPROPRIATION AND IT WOULD BE REIMBURSED QUARTERLY THE PROPORTIONATE SHARE CHARGEABLE TO THE FUNCTIONS PERFORMED ON BEHALF OF THE OFFICE OF EMERGENCY PLANNING. SINCE, AS STATED ABOVE, THE CONGRESS DENIED THE REQUEST FOR THE PROPOSED NEW APPROPRIATION, THERE APPEARS NO APPROPRIATION MADE TO THE DEPARTMENT OF THE INTERIOR INCLUDING THAT OF "SALARIES AND EXPENSES, OFFICE OF THE SECRETARY" AS PROPOSED ON THE VOUCHER, WHICH PROPERLY NOW MAY BE CHARGED WITH THE PAYROLL IN QUESTION. SEE SECTION 3678, REVISED STATUTES, 31 U.S.C. 628. THE PAYROLL ATTACHED TO YOUR LETTER THEREFORE MAY NOT BE CERTIFIED.

UNDER THE PROVISIONS OF SECTION 101 (B) OF PUB.L. 88-55, FUNDS ARE APPROPRIATED TO THE OFFICE OF EMERGENCY PLANNING FOR CONTINUING PROJECTS OR ACTIVITIES WHICH WERE CONDUCTED IN THE FISCAL YEAR 1963 AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE CURRENT RATE OR THE RATE PROVIDED FOR IN THE BUDGET ESTIMATE, WHICHEVER IS LOWER, AND UNDER THE MORE RESTRICTIVE AUTHORITY. SINCE THE BUDGET ESTIMATE FOR THAT OFFICE WAS GREATER THAN THE AMOUNT APPROPRIATED FOR FISCAL YEAR 1963, THE OFFICE OF EMERGENCY PLANNING WOULD BE RESTRICTED TO 1/6 OF THE 1963 APPROPRIATION FOR THE MONTHS OF JULY AND AUGUST 1963. IT IS ONLY THE APPROPRIATE PORTION THEREOF ALLOCATED OR SUBALLOCATED TO THE OFFICE OF MINERALS AND SOLID FUELS WHICH IS AVAILABLE FOR ITS OPERATIONS DURING THAT PERIOD.