B-116566 September 14, 1953

B-116566 September 14, 1953

Lester H. Thompson, Authorized Certifying Officer Federal Housing Administration

Dear. Mr. Thompson:

Reference is made to your letter dated August 6, 1953, requesting a decision whether you may certify for payment the voucher transmitted therewith in the amount of $272.41, which represents salary not paid Ward Cox for the period July 19 to 27, 1953, as Assistant Commissioner, Cooperative Housing Division, Federal Housing Administration. You state that the said position as Assistant Commissioner was abolished July 27, 1953, but that, in view of the provisions of law referred to hereinafter, question has arisen whether Mr. Cox is entitled to the salary otherwise applicable to that position during the period July 1 to 27, 1953--it being stated that the salary for the period July 1 through July 4 was paid to him, and that his salary check for the period July 5 through July 18 has not been delivered to him.

Title II of the First Independent Offices Appropriation Act, 1954, Public Law 176, approved July 31, 1953, 67 Stat. 313, authoritizes the Federal Housing Administration "to make such expenditures, within the limits of funds * * * and in accord with law * * * as may be necessary in carrying out the programs set forth is the Budget for the fiscal year 1954 * * * except as hereinafter provided." The specific authorization and appropriation of funds for administrative expenses of the Federal Housing Administration (67 Stat. 315) provided further "That the position of Assistant Commissioner, established pursuant to section 213(f) of the National Housing Act, as amended, is no longer authorized." The referred- to section 213(f) was enacted April 25, 1950, 64 Stat. 56, 12 U.S.C. 1715e(f), and reads in pertinent part as follows:

"* * * In the performance of, and with respect to, the functions, powers, and duties vested in him by this section, the Commissioner, notwithstanding the provisions of any other law, shall appoint an Assistant Commissioner to administer the provisions of this section under the direction and supervision of the Commissioner." (Underscoring supplied.)

In light of the facts and circumstances related in your letter resourse here must be made to the chronology of the legislative sections prior to July 31, 1953. During the period may so 20 to July 28, 1953, during which the House and Senate remained in disagreement regarding the continuance of the said position, temporary appropriations made for the beginning of operations in fiscal year 1954 were provided by the Joint Resoluation, approved June 30, 1953, Public Law 91, 67 Stat. 117. Section 1 thereof in pertinent part is, as follows:

"(a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1953 and for which appropriations, funds, or other authority would be made available in both the House and Senate versions of the following appropriation Acts:

"First Independent Offices Appropriation Act, 1954;

Department of State, Justice, and Commerce Appropriation Act, 1954;

Departments of State, Justice, and Commerce Appropriation Act, 1954;

Civil Functions Appropriation Act, 1954;

Interior Department Appropriation Act, 1954.

"(2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided for by the pertinent appropriation Act: Provided, That in any case where the amount which would be made available or the authority which would be granted uner such Act as passed by the House is different free that which wold be made available or granted under such Act as passed by the Senate, the pertinent project or activity shall be carried out under the lesser amount or the more restrictive authority."

Prior to July 28, 1953, the language relative to the position of Assistant Commissioner was not contained in both the House and the Senate versions of H.R. 4663 which becamse Public Law 176, but manifestly the language of section 1 of Public Law 91 was not designed to amend nullify prior permanent law which theretofore required, or might thereafter require, the continuance of a specific project or activitiy during July 1953. See House Report No. 681, dated June 27, 1953. In the provisions for the temporary appropriations, the Congress intended that those projects or activities lawfully conducted by the Federal Housing Administration were to be contined subject to basic authority existing prior to June 30, 1953, but within the limitations or specific restrictions upon funds in accordance with the applicable criteria of subsection 1(a)(2).

In that respect, it is a settled rule the laws are to be given a sensible construction where a literal application thereof would lead to unjust or absurd consequences, which should be avoided if a reasonable application is consistent with the legislative purpose. In this case, if the Congress had intended that no part of the temporary appropriations be used for payment of the salary of the position in question, or that it be abolished as of July 1, 1953, specific language to that effect would have been supplied in the usual manner. Compare, for example, the similar provisions at 63 Stat. 67.

Therefore, I am inclined to concur in the view expressed by your General Counsel that the Joint Resolution approved June 30, 1953, Public Law 91, supra, did not have the effect of nullifying the mandatory provisions of section 213(f) of the National Housing Act, as amended, until both the House and the Senate had agreed thereto. Accordingly, it is concluded that the words "the lesser amount or the more restrictive Authority" as used in subsection 1(a)(2) of Public Law 91 had reference to seen funds and authority as theretofore were provided in appropriations for fiscal year 1953, and which might be changed, enlarged or restricted from year to year. In that view of the matter, the voucher which is returned herewith may be certified for payment, if otherwise correct.

Sincerely yours,

Lindsay C. Warren Comptroller General of the United States

Enclosure