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APPROPRIATIONS-Continued
Limitations-Continued
Personal services Continued

other than as provided in Federal
Employees Pay Acts of 1945 and 1946
placed specific limitation upon use of
appropriated funds for fiscal year 1948
which G. A. O. is required to observe
and is without authority to certify for
payment claims for overtime compen-
sation contrary thereto, notwithstand-
ing decision by Court of Claims that
limitation did not preclude payment
under act of Mar. 2, 1931, from other

appropriations....
National Labor Relations Board-collec-

tions representing reimbursements for
salaries of National Labor Relations
Board employees loaned to other agen-
cies pursuant to act of June 30, 1932,
are available for obligation and expen-
diture for personal services of Board
and should be credited to account
administratively established to record
such expenditures; however, limita-
tion on personal services contained in
Board's 1952 appropriation applies
only to expenditures for personal serv-
ices of Board, which are gross expendi

tures less salary reimbursements......
Promotion restrictions:
Under provisions of sec. 1310 (c) of Sup-

plemental Appro. Act, 1952, pro-
hibiting promotion or transfer of any
person whose position is subject to
Classification Act of 1949,
amended, to higher grade under act
unless he has served at least one
year in next lower grade or is within
reach for appointment to higher
grade position on competitive civil
service register, persons with prior
service in such positions who have
not completed required period in
grade when reached for appointment
to higher grade position of attorney
on non-civil service register, estab-
lished by Federal Trade Com., may

not be appointed to higher grade...
Inasmuch as appointments to posi-

tions of special agent and special
employee in F. B. I. from Bureau's
competitive register, which positions
are excepted from classified civil
service, are not to be regarded as
appointments from "competitive
civil service register" within mean-
ing of that term as used in sec. 1310
(c) of Supp. Appro. Act, 1952, ex-
cepting civil service register appoint-
ments from promotion restrictions
of said section, positions of special
agent and special employee are sub-
ject to promotion restrictions of
other provisions of that section.....

Page APPROPRIATIONS-Continued

Page
Limitations Continued
Personal services Continued
Promotion restrictions Continued
Reduction in force actions-employee

who, after receipt of reduction in
force notice and prior to expiration of
notice period, resigns and is reem-
ployed by another agency, or is
transferred to position in another
agency in lower grade may be re-
stored to position in grade held by
him prior to receipt of said notice

without violating promotion re-
73

strictions of sea 1310 (c) of Supp.
Appro. Act, 1952.

386
Reimbursements for interagency sery-

ices-National Labor Relations
Board-collections representing reim-
bursements for salaries of National
Labor Relations Board employees
loaned to other agencies pursuant to
act of June 30, 1932, are available for
obligation and expenditure for per-
sonal services of Board and should be
credited to account administratively
established to record such expendi-
tures; however, limitation on personal
services contained in Board's 1952

appropriation applies only to expendi-
190

tures for personal services of Board,
which are gross expenditures, applies
only to expenditures less salary reim-
bursements...

190
Restriction on appointments to vacant

positions:
In applying provisions of sec. 605 of

Independent Offices Appro. Act,
1952, prohibiting expenditure of
funds for payment of compensation
of employees appointed to positions
becoming vacant during fiscal year
1952, exception from inhibition of
said section of “not to exceed 25 per
centum of all vacancies” applies to
vacancies occurring throughout en-
tire 1952 fiscal year rather than only
to those occurring on and after Aug.

31, 1951, date of enactment of said
205
act into law...

109
Restriction in sec. 605 of Independent
Offices Appro. Act, 1952, upon use
of appropriated funds for payment
of compensation of employees ap-
pointed to positions becoming va-
cant during fiscal year 1952, is on
any appropriation or authorization
contained in act, and therefore where
more than one is available to agency
for salaries, restriction is applicable
to each individual appropriation or
authorization...

109
Advance to working funds—inasmuch

as advance of funds to working fund

is subject to same restrictions in
426

hands of performing agency as would

as

APPROPRIATIONS-Continued Page APPROPRIATIONS-Continued Page
Limitations Continued

Limitations-Continued
Personal services-Continued

Personal services Continued
Restriction on appointments to vacant

Restriction on appointments to racant
positions Continued

positions Continued
be case if such funds were being used

Employment ceiling computation
by advancing agency, restriction in

Continued
sec. 605 of Independent Offices Ap-

shall cease to apply when agency
pro. Act, 1952, upon use of appropri-

reduces its employment to 90 per.
ated funds for payment of compen-

cent or less of total number on its
sation of employees appointed to

rolls on July 1, 1951, 90 percent
positions becoming vacant during

is based upon total employment
fiscal year 1952, cannot be defeated

as of that date, including tem-
by transfer of funds to another

porary, part time, etc., employees,
agency

109

however,
vacancies

occurring
Employment ceiling computation:

through reductions in force be-
Immediate reduction in force by

cause of decreases in funds are not
agency to 90 per centum of total

for consideration in determining
number of employees on its rolls

when 90 percent ceiling is reached. 109
as of July 1, 1951, as result of opera-

In applying provisions of sec. 703 of
tion of sec. 605 of Independent

Labor-Federal Security Appro.
Offices Appro. Act 1952, restrict-

Act, 1952, restricting expenditure
ing use of appropriated funds for

of funds for payment of compensa-
payment of compensation of em.

tion of employees appointed to
ployees appointed to positions be-

positions becoming vacant during
coming vacant during fiscal year

fiscal year 1952, to funds made
1952, may be considered as in com.

available by transfer in connection
pliance with said sec., so that when

with reimbursable transaction
reduction has resulted in bringing

there may be used composite
annual total employment down to

ceiling established on basis of in-
or below 90 per centum figure con-

dividual ceilings calculated by
tained therein sec. shall cease to

analysis of each source of funds,
apply until that figure again is

also composite ceiling should in.
exceeded.....

128

clude in addition to that provided
In determining number of vacant

by direct appropriations, personnel
positions which may be filled by

to be compensated from antici-
agency under provisions of see.

pated or unanticipated advances
605 of Independent Offices Appro.

or reimbursements from appro-
Act, 1952, placing restriction there-

priations subject to restrictions
on, number of occupied positions

contained in sec. 703 of act....... 512
may at no time during effective

Exceptions-funds advanced or reim-
period of act exceed 25 per centum

bursed from appropriations falling
of total number of vacancies which

within exceptions to provisions of
occurred during period July 1

sec. 703 of Labor-Federal Security
through Aug. 30, 1951, and not

Appro. Act, 1952, prohibiting er-
filled as of latter date, plus those

penditure of funds for payment of
wbich have occured since that date.. 109

compensation of employees appointed
The 90 percent ceiling on employees

to positions becoming vacant
under sec. 605 of Independent

during fiscal year 1952, may be
Offices Appro. Act, 1952, which,

expended without regard to limita-
when reached, permits unre-

tions of sec. 703 except with respect
stricted filling of vacancies, is to

to reimbursable transactions related
be computed with reference to

to appropriations subject to restric
number of employees on rolls of

tion..--

512
agency on July 1, 1951, even

Geological Survey-in applying pro-
though current appropriation

visions of sec. 605 of Independent
may have been increased to per-

Offices Appro. Act, 1952, restricting
mit employment of more persons

expenditure of funds for payment of
than were employed by agency

compensation of employees ap-
during last fiscal year....... 109

pointed to positions becoming va-
Under proviso in sec. 605 of Inde-

cant during fiscal year 1952, to funds
pendent Offices Appro. Act, 1952,

made available to Geological Survey
that restriction in act upon use of

by transfer there may be used com-
appropriated funds for payment

posite personnel ceiling established
of compensation of employees ap-

on basis of individual ceilings calcu-
pointed to positions becoming

lated by analysis of each source of
vacant during fiscal year 1952

funds.....

153

APPROPRIATIONS-Continued Page APPROPRIATIONS-Continued Page
Limitations-Continued

Limitations-Continued
Personal services-Continued

Personal services Continued
Restriction on appointments to vacant

Restriction on appointments to vacant
positions-Continued

positions-Continued
New positions-prohibition in sec.

that restriction in act upon use of
605 of Independent Offices Appro.

appropriated funds for payment of
Act, 1952, upon expenditure of funds

compensation of employees ap-
for payment of compensation of em.

pointed to positions becoming va-
ployees appointed to positions be-

cant during fiscal year 1952 shall
coming vacant during fiscal year

cease to apply when agency reduces
1952, includes positions wbich were

its employment to 90 percent or less
established on or after July 1, 1952,

of total number on its rolls on July
and were vacant on Aug. 31, 1951,

1, 1951, 90 percent is based upon total
date of enactment of act, but does

employment as of that date, includ-
not apply to new positions estab-

ing temporary, part-time, etc., em.
lished on or after Aug. 31, 1951 by

ployees however, vacancies occur.
lunds and authority which did not

ring through reductions in force be-
exist until enactment of appropria-

cause of decreases in funds are not
tion act, until such positions are

for consideration in determining
filled and subsequently vacated.... 109

when 90 percent ceiling is reached.. 109
Operative period:

Veterans administration medical per-

sonnel--the 90 per centum employ.
In applying provisions of sec. 703

ment limitation in sec. 605 of Inde.
of Labor-Federal Security Appro.

pendent Offices Appro. Act, 1952,
Act, 1952, restricting expenditure

which prohibits expenditure of funds
of funds for payment of compensa-

for payment of compensation of em-
tion of employees appointed to

ployees appointed to positions be-
positions becoming vacant during
fiscal year 1952, to funds made

coming vacant during fiscal year 1952

to figure not exceeding 90 per centum
available by transfer in connection

of total number of employees on rolls
with reimbursable transaction

of agency as of July 1, 1951, does not
there may be used composite

include medical personnel of Veter-
ceiling established on basis of in-

ans Adm. who are specifically ex-
dividual ceilings calculated by

cepted from inhibition but relates
analysis of each source of funds;

only to persons otherwise subject to
also composite ceiling should in-

section..

128
clude in addition to that provided

Publicity and propaganda prohibition-
by direct appropriations, per-

National Labor Relations Board-pub-
sonnel to be compensated from

licity or propaganda prohibition con-
anticipated or unanticipated ad-

tained in sec. 702 of Labor-Federal Secu-
vances or reimbursements from
appropriations subject to restric-

rity Appro. Act, 1952, is not for applica-

tion to functions of National Labor Rela-
tions contained in sec. 703 of act. 512

tions Board which deal with dissemina-
The 90 percent ceiling on employees

tion to general public, or to particular
under sec. 703 of Labor-Federal

inquirers, of information reasonably nec-
Security Appro. Act, 1952, which

essary to proper administration of laws
when eached and not exceeded,

duty for enforcement of which falls upon
permits unrestricted filling of

Board; however, employment of more
vacancies upon basis of employ.

than four persons at any one time in
ment level in agency as whole, so

preparation of press releases which do
that use of appropriation for pay.

not relato primarily to work of Board is
ment of compensation in conduct

prohibited under said section..

311
of reimbursable transactions car-

Specific v. general-specific limitation in
ried on under authority of sec.

appropriation “Capital Outlay, Public
601 of Economy Act, 1932, as

School Construction, Sites and Equip-
amended, is prohibited only when

ment" contained in Dist. of Col. Appro.
restrictive provision of sec. 703 is

Act, 1952, upon amount to be made
operative with respect to Federal

available for use of Municipal Architect,
Security Agency as whole or be-

fixes maximum amount that may be
comes operative because services

transferred to appropriation account
performed incident to reimburs-

"Office of Municipal Architect, Con-
able transaction requires filling

struction Services," for plans and speci-
of vacancies in contravention of

fications incident to public school con-
said restriction....

512

struction, and therefore, general percent-
Vacancies due to reduction in force-

age limitation provision on construction
under proviso in sec. 605 of Inde-

work provided in said act may not oper-
pendent Offices Appro. Act, 1952,

ate to increase amount so fixed.......... 578

or

APPROPRIATIONS-Continued Page | APPROPRIATIONS-Continued Page
Merged:

appropriating act, reimbursement to
Fiscal year funds:

agency for services performed for another,
Balances merged with following year

where order is placed, service performed
appropriation:

and reimbursement to multiple year ap-
Personal service limitation:

propriation all occur during one fiscal year
Personal service limitation on ap.

assumes life of multiple year appropria-
propriation for Federal-aid airport
tion...

83
program, Federal Airport Act con- . National Capital Sesquicentennial Commis-
tained in Dept. of Commerce

sion-theatrical production expenditures-
Appro. Act. 1952, is applicable to

while legislative history of Supp. Appro.
funds carried over from 1951 appro-

Act, 1950, appropriating funds for expend.
priation and merged with funds

iture by National Capital Sesquicenten
made available by 1952 act. ------ 275 nial Com, in accordance with acts of July
Personal services limitation on funds

18, 1947, and May 31, 1949, indicates that
appropriated in the Dept. of Com

substantial portion of such funds were to be
merce Appro. Act, 1952, for Seven-

used as capital cushion for Freedom Fair,
teenth Decennial Census is not

limitation to that effect was not contained
applicable to unobligated balances

in said appropriation act, accordingly,
of prior year funds for said Census

balance of appropriated funds is available
with which 1952 appropriation was

for expenses reasonably necessary
merged...

368 incident to production of drama “Faith
Personal services limitation in ap-

of Our Fathers" for third season.----

412
propriation for Federal-aid airport Navy Department-Navy Management
program, Federal Airport Act con-

Fund 1951-transfer to Working Capital
tained in Dept. of Commerce Ap-

Funds-Navy Management Fund, 1951,
pro. Act, 1952, is applicable only

established by sec. 406 of National Security
to lunds appropriated therefor in

Act, as amended, is appropriated within
1952 act and does not apply to any

meaning of term any appropriations as
of 1951 funds merged with 1952

used in sec. 405 of act establishing Working
appropriation. 31 C. G. 275, over-

Capital Funds by transfer thereto of un-
ruled..

543 expended balances of any appropriations
Personal services limitation on funds

of military departments not carried to
appropriated for Tongass Forest

surplus fund of Treasury, provided no
Highways, Alaska, and Inter-

deficiency is incurred in any of appro
American Highway contained in

priations as result of such transfer.... 7
Dept. of Commerce Appro. Act,

Obligation See also, Appropriations, fiscal
1952, .s applicable only to appro

year
priations made therein and does

Civil defense contributions to States:
not apply to any balances of prior

Expenses incurred prior to Government
appropriations for such purposes

commitments_authorization in sec.
merged with 1952 appropriations.

201 (i) of Federal Civil Defense Act,
B-106306. Dec. 12, 1951, overruled. 543

1950, to make contributions to States
Exclusion from merger with no year

on basis of civil defense programs or
funds-general provisions of sec. 202

projects approved by Administrator
(b) of Budget and Accounting Proce-

includes authority to make contribu-
dures Act of 1950 authorizing merger

tions upon Administrator's approval
of funds transferred thereunder with

where equipment was contracted for
similar funds do not prevail over spe-

and purchased by State after date
cific provisions of sec. 711 of Defense

Federal appropriation became avail-
Production Act of 1950, as amended,

able for such contribution but prior
restricting availability of funds allo-

to Gov'ts. commitment to contribute
cated or transferred to period specified

to cost thereof; however, retroactive
in acts making such funds available,

payments may not be made for obliga-
so that funds available for salaries and

tions incurred or expenditures made
expenses of Defense Materials Procure-

by States prior to date appropriation
ment Agency for service of fiscal year

becomes available to make contribu
may not be merged with those made

tions to States..
available until expended..

342 State's acceptance of agreement as
Multiple year-reimbursement for intera-

determining factor-appropriations
gency services-period of availability-

made available to Federal Civil
under last proviso of sec. 1210 of act of

Defense Adm. for financial contribu
Sept. 6, 1950, which restricts use of funds

tions to States for procurement of
withdrawn from one appropriation for

equipment, facilities, etc. pursuant
credit to another pursuant to sec. 601 of

to sec. 201 (i) of Federal Civil Defense
act of June 30, 1932, to period provided by

Act of 1950, are legally obligated

521

APPROPRIATIONS-Continued
Obligation-Contipued
Civil defense contributions to States
Continued

on effective date of State's accept-
ance of agreement setting forth
conditions under which contribution
is made, and remain available for
expenditure for two years following
fiscal year or years for which appro-
priated, even though contracts with
suppliers-entered into by Govt. or
State--for actual procurement are
not executod during said fiscal year

or years.
Interagency services-in view of last pro-

viso of sec. 1210, act of Sept. 6, 1950,
which restricts use of funds withdrawn
from one appropriation for credit to
another, under sec. 601 of act of June
30 1932, to period provided by appro.
priating act order for work or service
placed by one agency with another no
longer obligates appropriation of order-
ing agency in same manner as orders or
contracts placed with private con.
tractors and therefore work or service
covering more than one fiscal year is to
be charged to appropriation for fiscal
year in which work is performed or

service is rendered...--
Retroactive salary payments of transferred

employees-employees in positions sub-
ject to increased compensation amend.
ment to Classification Act of 1949 who
transferred from one agency to another,
or from one bureau to another within
same department operating under
separate appropriations between ef-
fective date of said amendment and
date of its approval are to receive their
retroactive payments from agency or
department authorized to obligate
appropriations or funds which were
charged with employee's salaries during

period involved.....
Post Office Department:
“Postal operations":
Employment of substitutes:
Annual and sick leave of absence with

pay for postmasters of post offices
of fourth class having been author-
ized by sec. 6 of act of July 6, 1945,
expense of employing persons to
act in lieu of such postmasters while
absent on Saturday, which is also
holiday occurring within or at be-
ginning or end of period of annual or
sick leave may be made from appro-
priation “Postal Operations" con.
tained in Post Office Dept. Appro.
Act, 1951, provided compensation
for replacements for such post-
masters is administratively de-
termined to be expense necessary
for postal operations...

Page APPROPRIATIONS—Continued

Post Office Department-Continued
“Postal operations"-Continued
Employment of substitutes-Continued
General appropriation for expenses

necessary for postal operations not
otherwise provided for in P. O.
Dept. Appro. Act, 1952, is available
for payment of compensation for
replacements of any postmasters
who are absent on official business
of postal service, court or jury duty,
or for required training duty as mem-

ber of National Guard or Reserve
608

components provided compensa-
tion for such replacements is ad
ministratively determined to be
expense necessary for postal opera-

tions.
Reimbursement:
Interagency services:
Accounting, etc. procedure-collections

representing reimbursements for sal-
aries of National Labor Relations
Board employees loaned to other
agencies pursuant to act of June 30,
1932. are available for obligation and
expenditure for personal services of
Board and should be credited to

account administratively established
83

to record such expenditures. however,
limitation on personal services con
tained in Board's 1952 appropriation
applies only to expenditures for per-
sonal services of Board, which are
gross expenditures less salary reim-

bursements
Period of availability:
Under last proviso of sec 1210 of act of

Sept. 6. 1950. which restricts use of
funds withdrawn from one appro
priation for credit to another pursu.
ant to sec. 601 of act of June 30, 1932,
to period provided by appropriating

act, reimbursement to agency for
166

services performed for another,
where order is placed, service per-
formed and reimbursement to multi.
ple year appropriation all occur
during one fiscal year, assumes life

of multiple year appropriation....
Under last proviso of sec 1210, act of

Sept. 6, 1950, which restricts use of
funds withdrawn from one appro-
priation for credit to another pursu-
ant to sec, 601 of act of June 30, 1932,
to period provided by appropriating
act, there is no distinction between
payments in advance and by way
of reimbursement for work per-
formed or services rendered by one
agency for another, so that funds
transferred to agency as reimburse-
ment for such work or service are not

available for any period beyond that
33

provided by act appropriating funds.

190

83

83

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