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B-201260 1 (1981-05-06)

handle is hein.gao/gaobadjjm0001 and id is 1 raw text is: DECISIHN THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-201260 MATTER DIGEST: DATE: May 6, 1981 OF: Customs Service Payment of Overtime Pay in Excess of Limit in Appropriation Act Incurring obligation for purpose for which funds are specifically made not available by appropriation act constitutes violation of Antideficiency Act. By incurring obli- gation for administrative expenses to pay overtime to individual in excess of $20,000, for which purpose funds were not available under fiscal year 1980 appropriation act, Customs Service violated Antideficiency Act. The Commissioner of Customs has')requested our opinion as to whether the Customs Service's violation of a proviso in its fiscal year 1980 appropriation act relating to the payment of overtime pay also constitutes a violation of the so-called Anti- deficiency Act) 31 U.S.C. § 665 (1976). CThe provisoin question, which is attached to the appropriation making funds available for the necessary expenses of the Customs Service, ates3 ProvidedcThat none of the funds made available by this Act shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $20,005_1' The Treasury Department Appropriations Act, 1980, Pub. L. No. 96-74, 93 Stat. 559, 560. L'For the reasons indicated below we conclude that by incurring an obrigation for administrative expenses to pay overtime compensation to an individual in excess of $20,000 in fiscal year 1980, the Customs Service has violated the Antideficiency Act. Overtime pay for customs officers and employees is authorized by 19 U.S.C. § 267 (1976). Under this provision, the overtime compensa- tion is ultimately paid by the master, owner, agent, or consignee of the vessel or vehicle which requires the overtime service. 17 4 45r 0 - 11-6 5I

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