A-10187, JUNE 30, 1925, 4 COMP. GEN. 1077

A-10187: Jun 30, 1925

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THE MAXIMUM RATE OF COMPENSATION PRESCRIBED BY THE CLASSIFICATION ACT IS THE MAXIMUM RATE OF COMPENSATION WHICH MAY BE FIXED ADMINISTRATIVELY FOR A NATIONAL PROHIBITION DIRECTOR OR OTHER FIELD OFFICER OF THAT SERVICE IN A GRADE TO WHICH THE FIELD POSITION HELD BY THE OFFICER HAS BEEN PROPERLY ALLOCATED. 1925: I HAVE YOUR LETTER OF JUNE 16. AS FOLLOWS: YOUR OPINION IS REQUESTED AS TO WHETHER THE TREASURY DEPARTMENT HAS THE AUTHORITY. APPROPRIATED FUNDS UNDER SPECIFIC HEADINGS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO ADJUST COMPENSATION OF CIVILIAN EMPLOYEES IN THE FIELD SERVICE FOR WHICH APPROPRIATIONS WERE THEREIN PROVIDED TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA.

A-10187, JUNE 30, 1925, 4 COMP. GEN. 1077

CLASSIFICATION OF CIVILIAN EMPLOYEES - MAXIMUM RATE OF COMPENSATION FOR NATIONAL PROHIBITION OFFICERS IN THE FIELD UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, PROVIDING APPROPRIATIONS TO ENABLE ADJUSTMENT OF THE RATES OF COMPENSATION IN CERTAIN FIELD SERVICES FOR THE FISCAL YEAR 1925, INCLUDING THE NATIONAL PROHIBITION UNIT OF THE INTERNAL REVENUE SERVICE, TO CORRESPOND TO THE RATES PRESCRIBED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DISTRICT OF COLUMBIA, AND EXTENDED DURING THE FISCAL YEAR 1926 BY THE ACT OF JANUARY 22, 1925, 43 STAT. 764, $7,500 PER ANNUM, THE MAXIMUM RATE OF COMPENSATION PRESCRIBED BY THE CLASSIFICATION ACT IS THE MAXIMUM RATE OF COMPENSATION WHICH MAY BE FIXED ADMINISTRATIVELY FOR A NATIONAL PROHIBITION DIRECTOR OR OTHER FIELD OFFICER OF THAT SERVICE IN A GRADE TO WHICH THE FIELD POSITION HELD BY THE OFFICER HAS BEEN PROPERLY ALLOCATED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JUNE 30, 1925:

I HAVE YOUR LETTER OF JUNE 16, 1925, AS FOLLOWS:

YOUR OPINION IS REQUESTED AS TO WHETHER THE TREASURY DEPARTMENT HAS THE AUTHORITY, UNDER EXISTING LAWS, TO FIX THE COMPENSATION OF A PROHIBITION DIRECTOR, OR OTHER PROHIBITION OFFICIALS OF HIGH RESPONSIBILITY IN THE FIELD SERVICE, AT A SUM IN EXCESS OF $7,500 PER ANNUM.

THE APPROPRIATION ACT OF DECEMBER 6, 1924, 43 STAT. 704, APPROPRIATED FUNDS UNDER SPECIFIC HEADINGS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO ADJUST COMPENSATION OF CIVILIAN EMPLOYEES IN THE FIELD SERVICE FOR WHICH APPROPRIATIONS WERE THEREIN PROVIDED TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. THERE WAS INCLUDED IN THIS APPROPRIATION ACT THE ITEM "* * * AND FOR ENFORCEMENT OF THE NARCOTIC AND NATIONAL PROHIBITION ACTS, $712,000 * * *.' THIS AUTHORITY COVERED THE FISCAL YEAR 1925, 4 COMP. GEN. 582; ID. 599, AND REQUIRES THAT THE DUTIES AND RESPONSIBILITIES OF A POSITION WILL DETERMINE THE CLASS TO WHICH SUCH POSITION BELONGS AND THE GRADE TO WHICH IT SHALL BE ALLOCATED. AFTER DETERMINING THE CORRESPONDING GRADE UNDER THE CLASSIFICATION ACT TO WHICH A GIVEN FIELD SERVICE POSITION SHOULD BE ALLOCATED, THE SALARY OF THE PERSON HOLDING SUCH POSITION SHOULD THEN BE FIXED IN ACCORDANCE WITH THE RULES LAID DOWN IN THE CLASSIFICATION ACT. 4 COMP. GEN. 625, 626; ID. 755, 756. THE LAST CITED DECISION ALSO HELD THAT NO RATE OF COMPENSATION FOR SUCH A FIELD POSITION SO ALLOCATED COULD BE FIXED ADMINISTRATIVELY IN EXCESS OF THE MAXIMUM RATE PRESCRIBED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DISTRICT OF COLUMBIA, VIZ: $7,500 PER ANNUM. THIS RESTRICTION, OF COURSE, DOES NOT APPLY TO FIELD POSITIONS, THE COMPENSATION OF WHICH IS SPECIFICALLY FIXED BY OTHER STATUTES AT A RATE IN EXCESS OF $7,500 PER ANNUM.

THE ACT OF JANUARY 22, 1925, 43 STAT. 764, APPROPRIATING FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR 1926, PROVIDED AS FOLLOWS:

THOSE CIVILIAN POSITIONS IN THE FIELD SERVICES UNDER THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, THE COMPENSATION OF WHICH WAS FIXED OR LIMITED BY LAW BUT ADJUSTED FOR THE FISCAL YEAR 1925 UNDER THE AUTHORITY AND APPROPRIATIONS CONTAINED IN THE ACT ENTITLED "AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925, TO ENABLE THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES," APPROVED DECEMBER 6, 1924, MAY BE PAID UNDER THE APPLICABLE APPROPRIATIONS FOR THE FISCAL YEAR 1926 AT RATES NOT IN EXCESS OF THOSE PERMITTED FOR THEM UNDER THE PROVISIONS OF SUCH ACT OF DECEMBER 6, 1924.

THIS PROVISION IS EXPRESSLY MADE APPLICABLE TO THE SEVERAL EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS MENTIONED IN THE ACT OF DECEMBER 6, 1924, AND HAS THE EFFECT OF EXTENDING THE AUTHORITY CONTAINED IN THE ACT OF DECEMBER 6, 1924, THROUGH THE FISCAL YEAR 1926. LIKEWISE, THE CONSTRUCTION OF THE ACT OF DECEMBER 6, 1924, MADE BY THE DECISIONS OF THIS OFFICE, SUPRA, WILL BE EFFECTIVE DURING THE LIFE OF THE STATUTE; THAT IS, UNTIL JUNE 30, 1926.

AS THERE APPEARS NO SPECIFIC AUTHORITY OF LAW TO FIX RATES OF COMPENSATION OF FIELD OFFICERS IN THE NATIONAL PROHIBITION UNIT AT A RATE IN EXCESS OF $7,500 PER ANNUM, THE QUESTION SUBMITTED MUST BE AND IS ANSWERED IN THE NEGATIVE.

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