A-17531, MARCH 3, 1927, 6 COMP. GEN. 565

A-17531: Mar 3, 1927

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IS NOT A DEPARTMENT AS DEFINED THEREIN AND EMPLOYEES PAID FROM APPROPRIATIONS UNDER THE CONTROL OF THAT OFFICIAL. BEING IN THE LEGISLATIVE RATHER THAN THE EXECUTIVE BRANCH OF THE GOVERNMENT ARE NOT SUBJECT TO THE MAXIMUM RATES OF COMPENSATION FIXED BY THAT ACT. 1927: I HAVE YOUR LETTER OF FEBRUARY 23. REQUESTING DECISION WHETHER APPROPRIATIONS MADE UNDER THE CONTROL OF THE ARCHITECT OF THE CAPITOL ARE AVAILABLE FOR PAYMENT FOR PERSONAL SERVICES AT RATES IN EXCESS OF THE MAXIMUM FIXED BY THE CLASSIFICATION ACT OF 1923. SECTION 5 OF THE ACT CITED PROVIDES THAT THE COMPENSATION SCHEDULES PRESCRIBED IN SECTION 13 OF THE ACT "SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF OLUMBIA" AND THE TERM "DEPARTMENT" IS DEFINED IN SECTION 2 OF SAID ACT TO MEAN.

A-17531, MARCH 3, 1927, 6 COMP. GEN. 565

ARCHITECT OF THE CAPITOL - EMPLOYEES - COMPENSATION THE OFFICE OF ARCHITECT OF THE CAPITOL NOT BEING NAMED IN SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IS NOT A DEPARTMENT AS DEFINED THEREIN AND EMPLOYEES PAID FROM APPROPRIATIONS UNDER THE CONTROL OF THAT OFFICIAL, BEING IN THE LEGISLATIVE RATHER THAN THE EXECUTIVE BRANCH OF THE GOVERNMENT ARE NOT SUBJECT TO THE MAXIMUM RATES OF COMPENSATION FIXED BY THAT ACT.

ASSISTANT COMPTROLLER GENERAL GINN TO THE ARCHITECT OF THE CAPITOL, MARCH 3, 1927:

I HAVE YOUR LETTER OF FEBRUARY 23, 1927, REQUESTING DECISION WHETHER APPROPRIATIONS MADE UNDER THE CONTROL OF THE ARCHITECT OF THE CAPITOL ARE AVAILABLE FOR PAYMENT FOR PERSONAL SERVICES AT RATES IN EXCESS OF THE MAXIMUM FIXED BY THE CLASSIFICATION ACT OF 1923, APPROVED MARCH 4, 1923, 42 STAT. 1488.

SECTION 5 OF THE ACT CITED PROVIDES THAT THE COMPENSATION SCHEDULES PRESCRIBED IN SECTION 13 OF THE ACT "SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF OLUMBIA" AND THE TERM "DEPARTMENT" IS DEFINED IN SECTION 2 OF SAID ACT TO MEAN--- AN EXECUTIVE DEPARTMENT OF THE UNITED STATES GOVERNMENT, A GOVERNMENTAL ESTABLISHMENT IN THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT WHICH IS NOT A PART OF AN EXECUTIVE DEPARTMENT, THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, THE BOTANIC GARDEN, LIBRARY OF CONGRESS, LIBRARY BUILDING AND GROUNDS, GOVERNMENT PRINTING OFFICE, AND THE SMITHSONIAN INSTITUTION.

UNDER THE WELL-ESTABLISHED RULE THAT THE SPECIFIC INCLUSION OF CERTAIN CLASSES EXCLUDES THOSE CLASSES NOT NAMED, EMPLOYEES IN ANY BRANCH OF THE GOVERNMENT NOT NAMED IN SECTION 2 OF THE ACT OF MARCH 4, 1923, SUPRA, ARE NOT SUBJECT TO THE TERMS OF SAID ACT.

PERSONAL SERVICES PAID FOR FROM APPROPRIATIONS UNDER YOUR CONTROL ARE PERFORMED IN POSITIONS IN THE LEGISLATIVE BRANCH OF THE GOVERNMENT. THEREFORE, PAYMENTS MADE FOR PERSONAL SERVICES FROM APPROPRIATIONS SUBJECT TO YOUR CONTROL, IS SO FAR AS SUCH APPROPRIATIONS ARE AVAILABLE FOR PERSONAL SERVICES, ARE NOT SUBJECT TO THE MAXIMUM RATES OF COMPENSATION FIXED BY THE CLASSIFICATION ACT OF 1923. DECISION OF JULY 1, 1924, A- 3525.