A-3832, JULY 19, 1924, 4 COMP. GEN. 93

A-3832: Jul 19, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS SPECIFICALLY LIMITED TO $4 PER DAY BY THE ACT OF AUGUST 15. 1924: I HAVE YOUR LETTER OF JULY 1. AS FOLLOWS: YOU ARE REQUESTED TO RENDER A DECISION IN REGARD TO THE PAYMENT OF COMPENSATION TO STOREKEEPER-GAUGERS IN THE INTERNAL REVENUE BUREAU DURING THE NEXT FISCAL YEAR. THE COMPENSATION OF STOREKEEPER-GAUGERS IS FIXED AT $4.00 PER DIEM. IT IS INDICATED THAT HEADS OF DEPARTMENTS WILL BE PERMITTED TO ALLOCATE TO THE FIRST TWO QUARTERS OF THE FISCAL YEAR 1925 AMOUNTS SUFFICIENT TO ENABLE THEM TO ADJUST THE COMPENSATION AS INTENDED BY THE PROVISIONS OF BILL H.R. 9651 (9561). EXCEPT THOSE EMPLOYEES WHOSE COMPENSATION IS SPECIFICALLY FIXED OR LIMITED BY THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1925 OR OTHER BASIC LAWS.

A-3832, JULY 19, 1924, 4 COMP. GEN. 93

COMPENSATION - INTERNAL REVENUE - STOREKEEPER-GAUGERS THE COMPENSATION OF STOREKEEPER-GAUGERS OF THE INTERNAL REVENUE SERVICE, ALTHOUGH PAYABLE FROM A LUMP-SUM APPROPRIATION FOR THE FISCAL YEAR 1925, IS SPECIFICALLY LIMITED TO $4 PER DAY BY THE ACT OF AUGUST 15, 1876, 19 STAT. 152, AS AMENDED; SUCH EMPLOYEES MAY NOT, THEREFORE, BE PAID IN EXCESS OF THAT RATE DURING THE FISCAL YEAR 1925 UNLESS AND UNTIL OTHER LEGISLATION SO PROVIDING HAS BEEN ENACTED. (SEE 4 COMP. GEN. 599.)

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE TREASURY, JULY 19, 1924:

I HAVE YOUR LETTER OF JULY 1, 1924, AS FOLLOWS:

YOU ARE REQUESTED TO RENDER A DECISION IN REGARD TO THE PAYMENT OF COMPENSATION TO STOREKEEPER-GAUGERS IN THE INTERNAL REVENUE BUREAU DURING THE NEXT FISCAL YEAR.

UNDER SECTION 1, ACT OF AUGUST 15, 1876 (19 STAT. 152), THE COMPENSATION OF STOREKEEPER-GAUGERS IS FIXED AT $4.00 PER DIEM. UP TO AND INCLUDING JUNE 30 OF THIS FISCAL YEAR THIS CLASS OF EMPLOYEES HAS RECEIVED THE $240 BONUS WHEN ASSIGNED TO ACTIVE DUTY. HOWEVER, IN LETTER OF THE DIRECTOR OF THE BUREAU OF THE BUDGET DATED JUNE 16, 1924, IT IS INDICATED THAT HEADS OF DEPARTMENTS WILL BE PERMITTED TO ALLOCATE TO THE FIRST TWO QUARTERS OF THE FISCAL YEAR 1925 AMOUNTS SUFFICIENT TO ENABLE THEM TO ADJUST THE COMPENSATION AS INTENDED BY THE PROVISIONS OF BILL H.R. 9651 (9561), EXCEPT THOSE EMPLOYEES WHOSE COMPENSATION IS SPECIFICALLY FIXED OR LIMITED BY THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1925 OR OTHER BASIC LAWS. IN VIEW OF THAT PORTION OF THE MEMORANDUM OF THE DIRECTOR OF THE BUDGET WHICH I HAVE UNDERSCORED, ADVICE IS REQUESTED AS TO WHETHER STOREKEEPER- GAUGERS WILL BE LIMITED TO $4.00 PER DIEM DURING THE COMING FISCAL YEAR OR WILL IT BE PERMISSIBLE TO ADJUST THEIR COMPENSATION SO THAT THEY MAY RECEIVE SOME EQUIVALENT TO THE BONUS HERETOFORE GRANTED.

AS IT IS NECESSARY THAT ALLOWANCES BE ISSUED AT AN EARLY DATE IN ORDER TO PROVIDE FOR THE JULY SALARIES OF SAID STOREKEEPER-GAUGERS, AN EARLY DECISION IN THE MATTER WILL BE GREATLY APPRECIATED.

H.R. 9561, ENTITLED "A BILL MAKING ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925, TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES," FAILED OF ENACTMENT PRIOR TO TERMINATION OF THE LAST TERM OF CONGRESS. THE PROVISIONS THEREOF ARE NOT LAW NOR DO THEY HAVE ANY FORCE OR EFFECT AS SUCH. ACCORDINGLY THERE IS NO STATUTORY AUTHORITY FOR ADJUSTMENT OF SALARIES IN FIELD FORCES IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923.

THE ACT OF AUGUST 15, 1876, 19 STAT. 152, PROVIDED THAT "HEREAFTER NO STOREKEEPER SHALL RECEIVE A GREATER COMPENSATION THAN FOUR DOLLARS PER DAY.' THE SAME ACT AUTHORIZED THE SECRETARY OF THE TREASURY TO ISSUE A COMMISSION AS STOREKEEPER AND GAUGER AND PROVIDED "BUT THE COMPENSATION FOR HIS SERVICES AS STOREKEEPER AND GAUGER SHALL BE THAT OF STOREKEEPER ONLY.' SECTION 63 OF THE ACT OF AUGUST 27, 1894, 28 STAT. 567, AS AMENDED BY THE ACT OF MAY 13, 1910, 36 STAT. 369, LIMITED THE COMPENSATION OF STOREKEEPERS AND GAUGERS WHEN TRAVELING FROM ONE ASSIGNMENT TO ANOTHER TO THE SAME COMPENSATION PER DAY DURING THE TIME NECESSARILY OCCUPIED IN TRAVELING THAT THEY WOULD BE ENTITLED TO IF ON DUTY AT A PLACE TO WHICH ASSIGNED OR TRANSFERRED OR FROM WHICH RELIEVED, TOGETHER WITH ACTUAL TRAVELING EXPENSES. THE ACT OF JUNE 28, 1902, 32 STAT. 492, PROVIDED THAT THE COMBINED OFFICE OF STOREKEEPER AND GAUGER SHALL BE DENOMINATED AS "STOREKEEPER-GAUGER" AND LIMITED THE COMPENSATION TO THAT OF A STOREKEEPER WHEN THE EMPLOYEE WAS ASSIGNED TO PERFORM THE DUTIES OF STOREKEEPER-GAUGER OR OF STOREKEEPER ONLY AND TO THAT OF A GAUGER WHEN ASSIGNED TO PERFORM THE DUTIES OF A GAUGER. SEE ACT OF JUNE 19, 1878, 20 STAT. 187.

NOTWITHSTANDING THAT THE COMPENSATION OF STOREKEEPER-GAUGER IS PAID FROM A LUMP-SUM APPROPRIATION (ACT OF APRIL 4, 1924, 43 STAT. 71), THE CITED STATUTORY LIMITATIONS MAY NOT BE EXCEEDED BY THE ADMINISTRATIVE OFFICE IN MAKING PAYMENTS THEREUNDER TO STOREKEEPER-GAUGERS FOR THE FISCAL YEAR 1925 UNLESS AND UNTIL OTHER LEGISLATION SO PROVIDING HAS BEEN ENACTED.