A-43419, JULY 26, 1932, 12 COMP. GEN. 113

A-43419: Jul 26, 1932

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ARE SUBJECT TO THE PROVISIONS OF SECTION 101. AS FOLLOWS: I AM SUBMITTING FOR YOUR CONSIDERATION AND DECISION CERTAIN QUESTIONS WHICH HAVE ARISEN CONCERNING THE APPLICABILITY OF THE ECONOMY ACT. WITH RESPECT TO WHICH ESTABLISHMENTS THIS DEPARTMENT IS CHARGED WITH CERTAIN DUTIES OF A SUPERVISORY NATURE. AMONG THE QUESTIONS PRESENTED IS. OF THE ECONOMY ACT PROVISION IS MADE FOR THE FURLOUGH OF OFFICERS OR EMPLOYEES. THIS IS FOLLOWED BY A STATEMENT OF CERTAIN CLASSES NOT INCLUDED WITHIN THE DEFINITION. THE TERM "COMPENSATION" IS DEFINED IN SUBPARAGRAPH (B) OF SAID SECTION. THE PORTION QUOTED IS FOLLOWED BY THE STATEMENT OF CLASSES WHICH ARE INCLUDED WITHIN THE DEFINITION. NONE OF WHICH ARE APPLICABLE TO EITHER INSTITUTION.

A-43419, JULY 26, 1932, 12 COMP. GEN. 113

ECONOMY ACT - HOWARD UNIVERSITY - COLUMBIA INSTITUTION FOR THE DEAF THE OFFICERS AND EMPLOYEES OF HOWARD UNIVERSITY AND COLUMBIA INSTITUTION FOR THE DEAF, BEING EMPLOYEES "UNDER" A BRANCH OF THE GOVERNMENT SERVICE BUT NOT EMPLOYEES "IN" OR "OF" ANY BRANCH OF SUCH SERVICE, ARE SUBJECT TO THE PROVISIONS OF SECTION 101, TITLE I, OF THE ECONOMY ACT AND SECTION 203 OF THAT ACT, BUT DO NOT COME WITHIN THE PURVIEW OF SECTIONS 201 AND 202 THEREOF.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JULY 26, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 14, 1932, AS FOLLOWS:

I AM SUBMITTING FOR YOUR CONSIDERATION AND DECISION CERTAIN QUESTIONS WHICH HAVE ARISEN CONCERNING THE APPLICABILITY OF THE ECONOMY ACT, APPROVED JUNE 30, 1932, PUBLIC NO. 212, TO HOWARD UNIVERSITY AND COLUMBIA INSTITUTION FOR THE DEAF, WITH RESPECT TO WHICH ESTABLISHMENTS THIS DEPARTMENT IS CHARGED WITH CERTAIN DUTIES OF A SUPERVISORY NATURE.

THE ACT APPROVED APRIL 22, 1932, PUBLIC NO. 95, MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1933, AND FOR OTHER PURPOSES, AT PAGE 45, CONTAINS THE FOLLOWING ITEMS:

"COLUMBIA INSTITUTION FOR THE DEAF

"FOR SUPPORT OF THE INSTITUTION, INCLUDING SALARIES AND INCIDENTAL IMPROVEMENTS, $128,000.

"HOWARD UNIVERSITY

"SALARIES: FOR PAYMENT IN FULL OR IN PART OF THE SALARIES OF THE OFFICERS, PROFESSORS, TEACHERS, AND OTHER REGULAR EMPLOYEES OF THE UNIVERSITY, THE BALANCE TO BE PAID FROM PRIVATELY CONTRIBUTED FUNDS, $450,000, OF WHICH SUM NOT LESS THAN $2,200 SHALL BE USED FOR NORMAL INSTRUCTION:

"GENERAL EXPENSES: FOR EQUIPMENT, SUPPLIES, APPARATUS, FURNITURE, CASES AND SHELVING, STATIONERY, ICE, REPAIRS TO BUILDINGS AND GROUNDS, AND FOR OTHER NECESSARY EXPENSES, INCLUDING REIMBURSEMENT TO THE APPROPRIATION FOR FREEDMEN'S HOSPITAL OF ACTUAL COST OF HEAT AND LIGHT FURNISHED, $225,000;

"TOTAL, HOWARD UNIVERSITY, $675,000.'

AMONG THE QUESTIONS PRESENTED IS, WHETHER THE ECONOMY ACT REQUIRES THE IMPOUNDMENT OF PART OF THE AMOUNTS APPROPRIATED FOR SALARY AND GENERAL EXPENSES OF THESE INSTITUTIONS?

IN PART 2, TITLE 1, OF THE ECONOMY ACT PROVISION IS MADE FOR THE FURLOUGH OF OFFICERS OR EMPLOYEES, AND IN SECTION 104 (A) THE FOLLOWING DEFINITION APPEARS:

"THE TERMS "OFFICER" AND "EMPLOYEE" MEAN ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, * * *.'

THIS IS FOLLOWED BY A STATEMENT OF CERTAIN CLASSES NOT INCLUDED WITHIN THE DEFINITION.

THE TERM "COMPENSATION" IS DEFINED IN SUBPARAGRAPH (B) OF SAID SECTION, AS FOLLOWS:

"THE TERM "COMPENSATION" MEANS ANY SALARY, PAY, WAGES, ALLOWANCE (EXCEPT ALLOWANCES FOR SUBSISTENCE, QUARTERS, HEAT, LIGHT, AND TRAVEL), OR OTHER EMOLUMENT PAID FOR SERVICES RENDERED IN ANY CIVILIAN OR NONCIVILIAN OFFICE, POSITION, OR EMPLOYMENT; * * *.'

THE PORTION QUOTED IS FOLLOWED BY THE STATEMENT OF CLASSES WHICH ARE INCLUDED WITHIN THE DEFINITION, NONE OF WHICH ARE APPLICABLE TO EITHER INSTITUTION.

IN A DECISION DATED JUNE 14, 1917 (23 COMP. DEC. 737), IT WAS HELD IN ANSWER TO THE QUESTION AS TO THE APPLICABILITY OF SECTION 2 OF THE SUNDRY CIVIL APPROPRIATION ACT OF JUNE 12, 1917, TO EMPLOYEES OF HOWARD UNIVERSITY, THAT SAID SECTION WAS APPLICABLE ONLY TO EMPLOYEES OF THE UNITED STATES, AND ACCORDINGLY, SUCH INCREASES MIGHT NOT LAWFULLY BE PAID TO EMPLOYEES OF HOWARD UNIVERSITY, WHICH INSTITUTION, THOUGH AIDED BY FEDERAL APPROPRIATIONS, IS NOT A GOVERNMENT ESTABLISHMENT. (CITING 11 COMP. DEC. 447; 12 ID., 412; 45 MS. COMP. DEC. 2217, JUNE 27, 1908; 63 ID. 1241, DECEMBER 18, 1912.)

WITH RESPECT TO COLUMBIA INSTITUTION FOR THE DEAF, IN A DECISION DATED JULY 9, 1926 (6 COMP. GEN. 12), IT WAS DECIDED THAT THE ESTABLISHMENT IS A BRANCH OF THE FEDERAL SERVICE OR A GOVERNMENT ESTABLISHMENT IN WASHINGTON, WITHIN THE PURVIEW OF THE ACT OF JUNE 17, 1910 (36 STAT. 531), UNDER WHICH THE GENERAL SUPPLY COMMITTEE OPERATES. IT WAS ALSO HELD THAT THE PROVISIONS OF SECTIONS 3709 AND 3743, REVISED STATUTES, WERE APPLICABLE TO THAT INSTITUTION.

IN ANSWER TO A REQUEST FOR A STATEMENT SHOWING REVISION OF THE REPORT OF EXPENDITURES BASED UPON CASH WITHDRAWALS FROM THE TREASURY FOR 1933, THE SECRETARY-TREASURER OF HOWARD UNIVERSITY IN HIS LETTER OF JULY 7, A COPY INCLOSED, TAKES THE POSITION THAT THE UNIVERSITY IS NOT REQUIRED TO REVISE THE ITEM OF CASH WITHDRAWALS FROM THE TREASURY FOR 1933, IN ACCORDANCE WITH THE PROVISIONS OF PART 2 OF THE ECONOMY ACT. IN SUPPORT OF HIS VIEW HE CITES 23 COMP. DEC. 737, ABOVE REFERRED TO, AND OTHERS.

THE ABOVE IS ILLUSTRATIVE OF THE QUESTIONS ARISING CONCERNING THE APPLICABILITY OF THE ECONOMY LAW TO HOWARD UNIVERSITY, AND WHILE THE STATUS OF THAT INSTITUTION DIFFERS IN SOME RESPECTS WITH THAT OF COLUMBIA INSTITUTION FOR THE DEAF, THE QUESTION AS TO WHETHER THE PROVISIONS REQUIRING IMPOUNDMENT OF FUNDS IS APPLICABLE TO THE LATTER INSTITUTION IS ALSO SUGGESTED. THE FURTHER QUESTION ALSO ARISES AS TO WHETHER THE PROVISIONS REGARDING VACANCIES ARE APPLICABLE TO EITHER OR BOTH OF THESE ESTABLISHMENTS, AND ALSO AS TO WHETHER PROPOSALS TO FILL SUCH VACANCIES MUST BE SUBMITTED TO THE BUREAU OF THE BUDGET BEFORE SAME ARE FILLED.

IN VIEW OF THE QUESTIONS ABOVE OUTLINED, WHICH HAVE ARISEN REGARDING THE APPLICABILITY OF THE ECONOMY LAW TO THESE ESTABLISHMENTS, YOUR OPINION IS RESPECTFULLY REQUESTED AS TO WHETHER SAID LAW IS APPLICABLE TO EITHER OR BOTH OF THESE INSTITUTIONS, AND IF SO, THE EXTENT TO WHICH IT IS APPLICABLE AND THE MANNER IN WHICH THE APPLICABLE PROVISIONS ARE TO BE APPLIED TO SUCH ESTABLISHMENTS.

SECTION 104 OF THE ACT OF JUNE 30, 1932, PUBLIC, NO. 212, 47 STAT. 400, DEFINES "OFFICER" AND ,EMPLOYEE" AND "COMPENSATION," WITHIN THE PURVIEW OF TITLE I OF THAT ACT, AS FOLLOWS:

SEC. 104. WHEN USED IN THIS TITLE---

(A) THE TERMS "OFFICER" AND "EMPLOYEE" MEAN ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT DO NOT INCLUDE (1) OFFICERS WHOSE COMPENSATION MAY NOT, UNDER THE CONSTITUTION, BE DIMINISHED DURING THEIR CONTINUANCE IN OFFICE; (2) SENATORS, REPRESENTATIVES IN CONGRESS, DELEGATES, AND RESIDENT COMMISSIONERS; (3) OFFICERS AND EMPLOYEES ON THE ROLLS OF SENATE AND HOUSE OF REPRESENTATIVES; (4) CARRIERS IN THE RURAL MAIL DELIVERY SERVICE; (5) OFFICERS AND MEMBERS OF THE POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, OF THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, OF THE UNITED STATES PARK POLICE IN THE DISTRICT OF COLUMBIA, AND OF THE WHITE HOUSE POLICE; (6) TEACHERS IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA; (7) PUBLIC OFFICIALS AND EMPLOYEES WHOSE COMPENSATION IS DERIVED FROM ASSESSMENTS ON BANKS AND/OR IS NOT PAID FROM THE FEDERAL TREASURY; (8) THE ENLISTED PERSONNEL OF THE ARMY, NAVY, COAST GUARD, AND MARINE CORPS; (9) POSTMASTERS AND POSTAL EMPLOYEES OF POST OFFICES OF THE FIRST, SECOND, AND THIRD CLASSES WHOSE SALARY OR ALLOWANCES ARE BASED ON GROSS POSTAL RECEIPTS, AND POSTMASTERS OF THE FOURTH CLASS; (10) ANY PERSON IN RESPECT OF ANY OFFICE, POSITION, OR EMPLOYMENT THE AMOUNT OF COMPENSATION OF WHICH IS EXPRESSLY FIXED BY INTERNATIONAL AGREEMENT; AND (11) ANY PERSON IN RESPECT OF ANY OFFICE, POSITION, OR EMPLOYMENT THE COMPENSATION OF WHICH IS PAID UNDER THE TERMS OF ANY CONTRACT IN EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT, IF SUCH COMPENSATION MAY NOT LAWFULLY BE REDUCED.

(B) THE TERM "COMPENSATION" MEANS ANY SALARY, PAY, WAGE, ALLOWANCE (EXCEPT ALLOWANCES FOR SUBSISTENCE, QUARTERS, HEAT, LIGHT, AND TRAVEL), OR OTHER EMOLUMENT PAID FOR SERVICES RENDERED IN ANY CIVILIAN OR NONCIVILIAN OFFICE, POSITION, OR EMPLOYMENT; AND INCLUDES THE RETIRED PAY OF JUDGES, AND THE RETIRED PAY OF ALL COMMISSIONED AND OTHER PERSONNEL OF THE COAST AND GEODETIC SURVEY, THE LIGHTHOUSE SERVICE, AND THE PUBLIC HEALTH SERVICE, AND THE RETIRED PAY OF ALL COMMISSIONED AND OTHER PERSONNEL (EXCEPT ENLISTED) OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD; BUT DOES NOT INCLUDE THE ACTIVE OR RETIRED PAY OF THE ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD; AND DOES NOT INCLUDE PAYMENTS OUT OF ANY RETIREMENT, DISABILITY, OR RELIEF FUND MADE UP WHOLLY OR IN PART OF CONTRIBUTIONS OF EMPLOYEES.

(C) IN THE CASE OF ANY OFFICE, POSITION, OR EMPLOYMENT, THE COMPENSATION FOR WHICH IS CALCULATED ON A PIECEWORK, HOURLY, OR PER DIEM BASIS, THE RATE OF COMPENSATION PER ANNUM SHALL BE HELD TO BE THE TOTAL AMOUNT WHICH WOULD BE PAYABLE FOR THE REGULAR WORKING HOURS AND ON THE BASIS OF THREE HUNDRED AND SEVEN WORKING DAYS, OR THE NUMBER OF WORKING DAYS ON THE BASIS OF WHICH SUCH COMPENSATION IS CALCULATED, WHICHEVER IS THE GREATER.

WITH RESPECT TO THE HOWARD UNIVERSITY IT HAS BEEN HELD AT VARIOUS TIMES THAT IT IS NOT A PART OF ANY EXECUTIVE DEPARTMENT; THAT THE PRESIDENT OF THE UNIVERSITY IS NOT AN OFFICER OF THE UNITED STATES; THAT THE EMPLOYEES WERE NOT EMPLOYEES OF THE UNITED STATES WITHIN THE PURVIEW OF THE ACTS GRANTING THE 5 AND 10 PERCENT INCREASES IN THE FISCAL YEAR 1918; AND THAT THE UNIVERSITY ITSELF IS NOT A BUREAU OR OFFICE OF THE DEPARTMENT OF THE INTERIOR. 11 COMP. DEC. 447; 12 ID. 412; 23 ID. 737; 2 COMP. GEN. 75.

THE COLUMBIA INSTITUTION FOR THE DEAF WAS CREATED AS A PRIVATE CORPORATION BY THE ACT OF FEBRUARY 16, 1857, 11 STAT. 161, AND THE ACT OF JULY 1, 1898, 30 STAT. 624, PLACED THE CONTROL OF THE DISBURSEMENT OF ALL MONEYS APPROPRIATED BY THE CONGRESS FOR THE SUPPORT OF THE INSTITUTION UNDER THE DIRECTORS OF THE INSTITUTION. IT HAS BEEN HELD THAT EMPLOYEES OF THE INSTITUTION WERE NOT EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE VARIOUS ACTS GRANTING INCREASE OF COMPENSATION OR BONUS TO CIVILIAN EMPLOYEES OF THE GOVERNMENT. (23 COMP. DEC. 767; 25 ID. 153.) HOWEVER, IT WAS HELD IN 6 COMP. GEN. 12 THAT THIS INSTITUTION WAS A BUREAU OR OFFICE OF THE DEPARTMENT OF THE INTERIOR FOR THE PURPOSES OF SECTIONS 3709 AND 3743, REVISED STATUTES, AND THE ACT OF JUNE 17, 1910, 36 STAT. 531, ESTABLISHING THE GENERAL SUPPLY COMMITTEE.

THE DEFINITION "OFFICER" AND "EMPLOYEE" IN SECTION 104, TITLE I, OF THE ECONOMY ACT, IS MUCH BROADER THAN IN ANY OF THE STATUTES PREVIOUSLY CONSIDERED WITH REFERENCE TO EMPLOYEES OF THESE INSTITUTIONS; THAT IS, IT INCLUDES ANY PERSON RENDERING SERVICE "IN OR UNDER" ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE DISTRICT OF COLUMBIA. WHILE IT MAY BE THAT OFFICERS OR EMPLOYEES OF THE HOWARD UNIVERSITY AND THE COLUMBIA INSTITUTION FOR THE DEAF COULD NOT BE CONSIDERED OFFICERS OR EMPLOYEES OF THE UNITED STATES OR IN A BRANCH OR SERVICE OF THE UNITED STATES, THEY, NEVERTHELESS, DO RENDER SERVICE "UNDER" A BRANCH OR SERVICE OF THE GOVERNMENT THE APPROPRIATIONS TOWARD THE SUPPORT OF SUCH INSTITUTIONS BEING INCLUDED BY THE CONGRESS UNDER THE APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND THE TWO INSTITUTIONS BEING SUBJECT, MORE OR LESS, TO SUPERVISION BY THE SECRETARY OF THE INTERIOR. IT MUST BE CONCLUDED, THEREFORE, THAT THE OFFICERS AND EMPLOYEES OF THE TWO INSTITUTIONS ARE OFFICERS OR EMPLOYEES WITHIN THE MEANING OF TITLE I OF THE ACT OF JUNE 30, 1932, AND SUBJECT TO THE APPLICABLE PROVISIONS FOR A 5-DAY WEEK OR FURLOUGH WITH CORRESPONDING REDUCTION IN COMPENSATION, AND THAT ANY SAVING OF APPROPRIATED FUNDS SO EFFECTED MUST BE IMPOUNDED. SEE A 43276,JULY 8, 1932, 12 COMP. GEN. 16, AND A-42691, A-43276, JULY 12, 1932.

WITH RESPECT TO PROMOTIONS AND VACANCIES, SECTIONS 201, 202 AND 203 OF TITLE II OF THE ECONOMY ACT PROVIDE:

SEC. 201. ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933; BUT THIS SECTION SHALL NOT BE CONSTRUED TO DEPRIVE ANY PERSON OF ANY INCREMENT OF COMPENSATION RECEIVED THROUGH AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932.

SEC. 202. NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. THE PRESIDENT SHALL SUBMIT TO CONGRESS A REPORT OF THE VACANCIES FILLED UNDER THIS SECTION UP TO NOVEMBER 1, 1932, ON THE FIRST DAY OF THE NEXT REGULAR SESSION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD.

SEC. 203. NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA DURING THE FISCAL YEAR ENDING JUNE 30, 1933, SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1, 1932, OR TO ANY SUCH POSITION WHICH MAY BECOME VACANT AFTER SUCH DATE: PROVIDED, THAT THIS INHIBITION SHALL NOT APPLY (A) TO ABSOLUTELY ESSENTIAL POSITIONS THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES; (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS; OR (C) TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD. THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY THE OPERATION OF THIS SECTION SHALL NOT BE USED FOR ANY OTHER PURPOSES BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY, AND A REPORT OF ALL SUCH VACANCIES, THE NUMBER THEREOF FILLED, AND THE AMOUNTS UNEXPENDED, FOR THE PERIOD BETWEEN JULY 1, 1932, AND OCTOBER 31, 1932, SHALL BE SUBMITTED TO CONGRESS ON THE FIRST DAY OF THE NEXT REGULAR SESSION: PROVIDED, THAT SUCH IMPOUNDING OF FUNDS MAY BE WAIVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES IN CONNECTION WITH ANY APPROPRIATION OR PORTION OF APPROPRIATION, WHEN, IN HIS JUDGMENT, SUCH ACTION IS NECESSARY AND IN THE PUBLIC INTEREST.

IT WILL BE NOTED THAT SECTION 201 REFERS TO OFFICERS AND EMPLOYEES "OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA.' SECTION 202 REFERS TO ADMINISTRATIVE PROMOTIONS "IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.' AS THE OFFICERS AND EMPLOYEES OF THE TWO INSTITUTIONS ARE NOT OFFICERS OR EMPLOYEES "OF THE UNITED STATES" NOR "IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT," THE PROVISIONS OF SECTION 201 AND 202 ARE NOT APPLICABLE THERETO.

SECTION 203, HOWEVER, PROVIDES THAT NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE USED TO PAY COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION "UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA" WHICH IS VACANT ON OR AFTER JULY 1, 1932. AS THE EMPLOYEES OF THE TWO INSTITUTIONS ARE CIVIL EMPLOYEES "UNDER" THE UNITED STATES GOVERNMENT AS DETERMINED ABOVE, IT FOLLOWS THAT THE PROVISIONS OF SECTION 203 ARE APPLICABLE TO THE USE OF ANY APPROPRIATED MONEYS TO PAY THE COMPENSATION OF ANY PERSON APPOINTED TO FILL A VACANCY IN SUCH INSTITUTIONS ON OR AFTER JULY 1, 1932.