A-4368, SEPTEMBER 11, 1924, 4 COMP. GEN. 291

A-4368: Sep 11, 1924

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ARE NOT SUBJECT TO THE CLASSIFICATION ACT OF MARCH 4. THE RATE OF PAY OF EXPERTS AND TEMPORARY ASSISTANTS AND INTERPRETERS OF THE CHILDREN'S BUREAU FOR THE FISCAL YEAR 1925 IS LIMITED TO THE MAXIMUM RATE PER DAY WHILE ACTUALLY EMPLOYED AS FIXED IN THE ACT OF MAY 28. 1924: I HAVE YOUR LETTER OF JULY 25. REQUESTING DECISION OF THE FOLLOWING QUESTIONS: THE DEPARTMENT WILL APPRECIATE YOUR OPINION AS TO WHETHER THE LIMITATIONS OF $6.00 A DAY WHEN ACTUALLY EMPLOYED FOR "EXPERTS AND TEMPORARY ASSISTANTS" AND $4.00 A DAY WHEN ACTUALLY EMPLOYED FOR "INTERPRETERS. MUST BE ADHERED TO IN THE EVENT THAT SUCH POSITIONS ARE INCLUDED IN THE CLASSIFICATION ACT. FOR THE FISCAL YEAR 1925 ARE AS FOLLOWS: SALARIES: FOR THE CHIEF.

A-4368, SEPTEMBER 11, 1924, 4 COMP. GEN. 291

CLASSIFICATION OF CIVILIAN EMPLOYEES--- TEMPORARY EMPLOYEES OF THE CHILDREN'S BUREAU EMPLOYED OUTSIDE THE DISTRICT OF COLUMBIA THE POSITIONS OF EXPERTS AND TEMPORARY ASSISTANTS AND INTERPRETERS AND ALL TEMPORARY EMPLOYEES UNDER THE CHILDREN'S BUREAU, DEPARTMENT OF LABOR, OUTSIDE OF THE DISTRICT OF COLUMBIA, ARE NOT SUBJECT TO THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, UNDER EXISTING LAW. THE RATE OF PAY OF EXPERTS AND TEMPORARY ASSISTANTS AND INTERPRETERS OF THE CHILDREN'S BUREAU FOR THE FISCAL YEAR 1925 IS LIMITED TO THE MAXIMUM RATE PER DAY WHILE ACTUALLY EMPLOYED AS FIXED IN THE ACT OF MAY 28, 1924, 43 STAT. 241, PROVIDING APPROPRIATIONS FOR THE CHILDREN'S BUREAU.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, SEPTEMBER 11, 1924:

I HAVE YOUR LETTER OF JULY 25, 1924, REQUESTING DECISION OF THE FOLLOWING QUESTIONS:

THE DEPARTMENT WILL APPRECIATE YOUR OPINION AS TO WHETHER THE LIMITATIONS OF $6.00 A DAY WHEN ACTUALLY EMPLOYED FOR "EXPERTS AND TEMPORARY ASSISTANTS" AND $4.00 A DAY WHEN ACTUALLY EMPLOYED FOR "INTERPRETERS," TEMPORARILY EMPLOYED OUTSIDE OF THE DISTRICT OF COLUMBIA, MUST BE ADHERED TO IN THE EVENT THAT SUCH POSITIONS ARE INCLUDED IN THE CLASSIFICATION ACT, AND ALSO, WHETHER THE OMISSION IN THE APPROPRIATIONS FOR GENERAL EXPENSES AND INVESTIGATION OF CHILD WELFARE OF THE PROVISION THAT SALARIES OR COMPENSATION PAID THEREFROM SHALL BE "IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923" EXEMPTS THE TEMPORARY POSITIONS OUTSIDE OF THE DISTRICT OF COLUMBIA FROM THE REQUIREMENTS OF THE SAID ACT.

THE MATERIAL PORTIONS OF THE ACT OF MAY 28, 1924, 43 STAT. 241, PROVIDING APPROPRIATIONS FOR THE CHILDREN'S BUREAU, DEPARTMENT OF LABOR, FOR THE FISCAL YEAR 1925 ARE AS FOLLOWS:

SALARIES: FOR THE CHIEF, AND OTHER PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, $117,820.

TO INVESTIGATE AND REPORT UPON MATTERS PERTAINING TO THE WELFARE OF CHILDREN AND CHILD LIFE, AND ESPECIALLY TO INVESTIGATE THE QUESTIONS OF INFANT MORTALITY, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, $136,080.

FOR TRAVELING EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE AT NOT EXCEEDING $4 OF OFFICERS, SPECIAL AGENTS, AND OTHER EMPLOYEES OF THE CHILDREN'S BUREAU; EXPERTS AND TEMPORARY ASSISTANTS, TO BE PAID AT A RATE NOT EXCEEDING $6 A DAY, AND INTERPRETERS TO BE PAID AT A RATE NOT EXCEEDING $4 A DAY WHEN ACTUALLY EMPLOYED * * *.

THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IS AT THE PRESENT TIME APPLICABLE ONLY TO EMPLOYMENT OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

YOU STATE IN YOUR LETTER THAT THE CHILDREN'S BUREAU HAS NO FIELD FORCE PROVIDED FOR IN ITS APPROPRIATION AND THAT THE OFFICIAL STATION OF EVERY PERMANENT EMPLOYEE IS NECESSARILY WASHINGTON, BUT THAT UNDER THE QUOTED PROVISIONS OF THE APPROPRIATION ACT THE BUREAU HAS TEMPORARY POSITIONS OUTSIDE OF THE DISTRICT OF COLUMBIA. THE APPROPRIATION ACT PROVIDES FOR "PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE" AND HAS FIXED SPECIFIC RATES OF COMPENSATION FOR EMPLOYEES OF THE CHILDREN'S BUREAU IN THE FIELD WHICH SEPARATE THEM FROM THE PROVISIONS OF THE CLASSIFICATION ACT, AND IN THAT CONNECTION IT IS IMMATERIAL WHETHER THE EMPLOYMENT IS TEMPORARY OR PERMANENT.

ACCORDINGLY, BASED ON YOUR STATEMENT AND THE PROVISIONS OF THE APPROPRIATION ACT, YOU ARE ADVISED THAT UNDER THE LAW AS NOW IN EXISTENCE THE POSITIONS OF "EXPERTS AND TEMPORARY SISTANTS," "INTERPRETERS," AND POSITIONS UNDER THE CHILDREN'S BUREAU OUTSIDE OF THE DISTRICT OF COLUMBIA ARE NOT SUBJECT TO THE CLASSIFICATION ACT OF 1923. THE COMPENSATION OF THE EXPERTS AND TEMPORARY ASSISTANTS AND INTERPRETERS IS LIMITED TO THE MAXIMUM RATE PER DAY WHILE ACTUALLY EMPLOYED AS FIXED BY THE APPROPRIATION ACT FOR THE FISCAL YEAR 1925. DECISION OF JULY 19, 1924, A-3832, 4 COMP. GEN. 93.

THE DECISION OF JULY 14, 1924, A-3614, 4 COMP. GEN. 54, WHICH YOU CITE, HOLDING THAT THE CLASSIFICATION ACT EXPRESSLY INCLUDES TEMPORARY EMPLOYEES RELATES ONLY TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.