A-43905, AUGUST 16, 1932, 12 COMP. GEN. 251

A-43905: Aug 16, 1932

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ECONOMY ACT - AMBASSADORS AND MINISTERS AMBASSADORS AND MINISTERS IF NOT SUBJECT TO THE FURLOUGH PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT WILL BE SUBJECT TO THE REDUCTIONS IN COMPENSATION REQUIRED BY SECTION 105 (D) OF THAT ACT AND ALL ABSENCES FROM THEIR PLACES OF DUTY WHEN NOT ENGAGED UPON THE OFFICIAL BUSINESS. PROVIDES: "IN THE CASE OF THE FOLLOWING PERSONS THE RATE OF COMPENSATION IS REDUCED AS FOLLOWS: IF MORE THAN $1. THE SALARIES OF AMBASSADORS AND MINISTERS ARE AT THE RATE OF $10. I WOULD APPRECIATE AN EXPRESSION OF OPINION AS TO WHETHER IT WILL ALSO BE NECESSARY TO WITHHOLD IN ADDITION THEIR SALARIES FOR SUCH TIME AS THEY MAY BE ABSENT FROM THEIR POSTS. THIS INQUIRY IS BASED UPON THE ASSUMPTION THAT THOSE RECEIVING SALARIES AT THE RATES INDICATED ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B).

A-43905, AUGUST 16, 1932, 12 COMP. GEN. 251

ECONOMY ACT - AMBASSADORS AND MINISTERS AMBASSADORS AND MINISTERS IF NOT SUBJECT TO THE FURLOUGH PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT WILL BE SUBJECT TO THE REDUCTIONS IN COMPENSATION REQUIRED BY SECTION 105 (D) OF THAT ACT AND ALL ABSENCES FROM THEIR PLACES OF DUTY WHEN NOT ENGAGED UPON THE OFFICIAL BUSINESS, INCLUDING ABSENCES WHICH MIGHT OTHERWISE BE PERMISSIBLE UNDER THE ACT OF JUNE 17, 1874, 18 STAT. 77, BUT NOT INCLUDING ABSENCES ON ACCOUNT OF SICKNESS, MUST BE CONSIDERED AS ABSENCES WITHOUT PAY, AND FOR THAT PURPOSE INCLUDE ALL SUNDAYS AND HOLIDAYS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, AUGUST 16, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 8, 1932, AS FOLLOWS:

SECTION 105 (D) OF PART II OF THE ACT OF JUNE 30, 1932, PUBLIC, NO. 212, PROVIDES:

"IN THE CASE OF THE FOLLOWING PERSONS THE RATE OF COMPENSATION IS REDUCED AS FOLLOWS: IF MORE THAN $1,000 PER ANNUM BUT LESS THAN $10,000 PER ANNUM, 8 1/3 PERCENTUM; IF $10,000 PER ANNUM OR MORE, BUT LESS THAN $12,000 PER ANNUM, 10 PERCENTUM; IF $12,000 PER ANNUM OR MORE, BUT LESS THAN $15,000 PER ANNUM, 12 PERCENTUM; IF $15,000 PER ANNUM OR MORE, BUT LESS THAN $20,000, 15 ERCENTUM; IF $20,000 PER ANNUM OR MORE, 20 PERCENTUM: * * *.'

THE SALARIES OF AMBASSADORS AND MINISTERS ARE AT THE RATE OF $10,000, $12,000, AND $17,500 PER ANNUM. I WOULD APPRECIATE AN EXPRESSION OF OPINION AS TO WHETHER IT WILL ALSO BE NECESSARY TO WITHHOLD IN ADDITION THEIR SALARIES FOR SUCH TIME AS THEY MAY BE ABSENT FROM THEIR POSTS, OTHER THAN UNDER ORDERS, AND, IF SO, WHETHER ACTUAL DAYS SHALL BE COUNTED OR MERELY WORKING DAYS.

THIS INQUIRY IS BASED UPON THE ASSUMPTION THAT THOSE RECEIVING SALARIES AT THE RATES INDICATED ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B).

AMBASSADORS AND MINISTERS BEING SPECIFICALLY EXCEPTED FROM THE DESIGNATION OF "FOREIGN SERVICE OFFICERS" BY SECTION 9 OF THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1207, THERE IS NOT FOR CONSIDERATION ANY OF THE STATUTES GRANTING ANNUAL LEAVES OF ABSENCE WITH PAY TO SUCH OFFICERS. SEE A-43339, JULY 20, 1932, 12 COMP. GEN. 90.

THE ACT OF JUNE 17, 1874, 18 STAT. 77, NOW SECTION 124, TITLE 22, U.S.C. PROVIDES:

ABSENCE WITHOUT LEAVE; COMPENSATION WITHHELD; SICKNESS.--- NO AMBASSADOR, ENVOY EXTRAORDINARY, MINISTER PLENIPOTENTIARY, MINISTER RESIDENT, COMMISSIONER TO ANY FOREIGN COUNTRY, CHARGE D-AFFAIRES, SECRETARY, INTERPRETER TO ANY LEGATION IN ANY FOREIGN COUNTRY, CONSUL GENERAL, CONSUL, CONSULAR PUPILS, OR CONSULAR AGENT SHALL BE ABSENT FROM HIS POST OR THE PERFORMANCE OF HIS DUTIES FOR A LONGER PERIOD THAN TEN DAYS AT ANY ONE TIME, WITHOUT THE PERMISSION PREVIOUSLY OBTAINED OF THE PRESIDENT. AND NO COMPENSATION SHALL BE ALLOWED FOR THE TIME OF ANY SUCH ABSENCE IN ANY CASE EXCEPT IN CASES OF SICKNESS.

THERE APPEARS TO BE NO DOUBT BUT THAT AMBASSADORS AND MINISTERS ARE OFFICERS OF THE UNITED STATES AS DEFINED IN SECTION 104 (A) OF THE ECONOMY ACT OF JUNE 30, 1932, AND THEY ARE ACCORDINGLY SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE 1 OF THAT ACT. THAT PORTION OF SECTION 105 (D) QUOTED IN YOUR SUBMISSION IS FOLLOWED BY SEVEN DIFFERENT SUBSECTIONS DESIGNATING OR DESCRIBING CLASSES OF OFFICERS AND EMPLOYEES SUBJECT TO THE RESPECTIVE REDUCTIONS PROVIDED IN PARAGRAPH 105 (D), AND INCLUDING THE FOLLOWING:

(6) OFFICERS AND EMPLOYEES (AS DEFINED IN SECTION 104 (A) (OCCUPYING POSITIONS THE NATURE OF THE DUTIES AND PERIODS OF WORK OF WHICH MAKE IT IMPRACTICABLE TO APPLY THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 101;

(7) OFFICERS AND EMPLOYEES (AS DEFINED IN SECTION 104 (A) (, NOT OTHERWISE PROVIDED FOR IN THIS SECTION, TO WHOM THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 101 DO NOT APPLY.

THE DETERMINATION OF WHETHER ANY PARTICULAR OFFICERS ARE OFFICERS WITHIN THE MEANING OF PARAGRAPH 105 (D), (6) OR (7), IS PRIMARILY AN ADMINISTRATIVE MATTER. ASSUMING, THEREFORE, THAT AMBASSADORS AND MINISTERS ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT, THEY MUST BE HELD TO BE SUBJECT TO THE REDUCTIONS REQUIRED BY SECTION 105 (D). FURTHERMORE, AS SECTION 103 OF THE ECONOMY ACT HAS SUSPENDED ALL ANNUAL LEAVE OF ABSENCE WITH PAY, ANY ABSENCE FROM THEIR PLACES OF DUTY, WHEN NOT ENGAGED UPON OFFICIAL BUSINESS, INCLUDING SUCH ABSENCES AS MIGHT OTHERWISE BE PERMISSIBLE UNDER THE ACT OF JUNE 17, 1874, SUPRA, BUT NOT INCLUDING ABSENCE ON ACCOUNT OF SICKNESS, MUST BE CONSIDERED AS ABSENCES WITHOUT PAY FOR WHICH PURPOSE ALL SUNDAYS AND HOLIDAYS INCLUDED IN THE ABSENCE PERIOD ARE TO BE COUNTED. THE AUTHORITY IN SECTION 101 (B) OF THE ACT TO COUNT WORKING DAYS IS ONLY FOR THE PURPOSE OF THE FURLOUGH REQUIREMENTS OF THAT SECTION, WHERE THE FURLOUGH IS TAKEN IN FRACTIONAL PERIODS INSTEAD OF A FULL CALENDAR MONTH AT ONCE.