A-48142, APRIL 4, 1933, 12 COMP. GEN. 570

A-48142: Apr 4, 1933

Additional Materials:

Contact:

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

 

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

WHICH SECTION WAS EXTENDED THROUGH THE FISCAL YEAR 1934. IS SUBJECT TO 15 PERCENT REDUCTION UNDER THE TERMS OF THE LATER STATUTE AND THE EXECUTIVE ORDER OF MARCH 28. WAS REDUCED FROM $10. SUBSECTION (B) OF THE SAME SECTION PROVIDED THAT THE FURLOUGH PROVISIONS AND THE COMPENSATION REDUCTIONS CONTAINED IN OTHER SECTIONS OF THAT ACT SHOULD NOT APPLY TO THE POSITIONS THE SALARY OF WHICH WAS REDUCED OR FIXED UNDER THE PROVISIONS OF SUBSECTION (A). THUS IT WAS CLEARLY THE INTENTION OF THE CONGRESS THAT THE SIZABLE REDUCTIONS PROVIDED UNDER SUBSECTION (A) REPRESENTED THE FULL EXTENT TO WHICH THE POSITIONS COVERED HEREBY SHOULD BE REDUCED IN THE GENERAL EFFORT AT THAT TIME TO EFFECT ECONOMIES THROUGH REDUCTION OF SALARIES.

A-48142, APRIL 4, 1933, 12 COMP. GEN. 570

ECONOMY ACT, AMENDED - A PERCENTAGE REDUCTION - MEMBERS OF THE INTERNATIONAL JOINT COMMISSION THE COMPENSATION OF MEMBERS OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES SECTION, FIXED AT THE RATE OF $5,000 PER ANNUM BY SECTION 107 (A) OF THE ECONOMY ACT, FOR THE FISCAL YEAR 1933, WHICH SECTION WAS EXTENDED THROUGH THE FISCAL YEAR 1934, BY SECTION 4 (A) OF THE ACT OF MARCH 20, 1933, 48 STAT. 13, IS SUBJECT TO 15 PERCENT REDUCTION UNDER THE TERMS OF THE LATER STATUTE AND THE EXECUTIVE ORDER OF MARCH 28, 1933, THE SAVING CLAUSE AGAINST FURTHER REDUCTION OF SAID SALARY RATE APPEARING IN SECTION 107 (B) OF THE ECONOMY ACT HAVING BEEN REPEALED BY SECTION 4 (D) OF THE ACT OF MARCH 20, 1933, AS OF APRIL 1, 1933.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, APRIL 4, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 27, 1933, AS FOLLOWS:

UNDER THE PROVISIONS OF PARAGRAPH (1), SUBSECTION (A), SECTION 107 OF THE LEGISLATIVE APPROPRIATION ACT OF JUNE 30, 1932, THE SALARY OF EACH OF THE MEMBERS OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES SECTION, WAS REDUCED FROM $10,000 TO $5,000 PER ANNUM DURING THE FISCAL YEAR ENDING JUNE 30, 1933. SUBSECTION (B) OF THE SAME SECTION PROVIDED THAT THE FURLOUGH PROVISIONS AND THE COMPENSATION REDUCTIONS CONTAINED IN OTHER SECTIONS OF THAT ACT SHOULD NOT APPLY TO THE POSITIONS THE SALARY OF WHICH WAS REDUCED OR FIXED UNDER THE PROVISIONS OF SUBSECTION (A), SUPRA. THUS IT WAS CLEARLY THE INTENTION OF THE CONGRESS THAT THE SIZABLE REDUCTIONS PROVIDED UNDER SUBSECTION (A) REPRESENTED THE FULL EXTENT TO WHICH THE POSITIONS COVERED HEREBY SHOULD BE REDUCED IN THE GENERAL EFFORT AT THAT TIME TO EFFECT ECONOMIES THROUGH REDUCTION OF SALARIES.

SINCE UNDER THE PROVISIONS OF SECTION 4 (A), TITLE II, OF THE ACT OF MARCH 20, 1933, PARAGRAPH (1), SUBSECTION (A), SUPRA, IS CONTINUED DURING THE FISCAL YEAR ENDING JUNE 30, 1934, AND SUBSECTION (B) IS NOT CONTINUED, THE QUESTION ARISES AS TO WHETHER THE SALARY REDUCTIONS PROVIDED BY SECTIONS 1, 2, AND 3, TITLE II, OF THE ACT OF MARCH 20, 1933, SHALL APPLY TO THE MEMBERS OF THE INTERNATIONAL JOINT COMMISSION. THAT THE CONGRESS INTENDED NO REDUCTION OTHER THAN AS PROVIDED BY SECTION 4 (A) OF THE ACT IS EVIDENCED BY PARAGRAPH 5, PAGE 7, OF THE REPORT TO ACCOMPANY H.R. 2820 (LATER THE ACT OF MARCH 20, 1933), WHICH PARAGRAPH READS:

"SECTION 4 REPEALS THOSE PROVISIONS OF PART II, LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933 (GENERALLY REFERRED TO AS THE ECONOMY ACT OF 1932), WHICH PUT INTO EFFECT THE FURLOUGH PLAN, AND ALSO REPEALS THOSE PROVISIONS OF THE TREASURY AND POST OFFICE APPROPRIATION ACT, APPROVED MARCH 3, 1933, WHICH CONTINUED THE FURLOUGH PLAN IN EFFECT FOR THE FISCAL YEAR 1934. THERE IS THUS NO POSSIBILITY OF A DOUBLE REDUCTION IN SALARY, THE PRESENT ACT IS IN LIEU OF THE FURLOUGH PLAN. THIS SECTION ALSO REPEALS THE PROVISIONS SUSPENDING ANNUAL LEAVE WITH PAY.'

IT IS THEREFORE THE CONCLUSION OF THE DEPARTMENT INASMUCH AS THE MEMBERS IF THE INTERNATIONAL JOINT COMMISSION ARE STILL SUBJECT TO A FIFTY PERCENT PAY CUT BY PROVISIONS OF THE ECONOMY ACT OF 1932 WHICH ARE NOT REPEALED, AND BY REASON OF WHICH PAY CUT THEY WERE EXEMPTED FROM REDUCTIONS UNDER THE FURLOUGH PLAN, IT IS INTENDED THAT THEY BE EXEMPTED FROM THE REDUCTIONS SUBSTITUTED THEREFOR, NAMELY THE PROVISIONS OF SECTIONS 1, 2, AND 3, TITLE II, OF THE ACT OF MARCH 20, 1933, OTHERWISE THEY WOULD BE SUBJECT TO AN APPARENTLY UNINTENDED DOUBLE REDUCTION IN SALARY.

THE DEPARTMENT WILL APPRECIATE YOUR EARLY DECISION AS TO THE CORRECTNESS OF THIS CONCLUSION.

SECTION 107 (A) (1) AND (B) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, REFERRED TO AS THE ECONOMY ACT OF JUNE 30, 1932, PROVIDED AS FOLLOWS:

SEC. 107. (A) DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(1) THE SALARY OF EACH OF THE MEMBERS OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES SECTION, SHALL BE AT THE RATE OF $5,000 PER ANNUM;

(B) THE FURLOUGH PROVISIONS AND THE COMPENSATION REDUCTIONS CONTAINED IN OTHER SECTIONS OF THIS TITLE SHALL NOT APPLY TO ANY OFFICE, POSITION, OR EMPLOYMENT THE SALARY OR RETIRED PAY OF WHICH IS REDUCED OR FIXED UNDER THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION.

SECTION 4 (A), TITLE II, OF THE ACT OF MARCH 20, 1933, PUBLIC, NO. 2, 48 STAT. 13, AMENDING SECTION 4 (A) OF THE ACT OF MARCH 3, 1933, 47 STAT. 1513, PROVIDES, IN PART, AS FOLLOWS:

SEC. 4. (A) SECTION 4 OF AN ACT MAKING APPROPRIATIONS FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1934, AND FOR OTHER PURPOSES, APPROVED MARCH 3, 1933, IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 4. (A) THE PROVISIONS OF THE FOLLOWING SECTIONS OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, ARE HEREBY CONTINUED IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30, 1934, NAMELY SECTIONS * * * 107 (EXCEPT PARAGRAPH (5) OF SUBSECTION (A) THEREOF AND SUBSECTION (B) THEREOF), * * * AND FOR THE PURPOSE OF CONTINUING SUCH SECTIONS, IN THE APPLICATION OF SUCH SECTIONS WITH RESPECT TO THE FISCAL YEAR ENDING JUNE 30, 1934, THE FIGURES "1933, SHALL BE READ AS "1934; " *

SECTION 4 (D) OF THE ACT OF MARCH 20, 1933, SUPRA, PROVIDES IN PART, AS FOLLOWS:

(D) THE FOLLOWING SECTIONS OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, ARE HEREBY REPEALED EFFECTIVE ON THE FIRST DAY OF THE CALENDAR MONTH FOLLOWING THE MONTH IN WHICH THIS ACT IS ENACTED; NAMELY, SECTIONS * * * 107 (EXCEPT PARAGRAPHS (1), (2), (3), AND (4) OF SUBSECTION (A) THEREOF), * * *

THUS, SECTION 4 OF THE ACT OF MARCH 20, 1933, CONTINUES DURING THE REMAINDER OF THE FISCAL YEAR 1933 AND ALL OF THE FISCAL YEAR 1934,THE SALARY RATE OF $5,000 PER ANNUM SPECIFICALLY FIXED BY SECTION 107 (A) (1) OF THE ECONOMY ACT FOR MEMBERS OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES SECTION, AND REPEALS, EFFECTIVE APRIL 1, 1933, SECTION 107 (B) OF THE ECONOMY ACT CONTAINING THE SAVING CLAUSE AGAINST FURLOUGH AND PERCENTAGE REDUCTIONS, THE PROVISIONS FOR WHICH ARE REPEALED EFFECTIVE APRIL 1, 1933.

SECTION 2, TITLE II, OF THE ACT OF MARCH 20, 1933, PROVIDES AS FOLLOWS:

FOR THAT PORTION OF THE FISCAL YEAR 1933 BEGINNING WITH THE FIRST DAY OF THE CALENDAR MONTH FOLLOWING THE MONTH DURING WHICH THIS ACT IS ENACTED AND FOR THE FISCAL YEAR ENDING JUNE 30, 1934, THE COMPENSATION OF EVERY OFFICER OR EMPLOYEE SHALL BE DETERMINED AS FOLLOWS:

(A) THE COMPENSATION WHICH SUCH OFFICER OR EMPLOYEE WOULD RECEIVE UNDER THE PROVISIONS OF ANY EXISTING LAW, SCHEDULE, REGULATION, EXECUTIVE ORDER, OR DEPARTMENTAL ORDER SHALL FIRST BE DETERMINED AS THOUGH THIS TITLE (EXCEPT SECTION 4) HAD NOT BEEN ENACTED.

(B) THE COMPENSATION AS DETERMINED UNDER SUBPARAGRAPH (A) OF THIS SECTION SHALL BE REDUCED BY THE PERCENTAGE, IF ANY, DETERMINED IN ACCORDANCE WITH SECTION 3 OF THIS TITLE.

STATING THE PROVISIONS OF SUBSECTION (A) OF SECTION 2 CONVERSELY, THE BASIC COMPENSATION OF AN OFFICER OR EMPLOYEE IS FIRST TO BE COMPUTED UNDER ANY EXISTING LAW, ETC., AS THOUGH SECTION 4 OF THE ACT HAD BEEN ENACTED. THEREFORE, AS THE RATE OF $5,000 PER ANNUM FOR MEMBERS OF THE INTERNATIONAL JOINT COMMISSION IS FIXED BY SECTION 4 OF THE ACT, IT SEEMS CLEAR THAT THE PERCENTAGE REDUCTION REQUIRED BY THE ACT IS TO BE APPLIED TO THE RATE OF $5,000 PER ANNUM.

IT DOES NOT FOLLOW, AS YOU SUGGEST, THAT THE EXPRESS PROVISION IN SUBSECTION (B) OF SECTION 107 OF THE ORIGINAL ECONOMY ACT SAVING SALARIES OF ANY OFFICE, POSITION, OR EMPLOYMENT FIXED OR REDUCED BY SUBSECTION (A) OF THE SAME SECTION FROM FURLOUGH OR PERCENTAGE REDUCTIONS REQUIRED BY THE ECONOMY ACT, THAT THE CONGRESS INTENDED TO SAVE THE SALARIES OF THE SAME OFFICES, POSITIONS, AND EMPLOYMENTS FROM THE PERCENTAGE REDUCTION REQUIRED UNDER THE NEW STATUTE OF MARCH 20, 1933. IN THE VIEW OF THE EXPRESS REPEAL OF SUBSECTION (B) OF SECTION 107 WITHOUT REENACTING A SIMILAR SAVING CLAUSE APPLICABLE TO THE NEW PERCENTAGE REDUCTION, THE OPPOSITE CONCLUSION IS REQUIRED. THE SAME REASONING YOU SUGGEST MIGHT BE APPLIED TO THE $1,000 EXCEPTION OR ANY OTHER SAVING CLAUSE APPEARING IN THE ORIGINAL ECONOMY ACT WHICH IS NOT CONTINUED IN THE ACT OF MARCH 20, 1933.

YOU ARE ADVISED, THEREFORE, THAT THE SALARY RATE OF MEMBERS OF THE INTERNATIONAL JOINT COMMISSION, UNITED STATES SECTION, OTHERWISE FIXED AT $5,000 PER ANNUM, IS SUBJECT TO THE 15 PERCENT REDUCTION EFFECTIVE ON AND AFTER APRIL 1, 1933, AS PRESCRIBED BY EXECUTIVE ORDER OF MARCH 28, 1933, ISSUED UNDER SECTION 3 OF THE ACT OF MARCH 20, 1933.