A-86124, MAY 15, 1937, 16 COMP. GEN. 1005

A-86124: May 15, 1937

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IS AS FOLLOWS: THIS ADMINISTRATION IS NOW CLASSIFYING ITS POSITIONS LOCATED IN WASHINGTON IN ACCORDANCE WITH THE PROVISIONS OF THE AMENDED CLASSIFICATION ACT. IS PAYING SALARIES AS PROVIDED BY THE SCHEDULE IN SAID AMENDED ACT. A SURVEY IS NOW BEING MADE TO CLASSIFY POSITIONS IN THE FIELD SERVICE. IT WILL BE IMPRACTICABLE TO PAY THE SALARY PROVIDED BY THE COMPENSATION SCHEDULE OF THE AMENDED CLASSIFICATION ACT IN ALL THE GRADES. THERE IS ATTACHED A SCHEDULE SHOWING THE PROPOSED GRADES AND PROPOSED BASIC SALARIES TO BE USED IN THE CLASSIFICATION OF POSITIONS IN THE FIELD SERVICE. THE ADMINISTRATOR IS AUTHORIZED TO APPOINT SUCH OFFICERS AND EMPLOYEES AS HE MAY FIND NECESSARY AND FIX THEIR COMPENSATION WITHOUT REGARD TO THE PROVISIONS OF OTHER LAWS APPLICABLE TO THE EMPLOYMENT OR COMPENSATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

A-86124, MAY 15, 1937, 16 COMP. GEN. 1005

CLASSIFICATION - FEDERAL HOUSING ADMINISTRATION PERSONNEL - DIFFERING PROCEDURES FOR DISTRICT OF COLUMBIA AND FIELD SERVICE PERSONNEL THE SALARIES OF OFFICERS AND EMPLOYEES OF THE FEDERAL HOUSING ADMINISTRATION MAY BE FIXED BY THE ADMINISTRATOR IN ACCORDANCE WITH THE CLASSIFICATION ACT FOR THOSE EMPLOYED IN THE DISTRICT OF COLUMBIA, AND OTHERWISE FOR THOSE EMPLOYED IN THE FIELD SERVICE, IN VIEW OF THE STATUTORY AUTHORITY IN SECTION 1 OF THE NATIONAL HOUSING ACT, 48 STAT. 1246, TO FIX SALARIES WITHOUT REGARD TO OTHER LAWS APPLICABLE TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ADMINISTRATOR, FEDERAL HOUSING ADMINISTRATION, MAY 15, 1937:

YOUR LETTER OF MAY 10, 1937, IS AS FOLLOWS:

THIS ADMINISTRATION IS NOW CLASSIFYING ITS POSITIONS LOCATED IN WASHINGTON IN ACCORDANCE WITH THE PROVISIONS OF THE AMENDED CLASSIFICATION ACT, AND IS PAYING SALARIES AS PROVIDED BY THE SCHEDULE IN SAID AMENDED ACT.

A SURVEY IS NOW BEING MADE TO CLASSIFY POSITIONS IN THE FIELD SERVICE. IN APPLYING A COMPENSATION SCHEDULE TO THE FIELD CLASSIFICATIONS, IT WILL BE IMPRACTICABLE TO PAY THE SALARY PROVIDED BY THE COMPENSATION SCHEDULE OF THE AMENDED CLASSIFICATION ACT IN ALL THE GRADES.

THEREFORE, WE SHOULD LIKE TO SET UP OUR OWN COMPENSATION SCHEDULE FOR POSITIONS IN THE FIELD SERVICE. THERE IS ATTACHED A SCHEDULE SHOWING THE PROPOSED GRADES AND PROPOSED BASIC SALARIES TO BE USED IN THE CLASSIFICATION OF POSITIONS IN THE FIELD SERVICE.

UNDER SECTION I OF THE NATIONAL HOUSING ACT, THE ADMINISTRATOR IS AUTHORIZED TO APPOINT SUCH OFFICERS AND EMPLOYEES AS HE MAY FIND NECESSARY AND FIX THEIR COMPENSATION WITHOUT REGARD TO THE PROVISIONS OF OTHER LAWS APPLICABLE TO THE EMPLOYMENT OR COMPENSATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. THIS ADMINISTRATION DOES NOT REGARD ITSELF AS AN EMERGENCY AGENCY, AND IT IS NOT OPERATED IN WHOLE, OR IN PART, FROM EMERGENCY FUNDS.

BECAUSE OF THE URGENCY OF THE WORK TO BE CARRIED ON UNDER THIS PROPOSED PLAN, AN EARLY REPLY IS RESPECTFULLY REQUESTED, AS TO WHETHER THIS PROCEDURE CAN LAWFULLY BE SET UP AND EMPLOYEES OF THIS ADMINISTRATION PAID IN ACCORDANCE WITH ITS PROVISIONS.

ACCORDING TO THE SCHEDULE REFERRED TO IN YOUR LETTER THE PROPOSED GRADES AND BASIC SALARY RATES TO BE USED IN THE CLASSIFICATION OF POSITIONS IN THE FIELD SERVICE ARE AS FOLLOWS:

SCHEDULE FH-1 --------------- $1,080 FH-9 ------------------- $3,200 FH-2 --------------- 1,260 FH-10 ------------------ 3,500 FH-3 --------------- 1,440 FH-11 ------------------ 3,800 FH 4 --------------- 1,620 FH-12 ---- -------------- 4,600 FH-5 --- ----------- 1,860 FH-13 ------------------ 5,600 FH-6 -------- ------ 2,200 FH-14 ------------------ 6,500 FH-7 ----- ---------- 2,600 FH-15 ------------------ 8,000 FH-8 --------------- 2,900 FH-16 ------------- OVER $9,000

SECTION 1 OF THE NATIONAL HOUSING ACT, 48 STAT. 1246, CONTAINS THE FOLLOWING PROVISIONS:

* * * IN ORDER TO CARRY OUT THE PROVISIONS OF THIS TITLE AND TITLES II AND III, THE ADMINISTRATOR MAY * * * APPOINT SUCH OTHER OFFICERS AND EMPLOYEES AS HE MAY FIND NECESSARY, AND MAY PRESCRIBE THEIR AUTHORITIES, DUTIES, RESPONSIBILITIES, AND TENURE AND FIX THEIR COMPENSATION, WITHOUT REGARD TO THE PROVISIONS OF OTHER LAWS APPLICABLE TO THE EMPLOYMENT OR COMPENSATION OF OFFICERS OR EMPLOYEES OF THE UNITED STATES. THE ADMINISTRATOR * * * MAY MAKE SUCH EXPENDITURES (INCLUDING EXPENDITURES FOR PERSONAL SERVICES * * * AT THE SEAT OF GOVERNMENT AND ELSEWHERE. * * *) AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE AND TITLES II AND III, WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURE OF PUBLIC FUNDS. ALL SUCH COMPENSATION, EXPENSES, AND ALLOWANCES SHALL BE PAID OUT OF FUNDS MADE AVAILABLE BY THIS ACT.

UNDER THESE STATUTORY PROVISIONS THE ADMINISTRATOR MAY, BUT IS NOT REQUIRED TO, ADOPT THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED, AS A BASIS FOR FIXING THE GRADES AND SALARY RATES OF THE PERSONNEL OF THE FEDERAL HOUSING ADMINISTRATION, IN WHOLE OR IN PART. HENCE, IT IS WITHIN HIS ADMINISTRATIVE DISCRETION TO ADOPT THE CLASSIFICATION ACT PROCEDURE AND SCHEDULE OF RATES FOR FIXING SALARY RATES OF PERSONNEL EMPLOYED IN THE DISTRICT OF COLUMBIA, AND TO ADOPT A PROCEDURE AND SCHEDULE FOR FIXING THE SALARY RATES OF PERSONNEL EMPLOYED IN THE FIELD SERVICE WHICH DOES NOT CORRESPOND WITH THE PROCEDURE AND SCHEDULES APPLICABLE UNDER THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED BY SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, RELATIVE TO THE FIELD SERVICE. ACCORDINGLY, THERE IS NO LEGAL OBJECTION TO THE ADOPTION OF THE SALARY SCHEDULE PRESENTED WITH YOUR LETTER FOR THE FIELD SERVICE.

FOR USE IN THE AUDIT OF PAY ROLL ACCOUNTS THERE SHOULD BE FILED IN THIS OFFICE COPIES OF THE SCHEDULE AND THE ADMINISTRATIVE PROCEDURE FOR ALLOCATING FIELD POSITIONS TO THE SEVERAL SALARY GRADES.