A-9116, MAY 4, 1925, 4 COMP. GEN. 915

A-9116: May 4, 1925

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1925: I HAVE YOUR LETTER OF APRIL 13. (2) WHETHER THE COMPENSATION TO BE FIXED BY THE SECRETARY OF THE INTERIOR FOR FIELD ACCOUNTING SERVICES FOR THE FISCAL YEAR 1925 IS LIMITED TO THE RATES SPECIFIED IN THE CLASSIFICATION ACT. THE REQUEST IS BASED ON THE DECISION OF THIS OFFICE DATED MARCH 12. WAS TO LIMIT PER DIEM RATES OF COMPENSATION IN THE FIELD SERVICES EXPRESSLY THEREIN PROVIDED FOR TO THE PER ANNUM RATES FIXED IN THE CLASSIFICATION ACT FOR CORRESPONDING POSITIONS AT THE SEAT OF GOVERNMENT. WAS BASED. APPROPRIATED FUNDS UNDER SPECIFIC HEADINGS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN FIELD SERVICES FOR WHICH APPROPRIATIONS WERE THEREIN PROVIDED.

A-9116, MAY 4, 1925, 4 COMP. GEN. 915

CLASSIFICATION OF CIVILIAN EMPLOYEES - ACCOUNTANTS IN FIELD SERVICE THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, APPROPRIATING FUNDS TO ENABLE ADJUSTMENTS OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, DOES NOT APPLY TO FIELD ACCOUNTANTS EMPLOYED UNDER AUTHORITY OF THE APPROPRIATION FOR 1925, UNDER THE HEADING "NATIONAL PARKS" IN THE ACT OF JUNE 5, 1924, 43 STAT. 422.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 4, 1925:

I HAVE YOUR LETTER OF APRIL 13, 1925, REQUESTING DECISION (1) WHETHER A VOUCHER MAY BE PAID IN FAVOR OF FRANCIS P. FARQUHAR FOR $150 REPRESENTING COMPENSATION AT THE RATE OF $30 PER DIEM FOR FIVE DAYS IN MARCH, 1925, FOR SERVICES AS AN ACCOUNTANT IN THE FIELD SERVICE OF THE NATIONAL PARK SERVICE UNDER A TEMPORARY APPOINTMENT FOR 90 ACTUAL WORKING DAYS, DATED OCTOBER 9, 1923, EXTENDED FOR 60 ACTUAL WORKING DAYS FROM JANUARY 1, 1925, AND (2) WHETHER THE COMPENSATION TO BE FIXED BY THE SECRETARY OF THE INTERIOR FOR FIELD ACCOUNTING SERVICES FOR THE FISCAL YEAR 1925 IS LIMITED TO THE RATES SPECIFIED IN THE CLASSIFICATION ACT.

THE REQUEST IS BASED ON THE DECISION OF THIS OFFICE DATED MARCH 12, 1925, A-8208, 4 COMP. GEN. 755, HOLDING THAT THE EFFECT OF THE APPROPRIATION ACT OF DECEMBER 6, 1924, 43 STAT. 704, WAS TO LIMIT PER DIEM RATES OF COMPENSATION IN THE FIELD SERVICES EXPRESSLY THEREIN PROVIDED FOR TO THE PER ANNUM RATES FIXED IN THE CLASSIFICATION ACT FOR CORRESPONDING POSITIONS AT THE SEAT OF GOVERNMENT.

THE ACT OF JUNE 5, 1924, 43 STAT. 422, APPROPRIATING FOR THE FISCAL YEAR 1925, UNDER THE HEADING "NATIONAL PARKS," PROVIDES AS FOLLOWS:

FOR COMPENSATION TO BE FIXED BY THE SECRETARY OF THE INTERIOR FOR ACCOUNTING SERVICES IN THE DISTRICT OF COLUMBIA OR IN THE FIELD IN CHECKING AND VERIFYING THE ACCOUNTS AND RECORDS OF THE VARIOUS OPERATORS, LICENSES, AND PERMITTEES CONDUCTING UTILITIES AND OTHER ENTERPRISES WITHIN THE NATIONAL PARKS AND MONUMENTS UNDER HIS JURISDICTION, INCLUDING NECESSARY TRAVEL AND INCIDENTAL EXPENSES WHILE ABSENT FROM THEIR DESIGNATED HEADQUARTERS, $6,000.

THEN FOLLOWED IN THE ACT SEPARATE PARAGRAPH ITEMS FOR THE SEVERAL NATIONAL PARKS, FOR NATIONAL MONUMENTS, FOR RECONSTRUCTION, REPLACEMENT AND REPAIR OF ROADS, ETC., AND FOR FIGHTING FOREST FIRES. THE APPROPRIATION ACT OF DECEMBER 6, 1924, SUPRA, ON WHICH THE DECISION OF THIS OFFICE OF MARCH 12, 1925, WAS BASED, APPROPRIATED FUNDS UNDER SPECIFIC HEADINGS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN FIELD SERVICES FOR WHICH APPROPRIATIONS WERE THEREIN PROVIDED, TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. SUCH AUTHORITY WAS HELD TO BE LIMITED TO THE FIELD SERVICES FOR WHICH FUNDS WERE EXPRESSLY PROVIDED IN THE ACT AND IS NOT APPLICABLE TO THE FIELD SERVICE GENERALLY. SEE DECISION OF MARCH 19, 1925, A-8419, ADDRESSED TO YOU, INVOLVING THE COMPENSATION OF THE SUPERINTENDENT OF THE CHIPPEWA LOGGING SERVICE AND HIS ASSISTANTS.

THE PARAGRAPH UNDER "NATIONAL PARK SERVICE" IN THE ACT OF DECEMBER 6, 1924, SUPRA, APPROPRIATES SPECIFIC AMOUNTS FOR EACH OF THE INDIVIDUAL NATIONAL PARKS AND FOR PROTECTION OF NATIONAL MONUMENTS, BUT NOTHING ADDITIONAL FOR COMPENSATION OF ACCOUNTANTS UNDER THE ABOVE QUOTED PARAGRAPH IN THE ACT OF JUNE 5, 1924, SUPRA. IT FOLLOWS THAT THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, AND THE DECISION OF THIS OFFICE DATED MARCH 12, 1925, HAVE NO APPLICATION TO THE SERVICES OF FIELD ACCOUNTANTS EMPLOYED UNDER AUTHORITY OF THE QUOTED PROVISION IN THE ACT OF JUNE 5, 1924, AND THE PAYMENT OF THE SUBMITTED VOUCHER IN FAVOR OF FRANCIS P. FARQUHAR IS AUTHORIZED, IF OTHERWISE LAWFUL.

THE SPECIFIC AND GENERAL QUESTIONS ARE ANSWERED ACCORDINGLY.

THE EXPRESS TERMS OF THE APPROPRIATION ACT UNDER WHICH THESE ACCOUNTANTS ARE EMPLOYED INCLUDE AUTHORITY FOR EMPLOYMENT IN THE DISTRICT OF COLUMBIA AND IN THE FIELD. THOSE EMPLOYED IN THE DISTRICT OF COLUMBIA, EITHER UNDER TEMPORARY OR PERMANENT APPOINTMENTS, WOULD, OF COURSE, BE SUBJECT TO CLASSIFICATION. WHERE A STATUTE SO PROVIDES FOR THE SAME CHARACTER OF PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND IN THE FIELD, THERE IS FOR CONSIDERATION WHETHER THE ADMINISTRATIVE OFFICE MAY REASONABLY PAY THE FIELD EMPLOYEES AT RATES SO GREATLY IN EXCESS OF THE RATES AUTHORIZED BY THE CLASSIFICATION ACT FOR CORRESPONDING POSITIONS IN THE DISTRICT OF COLUMBIA.