A-91639, JANUARY 11, 1938, 17 COMP. GEN. 563

A-91639: Jan 11, 1938

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THERE IS NO OBJECTION TO CONTINUING THE SALARY RATES OF SUCH EMPLOYEES OTHERWISE. IS AS FOLLOWS: THE FEDERAL HOUSING ADMINISTRATION DOES NOT CONSIDER ITSELF AN EMERGENCY AGENCY AS DESCRIBED IN EXECUTIVE ORDER NO. 6746. ACCORDING TO THE AMENDED CLASSIFICATION ACT AND IS PAYING SALARIES AS PRESCRIBED BY THE AMENDED CLASSIFICATION ACT PAY SCHEDULE. THERE ARE. SEVERAL PERSONS HOLDING POSITIONS WHOSE PRESENT SALARY IS $6. SOME OF THESE PERSONS DRAWING THIS SALARY ARE NOW IN EO-17 AND SOME ARE IN CAF-14. HE HAS THE AUTHORITY TO PLACE EMPLOYEES IN THE CAF CLASSIFICATION AND PAY THEM A SALARY FALLING BETWEEN TWO OF THE DESIGNATED STEPS OF THAT GRADE (THAT IS. OR IF HE DOES NOT HAVE AUTHORITY TO DO THIS.

A-91639, JANUARY 11, 1938, 17 COMP. GEN. 563

CLASSIFICATION - SALARY RATES NOT CONSISTENT WITH CLASSIFICATION ACT GRADES - FEDERAL HOUSING ADMINISTRATION EMPLOYEES OF THE FEDERAL HOUSING ADMINISTRATION IN RECEIPT OF SALARY CONSISTENT WITH ONE OF THE STEPS OF THE EMERGENCY POSITION EXECUTIVE ORDER PAY SCHEDULE MAY NOT BE PLACED IN GRADES FIXED BY THE CLASSIFICATION ACT, AS AMENDED, AT SALARY RATES NOT CONSISTENT WITH ONE OF THE STEPS OF THE GRADE, BUT, IN VIEW OF THE TERMS OF SECTION 1 OF THE NATIONAL HOUSING ACT, 48 STAT. 1246, THERE IS NO OBJECTION TO CONTINUING THE SALARY RATES OF SUCH EMPLOYEES OTHERWISE, NOTWITHSTANDING THE ADMINISTRATION'S GENERAL CLASSIFICATION OF POSITIONS IN THE DISTRICT OF COLUMBIA UNDER THE CLASSIFICATION ACT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ADMINISTRATOR, FEDERAL HOUSING ADMINISTRATION, JANUARY 11, 1938:

YOUR LETTER OF JANUARY 3, 1938, IS AS FOLLOWS:

THE FEDERAL HOUSING ADMINISTRATION DOES NOT CONSIDER ITSELF AN EMERGENCY AGENCY AS DESCRIBED IN EXECUTIVE ORDER NO. 6746. IT HAS, HOWEVER, RECENTLY CLASSIFIED ITS POSITIONS IN ITS WASHINGTON OFFICE, UP TO AND INCLUDING THOSE IN CAF-11, ACCORDING TO THE AMENDED CLASSIFICATION ACT AND IS PAYING SALARIES AS PRESCRIBED BY THE AMENDED CLASSIFICATION ACT PAY SCHEDULE.

THERE ARE, HOWEVER, SEVERAL PERSONS HOLDING POSITIONS WHOSE PRESENT SALARY IS $6,800 PER YEAR. THIS FIGURE DOES NOT FALL WITHIN ONE OF THE STEPS PRESCRIBED BY THE AMENDED CLASSIFICATION ACT BUT DOES FALL IN ONE OF THE STEPS OF THE PAY SCHEDULE AS SET OUT IN EXECUTIVE ORDER NO. 6746. SOME OF THESE PERSONS DRAWING THIS SALARY ARE NOW IN EO-17 AND SOME ARE IN CAF-14. WE SHOULD LIKE TO BE ABLE TO PAY THESE SALARIES AND WOULD PREFER TO PLACE THE POSITIONS IN A CAF GRADE. WE DESIRE, THEREFORE, TO KNOW IF UNDER THE AUTHORITY GRANTED THE ADMINISTRATOR BY SECTION I OF THE NATIONAL HOUSING ACT TO APPOINT SUCH EMPLOYEES AS HE MAY FIND NECESSARY AND FIX THEIR COMPENSATION WITHOUT REGARD TO OTHER LAWS, HE HAS THE AUTHORITY TO PLACE EMPLOYEES IN THE CAF CLASSIFICATION AND PAY THEM A SALARY FALLING BETWEEN TWO OF THE DESIGNATED STEPS OF THAT GRADE (THAT IS, FOR EXAMPLE, CAF-14 AT $6,800 A YEAR); OR IF HE DOES NOT HAVE AUTHORITY TO DO THIS, DOES HE HAVE AUTHORITY TO PLACE SOME OF THE EMPLOYEES IN THE WASHINGTON OFFICE IN THE EO GRADES AND OTHERS IN THE CAF RADES?

BECAUSE OF THE NECESSITY OF DETERMINING WHETHER THE PAYMENTS ABOVE MENTIONED ARE NOW BEING MADE LEGALLY WE RESPECTFULLY REQUEST AS EARLY A REPLY AS MAY BE CONVENIENT.

IN DECISION OF MAY 15, 1937, 16 COMP. GEN. 1005, IT WAS HELD THAT UNDER THE TERMS OF SECTION 1 OF THE NATIONAL HOUSING ACT, 48 STAT. 1246, THE ADMINISTRATOR OF THE FEDERAL HOUSING ADMINISTRATION "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.' INDIVIDUAL POSITIONS OR CLASSES OF POSITIONS MAY BE EXCEPTED BY ADMINISTRATIVE ORDER FROM THE GENERAL CLASSIFICATION OF POSITIONS IN THE DISTRICT OF COLUMBIA. BUT THERE WOULD BE NO AUTHORITY TO ADOPT ADMINISTRATIVELY THE PROCEDURE PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED, FOR FIXING THE GRADES AND SALARY RATES OF INDIVIDUAL POSITIONS OR CLASSES OF POSITIONS IN THE DISTRICT OF COLUMBIA AND THEN PAY SALARY RATES TO THE INCUMBENTS THEREOF NOT PRESCRIBED BY THE CLASSIFICATION ACT. 14 COMP. GEN. 867.

WHILE THERE APPEARS AUTHORITY OF LAW FOR CONTINUING THE SALARY RATE OF $6,800 PER ANNUM FOR INDIVIDUAL EMPLOYEES OF THE FEDERAL HOUSING ADMINISTRATION WITHOUT REGARD TO THE CLASSIFICATION ACT AS AMENDED, THE POSITIONS OCCUPIED BY SUCH EMPLOYEES SHOULD NOT BE SHOWN ON THE PAY ROLLS PRESENTED TO THIS OFFICE AS IN GRADE CAF-14, THE SALARY RATES OF WHICH ARE $6,500, $7,000, AND $7,500 PER ANNUM AS PRESCRIBED BY THE CLASSIFICATION ACT AS AMENDED.