B-136371, JUNE 12, 1958, 37 COMP. GEN. 830

B-136371: Jun 12, 1958

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ATTORNEYS ARE AN INTEGRAL PART OF THE ADMINISTRATIVE SALARY FIXING AUTHORITY WHICH. THE RATES OF COMPENSATION OF OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT AND OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHOSE RATES OF COMPENSATION ARE FIXED BY ADMINISTRATIVE ACTION PURSUANT TO LAW AND ARE NOT OTHERWISE INCREASED BY THIS ACT ARE HEREBY AUTHORIZED TO BE INCREASED. THE MINIMUM AND MAXIMUM SALARY LIMITATIONS FIXED BY 28 U.S.C. 508 ARE AS FOLLOWS: THE ATTORNEY GENERAL SHALL FIX THE ANNUAL SALARIES OF UNITED STATES ATTORNEYS. YOUR SPECIFIC QUESTIONS ARE AS FOLLOW: 1. ASSUMING THAT THE PERCENTAGE INCREASE IS 10 PERCENT. WHAT IS THE MAXIMUM COMPENSATION HE MAY ALLOW? 2. ASSUMING THAT THE ASSISTANT IS RECEIVING THE $15.

B-136371, JUNE 12, 1958, 37 COMP. GEN. 830

CIVILIAN PERSONNEL - COMPENSATION INCREASES - MAXIMUM SALARY LIMITATION THE MAXIMUM ANNUAL SALARY LIMITATIONS IN 28 U.S.C. 508 FOR U.S. ATTORNEYS AND ASSISTANT U.S. ATTORNEYS ARE AN INTEGRAL PART OF THE ADMINISTRATIVE SALARY FIXING AUTHORITY WHICH, PURSUANT TO SECTION 7 (C) OF THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958, REMAIN UNAFFECTED AND, THEREFORE, THE SALARIES OF U.S. ATTORNEYS AND ASSISTANT U.S. ATTORNEYS MAY ONLY BE INCREASED UNDER THE 1958 ACT BY A PERCENTAGE WHICH WOULD NOT CAUSE THE TOTAL SALARY INCLUDING THE INCREASE TO EXCEED THE SALARY LIMITATIONS PROVIDED IN 28 U.S.C. 508.

TO THE ATTORNEY GENERAL, JUNE 12, 1958:

ON JUNE 6, 1958, FILE A7, YOUR ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, REQUESTED OUR ADVICE CONCERNING THE EFFECT OF SECTION 7 (A) OF THE PROPOSED FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958, 72 STAT. 212, UPON THE MAXIMUM ANNUAL SALARIES THAT THE ATTORNEY GENERAL MAY FIX FOR ASSISTANT UNITED STATES ATTORNEYS, AND OTHERS, UNDER 28 U.S.C. 508.

SECTION 7 (A) OF THE PROPOSED 1958 ACT PROVIDES AS FOLLOWS:

NOTWITHSTANDING SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31 U.S.C. 665), THE RATES OF COMPENSATION OF OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT AND OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHOSE RATES OF COMPENSATION ARE FIXED BY ADMINISTRATIVE ACTION PURSUANT TO LAW AND ARE NOT OTHERWISE INCREASED BY THIS ACT ARE HEREBY AUTHORIZED TO BE INCREASED, EFFECTIVE ON OR AFTER THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN ON OR AFTER JANUARY 1, 1958, BY AMOUNTS NOT TO EXCEED THE INCREASES PROVIDED BY THIS ACT FOR CORRESPONDING RATES OF COMPENSATION IN THE APPROPRIATE SCHEDULE OR SCALE OF PAY.

THE MINIMUM AND MAXIMUM SALARY LIMITATIONS FIXED BY 28 U.S.C. 508 ARE AS FOLLOWS:

THE ATTORNEY GENERAL SHALL FIX THE ANNUAL SALARIES OF UNITED STATES ATTORNEYS, ASSISTANT UNITED STATES ATTORNEYS AND ATTORNEYS APPOINTED UNDER SECTION 503 OF THIS TITLE WITHIN THE FOLLOWING LIMITATIONS:

UNITED STATES ATTORNEYS--- NOT LESS THAN $12,000 OR MORE THAN $20,000; AND

ASSISTANT UNITED STATES ATTORNEYS AND ATTORNEYS APPOINTED UNDER SECTION 503 OF THIS TITLE--- NOT MORE THAN $15,000.

YOUR SPECIFIC QUESTIONS ARE AS FOLLOW:

1. MAY THE ATTORNEY GENERAL GRANT A CORRESPONDING PERCENTAGE INCREASE TO AN ASSISTANT UNITED STATES ATTORNEY WHO NOW RECEIVES $14,000 PER ANNUM, AND ASSUMING THAT THE PERCENTAGE INCREASE IS 10 PERCENT, WHAT IS THE MAXIMUM COMPENSATION HE MAY ALLOW?

2. THE SAME QUESTION AS BEFORE, ASSUMING THAT THE ASSISTANT IS RECEIVING THE $15,000 LIMIT NOW PROVIDED?

YOUR ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL SAYS THAT THE FACTS CONSIDERED IN OUR DECISION 35 COMP. GEN. 374 ARE SIMILAR TO THE FACTS IN HIS SUBMISSION. IN THAT DECISION WE CONSIDERED THE SALARY LIMITATIONS OF SECTION 1 OF THE ACT OF AUGUST 1, 1947, 5 U.S.C. 171P, AND THE SALARY LIMITATIONS OF SECTION 9 OF THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955, 5 U.S.C. 1113 NOTE. THE SALARY LIMITATION IN THE 1947 ACT PROVIDED THAT THE RATE OF COMPENSATION ESTABLISHED PURSUANT TO THE PROVISIONS OF THAT ACT SHALL NOT BE LESS THAN $10,000 PER ANNUM NOR MORE THAN $15,000 PER ANNUM, AND SHALL BE SUBJECT TO THE APPROVAL OF THE CIVIL SERVICE COMMISSION. THE SALARY LIMITATION IN THE 1955 ACT PRECLUDED (1) THE GRANTING OF COMPENSATION INCREASES UNDER THAT ACT IN ANY CASE WHERE THE PER ANNUM RATE OF COMPENSATION FOR THE POSITION IS $14,800 OR MORE, AND (2) THE INCREASING OF ANY RATE OF COMPENSATION BY AN AMOUNT WHICH WILL CAUSE SUCH RATE TO BE IN EXCESS OF THE RATE OF $14,800 PER ANNUM. IN THAT DECISION WE HELD THAT THE INCREASES AUTHORIZED BY THE 1955 ACT COULD NOT EXCEED THE $14,800 PER ANNUM MAXIMUM SALARY LIMITATION CONTAINED IN SECTION 9 OF THE 1955 ACT. THIS, OF COURSE, WAS LESS THAN THE $15,000 PER ANNUM MAXIMUM SALARY LIMITATION CONTAINED IN SECTION 1 OF THE 1947 ACT, AND THEREFORE, IT WAS NOT NECESSARY TO APPLY THE $15,000 PER ANNUM MAXIMUM LIMITATION OF THE 1947 ACT TO THE INCREASES GRANTED BY THE 1955 ACT.

IN THE PRESENT CASE WE HAVE FOR CONSIDERATION ONLY THE MAXIMUM ANNUAL SALARY LIMITATIONS AUTHORIZED TO BE FIXED BY 28 U.S.C. 508 WHICH LIMIT THE SALARIES FOR UNITED STATES ATTORNEYS AT NOT MORE THAN $20,000 PER ANNUM AND THE SALARIES OF ASSISTANT UNITED STATES ATTORNEYS, AND ATTORNEYS APPOINTED UNDER SECTION 503 OF THE TITLE, AT NOT MORE THAN $15,000 PER ANNUM. WE HAVE BEEN UNABLE TO FIND ANY PART OF THE PROPOSED FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958 WHICH PURPORTS TO INCREASE THE RATE OF COMPENSATION OF THESE EMPLOYEES BEYOND THE MAXIMUM ANNUAL SALARY LIMITATIONS FIXED BY 28 U.S.C. 518. BUT COMPARE SECTIONS 4, 5, AND 6 OF THE PROPOSED ACT, 72 STAT. 217, 209 AND 211, INCREASING THE SALARY CEILINGS IN CERTAIN SITUATIONS, NONE OF WHICH AFFECT THE CEILINGS IN 28 U.S.C. 518. MOREOVER, THE EXCEPTION STATED IN SECTION 7 (A) RELATES SPECIFICALLY TO THE ANTIDEFICIENCY ACT (31 U.S.C. 665) WHILE SECTION 7 (C) HOLDS UNAFFECTED THE AUTHORITY IN ANY LAW PURSUANT TO WHICH RATES OF COMPENSATION MAY BE FIXED BY ADMINISTRATIVE ACTION. IT APPEARS THAT 28 U.S.C. 508 IS SUCH A LAW AND THAT THE SALARY LIMITATIONS CONTAINED THEREIN ARE AN INTEGRAL PART OF SALARY FIXING AUTHORITY WHICH IS TO REMAIN UNAFFECTED.

THEREFORE, IN ANSWER TO YOUR SPECIFIC QUESTIONS, THE ATTORNEY GENERAL MAY FIX THE ANNUAL SALARY OF AN ASSISTANT UNITED STATES ATTORNEY EARNING $14,000 PER ANNUM AT ANY PERCENTAGE INCREASE WHICH WILL NOT CAUSE THE TOTAL SALARY INCLUDING THE INCREASE TO EXCEED THE PRESENT $15,000 PER ANNUM MAXIMUM STATUTORY SALARY LIMITATION. THE PROPOSED FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958 WOULD HAVE NO EFFECT UPON THE SALARY OF AN ASSISTANT UNITED STATES ATTORNEY WHO PRESENTLY IS RECEIVING AN ANNUAL SALARY AT THE $15,000 MAXIMUM LIMIT, IN THE ABSENCE OS SPECIFIC STATUTORY AUTHORITY AUTHORIZING A HIGHER MAXIMUM PER ANNUM SALARY FOR SUCH EMPLOYEES.