B-164999, AUG. 30, 1968

B-164999: Aug 30, 1968

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PRESENTING SEVERAL QUESTIONS CONCERNING THE RATE OF COMPENSATION TO WHICH THE SUPERINTENDENT OF GARAGES IS ENTITLED FOR PERIODS ON AND AFTER JULY 1. IS QUOTED IN YOUR LETTER AS FOLLOWS: . THE PER ANNUM (GROSS) RATE OF COMPENSATION OF THE POSITION OF SUPERINTENDENT OF GARAGES (HOUSE OFFICE BUILDINGS) UNDER THE ARCHITECT OF THE CAPITOL IS $12. SUCH POSITION IS SUBJECT TO THE PROVISIONS. ALSO QUOTED IN YOUR LETTER IS THE FOLLOWING PROVISION APPEARING IN THE APPROPRIATION FOR THE ARCHITECT OF THE CAPITOL CONTAINED IN THE LEGISLATIVE BRANCH APPROPRIATION ACT 1969. WILL THE OCCUPANT OF THIS POSITION BE ENTITLED TO ANOTHER - COMPARABILITY- INCREASE. 1969 (OR OTHER DATE ON WHICH 1969 COMPARABILITY INCREASES ARE MADE EFFECTIVE GENERALLY/? "3.

B-164999, AUG. 30, 1968

TO MR. STEWART:

WE REFER TO YOUR LETTER OF AUGUST 2, 1968, PRESENTING SEVERAL QUESTIONS CONCERNING THE RATE OF COMPENSATION TO WHICH THE SUPERINTENDENT OF GARAGES IS ENTITLED FOR PERIODS ON AND AFTER JULY 1, 1968.

SECTION 4 OF PUBLIC LAW 90-367, APPROVED JUNE 29, 1968, IS QUOTED IN YOUR LETTER AS FOLLOWS: ,EFFECTIVE AS OF THE BEGINNING OF THE FIRST APPLICABLE PAY PERIOD WHICH BEGAN ON OR AFTER OCTOBER 1, 1967, THE PER ANNUM (GROSS) RATE OF COMPENSATION OF THE POSITION OF SUPERINTENDENT OF GARAGES (HOUSE OFFICE BUILDINGS) UNDER THE ARCHITECT OF THE CAPITOL IS $12,540. SUCH POSITION IS SUBJECT TO THE PROVISIONS, PERTAINING TO THE OFFICE OF THE ARCHITECT OF THE CAPITOL, IN SECTION 212 OF THE FEDERAL SALARY ACT OF 1967 (81 STAT. 634; PUBLIC LAW 90-206), RELATING TO THE IMPLEMENTATION OF SALARY COMPARABILITY POLICY.'

ALSO QUOTED IN YOUR LETTER IS THE FOLLOWING PROVISION APPEARING IN THE APPROPRIATION FOR THE ARCHITECT OF THE CAPITOL CONTAINED IN THE LEGISLATIVE BRANCH APPROPRIATION ACT 1969, APPROVED JULY 23, 1968, PUBLIC LAW 90-417: "* * * AND FOR NECESSARY SERVICES, INCLUDING THE POSITION OF SUPERINTENDENT OF GARAGES AT A GROSS ANNUAL RATE OF $14,000 * * *.'

YOU SUBMIT THE FOLLOWING QUESTIONS UPON WHICH YOU REQUEST OUR DECISION:

"1. DOES THE ACTION TAKEN BY THE ARCHITECT OF THE CAPITOL, ADJUSTING THE GROSS ANNUAL SALARY RATE FROM $13,292.40 TO $14,000, EFFECTIVE JULY 23, 1968, CONSTITUTE THE PROPER AND COMPLETE ACTION HE SHOULD TAKE AT THIS TIME?

"2. IF SO, WILL THE OCCUPANT OF THIS POSITION BE ENTITLED TO ANOTHER - COMPARABILITY- INCREASE, PURSUANT TO PUBLIC LAW 90-206 IN JULY, 1969 (OR OTHER DATE ON WHICH 1969 COMPARABILITY INCREASES ARE MADE EFFECTIVE GENERALLY/?

"3. IF YOUR ANSWER TO QUESTION 1 IS IN THE NEGATIVE, WHAT FURTHER ACTIONS, IF ANY SHOULD BE TAKEN BY THE ARCHITECT OF THE CAPITOL AT THIS TIME?

S. 1028 (THE BILL LATER ENACTED AS PUBLIC LAW 90-367) WAS AMENDED ON THE FLOOR OF THE HOUSE TO REMOVE AN INEQUITY CREATED BY OVERSIGHT WHEN ENACTING THE FEDERAL SALARY ACT OF 1967 (TITLE 2 OF PUBLIC LAW 90 206). THROUGH INADVERTENCE THE FEDERAL SALARY ACT OF 1967 DID NOT INCLUDE ANY SALARY INCREASES FOR THE SUPERINTENDENT OF GARAGES. SEE CONGRESSIONAL RECORD-HOUSE FOR JUNE 18, 1968, PAGE H 5064.

THE CLEAR PURPOSE OF SECTION 4 OF PUBLIC LAW 90-367, QUOTED ABOVE, IS TO PROVIDE A THREE PHASE SALARY INCREASE PLAN FOR THE POSITION OF SUPERINTENDENT OF GARAGES WHICH PLAN WOULD EMBRACE SALARY INCREASES COMPARABLE WITH THOSE PROVIDED FOR EMPLOYEES GENERALLY UNDER TITLE 2 OF PUBLIC LAW 90-206. THE FIRST PHASE OF THE PLAN WAS ACCOMPLISHED IN THE STATUTE ITSELF (SECTION 4 OF PUBLIC LAW 90-367) BY RAISING THE $12,000 SALARY APPLICABLE TO THE POSITION OF GARAGE SUPERINTENDENT TO $12,540. THE SECOND AND THIRD PHASES OF THE PLAN WOULD BE ACCOMPLISHED ADMINISTRATIVELY IN ACCORDANCE WITH THOSE PROVISIONS OF SECTION 212 OF PUBLIC LAW 90-206 PERTAINING TO THE ARCHITECT OF THE CAPITOL. EFFECTIVE JULY 14, 1968, THE ARCHITECT OF THE CAPITOL INCREASED THE $12,540 SALARY RATE OF THE SUPERINTENDENT OF GARAGES TO $13,292.40 IN ACCORDANCE WITH THE COMPARABILITY PROVISIONS CONTAINED IN SECTION 212 OF PUBLIC LAW 90-206.

THE BILL (H.R. 18038) -- SUBSEQUENTLY ENACTED AS PUBLIC LAW 90-417 - AS REPORTED ON JUNE 20, 1968, BY THE HOUSE COMMITTEE ON APPROPRIATIONS, PROVIDED A SALARY RATE FOR THE SUPERINTENDENT OF GARAGES OF $14,000. HOUSE REPORT NO. 1576, JUNE 20, 1968, SHOWS THAT THIS INCREASE WOULD CHANGE THE THEN EXISTING RATE OF $12,000 -- PROVIDED FOR BY PUBLIC LAW 89- 545 -- APPLICABLE TO SUCH POSITION TO $14,000.

WHEN CONSTRUING SECTION 4 OF PUBLIC LAW 90-367, AND THE LANGUAGE QUOTED ABOVE, APPEARING IN THE 1969 APPROPRIATION FOR THE ARCHITECT OF THE CAPITOL, IT MUST BE RECOGNIZED THAT THE TWO PROVISIONS, HAVING BEEN ENACTED BY THE CONGRESS DURING THE SAME SESSION, ARE IN PARI MATERIA AND SHOULD BE CONSTRUED TOGETHER TO REASONABLY ARRIVE AT THE COMMON PURPOSE AND OBJECTIVE SOUGHT TO BE ACCOMPLISHED BY THE CONGRESS, I.E., TO PROVIDE A SALARY INCREASE FOR THE SUPERINTENDENT OF GARAGES.

PURSUANT TO PUBLIC LAW 90-367 THE INEQUITY RESULTING FROM THE EXCLUSION OF THE SUPERINTENDENT OF GARAGES FROM THE SCOPE OF THE FEDERAL SALARY ACT OF 1967 WAS REMOVED AND THE SUPERINTENDENT WAS GRANTED SUBSTANTIALLY THE SAME BENEFITS TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN EXCLUDED FROM THE SCOPE OF THE 1967 SALARY ACT. WHILE THE SUPERINTENDENT THEREAFTER BECAME ENTITLED TO THE $14,000 PER ANNUM PAY RATE UNDER THE PROVISIONS OF PUBLIC LAW 90-417 THERE IS NO EXPRESSED INTENTION IN THAT ACT OR IN ITS LEGISLATIVE HISTORY THAT THE $14,000 RATE SHOULD BE EFFECTIVE AS OF JULY 1, 1968, OR THAT THE SUPERINTENDENT SHOULD RECEIVE A COMPARABILITY INCREASE EFFECTIVE JULY 14, 1968, BASED UPON THE $14,000 RATE. IN SUCH CONNECTION WE NOTE THAT ELSEWHERE IN PUBLIC LAW 90-417 THE CONGRESS SPECIFIED A RETROACTIVE SALARY RATE TO JULY 1, 1968, WHEN IT INTENDED THAT THE PROVISION HAVE RETROACTIVE APPLICATION TO THAT DATE. SEE SECTION 105 THEREOF. IN VIEW THEREOF AND SINCE A COMPARABILITY INCREASE BASED ON THE $14,000 RATE EFFECTIVE JULY 14, 1968, FOR THE SUPERINTENDENT WOULD BE INCONSISTENT WITH THE CLEAR INTENTION OF THE CONGRESS WHEN ENACTING PUBLIC LAW 90-367, WE ARE OF THE VIEW THAT THE TWO PROVISIONS OF LAW BEST CAN BE RECONCILED BY CONSIDERING THAT THE APPROPRIATION ACT PROVISION FIXING THE SUPERINTENDENT'S SALARY AT $14,000 PER ANNUM BECAME EFFECTIVE ON THE DATE OF APPROVAL OF PUBLIC LAW 90-417 (JULY 23, 1968). IT WOULD FOLLOW, THEREFORE, THAT THE $14,000 RATE WOULD NOT BE SUBJECT TO A COMPARABILITY INCREASE UNTIL JULY 1969.

WE HAVE CONSIDERED CAREFULLY THE CONTINUING RESOLUTION (PUBLIC LAW 90 366, APPROVED JUNE 29, 1968) WHICH PROVIDES FOR THE FINANCING OF GOVERNMENT OPERATIONS BETWEEN THE BEGINNING OF THE 1969 FISCAL YEAR (JULY 1, 1968) AND THE DATE OF ENACTMENT OF THE RESPECTIVE 1969 APPROPRIATION ACTS OR JULY 31, 1968, WHICHEVER OCCURS FIRST. WE FIND NO PROVISION IN SUCH RESOLUTION REQUIRING THAT THE $14,000 SALARY RATE PROVIDED IN PUBLIC LAW 90-417 BE PLACED IN EFFECT PRIOR TO JULY 23, 1968. IN FACT, THE LANGUAGE APPEARING IN SECTION 101 (A) (4) OF THE JOINT RESOLUTION AS WELL AS THE LEGISLATIVE HISTORY OF THE RESOLUTION CLEARLY IS INDICATIVE OF A LEGISLATIVE INTENT TO AUTHORIZE THE CONTINUATION OF GOVERNMENT OPERATIONS AFTER JUNE 30, 1968, AT RATES NOT EXCEEDING THE RATES CURRENT AT THE CLOSE OF THE 1968 FISCAL YEAR OR AT SUCH LESSER RATES THAT MAY BE PROVIDED IN THE RESPECTIVE 1969 APPROPRIATION ACTS AS PASSED BY EITHER HOUSE.

ACCORDINGLY, YOUR FIRST TWO QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE WHICH RENDERS UNNECESSARY ANY ANSWER TO YOUR THIRD QUESTION.