B-19495, AUGUST 26, 1941, 21 COMP. GEN. 184

B-19495: Aug 26, 1941

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SUCH SALARY RATE IS NOT SUBJECT TO ANY ADJUSTMENT BY THE ADMINISTRATIVE OFFICE UNDER THE CLASSIFICATION ACT AS AMENDED BY THE ACT OF AUGUST 1. 1941: I HAVE YOUR LETTER OF AUGUST 6. WILL YOU PLEASE ADVISE ME WHETHER INSPECTORS MAY BE PROMOTED UNDER THE TERMS OF THIS BILL IF THEY ARE ADMINISTRATIVELY PLACED IN A GRADE FOR WHICH THE MAXIMUM SALARY IS ABOVE $4. THE APPROPRIATION FOR THE SALARIES OF THESE INSPECTORS IS MADE IN THE INDEPENDENT OFFICES APPROPRIATION ACT. 000 PER ANNUM WAS FIXED BY SECTION 2 OF THE AMENDATORY ACT OF JUNE 27. IS REFERRED TO IN THE ABOVE APPROPRIATION. AMENDS SECTION 7 OF THE ORIGINAL CLASSIFICATION ACT OF 1923 TO PROVIDE A UNIFORM WITHIN- GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE REQUIRED TO BE FIXED ADMINISTRATIVELY AT ONE OF THE RATES WITHIN THE SALARY RANGES PRESCRIBED BY SECTION 13 OF THE ACT BASED ON THE ALLOCATION OF THE POSITIONS.

B-19495, AUGUST 26, 1941, 21 COMP. GEN. 184

COMPENSATION - WITHIN-GRADE PROMOTIONS - EMPLOYEES IN POSITIONS WITH SALARY RATES SPECIFICALLY FIXED BY STATUTE SINCE THE CONGRESS, SUBSEQUENT TO THE DATE OF THE CLASSIFICATION OF 1923, HAS DEFINITELY FIXED THE SALARY RATE OF LOCOMOTIVE INSPECTORS OF THE INTERSTATE COMMERCE COMMISSION AT $4,000 PER ANNUM, SUCH SALARY RATE IS NOT SUBJECT TO ANY ADJUSTMENT BY THE ADMINISTRATIVE OFFICE UNDER THE CLASSIFICATION ACT AS AMENDED BY THE ACT OF AUGUST 1, 1941, PROVIDING FOR A UNIFORM WITHIN-GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, AUGUST 26, 1941:

I HAVE YOUR LETTER OF AUGUST 6, 1941, AS FOLLOWS:

THE BOILER INSPECTION ACT PROVIDES THAT THE INSPECTORS RECEIVE A SALARY OF $4,000 PER YEAR. THE RECENTLY APPROVED ACT TO AMEND THE CLASSIFICATION ACT OF 1923, AS AMENDED, PROVIDES FOR INCREASES IN SALARY WITHIN GRADES ON THE ATTAINMENT OF PROPER EFFICIENCY RATINGS. WILL YOU PLEASE ADVISE ME WHETHER INSPECTORS MAY BE PROMOTED UNDER THE TERMS OF THIS BILL IF THEY ARE ADMINISTRATIVELY PLACED IN A GRADE FOR WHICH THE MAXIMUM SALARY IS ABOVE $4,000.

THE APPROPRIATION FOR THE SALARIES OF THESE INSPECTORS IS MADE IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, APPROVED APRIL 5, 1941, PUBLIC LAW 28, 55 STAT. 113, UNDER THE HEADING " INTERSTATE COMMERCE COMMISSION," AS FOLLOWS:

LOCOMOTIVE INSPECTION: FOR ALL AUTHORIZED EXPENDITURES UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 17, 1911, ENTITLED " AN ACT TO PROMOTE THE SAFETY OF EMPLOYEES AND TRAVELERS UPON RAILROADS BY COMPELLING COMMON CARRIERS ENGAGED IN INTERSTATE COMMERCE TO EQUIP THEIR LOCOMOTIVES WITH SAFE AND SUITABLE BOILERS AND APPURTENANCES THERETO" (45 U.S.C. 22), AS AMENDED BY THE ACT OF MARCH 4, 1915 EXTENDING "THE SAME POWERS AND DUTIES WITH RESPECT TO ALL PARTS AND APPURTENANCES OF THE LOCOMOTIVE AND TENDER" (45 U.S.C. 30), AND AMENDMENT OF JUNE 7, 1924 (45 U.S.C. 27), PROVIDING FOR THE APPOINTMENT FROM TIME TO TIME BY THE INTERSTATE COMMERCE COMMISSION OF NOT MORE THAN FIFTEEN INSPECTORS IN ADDITION TO THE NUMBER AUTHORIZED IN THE FIRST PARAGRAPH OF SECTION 4 OF THE ACT OF 1911 (45 U.S.C. 26), AND THE AMENDMENT OF JUNE 27, 1930 (45 U.S.C. 24, 26), INCLUDING SUCH LEGAL, TECHNICAL, STENOGRAPHIC, AND CLERICAL HELP AS THE BUSINESS OF THE OFFICES OF THE DIRECTOR OF LOCOMOTIVE INSPECTION AND HIS TWO ASSISTANTS MAY REQUIRE AND FOR TRAVELING EXPENSES, $475,000, OF WHICH AMOUNT NOT TO EXCEED $71,450 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.

THE ACT OF FEBRUARY 17, 1911, 36 STAT. 913--- REFERRED TO IN THE APPROPRIATION ITEM, SUPRA--- FIXED THE SALARY RATE OF INSPECTORS OF LOCOMOTIVE BOILERS AT $1,800 PER ANNUM. THE PRESENT RATE OF $4,000 PER ANNUM WAS FIXED BY SECTION 2 OF THE AMENDATORY ACT OF JUNE 27, 1930, 46 STAT. 823, WHICH ACT, ALSO, IS REFERRED TO IN THE ABOVE APPROPRIATION. HENCE, THE APPROPRIATION, WHICH PROVIDES FOR ALL AUTHORIZED EXPENDITURES UNDER THE PROVISIONS OF THE BASIC LAW OF 1911, AS AMENDED, MUST BE REGARDED AS PROVIDING FOR PAYMENT OF INSPECTORS OF LOCOMOTIVE BOILERS AT THE SALARY RATE OF $4,000, AS FIXED BY THE SAID LAW AS AMENDED.

THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, AMENDS SECTION 7 OF THE ORIGINAL CLASSIFICATION ACT OF 1923 TO PROVIDE A UNIFORM WITHIN- GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE REQUIRED TO BE FIXED ADMINISTRATIVELY AT ONE OF THE RATES WITHIN THE SALARY RANGES PRESCRIBED BY SECTION 13 OF THE ACT BASED ON THE ALLOCATION OF THE POSITIONS. HOWEVER, THE INSPECTORS HERE INVOLVED DO NOT COME WITHIN THAT CLASS OF EMPLOYEES BECAUSE THE CONGRESS, SUBSEQUENT TO THE DATE OF THE CLASSIFICATION ACT, DEFINITELY FIXED THEIR SALARY RATE AT $4,000 PER ANNUM. CONSEQUENTLY, SUCH SALARY RATE IS NOT SUBJECT TO ANY ADJUSTMENT BY THE ADMINISTRATIVE OFFICER UNDER THE CLASSIFICATION ACT, AS AMENDED BY THE ACT OF AUGUST 1, 1941. COMPARE 4 COMP. GEN. 459; 9 ID. 355, WHEREIN IT WAS HELD THAT THE SALARY RATE OF A POSITION SPECIFICALLY FIXED BY STATUTE SHOULD BE EXCLUDED IN APPLYING THE AVERAGE PROVISION APPEARING IN AN ANNUAL APPROPRIATION ACT. ALSO, COMPARE DECISION OF JULY 11, 1941, B-18540, 21 COMP. GEN. 13, TO YOU, HOLDING THAT THE INCREASE IN COMPENSATION OF ONE VALUATION ENGINEER FROM $6,500 TO $7,500, THE LAST MENTIONED RATE HAVING BEEN FIXED IN THE APPROPRIATION ACT BY LEGISLATIVE ACTION, WAS NOT A WITHIN-GRADE SALARY ADVANCEMENT.