B-35261, JUNE 25, 1943, 22 COMP. GEN. 1132

B-35261: Jun 25, 1943

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IS NOT EXCLUDED FROM SUCH BENEFITS BY SAID PROVISIONS. 1943: I HAVE YOUR LETTER OF JUNE 18. THAT IS. WHETHER HE PROPERLY IS TO BE REGARDED AS INCLUDED IN THE CLASSIFICATION "HEADS OF DEPARTMENTS. " AS THOSE TERMS ARE USED IN THE STATUTE. AS USED IN THIS SECTION THE TERM "ELECTED OFFICIALS" SHALL NOT INCLUDE OFFICERS ELECTED BY THE SENATE OR HOUSE OF REPRESENTATIVES WHO ARE NOT MEMBERS OF EITHER BODY. (C) IN SECTION 1 OF THE STATUTE WERE INTENDED TO. THAT IS TO SAY. AGENCIES IN THE EXECUTIVE BRANCH ARE EXCLUDED FROM THE BENEFITS OF THE STATUTE BY EXCEPTIONS (A). WHEREIN IT WAS STATED: SECTION 1 OF THE " WAR OVERTIME PAY ACT OF 1943" APPROVED MAY 7. IS AS FOLLOWS: "SECTION 7. SECTION 2 (B) MEANS A GOVERNMENTAL ESTABLISHMENT IN THE EXECUTIVE BRANCH WHICH IS NOT A COMPONENT PART OF ANY OTHER SUCH ESTABLISHMENT.'.

B-35261, JUNE 25, 1943, 22 COMP. GEN. 1132

COMPENSATION - WAR OVERTIME PAY ACT OF 1943 - SCOPE OF PROVISIONS EXCLUDING HEADS OF DEPARTMENTS, ETC. THE PROVISIONS OF SECTION 1 (C) OF THE WAR OVERTIME PAY ACT OF 1943 EXCLUDING FROM THE BENEFITS OF THE ACT HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES RELATE ONLY TO THE EXECUTIVE BRANCH GOVERNMENT, AND, THEREFORE, THE ARCHITECT OF THE CAPITOL, WHO FUNCTIONS AS AN OFFICER OR AGENT OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT, IS NOT EXCLUDED FROM SUCH BENEFITS BY SAID PROVISIONS.

COMPTROLLER GENERAL WARREN TO THE ARCHITECT OF THE CAPITOL, JUNE 25, 1943:

I HAVE YOUR LETTER OF JUNE 18, 1943, REQUESTING DECISION WHETHER SECTION 1 (C) OF THE " WAR OVERTIME PAY ACT OF 1943," 57 STAT. 76, OPERATES TO EXCLUDE THE ARCHITECT OF THE CAPITOL FROM THE BENEFITS OF THE STATUTE, THAT IS, WHETHER HE PROPERLY IS TO BE REGARDED AS INCLUDED IN THE CLASSIFICATION "HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES," AS THOSE TERMS ARE USED IN THE STATUTE.

THE PERTINENT PROVISIONS OF SECTION 1 OF THE STATUTE READ---

THAT THIS ACT SHALL APPLY TO ALL CIVILIAN OFFICERS AND EMPLOYEES * * * IN OR UNDER THE UNITED STATES GOVERNMENT * * * EXCEPT THAT THIS ACT SHALL NOT APPLY TO (A) ELECTED OFFICIALS; (B) JUDGES; (C) HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES * * *. AS USED IN THIS SECTION THE TERM "ELECTED OFFICIALS" SHALL NOT INCLUDE OFFICERS ELECTED BY THE SENATE OR HOUSE OF REPRESENTATIVES WHO ARE NOT MEMBERS OF EITHER BODY.

EXCEPTIONS (A), (B), AND (C) IN SECTION 1 OF THE STATUTE WERE INTENDED TO, AND DO, RELATE RESPECTIVELY TO THE LEGISLATIVE, JUDICIAL, AND EXECUTIVE BRANCHES OF THE GOVERNMENT. THAT IS TO SAY, (1) ONLY ELECTED OFFICIALS (AS LIMITED IN THE LAW) IN THE LEGISLATIVE BRANCH, (2) ONLY JUDGES JUDICIAL BRANCH, AND (3) ONLY HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES IN THE EXECUTIVE BRANCH ARE EXCLUDED FROM THE BENEFITS OF THE STATUTE BY EXCEPTIONS (A), (B), AND (C) OF SECTION 1 THEREOF. SEE DECISION OF MAY 29, 1943, B-31791, TO THE REGISTER WILLS AND CLERK OF THE PROBATE COURT, DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA, WHEREIN IT WAS STATED:

SECTION 1 OF THE " WAR OVERTIME PAY ACT OF 1943" APPROVED MAY 7, 1943, PUBLIC LAW 49, EXCEPTS FROM THE BENEFITS OF THE LAW "/B) JUDGES; (C) HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES.' AS EXCEPTION (B) RELATES TO JUDGES IN THE JUDICIAL BRANCH OF THE GOVERNMENT WHO CORRESPOND TO HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, IT MAY BE ASSUMED THAT EXCEPTION (C) DOES NOT RELATE TO THE JUDICIAL BRANCH OF THE GOVERNMENT. IN THAT CONNECTION, SUPPLEMENT NO. 1, DATED MAY 25, 1943, TO THE REGULATION ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION, IS AS FOLLOWS:

"SECTION 7. DEPARTMENT, INDEPENDENT ESTABLISHMENT, AND AGENCY.

"THE TERM "DEPARTMENT, INDEPENDENT ESTABLISHMENT, AND AGENCY" AS USED IN PART I, SECTION 2 (B) MEANS A GOVERNMENTAL ESTABLISHMENT IN THE EXECUTIVE BRANCH WHICH IS NOT A COMPONENT PART OF ANY OTHER SUCH ESTABLISHMENT.'

IN YOUR LETTER YOU EXPRESS THE VIEW--- SUPPORTED BY THE AUTHORITIES THEREIN CITED--- THAT THE ARCHITECT OF THE CAPITOL FUNCTIONS AS AN OFFICER OR AGENT OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT OF THE UNITED STATES. I CONCUR IN THAT VIEW. IT FOLLOWS, THEREFORE, THAT SECTION 1 (C) OF THE " WAR OVERTIME PAY ACT OF 1943," RELATING TO THE EXECUTIVE BRANCH OF THE GOVERNMENT, HAS NO APPLICATION TO THE OFFICE OF THE ARCHITECT OF THE CAPITOL. ALSO, AS THE ARCHITECT OF THE CAPITOL IS NOT AN ELECTED OFFICIAL IN THE LEGISLATIVE BRANCH OF THE GOVERNMENT, SECTION 1 (A) OF THE STATUTE DOES NOT OPERATE TO EXCLUDE HIM FROM THE BENEFITS OF THE LAW.

ACCORDINGLY, I HAVE TO ADVISE THAT THE ARCHITECT OF THE CAPITOL IS ENTITLED TO THE BENEFITS OF THE STATUTE.