B-78269, JULY 26, 1948, 28 COMP. GEN. 63

B-78269, JULY 26, 1948, 28 COMP. GEN. 63

POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - AGGREGATE COMPENSATION LIMITATION; SALARY RATES PRESCRIBED BY APPROPRIATION ACTS THE PROVISION IN SECTION 303 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, WHICH RAISES FROM $10,000 TO $10,330 THE AGGREGATE PER ANNUM SALARY RATE LIMITATION, DOES NOT PURPORT TO INCREASE ALL SALARIES FORMERLY FIXED AT OR LIMITED TO $10,000 PER ANNUM BUT MERELY RAISES THE LIMITATION UPON THE AGGREGATE RATE PAYABLE BY REASON OF THE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946 AND THE ADDITIONAL COMPENSATION PROVISIONS OF THE 1948 ACT. PERSONS OCCUPYING POSITIONS FOR WHICH THE RATE OF COMPENSATION ($10,000 PER ANNUM) SPECIFICALLY IS PROVIDED IN THE CURRENT APPROPRIATION FOR THE INTERSTATE COMMERCE COMMISSION ARE NOT TO BE REGARDED AS OFFICERS AND EMPLOYEES "WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946" WITHIN THE MEANING OF SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, SO AS TO BE ENTITLED TO THE $330 PER ANNUM ADDITIONAL COMPENSATION PROVIDED THEREIN.

ACTING COMPTROLLER GENERAL YATES TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, JULY 26, 948:

I HAVE YOUR LETTER OF JULY 9, 1948, AS FOLLOWS:

IN THE APPROPRIATION FOR THE INTERSTATE COMMERCE COMMISSION FOR THE FISCAL YEAR 1925 (45 STAT. PP. 526-7, APPROVED JUNE 27, 1924), AND FOR EACH FISCAL YEAR SINCE THAT DATE INCLUDING THAT FOR 1949, UNDER THE APPROPRIATION FOR GENERAL PURPOSES, THERE APPEARS THE FOLLOWING LANGUAGE:

" * * *, INCLUDING ONE CHIEF COUNSEL, ONE DIRECTOR OF FINANCE, AND ONE DIRECTOR OF TRAFFIC AT $10,000 EACH PER ANNUM * * *.'

IN THE SUPPLEMENTAL APPROPRIATION ACT, FISCAL YEAR 1936 (49 STAT. P. 112, APPROVED FEB. 11, 1936) MAKING AN INITIAL APPROPRIATION FOR MOTOR TRANSPORT REGULATION, TO ENABLE THE COMMISSION TO CARRY OUT THE PROVISIONS OF THE MOTOR CARRIER ACT, APPROVED AUGUST 9, 1935, THERE APPEARS THE FOLLOWING LANGUAGE.

" * * * INCLUDING ONE DIRECTOR AT $10,000 PER ANNUM * * *.'

THIS LANGUAGE OR ITS EQUIVALENT HAS APPEARED IN EACH ANNUAL APPROPRIATION ACT SINCE THAT DATE INCLUDING THAT FOR FISCAL YEAR 1949.

THE FEDERAL EMPLOYEES' SALARY ACT, 1948, SEC. 303 (B), READS, AS FOLLOWS:

"/B) SECTION 7 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 IS AMENDED BY STRIKING OUT $10,000 AND INSERTING IN LIEU THEREOF $10,330.'

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THIS INCREASE IN THE LIMITATION CAN BE APPLIED TO THE OFFICIALS NAMED ABOVE WHOSE SALARIES WERE FIXED AT $10,000 EACH PER ANNUM TO THE APPROPRIATION ACT.

INASMUCH AS THE INCREASES WILL BECOME EFFECTIVE BEGINNING JULY 11, AND ALL SALARY CHANGE SLIPS HAVE TO BE PREPARED FOR THE INFORMATION OF THE DIVISION OF DISBURSEMENT NOT LATER THAN MONDAY JULY 19, YOUR EARLY DECISION IS REQUESTED.

SECTION 303 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, APPROVED JULY 3, 1948, 62 STAT. 1268, PARTIALLY QUOTED IN YOUR LETTER, SUPRA, PROVIDES AS FOLLOWS:

SEC. 303. (A) SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, IS AMENDED BY STRIKING OUT "$10,000" WHERE IT FIRST APPEARS IN SUCH SECTION AND INSERTING IN LIEU THEREOF "$10,330.'

(B) SECTION 7 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 IS AMENDED BY STRIKING OUT $10,000" AND INSERTING IN LIEU THEREOF "$10,330.'

(C) NO OFFICER OR EMPLOYEE SHALL, BY REASON OF ANY PROVISION OF THIS TITLE BE PAID WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, AT A RATE IN EXCESS OF $10,330 PER ANNUM.

THAT SECTION DOES NOT PURPORT TO INCREASE ALL SALARIES WHICH FORMERLY WERE FIXED AT OR LIMITED TO $10,000 PER ANNUM. IT ONLY RAISES THE LIMITATION UPON THE AGGREGATE RATE PAYABLE BY REASON OF THE ENACTMENT OF THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946 FROM $10,000 TO $10,330, AND FURTHER PROVIDES, IN EFFECT, THAT NO PERSON BY REASON OF THE ENACTMENT OF TITLE III OF THE 1948 ACT (WHICH TITLE, INTER ALIA, INCLUDES SECTION 301, INFRA, AND SECTION 303, SUPRA) SHALL BE PAID WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THE 1945 PAY ACT AS AMENDED, AT A RATE IN EXCESS OF $10,330 PER ANNUM. THE ONLY ADDITIONAL COMPENSATION PROVIDED FOR OTHER THAN POSTAL EMPLOYEES BY PUBLIC LAW 900, APPROVED JULY 3, 1948, IS PROVIDED IN SECTION 301 OF THAT ACT, 62 STAT. 1267, AS FOLLOWS:

SEC. 301. EXCEPT AS PROVIDED IN SECTION 303 EACH OFFICER AND EMPLOYEE OF THE FEDERAL GOVERNMENT AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM. PROVIDED, THAT ANY EMPLOYEE PAID ON AN HOURLY OR PART-TIME BASIS SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR.

THAT SECTION, EXCEPT SO FAR AS HOURLY AND PART-TIME EMPLOYEES ARE CONCERNED, PROVIDES FOR ADDITIONAL COMPENSATION ONLY FOR THOSE OFFICERS AND EMPLOYEES "WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946.' SECTION 2 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, PROVIDES FOR INCREASES IN CLASSIFICATION ACT PAY RATES. SECTION 3 OF THAT ACT, 60 STAT. 216, PROVIDES FOR INCREASES IN PAY RATES IN THE LEGISLATIVE AND JUDICIAL BRANCHES, RESPECTIVELY. CLEARLY THE POSITIONS IN THE INTERSTATE COMMERCE COMMISSION, WHICH ARE THE SUBJECT OF YOUR LETTER, ARE NOT COVERED BY SECTIONS 2, 3, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. THE COMPENSATION FOR THOSE POSITIONS CURRENTLY IS SET BY THE APPROPRIATION FOR THE INTERSTATE COMMERCE COMMISSION CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, PUBLIC LAW 491, APPROVED APRIL 20, 1948, 62 STAT. 187, WHICH PROVIDES IN PERTINENT PART:

GENERAL EXPENSES: FOR EXPENSES NECESSARY IN PERFORMING THE FUNCTIONS VESTED BY LAW IN THE COMMISSION (49 U.S.C. 1-24, 301-327, 901-923, 1001- 1022), EXCEPT THOSE OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS ACT, AND FOR GENERAL ADMINISTRATION INCLUDING ONE CHIEF COUNSEL, ONE DIRECTOR OF FINANCE, ONE DIRECTOR OF MOTOR TRANSPORT AND OTHER DIRECTOR OF TRAFFIC, AT $10,000 EACH PER ANNUM * * * (1ITALICS SUPPLIED.)

SIMILAR PROVISIONS, ALTHOUGH NOT ALWAYS IN EXACTLY THE SAME LANGUAGE, HAVE APPEARED IN APPROPRIATIONS FOR THE INTERSTATE COMMERCE COMMISSION FOR A NUMBER OF YEARS. ASIDE FROM SUCH PROVISIONS THERE HAVE BEEN FOUND NO OTHER PROVISIONS OF LAW SPECIFICALLY PRESCRIBING THE COMPENSATION OF THOSE POSITIONS. THERE REMAINS FOR CONSIDERATION THE POSSIBLE APPLICATION OF SECTION 4 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, TO THE COMPENSATION PROVIDED FOR SUCH POSITIONS. THAT SECTION PROVIDES:

SEC. 4. RATES OF BASIC COMPENSATION SPECIFICALLY PROVIDED BY STATUTE (INCLUDING ANY INCREASE THEREIN COMPUTED IN ACCORDANCE WITH SECTION 602 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945), FOR POSITIONS IN THE EXECUTIVE BRANCH THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT WHICH ARE NOT INCLUDED IN SECTION 102, AS AMENDED, OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, OR IN THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1945, AND ARE NOT INCREASED BY ANY OTHER PROVISION OF THIS ACT, ARE HEREBY INCREASED BY 14 PERCENTUM OR $250 PER ANNUM WHICHEVER IS THE GREATER, EXCEPT THAT NO SUCH RATE SHALL BE INCREASED BY MORE THAN 25 PERCENTUM. SUCH AUGMENTED RATES SHALL BE CONSIDERED TO BE THE REGULAR RATES OF BASIC COMPENSATION.

IN THE ABSENCE OF SOME CLEAR INDICATION TO THE CONTRARY, THAT SECTION NECESSARILY COULD APPLY ONLY TO THOSE RATES OF BASIC COMPENSATION SPECIFICALLY PROVIDED BY STATUTES WHICH WERE IN EXISTENCE ON THE DATE THAT THE FEDERAL EMPLOYEES PAY ACT OF 1946, BECAME EFFECTIVE. THE CURRENT PROVISION FOR THE PAYMENT OF COMPENSATION FOR THE POSITIONS INVOLVED WAS NOT IN EXISTENCE ON THAT DATE. THEREFORE, SECTION 4, SUPRA, CAN HAVE NO APPLICATION TO SUCH POSITIONS. SO FAR AS THOSE POSITIONS ARE CONCERNED THE PROVISIONS FOR COMPENSATION APPEARING IN EACH ANNUAL APPROPRIATION ACT MUST BE CONSIDERED AS AN ANNUAL DETERMINATION BY THE CONGRESS AS TO THE COMPENSATION PAYABLE FOR THOSE POSITIONS. FURTHERMORE, IN FIXING THE ANNUAL COMPENSATION FOR THOSE POSITIONS FOR THE FISCAL YEAR 1949, I FIND NO INDICATION THAT CONGRESS INTENDED THAT SUCH COMPENSATION SHOULD BE INCREASED BY ANY LEGISLATION INCREASING THE COMPENSATION OF EMPLOYEES GENERALLY.

IT IS CONCLUDED THAT THE PERSONS OCCUPYING THE POSITIONS FOR WHICH RATES OF COMPENSATION SPECIFICALLY ARE PROVIDED IN THE APPROPRIATION FOR THE INTERSTATE COMMERCE COMMISSION INCLUDED IN THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1949 ARE NOT OFFICERS AND EMPLOYEES "WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946," AND IN THE ABSENCE OF SOME OTHER CLEAR INDICATION OF AN INTENTION ON THE PART OF CONGRESS TO INCREASE THE COMPENSATION OF SUCH PERSONS IT MUST BE CONCLUDED THAT THEIR COMPENSATION FOR THE FISCAL YEAR 1949 MUST BE AT THE RATE OF $10,000 PER ANNUM AS PROVIDED IN THE APPROPRIATION. COMPARE DECISION OF JULY 8, 1948, B-77798, TO THE SECRETARY OF STATE.