B-79504, SEPTEMBER 30, 1948, 28 COMP. GEN. 211

B-79504: Sep 30, 1948

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EVEN THOUGH LESS THAN 8 HOURS OF SERVICE PER DAY ARE RENDERED AND SUCH SERVICE IS RENDERED PRIOR TO THE CREATION OF THE TRUST FUND AUTHORIZED BY SECTION 16 (B) OF SAID ACT FROM WHICH SUCH PAYMENTS ARE TO BE MADE. REQUESTING A DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE COMPENSATION TO BE PAID TO MEMBERS OF THE DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY. IT IS STATED IN THE SAID LETTER THAT FUNDS HAVE NOT YET BEEN APPROPRIATED AS AUTHORIZED BY THE ACT AND THAT MEMBERS. HAVE NOT YET RECEIVED ANY COMPENSATION. THE VIEWS OF THIS OFFICE ARE REQUESTED AS TO (1) WHETHER COMPENSATION OF THE MEMBERS OF THE AGENCY IS TO BE PAID FOR EACH DAY ON WHICH SERVICE IS RENDERED BY THE MEMBERS AT MEETINGS OR ON THE WORK OF THE AGENCY ALTHOUGH THE TIME DEVOTED TO SUCH DUTIES MAY BE LESS THAN 8 HOURS.

B-79504, SEPTEMBER 30, 1948, 28 COMP. GEN. 211

COMPENSATION - RATES - MEMBERS OF DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY UNDER THE PROVISIONS OF SECTION 4 (A) OF THE DISTRICT OF COLUMBIA REDEVELOPMENT ACT OF 1945, MEMBERS OF THE DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY WHO HOLD NO OTHER SALARIED PUBLIC POSITION MAY BE PAID A PER DIEM OF $20 FOR EACH DAY OF SERVICE AT MEETINGS OR ON THE WORK OF THE AGENCY RENDERED SUBSEQUENT TO THEIR APPOINTMENT AND AFTER THE EFFECTIVE DATE OF THE ACT, EVEN THOUGH LESS THAN 8 HOURS OF SERVICE PER DAY ARE RENDERED AND SUCH SERVICE IS RENDERED PRIOR TO THE CREATION OF THE TRUST FUND AUTHORIZED BY SECTION 16 (B) OF SAID ACT FROM WHICH SUCH PAYMENTS ARE TO BE MADE.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, SEPTEMBER 30, 1948:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER DATED AUGUST 17, 1948, REQUESTING A DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE COMPENSATION TO BE PAID TO MEMBERS OF THE DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY, ESTABLISHED PURSUANT TO THE ACT OF AUGUST 2, 1946, 60 STAT. 790.

IT IS STATED IN THE SAID LETTER THAT FUNDS HAVE NOT YET BEEN APPROPRIATED AS AUTHORIZED BY THE ACT AND THAT MEMBERS, APPOINTED BY THE PRESIDENT AND THE DISTRICT COMMISSIONERS, CONSEQUENTLY, HAVE NOT YET RECEIVED ANY COMPENSATION. HOWEVER, THE VIEWS OF THIS OFFICE ARE REQUESTED AS TO (1) WHETHER COMPENSATION OF THE MEMBERS OF THE AGENCY IS TO BE PAID FOR EACH DAY ON WHICH SERVICE IS RENDERED BY THE MEMBERS AT MEETINGS OR ON THE WORK OF THE AGENCY ALTHOUGH THE TIME DEVOTED TO SUCH DUTIES MAY BE LESS THAN 8 HOURS, AND (2) WHETHER THE REMUNERATION WILL BE PAID FOR SERVICES RENDERED PRIOR TO CREATION OF THE TRUST FUND PROVIDED FOR BY SECTION 16 OF THE LAW AND, IF SO, WHETHER THE REMUNERATION WOULD BE RETROACTIVE TO THE FIRST SERVICE PERFORMED BY THE MEMBERS FOR THE AGENCY.

SECTION 4 (A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 793, PROVIDES THAT THE DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY THEREBY ESTABLISHED SHALL BE COMPOSED OF FIVE MEMBERS, TWO OF WHOM SHALL BE APPOINTED BY THE PRESIDENT AND THREE BY THE DISTRICT COMMISSIONERS SUBJECT TO CONFIRMATION BY THE SENATE; AND THAT ONE OF THE PRESIDENTIAL APPOINTEES MAY BE AN OFFICIAL OF THE UNITED STATES GOVERNMENT AND ONE OF THE APPOINTEES OF THE DISTRICT COMMISSIONERS, AN OFFICIAL OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA. IT IS FURTHER PROVIDED THEREIN THAT "THE MEMBERS SHALL RECEIVE NO SALARY AS SUCH, BUT THOSE MEMBERS WHO HOLD NO OTHER SALARIED PUBLIC POSITION SHALL BE PAID A PER DIEM OF $20 FOR EACH DAY OF SERVICE AT MEETINGS OR ON THE WORK OF THE AGENCY.' SECTION 16 (B) OF THE ACT, 60 STAT. 800, WHICH AUTHORIZES THE ESTABLISHMENT OF THE TRUST FUND, REFERRED TO BY YOU, PROVIDES AS FOLLOWS:

(B) THERE IS FURTHER AUTHORIZED TO BE APPROPRIATED OUT OF ANY MONEYS IN THE TREASURY OF THE UNITED STATES NOT OTHERWISE APPROPRIATED, THE SUM OF $20,000,000, WHICH SUM SHALL BE PLACED TO THE CREDIT OF A SPECIAL TRUST FUND TO BE ESTABLISHED FOR THE PURPOSES HEREINAFTER SET OUT. THERE SHALL BE DEPOSITED IN THE TREASURY OF THE UNITED STATES AND CREDITED TO SAID SPECIAL TRUST FUND ALL REVENUES, RENTALS, PROCEEDS, AND OTHER FUNDS RECEIVED BY THE AGENCY. THE SAID SPECIAL TRUST FUND IS HEREBY MADE AVAILABLE TO THE AGENCY FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND PERFORMING ANY ACT REQUIRED OR AUTHORIZED BY THIS ACT. THE AGENCY SHALL FROM TIME TO TIME SUBMIT TO THE DISTRICT COMMISSIONERS ESTIMATES OF AMOUNTS FOR THE REASONABLE AND NECESSARY EXPENSES OF THE AGENCY, INCLUDING PERSONAL SERVICES, AND SUCH AMOUNTS AS MAY BE APPROVED BY THE DISTRICT COMMISSIONERS SHALL BE AVAILABLE FROM THE SAID SPECIAL TRUST FUND FOR SUCH EXPENSES.

SECTION 22 OF THE ACT, 60 STAT. 802, PROVIDES THAT IT SHALL TAKE EFFECT 90 DAYS AFTER THE DATE OF ITS APPROVAL.

FROM THE LANGUAGE USED IN SECTION 4 (A) OF THE ACT, IT IS CLEAR THAT NO PER DIEM IS TO BE PAID TO MEMBERS OF THE AGENCY WHO CONCURRENTLY HOLD A SALARIED PUBLIC POSITION. AS TO MEMBERS WHO HOLD NO SUCH POSITION, A PER DIEM OF $20 FOR EACH DAY OF SERVICE AT MEETINGS OR ON THE WORK OF THE AGENCY IS AUTHORIZED. NO PARTICULAR NUMBER OF HOURS OF SERVICE PER DAY AS TO SUCH MEMBERS IS REQUIRED BY THE TERMS OF THE STATUTE. NOR DOES IT SEEM REASONABLE, IN VIEW OF THE NATURE OF THE OFFICES INVOLVED, TO ATTRIBUTE TO THE CONGRESS AN INTENT TO REQUIRE A PRORATION OF THE STIPULATED PER DIEM FOR SERVICE OF LESS THAN 8 HOURS IN ANY ONE DAY. ACCORDINGLY, YOU ARE ADVISED THAT THE PER DIEM OF $20 IS PAYABLE FOR ANY CALENDAR DAY ON WHICH SERVICE AT MEETINGS OR THE WORK OF THE AGENCY IS PERFORMED BY THE SAID MEMBERS, EVEN THOUGH LESS THAN 8 HOURS OF SERVICE ARE RENDERED. SEE 24 COMP. GEN. 498. CF. 27 COMP. GEN. 776.

AS TO THE SECOND QUESTION, THE ACT MAKES PROVISION FOR THE APPOINTMENT OF THE MEMBERS BY THE PRESIDENT OR THE DISTRICT COMMISSIONERS AND THE CONFIRMATION OF SUCH APPOINTMENTS BY THE SENATE AND FOR THEIR COMPENSATION. NOTHING APPEARS IN THE ACT WHICH WOULD PREVENT SUCH APPOINTMENTS FROM BEING MADE UNTIL THE TRUST FUND AUTHORIZED BY SECTION 16 OF THE LAW IS ESTABLISHED. ACCORDINGLY, APPLYING THE USUAL RULE THAT, UNLESS OTHERWISE SPECIFIED THEREIN, OR SOME OTHER CONSTRUCTION IS REQUIRED BY NECESSARY IMPLICATION, STATUTES ARE EFFECTIVE FROM THE DATE OF THEIR ENACTMENT, AND SINCE THE STATUTE PRESCRIBES ITS EFFECTIVE DATE AS 90 DAYS FROM THE DATE OF ITS APPROVAL, THE PER DIEM IS PAYABLE AS TO MEMBERS NOT OCCUPYING OTHER OFFICIAL SALARIED POSITIONS FOR ANY DAY OF SERVICE SUBSEQUENT TO THEIR APPOINTMENT AND AFTER THE EFFECTIVE DATE OF THE ACT. ACCORDINGLY, UPON FUNDS BECOMING AVAILABLE, NO LEGAL OBJECTION IS PERCEIVED TO OTHERWISE PROPER PAYMENTS OF PER DIEM FOR SERVICES RENDERED BY SAID MEMBERS AFTER THE DATE OF THEIR APPOINTMENT AND SUBSEQUENT TO THE EFFECTIVE DATE OF THE ACT.