B-79823, SEPTEMBER 29, 1948, 28 COMP. GEN. 209

B-79823: Sep 29, 1948

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ARE NOT APPLICABLE TO THE ASSISTANT FEDERAL WORKS ADMINISTRATOR WHOSE COMPENSATION ($10. 000 PER ANNUM) HAS BEEN SPECIFICALLY FIXED IN ANNUAL APPROPRIATION ACTS SINCE THE FISCAL YEAR 1947 WITHOUT REGARD TO OTHER EXISTING PROVISIONS OF LAW WHICH WOULD HAVE AFFECTED THE SALARY PAYABLE TO SUCH OFFICER. 1948: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27. IN WHICH YOU REQUEST TO BE ADVISED WHETHER THE SALARY PAYABLE TO THE ASSISTANT FEDERAL WORKS ADMINISTRATOR WAS INCREASED FROM $10. 000 PER ANNUM ORIGINALLY WAS PROVIDED FOR THE ASSISTANT FEDERAL WORKS ADMINISTRATOR BY SECTION 301 (B) OF REORGANIZATION PLAN NO. 1. WHICH PLAN WAS PREPARED BY THE PRESIDENT AND SUBMITTED TO THE SENATE AND HOUSE OF REPRESENTATIVES IN CONGRESS ASSEMBLED ON APRIL 25.

B-79823, SEPTEMBER 29, 1948, 28 COMP. GEN. 209

POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - APPLICABILITY TO ASSISTANT FEDERAL WORKS ADMINISTRATOR THE PROVISIONS OF SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, AUTHORIZING THE PAYMENT OF ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM TO EACH OFFICER AND EMPLOYEE OF THE FEDERAL GOVERNMENT, ARE NOT APPLICABLE TO THE ASSISTANT FEDERAL WORKS ADMINISTRATOR WHOSE COMPENSATION ($10,000 PER ANNUM) HAS BEEN SPECIFICALLY FIXED IN ANNUAL APPROPRIATION ACTS SINCE THE FISCAL YEAR 1947 WITHOUT REGARD TO OTHER EXISTING PROVISIONS OF LAW WHICH WOULD HAVE AFFECTED THE SALARY PAYABLE TO SUCH OFFICER.

COMPTROLLER GENERAL WARREN TO THE FEDERAL WORKS ADMINISTRATOR, SEPTEMBER 29, 1948:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27, 1948, IN WHICH YOU REQUEST TO BE ADVISED WHETHER THE SALARY PAYABLE TO THE ASSISTANT FEDERAL WORKS ADMINISTRATOR WAS INCREASED FROM $10,000 PER ANNUM TO $10,330 PER ANNUM BY THE PROVISIONS OF SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, APPROVED JULY 3, 1948, 62 STAT. 1267.

IT APPEARS THAT A SALARY OF $9,000 PER ANNUM ORIGINALLY WAS PROVIDED FOR THE ASSISTANT FEDERAL WORKS ADMINISTRATOR BY SECTION 301 (B) OF REORGANIZATION PLAN NO. 1, 53 STAT. 1427, WHICH PLAN WAS PREPARED BY THE PRESIDENT AND SUBMITTED TO THE SENATE AND HOUSE OF REPRESENTATIVES IN CONGRESS ASSEMBLED ON APRIL 25, 1939, PURSUANT TO THE PROVISIONS OF THE REORGANIZATION ACT OF 1939, APPROVED APRIL 3, 1939, 53 STAT. 561, 562. THE SALARY PAYABLE FOR THAT POSITION WAS INCREASED TO $9,800 PER ANNUM ON JULY 1, 1945, BY APPLICATION OF THE PROVISIONS OF SECTION 602 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 302, AND IN THE ABSENCE OF ANY LEGISLATION TO THE CONTRARY WOULD HAVE BEEN INCREASED TO $10,000 PER ANNUM ON JULY 1, 1946, PURSUANT TO THE PROVISIONS OF SECTIONS 4 AND 7 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, APPROVED MAY 24, 1946, 60 STAT. 216, 218, AND FURTHER INCREASED TO $10,330 BY THE PROVISIONS OF SECTIONS 301 AND 303 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, 62 STAT. 1267, 1268. HOWEVER, COMMENCING WITH THE APPROPRIATION FOR THE FEDERAL WORKS AGENCY FOR THE FISCAL YEAR 1947, INCLUDED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1947, APPROVED MARCH 28, 1946, 60 STAT. 65, AND CONTINUING IN SIMILAR APPROPRIATION ACTS THROUGH THE FISCAL YEAR 1949, 62 STAT. 182, THERE HAS APPEARED A SPECIFIC PROVISION FOR THE SALARY OF THE ASSISTANT ADMINISTRATOR, AS FOLLOWS:

* * * FOR SALARIES AND EXPENSES * * * INCLUDING THE SALARIES OF AN ASSISTANT ADMINISTRATOR AND A GENERAL COUNSEL AT $10,000 PER ANNUM * * *.

AS STATED IN YOUR LETTER, THE APPROPRIATION ACT CONTAINING THAT PROVISION FOR THE FISCAL YEAR 1947 WAS ENACTED PRIOR TO THE PASSAGE OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, WHICH WOULD HAVE INCREASED THE SALARY PAYABLE TO THE ASSISTANT ADMINISTRATOR TO $10,000 PER ANNUM. THEREFORE, THAT APPROPRIATION PROVISION CANNOT BE CONSIDERED AS A MERE RECITAL OF THE SALARY DUE THE ASSISTANT ADMINISTRATOR UNDER OTHER PROVISIONS OF LAW. RATHER, IT MUST BE CONSIDERED AS A SPECIFIC FIXING BY CONGRESS OF THE SALARY PAYABLE EACH YEAR FOR THAT POSITION. A READING OF THE LEGISLATIVE HISTORY OF THAT PROVISION IN THE INDEPENDENT OFFICES APPROPRIATION BILL, 1947, DISCLOSES THAT IT WAS SO INTENDED. IN OTHER WORDS, THE SALARY PROVISION FOR THE ASSISTANT ADMINISTRATOR, WHICH HAS APPEARED IN EACH ANNUAL APPROPRIATION ACT FOR THE FEDERAL WORKS AGENCY, COMMENCING WITH THE APPROPRIATION FOR THE FISCAL YEAR 1947, WAS INTENDED TO SUPERSEDE AND TAKE THE PLACE OF OTHER EXISTING PROVISIONS OF LAW FIXING THE SALARY FOR THE ASSISTANT ADMINISTRATOR. NO PART OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 PURPORTS TO INCREASE THE RATE OF COMPENSATION OF PERSONS OCCUPYING POSITIONS FOR WHICH THE RATE OF COMPENSATION SPECIFICALLY IS PROVIDED EACH YEAR IN ANNUAL APPROPRIATIONS. SEE DECISION OF JULY 26, 1948, B 78269, 28 COMP. GEN. 63. ACCORDINGLY, EVEN THOUGH THE ORIGINAL PURPOSE OF THE APPROPRIATION PROVISION WAS TO PROVIDE A SALARY FOR THE ASSISTANT ADMINISTRATOR HIGHER THAN THAT WHICH OTHERWISE WOULD HAVE BEEN PAYABLE, IT MUST BE CONCLUDED THAT THE ONLY SALARY RATE PROPERLY PAYABLE TO THE ASSISTANT ADMINISTRATOR AT THE PRESENT TIME IS THE SALARY RATE OF $10,000 PER ANNUM PROVIDED IN THE APPROPRIATION FOR THE FEDERAL WORKS AGENCY INCLUDED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, 62 STAT. 182, WHICH SALARY RATE HAS NOT BEEN INCREASED BY ANY PROVISION OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948.