B-80850, DECEMBER 29, 1948, 28 COMP. GEN. 383

B-80850, DECEMBER 29, 1948, 28 COMP. GEN. 383

COMPENSATION - DIFFERENTIAL FOR POSITIONS OUTSIDE CONTINENTAL UNITED STATES WHERE A COMPENSATION DIFFERENTIAL WAS NOT PAYABLE TO AN EMPLOYEE OCCUPYING A POSITION OUTSIDE CONTINENTAL UNITED STATES ON THE BASIS OF PREVIOUSLY EXISTING ADMINISTRATIVE PRACTICES IN EFFECT PRIOR TO APRIL 20, 1948, AS PROVIDED BY SECTION 301 OF EXECUTIVE ORDER NO. 10000--- ISSUED PURSUANT TO SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED--- AUTHORIZING THE TEMPORARY CONTINUANCE OF ADDITIONAL COMPENSATION PAYMENTS FOR SUCH POSITIONS, AND WHERE NO RATE OF ADDITIONAL COMPENSATION HAS BEEN FIXED BY PROPER AUTHORITY FOR PAYMENT TO THE OCCUPANT OF THAT POSITION, PAYMENT THEREOF IS UNAUTHORIZED.

COMPTROLLER GENERAL WARREN TO W. K. CHAMBARD, DEPARTMENT OF COMMERCE, DECEMBER 29, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 1, 1948, FORWARDED HERE BY LETTER DATED OCTOBER 12, 1948, FROM THE DIRECTOR, GENERAL ACCOUNTS SERVICE, CIVIL AERONAUTICS ADMINISTRATION, DEPARTMENT OF COMMERCE, WITH WHICH WAS ENCLOSED A PAY ROLL VOUCHER IN THE TOTAL AMOUNT OF $49.66, COVERING A PROPOSED SUPPLEMENTAL PAYMENT TO WALTER P. PLETT, REGIONAL ADMINISTRATOR, ANCHORAGE, ALASKA,"AS ADDITIONAL COMPENSATION" FOR THE PERIOD AUGUST 29 TO SEPTEMBER 24, 1948, PURSUANT TO THE PROVISIONS OF SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED BY SECTION 104 OF THE SUPPLEMENTAL INDEPENDENT OFFICES APPROPRIATION ACT, 1949, 62 STAT. 1205.

IT APPEARS THAT THE POSITION OF REGIONAL ADMINISTRATOR OCCUPIED BY MR. PLETT IS CLASSIFIED AS CAF-15, AND--- BECAUSE OF THE SALARY INCREASES PROVIDED BY THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946, AND THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, 62 STAT. 1267--- HAS A BASIC SALARY OF $10,330 PER ANNUM. BY REASON OF THE LIMITATIONS CONTAINED IN SECTION 303 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, 62 STAT. 1268, THAT SALARY, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, HAS BEEN THE MAXIMUM SALARY PAYABLE TO PERSONS OCCUPYING POSITIONS WHICH ARE CLASSIFIED AND COMPENSATED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED.

YOUR LETTER POINTS OUT THAT THE COMPENSATION LIMITATION PRESCRIBED BY THE ABOVE-CITED SALARY ACTS IS APPLICABLE ONLY WHERE THE BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, WOULD BE AT A RATE OF $10,330 PER ANNUM AND THAT THE ADDITIONAL COMPENSATION PROVIDED BY SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, IS ADDITIONAL COMPENSATION, OTHER THAN PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED.

SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED BY SECTION 104 OF THE SUPPLEMENTAL INDEPENDENT OFFICES APPROPRIATION ACT, 1949, APPROVED JUNE 30, 1948, 62 STAT. 1205, PROVIDES:

ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE EXECUTIVE DEPARTMENTS,INDEPENDENT ESTABLISHMENTS, AND WHOLLY OWNED GOVERNMENT CORPORATIONS FOR THE PAYMENT OF SALARIES AND COMPENSATION TO PERSONS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA WHOSE RATES OF BASIC COMPENSATION ARE FIXED BY STATUTE, SHALL BE AVAILABLE FOR THE PAYMENT OF ADDITIONAL COMPENSATION TO SUCH PERSONS, BASED ON LIVING COSTS SUBSTANTIALLY HIGHER THAN IN THE DISTRICT OF COLUMBIA, OR CONDITIONS OF ENVIRONMENT WHICH DIFFER SUBSTANTIALLY FROM CONDITIONS OF ENVIRONMENT IN THE STATES AND WARRANT ADDITIONAL COMPENSATION AS A RECRUITMENT INCENTIVE, OR BOTH SUCH FACTORS: PROVIDED, THAT SUCH ADDITIONAL COMPENSATION, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, SHALL BE PAID ONLY IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT ESTABLISHING RATES OF SUCH ADDITIONAL COMPENSATION AND DEFINING THE AREA, GROUPS OF POSITION, AND CLASSES OF PERSONS TO WHICH EACH SUCH RATE APPLIES: PROVIDED FURTHER, THAT NO ADDITIONAL COMPENSATION BASED ON LIVING COSTS SUBSTANTIALLY HIGHER THAN IN THE DISTRICT OF COLUMBIA SHALL BE PAID UNDER THIS SECTION TO ANY PERSON WHO IS ENTITLED TO RECEIVE A COST-OF-LIVING ALLOWANCE UNDER SECTION 901 (2) OF THE FOREIGN SERVICE ACT OF 1946 OR SECTION 204 OF THIS ACT: PROVIDED FURTHER, THAT SUCH ADDITIONAL COMPENSATION SHALL NOT EXCEED IN ANY INSTANCE 25 PERCENTUM OF THE RATE OF BASIC COMPENSATION: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE SIXTY DAYS AFTER THE DATE OF APPROVAL OF THIS ACT, OR ON SUCH EARLIER DATE AS MAY BE SPECIFIED IN REGULATIONS ISSUED BY THE PRESIDENT HEREUNDER, AND ADDITIONAL COMPENSATION PAYABLE UNDER REGULATIONS AND PROCEDURES IN EFFECT ON THE DATE OF APPROVAL OF THIS ACT MAY CONTINUE TO BE PAID UNTIL THE EFFECTIVE DATE OF THIS SECTION.

IT SHOULD BE NOTED THAT THE ABOVE SECTION DOES NOT IN ITSELF PRESCRIBE ANY RATES OF ADDITIONAL COMPENSATION. ON THE CONTRARY, THE SECTION SPECIFICALLY PROVIDES THAT "SUCH ADDITIONAL COMPENSATION * * * SHALL BE PAID ONLY IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT ESTABLISHING RATES OF SUCH ADDITIONAL COMPENSATION AND DEFINING THE AREA, GROUPS OF POSITIONS, AND CLASSES OF PERSONS TO WHICH EACH SUCH RATE APPLIES.' IT FOLLOWS THAT IN THE ABSENCE OF SUCH REGULATIONS PRESCRIBED BY THE PRESIDENT SPECIFICALLY APPLICABLE, THERE IS NO AUTHORITY FOR PAYING ANY ADDITIONAL COMPENSATION UNDER THE TERMS OF THAT SECTION. THEREFORE, IT CANNOT BE CONCLUDED AS SUGGESTED IN YOUR LETTER THAT ADDITIONAL COMPENSATION BASED UPON SECTION 207 OF THE STATUTE MAY BE PAID, EVEN THOUGH THE REGULATIONS PRESCRIBED BY THE PRESIDENT DO NOT PROVIDE FOR THE PAYMENT OF THE ADDITIONAL COMPENSATION. THE PRESIDENTIAL REGULATION APPLICABLE TO THE PERIOD COVERED BY THE VOUCHER IS SECTION 301 OF EXECUTIVE ORDER NO. 10000, DATED SEPTEMBER 16, 1948, WHICH PROVIDES:

DURING THE PERIOD COMMENCING WITH THE DATE OF THIS ORDER THE EFFECTIVE DATE OF SECTION 207 OF THE ACT (AS DEFINED IN SECTION 101 HEREOF), WHICHEVER SHALL OCCUR EARLIER, AND ENDING ON A DATE OR DATES FIXED BY THE SECRETARY OF STATE AND THE CIVIL SERVICE COMMISSION, RESPECTIVELY, AS THE EFFECTIVE DATES OF THE DESIGNATION OF PLACES AND OF THE FIXING OF ADDITIONAL RATES OF COMPENSATION, UNDER PARTS I AND II OF THIS ORDER, BUT IN NO EVENT LATER THAN JANUARY 1, 1949, AND NOTWITHSTANDING THE PROVISIONS OF PARTS I AND II OF THIS ORDER, THE PAYMENT OF SALARIES AND COMPENSATION (INCLUDING THE PAYMENT OF ADDITIONAL COMPENSATION) OF PERSONS SUBJECT TO THE PROVISIONS OF SAID SECTION 207 SHALL BE GOVERNED BY THE REGULATIONS AND PRACTICES IN EFFECT IN THE RESPECTIVE EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND WHOLLY OWNED GOVERNMENT CORPORATIONS IMMEDIATELY PRIOR TO APRIL 20, 1948. EXECUTIVE ORDER NO. 9962 OF MAY 24, 1948, IS HEREBY REVOKED.

UNDER THE REGULATIONS AND PRACTICES IN EFFECT IN THE RESPECTIVE EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND WHOLLY OWNED GOVERNMENT CORPORATIONS IMMEDIATELY PRIOR TO APRIL 20, 1948, IT WAS THE SETTLED RULE THAT THE DIFFERENTIAL WAS TO BE TAKEN INTO CONSIDERATION IN APPLYING THE $10,000 PER ANNUM LIMITATION OF THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946. SEE 25 COMP. GEN. 151; ID. 188; ID. 897. SINCE IT DOES NOT APPEAR THAT A DIFFERENTIAL WAS PAYABLE TO THE REGIONAL ADMINISTRATOR, CIVIL AERONAUTICS ADMINISTRATION, AT ANCHORAGE, ALASKA, PRIOR TO APRIL 20, 1948, AND SINCE IT DOES NOT APPEAR THAT ANY RATE OF ADDITIONAL COMPENSATION HAS BEEN FIXED BY PROPER AUTHORITY FOR PAYMENT TO THE OCCUPANT OF THAT POSITION, THE VOUCHER MAY NOT, ON THE PRESENT RECORD, BE CERTIFIED FOR PAYMENT.