B-80949, NOVEMBER 9, 1948, 28 COMP. GEN. 299

B-80949, NOVEMBER 9, 1948, 28 COMP. GEN. 299

COMPENSATION - DOUBLE - EMPLOYMENT OF FEDERAL PERSONNEL IN CONNECTION WITH CENSUSES OF MANUFACTURERS AND OTHER BUSINESSES THE SPECIAL AUTHORITY IN SECTION 3 OF THE ACT OF JUNE 108, 1929, FOR EMPLOYMENT AND COMPENSATION OF EMPLOYEES OF THE DEPARTMENT OF COMMERCE AND OF OTHER GOVERNMENT AGENCIES FOR FIELD WORK IN CONNECTION WITH "THE FIFTEENTH DECENNIAL CENSUS," BEING APPLICABLE ONLY TO THAT CENSUS, THE EXTENSION OF THE PROVISIONS OF SAID SECTION 3 BY THE ACT OF JUNE 19, 1948, TO WORK IN CONNECTION WITH CENSUSES OF MANUFACTURERS AND OTHER BUSINESSES DOES NOT AUTHORIZE THE DUAL EMPLOYMENT OF GOVERNMENT PERSONNEL ON CENSUS WORK NOT CONNECTED WITH THE FIFTEENTH DECENNIAL CENSUS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, NOVEMBER 9, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 15, 1948, REQUESTING DECISION WHETHER THE BUREAU OF CENSUS MAY EMPLOY AND COMPENSATE EMPLOYEES OF OTHER GOVERNMENT AGENCIES, INCLUDING CONSTITUENT AGENCIES IN THE DEPARTMENT OF COMMERCE, FOR FIELD WORK IN CONNECTION WITH THE CENSUSES OF BUSINESS AND OF MANUFACTURERS WHICH ARE TAKEN PURSUANT TO PUBLIC LAW 671, APPROVED JUNE 19, 1948, WITHOUT CONTRAVENING THE DUAL COMPENSATION STATUTES.

YOUR DOUBT IN THE MATTER ARISES FROM THE PROVISION IN SECTION 2 OF SAID ACT OF JUNE 19, 1948, 62 STAT. 479, WHICH PROVIDES:

THAT THE FOLLOWING SECTIONS OF THE ACT OF JUNE 18, 1929 (46 STAT. 21) SHALL APPLY TO THE CENSUSES AND SURVEYS AUTHORIZED BY THIS ACT: SECTION 3, AS AMENDED BY SECTION 404 OF REORGANIZATION PLAN NUMBERED II (53 STAT. 1436) * * *.

SECTION 3 OF THE ACT OF JUNE 108, 1929, 46 STAT. 21, 22, REFERRED TO IN THE PRECEDING QUOTE, PROVIDES IN MATERIAL PART, AS FOLLOWS:

THAT SPECIAL AGENTS, SUPERVISORS, SUPERVISORS' CLERKS, ENUMERATORS, AND INTERPRETERS MAY BE APPOINTED BY THE DIRECTOR OF THE CENSUS TO CARRY OUT THE PROVISIONS OF THIS ACT AND OF THE ACT TO PROVIDE FOR A PERMANENT CENSUS OFFICE, APPROVED MARCH 6, 1902, AND ACTS AMENDATORY THEREOF OR SUPPLEMENTAL THERETO, SUCH APPOINTMENTS TO BE MADE WITHOUT REGARD TO THE CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT OF 1923, AS AMENDED, EXCEPT THAT SUCH SPECIAL AGENTS SHALL BE APPOINTED IN ACCORDANCE WITH THE CIVIL SERVICE LAWS. THE DIRECTOR OF THE CENSUS MAY DELEGATE TO THE SUPERVISORS AUTHORITY TO APPOINT ENUMERATORS. THE ENLISTED MEN AND OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS MAY BE APPOINTED AND COMPENSATED FOR THE ENUMERATION OF ARMY, NAVY, MARINE, AND OTHER MILITARY POSTS. EMPLOYEES OF THE DEPARTMENT OF COMMERCE AND OTHER DEPARTMENTS AND INDEPENDENT OFFICES OF THE GOVERNMENT MAY, WITH THE CONSENT OF THE HEAD OF THE RESPECTIVE DEPARTMENT OR OFFICE, BE EMPLOYED AND COMPENSATED FOR FIELD WORK IN CONNECTION WITH THE FIFTEENTH DECENNIAL CENSUS. * * * ( ITALICS SUPPLIED.)

IT WILL BE OBSERVED THAT WHILE SOME OF THE PROVISIONS OF SECTION 3 ARE GENERAL AND PERMANENT IN CHARACTER, THE PROVISION WITH RESPECT TO THE DUAL EMPLOYMENT OF EMPLOYEES OF THE DEPARTMENT OF COMMERCE AND OF OTHER DEPARTMENTS OR INDEPENDENT OFFICES OF THE GOVERNMENT IS LIMITED TO WORK IN CONNECTION WITH THE FIFTEENTH DECENNIAL CENSUS. THERE APPEARS FOR APPLICATION HERE THE ACCEPTED RULE THAT THE ADOPTION OF AN EARLIER STATUTE BY REFERENCE--- AS IS THE CASE HERE--- MAKES IT AS MUCH A PART OF THE LATER ACT AS THOUGH IT HAD BEEN INCORPORATED AT FULL LENGTH AND BRINGS IN ALL THAT IS FAIRLY COVERED BY THE REFERENCE. ENGEL V. DAVENPORT, 271 U.S. 33. HENCE, THE EXTENSION OF THE PROVISIONS OF THE SAID SECTION 3 TO WORK AUTHORIZED BY PUBLIC LAW 671 DOES NOT ENLARGE THE LANGUAGE THEREIN USED, THAT IS TO SAY, IT DOES NOT AUTHORIZE THE DUAL EMPLOYMENT OF EMPLOYEES OF THE DEPARTMENT OF COMMERCE AND OF OTHER DEPARTMENTS OR AGENCIES ON CENSUS WORK NOT CONNECTED WITH THE FIFTEENTH DECENNIAL CENSUS. SEE DECISION OF LIKE EFFECT IN 24 COMP. GEN. 445.