B-82024, FEBRUARY 16, 1949, 28 COMP. GEN. 459

B-82024: Feb 16, 1949

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COMPENSATION - ADDITIONAL - EMPLOYMENT ON BOTH ANNUAL SALARY AND FEE BASIS A PHYSICIAN EMPLOYED BY ONE GOVERNMENT AGENCY ON A FULL TIME BASIS AT A SALARY FIXED BY STATUTE MAY BE ENGAGED BY ANOTHER GOVERNMENT AGENCY TO RENDER LECTURING SERVICES WHICH ARE SEPARATE AND DISTINCT FROM HIS FULL TIME DUTIES AND WHICH DO NOT INTERFERE WITH THE PERFORMANCE THEREOF. OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS. UNLESS THE SAME IS AUTHORIZED BY LAW. THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY. ARE HELD BY ONE PERSON AT THE SAME TIME. IT IS POINTED OUT IN YOUR LETTER THAT AUTHORITY TO CONTRACT FOR SUCH SERVICE EXPRESSLY IS AUTHORIZED BY SECTION 1500 OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944.

B-82024, FEBRUARY 16, 1949, 28 COMP. GEN. 459

COMPENSATION - ADDITIONAL - EMPLOYMENT ON BOTH ANNUAL SALARY AND FEE BASIS A PHYSICIAN EMPLOYED BY ONE GOVERNMENT AGENCY ON A FULL TIME BASIS AT A SALARY FIXED BY STATUTE MAY BE ENGAGED BY ANOTHER GOVERNMENT AGENCY TO RENDER LECTURING SERVICES WHICH ARE SEPARATE AND DISTINCT FROM HIS FULL TIME DUTIES AND WHICH DO NOT INTERFERE WITH THE PERFORMANCE THEREOF, AND BE PAID THE AGREED FEE THEREFOR PURSUANT TO ADMINISTRATIVE REGULATIONS ISSUED UNDER STATUTORY AUTHORITY, WITHOUT VIOLATING THE ADDITIONAL COMPENSATION RESTRICTIONS OF SECTION 1765, REVISED STATUTES.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, FEBRUARY 16, 1949:

THERE HAS BEEN CONSIDERED LETTER OF DECEMBER 3, 1948, FROM THE EXECUTIVE ASSISTANT ADMINISTRATOR, REQUESTING A DECISION AS TO THE APPLICABILITY OF THE PROVISIONS OF SECTION 1765, REVISED STATUTES (5 U.S.C. 70), TO THE EMPLOYMENT, ON A FEE BASIS, BY YOUR ADMINISTRATION OF A FULL TIME SALARIED PHYSICIAN OF THE FEDERAL SECURITY AGENCY TO DELIVER A SERIES OF LECTURES AT A VETERANS' ADMINISTRATION BRANCH OFFICE.

THE SAID SECTION 1765, REVISED STATUTES, AS CODIFIED IN 5 U.S.C. 70, READS AS FOLLOWS:

NO OFFICER IN ANY BRANCH O THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY, OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW, AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION.

IT CONSISTENTLY HAS BEEN HELD BY THE COURTS AND THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT THE QUOTED STATUTORY PROVISION HAS NO APPLICATION TO CASES WHERE TWO DISTINCT OFFICES OR EMPLOYMENTS, EACH WITH ITS OWN COMPENSATION FIXED BY LAW OR REGULATION, ARE HELD BY ONE PERSON AT THE SAME TIME. UNITED STATES V. SAUNDERS, 120 U.S. 126; UNITED STATES V. MCCANDLESS, 147 U.S. 692; 4 COMP. GEN. 84; 16 ID. 909; 19 ID. 751; 22 ID. 312.

WITH RESPECT TO THE EMPLOYMENT HERE INVOLVED, IT IS POINTED OUT IN YOUR LETTER THAT AUTHORITY TO CONTRACT FOR SUCH SERVICE EXPRESSLY IS AUTHORIZED BY SECTION 1500 OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944, 58 STAT. 284, 300, AND THAT ADMINISTRATIVE REGULATIONS ISSUED THEREUNDER AUTHORIZE THE MANAGER OF A BRANCH OFFICE, IN CONTRACTING FOR LECTURE SERVICES, TO OBTAIN FROM THE LECTURER A LETTER ACCEPTING AN INVITATION AND INDICATING THE COST THEREOF, WHICH LETTER, WHEN INDORSED BY THE MANAGER AND THE LECTURER, CONSTITUTES THE AGREEMENT.

FROM THE INFORMATION FURNISHED, IT IS ASSUMED THAT THE SERVICES AS LECTURER ARE SEPARATE AND DISTINCT FROM THE DUTIES REQUIRED OF THE PHYSICIAN IN HIS FULL TIME EMPLOYMENT UNDER THE FEDERAL SECURITY ADMINISTRATION, AND IT ALSO IS ASSUMED THAT SUCH SERVICE IN NOWISE INTERFERES WITH THE PERFORMANCE OF THE DUTIES REQUIRED IN HIS FULL TIME STATUS. IF SUCH ASSUMPTIONS ARE CORRECT, SINCE THE SALARY OF THE FULL TIME POSITION IS FIXED BY STATUTE AND THE AGREED FEE FOR THE LECTURE SERVICE IS FIXED PURSUANT TO ADMINISTRATIVE REGULATIONS ISSUED UNDER STATUTORY AUTHORITY THEREFOR, YOU ARE ADVISED THAT THERE IS PERCEIVED NO LEGAL OBJECTION TO THE PAYMENT OF THE AGREED FEE FOR THE LECTURE SERVICE HERE INVOLVED.