B-90867, DECEMBER 6, 1949, 29 COMP. GEN. 267

B-90867, DECEMBER 6, 1949, 29 COMP. GEN. 267

EXPERTS AND CONSULTANTS - COMPENSATION LIMITATION - CLASSIFICATION ACT OF 1949 THE MAXIMUM PER DIEM RATE OF COMPENSATION PAYABLE UNDER THE CLASSIFICATION ACT OF 1949 TO EXPERTS OR CONSULTANTS EMPLOYED UNDER THE GENERAL AUTHORITY OF SECTION 15 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, MAY NOT EXCEED THE EQUIVALENT OF THE MAXIMUM SALARY RATE FIXED BY THE 1949 ACT FOR GRADE 15, SUCH GRADE NOW BEING THE HIGHEST TO WHICH DEPARTMENTS AND AGENCIES ON THEIR OWN AUTHORITY MAY APPOINT CLASSIFIED EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, BUREAU OF THE BUDGET, DECEMBER 6, 1949:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1949, REQUESTING DECISION WITH RESPECT TO THE MAXIMUM SALARY RATES WHICH MAY BE PAID SINCE THE PASSAGE OF THE CLASSIFICATION ACT OF 1949, APPROVED OCTOBER 28, 1949, PUBLIC LAW 429, TO EXPERTS OR CONSULTANTS APPOINTED PURSUANT TO SECTION 15 OF THE ADMINISTRATIVE EXPENSE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 810.

SECTION 15 OF THE ACT OF AUGUST 2, 1946, PROVIDES:

THE HEAD OF ANY DEPARTMENT, WHEN AUTHORIZED IN AN APPROPRIATION OR OTHER ACT, MAY PROCURE THE TEMPORARY (NOT IN EXCESS OF ONE YEAR) OR INTERMITTENT SERVICES OF EXPERTS OR CONSULTANTS OR ORGANIZATIONS THEREOF, INCLUDING STENOGRAPHIC REPORTING SERVICES, BY CONTRACT, AND IN SUCH CASES SUCH SERVICE SHALL BE WITHOUT REGARD TO THE CIVIL SERVICE AND CLASSIFICATION LAWS (BUT AS TO AGENCIES SUBJECT TO THE CLASSIFICATION ACT AT RATES NOT IN EXCESS OF THE PER DIEM EQUIVALENT OF THE HIGHEST RATE PAYABLE UNDER THE CLASSIFICATION ACT, UNLESS OTHER RATES ARE SPECIFICALLY PROVIDED IN THE APPROPRIATION OR OTHER LAW) AND, EXCEPT IN THE CASE OF STENOGRAPHIC REPORTING SERVICES BY ORGANIZATIONS, WITHOUT REGARD TO SECTION 3709, REVISED STATUTES, AS AMENDED BY THIS ACT.

THE HIGHEST SALARY RATE AUTHORIZED IN THE CLASSIFICATION ACT OF 1923, AS AMENDED, PRIOR TO THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF OCTOBER 28, 1949, WAS $10,330 AND SUCH RATE WAS PRESCRIBED FOR POSITIONS IN CLASSIFICATION ACT GRADES CAF-15 AND P-8, WHICH POSITIONS WERE ALLOCATED BY SECTION 604 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 966, TO GRADE GS-15 WITH A SALARY RANGE FROM $10,000 TO $11,000. THREE NEW GRADES WERE ADDED BY THE NEW ACT, THAT IS, GRADES 16, 17, AND 18, WITH SALARY RANGES EXTENDING UP TO $14,000 A YEAR. WITH RESPECT TO SUCH GRADES SECTION 505 OF THAT ACT, 63 STAT. 959, PROVIDES:

SEC. 505 (A) NO POSITION SHALL BE PLACED IN GRADE 16 OR 17 OF THE GENERAL SCHEDULE EXCEPT BY ACTION OF, OR AFTER PRIOR APPROVAL BY, THE COMMISSION. AT ANY ONE TIME THERE SHALL NOT BE MORE THAN THREE HUNDRED POSITIONS IN GRADE 16 OF THE GENERAL SCHEDULE AND NOT MORE THAN SEVENTY-FIVE POSITIONS IN GRADE 17 OF THE GENERAL SCHEDULE.

(B) NO POSITION SHALL BE PLACED IN OR REMOVED FROM GRADE 18 OF THE GENERAL SCHEDULE EXCEPT BY THE PRESIDENT UPON RECOMMENDATION OF THE COMMISSION. THERE SHALL NOT BE MORE THAN TWENTY-FIVE POSITIONS IN SUCH GRADE AT ANY ONE TIME.

IT IS FURTHER PROVIDED IN SECTION 1106 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 972:

WHENEVER REFERENCE IS MADE IN ANY OTHER LAW TO THE CLASSIFICATION ACT OF 1923 AS AMENDED, SUCH REFERENCE SHALL BE HELD AND CONSIDERED TO MEAN THIS ACT. WHENEVER REFERENCE IS MADE IN ANY OTHER LAW TO A GRADE OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, SUCH REFERENCE SHALL BE HELD AND CONSIDERED TO MEAN THE CORRESPONDING GRADE SHOWN IN SECTION 604 OF THIS ACT.

IT IS RECOGNIZED THAT THE QUOTED PROVISIONS OF SECTION 1106 (A) OF THE CLASSIFICATION ACT OF 1949 LEND SUPPORT TO THE VIEW THAT BY REASON OF THE LANGUAGE OF THE ACT OF AUGUST 2, 1946, SUPRA, THE HIGHEST PER DIEM RATE PAYABLE TO EXPERTS AND CONSULTANTS EMPLOYED BY AGENCIES SUBJECT TO THE CLASSIFICATION ACT OF 1949 WOULD BE THE EQUIVALENT OF $14,000 PER ANNUM, THE SALARY FIXED FOR GRADE 18. HOWEVER, CONSIDERING THE FACT THAT, BY VIRTUE OF THE PROVISION OF SECTION 505 OF THE CLASSIFICATION ACT OF 1949, SUPRA, DEPARTMENTS AND AGENCIES DO NOT HAVE AUTHORITY IN THEIR OWN RIGHT TO PLACE POSITIONS IN GRADE 18 OR IN GRADE 16 OR 17, TOGETHER WITH THE FACT THAT THE PURPOSE OF THE ACT OF AUGUST 2, 1946, WAS TO ENABLE DEPARTMENTS AND AGENCIES SUBJECT TO THE CLASSIFICATION ACT OF 1923 TO PROCURE THE TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS OR CONSULTANTS AND TO COMPENSATE THEM AT RATES NOT TO EXCEED THE HIGHEST RATE TO WHICH THE DEPARTMENTS AND AGENCIES COULD APPOINT OTHER PERSONNEL SUBJECT TO THE CLASSIFICATION ACT, I AM CONSTRAINED TO THE VIEW THAT, CONSIDERING THE MATTER AS A WHOLE, IT WAS THE INTENT OF THE CONGRESS THAT DEPARTMENTS AND AGENCIES SUBJECT TO THE CLASSIFICATION ACT OF 1949 EMPLOY EXPERTS OR CONSULTANTS AT A RATE NOT IN EXCESS OF THAT EQUIVALENT OF THE MAXIMUM SALARY FIXED FOR GRADE 15 OF THE SAID ACT, OR $11,000 PER ANNUM--- THE HIGHEST RATE AT WHICH THE DEPARTMENTS AND AGENCIES NOW MAY APPOINT CLASSIFICATION ACT EMPLOYEES WITHOUT NUMERICAL LIMITATION AND OUTSIDE APPROVAL--- UNLESS OTHERWISE SPECIFICALLY AUTHORIZED IN AN APPROPRIATION ACT OR OTHER LAW.