A-52844, JANUARY 5, 1934, 13 COMP. GEN. 186

A-52844, JANUARY 5, 1934, 13 COMP. GEN. 186

COMPENSATION - CLASSIFICATION - EMPLOYEES PAID FROM ALLOTTED EMERGENCY FUNDS APPLICATION OF THE SPECIAL CLASSIFICATION RATES OF COMPENSATION PRESCRIBED IN EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, TO THE PERSONNEL OF THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM ALLOTTED EMERGENCY FUNDS IS REQUIRED TO THE EXTENT OF THOSE OFFICERS AND EMPLOYEES WHOSE COMPENSATION RATES ARE NOT OTHERWISE CONTROLLED BY THE CLASSIFICATION ACT OR OTHER STATUTE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, JANUARY 5, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 19, 1933, AS FOLLOWS:

EXECUTIVE ORDER OF NOVEMBER 18, 1933, PRESCRIBES RATES OF COMPENSATION OF GOVERNMENT EMPLOYEES IN EMERGENCY AGENCIES NOT SUBJECT TO THE CLASSIFICATION ACT AND ACTS AMENDATORY THEREOF.

IT WILL BE APPRECIATED IF YOU WILL ADVISE THE DEPARTMENT WHETHER THE PROVISIONS OF THE ORDER ARE ALSO TO BE APPLIED IN THE CASES OF EMPLOYEES SERVING UNDER ITS VARIOUS BUREAUS, WHOSE COMPENSATION IS PAID FROM FUNDS ALLOTTED THERETO BY EMERGENCY AGENCIES.

EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, PROVIDED IN PART AS FOLLOWS:

RATES OF COMPENSATION OF GOVERNMENT EMPLOYEES IN EMERGENCY AGENCIES NOT SUBJECT TO THE CLASSIFICATION ACT, AND ACTS AMENDATORY THEREOF.

BY VIRTUE OF THE AUTHORITY VESTED IN ME AS PRESIDENT OF THE UNITED STATES, AND UNDER AUTHORITY OF SECTION 1753 OF THE REVISED STATUTES, AND IN ORDER TO SECURE GREATER UNIFORMITY IN THE RATES OF COMPENSATION OF EMPLOYEES ENGAGED UPON THE SAME OR SIMILAR CLASSES OF WORK, IT IS HEREBY ORDERED THAT THE RESPECTIVE BASIS OF---

NATIONAL INDUSTRIAL RECOVERY ADMINISTRATION

AGRICULTURAL ADJUSTMENT ADMINISTRATION

TENNESSEE VALLEY AUTHORITY

PUBLIC WORKS ADMINISTRATION

EMERGENCY CONSERVATION WORK

RECONSTRUCTION FINANCE CORPORATION

FARM CREDIT ADMINISTRATION

FEDERAL EMERGENCY RELIEF ADMINISTRATION

HOME OWNERS' LOAN CORPORATION

FEDERAL COORDINATOR OF TRANSPORTATION

WHICH ARE AUTHORIZED BY LAW TO EMPLOY PERSONAL SERVICES AND TO FIX RATES OF COMPENSATION THEREFOR WITHOUT REGARD TO THE CLASSIFICATION ACT OF1923, AS AMENDED, SHALL, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY ME, FIX SUCH RATES FOR OFFICERS AND EMPLOYEES NOW IN THE SERVICE, AS WELL AS FOR THOSE HEREAFTER APPOINTED, AT THE AMOUNTS PRESCRIBED IN THE FOLLOWING SALARY-STANDARDIZATION SCHEDULE, IN ACCORDANCE WITH THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS OCCUPIED BY THEM:

THEN FOLLOWS A SCHEDULE OF RATES WHICH IN MOST PART CORRESPOND WITH THE MINIMUM SALARY RATES OF THE SEVERAL CLASSIFICATION GRADES OR SALARY RANGES ESTABLISHED BY THE CLASSIFICATION ACT AS AMENDED.

THE CLEAR PURPOSE OF THE EXECUTIVE ORDER IS TO EQUALIZE GENERALLY THE SALARY RATES OF THE PERSONNEL OF THE EMERGENCY AGENCIES WITH THE SALARY RATES OF THE PERSONNEL OF THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT SUBJECT TO THE CLASSIFICATION ACT. WHILE THE EXECUTIVE ORDER DOES NOT SPECIFICALLY MENTION PERSONNEL OF THE DEPARTMENT OF COMMERCE AND THE OTHER REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM FUNDS ALLOTTED BY ONE OF THE EMERGENCY AGENCIES, THE PURPOSE OF THE EXECUTIVE ORDER MAY BE PROPERLY ACCOMPLISHED ONLY BY REGARDING THE EXECUTIVE ORDER AS APPLICABLE ALSO TO THE PERSONNEL EMPLOYED UNDER THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM ALLOTTED EMERGENCY FUNDS IF THEIR SALARY RATES ARE NOT OTHERWISE CONTROLLED BY THE CLASSIFICATION ACT OR OTHER FEDERAL STATUTE. THAT IS TO SAY, APPLICATION OF THE RATES PRESCRIBED IN THE EXECUTIVE ORDER TO THE PERSONNEL OF THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT, INCLUDING THE DEPARTMENT OF COMMERCE, PAID FROM ALLOTTED EMERGENCY FUNDS, IS REQUIRED WITH RESPECT TO THOSE OFFICERS AND EMPLOYEES WHOSE COMPENSATION RATES ARE NOT OTHERWISE CONTROLLED BY THE CLASSIFICATION ACT OR OTHER STATUTE.