B-76782, AUGUST 3, 1948, 28 COMP. GEN. 77

B-76782, AUGUST 3, 1948, 28 COMP. GEN. 77

POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - AGGREGATE COMPENSATION LIMITATION - SALARY OF LIBRARY OF CONGRESS POSITION AUGMENTED BY HONORARIUM THE PERMANENT PROVISION OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1948, WHICH LIMITED TO $10,000 THE GROSS SALARY OF ANY POSITION IN THE LIBRARY OF CONGRESS WHICH IS AUGMENTED BY PAYMENT O AN HONORARIUM FROM OTHER THAN APPROPRIATED FUNDS WAS NOT REPEALED OR SUPERSEDED BY THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, WHICH RAISED FROM $10,000 TO $10,330 THE LIMITATION UPON THE AGGREGATE COMPENSATION RATE PAYABLE BY REASON OF THE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946 AND THE ADDITIONAL COMPENSATION PROVISIONS OF SAID 1948 SALARY ACT, SO AS TO INCREASE THE LIMITATION AS TO SUCH A POSITION.

ACTING COMPTROLLER GENERAL YATES TO THE LIBRARIAN OF CONGRESS, AUGUST 3, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JULY 9, 1948, AS FOLLOWS:

IN YOUR DECISION B-76782, DATED JUNE 10, 1948, ADDRESSED TO THE LIBRARIAN OF CONGRESS, IT WAS HELD THAT THE $10,000 SALARY LIMITATION PROVISION CONTAINED IN THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1948, WAS IN THE NATURE OF PERMANENT LEGISLATION AND WAS THEREFORE APPLICABLE TO FUTURE YEARS. THE QUESTION NOW ARISES WHETHER THE FEDERAL EMPLOYEES SALARY ACT OF 1948 INCREASES THE AFOREMENTIONED SALARY LIMITATION BY $330.

SECTION 303 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, APPROVED JULY 3, 1948, 62 STAT. 1268, PROVIDES:

SEC. 303. (A) SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, IS AMENDED BY STRIKING OUT "$10,000" WHERE IT FIRST APPEARS IN SUCH SECTION AND INSERTING IN LIEU THEREOF "$10,330.'

(B) SECTON 7 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 IS AMENDED BY STRIKING OUT "$10,000" AND INSERTING IN LIEU THEREOF "$10,330.'

(C) NO OFFICER OR EMPLOYEE SHALL BY REASON OF ANY PROVISION OF THIS TITLE BE PAID WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, AT A RATE IN EXCESS OF $10,330 PER ANNUM.

AS STATED IN DECISION OF JULY 26, 1948, B-78269, 28 COMP. GEN. 63, THAT SECTION DOES NOT PURPORT TO INCREASE ALL SALARIES WHICH FORMERLY WERE FIXED AT OR LIMITED TO $10,000 PER ANNUM. IT ONLY RAISES THE LIMITATION UPON THE AGGREGATE RATE PAYABLE BY REASON OF THE ENACTMENT OF THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946 FROM $10,000 TO $10,330, AND FURTHER PROVIDES IN EFFECT THAT NO PERSON, BY REASON OF THE ENACTMENT OF TITLE III OF THE 1948 ACT (WHICH TITLE, INTER ALIA, INCLUDES SECTION 301, INFRA, AND SECTION 303, SUPRA), SHALL BE PAID WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THE 1945 PAY ACT AS AMENDED, AT A RATE IN EXCESS OF $10,330 PER ANNUM. THE ONLY ADDITIONAL COMPENSATION PROVIDED FOR OTHER THAN POSTAL EMPLOYEES BY PUBLIC LAW 900, APPROVED JULY 3, 1948, IS PROVIDED IN SECTION 301 OF THAT ACT, 62 STAT. 1267, AS FOLLOWS:

SEC. 390. EXCEPT AS PROVIDED IN SECTION 303, EACH OFFICER AND EMPLOYEE OF THE FEDERAL GOVERNMENT, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM: PROVIDED, THAT ANY EMPLOYEE PAID ON AN HOURLY OR PART-TIME BASIS SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR.

SECTION 2 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, PROVIDED AN INCREASE IN CLASSIFICATION ACT PAY RATES AND SECTION 5 OF THAT ACT, 60 STAT. 217, PROVIDED AN INCREASE IN PAY RATES FOR POSITIONS IN THE LEGISLATIVE BRANCH. ACCORDINGLY, IN THE ABSENCE OF SOME OTHER PROVISION OF LAW, THE ADDITIONAL COMPENSATION PROVIDED BY SECTION 301 OF THE 1948 PAY ACT, SUPRA, IS PAYABLE TO EMPLOYEES OF THE LIBRARY OF CONGRESS WHOSE RATE OF COMPENSATION IS INCREASED BY THOSE SECTIONS. HOWEVER, WITH RESPECT TO ANY EMPLOYEE IN THE LIBRARY OF CONGRESS WHO OCCUPIES A POSITION THE SALARY OF WHICH IS AUGMENTED BY PAYMENT OF AN HONORARIUM FROM OTHER THAN APPROPRIATED FUNDS, THERE IS FOR CONSIDERATION THAT PORTION OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1948, 61 STAT. 372, INCLUDED UNDER " SALARIES, LIBRARY, PROPER" WHICH PROVIDES IN EFFECT, THAT THE TOTAL COMPENSATION OF SUCH A POSITION WILL NOT EXCEED $10,000. THAT PROVISION IS AS FOLLOWS:

* * * PROVIDED, THA HEREAFTER THE GROSS SALARY OF ANY POSITION IN THE LIBRARY WHICH IS AUGMENTED BY PAYMENT OF AN HONORARIUM FROM OTHER THAN APPROPRIATED FUNDS SHALL NOT EXCEED SUCH RATE AS, COMBINED WITH THE HONORARIUM, WILL NOT EXCEED $10,000.

THE DECISION OF JUNE 10, 1948, B-76782, REFERRED TO IN YOUR LETTER, SUPRA, HELD THAT PROVISO TO BE PERMANENT LEGISLATION. THERE IS NOTHING IN THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 WHICH EXPRESSLY REPEALS SUCH A SPECIAL LIMITATION ON THE GROSS SALARY PAYABLE AS IS CONTAINED IN THAT SECTION, AND I FIND NO INDICATION OF ANY INTENT ON THE PART OF CONGRESS WHICH WOULD NECESSARILY IMPLY THAT SUCH PROVISION HAS BEEN REPEALED OR SUPERSEDED.