B-99327, NOVEMBER 21, 1950, 30 COMP. GEN. 204

B-99327, NOVEMBER 21, 1950, 30 COMP. GEN. 204

COMPENSATION - RATES - SPECIAL AND TEMPORARY SERVICES - EMPLOYEES OF THE LIBRARY OF CONGRESS THE FUNDS PROVIDED BY THE LEGISLATIVE BRANCH APPROPRIATION ACT FOR 1951 FOR SPECIAL AND TEMPORARY SERVICES AND EXTRA SPECIAL SERVICES OF REGULAR EMPLOYEES OF THE LIBRARY OF CONGRESS AT RATES OF COMPENSATION TO BE FIXED BY THE LIBRARIAN, AND FOR SERVICES OF OTHER EMPLOYEES OF THE LIBRARY ENGAGED BY THE DAY OR HOUR, ARE NOT SUBJECT TO THE MAXIMUM COMPENSATION LIMITATIONS OF THE CLASSIFICATION ACT OF 1949, NOR TO ANY OTHER LIMITATION, AND THEREFORE THERE IS NO LIMITATION ON THE RATES OF COMPENSATION WHICH MAY BE FIXED AND PAID FOR SUCH SERVICES, PROVIDED AGGREGATE PAYMENTS THEREFOR DO NOT EXCEED THE MAXIMUM AMOUNTS MADE AVAILABLE BY THE ACT.

COMPTROLLER GENERAL WARREN TO THE LIBRARIAN OF CONGRESS, NOVEMBER 21, 1950:

REFERENCE IS MADE TO LETTER OF NOVEMBER 3, 1950, FROM THE ACTING LIBRARIAN OF CONGRESS, REQUESTING DECISION WHETHER THERE IS ANY LIMITATION UPON THE RATES OF PAYMENT WHICH MAY BE MADE TO EMPLOYEES UNDER CERTAIN PROVISIONS IN THE LEGISLATIVE BRANCH APPROPRIATION ACT FOR 1951, PUBLIC LAW 759, 64 STAT. 604, QUOTED IN THE LETTER AS FOLLOWS:

SALARIES, LIBRARY PROPER * * * INCLUDING SPECIAL AND TEMPORARY SERVICES AND EXTRA SPECIAL SERVICES OF REGULAR EMPLOYEES (NOT EXCEEDING $5,000) AT RATES TO BE FIXED BY THE LIBRARIAN * * *

SALARIES AND EXPENSES, LEGISLATIVE REFERENCE SERVICE * * * INCLUDING NOT TO EXCEED $20,000 FOR EMPLOYEES ENGAGED BY THE DAY OR HOUR AT RATES TO BE FIXED BY THE LIBRARIAN * * *

THE LETTER STATES THAT SIMILAR PROVISIONS ARE CONTAINED IN THE APPROPRIATION FOR DISTRIBUTION OF CATALOG CARDS, UNION CATALOGS, AND SALARIES AND EXPENSES, LIBRARY BUILDINGS.

IN DECISION B-90867 OF DECEMBER 6, 1949, 29 COMP. GEN. 267, REFERRED TO IN THE LETTER, THE LIMITATION OF $11,000 PER ANNUM INVOLVED THE APPLICATION OF THE PROVISION IN SECTION 15 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 810, LIMITING--- AS TO AGENCIES SUBJECT TO THE CLASSIFICATION ACT --- PAYMENTS TO EXPERTS OR CONSULTANTS TO "RATES NOT IN EXCESS OF THE PER DIEM EQUIVALENT OF THE HIGHEST RATE PAYABLE UNDER THE CLASSIFICATION ACT.' THE QUOTED APPROPRIATION EXTRACTS, SUPRA, AND THE SIMILAR PROVISIONS REFERRED TO, CONTAIN NO REFERENCE TO THE MAXIMUM RATES PAYABLE UNDER THE CLASSIFICATION ACT, OR ANY OTHER ACT. ACCORDINGLY, THE DECISION OF DECEMBER 6, 1949, HAS NO APPLICATION TO THE RATES PAYABLE TO THE EMPLOYEES HERE INVOLVED. SOME OF THE REFERRED TO APPROPRIATION PROVISIONS PERMIT ADDITIONAL PAYMENTS TO "REGULAR EMPLOYEES" WHO MAY BE DRAWING COMPENSATION UNDER THE CLASSIFICATION ACT AND SUCH PAYMENTS ARE, THEREFORE, IN ADDITION, AND NOT SUBJECT, TO ANY LIMITATION IN THE CLASSIFICATION ACT, AND I FIND NO OTHER LIMITATION APPLICABLE THERETO.

SPECIFICALLY ANSWERING THE QUESTION PRESENTED, IT MAY BE STATED THAT SO LONG AS THE AGGREGATE PAYMENTS UNDER EACH APPROPRIATION DO NOT EXCEED THE MAXIMUM AMOUNTS MADE AVAILABLE BY THE SEVERAL APPROPRIATION PROVISIONS THERE APPEARS NO LIMITATION APPLICABLE TO THE RATES OF COMPENSATION WHICH MAY BE FIXED AND PAID BY THE LIBRARIAN UNDER THE REFERRED-TO APPROPRIATION PROVISIONS. CF. 22 COMP. GEN. 682, AND 776.