Dual Compensation by FDIC for an Employee of Congress

This decision is regarding the legality of the dual compensation of a congressional staff person hired by the Federal Deposit Insurance Corporation (FDIC). The staff person, who was separated June 30, 1941, has to his credit in the retirement fund $22.22, exclusive of interest. The staff person had been paid by the House of Representatives for services as Clark to Congressman Everett M. Dirksen of Illinois, from October 14, 1939 to October 31, 1939, the amount of $51.94, and that he was also paid by the FDIC for services as examiner from October 14, 1939 to October 31, 1939, the amount of $113.33.

In view of the absence of any appropriation for the payment of salaeries of the Federal Deposit Insurance Corporation, and in the light of the statute in pari usteris showing that similar assessments against national banks for examinations are not to be regarded as "appropriated monies," it may be concluded that the salary of the staff person as an employee of the Federal Deposit Insurance Corporation was not paid from "money appropriated" and, therefore, that the dual compensation act of 1916, supra, has no application to this case. In view of the above disposition of the case, it is unnecessary in this decision to determine what authority, if any, the Federal Deposit Insurance Corporation has under the provisions of section 12B of the Federal Reserve Act to employ a person who is on the rolls of the Congress in a pay statute. In the absence of other objection, GAO authorized the United States Civil Service Commission to refund the staff person the amount to his credit in the retirement fund.