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B-199522 1 (1981-03-02)

handle is hein.gao/gaobabjde0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 2OW B-199522 March 2, 1981 The Honorable William D. Ford, Chairm Committee on Post Office and Civil Se House of Representatives Dear Mr. Chairman: an . rvice On February 5, 1981, you asked for our views as to whether the current Continuing Resolution which establishes a pay cap would have to be amended for congressional S~cngrssinalapproval of the President's pay recommendation o take immediate effect. The answer is no on the basis that approval of salary increases would, absent any compelling legislative history to the contrary, operate as a repeal of the continuing appropriation pay limitations. In brief this answer is based on four propositions. 1. The statute under which congressional approval of presidential pay recommendations would occur provides that upon proper approval all prior inconsistent provisions of law are to be con- sidered modified, superseded or rendered inapplicable. 2. Limitations on pay contained in appropriation acts have consistently been construed as pay rescissions for all those affected rather than as accounts due but not payable for lack of available funds. 3. Congressional approval of pay raises would be inconsistent with any prior law limiting pay below the level approved. 4. On the basis of the inconsistency, prior pay limitations thus would be inoperative. A detailed explanation of these propositions follows. Under section 225 of the Postal Revenue and Federal Salary Act of 1967, Pub. L. 90-206, Dec. 16, 1967, as amended by sec. 401, Pub. L. 95-19, Apr. 12, 1977, 2 U.S.C. 351-361, the President's recommendations for raises in Legislative, Judicial and Executive pay become effective at the beginning of the first pay period which begins after the thirtieth day &s '7 r'/ • ..4. .1 .

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