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B-208333 1 (1982-08-31)

handle is hein.gao/gaobadkoy0001 and id is 1 raw text is: THL COMPTROLLWF4 mINERAL OF THE UNITED STATUS WAJH INUTON,0 D, ,0540 B-208333 DATE: August 31, 1982 MATTER C DIGEST: Copyright Royalty Tribunal--Commissioners' Pay During Funding Cap Upon passage of a supplemental appropriation, Comraiasioners of the Copyright Royalty Tribunal may be paid for the interim where the agency was without sufficient funds to pay them. UP-der 17 U.SC, 8 802, the Commissioners are presidential appointees. They are also exempt from the provisions of the Annual and Sick Leave Act, 5 U.S.C. 1 6301at, seq. As such, they are entitled to compensation simply by virtue of their status as officers, regardless of the availability of funds. In other words, for the purposes of the Antideficiency Act, the Tribunal is authorized by law to incur Com- miisnioners' salary expenses even in the absence of avallcble adequate appropriatious to liquidate the obligation, The Chairman of the Copyright Royalty Tribunal asks whether in the described eircumstances, the Commissioners can be retro- actively compensated for any period of time during which they worked without pay. The Tribunal will exhaust its fiscal year 1982 appropriations by mid-August 1982. The Congress is currently considering a supple- mental appropriation bill (II.R. 6863, 97th Cong., 2d Sass.), which, if enacted In its present form, will provide for the Tribunal's expenses, including Commissioners' salaries, for the remainder of the fiscal year. However, the Tribunal is concerned that this bill may not be enacted before the Tribunal exhausts its funds. The Chairman states t-at the Commissioners will continue Ln office in accordance with their commissions of office even In the absence of fundr. Howev.er, she requests our decision as to whether thcy may be paid retroactively if the Congress provides sufficient funds to do so. For the reasons discussed below, we conclude that payment to the Commissioners is authorized by law. j~ K'-': 0 11 41 .1 . FILE: OF: ,0 p t I z J

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