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B-213786 1 (1984-05-18)

handle is hein.gao/gaobadlsc0001 and id is 1 raw text is: THE COMPYKOLLEN SNESAL OECISION O Op THE UNITO STATES ~ WASHINGTON. 0.0. 20646 L B-213786 oATE: May 18, 1984& MATTER OF: Director of the Institute of Museum Services - Compensation Rate DI EST: Section 205 of Public Law 94-462, 20 U.S.C. S 964 (1982), provides that the Director, Institute of Museum Services, will be compensated at the rate provided for Executive Level V positions. However, each Appropriation Act funding the Institute since it was created in 1976 has prohibited the use of its funds to compensate Executive Level V or higher positions. We hold that the appropria- tions restriction does not apply to the Institute Director's position. Statutes in apparent conflict are to be harmonized whenever possible. Executive Level V positions are only those listed in 5 U.S.C. S 5316 or established by the President under 5 U.S.C. S 5317. Since the Institute Director's position is on neither list, it is not an Executive Level V position and the statutes are deemed harmonious. Therefore, the Director may be paid at rate of $63,800 annually, effective December 17, 1982, and $66,400 annually, effective in January 1984. This decision is in response to a letter dated November 17, 1983, from Donald J. Devine, Director, Office of Personnel Management (OPM), concerning the rate of compensation which may be paid to 'the Director of the Institute of Museum Services in view of a conflict between the agency's enabling legislation and its appropriations restriction. We hold that the Director of the Institute is entitled to a rate of pay equal to the rate authorized for Level V of the Executive Schedule, for the following reasons. BACKGROUND In 1976, the Museum Services Act (Title II of Public Law 94-462, October 8, 1976, 90 Stat. 1971, 1975), oQ4w- -

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