A-15659, SEPTEMBER 28, 1926, 6 COMP. GEN. 217

A-15659: Sep 28, 1926

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ARE LOANED TO ASSIST A UNITED STATES DISTRICT ATTORNEY IN AN INVESTIGATION OF A CASE AND TO TESTIFY AS AN EXPERT WITNESS RELATIVE THERETO. THERE IS NO AUTHORITY FOR REIMBURSING THE SALARY APPROPRIATION OF THE GEOLOGICAL SURVEY FROM ANY APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE. SINCE IT DOES NOT APPEAR THAT ANY ADDITIONAL BURDEN IS INCURRED BY THE GEOLOGICAL SURVEY SALARY APPROPRIATION AS A RESULT OF SUCH ARRANGEMENT. 1926: I HAVE YOUR LETTER OF SEPTEMBER 10. DURING THE PERIOD THAT HIS SERVICES ARE LOANED TO THE DEPARTMENT OF JUSTICE. THE GENERAL RULE IN CASES WHERE ONE ESTABLISHMENT OF THE GOVERNMENT LENDS THE SERVICES OF AN EMPLOYEE TO ANOTHER IS THAT THE PAYMENT BY THE ESTABLISHMENT RECEIVING THE BENEFIT OF THE SERVICES COVERS ONLY THE EXPENSES INCURRED BY THE EMPLOYEE DURING THE PERIOD OF TIME HE IS ENGAGED IN THE WORK OF THE BORROWING ESTABLISHMENT.

A-15659, SEPTEMBER 28, 1926, 6 COMP. GEN. 217

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN WHERE THE SERVICES OF AN EMPLOYEE OF THE GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR, ARE LOANED TO ASSIST A UNITED STATES DISTRICT ATTORNEY IN AN INVESTIGATION OF A CASE AND TO TESTIFY AS AN EXPERT WITNESS RELATIVE THERETO, THERE IS NO AUTHORITY FOR REIMBURSING THE SALARY APPROPRIATION OF THE GEOLOGICAL SURVEY FROM ANY APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE, SINCE IT DOES NOT APPEAR THAT ANY ADDITIONAL BURDEN IS INCURRED BY THE GEOLOGICAL SURVEY SALARY APPROPRIATION AS A RESULT OF SUCH ARRANGEMENT.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 28, 1926:

I HAVE YOUR LETTER OF SEPTEMBER 10, 1926 (JDH 36-12-49), REQUESTING DECISION WHETHER THE APPROPRIATION "MISCELLANEOUS EXPENSES, UNITED STATES COURTS," OR ANY OTHER APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE, MAY PROPERLY BE USED TO REIMBURSE THE DEPARTMENT OF THE INTERIOR FOR THE SALARY OF MR. F. C. SCHRADER, AN EMPLOYEE OF THE GEOLOGICAL SURVEY, DURING THE PERIOD THAT HIS SERVICES ARE LOANED TO THE DEPARTMENT OF JUSTICE.

IT APPEARS THAT MR. SCHRADER HAS BEEN ASSIGNED TO ASSIST THE UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF CALIFORNIA IN AN INVESTIGATION OF CERTAIN MINING PROPERTIES OWNED BY THE IDAHO HYDRAULIC CORPORATION AND TO TESTIFY AS AN EXPERT WITNESS RELATIVE THERETO AT THE TIME OF TRIAL.

THE GENERAL RULE IN CASES WHERE ONE ESTABLISHMENT OF THE GOVERNMENT LENDS THE SERVICES OF AN EMPLOYEE TO ANOTHER IS THAT THE PAYMENT BY THE ESTABLISHMENT RECEIVING THE BENEFIT OF THE SERVICES COVERS ONLY THE EXPENSES INCURRED BY THE EMPLOYEE DURING THE PERIOD OF TIME HE IS ENGAGED IN THE WORK OF THE BORROWING ESTABLISHMENT, THE SALARY OF SUCH EMPLOYEE REMAINING A CHARGE AGAINST THE APPROPRIATION OR FUND OF THE ESTABLISHMENT LENDING THE SERVICES. SEE 5 COMP. GEN. 1036. THERE APPEARS TO BE NOTHING IN THE CIRCUMSTANCES CONNECTED WITH THE INSTANT CASE TO WARRANT EXCEPTING IT FROM THE GENERAL RULE.

THE INSTANT CASE IS TO BE DISTINGUISHED FROM THE CASES DECIDED IN 23 COMP. DEC. 242 AND 3 COMP. GEN. 974, IN THAT IN THE INSTANT CASE IT DOES NOT APPEAR THAT ANY ADDITIONAL BURDEN WILL BE INCURRED BY THE SALARY APPROPRIATION OF THE GEOLOGICAL SURVEY BECAUSE OF THE LOANING OF MR. SCHRADER'S SERVICES. ON THE CONTRARY, IT WOULD SEEM THAT A REIMBURSEMENT WOULD OPERATE TO AUGMENT THE SALARY APPROPRIATION OF THE GEOLOGICAL SURVEY. IT IS ASSUMED THAT MR. SCHRADER'S SERVICES CAN BE SPARED OR THEY WOULD NOT HAVE BEEN LOANED.

ACCORDINGLY, YOU ARE ADVISED THAT NO APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE MAY PROPERLY BE USED TO REIMBURSE THE DEPARTMENT OF THE INTERIOR FOR MR. SCHRADER'S SALARY DURING THE PERIOD THAT HIS SERVICES ARE LOANED TO THE DEPARTMENT OF JUSTICE.