A-22581, MAY 8, 1928, 7 COMP. GEN. 709

A-22581: May 8, 1928

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DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN THE AMOUNT CHARGEABLE TO THE FUNDS OF AN ESTABLISHMENT OF THE GOVERNMENT FOR SERVICES PERFORMED THEREFOR BY ANOTHER ESTABLISHMENT IS LIMITED TO THE ADDITIONAL EXPENSE ACTUALLY INCURRED BY REASON OF SUCH SERVICE. FUNDS WHICH ARE AVAILABLE FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS MAY BE TRANSFERRED FROM OTHER ESTABLISHMENTS TO THE GEOLOGICAL SURVEY FOR THE PURPOSE OF CARRYING ON SUCH INVESTIGATIONS WITHIN THE SCOPE OF ITS FUNCTIONS FOR SUCH OTHER ESTABLISHMENTS IF THE GEOLOGICAL SURVEY IS UNABLE TO PERFORM SUCH SERVICE WITHIN THE LIMITS OF ITS APPROPRIATIONS. IN OTHERWISE PROPER CASES IN WHICH THE GEOLOGICAL SURVEY IS ABLE TO PERFORM SUCH SERVICE WITHIN THE LIMITS OF ITS APPROPRIATIONS.

A-22581, MAY 8, 1928, 7 COMP. GEN. 709

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN THE AMOUNT CHARGEABLE TO THE FUNDS OF AN ESTABLISHMENT OF THE GOVERNMENT FOR SERVICES PERFORMED THEREFOR BY ANOTHER ESTABLISHMENT IS LIMITED TO THE ADDITIONAL EXPENSE ACTUALLY INCURRED BY REASON OF SUCH SERVICE. UNDER THE AUTHORITY OF THE PROVISIONS IN THE ACT OF JANUARY 12, 1927, 44 STAT. 962, AND SIMILAR PROVISIONS, FUNDS WHICH ARE AVAILABLE FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS MAY BE TRANSFERRED FROM OTHER ESTABLISHMENTS TO THE GEOLOGICAL SURVEY FOR THE PURPOSE OF CARRYING ON SUCH INVESTIGATIONS WITHIN THE SCOPE OF ITS FUNCTIONS FOR SUCH OTHER ESTABLISHMENTS IF THE GEOLOGICAL SURVEY IS UNABLE TO PERFORM SUCH SERVICE WITHIN THE LIMITS OF ITS APPROPRIATIONS. IN OTHERWISE PROPER CASES IN WHICH THE GEOLOGICAL SURVEY IS ABLE TO PERFORM SUCH SERVICE WITHIN THE LIMITS OF ITS APPROPRIATIONS, THE SERVICE MAY BE PERFORMED AND THE ADDITIONAL EXPENSE INCURRED PAID, IN THE FIRST INSTANCE, FROM THE PROPER APPROPRIATIONS OF THE GEOLOGICAL SURVEY AND REIMBURSEMENT CLAIMED FROM FUNDS OF THE ESTABLISHMENT FOR WHICH THE SERVICE IS RENDERED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 8, 1928:

I HAVE YOUR LETTER OF APRIL 17, 1928, REQUESTING DECISION AS TO THE STATUS OF THE GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR, WITH REFERENCE TO REPAY WORK DONE FOR OTHER ESTABLISHMENTS OF THE GOVERNMENT, IN VIEW OF THE FACT, AS STATED IN THE SUBMISSION, THAT THE REQUESTS MADE UPON THE SURVEY FOR GEOLOGICAL, HYDROLOGIC, TOPOGRAPHIC, AND OTHER WORK ARE SO NUMEROUS THAT SUCH WORK CAN NOT BE UNDERTAKEN AT THE EXPENSE OF ANY PART OF THE APPROPRIATIONS MADE FOR THE GEOLOGICAL SURVEY.

AS STATED IN THE DECISION OF SEPTEMBER 28, 1926, 6 COMP. GEN. 217, REFERRED TO BY YOU, THE GENERAL RULE IS THAT WHERE THE SERVICE OF AN EMPLOYEE OF ONE ESTABLISHMENT OF THE GOVERNMENT IS LOANED TO ANOTHER ESTABLISHMENT, THE PAYMENT BY THE ESTABLISHMENT RECEIVING THE BENEFIT OF THE SERVICE IS LIMITED TO THE ADDITIONAL EXPENSE INCURRED BY THE EMPLOYEE DURING THE PERIOD HE IS ENGAGED ON THE WORK OF THE ESTABLISHMENT TO WHICH HE IS LOANED, THE SALARY OF THE EMPLOYEE REMAINING A CHARGE AGAINST THE APPROPRIATION OF THE ESTABLISHMENT TO WHICH HE BELONGS. IN OTHER WORDS, THE ESTABLISHMENT FOR WHICH THE SERVICE IS PERFORMED IS CHARGED ONLY WITH THE ADDITIONAL EXPENSE INCIDENT TO THE SERVICE, ON THE GROUND THAT IF THE EMPLOYEE'S SALARY SHOULD BE REIMBURSED BY THE ESTABLISHMENT TO WHICH HIS SERVICES WERE LOANED, SUCH REIMBURSEMENT WOULD HAVE THE EFFECT OF AUGMENTING THE APPROPRIATION UNDER WHICH HIS SALARY WAS ORDINARILY PAID. THE BASIS OF SUCH A RULE IS THE ASSUMPTION THAT THE EMPLOYEE'S SERVICES CAN BE SPARED BY THE ESTABLISHMENT BY WHICH HE IS EMPLOYED, OTHERWISE SUCH SERVICES WOULD NOT BE LOANED. SEE ALSO 6 COMP. GEN. 81.

IN THE CASE CONSIDERED IN THE DECISION OF SEPTEMBER 28, 1926, SUPRA, THERE WAS NO SHOWING THAT ANY ADDITIONAL BURDEN WOULD BE PLACED ON THE SALARY APPROPRIATION OF THE GEOLOGICAL SURVEY, WHICH WAS THE ESTABLISHMENT LOANING THE SERVICE OF ONE OF ITS EMPLOYEES, AND, ACCORDINGLY, IT WAS DEEMED A PROPER CASE FOR THE APPLICATION OF THE GENERAL RULE HEREINBEFORE STATED.

WHERE WORK CAN BE DONE FOR ANOTHER ESTABLISHMENT ONLY BY INCREASING THE PLANT OR THE NUMBER OF EMPLOYEES OF THE ESTABLISHMENT DOING SUCH WORK, THERE IS NO AUTHORITY THEREFOR IN THE ABSENCE OF SPECIFIC LEGISLATION WITH REFERENCE THERETO. SEE SECTION 3678, REVISED STATUTES. TO TAKE CARE OF SUCH A SITUATION THE CONGRESS HAS AUTHORIZED THE TRANSFER OF FUNDS APPROPRIATED FOR ONE ESTABLISHMENT AND AVAILABLE FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS TO ANOTHER ESTABLISHMENT, THE SPECIAL FUNCTION OF WHICH IS TO CARRY ON SUCH INVESTIGATIONS, FOR THE PURPOSE OF REIMBURSING THE APPROPRIATION OF THE ESTABLISHMENT WHICH ACTUALLY CARRIES ON THE INVESTIGATIONS, FOR THE ADDITIONAL EXPENSE INCURRED IN CARRYING ON SUCH INVESTIGATIONS FOR THE ESPECIAL BENEFIT OF THE ESTABLISHMENT FROM WHICH THE FUNDS ARE TRANSFERRED.

SUCH LEGISLATIVE AUTHORITY HAS BEEN GRANTED TO TRANSFER FUNDS FROM OTHER ESTABLISHMENTS TO THE GEOLOGICAL SURVEY IN CASES WHERE THE OTHER ESTABLISHMENTS REQUIRE COOPERATIVE WORK BY THE GEOLOGICAL SURVEY. THE AUTHORITY TO MAKE SUCH TRANSFERS IS LIMITED TO INVESTIGATIONS WHICH THE GEOLOGICAL SURVEY IS UNABLE TO PERFORM WITHIN THE LIMITS OF ITS APPROPRIATION.

IT IS UNDERSTOOD FROM YOUR LETTER THAT, IN SUCH CASES, THERE WOULD BE NO ADDITIONAL EXPENSES INCURRED BY THE GEOLOGICAL SURVEY FOR SALARIES OF ADMINISTRATIVE EMPLOYEES, BUT THAT THERE WOULD BE ADDITIONAL EXPENSE INCURRED FOR THE SALARIES OF THE EMPLOYEES WHO ACTUALLY CARRY ON THE INVESTIGATIONAL WORK AS WELL AS FOR INCIDENTAL EXPENSES IN CONNECTION THEREWITH.

IN CASES IN WHICH THE ADDITIONAL EXPENSE INVOLVED IS NOT WITHIN THE LIMITS OF THE GEOLOGICAL SURVEY APPROPRIATIONS IT WOULD BE PROPER, UNDER THE AUTHORITY GIVEN IN THE ACT OF JANUARY 12, 1927, 44 STAT. 962, AND SIMILAR PROVISIONS, TO REQUEST A TRANSFER OF FUNDS PRIOR TO THE ACTUAL RENDERING OF THE SERVICE BY THE GEOLOGICAL SURVEY TO ANOTHER ESTABLISHMENT OF THE GOVERNMENT.

IN OTHER CASES, THE ADDITIONAL EXPENSE INVOLVED IN CARRYING ON AN INVESTIGATION BY THE GEOLOGICAL SURVEY IN COOPERATION WITH OR FOR THE BENEFIT OF SOME OTHER ESTABLISHMENT IS WITHIN THE LIMITS OF THE GEOLOGICAL SURVEY APPROPRIATION AND IS NOT DEFINITELY ASCERTAINABLE IN ADVANCE. SUCH CASES IT IS PROPER TO PAY THE ADDITIONAL EXPENSE FROM THE APPROPRIATION OF THE GEOLOGICAL SURVEY AVAILABLE FOR THE PARTICULAR PURPOSE AND AFTERWARD OBTAIN REIMBURSEMENT FROM THE FUNDS OF THE ESTABLISHMENT FOR WHICH THE SERVICE IS PERFORMED. IN EITHER CASE, THE AMOUNT CHARGEABLE TO THE APPROPRIATION FOR WHICH THE GEOLOGICAL SURVEY PERFORMS THE SERVICE IS LIMITED TO THE ACTUAL ADDITIONAL EXPENSE DIRECTLY CHARGEABLE TO SUCH SERVICE AND SHOULD NOT INCLUDE ANY EXPENSE WHICH WOULD HAVE BEEN INCURRED BY THE GEOLOGICAL SURVEY IF SUCH SERVICE HAD NOT BEEN PERFORMED FOR THE OTHER ESTABLISHMENT.

ACCORDINGLY, YOU ARE ADVISED THAT IF THE GEOLOGICAL SURVEY IS CALLED UPON BY SOME OTHER ESTABLISHMENT OF THE GOVERNMENT WHICH HAS FUNDS AVAILABLE FOR SCIENTIFIC AND TECHNICAL INVESTIGATIONS TO PERFORM FOR SUCH OTHER ESTABLISHMENTS A SERVICE WITHIN THE FUNCTIONS OF THE SURVEY, THE PROCEDURE TO BE FOLLOWED IN CHARGING THE FUNDS OF THE ESTABLISHMENT FOR WHICH THE SERVICE IS PERFORMED MAY BE TO MAKE A TRANSFER OF FUNDS IN ADVANCE OF THE PERFORMANCE OF THE SERVICE, OR TO MAKE PAYMENT OUT OF GEOLOGICAL SURVEY FUNDS AND THEN CLAIM REIMBURSEMENT ACCORDING AS THE AMOUNT IS OR IS NOT WITHIN THE LIMITS OF THE GEOLOGICAL SURVEY APPROPRIATIONS. IN EITHER CASE, TO SUPPORT PAYMENT FROM THE TRANSFERRED FUNDS OR REIMBURSEMENT FROM THE FUNDS OF THE OTHER ESTABLISHMENT, THERE MUST BE A DEFINITE SHOWING OF THE ADDITIONAL EXPENSES INVOLVED AND THAT THE WORK CONSISTED OF A SCIENTIFIC OR TECHNICAL INVESTIGATION.

IF THE GEOLOGICAL SURVEY IS CALLED ON TO PERFORM WORK FOR ANOTHER ESTABLISHMENT NOT INVOLVING A SCIENTIFIC OR TECHNICAL INVESTIGATION, THEN THE PROCEDURE TO BE FOLLOWED WOULD BE AS PRESCRIBED IN CIRCULAR 22 OF THIS OFFICE DATED OCTOBER 5, 1925, 5 COMP. GEN. 1047, CITING SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, SUBJECT, HOWEVER, TO THE GENERAL RULE STATED IN PARAGRAPH 2 HEREOF.