A-62733, JULY 15, 1935, 15 COMP. GEN. 32

A-62733: Jul 15, 1935

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THE LOAN OF EMPLOYEES BETWEEN SUCH AGENCIES WILL BE REGARDED AS AN ACCOMMODATION ONLY FOR WHICH NO REIMBURSEMENT OR TRANSFER OF APPROPRIATIONS WILL BE MADE FOR SALARIES. 1935: THERE WAS RECEIVED YOUR LETTER OF JUNE 7. THIS ADJUSTMENT IS INTENDED TO CREDIT APPROPRIATION 0-05678.2 PUBLIC WORKS ADMINISTRATION ALLOTTED TO NATIONAL RESOURCES BOARD 1935 (JUNE 16. THIS VOUCHER AND ADJUSTMENT IS SUBMITTED TO YOUR OFFICE FOR PREAUDIT IN VIEW OF THE FACT THAT THE RURAL ELECTRIFICATION ADMINISTRATION WAS NOT ESTABLISHED UNTIL MAY 15. IT IS THE BELIEF OF THIS OFFICE THAT THE ENCLOSED VOUCHER CANNOT BE PLACED IN LINE FOR PAYMENT. AS THE CHARGES ARE FOR A PERIOD PRIOR TO THE ESTABLISHMENT OF THIS ADMINISTRATION.

A-62733, JULY 15, 1935, 15 COMP. GEN. 32

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN - LOAN OF EMPLOYEES THERE EXISTS NO GENERAL OR SPECIFIC STATUTORY AUTHORITY FOR CHARGING THE APPROPRIATION AUTHORIZED FOR ONE FEDERAL AGENCY WITH THE COST OF PERSONAL SERVICES OF EMPLOYEES OF ANOTHER FEDERAL AGENCY RENDERED PRIOR TO THE CREATION OF THE FIRST AGENCY. IN THE ABSENCE OF A WRITTEN AGREEMENT IN ADVANCE BETWEEN TWO FEDERAL AGENCIES OPERATING UNDER SEPARATE APPROPRIATIONS, THE LOAN OF EMPLOYEES BETWEEN SUCH AGENCIES WILL BE REGARDED AS AN ACCOMMODATION ONLY FOR WHICH NO REIMBURSEMENT OR TRANSFER OF APPROPRIATIONS WILL BE MADE FOR SALARIES.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, RURAL ELECTRIFICATION ADMINISTRATION, JULY 15, 1935:

THERE WAS RECEIVED YOUR LETTER OF JUNE 7, 1935, AS FOLLOWS:

ENCLOSED HEREWITH SCHEDULE OF ADJUSTMENTS AND VOUCHER COVERING SALARIES FOR EMPLOYEES OF A NATIONAL RESOURCES BOARD DURING THE PERIOD MAY 2 TO 15, 1935, IN A TOTAL AMOUNT OF $544.44.

THIS ADJUSTMENT IS INTENDED TO CREDIT APPROPRIATION 0-05678.2 PUBLIC WORKS ADMINISTRATION ALLOTTED TO NATIONAL RESOURCES BOARD 1935 (JUNE 16, 1935) AND TO DEBIT APPROPRIATION 003001 EMERGENCY RELIEF RURAL ELECTRIFICATION ADMINISTRATION, ADMINISTRATIVE EXPENSES 1935-37.

THIS VOUCHER AND ADJUSTMENT IS SUBMITTED TO YOUR OFFICE FOR PREAUDIT IN VIEW OF THE FACT THAT THE RURAL ELECTRIFICATION ADMINISTRATION WAS NOT ESTABLISHED UNTIL MAY 15, 1935. THEREFORE, IT IS THE BELIEF OF THIS OFFICE THAT THE ENCLOSED VOUCHER CANNOT BE PLACED IN LINE FOR PAYMENT, AS THE CHARGES ARE FOR A PERIOD PRIOR TO THE ESTABLISHMENT OF THIS ADMINISTRATION.

THE SCHEDULE OF ADJUSTMENTS REFERRED TO IN THIS LETTER REQUESTS THE AMOUNT OF $544.44 BE CHARGED TO THE APPROPRIATION ACCOUNT "EMERGENCY RELIEF, RURAL ELECTRIFICATION ADMINISTRATION, 1935-37" AND CREDIT THE APPROPRIATION ACCOUNT "PUBLIC WORKS ADMINISTRATION TO NATIONAL RESOURCES BOARD, 1935 (JUNE 16, 1935)" TO REIMBURSE THE NATIONAL RESOURCES BOARD FOR SERVICES PERFORMED FOR THE RURAL ELECTRIFICATION ADMINISTRATION FROM MAY 2 TO MAY 15, 1935, BY THE FOLLOWING PERSONS:

PERRY R. TAYLOR ------------------------------------- $175.00

SEVERIN P. LANGHOFF, JR ----------------------------- 101.11

WILLARD E. HERRING ---------------------------------- 233.33

FRANCES MASSEY -------------------------------------- 45.00

THE CHAIRMAN OF THE NATIONAL RESOURCES BOARD REPORTS UNDER DATE OF JULY 1, 1935, IN RESPONSE TO OFFICE LETTER OF JUNE 15, 1935, AS FOLLOWS:

WITH REFERENCE TO OUR ADJUSTMENT VOUCHER NR-8, AMOUNT $544.44, AGAINST THE RURAL ELECTRIFICATION ADMINISTRATION, WHICH YOU QUESTION IN YOUR LETTER OF JUNE 15, NO. A-62733:

WHILE IT IS TRUE THAT THE RURAL ELECTRIFICATION ADMINISTRATION WAS NOT ESTABLISHED BY EXECUTIVE ORDER UNTIL MAY 11, 1935, THE BUILDING UP OF THE ORGANIZATION COMMENCED PRIOR TO THAT DATE, AND IT WAS IN CONNECTION WITH SUCH PRELIMINARY ACTIVITIES THAT THE NATIONAL RESOURCES BOARD WAS REQUESTED TO LOAN THE SERVICES OF THESE FOUR PERSONS, WHO WERE THEN ON THE PAY ROLL OF THE NATIONAL RESOURCES BOARD, IT BEING UNDERSTOOD AT THE TIME THAT SUCH PERSONS WOULD BE TRANSFERRED TO THE RURAL ELECTRIFICATION ADMINISTRATION AFTER THE OFFICIAL ESTABLISHMENT OF THAT ORGANIZATION, AND THAT THIS BOARD WOULD BE REIMBURSED FOR SERVICES PERFORMED PRIOR TO THE TRANSFER.

THE WHOLE PURPOSE OF THE ARRANGEMENT INDICATED WAS TO ASSIST THE RURAL ELECTRIFICATION ADMINISTRATION IN WORKING OUT ORGANIZATION PLANS TO THE END THAT IT WOULD BE READY TO FUNCTION EFFECTIVELY AND EFFICIENTLY WHEN ESTABLISHED.

IN DECISION OF MARCH 2, 1934, 13 COMP. GEN. 234, IT WAS HELD, QUOTING FROM THE SYLLABUS:

PURSUANT TO THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, TWO DEPARTMENTS OR OFFICES OF THE GOVERNMENT OPERATING UNDER SEPARATE APPROPRIATIONS MAY ENTER INTO AN AGREEMENT FOR PURELY PERSONAL SERVICES BY THE PERSONNEL OF ONE DEPARTMENT OR OFFICE FOR THE PERFORMANCE OF THE WORK OF THE OTHER, FOR WHICH REIMBURSEMENT OR TRANSFER OF APPROPRIATIONS MAY BE MADE NOT TO EXCEED THE REGULAR SALARY AND AUTHORIZED EXPENSES, IF ANY, OF THE PERSONNEL LOANED COVERING THE PERIOD INVOLVED.

IN THE ABSENCE OF A WRITTEN ORDER OR AGREEMENT IN ADVANCE PROVIDING FOR INTERDEPARTMENTAL PERSONAL SERVICES, OR UNLESS THE WRITTEN ORDER OR AGREEMENT SPECIFICALLY PROVIDES FOR REIMBURSEMENT, THE LOAN OF PERSONNEL BETWEEN DEPARTMENTS OR OFFICES WILL BE REGARDED AS HAVING BEEN MADE AS AN ACCOMMODATION FOR WHICH NO REIMBURSEMENT OR TRANSFER OF APPROPRIATION WILL BE MADE FOR SALARIES.

NOTWITHSTANDING THE QUOTED REPORT FROM THE CHAIRMAN OF THE NATIONAL RESOURCES BOARD, THERE EXISTS NO GENERAL OR SPECIAL STATUTORY AUTHORITY FOR CHARGING THE APPROPRIATION AUTHORIZED FOR ONE FEDERAL AGENCY WITH THE COST OF PERSONAL SERVICES OF EMPLOYEES OF ANOTHER FEDERAL AGENCY RENDERED PRIOR TO THE CREATION OF THE FIRST AGENCY. FURTHERMORE, THERE COULD NOT HAVE BEEN A WRITTEN AGREEMENT COVERING THE LOAN OF THESE EMPLOYEES AS REQUIRED BY THE CITED DECISION BETWEEN THE RURAL ELECTRIFICATION ADMINISTRATION AND THE NATIONAL RESOURCES BOARD FOR A PERIOD PRIOR TO THE CREATION OF THE FORMER, AND NO SUCH WRITTEN AGREEMENT APPEARS TO HAVE BEEN ENTERED INTO AFTER THE CREATION OF THE RURAL ELECTRIFICATION ADMINISTRATION COVERING THE SERVICE OF THESE EMPLOYEES FROM MAY 11 TO 15, 1935.

YOU ARE ADVISED, THEREFORE, THAT ON THE RECORD AS PRESENTED THE APPROPRIATION ADJUSTMENT REQUESTED IS NOT AUTHORIZED.