A-67225, DECEMBER 3, 1935, 15 COMP. GEN. 473

A-67225: Dec 3, 1935

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1935: THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 1. INQUIRIES BY REPRESENTATIVES OF STATE UTILITY BOARDS HAVE BEEN MADE CONCERNING THE AUTHORITY OF THE INTERSTATE COMMERCE COMMISSION TO EMPLOY AND PAY STATE AUTHORITIES AND THEIR EMPLOYEES FOR SERVICES PERFORMED BY THEM AT THE REQUEST OF THE COMMISSION. WHERE THE EMPLOYMENT IS TEMPORARY IN CHARACTER AND CONFINED TO CERTAIN MATTERS OR TO PARTICULAR CASES. IF THE COMPTROLLER GENERAL WILL MAKE A DEFINITE RULING UPON THIS QUESTION. THE RULING WILL BE MUCH APPRECIATED BY THE COMMISSION AND WILL ASSIST IT GREATLY IN CONNECTION WITH PERFORMANCE OF THE DUTIES IMPOSED UPON IT BY THE MOTOR CARRIER ACT. WHICH IS: "* * * MEMBERS OF JOINT BOARDS WHEN ADMINISTERING THE PROVISIONS OF THIS PART SHALL RECEIVE SUCH ALLOWANCES FOR TRAVEL AND SUBSISTENCE EXPENSES AS THE COMMISSION SHALL PROVIDE. * * *.'.

A-67225, DECEMBER 3, 1935, 15 COMP. GEN. 473

HIRE OF STATE OFFICERS AND EMPLOYEES FOR FEDERAL ACTIVITIES THE MOTOR CARRIER ACT OF AUGUST 9, 1935, 49 STAT. 550, HAVING AUTHORIZED THE INTERSTATE COMMERCE COMMISSION "TO AVAIL ITSELF OF THE COOPERATION, SERVICES, RECORDS AND FACILITIES OF * * * STATE AUTHORITIES," STATE PERSONNEL MAY BE EMPLOYED IN CONNECTION WITH THESE FEDERAL ACTIVITIES, AND NEITHER THE CIVIL SERVICE ACT NOR THE CLASSIFICATION ACT WOULD BE APPLICABLE TO SUCH EMPLOYMENT, BUT REIMBURSEMENT FOR SERVICES RENDERED BY A STATE UNDER THIS STATUTORY AUTHORITY SHOULD BE MADE DIRECTLY TO, AND UPON ITEMIZED ACCOUNTS PRESENTED BY THE STATE AUTHORITIES, AND ITEMS FOR SALARIES OF STATE PERSONNEL SHOULD NOT EXCEED SALARY RATES PAID BY THE STATE.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, DECEMBER 3, 1935:

THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 1, 1935, AS FOLLOWS:

SINCE THE PASSAGE OF THE MOTOR CARRIER ACT, APPROVED AUGUST 9, 1935, INQUIRIES BY REPRESENTATIVES OF STATE UTILITY BOARDS HAVE BEEN MADE CONCERNING THE AUTHORITY OF THE INTERSTATE COMMERCE COMMISSION TO EMPLOY AND PAY STATE AUTHORITIES AND THEIR EMPLOYEES FOR SERVICES PERFORMED BY THEM AT THE REQUEST OF THE COMMISSION, FOR THE PURPOSE OF ASSISTING THE COMMISSION IN CONNECTION WITH THE PERFORMANCE OF DUTIES IMPOSED UPON IT BY THAT ACT, WHERE THE EMPLOYMENT IS TEMPORARY IN CHARACTER AND CONFINED TO CERTAIN MATTERS OR TO PARTICULAR CASES.

IF THE COMPTROLLER GENERAL WILL MAKE A DEFINITE RULING UPON THIS QUESTION, THE RULING WILL BE MUCH APPRECIATED BY THE COMMISSION AND WILL ASSIST IT GREATLY IN CONNECTION WITH PERFORMANCE OF THE DUTIES IMPOSED UPON IT BY THE MOTOR CARRIER ACT. IN THIS CONNECTION I CALL ATTENTION TO A SENTENCE CONTAINED IN SUBDIVISION (C) OF PARAGRAPH 205 OF THE ACT, WHICH IS:

"* * * MEMBERS OF JOINT BOARDS WHEN ADMINISTERING THE PROVISIONS OF THIS PART SHALL RECEIVE SUCH ALLOWANCES FOR TRAVEL AND SUBSISTENCE EXPENSES AS THE COMMISSION SHALL PROVIDE. * * *.'

I ALSO CALL ATTENTION TO PARAGRAPH (K) OF SAID SECTION, THE FULL TEXT OF WHICH IS:

"THE COMMISSION IS AUTHORIZED TO EMPLOY AND TO FIX THE COMPENSATION OF SUCH EXPERTS, ASSISTANTS, SPECIAL AGENTS, EXAMINERS, ATTORNEYS, AND OTHER EMPLOYEES AS IN ITS JUDGMENT MAY BE NECESSARY OR ADVISABLE FOR THE CONVENIENCE OF THE PUBLIC AND FOR THE EFFECTIVE ADMINISTRATION OF THIS PART.'

IN THIS CONNECTION PLEASE BEAR IN MIND THE DIFFICULTY WHICH MAY BE EXPERIENCED IN EMPLOYING AND PAYING STATE AUTHORITIES AND THEIR EMPLOYEES FOR WORK TO BE DONE AT THE REQUEST OF THE COMMISSION UNDER THE MOTOR CARRIER ACT, ON ACCOUNT OF THE APPLICATION THERETO OF THE CIVIL SERVICE LAW.

THE GENERAL RULE IS THAT EMPLOYMENT OF STATE PERSONNEL IN FEDERAL OFFICES OR POSITIONS IS PROHIBITED BY EXECUTIVE ORDER DATED JANUARY 17, 1873, 25 COMP. DEC. 234; 11 COMP. GEN. 22. WHERE A FEDERAL STATUTE SPECIFICALLY AUTHORIZES THE EMPLOYMENT OF STATE PERSONNEL IN CONNECTION WITH FEDERAL ACTIVITIES, THE GENERAL RULE IS NOT APPLICABLE. 14 COMP. GEN. 243.

SECTION 205 (G) OF THE MOTOR CARRIER ACT, 1935, DATED AUGUST 9, 1935, 49 STAT. 550, SPECIFICALLY PROVIDED AS FOLLOWS:

* * * THE COMMISSION IS ALSO AUTHORIZED TO AVAIL ITSELF OF THE COOPERATION, SERVICES, RECORDS, AND FACILITIES OF SUCH STATE AUTHORITIES AS FULLY AS MAY BE PRACTICABLE, IN THE ENFORCEMENT OR ADMINISTRATION OF ANY PROVISION OF THIS PART. * * *

REIMBURSEMENT FOR SERVICES RENDERED THE INTERSTATE COMMERCE COMMISSION BY A STATE UNDER THIS STATUTORY AUTHORITY SHOULD BE MADE DIRECTLY TO, AND UPON ITEMIZED ACCOUNTS PRESENTED BY, THE STATE AUTHORITIES, AND ITEMS FOR SALARIES OF STATE PERSONNEL SHOULD NOT EXCEED THE REGULAR SALARY RATES PAID BY THE STATE. THE EMPLOYMENT OF STATE PERSONNEL IS AS SUCH AND IN SUCH CAPACITY, AND NEITHER THE CIVIL SERVICE ACT NOR THE CLASSIFICATION ACT WOULD BE APPLICABLE TO SUCH EMPLOYMENT OF THE STATE PERSONNEL.