A-80519, SEPTEMBER 21, 1936, 16 COMP. GEN. 286

A-80519: Sep 21, 1936

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THERE IS NO OBJECTION TO THE LOAN OF THE SERVICES OF AN EMPLOYEE TEMPORARILY TO A SENATE COMMITTEE. 1936: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 9. FOR THE LOAN OF ONE OF OUR EMPLOYEES WHOSE SALARY IS PAID FROM THE APPROPRIATION "SPECIAL INVESTIGATION. IT IS RESPECTFULLY REQUESTED THAT THIS OFFICE BE FURNISHED WITH YOUR OPINION IN THE MATTER AT YOUR EARLIEST CONVENIENCE. IN WHICH WAS MADE THE ORIGINAL APPROPRIATION FOR THE SPECIAL INVESTIGATION OF THE TELEPHONE COMPANIES BY THE FEDERAL COMMUNICATIONS COMMISSION NOR IN THE DEFICIENCY APPROPRIATION ACT OF JUNE 22. IS THERE ANY SPECIFIC PROHIBITION AGAINST THE USE OF THE APPROPRIATION FOR THE PAYMENT OF THE SALARY AND EXPENSES OF ANY PERSON NOT ENGAGED DIRECTLY ON THE WORK OF THAT INVESTIGATION.

A-80519, SEPTEMBER 21, 1936, 16 COMP. GEN. 286

OFFICERS AND EMPLOYEES - DETAILS TO CONGRESSIONAL COMMITTEES NO SPECIFIC PROHIBITION APPEARING IN THE APPROPRIATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION AGAINST THE USE OF SAID FUNDS FOR PAYMENT OF THE SALARY AND EXPENSES OF ANY PERSON NOT ENGAGED DIRECTLY ON THE WORK OF SAID COMMISSION, THERE IS NO OBJECTION TO THE LOAN OF THE SERVICES OF AN EMPLOYEE TEMPORARILY TO A SENATE COMMITTEE, UNDER A SENATE RESOLUTION AUTHORIZING THE USE OF ,CLERICAL AND OTHER ASSISTANTS" OF THE EXECUTIVE DEPARTMENTS, IF THE DETAIL CAN BE MADE WITHOUT DETRIMENT TO THE WORK OF THE COMMISSION, AND WITHOUT THE NECESSITY OF EMPLOYMENT OF ANOTHER IN HIS STEAD.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, SEPTEMBER 21, 1936:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 9, 1936, AS FOLLOWS:

A REQUEST HAS BEEN MADE ON THIS COMMISSION BY THE CHAIRMAN, SUBCOMMITTEE OF THE COMMITTEE ON EDUCATION AND LABOR UNDER S.R. 266, FOR THE LOAN OF ONE OF OUR EMPLOYEES WHOSE SALARY IS PAID FROM THE APPROPRIATION "SPECIAL INVESTIGATION, FEDERAL COMMUNICATIONS COMMISSION, 1936 AND 1937.'

THE SENATE RESOLUTION IN REFERENCE AUTHORIZES THE COMMITTEE "TO EMPLOY AND CALL UPON THE EXECUTIVE DEPARTMENTS FOR CLERICAL AND OTHER ASSISTANTS.' IN VIEW OF THE FACT, HOWEVER, THAT PUBLIC, NO. 8, 74TH CONGRESS, AND THAT PART OF PUBLIC, NO. 739, 74TH CONGRESS, HAVING REFERENCE TO THE FEDERAL COMMUNICATIONS COMMISSION, SPECIFICALLY LIMITS THE EXPENDITURE OF THE FUNDS MADE AVAILABLE THEREBY TO THE PURPOSE OF THE INVESTIGATION, THERE APPEARS TO BE SOME QUESTION AS TO THE ASSIGNMENT OF THE EMPLOYEE AS REQUESTED.

IT IS RESPECTFULLY REQUESTED THAT THIS OFFICE BE FURNISHED WITH YOUR OPINION IN THE MATTER AT YOUR EARLIEST CONVENIENCE.

NEITHER IN THE JOINT RESOLUTION OF MARCH 15, 1935, 49 STAT. 43, IN WHICH WAS MADE THE ORIGINAL APPROPRIATION FOR THE SPECIAL INVESTIGATION OF THE TELEPHONE COMPANIES BY THE FEDERAL COMMUNICATIONS COMMISSION NOR IN THE DEFICIENCY APPROPRIATION ACT OF JUNE 22, 1936, 49 STAT. 1597, MAKING AN ADDITIONAL APPROPRIATION FOR THAT INVESTIGATION, IS THERE ANY SPECIFIC PROHIBITION AGAINST THE USE OF THE APPROPRIATION FOR THE PAYMENT OF THE SALARY AND EXPENSES OF ANY PERSON NOT ENGAGED DIRECTLY ON THE WORK OF THAT INVESTIGATION, AS HAS BEEN THE CASE WITH RESPECT TO CERTAIN OTHER APPROPRIATIONS. ACCORDINGLY, IF THE FEDERAL COMMUNICATIONS COMMISSION NOW HAS IN ITS EMPLOY A PERSON APPOINTED FOR SERVICE IN CONNECTION WITH THE TELEPHONE INVESTIGATION AND WILL HAVE NEED FOR HIS FURTHER SERVICE ON THAT INVESTIGATION BUT CAN TEMPORARILY SPARE HIS SERVICES WITHOUT THE NECESSITY OF EMPLOYING ANOTHER PERSON TO TAKE HIS PLACE, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO THE LOAN OF HIS SERVICES TEMPORARILY TO THE SENATE COMMITTEE, PARTICULARLY AS THE INVESTIGATION AUTHORIZED UNDER SENATE RESOLUTION NO. 266 WOULD SEEM TO HAVE SOME POSSIBLE RELATION TO THE TELEPHONE INVESTIGATION NOW BEING CONDUCTED BY THE FEDERAL COMMUNICATIONS COMMISSION. SEE SECTION 2 (H) OF THE JOINT RESOLUTION OF MARCH 15, 1935. OF COURSE, THE SENATE RESOLUTION DOES NOT AND COULD NOT REQUIRE THE COMMISSION TO LOAN THE SERVICES OF ANY OF ITS EMPLOYEES, REGARDLESS OF THE APPROPRIATION UNDER WHICH EMPLOYED, IF IT FEELS THEIR SERVICES CANNOT BE SPARED WITHOUT DETRIMENT TO ITS WORK.