B-113533, FEBRUARY 2, 1953, 32 COMP. GEN. 347

B-113533: Feb 2, 1953

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IN CONNECTION WITH PRELIMINARY INVESTIGATIONS OF UNITED STATES CITIZENS EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT BY THE UNITED NATIONS OR OTHER PUBLIC INTERNATIONAL ORGANIZATIONS OF WHICH THE UNITED STATES GOVERNMENT IS A MEMBER. 1953: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23. WHICH PROVIDE THAT THE CIVIL SERVICE COMMISSION SHALL CONDUCT PRELIMINARY INVESTIGATIONS IN CONNECTION WITH UNITED STATES CITIZENS EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT BY THE UNITED NATIONS OR OTHER PUBLIC INTERNATIONAL ORGANIZATIONS OF WHICH THE UNITED STATES GOVERNMENT IS A MEMBER. IT IS INCUMBENT UPON THE COMMISSION TO PROCEED WITH THE MAKING OF SUCH INVESTIGATIONS AT THE EARLIEST POSSIBLE DATE. THERE IS NOTHING CONTAINED IN THE APPROPRIATION FOR " SALARIES AND EXPENSES" TO DEFINE OR LIMIT THE SCOPE AND TYPE OF "INVESTIGATIONS" COMPREHENDED BY THE USE OF SUCH TERM.

B-113533, FEBRUARY 2, 1953, 32 COMP. GEN. 347

APPROPRIATIONS - AVAILABILITY - LOYALTY INVESTIGATIONS - UNITED NATIONS, ETC., PERSONNEL THE EXPENSES OF THE ADDITIONAL INVESTIGATIVE DUTIES IMPOSED ON THE CIVIL SERVICE COMMISSION BY EXECUTIVE ORDER NO. 10422, JANUARY 9, 1953, IN CONNECTION WITH PRELIMINARY INVESTIGATIONS OF UNITED STATES CITIZENS EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT BY THE UNITED NATIONS OR OTHER PUBLIC INTERNATIONAL ORGANIZATIONS OF WHICH THE UNITED STATES GOVERNMENT IS A MEMBER, MAY BE PAID FROM THE CURRENT APPROPRIATION FOR "SALARIES AND EXPENSES" OF THE COMMISSION.

ACTING COMPTROLLER GENERAL YATES TO THE ACTING CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, FEBRUARY 2, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1953, WITH ENCLOSURE, RELATIVE TO THE PROVISIONS OF EXECUTIVE ORDER NO. 10422, DATED JANUARY 9, 1953, 18 FEDERAL REGISTER 239, WHICH PROVIDE THAT THE CIVIL SERVICE COMMISSION SHALL CONDUCT PRELIMINARY INVESTIGATIONS IN CONNECTION WITH UNITED STATES CITIZENS EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT BY THE UNITED NATIONS OR OTHER PUBLIC INTERNATIONAL ORGANIZATIONS OF WHICH THE UNITED STATES GOVERNMENT IS A MEMBER.

YOU STATE THAT, WHILE A RECOMMENDATION FOR AN APPROPRIATION OF FUNDS TO FINANCE THE COSTS OF IMPLEMENTING THE EXECUTIVE ORDER HAS BEEN FORWARDED TO THE CONGRESS ( HOUSE DOCUMENT NO. 66, 83D CONGRESS, ST SESSION), IT IS INCUMBENT UPON THE COMMISSION TO PROCEED WITH THE MAKING OF SUCH INVESTIGATIONS AT THE EARLIEST POSSIBLE DATE. ACCORDINGLY, YOU REQUEST A DECISION AS TO WHETHER THE COSTS OF SUCH INVESTIGATIONS MAY BE DEFRAYED FROM THE APPROPRIATION FOR THE COMMISSION FOR " SALARIES AND EXPENSES" CONTAINED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1953, APPROVED JULY 5, 1952, 66 STAT. 397, IN PERTINENT PART, AS FOLLOWS:

SALARIES AND EXPENSES: FOR NECESSARY EXPENSES, * * * AND EXPENSES OF EXAMINATIONS AND INVESTIGATIONS HELD IN WASHINGTON AND ELSEWHERE; * * *

WHILE NO APPROPRIATION HAS BEEN MADE FOR THE SPECIFIC PURPOSE OF CARRYING OUT THE PROVISIONS OF THE EXECUTIVE ORDER, SAID EXECUTIVE ORDER DOES IMPOSE ADDITIONAL INVESTIGATIVE DUTIES ON THE COMMISSION. MOREOVER, THERE IS NOTHING CONTAINED IN THE APPROPRIATION FOR " SALARIES AND EXPENSES" TO DEFINE OR LIMIT THE SCOPE AND TYPE OF "INVESTIGATIONS" COMPREHENDED BY THE USE OF SUCH TERM. PERTINENT DECISIONS OF THIS OFFICE HOLD THAT EXISTING APPROPRIATIONS OF DEPARTMENTS OR AGENCIES ARE AVAILABLE TO DEFRAY THE EXPENSES OF ADDITIONAL DUTIES IMPOSED UPON THEM BY PROPER LEGAL AUTHORITY. 30 COMP. GEN. 258; 15 ID. 167. ALSO, SEE 30 COMP. GEN. 205. HENCE, IF IT BE ADMINISTRATIVELY DETERMINED NECESSARY TO UNDERTAKE IMMEDIATELY THE PROGRAM OF INVESTIGATIONS REQUIRED BY THE SAID EXECUTIVE ORDER, THE NECESSARY EXPENSES INCIDENT THERETO MAY BE DEFRAYED FROM THE CURRENT APPROPRIATION OF THE COMMISSION FOR SALARIES AND EXPENSES.