B-115113, MAY 26, 1953, 32 COMP. GEN. 534

B-115113: May 26, 1953

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THE COST OF FURNISHING THE SERVICES OF SUCH MEMBERS IS A NECESSARY EXPENSE OF THE FURNISHING AGENCIES AND CHARGEABLE TO THE APPLICABLE APPROPRIATIONS OF THOSE AGENCIES. 953: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. THE PRESIDENT'S LETTER ADDRESSED TO THE HEADS OF ALL DEPARTMENTS AND AGENCIES AND SECTION 8 OF THE SAMPLE SECURITY REGULATIONS WHICH ACCOMPANIED THE EXECUTIVE ORDER PROVIDE FOR THE ESTABLISHMENT BY THE COMMISSION OF ROSTERS OF COMPETENT AND DISINTERESTED GOVERNMENT EMPLOYEES FROM WHICH AGENCIES WILL SELECT EMPLOYEES OF OTHER AGENCIES TO SERVE AS MEMBERS OF SECURITY HEARING BOARDS. YOU QUESTION THE PROPRIETY OF CHARGING THE APPROPRIATIONS OF THE AGENCIES FURNISHING THE HEARING BOARD MEMBERS FOR THE TIME SUCH EMPLOYEES ARE PERFORMING SERVICES FOR OTHER AGENCIES.

B-115113, MAY 26, 1953, 32 COMP. GEN. 534

APPROPRIATIONS - REIMBURSEMENT - AGENCIES FURNISHING SECURITY HEARING BOARD MEMBERS TO OTHER AGENCIES UNDER THE ACT OF AUGUST 26, 1950, AS IMPLEMENTED BY EXECUTIVE ORDER NO. 10450, WHICH REQUIRES ALL DEPARTMENTS AND AGENCIES TO FURNISH EMPLOYEES TO SERVE AS MEMBERS OF SECURITY HEARING BOARDS, THE COST OF FURNISHING THE SERVICES OF SUCH MEMBERS IS A NECESSARY EXPENSE OF THE FURNISHING AGENCIES AND CHARGEABLE TO THE APPLICABLE APPROPRIATIONS OF THOSE AGENCIES, EVEN THOUGH THE EMPLOYEES SERVE ON BOARDS OF OTHER AGENCIES.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, MAY 26, 953:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1953, REQUESTING A DECISION ON CERTAIN QUESTIONS ARISING IN THE COMMISSION'S IMPLEMENTATION OF ITS RESPONSIBILITIES UNDER EXECUTIVE ORDER NO. 10450, DATED APRIL 27, 1953, ENTITLED " SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT.'

THE PRESIDENT'S LETTER ADDRESSED TO THE HEADS OF ALL DEPARTMENTS AND AGENCIES AND SECTION 8 OF THE SAMPLE SECURITY REGULATIONS WHICH ACCOMPANIED THE EXECUTIVE ORDER PROVIDE FOR THE ESTABLISHMENT BY THE COMMISSION OF ROSTERS OF COMPETENT AND DISINTERESTED GOVERNMENT EMPLOYEES FROM WHICH AGENCIES WILL SELECT EMPLOYEES OF OTHER AGENCIES TO SERVE AS MEMBERS OF SECURITY HEARING BOARDS. THE PRESIDENT'S LETTER ALSO REQUESTS THE HEAD OF EACH DEPARTMENT AND AGENCY TO DESIGNATE, AS REQUESTED BY THE COMMISSION, COMPETENT EMPLOYEES TO BE AVAILABLE FOR SERVING AS MEMBERS OF SECURITY HEARING BOARDS OF OTHER DEPARTMENTS AND AGENCIES. YOU QUESTION THE PROPRIETY OF CHARGING THE APPROPRIATIONS OF THE AGENCIES FURNISHING THE HEARING BOARD MEMBERS FOR THE TIME SUCH EMPLOYEES ARE PERFORMING SERVICES FOR OTHER AGENCIES, AND YOU PROPOSE THAT THE SALARY, AND THE PER DIEM AND TRAVEL COSTS, IF ANY, BE PAID ORIGINALLY BY THE AGENCY WHEREIN THE SECURITY BOARD MEMBERS ARE EMPLOYED AND THAT THE AMOUNT THEREOF BE BILLED TO THE AGENCY FOR WHICH THE HEARING IS HELD.

THAT PROPOSAL INVOLVES TWO QUESTIONS: NAMELY, (1) WHETHER THE APPROPRIATIONS OF THE AGENCIES WHEREIN THE MEMBERS ARE EMPLOYED ARE AVAILABLE IN THE FIRST INSTANCE FOR PAYMENT OF THE SALARIES AND OTHER EXPENSES OF THEIR RESPECTIVE EMPLOYEES WHILE SERVING AS MEMBERS OF A SECURITY HEARING BOARD IN OTHER AGENCIES AND, IF SO, (2) WHETHER THE FORMER AGENCIES MAY BE REIMBURSED FOR SUCH COSTS.

SECTION 1 OF THE EXECUTIVE ORDER EXTENDS THE PROVISIONS OF THE ACT OF AUGUST 26, 1950, PUBLIC LAW 733, 64 STAT. 476, TO ALL DEPARTMENTS AND AGENCIES OF THE GOVERNMENT AS AUTHORIZED BY SECTION 3 OF THAT ACT. THE SECOND PROVISO TO SECTION 1 OF THE ACT PROVIDES AS FOLLOWS:

* * * PROVIDED FURTHER, THAT ANY EMPLOYEE HAVING A PERMANENT OR INDEFINITE APPOINTMENT, AND HAVING COMPLETED HIS PROBATIONARY OR TRIAL PERIOD, WHO IS A CITIZEN OF THE UNITED STATES WHOSE EMPLOYMENT IS SUSPENDED UNDER THE AUTHORITY OF THIS ACT, SHALL BE GIVEN AFTER HIS SUSPENSION AND BEFORE HIS EMPLOYMENT IS TERMINATED UNDER THE AUTHORITY OF THIS ACT * * * (3) A HEARING, AT THE EMPLOYEE'S REQUEST, BY A DULY CONSTITUTED AGENCY AUTHORITY FOR THIS PURPOSE; * * *. (ITALICS SUPPLIED.)

THAT PROVISION OF LAW UNDOUBTEDLY PLACES UPON ALL DEPARTMENTS AND AGENCIES TO WHOM IT APPLIES A DUTY TO ESTABLISH A "DULY CONSTITUTED AGENCY AUTHORITY" TO CONDUCT THE HEARING REFERRED TO THEREIN. A SECURITY HEARING BOARD ESTABLISHED IN ACCORDANCE WITH THE PROCEDURE PROVIDED IN THE PRESIDENT'S LETTER AND SAMPLE REGULATIONS WOULD APPEAR TO CONSTITUTE A "DULY CONSTITUTED AGENCY AUTHORITY FOR THIS PURPOSE" AS THAT TERM IS USED IN THE ABOVE-QUOTED PROVISION OF LAW. HENCE, SINCE THE ACT OF AUGUST 26, 1950, AS THUS IMPLEMENTED, REQUIRES ALL DEPARTMENTS AND AGENCIES TO FURNISH EMPLOYEES TO SERVE AS MEMBERS OF SECURITY HEARING BOARDS OF OTHER DEPARTMENTS AND AGENCIES, THE COST OF FURNISHING THE EMPLOYEES IS A NECESSARY EXPENSE OF THE AGENCIES FURNISHING THE EMPLOYEES AND THE APPLICABLE APPROPRIATIONS OF SUCH AGENCIES MAY BE CONSIDERED AVAILABLE FOR THE NECESSARY EXPENSES OF THEIR EMPLOYEES EVEN THOUGH SUCH EMPLOYEES ARE SERVING ON BOARDS IN OTHER AGENCIES.

HOWEVER, SUCH SERVICES ARE NOT WITHIN THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, AS AMENDED, 31 U.S.C. 686--- AUTHORIZING REIMBURSEMENT FOR SERVICES PERFORMED FOR OTHER AGENCIES--- NOR HAS THERE BEEN FOUND ANY OTHER STATUTORY AUTHORITY FOR REIMBURSING THE APPROPRIATIONS CHARGED FROM THE APPROPRIATIONS OF THE AGENCIES FOR WHICH THE HEARINGS ARE HELD.

ACCORDINGLY, INSOFAR AS YOUR PROPOSAL PROVIDES FOR REIMBURSEMENT BY THE AGENCIES WHEREIN THE SECURITY HEARING BOARDS ARE ESTABLISHED, IT MUST BE DISAPPROVED.