B-127060, MAR. 21, 1956

B-127060: Mar 21, 1956

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UNITED STATES CIVIL SERVICE COMMISSION: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. " IS AVAILABLE TO PAY THE TRAVEL AND SUBSISTENCE EXPENSES OF INDIVIDUALS WHO ARE ENTITLED UNDER THE EXECUTIVE ORDER TO A HEARING BEFORE THE INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD. WHEN IT IS FOUND NECESSARY OR DESIRABLE TO HOLD THE HEARING AT A DISTANCE FROM THE INDIVIDUAL'S PLACE OF EMPLOYMENT. YOU STATE IN THE LETTER THAT IN SOME INSTANCES HEARINGS MAY NOT BE HELD IN THE COUNTRY IN WHICH THE INDIVIDUAL IS EMPLOYED BY THE INTERNATIONAL ORGANIZATION. EITHER BECAUSE SUCH COUNTRY WILL NOT PERMIT LOYALTY HEARINGS TO BE HELD WITHIN ITS BORDERS. OR IT IS FOUND INADVISABLE TO HOLD HEARINGS THEREIN FOR REASONS OF NATIONAL POLICY.

B-127060, MAR. 21, 1956

TO HONORABLE PHILIP YOUNG, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1956, REQUESTING A DECISION AS TO WHETHER THE COMMISSION'S APPROPRIATION "FOR EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF EXECUTIVE ORDER NO. 10422 OF JANUARY 9, 1953, AS AMENDED," UNDER THE HEADING "INVESTIGATIONS OF UNITED STATES CITIZENS FOR EMPLOYMENT BY INTERNATIONAL ORGANIZATIONS," IS AVAILABLE TO PAY THE TRAVEL AND SUBSISTENCE EXPENSES OF INDIVIDUALS WHO ARE ENTITLED UNDER THE EXECUTIVE ORDER TO A HEARING BEFORE THE INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD, WHEN IT IS FOUND NECESSARY OR DESIRABLE TO HOLD THE HEARING AT A DISTANCE FROM THE INDIVIDUAL'S PLACE OF EMPLOYMENT.

YOU STATE IN THE LETTER THAT IN SOME INSTANCES HEARINGS MAY NOT BE HELD IN THE COUNTRY IN WHICH THE INDIVIDUAL IS EMPLOYED BY THE INTERNATIONAL ORGANIZATION, EITHER BECAUSE SUCH COUNTRY WILL NOT PERMIT LOYALTY HEARINGS TO BE HELD WITHIN ITS BORDERS, OR IT IS FOUND INADVISABLE TO HOLD HEARINGS THEREIN FOR REASONS OF NATIONAL POLICY. IT IS POINTED OUT THAT WHEN A PANEL OF THE BOARD TRAVELS TO THE PLACE OF EMPLOYMENT TO HOLD A HEARING THERE IS NO QUESTION BUT THAT TRAVEL AND SUBSISTENCE EXPENSES OF THE PANEL MEMBERS MAY BE PAID. THE VIEW IS EXPRESSED, THEREFORE, THAT IF INSTEAD OF THE PANEL'S TRAVELING TO THE PLACE WHERE THE INDIVIDUAL IS EMPLOYED, THE INDIVIDUAL IS BROUGHT TO WASHINGTON FOR THE HEARING, IT WOULD APPEAR EQUALLY JUSTIFIABLE TO PAY THE NECESSARY AND ACTUAL EXPENSE INCURRED BY HIM INCIDENT TO SUCH TRAVEL. YOU ALSO ADVISE THAT IN SOME CASES IT IS MORE FEASIBLE AND ECONOMICAL TO BRING SEVERAL INDIVIDUALS WHO ARE TO RECEIVE A HEARING TO A COMMON POINT TO WHICH THE BOARD PANEL MAY TRAVEL. YOU STATE THAT YOU ASSUME THAT--- IF YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE--- THE PARTICULAR PLACE FOR HEARING WHICH WOULD BE MOST PRACTICAL OR ECONOMICAL IS A MATTER FOR ADMINISTRATIVE JUDGMENT.

IT IS STATED IN YOUR LETTER THAT THE COMMISSION HAD BELIEVED THAT THERE WAS NO REASON TO DOUBT THE AVAILABILITY OF THE ABOVE REFERRED-TO APPROPRIATION FOR THE PURPOSE IN QUESTION, BUT THAT THE BOARD HAS RAISED THE QUESTION IN VIEW OF OUR DECISION OF JULY 5, 1955, B-123863. IN THAT DECISION WE HELD THAT TRAVEL AND SUBSISTENCE EXPENSES COULD NOT PROPERLY BE PAID FOR WITNESSES TESTIFYING AT INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD HEARINGS AT THE REQUEST OF THE BOARD, IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY THEREFOR.

THE INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD WAS ESTABLISHED IN THE CIVIL SERVICE COMMISSION BY EXECUTIVE ORDER NO. 10422, DATED JANUARY 9, 1953, AS AMENDED BY EXECUTIVE ORDER NO. 10459, DATED JUNE 2, 1953. THE MEMBERS OF THE BOARD ARE OFFICERS OR EMPLOYEES OF THE COMMISSION. IT WAS CREATED FOR THE PURPOSE OF INQUIRING INTO THE LOYALTY TO THE GOVERNMENT OF THE UNITED STATES CITIZENS EMPLOYED, OR CONSIDERED FOR EMPLOYMENT, BY INTERNATIONAL ORGANIZATIONS, AND TO MAKE ADVISORY DETERMINATIONS IN SUCH CASES, FOR TRANSMISSION BY THE SECRETARY OF STATE TO THE EXECUTIVE HEADS OF SUCH INTERNATIONAL ORGANIZATIONS. THE FOLLOWING PERTINENT STATEMENTS ARE CONTAINED IN THE PREAMBLE OF EXECUTIVE ORDER NO. 10422, AS AMENDED:

"WHEREAS IN THE PARTICIPATION BY THE UNITED STATES IN THE ACTIVITIES OF THE UNITED NATIONS IT IS IN THE INTEREST OF THE UNITED STATES THAT UNITED STATES CITIZENS WHO ARE EMPLOYEES OF THE SECRETARIAT OF THE UNITED NATIONS BE PERSONS OF THE HIGHEST INTEGRITY AND NOT PERSONS WHO HAVE BEEN, ARE, OR ARE LIKELY TO BE, ENGAGED IN ESPIONAGE OR SUBVERSIVE ACTIVITIES AGAINST THE UNITED STATES; AND

"WHEREAS IT IS IN THE INTEREST OF THE UNITED STATES TO ESTABLISH A PROCEDURE FOR THE ACQUISITION OF INFORMATION BY INVESTIGATION AND FOR ITS TRANSMISSION TO THE SECRETARY GENERAL IN ORDER TO ASSIST THE SECRETARY GENERAL IN THE EXERCISE OF HIS RESPONSIBILITY FOR DETERMINING WHETHER ANY UNITED STATES CITIZEN EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT ON THE SECRETARIAT HAS BEEN, IS, OR IS LIKELY TO BE, ENGAGED IN ESPIONAGE OR SUBVERSIVE ACTIVITIES AGAINST THE UNITED STATES; AND

"WHEREAS SUCH PROCEDURE SHOULD AFFORD OPPORTUNITY FOR HEARING TO ANY UNITED STATES CITIZEN EMPLOYED OR BEING CONSIDERED FOR EMPLOYMENT ON THE SECRETARIAT AS TO WHOM AN INVESTIGATION DISCLOSES DEROGATORY INFORMATION, SO THAT THE PERSON AFFECTED MAY CHALLENGE THE ACCURACY OF ANY SUCH INFORMATION; "

PARAGRAPH 3 OF PART IV OF THE EXECUTIVE ORDER, AS AMENDED, PROVIDES THAT THE "BOARD SHALL MAKE NECESSARY RULES AND REGULATIONS, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ORDER, FOR THE EXECUTION OF ITS FUNCTIONS.' PARAGRAPH 3 FURTHER PROVIDES THAT THERE SHOULD BE INCLUDED IN SUCH RULES AND REGULATIONS PROVISIONS FOR FURNISHING EACH PERSON WHOSE CASE IS CONSIDERED BY THE BOARD AN OPPORTUNITY FOR A HEARING BEFORE THE BOARD, OR PANEL THEREOF AT LEAST THREE MEMBERS. PART III OF THE AMENDED ORDER MAKES ITS PROVISIONS APPLICABLE TO UNITED STATES CITIZENS WHO ARE EMPLOYEES OF OR ARE BEING CONSIDERED FOR EMPLOYMENT BY INTERNATIONAL ORGANIZATIONS OF WHICH THE UNITED STATES IS A MEMBER OTHER THAN THE UNITED NATIONS.

THE INDEPENDENT OFFICES APPROPRIATION ACT, 1956, 69 STAT. 199, UNDER THE HEADING "CIVIL SERVICE COMMISSION", PROVIDES, IN PERTINENT PART, AS FOLLOWS (69 STAT. 200):

"INVESTIGATIONS OF UNITED STATES CITIZENS FOR EMPLOYMENT BY INTERNATIONAL ORGANIZATIONS: FOR EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF EXECUTIVE ORDER NO. 10422 OF JANUARY 9, 1953, AS AMENDED, PRESCRIBING PROCEDURES FOR MAKING AVAILABLE TO THE SECRETARY GENERAL OF THE UNITED NATIONS, AND THE EXECUTIVE HEADS OF OTHER INTERNATIONAL ORGANIZATIONS, CERTAIN INFORMATION CONCERNING UNITED STATES CITIZENS EMPLOYED, OR BEING CONSIDERED FOR EMPLOYMENT BY SUCH ORGANIZATIONS, * * * PROVIDED FURTHER, THAT MEMBERS OF THE INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD MAY BE PAID ACTUAL TRANSPORTATION EXPENSES, AND PER DIEM IN LIEU OF SUBSISTENCE AUTHORIZED BY THE TRAVEL EXPENSE ACT OF 1949 WHILE TRAVELING ON OFFICIAL BUSINESS AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, INCLUDING PERIODS WHILE EN ROUTE TO AND FROM AND AT THE PLACE WHERE THEIR SERVICES ARE TO BE PERFORMED * * *.'

UNDER PARAGRAPH 3, PART IV. OF THE EXECUTIVE ORDER, AS AMENDED, THE BOARD IS AUTHORIZED TO MAKE RULES AND REGULATIONS NECESSARY FOR THE EXECUTION OF ITS FUNCTIONS UNDER THE ORDER. PARAGRAPH 13 (B) OF THE REGULATIONS ISSUED BY THE BOARD PURSUANT TO THE AUTHORITY IN THE ABOVE CITED PARAGRAPH 3 PROVIDES, IN PART, THAT THE BOARD "SHALL SET A TIME AND PLACE FOR A HEARING," BUT THERE IS NO PROVISION IN THE REGULATIONS FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES TO INDIVIDUALS ENTITLED TO HEARINGS BEFORE THE BOARD FOR TRAVEL TO THE PLACE OF THE HEARING. HOWEVER, IN VIEW OF THE AUTHORITY GRANTED THE BOARD BY PARAGRAPH 3, WE WOULD NOT BE REQUIRED TO OBJECT TO A REGULATION PROVIDING FOR THE PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES TO UNITED STATES CITIZENS EMPLOYED BY INTERNATIONAL ORGANIZATIONS --- WHO ARE ENTITLED TO HEARINGS UNDER THE EXECUTIVE ORDER--- FOR TRAVEL TO HEARINGS HELD AT A PLACE OTHER THAN THE PLACE WHERE THE CITIZEN IS EMPLOYED BY THE ORGANIZATION, IF THE BOARD DETERMINES SUCH A REGULATION IS NECESSARY TO ENABLE IT PROPERLY TO CARRY OUT ITS FUNCTIONS UNDER THE EXECUTIVE ORDER, AS AMENDED. THIS WOULD BE CONSISTENT WITH THE POLICY FOLLOWED IN THE CASE OF FEDERAL EMPLOYEES IN CONNECTION WITH HEARINGS HELD PURSUANT TO THE PROVISIONS OF PUBLIC LAW 733, APPROVED AUGUST 26, 1950, 64 STAT. 476. SEE 33 COMP. GEN. 582. ACCORDINGLY, IF SUCH A REGULATION IS ISSUED BY THE BOARD THE ABOVE-CITED APPROPRIATION WOULD BE AVAILABLE TO PAY THE TRAVEL AND SUBSISTENCE EXPENSES OF THE INDIVIDUALS CONCERNED.

THE MAXIMUM REIMBURSEMENT THAT COULD BE MADE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS TO FEDERAL EMPLOYEES WOULD SEEM TO PROVIDE A PROPER GUIDE IN DETERMINING THE AMOUNT THAT ORDINARILY SHOULD BE PAID INCIDENT TO THE TRAVEL IN QUESTION. ALSO, YOU ARE CORRECT IN YOUR ASSUMPTION THAT THE PARTICULAR PLACE FOR A HEARING WHICH WOULD BE MOST PRACTICAL OR ECONOMICAL IS A MATTER FOR ADMINISTRATIVE JUDGMENT.