B-14277, JANUARY 18, 1941, 20 COMP. GEN. 399

B-14277: Jan 18, 1941

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IS AVAILABLE FOR COMPENSATION OF EMPLOYEES AT THE SEAT OF GOVERNMENT. IF SUCH EMPLOYEES ARE ENGAGED SOLELY ON FIELD DUTIES. NOT IF THE EMPLOYEES ARE ENGAGED ON ADMINISTRATIVE DUTIES AT WASHINGTON IN VIEW OF THE SEAT OF GOVERNMENT EMPLOYMENT LIMITATION PROVISIONS OF THE ACT OF AUGUST 5. 1941: I HAVE YOUR LETTER OF DECEMBER 31. AS FOLLOWS: WE ARE CONFRONTED WITH A PROBLEM AS TO WHETHER IT IS POSSIBLE FOR US TO UTILIZE THE APPROPRIATION WHICH WAS MADE AVAILABLE TO THE DEPARTMENT FOR THE SALARIES AND EXPENSES OF THE INTERNATIONAL LABOR OFFICE. AS YOU ARE PROBABLY AWARE. IT WAS STATED THAT THESE FUNDS WERE FOR EXPENDITURE IN GENEVA. WE ARE CONFRONTED WITH THIS SITUATION. - THE SECRETARY WHO WAS PAID FROM THESE FUNDS RESIGNED HER POSITION.

B-14277, JANUARY 18, 1941, 20 COMP. GEN. 399

PERSONAL SERVICES - SEAT OF GOVERNMENT EMPLOYMENT RESTRICTION SINCE IT BECAME NECESSARY THAT THE INTERNATIONAL LABOR ORGANIZATION MOVE ITS HEADQUARTERS AWAY FROM GENEVA, SWITZERLAND, THE APPROPRIATION FOR " LIAISON WITH THE INTERNATIONAL LABOR ANIZATION," WHICH PROVIDES FOR PERSONAL SERVICES IN GENEVA, IS AVAILABLE FOR COMPENSATION OF EMPLOYEES AT THE SEAT OF GOVERNMENT, WASHINGTON, D.C., OR ELSEWHERE, IF SUCH EMPLOYEES ARE ENGAGED SOLELY ON FIELD DUTIES, BUT NOT IF THE EMPLOYEES ARE ENGAGED ON ADMINISTRATIVE DUTIES AT WASHINGTON IN VIEW OF THE SEAT OF GOVERNMENT EMPLOYMENT LIMITATION PROVISIONS OF THE ACT OF AUGUST 5, 1882.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF LABOR, JANUARY 18, 1941:

I HAVE YOUR LETTER OF DECEMBER 31, 1940, AS FOLLOWS:

WE ARE CONFRONTED WITH A PROBLEM AS TO WHETHER IT IS POSSIBLE FOR US TO UTILIZE THE APPROPRIATION WHICH WAS MADE AVAILABLE TO THE DEPARTMENT FOR THE SALARIES AND EXPENSES OF THE INTERNATIONAL LABOR OFFICE, GENEVA, SWITZERLAND, FOR THE FISCAL YEAR 1941. AS YOU ARE PROBABLY AWARE, IT BECAME NECESSARY FOR THE INTERNATIONAL LABOR OFFICE TO MOVE ITS HEADQUARTERS FROM GENEVA TO MONTREAL DUE TO THE CONDITIONS NOW EXISTING IN EUROPE.

SINCE IN THE LANGUAGE OF THE APPROPRIATION, IT WAS STATED THAT THESE FUNDS WERE FOR EXPENDITURE IN GENEVA, WE SHOULD LIKE TO RAISE THE QUESTION AS TO WHETHER DURING THIS FISCAL YEAR THOSE FUNDS MAY BE USED BY US TO EMPLOY THE NECESSARY PERSONNEL TO WORK OUT OF THE WASHINGTON OFFICE WITH THE INTERNATIONAL LABOR ORGANIZATION IN MONTREAL. WE ARE CONFRONTED WITH THIS SITUATION--- THE SECRETARY WHO WAS PAID FROM THESE FUNDS RESIGNED HER POSITION, AND WE WISH TO APPOINT SOMEONE TO SUCCEED HER IN CARRYING ON THIS WORK.

FOR THE FISCAL YEAR 1942, THE BUDGET BUREAU AND THE PRESIDENT HAVE APPROVED A CHANGE IN THE LANGUAGE WHICH WOULD MAKE IT POSSIBLE FOR FUNDS MADE AVAILABLE TO CARRY OUT THESE PURPOSES TO BE SPENT EITHER IN THE DISTRICT OF COLUMBIA OR ELSEWHERE, DEPENDING UPON WHERE THE INTERNATIONAL LABOR ORGANIZATION OPERATES AT THAT TIME.

WOULD IT NOT, THEREFORE, BE POSSIBLE, DUE TO THE FACT THAT CONDITIONS COULD NOT BE FORESEEN AT THE TIME THE BUDGET WAS SUBMITTED FOR THE FISCAL YEAR 1941, FOR AN INTERPRETATION TO BE GIVEN TO THE APPROPRIATION LANGUAGE WHEREBY WE COULD PROVIDE THE NECESSARY PERSONNEL TO CARRY ON THIS WORK FROM WASHINGTON?

I SHALL APPRECIATE YOUR ADVISING ME REGARDING THIS MATTER.

THE APPROPRIATION TO WHICH YOU REFER, AS MADE BY THE DEPARTMENT OF LABOR APPROPRIATION ACT FOR 1941, APPROVED JUNE 26, 1940, 54 STAT. 576, PROVIDES:

LIAISON WITH THE INTERNATIONAL LABOR ORGANIZATION, GENEVA, SWITZERLAND, SALARIES AND EXPENSES: FOR A UNITED STATES LABOR COMMISSIONER AND OTHER PERSONAL SERVICES IN GENEVA, SWITZERLAND; COMPENSATION OF INTERPRETERS, TRANSLATORS, AND PORTERS; TRANSPORTATION OF EMPLOYEES, THEIR FAMILIES, AND EFFECTS, IN GOING TO AND RETURNING FROM FOREIGN POSTS; RENT, HEAT, LIGHT, AND FUEL; HIRE, MAINTENANCE, AND OPERATION OF MOTOR-PROPELLED PASSENGER- CARRYING VEHICLES; PURCHASE AND EXCHANGE OF FOREIGN AND DOMESTIC BOOKS, PERIODICALS, AND NEWSPAPERS; PURCHASE OF FURNITURE, STATIONERY, AND SUPPLIES; PRINTING AND BINDING; POSTAGE; TELEPHONE AND OTHER SIMILAR EXPENSES, FOR WHICH PAYMENT MAY BE MADE IN ADVANCE; NECESSARY TECHNICAL OR SPECIAL INVESTIGATIONS IN CONNECTION WITH MATTERS FALLING WITHIN THE SCOPE OF THE INTERNATIONAL LABOR ORGANIZATION; ALLOWANCES FOR LIVING QUARTERS, INCLUDING HEAT, FUEL, AND LIGHT, AS AUTHORIZED BY THE ACT APPROVED JUNE 26, 1930 (5 U.S.C. 118A), NOT TO EXCEED $1,700 FOR ANY PERSON, AND CONTINGENT AND SUCH OTHER EXPENSES IN THE UNITED STATES AND ELSEWHERE AS THE SECRETARY OF LABOR MAY DEEM NECESSARY, $20,000.

THE ACT OF AUGUST 5, 1882, 22 STAT. 255 (5 U.S.C. 46), PROHIBITS THE EMPLOYMENT AT THE SEAT OF GOVERNMENT OF ANY EMPLOYEES EXCEPT PURSUANT TO SPECIFIC APPROPRIATION FOR SUCH PERSONAL SERVICES. ACCORDINGLY, AS THE ABOVE APPROPRIATION DOES NOT PROVIDE SPECIFICALLY FOR PERSONAL SERVICES AT THE SEAT OF GOVERNMENT, IT WOULD NOT BE AVAILABLE FOR THE COMPENSATION OF ANY EMPLOYEES AT WASHINGTON, D.C., IF ENGAGED ON ADMINISTRATIVE DUTIES, AS DISTINGUISHED FROM FIELD DUTIES. HOWEVER, THE APPROPRIATION IS A FIELD SERVICE APPROPRIATION AND WHILE IT PROVIDES FOR PERSONAL SERVICES "IN GENEVA" THIS WAS ONLY BECAUSE THE HEADQUARTERS OF THE INTERNATIONAL LABOR ORGANIZATION WAS LOCATED AT THAT PLACE AT THE TIME THE APPROPRIATION WAS MADE. SINCE THE ORGANIZATION HAS NOW MOVED ITS HEADQUARTERS FROM GENEVA TO MONTREAL THE EMPLOYMENT OF PERSONAL SERVICES AT GENEVA APPARENTLY WOULD NO LONGER CARRY OUT THE INTENTION OF THE CONGRESS, THE PURPOSE OF THE APPROPRIATION BEING " LIAISON WITH THE INTERNATIONAL LABOR ORGANIZATION.' UNDER SUCH CIRCUMSTANCES IT MAY BE HELD THAT THE APPROPRIATION INVOLVED IS AVAILABLE FOR EXPENDITURE AT SUCH PLACE OR PLACES AS MAY BE ADMINISTRATIVELY DETERMINED TO BE NECESSARY TO CARRY OUT THE PURPOSES OF THE APPROPRIATION. IN THIS CONNECTION ATTENTION IS INVITED TO 18 COMP. GEN. 347, IN WHICH, WITH REFERENCE TO A SIMILAR QUESTION, IT WAS HELD---

THE EMPLOYMENT OF ARCHITECTURAL AND MECHANICAL ENGINEERS AND ESTIMATORS, WITH HEADQUARTERS IN WASHINGTON, D.C., FOR SERVICES REQUIRED SOLELY IN CONNECTION WITH PROJECTS, OR OTHER FIELD ACTIVITIES, LOCATED OUTSIDE THE DISTRICT OF COLUMBIA, WHOSE DUTIES ARE NOT OF AN ADMINISTRATIVE CHARACTER OR SUCH AS A DEPARTMENT OR ESTABLISHMENT CHARGED WITH THE ADMINISTRATION OF CONSTRUCTION OR OTHER FIELD ACTIVITIES ORDINARILY HAS PERFORMED BY ITS DEPARTMENTAL FORCE, AND PAYMENT OF THEIR COMPENSATION FROM FUNDS ALLOTTED TO THE INDIAN SERVICE PURSUANT TO SECTION 201 (C) OF THE PUBLIC WORKS ADMINISTRATION APPROPRIATION ACT OF 1938, 52 STAT. 816, DOES NOT CONSTITUTE A VIOLATION OF THE SEAT OF GOVERNMENT EMPLOYMENT PROHIBITIONS OF SECTIONS 45 AND 46, TITLE 5, U.S. CODE, BUT, ASTO SERVICES OF CLASSES WHICH MAY NOT BE SO ENGAGED AND PAID FOR, SEE DECISIONS CITED.

IF THE WORK ON WHICH THE PERSONNEL REFERRED TO IN YOUR LETTER ARE TO BE ENGAGED IS TO BE CONFINED STRICTLY TO SUCH AS WOULD HAVE BEEN PERFORMED AT GENEVA BUT FOR THE NECESSITY OF REMOVING THE INTERNATIONAL LABOR OFFICE FROM THAT PLACE, THE SPECIFIC QUESTION PRESENTED BY YOU IS ANSWERED IN THE AFFIRMATIVE.