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B-181294, NOV 8, 1974

B-181294 Nov 08, 1974
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WHERE MEMBERS OF A COMMISSION WERE APPOINTED. THEY WERE NOT SUBJECT TO SENATE CONFIRMATION. THEY PERFORMED OFFICIAL DUTY BEFORE THEY WERE SWORN IN. THEY MAY BE PAID COMPENSATION AND TRAVEL EXPENSES PROVIDED THEY ARE LATER SWORN SINCE. WHILE NO COMPENSATION MAY BE PAID WHEN AN APPOINTMENT IS MADE UNTIL THE APPOINTEE TAKES AN OATH OF OFFICE. WHEN THE OATH IS TAKEN IT RELATES BACK TO THE DATE OF THE APPOINTEE'S ENTRANCE ON DUTY. CONCERNING PAYMENT FOR TRAVEL AND RELATED EXPENSES AND DAILY PAY FOR MEMBERS OF THE COMMISSION FOR DUTIES PERFORMED PRIOR TO THE DATE THEY WERE SWORN IN. THE DEFENSE MANPOWER COMMISSION WAS ESTABLISHED BY SECTION 701(A) OF PUBLIC LAW 93-155. NONE OF THESE APPOINTMENTS ARE SUBJECT TO CONFIRMATION BY THE SENATE.

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B-181294, NOV 8, 1974

WHERE MEMBERS OF A COMMISSION WERE APPOINTED, THEY WERE NOT SUBJECT TO SENATE CONFIRMATION, AND THEY PERFORMED OFFICIAL DUTY BEFORE THEY WERE SWORN IN, THEY MAY BE PAID COMPENSATION AND TRAVEL EXPENSES PROVIDED THEY ARE LATER SWORN SINCE, WHILE NO COMPENSATION MAY BE PAID WHEN AN APPOINTMENT IS MADE UNTIL THE APPOINTEE TAKES AN OATH OF OFFICE, WHEN THE OATH IS TAKEN IT RELATES BACK TO THE DATE OF THE APPOINTEE'S ENTRANCE ON DUTY.

DEFENSE MANPOWER COMMISSION - COMPENSATION AND TRAVEL EXPENSES:

THIS CASE CONCERNS A REQUEST FOR A DECISION FROM THE CHAIRMAN, DEFENSE MANPOWER COMMISSION, CONCERNING PAYMENT FOR TRAVEL AND RELATED EXPENSES AND DAILY PAY FOR MEMBERS OF THE COMMISSION FOR DUTIES PERFORMED PRIOR TO THE DATE THEY WERE SWORN IN.

THE DEFENSE MANPOWER COMMISSION WAS ESTABLISHED BY SECTION 701(A) OF PUBLIC LAW 93-155, 87 STAT. 609 (1973), WHICH PROVIDES FOR SEVEN MEMBERS, THREE TO BE APPOINTED BY THE PRESIDENT AND ONE EACH BY THE MAJORITY AND MINORITY LEADERS OF THE HOUSE AND SENATE. NONE OF THESE APPOINTMENTS ARE SUBJECT TO CONFIRMATION BY THE SENATE. MEMBERS OF THE COMMISSION WERE DULY APPOINTED AND ON MARCH 22, 1974, SIX OF THE COMMISSIONERS MET IN WASHINGTON, D.C., FOR AN INFORMAL ORGANIZATIONAL CONFERENCE. THE MEMBERS WERE SUBSEQUENTLY SWORN IN ON APRIL 19, 1974, NEARLY A MONTH AFTER THEY HAD PERFORMED TRAVEL TO THE MEETING AND WORKED FOR ONE DAY.

THE CHAIRMAN, IN HIS LETTER, ASKS THE FOLLOWING QUESTIONS:

1. ARE THE COMMISSIONERS WHO ATTENDED THE MARCH 22, 1974, MEETING ENTITLED TO RECEIVE PAY AND TRAVEL EXPENSES FOR THAT MEETING THAT TOOK PLACE PRIOR TO THEIR SWEARING-IN?; AND

2. IF THE ANSWER TO QUESTION ONE IS YES, MAY THE COMMISSION NOW CERTIFY FOR PAYMENT EXPENDITURES INCURRED PRIOR TO THE SWEARING-IN OF ANY COMMISSION MEMBERS?

IT HAS BEEN HELD THAT WHEN AN APPOINTMENT HAS BEEN PROPERLY MADE NO COMPENSATION MAY BE MADE UNTIL AN OATH OF OFFICE HAS BEEN TAKEN BUT THAT WHEN THE OATH IS TAKEN IT RELATES BACK TO THE DATE OF ENTRANCE ON DUTY SO AS TO PERMIT PAYMENT OF COMPENSATION FROM THAT DATE. 21 COMP. GEN. 817 (1942).

ACCORDINGLY, COMPENSATION AND TRAVEL EXPENSES FOR COMMISSIONERS WHO WERE APPOINTED AT THE TIME OF WORK PERFORMANCE AND WHO WERE SUBSEQUENTLY SWORN IN MAY BE PAID FOR DAYS OF WORK AND TRAVEL PERFORMED ON OFFICIAL BUSINESS PRIOR TO THE DATE THEY WERE SWORN IN. THE FIRST QUESTION IS ANSWERED ACCORDINGLY. THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE IF THE EXPENDITURES ARE OTHERWISE PROPER.

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