B-25199, APRIL 27, 1942, 21 COMP. GEN. 954

B-25199, APRIL 27, 1942, 21 COMP. GEN. 954

DETAIL OF OFFICERS AND EMPLOYEES TO CONGRESSIONAL COMMITTEES IN VIEW OF SECTION 3678, REVISED STATUTES, LIMITING EXPENDITURE OF PUBLIC FUNDS SOLELY TO THE OBJECTS FOR WHICH THEY ARE APPROPRIATED, AN EXECUTIVE AGENCY OF THE GOVERNMENT, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, MAY LEND AN EMPLOYEE ALREADY ON ITS ROLLS TO A CONGRESSIONAL INVESTIGATING COMMITTEE ONLY WHERE THE INVESTIGATION RELATES TO MATTERS ORDINARILY HANDLED BY THE LENDING AGENCY AND, THUS, WILL FURTHER THE PURPOSES FOR WHICH THE AGENCY'S APPROPRIATIONS ARE MADE, AND WHERE THE ABSENCE OF THE EMPLOYEE WILL NOT BE DETRIMENTAL TO THE WORK OF THE AGENCY OR NECESSITATE THE HIRING OF AN ADDITIONAL EMPLOYEE. IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, AN AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT MAY NOT EMPLOY A PERSON SOLELY FOR THE PURPOSE OF DETAILING OR LENDING SUCH EMPLOYEE TO A COMMITTEE CREATED BY A HOUSE OR SENATE RESOLUTION, NOTWITHSTANDING THE TERMS OF THE RESOLUTION MAY SPECIFICALLY SO PROVIDE--- SUCH A RESOLUTION NOT HAVING THE FORCE AND EFFECT OF A STATUTE. THE BROAD STATUTORY AUTHORITY GRANTED THE ADMINISTRATOR OF THE FEDERAL HOUSING ADMINISTRATION TO "APPOINT SUCH OTHER OFFICERS AND EMPLOYEES AS * * * NECESSARY" IS LIMITED TO THE PERSONNEL NECESSARY TO PERFORM THE FUNCTIONS OF THE ADMINISTRATION, AND, THEREFORE, FUNDS APPROPRIATED BY ACTS NOT SPECIFICALLY PROVIDING FOR PAYMENT OF COMPENSATION OF EMPLOYEES ASSIGNED TO CONGRESSIONAL INVESTIGATING COMMITTEES MAY NOT BE USED FOR THAT PURPOSE WHERE THE MATTERS BEING INVESTIGATED ARE UNRELATED TO THE WORK OF THE ADMINISTRATION, EVEN THOUGH THE SENATE AND HOUSE RESOLUTIONS CREATING SUCH COMMITTEES PROVIDE FOR THE LOAN OF EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE NATIONAL HOUSING ADMINISTRATOR, APRIL 27, 1942:

I HAVE THE FEDERAL HOUSING COMMISSIONER'S LETTER OF APRIL 9, 1942, AS FOLLOWS:

THIS WILL CONFIRM MY TELEPHONE CONVERSATION OF THIS MORNING WITH YOU REGARDING THE EXCEPTION MADE WITH RESPECT TO THE SALARY OF MR. CHARLES P. CLARK, ASSIGNED FROM THIS ADMINISTRATION TO THE SPECIAL COMMITTEE OF THE SENATE OF WHICH SENATOR TRUMAN IS CHAIRMAN.

THIS MATTER WAS BROUGHT UP AS A RESULT OF AN EXCEPTION MADE BY THE AUDIT DIVISION OF THE GENERAL ACCOUNTING OFFICE, AS FOLLOWS:

MARCH 30, 1942. DISB. OFFICER: G. F. ALLEN, SYM. 13-971, D.O. VOU. NO. 61218. DEPT. AND BU.: FEDERAL LOAN AGENCY ( FEDERAL HOUSING ADM.) BU. VOU. NO. APPROPRIATION: ADMINISTRATIVE EXPENSES, FEDERAL HOUSING PERIOD, JULY 1941, ADMINISTRATION, 1942. ACTIVITY: CERTIFYING OFFICER LESTER H. THOMPSON CREDIT FOR $351.23 PAID TO--- SEE BELOW: WILL BE WITHHELD FOR THE REASON STATED BELOW UNLESS A SATISFACTORY EXPLANATION IS MADE OR THE AMOUNT DEPOSITED PRIOR TO THE NEXT SETTLEMENT OF YOUR ACCOUNT:

PAY ROLL, JULY 1-15, 1941.

PAGE 3, LINE 6, CHARLES P. CLARK, ATTORNEY

PAID 5,600 PER ANNUM 233.33

PAGE 23, LINE 26, MOLLIE S. BUDD, CLK. STENO.

PAID 1,440 PER ANNUM (R.D. 2.10) 57.90

PAGE 24, LINE 24, ELIZABETH M. TOMAI, C.A.F. 2

DCT M. TRAN.

PAID 1,440 PER ANNUM 15 DAYS 60.00

THESE EMPLOYEES ARE TO BE DETAILED TO A CONGRESSIONAL COMMITTEE

FOR AN EXTENDED PERIOD, THEREFORE, THE ABOVE APPROPRIATION FOR

EXPENSES OF THE FEDERAL HOUSING ADMINISTRATION IS NOT

AVAILABLE FOR PAYMENT OF SALARY TO THESE EMPLOYEES DURING THE

PERIOD OF THE DETAIL. SEC. 3678 REV. STAT. 6 COMP. GEN. 836.

SGM 52387 EC.

WITH RESPECT TO MISS TOMAI AND MRS. BUDD, THEY WERE ASSIGNED ON JULY 2, 1941, TO THE SPECIAL COMMITTEE TO STUDY THE PROGRESS OF THE NATIONAL DEFENSE PROGRAM, CONGRESSMAN CARL VINSON, CHAIRMAN, ESTABLISHED UNDER H. RES. 179, 77TH CONGRESS. AT THE TIME OF THE ASSIGNMENT BOTH PERSONS WERE IN THE EMPLOY OF THE FEDERAL HOUSING ADMINISTRATION. THEIR ASSIGNMENTS WERE TERMINATED ON APRIL 7, 1942, AND JANUARY 15, 1942, RESPECTIVELY. MRS. BUDD IS NO LONGER IN THE EMPLOY OF THE ADMINISTRATION AND MISS TOMAI HAS BEEN PLACED IN HER FORMER POSITION. H. RES. 179 AUTHORIZED THE DETAIL OF CERTAIN PERSONNEL TO THIS COMMITTEE. IT WOULD THEREFORE APPEAR THAT THE ASSIGNMENT OF THESE TWO PERSONS IS PERMISSIBLE.

WITH RESPECT TO CHARLES P. CLARK, WHO WAS THE IMMEDIATE SUBJECT OF OUR CONVERSATION, HE WAS EMPLOYED BY THIS ADMINISTRATION ON APRIL 10, 1941, AND IMMEDIATELY ASSIGNED TO THE SPECIAL COMMITTEE TO INVESTIGATE CONTRACTS UNDER THE NATIONAL DEFENSE PROGRAM, SENATOR HARRY TRUMAN, CHAIRMAN, ESTABLISHED UNDER S. RES. 71, AS AMENDED BY S. RES. 146, 77TH CONGRESS. HIS ASSIGNMENT HAS NOT AS YET BEEN TERMINATED. WITH REFERENCE TO THE ASSIGNMENT OF MR. CLARK AND THE OTHER EMPLOYEES, THE CONGRESSIONAL COMMITTEE INVOLVED ARE ENGAGED IN THE STUDY AND INVESTIGATION OF THE PROGRESS OF THE NATIONAL DEFENSE PROGRAM. THERE WAS AN URGENT DEMAND IN EACH INSTANCE BY THE PARTICULAR COMMITTEE INVOLVED THAT PERSONNEL BE SUPPLIED TO IT TO AID IN THE COMPLETION OF ITS WORK. IT WAS OUR BELIEF, IN VIEW OF THE UNSETTLED INTERNATIONAL PICTURE, THE EXTREME IMPORTANCE OF THE ENTIRE DEFENSE PROGRAM, AND THE RESULTANT NECESSITY OF THE HIGHEST DEGREE OF COOPERATION ON THE PART OF ALL BRANCHES OF THE GOVERNMENT TO AID IN THE SUCCESSFUL CONSUMMATION OF THIS PROGRAM, THAT THE ADMINISTRATION SHOULD COOPERATE IN THIS MATTER. FOR THIS REASON THESE ASSIGNMENTS WERE MADE.

AS STATED ABOVE, MR. CLARK IS THE ONLY ONE WHOSE ASSIGNMENT HAS NOT BEEN TERMINATED. IT IS RESPECTFULLY REQUESTED THAT THE EXCEPTION BE WAIVED IN THESE CASES. IF, HOWEVER, MR. CLARK'S ASSIGNMENT IS NO LONGER AUTHORIZED HE WILL BE TERMINATED IMMEDIATELY UPON RECEIPT OF ADVICE FROM YOU TO THAT EFFECT.

SINCE THE FEDERAL HOUSING ADMINISTRATION IS NO LONGER AN INDEPENDENT AGENCY BUT RATHER IS ONE OF THE "CONSTITUENT UNITS IN THE NATIONAL HOUSING AGENCY," AND IS "UNDER THE DIRECTION AND SUPERVISION OF A NATIONAL HOUSING ADMINISTRATOR" (SEE SECS. 1 AND 3 OF E.O. 9070, FEBRUARY 24, 1942), THE DECISION ON THE MATTER PRESENTED BY THE FEDERAL HOUSING COMMISSIONER IS BEING RENDERED TO YOU AS THE HEAD OF THE AGENCY OR ESTABLISHMENT INVOLVED. SEE 31 U.S.C. 74 (THIRD PARAGRAPH); ALSO, 19 COMP. GEN. 150, ID. 400.

HOUSE RESOLUTION 162, AGREED TO APRIL 2, 1941, AUTHORIZED THE COMMITTEE ON MILITARY AFFAIRS AND THE COMMITTEE ON NAVAL AFFAIRS OF THE HOUSE OF REPRESENTATIVES TO CONDUCT STUDIES AND INVESTIGATIONS OF THE NATIONAL DEFENSE PROGRAM INSOFAR AS IT RELATES TO MATTERS COMING WITHIN THE JURISDICTION OF SUCH COMMITTEES, RESPECTIVELY.

HOUSE RESOLUTION 179, AGREED TO APRIL 15, 1941, IN ADDITION TO ALLOCATING NOT TO EXCEED $25,000 FROM THE CONTINGENT FUND OF THE HOUSE FOR EXPENSES INCURRED BY THE COMMITTEE ON NAVAL AFFAIRS FOR THE INVESTIGATIONS AUTHORIZED BY HOUSE RESOLUTION 162, SUPRA, PROVIDED AS FOLLOWS:

SEC. 3. THE HEAD OF EACH EXECUTIVE DEPARTMENT IS HEREBY REQUESTED TO DETAIL TO SAID COMMITTEE SUCH NUMBER OF LEGAL AND EXPERT ASSISTANTS AND INVESTIGATORS AS SAID COMMITTEE MAY FROM TIME TO TIME DEEM NECESSARY.

IT IS UNDERSTOOD FROM THE COMMISSIONER'S LETTER, SUPRA, THAT MISS TOMAI AND MRS. BUDD WERE DETAILED OR LOANED TO THE NAVAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES PURSUANT TO THE ABOVE QUOTED HOUSE RESOLUTION.

SENATE RESOLUTION 71, AGREED TO MARCH 1, 1941, CREATED A SPECIAL COMMITTEE OF SEVEN SENATORS AND AUTHORIZED IT TO MAKE A STUDY AND INVESTIGATION OF THE OPERATION "OF THE PROGRAM FOR THE PROCUREMENT AND CONSTRUCTION OF SUPPLIES, MATERIALS, MUNITIONS, VEHICLES, AIRCRAFT, VESSELS, PLANTS, CAMPS, AND OTHER ARTICLES AND FACILITIES IN CONNECTION WITH THE NATIONAL DEFENSE * * *.'

SENATE RESOLUTION 146, AGREED TO AUGUST 11, 1941, PROVIDED AS FOLLOWS:

RESOLVED, THAT THE LIMIT OF EXPENDITURES UNDER S. RES. 71, SEVENTY SEVENTH CONGRESS, FIRST SESSION, RELATING TO THE INVESTIGATION OF THE NATIONAL-DEFENSE PROGRAM, AGREED TO ON MARCH 1, 1941, IS HEREBY INCREASED BY $25,000. IN ADDITION TO THE AUTHORITY HERETOFORE CONFERRED UPON SUCH COMMITTEE, THE COMMITTEE IS AUTHORIZED TO REQUEST THE USE OF THE SERVICES, INFORMATION, FACILITIES, AND PERSONNEL OF THE DEPARTMENTS AND AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT.

IT APPEARS FROM THE RECORD THAT CHARLES P. CLARK WAS EMPLOYED BY THE FEDERAL HOUSING ADMINISTRATION ON APRIL 10, 1941, AND IMMEDIATELY DETAILED OR LOANED TO THE SPECIAL COMMITTEE OF THE SENATE CREATED UNDER SAID SENATE RESOLUTION 71.

YOU UNDERSTAND, OF COURSE, THAT SENATE AND HOUSE RESOLUTIONS DO NOT HAVE THE FORCE AND EFFECT OF A STATUTE AND THAT THE PROVISIONS THEREOF MAY BE GIVEN EFFECT ONLY WHEN TO DO SO WILL NOT CONFLICT WITH ANY STATUTE LAW. DEPARTMENT OR OTHER AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT MAY DETAIL OR LEND EMPLOYEES TO ASSIST INVESTIGATING COMMITTEES OF EITHER HOUSE OF THE CONGRESS, CREATED BY A HOUSE OR SENATE RESOLUTION THE TERMS OF WHICH PROVIDE FOR SUCH DETAIL OR LOAN OF EMPLOYEES FOR TEMPORARY SERVICES, ONLY IN CASES (1) WHERE THE INVESTIGATION OF THE CONGRESSIONAL COMMITTEE INVOLVES MATTERS SIMILAR OR RELATED TO THOSE ORDINARILY HANDLED BY THE PARTICULAR AGENCY DETAILING OR LENDING THE EMPLOYEES, AND, THEREFORE, WILL FURTHER THE PURPOSES FOR WHICH AGENCY'S APPROPRIATION WAS MADE, AND (2) WHERE THE SERVICES OF AN EMPLOYEE ALREADY ON THE ROLLS OF THE AGENCY DETAILING OR LENDING THE EMPLOYEE MAY BE SPARED WITHOUT DETRIMENT TO THE WORK OF THE AGENCY AND WITHOUT NECESSITATING THE EMPLOYMENT OF AN ADDITIONAL EMPLOYEE. THAT RULE IS REQUIRED BY SECTION 3678, REVISED STATUTES, WHICH PROVIDES AS FOLLOWS:

ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS.

SEE, ALSO, DECISION OF JUNE 20, 1927, 6 COMP. GEN. 836, WHEREIN IT WAS STATED:

* * * THE CONGRESS HAS SEPARATED THE LEGISLATIVE FROM THE EXECUTIVE APPROPRIATIONS, AND THIS IS CONSIDERED GENERALLY TO FORBID THE USE OF THE APPROPRIATIONS FOR ONE BRANCH FOR THE EXPENSES OF THE OTHER, EXCEPT WHERE THE INTENT TO SO USE THE APPROPRIATION SPECIFICALLY APPEARS. 4 COMP. DEC. 287; 9 ID. 59; 23 ID. 493; 4 COMP. GEN. 848.

IN THE ABSENCE OF A STATUTE SPECIFICALLY SO PROVIDING, THERE IS NO AUTHORITY FOR ANY AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT TO EMPLOY A PERSON SOLELY FOR THE PURPOSE OF DETAILING OR LENDING SUCH EMPLOYEE TO A COMMITTEE CREATED BY A HOUSE OR SENATE RESOLUTION, NOTWITHSTANDING THE TERMS OF THE RESOLUTION MAY SPECIFICALLY SO PROVIDE -- SUCH A RESOLUTION, AS HEREINBEFORE STATED, NOT HAVING THE FORCE AND EFFECT OF A STATUTE.

IT IS NOT UNDERSTOOD, AND NO CONTENTION HAS BEEN ADVANCED, THAT THE INVESTIGATIONS OF THE CONGRESSIONAL COMMITTEES TO WHICH THESE EMPLOYEES WERE DETAILED OR ASSIGNED INVOLVED MATTERS SIMILAR OR RELATED TO THOSE ORDINARILY HANDLED BY THE FEDERAL HOUSING ADMINISTRATION.

THE ACT AUTHORIZING THE CREATION OF THE FEDERAL HOUSING ADMINISTRATION, 48 STAT. 1246, SECTION 1702, TITLE 12, U.S. CODE, PROVIDES AS FOLLOWS:

THE PRESIDENT IS AUTHORIZED TO CREATE A FEDERAL HOUSING ADMINISTRATION, ALL OF THE POWERS OF WHICH SHALL BE EXERCISED BY A FEDERAL HOUSING ADMINISTRATOR (HEREINAFTER REFERRED TO AS THE " ADMINISTRATOR," WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, SHALL HOLD OFFICE FOR A TERM OF FOUR YEARS, AND SHALL RECEIVE COMPENSATION AT THE RATE OF $12,000 PER ANNUM. IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER AND SUBCHAPTERS II, III, AND VI OF THIS CHAPTER, THE ADMINISTRATOR MAY ESTABLISH SUCH AGENCIES, ACCEPT AND UTILIZE SUCH VOLUNTARY AND UNCOMPENSATED SERVICES, UTILIZE SUCH FEDERAL OFFICERS AND EMPLOYEES, AND, WITH THE CONSENT OF THE STATE, SUCH STATE AND LOCAL OFFICERS AND EMPLOYEES, AND APPOINT SUCH OTHER OFFICERS AND EMPLOYEES AS HE MAY FIND NECESSARY, AND MAY PRESCRIBE THEIR AUTHORITIES, DUTIES, RESPONSIBILITIES, AND TENURE AND FIX THEIR COMPENSATION, WITHOUT REGARD TO THE PROVISIONS OF OTHER LAWS APPLICABLE TO THE EMPLOYMENT OR COMPENSATION OF OFFICERS OR EMPLOYEES OF THE UNITED STATES. THE ADMINISTRATOR MAY DELEGATE ANY OF THE FUNCTIONS AND POWERS CONFERRED UPON HIM UNDER THIS SUBCHAPTER AND SUBCHAPTERS II, III, AND VI OF THIS CHAPTER TO SUCH OFFICERS, AGENTS, AND EMPLOYEES AS HE MAY DESIGNATE OR APPOINT, AND MAY MAKE SUCH EXPENDITURES (INCLUDING EXPENDITURES FOR PERSONAL SERVICES AND RENT AT THE SEAT OF GOVERNMENT AND ELSEWHERE, FOR LAW BOOKS AND BOOKS OF REFERENCE, AND FOR PAPER, PRINTING, AND BINDING) AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER AND SUBCHAPTERS II, III, VI OF THIS CHAPTER, WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURE OF PUBLIC FUNDS. ALL SUCH COMPENSATION, EXPENSES, AND ALLOWANCES SHALL BE PAID OUT OF FUNDS MADE AVAILABLE BY THIS CHAPTER. THE ADMINISTRATOR SHALL, IN CARRYING OUT THE PROVISIONS OF THIS SUBCHAPTER AND SUBCHAPTERS II, III, AND VI, BE AUTHORIZED IN HIS OFFICIAL CAPACITY, TO SUE AND BE SUED IN ANY COURT OF COMPETENT JURISDICTION, STATE OR FEDERAL. AS AMENDED, MAR. 28, 1941, C. 31, SEC. 2, 55 STAT. 61; JUNE 28, 1941, C. 261, SEC. 6, 55 STAT. 365.

THE LANGUAGE OF THAT STATUTE IS BROAD BUT, IN THE ABSENCE OF MORE SPECIFIC TERMS, IT MAY NOT BE CONCLUDED THEREFROM THAT IT IS INTENDED TO AUTHORIZE THE FEDERAL HOUSING ADMINISTRATION TO EMPLOY PERSONNEL FOR USE IN THE LEGISLATIVE BRANCH OF THE GOVERNMENT. THAT IS TO SAY, THE BROAD AUTHORITY TO "APPOINT SUCH OTHER OFFICERS AND EMPLOYEES AS HE ( ADMINISTRATOR) MAY FIND NECESSARY, ETC., " IS LIMITED TO THE PERSONNEL NECESSARY FOR THE PERFORMANCE OF THE FUNCTIONS OF THE FEDERAL HOUSING ADMINISTRATION. THAT INTENTION IS CLEARLY SHOWN BY THAT PORTION OF THE STATUTE LIMITING THE AUTHORITY OF THE ADMINISTRATOR TO MAKE EXPENDITURES "WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW GOVERNING THE EXPENDITURE OF PUBLIC FUNDS" TO SUCH "AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER AND SUBCHAPTERS II, III, AND VI OF THIS CHAPTER.' THERE IS NOTHING IN THE LANGUAGE OF THE APPROPRIATION ITEM FOR THE FEDERAL HOUSING ADMINISTRATION, ACT OF APRIL 5, 1941, PUBLIC LAW 28, 55 STAT. 100, WHICH CAN BE CONSTRUED AS AUTHORIZING THE USE OF THE APPROPRIATION FOR PAYMENT OF THE COMPENSATION OF EMPLOYEES DETAILED OR ASSIGNED TO CONGRESSIONAL COMMITTEES.

YOU ARE ADVISED, THEREFORE, THAT THE APPROPRIATIONS PROVIDED FOR THE FEDERAL HOUSING ADMINISTRATION ARE NOT AVAILABLE FOR THE PAYMENT OF COMPENSATION OF EMPLOYEES OF THE FEDERAL HOUSING ADMINISTRATION WHO ARE DETAILED OR ASSIGNED TO THE CONGRESSIONAL INVESTIGATING COMMITTEES CREATED BY THE SENATE AND HOUSE RESOLUTIONS MENTIONED IN YOUR LETTER. HOWEVER, IN VIEW OF ALL THE FACTS AND CIRCUMSTANCES APPEARING AND WITH THE UNDERSTANDING THAT THE PRACTICE WILL BE DISCONTINUED IMMEDIATELY, THIS OFFICE WILL NOT FURTHER QUESTION IN THE AUDIT OF ACCOUNTS OTHERWISE PROPER COMPENSATION PAYMENTS HERETOFORE MADE TO SUCH PERSONNEL.