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B-133322, MAY 19, 1970

B-133322 May 19, 1970
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AUTHORITY TO AWARD SUFFICIENT AUTHORIZATION IS BELIEVED TO BE PROVIDED IN SUPREME COURT MISCELLANEOUS EXPENSES APPROPRIATIONS TO PERMIT ESTABLISHMENT OF INCENTIVE AWARDS PROGRAM FOR SUPREME COURT EMPLOYEES IN ABSENCE OF OTHER RESTRICTIONS AND AS LONG AS SAID APPROPRIATION CONTINUES TO CONTAIN UNRESTRICTED LANGUAGE AUTHORIZING FUNDS TO BE EXPENDED "AS CHIEF JUSTICE MAY APPROVE.". THAT THE BALANCE OF THE JUDICIARY IS NEITHER INCLUDED NOR EXCLUDED. THE REGULATIONS AND INSTRUCTIONS PRESCRIBED BY THE UNITED STATES CIVIL SERVICE COMMISSION TO CARRY OUT THE AGENCY AWARDS PROGRAM UNDER THAT AUTHORITY IN CHAPTER 451 OF THE FEDERAL PERSONNEL MANUAL 1969 ARE TO THE SAME EFFECT. IN THE ABSENCE OF OTHER RESTRICTIONS AND AS LONG AS THE MISCELLANEOUS EXPENSES APPROPRIATION FOR THE SUPREME COURT CONTINUES TO CONTAIN UNRESTRICTED LANGUAGE WHICH AUTHORIZES FUNDS TO BE EXPENDED "AS THE CHIEF JUSTICE MAY APPROVE" WE ARE OF THE OPINION THAT THE CHIEF JUSTICE WITHOUT FURTHER AUTHORIZATION MAY PROPERLY APPROVE PAYMENTS FROM SUCH APPROPRIATION TO ESTABLISH AND OPERATE AN INCENTIVE AWARDS PROGRAM FOR SUPREME COURT EMPLOYEES.

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B-133322, MAY 19, 1970

AWARDS--INCENTIVE--AUTHORITY TO AWARD SUFFICIENT AUTHORIZATION IS BELIEVED TO BE PROVIDED IN SUPREME COURT MISCELLANEOUS EXPENSES APPROPRIATIONS TO PERMIT ESTABLISHMENT OF INCENTIVE AWARDS PROGRAM FOR SUPREME COURT EMPLOYEES IN ABSENCE OF OTHER RESTRICTIONS AND AS LONG AS SAID APPROPRIATION CONTINUES TO CONTAIN UNRESTRICTED LANGUAGE AUTHORIZING FUNDS TO BE EXPENDED "AS CHIEF JUSTICE MAY APPROVE." CF. B-68974, SEPT. 16, 1947.

TO MR. LIPPITT:

CONSIDERATION HAS BEEN GIVEN TO THE LETTER DATED APRIL 24, 1970, FROM MR. ROBERT R. WILKINS, ASSISTANT MARSHAL IN WHICH HE REQUESTS A DECISION AS TO WHETHER THE LANGUAGE OF THE SUPREME COURT MISCELLANEOUS EXPENSES APPROPRIATION PROVIDES SUFFICIENT AUTHORIZATION TO PERMIT THE ESTABLISHMENT OF AN INCENTIVE AWARDS PROGRAM FOR SUPREME COURT EMPLOYEES.

THE LETTER OBSERVES THAT THE INCENTIVE AWARDS PROGRAM SET FORTH IN CHAPTER 45 OF TITLE 5 OF THE U.S.C. SPECIFICALLY AUTHORIZES SUCH A PROGRAM FOR THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, BUT THAT THE BALANCE OF THE JUDICIARY IS NEITHER INCLUDED NOR EXCLUDED. THE REGULATIONS AND INSTRUCTIONS PRESCRIBED BY THE UNITED STATES CIVIL SERVICE COMMISSION TO CARRY OUT THE AGENCY AWARDS PROGRAM UNDER THAT AUTHORITY IN CHAPTER 451 OF THE FEDERAL PERSONNEL MANUAL 1969 ARE TO THE SAME EFFECT.

THE LETTER ALSO OBSERVES THAT THE BUDGET OF THE UNITED STATES GOVERNMENT, 1971, APPENDIX, PAGE 39, FOR THE SUPREME COURT OF THE UNITED STATES PROVIDES UNDER "MISCELLANEOUS EXPENSES" "FOR MISCELLANEOUS EXPENSES, TO BE EXPENDED AS THE CHIEF JUSTICE MAY APPROVE * * *." SIMILAR LANGUAGE APPEARS IN THE CURRENT APPROPRIATION FOR THE MISCELLANEOUS EXPENSES OF THE SUPREME COURT AND HAS BEEN INCLUDED UNDER THAT HEADING FOR A NUMBER OF YEARS.

IN THE ABSENCE OF OTHER RESTRICTIONS AND AS LONG AS THE MISCELLANEOUS EXPENSES APPROPRIATION FOR THE SUPREME COURT CONTINUES TO CONTAIN UNRESTRICTED LANGUAGE WHICH AUTHORIZES FUNDS TO BE EXPENDED "AS THE CHIEF JUSTICE MAY APPROVE" WE ARE OF THE OPINION THAT THE CHIEF JUSTICE WITHOUT FURTHER AUTHORIZATION MAY PROPERLY APPROVE PAYMENTS FROM SUCH APPROPRIATION TO ESTABLISH AND OPERATE AN INCENTIVE AWARDS PROGRAM FOR SUPREME COURT EMPLOYEES. CF. B-68974 OF SEPTEMBER 16, 1947, TO THE THEN MARSHAL OF THE UNITED STATES SUPREME COURT.

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