B-40885, APRIL 1, 1944, 23 COMP. GEN. 744

B-40885, APRIL 1, 1944, 23 COMP. GEN. 744

COMPENSATION - DOUBLE - LEAVES OF ABSENCE - CONCURRENT EMPLOYMENT BY FEDERAL GOVERNMENT AND UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION THE RECEIPT OF COMPENSATION BY AN EMPLOYEE OF THE SECURITIES AND EXCHANGE COMMISSION WHILE ON TERMINAL ANNUAL LEAVE FROM THAT AGENCY CONCURRENTLY WITH RECEIPT OF COMPENSATION AS AN EMPLOYEE OF THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION--- AN INTERNATIONAL AGENCY--- WOULD NOT CONTRAVENE THE DUAL COMPENSATION STATUTE OF 1916, IT BEING ASSUMED THAT IF AND WHEN FUNDS ARE PROVIDED FOR BY CONGRESS FOR THIS COUNTRY'S PARTICIPATION IN THE ADMINISTRATION SUCH FUNDS WILL BE INTERMINGLED WITH GRANTS MADE BY OTHER ALLIED UNITED NATIONS AND, AS SUCH, WILL LOSE THEIR STATUS AS FEDERAL FUNDS.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, SECURITIES AND EXCHANGE COMMISSION, APRIL 1, 1944:

I HAVE YOUR LETTER OF MARCH 21, 1944, AS FOLLOWS:

ON MARCH 6, 1944, AN EMPLOYEE OF THE SECURITIES AND EXCHANGE COMMISSION VOLUNTARILY TRANSFERRED TO THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION, WHICH AGENCY, ACCORDING TO OUR INFORMATION, DOES NOT COME WITHIN THE PURVIEW OF THE UNIFORM LEAVE REGULATIONS.

WHEN THIS EMPLOYEE DISCONTINUED HIS ACTIVE SERVICE WITH THE COMMISSION HE HAD TO HIS CREDIT, 77 DAYS AND 7 HOURS ANNUAL LEAVE. HE HAS SUBMITTED AN APPLICATION FOR THIS LEAVE ON THE BASIS THAT THE PAYMENT THEREOF FROM APPROPRIATIONS AVAILABLE TO THIS COMMISSION, DURING THE SAME PERIOD THAT HE IS RECEIVING PAY FROM THE ABOVE MENTIONED ADMINISTRATION, WOULD NOT CONSTITUTE A VIOLATION OF THE DUAL COMPENSATION LAWS. IN YOUR DECISION OF FEBRUARY 2, 1942 (1944), (B 39634) (23 COMP. GEN. 564) IT WAS HELD THAT "THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION--- AN INTERNATIONAL AGENCY--- DOES NOT COME WITHIN THE TERMS OF AN "EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT, OR ANY BUREAU OR OFFICE THEREOF AS THOSE TERMS ARE USED IN SECTION 601 OF THE ECONOMY ACT AS AMENDED * * *.'

I WOULD APPRECIATE YOUR ADVICE AS TO WHETHER IT WOULD BE PROPER FOR THE SECURITIES AND EXCHANGE COMMISSION TO CARRY THIS EMPLOYEE ON ITS PAYROLL IN A PAY STATUS FOR THE DURATION OF THE ANNUAL LEAVE FOR WHICH HE HAS MADE APPLICATION, WHILE HE IS DRAWING COMPENSATION FROM THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION.

SECTION 58, TITLE 5, U.S. CODE, PROVIDES:

DOUBLE SALARIES.

UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM. (1MAY 10, 1916, CH. 117, SEC. 6, 39 STAT. 20; AUGUST 29, 1916, CH. 417, 39 STAT. 582).

THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION "IS AN INTERNATIONAL AGENCY, CREATED ON NOVEMBER 9, 1943, THROUGH THE SIGNING OF AN AGREEMENT AT THE WHITE HOUSE BY THE UNITED NATIONS AND OTHER NATIONS ASSOCIATED WITH THEM IN THE WAR," AND THE "OPERATING FUNDS OF THE ORGANIZATION ARE CONTRIBUTED BY THE MEMBER NATIONS WHICH HAVE NOT BEEN INVADED. THE COUNCIL HAS RECOMMENDED AS A BASIS FOR THE CONTRIBUTION OF SUCH NATIONS ONE PERCENT OF THEIR NATIONAL INCOME FOR THE YEAR ENDING JUNE 30, 1943$ ADMINISTRATIVE EXPENSES, ON THE OTHER HAND, ARE SHARED BY ALL MEMBER GOVERNMENTS.' (QUOTING FROM UNITED STATES GOVERNMENT MANUAL, WINTER 1943-44).

I DO NOT FIND THAT ANY APPROPRIATION HAS BEEN MADE BY THE CONGRESS FOR PARTICIPATION BY THE UNITED STATES IN THE WORK OF THE ADMINISTRATION OR THAT ANY ALLOTMENTS OF EXISTING APPROPRIATED FUNDS HAVE BEEN MADE THERETO. (SEE H.J. RES. 192, NOW RECEIVING THE CONSIDERATION OF THE PRESIDENT ( PUBLIC LAW 267, MARCH 28, 1944, 58 STAT. 122) ). HENCE, ANY PAYMENT NOW BEING MADE TO THE INVOLVED EMPLOYEE BY THE ADMINISTRATION DOES NOT INVOLVE FEDERALLY APPROPRIATED FUNDS. IT IS ASSUMED, TOO, THAT IF AND WHEN FUNDS ARE PROVIDED FOR BY THE CONGRESS FOR THIS COUNTRY'S PARTICIPATION IN THE ADMINISTRATION, SUCH FUNDS WILL BE INTERMINGLED WITH GRANTS MADE BY OTHER ALLIED UNITED NATIONS AND, AS SUCH, WILL LOSE THEIR STATUS AS FEDERAL FUNDS. COMPARE 14 COMP. GEN. 916; 16 ID. 613, 776.

IN THE LIGHT OF THE FOREGOING, THE CONCURRENT RECEIPT OF COMPENSATION FROM THE SECURITIES AND EXCHANGE COMMISSION FOR THE ACCRUED LEAVE AND COMPENSATION FOR SERVICES RENDERED TO THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION WOULD NOT CONTRAVENE THE PROVISIONS OF 5 U.S.C. 58, SUPRA. HENCE, THE QUESTION POSED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.