B-88887, SEPTEMBER 26, 1949, 29 COMP. GEN. 146

B-88887, SEPTEMBER 26, 1949, 29 COMP. GEN. 146

APPROPRIATIONS - AVAILABILITY - ADMINISTRATIVE EXPENSES OF FIELD BOARDS OF EXAMINERS AND COMMITTEE OF EXPERT EXAMINERS FUNDS APPROPRIATED TO THE DEPARTMENT OF AGRICULTURE, WHILE NOT SPECIFICALLY AVAILABLE FOR EXPENSES IN CONNECTION WITH APPLICANT EXAMINING FUNCTIONS, MAY BE USED FOR THE EXPENSES OF CAF POSITIONS WHICH MUST BE ALLOCATED SPECIFICALLY TO AFFORD THE ADMINISTRATIVE ASSISTANCE REQUISITE TO THE EXAMINATION, CERTIFICATION, AND RECRUITMENT FUNCTIONS OF CIVIL SERVICE FIELD BOARDS OF EXAMINERS ESTABLISHED PURSUANT TO EXECUTIVE ORDER NO. 9830 AND, ALSO, FOR EXPENSES NECESSARILY INCIDENT TO SUCH ADMINISTRATIVE WORK; LIKEWISE, SIMILAR EXPENSES OF THE COMMITTEE OF EXPERT EXAMINERS IN THE DEPARTMENTAL SERVICE MAY BE PAID FROM SUCH APPROPRIATED FUNDS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, SEPTEMBER 26, 1949:

REFERENCE IS MADE TO LETTER DATED AUGUST 24, 1949, FROM THE ACTING SECRETARY OF AGRICULTURE, CONCERNING FIELD BOARDS OF UNITED STATES CIVIL SERVICE EXAMINERS, ESTABLISHED PURSUANT TO EXECUTIVE ORDER 9830, DATED FEBRUARY 24, 1947, AND REQUESTING TO BE ADVISED AS TO WHETHER FUNDS APPROPRIATED FOR YOUR DEPARTMENT MAY BE USED FOR THE EXPENSES OF CAF POSITIONS WHICH MUST BE ALLOCATED SPECIFICALLY TO AFFORD THE ADMINISTRATIVE ASSISTANCE REQUISITE TO THE EXAMINATION, CERTIFICATION, AND RECRUITMENT FUNCTIONS OF THE BOARDS AND, ALSO, WHETHER SUCH FUNDS ARE AVAILABLE FOR EXPENSES INCIDENTAL TO SUCH ADMINISTRATIVE WORK, SUCH AS POSTAGE AND EQUIPMENT.

CONSIDERATION OF THE QUESTIONS PRESENTED FOR DECISION INVOLVES PROVISIONS OF LAW SET FORTH IN THE LETTER AS FOLLOWS:

SECTION 1753 OF THE REVISED STATUTES (5 U.S.C. 631), AUTHORIZES THE PRESIDENT TO PRESCRIBE REGULATIONS FOR THE ADMISSION OF PERSONS INTO THE CIVIL SERVICE OF THE UNITED STATES. IT FURTHER AUTHORIZES HIM TO EMPLOY SUITABLE PERSONS TO CONDUCT INQUIRIES INTO THE FITNESS OF APPLICANTS AND TO PRESCRIBE THE DUTIES OF SUCH PERSONS.

SECTION 2 OF THE CIVIL SERVICE ACT OF JANUARY 16, 1883 (22 STAT. 403, 5 U.S.C. 632, ET SEQ.), CREATING THE CIVIL SERVICE COMMISSION PROVIDES, IN PART, THAT THE COMMISSION IS:

"FIRST, TO AID THE PRESIDENT, AS HE MAY REQUEST, IN PREPARING SUITABLE RULES FOR CARRYING THIS ACT INTO EFFECT, AND WHEN SAID RULES SHALL HAVE BEEN PROMULGATED IT SHALL BE THE DUTY OF ALL OFFICERS OF THE UNITED STATES IN THE DEPARTMENTS AND OFFICES TO WHICH ANY SUCH RULES MAY RELATE TO AID, IN ALL PROPER WAYS, IN CARRYING SAID RULES, AND ANY MODIFICATION THEREOF, INTO EFFECT.'

THE SECTION FURTHER PROVIDES THAT RULES PROMULGATED THEREUNDER SHALL, AMONG OTHER THINGS, PROVIDE FOR EXAMINATIONS FOR TESTING THE FITNESS OF APPLICANTS FOR THE PUBLIC SERVICE; ALSO, THAT THE COMMISSION, SUBJECT TO THE RULES MADE BY THE PRESIDENT, SHALL "MAKE REGULATIONS FOR, AND HAVE CONTROL OF, SUCH EXAMINATIONS, AND, THROUGH ITS MEMBERS OR THE EXAMINERS, IT SHALL SUPERVISE AND PRESERVE THE RECORDS OF THE SAME. . . .' ( ITALICS SUPPLIED). SECTION 3 OF THE ACT, 22 STAT. 404 PROVIDES, IN PART, THAT:

"THE COMMISSION SHALL . . . DESIGNATE AND SELECT A SUITABLE NUMBER OF PERSONS . . . IN THE OFFICIAL SERVICE OF THE UNITED STATES . . . AFTER CONSULTING THE HEAD OF THE DEPARTMENT OR OFFICE IN WHICH SUCH PERSONS SERVE, TO BE MEMBERS OF BOARDS OF EXAMINERS. . . . IT SHALL BE THE DUTY OF THE COLLECTOR, POSTMASTER AND OTHER OFFICERS OF THE UNITED STATES, AT ANY PLACE OUTSIDE THE DISTRICT OF COLUMBIA WHERE EXAMINATIONS ARE DIRECTED BY THE PRESIDENT OR BY SAID BOARD TO BE HELD, TO ALLOW THE REASONABLE USE OF THE PUBLIC BUILDINGS FOR HOLDING SUCH EXAMINATIONS, AND IN ALL PROPER WAYS TO FACILITATE THE SAME.'

SECTION 101.4 OF EXECUTIVE ORDER 9830, DATED FEBRUARY 24, 1947, PROVIDES, IN PART, AS FOLLOWS:

(A) IN ORDER TO PROMOTE THE EFFECTIVE RECRUITMENT AND PLACEMENT OF PERSONS FOR THE FEDERAL SERVICE, THE DEPARTMENTAL AND FIELD SERVICE RESOURCES OF THE FEDERAL AGENCIES MAY BE UTILIZED TO THE EXTENT PERMITTED BY LAW. AFTER CONSULTING THE AGENCY OR AGENCIES CONCERNED, THE COMMISSION MAY ESTABLISH IN THE DEPARTMENTAL SERVICE COMMITTEES OF EXAMINERS, EXPERT IN THEIR RESPECTIVE FIELDS, FOR SCIENTIFIC, PROFESSIONAL, OR TECHNICAL POSITIONS, AND IN THE FIELD SERVICE, BOARDS OF EXAMINERS FOR ANY POSITION. . . (C) THE DUTIES PERFORMED BY THE MEMBERS OF SUCH COMMITTEES OR BOARDS SHALL BE CONSIDERED PART OF THEIR OFFICIAL DUTIES AND ADEQUATE TIME SHALL BE ALLOWED FOR THEIR PERFORMANCE BY THE AGENCY IN WHICH THEY ARE EMPLOYED . . .

THE CIVIL SERVICE COMMISSION APPARENTLY CONSIDERS THAT THE APPROPRIATIONS OF THE VARIOUS DEPARTMENTS AND AGENCIES CONCERNED ARE AVAILABLE TO COVER THE EXPENSES OF BOARDS OF EXAMINERS ESTABLISHED PURSUANT TO SAID EXECUTIVE ORDER AS IT IS STATED IN THE LETTER THAT SECTION VII OF THE CIVIL SERVICE HANDBOOK X-102, GENERAL INSTRUCTIONS ON PROCEDURES FOR FILLING POSITIONS IN THE FIELD SERVICE THROUGH BOARDS OF U.S. CIVIL SERVICE EXAMINERS, PROVIDES THAT---

THE FIELD ESTABLISHMENT SERVED BY THE BOARD WILL PROVIDE SUCH PERSONNEL AS MAY BE NECESSARY TO CONDUCT THE BOARD'S OPERATIONS. AND THAT SECTION VIII PROVIDES THAT---

THE ESTABLISHMENT WILL ALSO BE RESPONSIBLE FOR PROVIDING OFFICE SPACE, EQUIPMENT AND NECESSARY SUPPLIES FOR THE BOARD.

HOWEVER, SINCE FUNDS PROVIDED IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1950, PUBLIC LAW 266, APPROVED AUGUST 24, 1949, 63 STAT. 635, TO THE CIVIL SERVICE COMMISSION, ARE EXPRESSLY AVAILABLE FOR EXPENSES OF EXAMINATIONS AND INVESTIGATIONS HELD IN WASHINGTON AND ELSEWHERE, AND IN VIEW OF THE WELL-ESTABLISHED RULE THAT AN APPROPRIATION FOR A SPECIFIC OBJECT OR PURPOSE IS AVAILABLE FOR THAT OBJECT OR PURPOSE TO THE EXCLUSION OF A MORE GENERAL APPROPRIATION, THE QUESTION ARISES AS TO WHETHER FUNDS APPROPRIATED FOR YOUR DEPARTMENT, AND NOT SPECIFICALLY AVAILABLE FOR EXPENSES OF EXAMINATIONS, MAY BE USED TO DEFRAY THE EXPENSES OF FIELD EXAMINING BOARDS.

IN CONNECTION WITH THE MATTER, IT APPEARS THAT THE CONGRESS HAS BEEN INFORMED THAT THE DEPARTMENT OF AGRICULTURE IS PERFORMING APPLICANT EXAMINING FUNCTIONS AS A NECESSARY INCIDENT TO PERSONNEL RECRUITMENT AND IS DEFRAYING THE COST INCIDENT TO SUCH FUNCTIONS FROM ITS ANNUAL APPROPRIATION. THIS IS INDICATED ON PAGE 133 OF THE HEARINGS BEFORE THE SUBCOMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, ON THE DEPARTMENT OF AGRICULTURE APPROPRIATION BILL FOR 1950, WHEREIN MR. T. ROY REID, DIRECTOR OF PERSONNEL, STATED AS FOLLOWS:

THE OFFICE OF PERSONNEL NOW IS CARRYING ON AN EXAMINING PROGRAM THROUGH AN EXAMINING COMMITTEE, AND FIELD EXAMINING BOARDS IN WHICH WE ARE DOING THE EXAMINING FOR POSITIONS THAT ARE PECULIAR TO THE DEPARTMENT OF AGRICULTURE, UNDER DELEGATED AUTHORITY FROM THE COMMISSION. WE DO THAT BECAUSE IT IS NECESSARY IN ORDER TO GET PEOPLE, AND TO GET THE CONVERSION OF OUR WAR-SERVICE EMPLOYEES TO PERMANENT STATUS. THIS HAS GIVEN US A VERY GREATLY INCREASED LOAD OF WORK IN THE PERSONNEL OFFICE.

ALSO, EXAMINATION OF THE HEARINGS ON THE INDEPENDENT OFFICES APPROPRIATION BILL FOR 1950, BEFORE THE HOUSE SUBCOMMITTEE ON APPROPRIATIONS, DISCLOSES THAT THE CONGRESS WAS AWARE OF THE FACT THAT VARIOUS OTHER EXECUTIVE DEPARTMENTS AND AGENCIES WERE USING APPROPRIATED FUNDS FOR SUCH PURPOSE. FOR EXAMPLE, SEE PART I OF THE HEARINGS, PAGES 1316 AND 1317, REGARDING THE FEDERAL COMMUNICATIONS COMMISSION; AND PART 2 OF THE HEARINGS, PAGES 76 AND 78, RELATING TO THE VETERANS ADMINISTRATION.

ACCORDINGLY, IT MAY BE CONCLUDED THAT THE CONGRESS INTENDED THAT APPROPRIATIONS FOR YOUR DEPARTMENT WERE TO BE AVAILABLE FOR THE EXPENSES OF CAF POSITIONS WHICH MUST BE ALLOCATED TO RENDER ADMINISTRATIVE ASSISTANCE TO FIELD EXAMINING BOARDS AND, ALSO, FOR EXPENSES NECESSARILY INCIDENT TO SUCH ADMINISTRATIVE WORK.

SINCE FUNCTIONS OF THE COMMITTEE OF EXPORT EXAMINERS--- MENTIONED IN THE LETTER--- WHICH HAS BEEN ESTABLISHED FOR USE IN THE DEPARTMENTAL SERVICE ARE IN ALL MATERIAL RESPECTS SIMILAR TO THOSE OF FIELD EXAMINING BOARDS, THE PRINCIPLES ABOVE STATED LIKEWISE ARE APPLICABLE TO SUCH COMMITTEE.