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B-133209 1 (1973-01-30)

handle is hein.gao/gaobaaegs0001 and id is 1 raw text is: RESTRICTED - N~ot to be released ctsid, the GQe~al x~c- Acceuntiug Office except on the hasis of specific apprqval by the Office of Congressional Relations, a record of which 13 0/5 Is kept by the Distribution Secton,O Publications Branchp A COMPTROLLER GENERAL OF THE UNITED SGA WASHINGTON. D.C. 20548 RELEASED B-133209 JAN J fJhe Honorable Phillip Burton House of Representatives Dear Mr. Burtonv In your letter of October 19, 1972, jointly signed by S'Congressman Les Aspin, you raised several legal questions. The following are the legal questions raised and our response to them: Detailing of Federal Employees to the White House I - On page 5 of your letter it is stated that absent specific authority to the contrary the narrow language of section 628, title 31 of the United States Code severely restricts the President's hiring or detailing power. The cited language reads as follows: Except as otherwise provided by law, sums appropriated for the various branches of expenditure and the public service shall be applied solely to the objects for which they are respectively made, and for no others. On page 6 the view is expressed that the detailing auth- ority of section 107 of title 3 of the United States Code does not contain authority or constitute a right to exceed limita- tions regarding the use of details. Following this statement these questions are posed: Would you also advise us therefore what the GAO 'now considers to be those specific Presidential or executive actions which are necessary to initiate or continue a 'detail' from another agency? What is the maximum duration of such a detail based on explicit or implicit history of the use of 'details'? Must there be a document in writing? Since the history of this detailing power also indicates its use has been restricted to permanent employees of agencies, does the GAO know of any con- verse authority (express or implied) that might allow

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