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B-201857 1 (1981-07-17)

handle is hein.gao/gaobabkda0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON M C. 20548 B-201857 July 17, 1981 The Honorable John D. Dingell Chairman, Committee on Energy and Commerce House of Representatives Dear Mr. Chairman: This is in response to your request for our opinion concerning the possibility that a payment by the Mountain States Legal Foundation (the Foundation), to Secretary of Interior, James Watt, would constitute an illegal salary supplement. We were also asked by Mr. Finnegan of the Committee staff to consider at the same time whether Secretary Watt's action with respect to proposed regulations, Waterland Power Regulations for Acreage Limitation (46 Fed. Reg. 12991, February 19, 1981), violated Secretary Watt's recusal statement to the Senate Committee on Energy and Natural Resources. '-Based on information supplied us on both questions by the Office of Etl vernmen , we find no basis to disagree with the conclusion -ffthat Office that the severance agreement did not constitute unlawful compensation of Secretary Watt and that the action with respect to the proposed regulations did not violate the Secretary's recusal agreement with the Senate Committee on Energy and Natural Resources. -_ Severance Pay Question The principle question concerning the post-employment payment arranged between the Foundation and Secretary Watt is whether it supplements Secre- tary Watt's salary in violation of 18 U.S.C. § 209(a) which provides: (a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or Whoever, whether an individual, partnership, association, corporation, or other organization pays, or makes any contribution to, or in any way supplements the salary of, any such officer or employee under circum- stances which would make its receipt a violation of this subsection- e /77M

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