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B-182087-O.M. 1 (1975-11-26)

handle is hein.gao/gaobacslr0001 and id is 1 raw text is: 


                                                                     955
      3   / 2 O37-o.M
                             NOV 2 6            NOV  2; 87C

          Asaistant Direeter, OSD - Ted a*.ua.


          Asseeciate General Comasel - 1. Reary Barclay, Jr.



          Commission on Fedral Paperwrk--Cumpensation and Travel of
          Borrowed Professtonal Staff - 8-182087-0,4.


     This is  n response to yow undated memerndum captioned
Compensasten for Borrowed Professional Staff, md your subsequent
assorandm  dated September 29, 1975, captioned  Cmpeasaei and
Trawl  Reiabursement for Professional Staff Obtained from Other
Sources.  Both deal with the use of seavices of persons who are not 91
mployees  of the COMMssit  on ederal  PaDerva*  (Comission), which5n ,4
was established by Public Low No. 93-556,        2w 0- iT, l    efiiinaltmfter
refered to as the Act). Your memoranda raise six distinct probleas
which are dtscussed below.                                          I

     1.  The tIrst proble is whether there is any limitation an the
length of t   which an agenoy say detail an employee to the Cemission.
Seation 7(b) of the Act axthorizes the head of each department or agescy
of the Federal Goverament to provide to the Comisaion such services
as r*queated by the Comiesion on such basis,  reimbursable or other-
vise, as may be agreed upon. We view this section as providing
indepeadeat authority for the detail of such employees to the Comission.
Stne  the Act sontafts kependent authority for details to the Comission,
say litatos not contaiaed In the Act are   not applicable.  Section 7(b)X
of the Act contain, no expres time limitation.

     2.  The second problem proposes reAursement by the Covassion  to
the employee's agency of the detailed employe's basic pay, not
Including retirement, hospitalization, etc, Sectiou 7(b)(of the Act
expressly states that services vill be provided on such basis,
retabursable or otherwise, as may be agreed upon * * *. Therefore,
it such an agreement is entered into, we see no legal objectien to
the proposal.

     3.  The third problem deals with valocation expenses for Federal
exploysees detailed to the Comission. The Act contats no explicit
authority permitting the payment of relocation expeses to employees
of the Camssion,   Furthermore, if the Comission, is a leoislative
agency, it does net come vithin the scope of subehapter II. hapter 57,*'
title 5, United States Code, which contains the authority for payment


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