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B-221585 1 (1986-06-09)

handle is hein.gao/gaobadmiq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION oI THE UNITEI STATES WASHINGTON. 0. C. 20548 FILE: B-221585 MATTER OF: DIGEST: DATE: June 9, 1986 Nonreimbursable Transfer of Administrative Law Judges 1. Proposed transfer of 15 to 20 National Labor Relations Board administrative law judges to Department of Labor on nonreimburs- able basis under the authority in section 3344 of title 5, which provides for trans- fers, but does not indicate whether the transferring or receiving agency is to pay for the judges, is improper. Where a detail is authorized by statute, but the statute does not specifically authorize the detail to be carried out on a nonreimbursable basis, the detail cannot be done on that basis. Nonreimbursable details contravene the law that appropriations be spent only on the objects for which appropriated, 31 U.S.C. § 1301(a), and unlawfully augment the appro- priation of the receiving agency. 64 Comp. Gen. 370 (1985) affirmed. 2. Proposed detail of 15 to 20 administra- tive law judges (ALJs) from the National Labor Relations Board (Board) to the Depart- ment of Labor on a nonreimbursable basis for the remainaer of fiscal year 1986 does not conform to either of the exceptions in 64 Comp. Gen. 370 (1985) in which we gen- erally found nonreimbursable details to be improper. The exception where the detail has a negligible fiscal impact is a de minimus exception for administrative convenience where the detail is for a brief period and the number of persons and costs involved are minimal. The detail of 15 to 20 ALJs and the related amount of salary expenses far exceeds the de minimus standard we intended to estab- lish. Furthermore, the detail is not partic- ularly related to the purpose for which the Board's appropriations are provided. Thus the proposed nonreimbursable detail does not fall within the other exception set forth in 64 Comp. Gen. 370. C 0S:\/ / _0/o a

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