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B-198103 1 (1981-02-19)

handle is hein.gao/gaobabjdg0001 and id is 1 raw text is: COMPTNOLL'h GENERAL OF THE UNITED STATES WASHINGTON O.C. B-198103 February 19, 1981 The Honorable Alan K. Simpson Chairman, Conittee on Veterans' Affairs United States Senate It IU. a to PlIF 1.... - Dear Mr. Chairman: This is in response to your concern as to whether the hiring freeze imposed by President Reagan on January 20, 1981, violates section 5010(a)(4) of title 38 of the United States Code. That section/requires the Director of the Office of Management and Budget, in each fiscal year, to provide to the Veterans' Administration the full funded personnel ceiling for which the Congress has appropriated funds for the year in three specified accounts. The hiring freeze, on the other hand, with some exceptions, precludes all Executive branch agen- cies from hiring any emp.loyees after January 20, 1981. As is our usual practice,Lwe requested the views of the concerned agencies--in this instance, the Office of Management and Budget (01B) and the Veterans' Administration4(VA). We have not yet received the formal written cormients of 0B. However,Lwe have been told informally that it is OMB's position that: 1. The Director of 0MB has already com- plied with the statute; 2. the temporary hiring freeze is not inconsistent with the full-time employee equivalent (FTE) certification because the VA could use all available staff years after the freeze is lifted; 3. the required certification does not limit the President's authority to impose a Government-wide hiring freeze; and 4. the certification requirement would be satisfied with a deferral report to the Congress delaying availability of some of the funds appropriated for medical care staffing, to be used later on to partially offset the need for a supplemental appropriation to cover the October 1, 1980, pay raise.-- In its resoonse to our inquirv the VA takes the position that 38 U.S.C. § 5010(a)(4) is an absolute mandate to OM13 to allow VA to fill all positions for which Congress has appropriated funds, and that the President does not have legal authority to prevent VA from hiring to fill those positionsD We agree with the Veterans Ad-ministration. For the reasons indicated below,Cit is our opinion that the presidential hirina freeze is not anolicable to the positions which the Congress has recluired to be released for fiscal year 1931. ,e also hold that the funds needed to fill these positions may not be deferred or otherwise withheld during .fiscal year 1931,

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