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B-196197(RJH) 1 (1979-11-01)

handle is hein.gao/gaobabjgg0001 and id is 1 raw text is: 






                COMPTROLLER GENEtIcAL 01' THE UNirT'D STATES
                           WASEINGTON. D.C. 7543


 In reply r'fer to.November It 1979
 B-196197 (RJU)                l.me                 ,37



 The Honorable David Pryor                          J~t1, v
 Chairman, Subcommittee on
 Civil Service and General Services
 Committee on Governmental Affairs
 United States Senate

 Daar Hr. Chairman:

      We refer to your letter of September 18, 1979, enclosing
copies of letters from James 0. Lunsford and Harry C. Bean who
are employees of the American Forces Radio and Television Service
(AFRTS) in Europe. The employees are concerned with their
schnduled conversion from a nonappropriated fund status to a
General Schedule statun, and the effect such conversion will have
on their salaries, sicl leave, annual leave, and home leave.
                           S
      By way of background, the House Committee on Appropriations,
in its consideration of the 1979 Department of Defense Appropria-
tion Bill, recommended that AFRTS be retained as ai'apcopria.ed
fund activity. H.R. Rep. No. 95-1398, 95th'Cong.   42d Sees. 219.
Later, to encourage the Department of the Amy to terminate
nonappropriated funding nupport for the AFI(TS b6ei'ntions, the
House Cojmuittee recommended a reduction of 01,L:)Q,00O in ite 1980
budgct applied against the Operation and Maintenance Army account.
The Committee went on to state that if the employees were converted
from a nonappropriated fund status to an appropriated fund status
in the near future, it would be willing to entertain a
rzprograming or supplemental request to restore the $1,000,000.
H.R. Rep. No. 96-450, 96th Cong., 1st Seas. 83. Thus, the
Department of the Army action is a direct result of the Committ'te
action.

     The letter from Hr. Lunsford indicates that the loss of
employee benefits is based on a decision of the Comptroller
General, which will require legislative action to set aside.
This is not entirely accurate since legislation to afford relief
to the employees involved is aiecessary because of the law rather
than the iuiterpretation of the la   in the. decision referred to,
37 Comp. Gen. 671 (1958).   In the cited decision it was held
that employees of the Army and Air Force'Motion Picture Service,
a nonappropriated fund activity, tiara not subject to the Civil


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