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B-199492 1 (1980-09-18)

handle is hein.gao/gaobadion0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O.C. 20549 tNITLO FILE: B-199492 DATE: September 18, 1980 MATTER OF: Robes for Administrative Law Judges of the Occupational Safety and Health Review Commission DIGEST: Administrative Law Judges of the Occupational Safety and Health Review Commission may be furnished robes or provided a uniform allow- ance therefor under 5 U.S.C. § 5901.if the head of the agency determines that they are required to wear them and assuming, as is now the case, that the Commission's funds are available for uniforms. The Director, Office of Financial Management, Occupational Safety and.Health Review Commission (Commission) has asked whether appropriated funds may-be-aeed to buy robes for Administrative Law Judgesg(ALJ's) to wear in the performance of their duties.. The authorization of employee uniform allowances is governed by the Federal Employees Uniform Allowance Act of 1954, as amended, 5 U.S.C. -5 5901-5903, by implementing regulations contained in Bureau of the Budget (now Office of Management and Budget (0MB)) Circular No. A-30, revised August 20, 1966,*/ and by decisions of this Office regarding employee uniform allowances, such as 35 Comp. Gen. 306 (1955). hese laws, regulations, and decisions establish two conditions that must be satisfied before uniforms may be furnished or uniform allowances paid. There must be an appropriation which is specifically made available for uniforms or uniform allowances (35 Comp. Gen. 306 (1955)), and (unless there is a statutory requirement) the agency or department head (or some official designated by him) must make a determination that employees are required to wear a uniform. 57 Comp. Gen. 379 (1978). The first condition is satisfied by the following provision of the current Commission appropriation: / Authority to prescribe regulations under the Act has been delegated to what is now the Office of Personnel Management (Exec. Ord. No. 11609, section 8(2), 36 Fed. Reg. 13747 (1971)) but pending action by that Office, the OMB Circular has remained in effect.

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