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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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