U.S. Trade Deficit Review Commission, File: B-283510, September 27, 1999

B-283510 Sep 27, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Trade Deficit Review Commission wishes to have an Export-Import Bank Executive Schedule Level IV employee detailed to the Commission to serve as executive director. Trade Deficit Review Commission (the Commission) to compensate an employee of the Export-Import Bank (the Bank) that the Commission would like to have detailed to it to serve as executive director. Your question arises because the individual in question is a career employee who occupies a position with the Bank paid at executive schedule level IV and the Commission is limited by statute to compensating its executive director and other staff members at no more than the rate payable for executive schedule level V. We believe the proposed arrangement is permissible under the Commission's statute. View Decision Matter of: U.S. Trade Deficit Review Commission File: B-283510 Date: September 27, 1999 DIGEST Ms. Kathleen J. Michels Administrative Officer U.S. Trade Deficit Review Commission Dear Ms. Michels: This responds to your August 25, 1999, letter requesting our opinion concerning the authority of the U.S. Trade Deficit Review Commission (the Commission) to compensate an employee of the Export-Import Bank (the Bank) that the Commission would like to have detailed to it to serve as executive director. Your question arises because the individual in question is a career employee who occupies a position with the Bank paid at executive schedule level IV and the Commission is limited by statute to compensating its executive director and other staff members at no more than the rate payable for executive schedule level V. Trade Deficit Review Commission Act, Pub. L. No. 105-277, Div. A, section 127(g)(3)(B). To comply with the compensation limitation, the Commission proposes to reimburse the Bank for the detailee's salary and benefits at the executive schedule V level, and the Bank would cover the additional amount payable for level IV. /1/ You ask whether we agree with the Commission's interpretation that its statutory authority would permit this arrangement. As explained below, we believe the proposed arrangement is permissible under the Commission's statute. The Trade Deficit Review Commission Act, Pub. L. No. 105-277, Div. A, section 127, 112 Stat. 2681-547 (1998), established the Commission to study the nature, causes, and consequences of the United States merchandise trade and current accounts deficits and report its findings to the President and the Congress. The Commission is composed of 12 members, 6 appointed by the President pro tempore of the Senate /2/ and 6 appointed by the Speaker of the House. /3/ Section 127(c)(3)(A). The members are to have expertise in specified fields and may not be officers or employees of the United States. Section 127(c)(3)(B). The members elect a chairperson and vice chairperson from among themselves. Section 127(c)(7). Subsection (g) of section 127 addresses commission personnel matters. Section 127(g)(3)(A) authorizes the Chairperson, without regard to the civil service laws and regulations, to appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. Pursuant to section 127(g)(3)(B), the Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, U.S. Code, relating to classification and pay rates, "except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule" under 5 U.S.C. Sec. 5316. Significant to the analysis here, section 127(g)(4) provides that "[a]ny Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege." /4/ A "detail" is the temporary assignment of an employee to a different position for a specified period, with the employee returning to his or her regular duties at the end of the detail. See B-224033, Jan. 30, 1987, and authorities cited therein. Ordinarily, unless a statute provides otherwise, the employee continues to be the incumbent of the position from which he or she is detailed and receives pay and benefits on that basis. B-224033, Jan. 30, 1987; 33 Comp. Gen. 577 (1954); and 24 Comp. Gen. 420 (1944). See also, B-221416, March 12, 1986, concerning an employee detailed to a state agency under the Intergovernmental Personnel Act. We have held that, except in certain limited circumstances, nonreimbursable interagency details are improper without statutory authority authorizing the detail on such basis. 64 Comp. Gen. 370, 380 (1985); and B-247348, June 22, 1992.