B-156518, JUL 23, 1975

B-156518, JUL 23, 1975

SINCE APPROPRIATIONS MADE TO COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE HAVE APPARENTLY LAPSED, THEY CANNOT NOW BE OBLIGATED TO PAY FOR PRINTING OF INDEX TO COMMISSION DOCUMENTS. HOWEVER, IF GENERAL SERVICES ADMINISTRATION DETERMINES IT DESIRABLE TO HAVE INDEX PUBLISHED, ALTERNATIVE SOURCES OF FUNDING ARE SUGGESTED.

PRINTING OF INDEX FOR DOCUMENTS OF COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE:

AN AUTHORIZED CERTIFYING OFFICER (ACO) OF THE GENERAL SERVICES ADMINISTRATION (GSA) HAS REQUESTED OUR DECISION CONCERNING THE LEGAL AUTHORITY OF THE COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE (COMMISSION) TO ORDER PRINTING OF AN INDEX TO ITS PUBLICAIONS BY THE GOVERNMENT PRINTING OFFICE, AND WHETHER GSA MAY PROPERLY PAY FOR SUCH PRINTING ON BEHALF OF THE COMMISSION.

THE COMMISSION WAS CREATED BY THE ACT APPROVED MARCH 16, 1970, PUB. L. NO. 91-213, 84 STAT. 67, TO

"*** CONDUCT AND SPONSOR SUCH STUDIES AND RESEARCH AND MAKE SUCH RECOMMENDATIONS AS MAY BE NECESSARY TO PROVIDE INFORMATION AND EDUCATION TO ALL LEVELS OF GOVERNMENT IN THE UNITED STATES, AND TO OUR PEOPLE, REGARDING A BROAD RANGE OF PROBLEMS ASSOCIATED WITH POPULATION GROWTH AND THEIR IMPLICATIONS FOR AMERICA'S FUTURE."

SECTION 8 OF THE ACT REQUIRED THE COMMISSION TO SUBMIT ITS FINAL REPORT 2 YEARS AFTER THE DATE OF ENACTMENT AND PROVIDED THAT THE COMMISSION SHALL CEASE TO EXIST 60 DAYS AFTER THE DATE OF SUBMISSION OF ITS FINAL REPORT. THESE DATES APPEAR TO HAVE BEEN MET, AND THE ACO INCLUDED A LETTER FROM THE EXECUTIVE DIRECTOR OF THE COMMISSION TO THE PUBLIC PRINTER, DATED MAY 15, 1972, WHICH APPEARS TO BE THE FINAL DAY OF THE COMMISSION'S LEGAL EXISTENCE. BY THIS LETTER THE COMMISSION ALLOCATED (OBLIGATED) NOT TO EXCEED $75,000 TO COVER COSTS OF PRINTING A NUMBER OF COMMISSION DOCUMENTS. DETAILED IDENTIFICATION OF THE FUNDS THUS OBLIGATED WAS NOT MADE. A LIST OF ESTIMATED COSTS WAS ATTACHED TO THE MAY 15 LETTER AND INDICATED THE FIGURES USED IN IT WERE, TO THE EXTENT POSSIBLE, FIRM AS OF APRIL 14, 1972. THE REPORTS LISTED INCLUDED A POLICY REPORT, SUMMARY PAMPHLET, RESEARCH REPORTS, AND HEARINGS STATEMENTS. NEITHER THE MAY 15 LETTER NOR THE ATTACHED ESTIMATE OF COSTS REFERS TO PRINTING OF AN INDEX TO THESE DOCUMENTS. IN FACT, IT WAS NOT UNTIL MAY 15, 1972, THAT THE COMMISSION CONTRACTED FOR PREPARATION OF AN INDEX. SEE B-156518, MAY 14, 1974.

THE ACO STATES THAT THE COMMISSION'S FORMER ADMINISTRATIVE OFFICER HAS RECENTLY RECEIVED CAMERA COPY OF THE INDEX READY FOR PRINTING AND NOW WISHES TO PLACE AN ORDER WITH THE GOVERNMENT PRINTING OFFICE FOR ITS PRINTING, AT AN ESTIMATED COST OF $3,500.

APPROPRIATIONS WERE TWICE MADE FOR THE COMMISSION. BY THE SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1970 APPROVED JULY 6, 1970, PUB. L. NO. 91-305, 84 STAT. 376, 378; $965,000 WAS APPROPRIATED "TO REMAIN AVAILABLE UNTIL EXPENDED." BY THE ACT APPROVED AUGUST 10, 1971, PUB. L. NO. 92-78, 85 STAT. 271, 276, $650,000 WAS APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1972. THE ACO STATES THAT, UPON ITS EXPIRATION, THE COMMISSION RETURNED TO THE TREASURY AN AMOUNT SUFFICIENT TO COVER THE $3,500 EXPENDITURE NECESSARY FOR PRINTING OF THE INDEX. ACCORDING TO INFORMATION INFORMALLY PROVIDED TO US BY THE OFFICE OF MANAGEMENT AND BUDGET, THE UNOBLIGATED BALANCES OF BOTH COMMISSION APPROPRIATIONS WOULD BE SUFFICIENT FOR THIS EXPENDITURE. HOWEVER, IT FURTHER APPEARS THAT BOTH SUCH UNOBLIGATED BALANCES HAVE BEEN WITHDRAWN AND HAVE REVERTED TO THE GENERAL FUND OF THE TREASURY PURSUANT TO 31 U.S.C. SECS. 701 ET SEQ.

CLEARLY NO OBLIGATION HAD PREVIOUSLY BEEN INCURRED FOR PRINTING OF THE COMMISSION'S INDEX. THUS THERE IS NO OBLIGATED BALANCE FROM WHICH THE INSTANT PROPOSED EXPENDITURE COULD BE MADE; AND ANY WITHDRAWN UNOBLIGATED BALANCE FROM THE COMMISSION'S FISCAL YEAR 1972 APPROPRIATION COULD ONLY BE RESTORED TO LIQUIDATE OR ADJUST OBLIGATIONS INCURRED DURING THAT FISCAL YEAR. SEE GENERALLY 31 U.S.C.A. SEC. 701(A) AND (B) (POCKET PT., 1975). THE SITUATION IS SIMILAR WITH RESPECT TO THE COMMISSION'S NO-YEAR APPROPRIATION, IF OUR UNDERSTANDING THAT SUCH APPROPRIATION HAS ALSO BEEN WITHDRAWN IS CORRECT. IN THIS REGARD, 31 U.S.C. SEC. 706 (1970) PROVIDES:

"THE UNOBLIGATED BALANCES OF APPROPRIATIONS WHICH ARE NOT LIMITED TO A DEFINITE PERIOD OF TIME SHALL BE WITHDRAWN IN THE MANNER PROVIDED IN SECTION 701(A)(2) OF THIS TITLE WHENEVER THE HEAD OF THE AGENCY CONCERNED SHALL DETERMINE THAT THE PURPOSES FOR WHICH THE APPROPRIATION WAS MADE HAS BEEN FULFILLED; OR IN ANY EVENT, WHENEVER DISBURSEMENTS HAVE NOT BEEN MADE AGAINST THE APPROPRIATION FOR TWO FULL CONSECUTIVE FISCAL YEARS: PROVIDED, THAT AMOUNTS OF APPROPRIATIONS NOT LIMITED TO A DEFINITE PERIOD OF TIME WHICH ARE WITHDRAWN PURSUANT TO THIS SECTION OR WERE HERETOFORE WITHDRAWN FROM THE APPROPRIATION ACCOUNT BY ADMINISTRATIVE ACTION MAY BE RESTORED TO THE APPLICABLE APPROPRIATION ACCOUNT FOR THE PAYMENT OF OBLIGATIONS AND FOR THE SETTLEMENT OF ACCOUNTS."

THUS, ONCE THE UNOBLIGATED BALANCE OF A NO-YEAR APPROPRIATION HAS BEEN WITHDRAWN, IT TAKES ON THE CHARACTER OF A FIXED YEAR APPROPRIATION IN THAT RESTORATION CAN ONLY BE MADE TO LIQUIDATE OR ADJUST PRIOR OBLIGATIONS. NOTED PREVIOUSLY, THERE IS NO PRIOR YEAR OBLIGATION TO COVER PRINTING OF THE COMMISSION'S INDEX.

WE DO NOT DOUBT THAT PRINTING AND DISTRIBUTION OF THE INDEX FOR THE RESEARCH MATERIALS AND REPORTS COMPILED BY THE COMMISSION WOULD BE IN FURTHERANCE OF THE CONGRESSIONAL OBJECTIVES IN CREATING THE COMMISSION, QUOTED HEREINABOVE. HOWEVER, BASED ON THE FOREGOING, WE MUST CONCLUDE THAT NEITHER OF THE COMMISSION'S APPROPRIATIONS MAY NOW BE USED FOR THIS PURPOSE.

IN THE ALTERNATIVE, THE ADMINISTRATOR OF GENERAL SERVICES MIGHT CONSIDER THE APPROPRIATENESS OF HAVING THE INDEX PUBLISHED BY APPLICATION OF HIS AUTHORITY UNDER 44 U.S.C. SEC. 2105 (1970), WHICH PROVIDES IN PART:

"THE ADMINISTRATOR OF GENERAL SERVICES SHALL PROVIDE FOR THE PRESERVATION, ARRANGEMENT,*** DESCRIPTION, AND EXHIBITION OF RECORDS OR OTHER DOCUMENTARY MATERIAL TRANSFERRED TO HIM AS MAY BE NEEDFUL OR APPROPRIATE, INCLUDING THE PREPARATION AND PUBLICATION OF INVENTORIES, INDEXES, CATALOGS, AND OTHER FINDING AIDS OR GUIDES TO FACILITATE THEIR USE. ***"

IF AN INDEX IS AUTHORIZED BY THE ADMINISTRATOR, THE REGULAR APPROPRIATIONS AVAILABLE TO GSA FOR IMPLEMENTING 44 U.S.C. SEC. 2105 WOULD BE AVAILABLE FOR THE PRINTING THEREOF.