B-158371, JANUARY 10, 1967, 46 COMP. GEN. 604

B-158371, JANUARY 10, 1967, 46 COMP. GEN. 604

APPROPRIATIONS - AVAILABILITY - NEW PROJECTS - PRELIMINARY ADMINISTRATIVE FUNCTIONS PRIOR TO APPROPRIATIONS THEREFOR THE NEW DUTIES IMPOSED UPON THE NATIONAL SCIENCE FOUNDATION UNDER THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966 ARE SO RELATED TO THE BASIC RESEARCH AND EDUCATIONAL PURPOSES OF THE NATIONAL SCIENCE FOUNDATION, THAT EXPENDITURES INCIDENT TO THE NEW PROGRAM, WHICH WERE APPROVED TOO LATE TO PERMIT SUBMISSION OF A REQUEST FOR APPROPRIATIONS BEFORE THE ADJOURNMENT OF THE 89TH CONGRESS, MAY BE DEFRAYED FROM APPROPRIATIONS CURRENTLY AVAILABLE TO THE FOUNDATION.

TO THE DIRECTOR, NATIONAL SCIENCE FOUNDATION, JANUARY 10, 1967:

THIS IS IN REFERENCE TO YOUR LETTER OF DECEMBER 23, 1966, REQUESTING A DECISION WHETHER APPROPRIATIONS CURRENTLY AVAILABLE TO THE NATIONAL SCIENCE FOUNDATION MAY BE USED FOR THE PERFORMANCE OF PRELIMINARY TASKS INCIDENT TO THE ADMINISTRATION OF THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966, APPROVED OCTOBER 15, 1966, PUBLIC LAW 89-688, 80 STAT. 998. THE QUESTION ARISES BECAUSE PASSAGE OF THE ACT CAME TOO LATE TO PERMIT THE SUBMISSION OF A REQUEST FOR SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1967 BEFORE THE ADJOURNMENT OF THE 89TH CONGRESS.

SECTION 203 OF PUBLIC LAW 89-688, 33 U.S.C. 1122, PROVIDES IN PART "THE PROVISIONS OF THIS TITLE SHALL BE ADMINISTERED BY THE NATIONAL SCIENCE FOUNDATION * * *," AND SECTION 204 (G), 33 U.S.C. 1123 (G), PROVIDES THAT "EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, THE FOUNDATION SHALL, IN CARRYING OUT ITS FUNCTIONS UNDER THIS TITLE, HAVE THE SAME POWERS AND AUTHORITY IT HAS UNDER THE NATIONAL SCIENCE FOUNDATION ACT OF 1950 TO CARRY OUT ITS FUNCTIONS UNDER THAT ACT.'

THE FOLLOWING PARAGRAPHS QUOTED FROM YOUR LETTER SET FORTH THE PROBLEM PRESENTED FOR OUR CONSIDERATION:

IN PREPARATION FOR ADMINISTRATION OF THIS NEW PROGRAM THE FOUNDATION IS FACED WITH THE PERFORMANCE OF SUCH PRELIMINARY TASKS AS THE FORMULATION OF POLICIES TO GUIDE THE NEW PROGRAM, THE DEVELOPMENT OF PROGRAM PLANS, THE PREPARATION OF ANNOUNCEMENTS, THE ESTABLISHMENT OF CRITERIA FOR REVIEW AND EVALUATION OF PROPOSALS, THE DRAFTING AND ISSUANCE OF INTERNAL INSTRUCTIONS FOR THE PROCESSING OF GRANTS AND CONTRACTS AS MAY BE AWARDED, THE ESTABLISHMENT OF ORGANIZATIONAL UNITS TO ADMINISTER THE PROGRAM, THE ASSIGNMENT OF PERSONNEL TO ITS ACTIVITIES, ETC.

IN THE ACCOMPLISHMENT OF ALL THE AFOREMENTIONED FUNCTIONS, WE RECOGNIZE THAT THE ONLY APPROPRIATION AVAILABLE IS "SALARIES AND EXPENSES" APPROPRIATED TO THE FOUNDATION BY THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1967 APPROVED SEPTEMBER 6, 1966, PUBLIC LAW 89 555. THIS APPROPRIATION IS MADE AVAILABLE "FOR EXPENSES NECESSARY TO CARRY OUT THE PURPOSES OF THE NATIONAL SCIENCE FOUNDATION ACT OF 1950 AS AMENDED.' THIS ACT (PUBLIC LAW 81-507) CONFERS BROAD AUTHORITY UPON THE FOUNDATION TO STRENGTHEN BASIC RESEARCH AND EDUCATION IN THE SCIENCES AND AUTHORIZES THE FOUNDATION TO PERFORM FUNCTIONS THAT ARE IN MANY RESPECTS SIMILAR TO THOSE PROVIDED FOR BY THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT. WE WOULD, THEREFORE, APPRECIATE AN EXPRESSION OF YOUR VIEWS AS TO THE EXTENT TO WHICH APPROPRIATIONS CURRENTLY AVAILABLE TO THE FOUNDATION MAY BE USED FOR THE PERFORMANCE OF THOSE PRELIMINARY TASKS MENTIONED ABOVE, INCLUDING THE PREPARATION OF A BUDGET REQUEST TO THE CONGRESS FOR APPROPRIATIONS WITHIN THE LIMIT AUTHORIZED. FAILURE TO PROCEED WITH SUCH INITIAL ACTIONS COULD SUBJECT THE FOUNDATION TO SEVERE CRITICISM BY THE CONGRESS FOR FAILURE TO RESPOND EXPEDITIOUSLY AND ENTHUSIASTICALLY TO THE BROADENED SCOPE OF ACTIVITIES ENVISIONED BY THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT.

OUR OFFICE HAS UNIFORMLY HELD THAT EXISTING DEPARTMENT AND AGENCY APPROPRIATIONS WHICH GENERALLY COVER THE TYPE OF EXPENDITURES INVOLVED ARE AVAILABLE TO DEFRAY THE EXPENSES OF ADDITIONAL DUTIES IMPOSED UPON THEM BY PROPER LEGAL AUTHORITY. SEE 15 COMP. GEN. 167; 30 ID. 205; ID. 258; 32 ID. 347.

THE APPROPRIATION FOR THE FOUNDATION IS MADE "FOR EXPENSES NECESSARY TO CARRY OUT THE PURPOSES OF THE NATIONAL SCIENCE FOUNDATION ACT OF 1950 AS AMENDED.' ONE OF THE OBJECTIVES OF THE FOUNDATION IS TO STRENGTHEN BASIC RESEARCH AND EDUCATION IN THE SCIENCES. 42 U.S.C. 1862 (B). SIMILARLY, WITH RESPECT TO STRENGTHENING EDUCATION BUT LIMITED TO MARINE SCIENCE, THE PURPOSE OF THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966, AS STATED IN SECTION 202 (E) OF THE ACT, 33 U.S.C. 1121 (E), IS TO PROVIDE FOR THE ESTABLISHMENT OF A PROGRAM OF SEA GRANT COLLEGES AND EDUCATION, TRAINING, AND RESEARCH IN THE FIELDS OF MARINE SCIENCE, ENGINEERING, AND RELATED DISCIPLINES. IN THIS CONNECTION THE FOLLOWING STATEMENT APPEARS ON PAGE 3 OF S.REPT. NO. 1307, 89TH CONG., BY THE COMMITTEE ON LABOR AND PUBLIC WELFARE CONCERNING THE SEA GRANT COLLEGES LEGISLATION:

THE FOUNDATION IS NAMED TO ADMINISTER S. 2439'S PROGRAMS, SINCE IT IS AT PRESENT THE MOST APPROPRIATE ORGANIZATION FOR THIS PURPOSE. THE HEARINGS BROUGHT A CONSENSUS FOR THE FOUNDATION, DESPITE ITS TRADITIONAL EMPHASIS ON BASIC RESEARCH, BECAUSE IT PRESENTLY SUPPORTS OCEANOGRAPHIC PROJECTS IN SOME 18 UNIVERSITIES. IT IS ALSO HEAVILY INVOLVED IN SCIENCE EDUCATION PROGRAMS, AS EVIDENCED BY THE FACT THAT ITS 1966 BUDGET INCLUDES 27 PERCENT, OR $131 MILLION, FOR EDUCATION GRANTS TO UNIVERSITIES * * *.

AS INDICATED ABOVE, THE PURPOSES OF THE NATIONAL SCIENCE FOUNDATION ACT, FOR WHICH APPROPRIATIONS HAVE BEEN MADE AVAILABLE ENCOMPASS TO A LARGE EXTENT THE PURPOSE OF THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966. WE ARE THEREFORE OF THE VIEW THAT THE NEW DUTIES IMPOSED UPON THE FOUNDATION BY SUCH ACT BEAR A RELATIONSHIP TO THE PURPOSES FOR WHICH APPROPRIATIONS HAVE BEEN PROVIDED SUFFICIENT TO JUSTIFY THE USE OF SUCH APPROPRIATIONS FOR EXPENDITURES RELATED TO THE PRELIMINARY FUNCTIONS ENUMERATED IN YOUR LETTER.