B-202558 L/M, JUL 8, 1982, OFFICE OF GENERAL COUNSEL

B-202558 L/M, JUL 8, 1982, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

SFC WILLIAM M. REEVES:

THIS IS IN RESPONSE TO YOUR INQUIRY CONCERNING THE AUTHORITY OF THE MILITARY SERVICES TO PROVIDE SUPPORT FOR PRIVATE ASSOCIATIONS SUCH AS THE BOY SCOUTS, RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS AND MILITARY- RELATED ASSOCIATIONS, SUCH AS THE ASSOCIATION OF THE UNITED STATES ARMY. ASIDE FROM CERTAIN ENGINEERING AND COMMUNICATIONS ASSISTANCE PROVIDED FOR THE 10TH NATIONAL SCOUT JAMBOREE OF THE BOY SCOUTS OF AMERICA, THE PRECISE NATURE OF THE MILITARY SUPPORT TO THESE PRIVATE ASSOCIATIONS WAS NOT SET FORTH. NEVERTHELESS, WE CAN PROVIDE SOME GENERAL INFORMATION RELATED TO YOUR CONCERNS.

IN SUMMARY, THE DEPARTMENT OF DEFENSE IS AUTHORIZED BY STATUTE TO PROVIDE SERVICES, INCLUDING ENGINEERING AND COMMUNICATIONS SERVICES, TO THE BOY SCOUTS ON A NONREIMBURSABLE BASIS, PAYABLE OUT OF THE REGULAR OPERATIONAL BUDGETS OF THE MILITARY INSTALLATIONS INVOLVED. HOWEVER, ANY EQUIPMENT LOANED OR TRANSPORTATION PROVIDED TO THE BOY SCOUTS MUST BE FURNISHED AT NO EXPENSE TO THE U. S. GOVERNMENT. IN ADDITION, A MILITARY DEPARTMENT IS AUTHORIZED BY STATUTE, UNDER CONDITIONS PRESCRIBED BY THE SECRETARY, TO LEND CERTAIN PROPERTY TO RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS FOR USE AT THEIR NATIONAL OR STATE CONVENTIONS OR NATIONAL YOUTH ATHLETIC OR RECREATION TOURNAMENTS. THE VETERANS' ORGANIZATION MUST BEAR ANY EXPENSES INCURRED BY THE UNITED STATES IN THE DELIVERY AND RETURN OF THE PROPERTY, BUT THE MILITARY DEPARTMENTS MAY PERMIT THE USE OF UNOCCUPIED BARRACKS UNDER CONDITIONS PRESCRIBED BY THE SECRETARY. FINALLY, ALTHOUGH WE ARE NOT AWARE OF COMPARABLE EXPLICIT STATUTORY PROVISIONS AUTHORIZING DEPARTMENT OF DEFENSE ASSISTANCE TO SUCH MILITARY-RELATED PRIVATE ASSOCIATIONS AS THE ASSOCIATION OF THE UNITED STATES ARMY, WE HAVE NO INFORMATION PLACING THE PROPRIETY OF DEPARTMENTAL ACTIVITIES INTO QUESTION. A MORE DETAILED ANALYSIS FOLLOWS.

BOY SCOUTS

THE BOY SCOUTS OF AMERICA IS A CORPORATION CHARTERED BY FEDERAL STATUTE. 36 U.S.C. SEC. 21 ET SEQ. (1976). AMONG ITS PURPOSES IS "TO PROMOTE *** THE ABILITY OF BOYS TO DO THINGS FOR THEMSELVES AND OTHERS, *** AND TO TEACH THEM PATRIOTISM, COURAGE, SELF-RELIANCE, AND KINDRED VIRTUES ***." 36 U.S.C. SEC. 23.

"IT HAS BEEN TRADITIONAL FOR THE GOVERNMENT TO ASSIST THE BOY SCOUTS OF AMERICA WITH THEIR NATIONAL AND INTERNATIONAL JAMBOREES." H.R.REP. NO. 92-670, 92D CONG., 1ST SESS. 3 (1971) AND S.REP. NO. 92-631, 92D CONG., 2D SESS. 3 (1972). PRIOR TO THE ENACTMENT OF PERMANENT LEGISLATION IN 1972, ON A CASE BY CASE BASIS THE "CONGRESS *** PASSED ENABLING LEGISLATION PROVIDING FOR THE LOAN OF EQUIPMENT AND PROVISION OF SERVICES FOR SEVEN PREVIOUS NATIONAL JAMBOREES AND FOR PARTICIPATION OF AMERICAN SCOUTS IN THREE WORLD JAMBOREES." H.R.REP. NO. 92-670, SUPRA, AT 2, AND S.REP. NO. 92-631, SUPRA, AT 2.

EXISTING PERMANENT LEGISLATION, CODIFIED AT 10 U.S.C. SEC. 2544 (1976), PROVIDES:

"(A) THE SECRETARY OF DEFENSE IS HEREBY AUTHORIZED, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, TO LEND TO THE BOY SCOUTS OF AMERICA, FOR THE USE AND ACCOMMODATION OF SCOUTS, SCOUTERS, AND OFFICIALS WHO ATTEND ANY NATIONAL OR WORLD BOY SCOUT JAMBOREE, SUCH COTS, BLANKETS, COMMISSARY EQUIPMENT, FLAGS, REFRIGERATORS, AND OTHER EQUIPMENT AND WITHOUT REIMBURSEMENT, FURNISH SERVICES AND EXPENDABLE MEDICAL SUPPLIES, AS MAY BE NECESSARY OR USEFUL TO THE EXTENT THAT ITEMS ARE IN STOCK AND ITEMS OR SERVICES ARE AVAILABLE.

"(B) SUCH EQUIPMENT IS AUTHORIZED TO BE DELIVERED AT SUCH TIME PRIOR TO THE HOLDING OF ANY NATIONAL OR WORLD BOY SCOUT JAMBOREE, AND TO BE RETURNED AT SUCH TIME AFTER THE CLOSE OF ANY SUCH JAMBOREE, AS MAY BE AGREED UPON BY THE SECRETARY OF DEFENSE AND THE BOY SCOUTS OF AMERICA. NO EXPENSE SHALL BE INCURRED BY THE UNITED STATES GOVERNMENT FOR THE DELIVERY, RETURN, REHABILITATION, OR REPLACEMENT OF SUCH EQUIPMENT.

"(C) THE SECRETARY OF DEFENSE, BEFORE DELIVERING SUCH PROPERTY, SHALL TAKE FROM THE BOY SCOUTS OF AMERICA, GOOD AND SUFFICIENT BOND FOR THE SAFE RETURN OF SUCH PROPERTY IN GOOD ORDER AND CONDITION, AND THE WHOLE WITHOUT EXPENSE TO THE UNITED STATES.

"(D) THE SECRETARY OF DEFENSE IS HEREBY AUTHORIZED UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, TO PROVIDE, WITHOUT EXPENSE TO THE UNITED STATES GOVERNMENT, TRANSPORTATION FROM THE UNITED STATES OR MILITARY COMMANDS OVERSEAS, AND RETURN, ON VESSELS OF THE MILITARY SEALIFT COMMAND OR AIRCRAFT OF THE MILITARY AIRLIFT COMMAND FOR (1) THOSE BOY SCOUTS, SCOUTERS, AND OFFICIALS CERTIFIED BY THE BOY SCOUTS OF AMERICA, AS REPRESENTING THE BOY SCOUTS OF AMERICA AT ANY NATIONAL OR WORLD BOY SCOUT JAMBOREE, AND (2) THE EQUIPMENT AND PROPERTY OF SUCH BOY SCOUTS, SCOUTERS, AND OFFICIALS AND THE PROPERTY LOANED TO THE BOY SCOUTS OF AMERICA, BY THE SECRETARY OF DEFENSE PURSUANT TO THIS SECTION TO THE EXTENT THAT SUCH TRANSPORTATION WILL NOT INTERFERE WITH THE REQUIREMENTS OF MILITARY OPERATIONS.

"(E) BEFORE FURNISHING ANY TRANSPORTATION UNDER SUBSECTION (D), THE SECRETARY OF DEFENSE SHALL TAKE FROM THE BOY SCOUTS OF AMERICA, A GOOD AND SUFFICIENT BOND FOR THE REIMBURSEMENT TO THE UNITED STATES BY THE BOY SCOUTS OF AMERICA, OF THE ACTUAL COSTS OF TRANSPORTATION FURNISHED UNDER THIS SECTION.

"(F) AMOUNTS PAID TO THE UNITED STATES TO REIMBURSE IT FOR EXPENSES INCURRED UNDER SUBSECTION (B) AND FOR THE ACTUAL COSTS OF TRANSPORTATION FURNISHED UNDER SUBSECTION (D) SHALL BE CREDITED TO THE CURRENT APPLICABLE APPROPRIATIONS OR FUNDS TO WHICH SUCH EXPENSES AND COSTS WERE CHARGED AND SHALL BE AVAILABLE FOR THE SAME PURPOSES AS SUCH APPROPRIATIONS OR FUNDS.

"(G) OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT ARE AUTHORIZED, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY THEROF, TO PROVIDE TO THE BOY SCOUTS OF AMERICA, EQUIPMENT AND OTHER SERVICES, UNDER THE SAME CONDITIONS AND RESTRICTIONS PRESCRIBED IN THE PRECEDING SUBSECTIONS FOR THE SECRETARY OF DEFENSE."

THUS THIS STATUTE SPECIFICALLY AUTHORIZES THE DEPARTMENT OF DEFENSE AND OTHER DEPARTMENTS OF THE GOVERNMENT, UNDER SUCH REGULATIONS AS THE SECRETARY OF DEFENSE MAY PRESCRIBE, TO FURNISH SERVICES AND EXPENDABLE MEDICAL SUPPLIES TO THE BOY SCOUTS WITHOUT REIMBURSEMENT, TO THE EXTENT THAT ITEMS OR SERVICES ARE AVAILABLE, ALTHOUGH EQUIPMENT LOANED OR TRANSPORTATION PROVIDED MUST BE FURNISHED AT NO EXPENSE TO THE U. S. GOVERNMENT.

THE HOUSE AND SENATE REPORTS ON THE LEGISLATION DELINEATE MORE CLEARLY THE NATURE OF THE SERVICES THAT MAY BE PROVIDED AND THE SOURCES FROM WHICH THEY ARE TO BE FUNDED:

"THE SERVICES TO BE FURNISHED UNDER AUTHORIZATION OF THE BILL WOULD TYPICALLY BE COMMUNICATIONS, MEDICAL, ENGINEERING, PROTECTIVE, AND LOGISTIC. ***

"UNDER THE GENERAL TERMS OF THE BILL SUCH EQUIPMENT AND PROVISIONS AS THE FOLLOWING TYPES OF SUPPORT WHICH HAVE BEEN PROVIDED IN THE PAST COULD BE MADE AVAILABLE:

"(1) SPECIALIZED EQUIPMENT FOR ADMINISTRATIVE SUPPORT AND THE OPERATION OF SUCH EQUIPMENT.

"(2) PERSONNEL FOR SECURITY, ACCOUNTING AND ORGANIZATIONAL MAINTENANCE OF THE EQUIPMENT LOANED.

"(3) ADMINISTRATIVE SUPPORT PERSONNEL SUCH AS SUPERVISORS, MEDICAL AND DENTAL TECHNICIANS, MILITARY POLICE, AND BANDSMEN.

"(4) TEMPORARY DUTY AND PER DIEM COSTS OF THE FOREGOING SUPPORT PERSONNEL AS AUTHORIZED BY LAW.

"*** THE SERVICES TO BE PROVIDED ARE NONREIMBURSABLE AND, IN ADDITION, THERE WILL BE SOME ADMINISTRATIVE COSTS TO THE DEPARTMENT OF DEFENSE IN THE PROCESS OF SHIPMENTS AND INSPECTION OF RETURNED EQUIPMENT. HOWEVER, THESE EXPENSES WOULD BE NOMINAL AND IT IS BELIEVED THEY CAN BE ABSORBED WITHIN THE REGULAR OPERATIONAL BUDGETS OF THE MILITARY INSTALLATIONS INVOLVED."

H.R.REP. NO. 92-670, SUPRA, AT 2 AND 3, AND S.REP. NO. 92-631, SUPRA, AT 1 AND 2.

THUS NONREIMBURSABLE SERVICES WHICH MAY BE FURNISHED TO THE BOY SCOUTS INCLUDE COMMUNICATIONS, ENGINEERING AND LOGISTIC SERVICES, AND THEY ARE TO BE FUNDED OUT OF THE REGULAR OPERATIONAL BUDGETS OF THE MILITARY INSTALLATIONS INVOLVED.

IN LIGHT OF THIS STATUTE AND ITS LEGISLATIVE HISTORY, INCLUDING COMMUNICATIONS, ENGINEERING AND LOGISTIC SERVICES AS NONREIMBURSABLE SERVICES WHICH MAY BE FURNISHED THE BOY SCOUTS OUT OF MILITARY OPERATIONAL BUDGETS, THE EXPENDITURES BY THE MILITARY FOR COMMUNICATIONS AND ENGINEERING ASSISTANCE PROVIDED THE 10TH NATIONAL JAMBOREE OF THE BOY SCOUTS OF AMERICA APPEAR TO BE APPROPRIATE. FOR YOUR FURTHER INFORMATION WE HAVE ENCLOSED A COPY OF THE DEPARTMENT OF THE ARMY REGULATIONS WITH RESPECT TO THE BOY SCOUTS, 32 C.F.R. SEC. 621.4.

RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS

THE MILITARY DEPARTMENTS ALSO HAVE SPECIFIC LEGISLATION AUTHORIZING CERTAIN KINDS OF ASSISTANCE TO RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS. IT PROVIDES:

"(A) THE SECRETARY OF A MILITARY DEPARTMENT, UNDER CONDITIONS PRESCRIBED BY HIM, MAY LEND COTS, BLANKETS, PILLOWS, MATTRESSES, BED SACKS, AND OTHER SUPPLIES UNDER THE JURISDICTION OF THAT DEPARTMENT TO ANY RECOGNIZED NATIONAL VETERANS' ORGANIZATION FOR USE AT ITS NATIONAL OR STATE CONVENTION OR NATIONAL YOUTH ATHLETIC OR RECREATION TOURNAMENT. HE MAY, UNDER CONDITIONS PRESCRIBED BY HIM, ALSO PERMIT THE ORGANIZATION TO USE UNOCCUPIED BARRACKS UNDER THE JURISDICTION OF THAT DEPARTMENT FOR SUCH AN OCCASION.

"(B) PROPERTY LENT UNDER SUBSECTION (A) MAY BE DELIVERED ON TERMS AND AT TIMES AGREED UPON BY THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED AND REPRESENTATIVES OF THE VETERANS' ORGANIZATION. HOWEVER, THE VETERANS' ORGANIZATION MUST DEFRAY ANY EXPENSES INCURRED BY THE UNITED STATES IN THE DELIVERY, RETURN, REHABILITATION, OR REPLACEMENT OF THAT PROPERTY, AS DETERMINED BY THE SECRETARY.

"(C) THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED SHALL REQUIRE A GOOD AND SUFFICIENT BOND FOR THE RETURN IN GOOD CONDITION OF PROPERTY LENT OR USED UNDER SUBSECTION (A)." 10 U.S.C. SEC. 2541 (1976).

UNDER THIS STATUTE A MILITARY DEPARTMENT IS AUTHORIZED, UNDER CONDITIONS PRESCRIBED BY THE SECRETARY, TO LEND CERTAIN PROPERTY TO RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS FOR USE AT THEIR NATIONAL OR STATE CONVENTIONS OR NATIONAL YOUTH ATHLETIC OR RECREATION TOURNAMENTS. THE VETERANS' ORGANIZATIONS MUST BEAR ANY EXPENSES INCURRED BY THE UNITED STATES IN THE DELIVERY AND RETURN OF THE PROPERTY, BUT A MILITARY DEPARTMENT MAY PERMIT THE USE OF UNOCCUPIED BARRACKS UNDER CONDITIONS PRESCRIBED BY THE SECRETARY. FOR YOUR FURTHER INFORMATION WE HAVE ENCLOSED A COPY OF THE DEPARTMENT OF THE ARMY'S REGULATIONS WITH RESPECT TO ASSISTANCE TO RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS, 32 C.F.R. SEC. 621.1. VETERANS ADMINISTRATION BULLETIN 23-T, THE LIST OF RECOGNIZED NATIONAL VETERANS' ORGANIZATIONS, IS ALSO ENCLOSED.

MILITARY-RELATED PRIVATE ASSOCIATIONS

WE ARE NOT AWARE OF ANY SIMILAR EXPLICIT STATUTORY AUTHORITY FOR MILITARY DEPARTMENT SUPPORT OF MILITARY-RELATED PRIVATE ASSOCIATIONS, SUCH AS THE ASSOCIATION OF THE UNITED STATES ARMY. HOWEVER, THIS DOES NOT IMPLY THAT ASSISTANCE IS IMPROPER. POSSIBLY MORE GENERAL PROVISIONS OF LAW COULD SUPPORT SOME FORMS OF ASSISTANCE. WHETHER ADEQUATE AUTHORIZATION EXISTS FOR SUPPORT OF A MILITARY-RELATED PRIVATE ASSOCIATION WOULD THUS DEPEND ON THE TYPE AND NATURE OF THE ASSISTANCE PROVIDED. WE DO NOT KNOW THE TYPE AND NATURE OF MILITARY DEPARTMENT SUPPORT THAT MAY HAVE BEEN PROVIDED TO MILITARY-RELATED PRIVATE ASSOCIATIONS. ACCORDINGLY, WE HAVE NO INFORMATION PLACING THE PROPRIETY OF DEPARTMENTAL ACTIVITIES INTO QUESTION.

WE HOPE THIS INFORMATION HAS BEEN HELPFUL.