B-119004, MARCH 8, 1954, 33 COMP. GEN. 384

B-119004, MARCH 8, 1954, 33 COMP. GEN. 384

DEPARTMENTS AND ESTABLISHMENTS - LIQUIDATION - COMMISSION ON FOREIGN ECONOMIC POLICY THE COMMISSION ON FOREIGN ECONOMIC POLICY, WHICH WAS ESTABLISHED BY TITLE III OF THE TRADE AGREEMENTS EXTENSION ACT OF 1953, TRANSMITTED OFFICIAL REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE CONGRESS ON JANUARY 23, 1954, AND THEREFORE UNDER SECTION 308 OF THE ACT, WHICH PROVIDES THAT THE COMMISSION SHALL CEASE TO EXIST 90 DAYS AFTER SUBMISSION OF ITS REPORT TO THE CONGRESS, THE LATEST DAY OF THE LEGAL EXISTENCE OF THE COMMISSION IS APRIL 23, 1954, NOTWITHSTANDING MINORITY REPORT OF COMMISSION WAS NOT SUBMITTED TO CONGRESS UNTIL JANUARY 30, 1954, OR THAT CERTAIN MATERIAL IN FORM OF SUPPLEMENT TO REPORT OF JANUARY 23, 1954, IS IN PROCESS OF BEING PUBLISHED. OBLIGATIONS INCURRED BY THE COMMISSION ON FOREIGN ECONOMIC POLICY DURING THE LIFE OF THE COMMISSION MAY BE PAID DURING THE TIME FUNDS APPROPRIATED TO THE COMMISSION ARE AVAILABLE FOR EXPENDITURE, HOWEVER AFTER THE DATE THE COMMISSION CEASES TO EXIST, IN THE ABSENCE OF OTHER APPROPRIATE PROVISIONS FOR THE LIQUIDATION OF SUCH OBLIGATIONS, THE PAYMENT THEREOF WILL BE ACCOMPLISHED BY DIRECT SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, COMMISSION ON FOREIGN ECONOMIC POLICY, MARCH 8, 954:

REFERENCE IS MADE TO LETTER OF FEBRUARY 23, 1954, FROM THE EXECUTIVE DIRECTOR, REQUESTING A DECISION AS TO WHAT IS THE LAST DAY OF THE LEGAL EXISTENCE OF THE COMMISSION ON FOREIGN ECONOMIC POLICY.

THE COMMISSION WAS ESTABLISHED BY TITLE III OF THE TRADE AGREEMENTS EXTENSION ACT OF 1953, PUBLIC LAW 215, APPROVED AUGUST 7, 1953, 67 STAT. 473, 474, SECTION 308 OF WHICH PROVIDES, AS FOLLOWS:

(A) REPORT * * * WITHIN SIXTY DAYS AFTER THE SECOND REGULAR SESSION OF THE EIGHTY-THIRD CONGRESS IS CONVENED, THE COMMISSION SHALL MAKE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE PRESIDENT AND TO THE CONGRESS.

(B) EXPIRATION OF THE COMMISSION.--- NINETY DAYS AFTER THE SUBMISSION TO THE CONGRESS OF THE REPORT PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL CEASE TO EXIST.

THE REPORT OF THE COMMISSION WAS TRANSMITTED TO THE PRESIDENT AND TO THE CONGRESS ON JANUARY 23, 1954. IN ACCORDANCE WITH THE COMMITTEE DECISION THAT MINORITY STATEMENTS BE INCORPORATED AS PART OF THE OFFICIAL COMMISSION REPORT, DISSENTS BY VARIOUS MEMBERS OF THE COMMISSION TO SOME OF THE RECOMMENDATIONS WERE INCLUDED IN THE REPORT, BUT TWO MEMBERS OF THE COMMISSION REQUESTED IN THEIR GENERAL DISSENT, AND WERE GRANTED PERMISSION, TO FILE LATER A MINORITY REPORT CONTAINING A MORE DETAILED STATEMENT OF THEIR VIEWS. SUCH MINORITY REPORT WAS TRANSMITTED TO THE PRESIDENT AND TO THE CONGRESS ON JANUARY 30, 1954.

THE REPORT TRANSMITTED TO THE PRESIDENT AND THE CONGRESS ON JANUARY 23, 1954, UNDOUBTEDLY IS THE OFFICIAL REPORT OF THE COMMISSION AND AS SUCH MUST BE RECOGNIZED AS THE REPORT REFERRED TO IN SECTION 308 OF THE ACT OF AUGUST 7, 1953, QUOTED ABOVE. THE MINORITY REPORT IS MERELY SUPPLEMENTAL DETAILED MATERIAL IN SUPPORT OF THE " JOINT STATEMENT OF GENERAL DISSENT TO THE REPORT BY MR. REED AND MR. SIMPSON," DATED JANUARY 18, 1954, INCLUDED IN THE OFFICIAL REPORT. THE SUBMISSION OF SUCH ADDITIONAL MATERIAL, WHICH WAS NOT REQUIRED BY LAW, CANNOT BE VIEWED AS EXTENDING THE LIFE OF THE COMMISSION. TO HOLD OTHERWISE WOULD PERMIT ONE MEMBER TO EXTEND THE LIFE OF THE COMMISSION INDEFINITELY UNTIL AFTER SUCH MEMBER SUBMITTED HIS MINORITY REPORT.

LIKEWISE, THE FACT THAT CERTAIN MATERIAL WILL BE PUBLISHED AS PROMPTLY AS POSSIBLE AND WILL BE ISSUED IN THE FORM OF A SUPPLEMENT TO THE REPORT OF JANUARY 23, 1954, AS STATED IN THE LAST PARAGRAPH OF THE TRANSMITTAL LETTER OF JANUARY 23, 1954, IS NOT A PART OF THE REPORT ITSELF AND CANNOT BE REGARDED AS AFFECTING THE LIFE OF THE COMMISSION. THE EXECUTIVE DIRECTOR, IN HIS SUPPLEMENTAL LETTER DATED FEBRUARY 26, 1954, INDICATES THAT THIS MATERIAL IS MERELY A STAFF DOCUMENT AND DOES NOT PURPORT TO EXPRESS THE THINKING OR CONCLUSIONS OF THE COMMISSION, BUT RATHER TO PLACE ON RECORD THE MATERIAL SUBMITTED TO THE MEMBERS FOR THEIR STUDY BY THE STAFF, ACTING ON ITS OWN RESPONSIBILITY.

ACCORDINGLY, IN THE ABSENCE OF ANY FURTHER LEGISLATION TO THE CONTRARY, THE COMMISSION ON FOREIGN ECONOMIC POLICY CEASES TO EXIST 90 DAYS AFTER JANUARY 23, 1954, THAT IS, AT THE CLOSE OF BUSINESS ON APRIL 23, 1954.

THE STATEMENT IN THE LETTER THAT IT IS ASSUMED THAT OBLIGATIONS INCURRED DURING THE LIFE OF THE COMMISSION MAY BE PAID DURING THE TIME SUCH FUNDS ARE AVAILABLE FOR EXPENDITURE IS CORRECT. HOWEVER, AFTER THE EXPIRATION DATE, IN THE ABSENCE OF OTHER APPROPRIATE PROVISIONS FOR THE LIQUIDATION OF SUCH OBLIGATIONS, THE PAYMENT THEREOF WILL BE ACCOMPLISHED BY DIRECT SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE. 14 COMP. GEN. 490; ID. 738; 16 ID. 15.