B-130560, MAR. 22, 1957

B-130560: Mar 22, 1957

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IS GIVEN BY THE UNIVERSITY DURING THE CURRENT TERM AND WAS DESIGNED ESPECIALLY FOR THE BENEFIT OF SELECTED FOREIGN SERVICE EMPLOYEES OF THE DEPARTMENT OF STATE AND THE INTERNATIONAL COOPERATION ADMINISTRATION. ECONOMIC REPORTING OFFICERS WILL LEARN TO USE THE SO-CALLED NATIONAL ACCOUNTS REPORTING AND ANALYTICAL TECHNIQUES. IS ANTICIPATED THE COURSE WILL BE ORIENTED "TO STRESS THE PRACTICAL KNOWLEDGE NEEDED BY U.S. YOU POINT OUT THAT WHILE CERTAIN STAFF MEMBERS ARE PARTIALLY EQUIPPED TO PERFORM NATIONAL ACCOUNTS ANALYSES. THEY HAVE NOT HAD SPECIAL TRAINING IN THAT FIELD. 558 PROVIDES: "THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE PRESIDENT FOR THE FISCAL YEAR 1955 NOT TO EXCEED $34.

B-130560, MAR. 22, 1957

TO HONORABLE JOHN B. HOLLISTER, DIRECTOR, INTERNATIONAL COOPERATION ADMINISTRATION:

YOUR LETTER OF JANUARY 30, 1957, REQUESTS OUR DECISION CONCERNING THE AVAILABILITY OF YOUR ,ADMINISTRATIVE EXPENSES, APPROPRIATION FOR TRAINING CERTAIN CIVIL SERVICE EMPLOYEES AT GEORGE WASHINGTON UNIVERSITY.

THE COURSE, NATIONAL INCOME ANALYSIS, IS GIVEN BY THE UNIVERSITY DURING THE CURRENT TERM AND WAS DESIGNED ESPECIALLY FOR THE BENEFIT OF SELECTED FOREIGN SERVICE EMPLOYEES OF THE DEPARTMENT OF STATE AND THE INTERNATIONAL COOPERATION ADMINISTRATION. ECONOMIC REPORTING OFFICERS WILL LEARN TO USE THE SO-CALLED NATIONAL ACCOUNTS REPORTING AND ANALYTICAL TECHNIQUES. IS ANTICIPATED THE COURSE WILL BE ORIENTED "TO STRESS THE PRACTICAL KNOWLEDGE NEEDED BY U.S. ECONOMIC OFFICERS IN THE FOREIGN FIELD.' YOU POINT OUT THAT WHILE CERTAIN STAFF MEMBERS ARE PARTIALLY EQUIPPED TO PERFORM NATIONAL ACCOUNTS ANALYSES, THEY HAVE NOT HAD SPECIAL TRAINING IN THAT FIELD. UNDER THE PROVISIONS OF THE FOREIGN SERVICE ACT OF 1946 NO PROBLEM EXISTS REGARDING THE USE OF APPROPRIATED FUNDS WHEN SENDING FOREIGN SERVICE EMPLOYEES TO GEORGE WASHINGTON UNIVERSITY; HOWEVER, SOME DOUBT ARISES CONCERNING SIMILAR PAYMENTS ON BEHALF OF CIVIL SERVICE EMPLOYEES.

ONE PART OF THE "MUTUAL SECURITY APPROPRIATION ACT, 1957," 70 STAT. 733, PROVIDES:

"ADMINISTRATIVE EXPENSES: FOR EXPENSES AUTHORIZED BY SECTION 411 (B), $33,595,000; "

SECTION 411 (B) OF THE MUTUAL SECURITY ACT OF 1954, 68 STAT. 832, 846, AS AMENDED BY SECTION 8 (I) (2) OF THE MUTUAL SECURITY ACT OF 1955, 69 STAT. 283, 287 AND SECTION 8 (I) (1) OF THE MUTUAL SECURITY ACT OF 1956, 70 STAT. 555, 558 PROVIDES:

"THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE PRESIDENT FOR THE FISCAL YEAR 1955 NOT TO EXCEED $34,700,000, AND FOR THE FISCAL YEAR 1956 NOT TO EXCEED $35,225,000, AND FOR THE FISCAL YEAR 1957 NOT TO EXCEED $35,250,000, FOR NECESSARY ADMINISTRATIVE EXPENSES INCIDENT TO CARRYING OUT THE PROVISIONS OF THIS ACT (OTHER THAN CHAPTER 1 OF TITLE I AND SECTION 124).'

NEITHER OF THESE STATUTES GRANTS SPECIFIC AUTHORITY TO TRAIN CIVIL SERVICE EMPLOYEES AT NONFEDERAL FACILITIES; HENCE, THE QUESTION PRESENTED IS WHETHER FUNDS PROVIDED BY THESE STATUTES ARE AVAILABLE FOR SUCH PURPOSE.

ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE CONSISTENTLY APPLIED THE GENERAL RULE THAT, IN THE ABSENCE OF STATUTORY AUTHORIZATION, GENERAL APPROPRIATIONS, ARE NOT AVAILABLE FOR TRAINING FEDERAL EMPLOYEES AT NONFEDERAL FACILITIES. IN OUR DECISION OF MARCH 1, 1957, B-128464,36 COMP. GEN. - , CONCERNING EXCEPTIONS TO THE RULE, WE SAID:

"TO RESTATE THE ELEMENTS CONSIDERED NECESSARY BEFORE A DEVIATION FROM THE GENERAL RULE IS AUTHORIZED, WE FIND THAT A PARTICULAR TRAINING PROGRAM MUST BE:

"1. ESSENTIAL TO CARRY OUT THE PURPOSE FOR WHICH THE APPROPRIATION IS MADE,

"2. FOR A PERIOD OF BRIEF DURATION, AND

"3. SPECIAL IN NATURE.'

SINCE THESE CRITERIA FOR EXAMINING EXCEPTIONS ARE CUMULATIVE, AS DISTINGUISHED FROM BEING EFFECTIVE IN THE ALTERNATIVE, A FAILURE ON ONE POINT USUALLY RESULTS IN AN APPLICATION OF THE GENERAL RULE.

YOU SAY THE COURSE WAS "ESPECIALLY DEVELOPED FOR, AND TAILORED TO FIT THE NEEDS OF, ECONOMIC REPORTING OFFICERS OF FOREIGN SERVICE EMPLOYEES" OF THE DEPARTMENT OF STATE AND OF ICA. ALSO, YOU POINT OUT THAT YOU ARE MOST EAGER THAT CERTAIN HEADQUARTERS EMPLOYEES BE PERMITTED TO TAKE THE COURSE AT GOVERNMENT EXPENSE. WHILE THE TRAINING COURSE FOR THE CIVIL SERVICE EMPLOYEES DOUBTLESS WOULD BE BENEFICIAL TO THE PROGRAM IT WOULD NOT SEEM, HOWEVER, THAT THEIR ATTENDANCE--- AS DISTINGUISHED FROM THAT ATTENDANCE OF FOREIGN SERVICE EMPLOYEES--- IS SO ESSENTIAL TO THE PERFORMANCE OF A SPECIFIC AND EXISTING NEED TO THE PROGRAM OR OBJECT FOR WHICH CONGRESS AUTHORIZED THE EXPENDITURE OF FUNDS THAT SPECIFIC CONGRESSIONAL APPROVAL MAY BE CONSIDERED UNNECESSARY.

UPON ELABORATION IN THE MARCH 1, 1957, DECISION OF THE CRITERION THAT A COURSE MUST BE SPECIAL IN NATURE WE SAID:

"ITS SPECIALTY CONSISTS IN THE PARTICULARITY WITH WHICH IT MEETS A UNIQUE NEED, FAILING WHICH THE AUTHORIZED PROGRAM PROBABLY WOULD BE FRUSTRATED.'

UPON THE BASIS OF THE FACTS PRESENTED, WE ARE OF THE VIEW THAT ATTENDANCE AT THE NATIONAL INCOME ANALYSIS COURSE--- WHICH IS DESIGNED TO FIT THE NEEDS OF ECONOMIC REPORTING OFFICERS OF THE FOREIGN SERVICE- - BY CIVIL SERVICE PERSONNEL DOES NOT FULFILL A UNIQUE NEED, FAILING WHICH THE PROGRAM WOULD BE FRUSTRATED.

UNDER THESE CIRCUMSTANCES, THE APPROPRIATION IN QUESTION IS NOT AVAILABLE FOR TRAINING CIVIL SERVICE EMPLOYEES AT A NONFEDERAL FACILITY.