B-134937, MARCH 25, 1958, 37 COMP. GEN. 631

B-134937: Mar 25, 1958

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CONSERVATION AND DEVELOPMENT OF MINERAL RESOURCES" ARE AVAILABLE FOR THE EXPENSES OF ASSIGNING A SOLID FUELS TECHNOLOGIST TO AN AMERICAN EMBASSY IN EUROPE. THE STATED PURPOSE OF THE ASSIGNMENT IS "TO ASSIMILATE RESEARCH INFORMATION ON MINING. IS AS FOLLOWS: FOR EXPENSES NECESSARY FOR PROMOTING THE CONSERVATION. AT PAGE 640: IT IS CLEAR FROM THE SPECIFIC LANGUAGE OF THE ACT THAT THE SURVEYS. INVESTIGATIONS AND RESEARCH AUTHORIZED BY IT ARE LIMITED TO THE TOPOGRAPHY. NOR DOES IT APPEAR TO HAVE BEEN MENTIONED IN BUDGET JUSTIFICATIONS AND HEARINGS ON THE 1959 APPROPRIATION BILL BEFORE THE SUBCOMMITTEE OF THE HOUSE OF REPRESENTATIVES COMMITTEE ON APPROPRIATIONS. THERE IS SOME DISCUSSION OF THE " BUREAU'S FOREIGN FACTFINDING PROGRAM.

B-134937, MARCH 25, 1958, 37 COMP. GEN. 631

APPROPRIATIONS - AVAILABILITY - AREA DESIGNATION THE USE OF DEPARTMENT OF THE INTERIOR APPROPRIATIONS FOR PROMOTION OF MINERAL RESOURCES IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS TO PAY EXPENSES INCIDENT TO THE ASSIGNMENT OF A SOLID FUELS TECHNOLOGIST TO AN AMERICAN EMBASSY IN EUROPE WOULD NOT ONLY BE IMPROPER IN VIEW OF THE SPECIFIC AREA LIMITATION IN THE APPROPRIATION BUT, EVEN MORE SIGNIFICANT, WOULD BE CONTRARY TO THE INTENT OF THE CONGRESS AND THE PRESIDENT AS EXPRESSED IN REORGANIZATION PLAN NO. II OF 1939, AND THE FOREIGN SERVICE ACT OF 1946, WHICH CENTRALIZED IN THE DEPARTMENT OF STATE THE RESPONSIBILITY FOR FOREIGN FACT-FINDING AND REPORTING OF THE TYPE HERE INVOLVED FOR ALL AGENCIES OF THE GOVERNMENT.

TO THE SECRETARY OF THE INTERIOR, MARCH 25, 1958:

ON JANUARY 16, 1958, THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE INTERIOR REQUESTED OUR DECISION UPON THE QUESTION WHETHER FUNDS APPROPRIATED BY CONGRESS FOR THE FISCAL YEAR 1958 UNDER THE TITLE " BUREAU OF MINES, CONSERVATION AND DEVELOPMENT OF MINERAL RESOURCES" ARE AVAILABLE FOR THE EXPENSES OF ASSIGNING A SOLID FUELS TECHNOLOGIST TO AN AMERICAN EMBASSY IN EUROPE. THE STATED PURPOSE OF THE ASSIGNMENT IS "TO ASSIMILATE RESEARCH INFORMATION ON MINING, PREPARATION, UTILIZATION, AND OTHER PHASES RELATING TO COAL RESOURCES IN EUROPE AND TO REPORT THIS INFORMATION BACK TO THE BUREAU OF MINES FOR FURTHERING ITS RESEARCH ON COAL RESOURCES OF THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS.'

THE PERTINENT LANGUAGE OF THE DEPARTMENT OF INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1958 (71 STAT. 257, 25 U.S.C. 372-1), IS AS FOLLOWS:

FOR EXPENSES NECESSARY FOR PROMOTING THE CONSERVATION, EXPLORATION, DEVELOPMENT, PRODUCTION, AND UTILIZATION OF MINERAL RESOURCES, INCLUDING FUELS, IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS; AND DEVELOPING SYNTHETICS AND SUBSTITUTES;

BY ITS VERY TERMS THE ABOVE-QUOTED APPROPRIATION RELATES TO NECESSARY EXPENSES FOR PROMOTING, ETC., OF MINERAL RESOURCES "IN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS.' IN CONSTRUING A SOMEWHAT SIMILAR APPROPRIATION PROVISION WE SAID IN 35 COMP. GEN. 639, AT PAGE 640:

IT IS CLEAR FROM THE SPECIFIC LANGUAGE OF THE ACT THAT THE SURVEYS, INVESTIGATIONS AND RESEARCH AUTHORIZED BY IT ARE LIMITED TO THE TOPOGRAPHY, GEOLOGY, AND THE MINERAL AND WATER RESOURCES OF THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS. THERE DOES NOT APPEAR TO BE ANYTHING IN THE ACT OR ITS LEGISLATIVE HISTORY TO INDICATE THAT THE CONGRESS CONTEMPLATED SURVEYS, INVESTIGATIONS, AND RESEARCH IN EUROPEAN COUNTRIES OR ANY PLACE OTHER THAN SPECIFICALLY STATED IN THE APPROPRIATION ACT. * * *

IN REVIEWING THE LEGISLATIVE HISTORY OF THE 1958 APPROPRIATION ACT FOR THE DEPARTMENT OF INTERIOR AND RELATED AGENCIES, WE DO NOT FIND ANY SPECIFIC REFERENCE TO A PLAN SUCH AS YOU PROPOSE NOW; NOR DOES IT APPEAR TO HAVE BEEN MENTIONED IN BUDGET JUSTIFICATIONS AND HEARINGS ON THE 1959 APPROPRIATION BILL BEFORE THE SUBCOMMITTEE OF THE HOUSE OF REPRESENTATIVES COMMITTEE ON APPROPRIATIONS. WE NOTE, HOWEVER, THAT AT PAGES 208 AND 209 OF THE PRINTED HEARINGS ON THE 1959 BILL ( H.R. 10746), THERE IS SOME DISCUSSION OF THE " BUREAU'S FOREIGN FACTFINDING PROGRAM, INCLUDING THE MINERAL ATTACHE SERVICE," AND THE INDICATIONS ARE THAT THE BUREAU RELIES ON THE " MINERAL ATTACHE SERVICE" FOR ITS REGULAR FLOW OF INFORMATION FROM ABROAD. THE EXISTENCE OF THE SO CALLED " MINERAL ATTACHE SERVICE" RAISES THE QUESTION WHETHER THE APPROPRIATION SUPPORTING THAT SERVICE MAY NOT MORE APPROPRIATELY BE AVAILABLE TO ACHIEVE THE RESULTS EXPECTED FROM THE NEW POSITION.

WE UNDERSTAND THAT THE TERM " MINERAL ATTACHE SERVICE" REFERS TO THE MINING AND MINERALS ASPECT OF THE DEPARTMENT OF STATE'S ECONOMIC REPORTING FUNCTION WHICH IS PERFORMED BY REGULAR FOREIGN SERVICE EMPLOYEES OF THAT DEPARTMENT. IN A STATEMENT BEFORE THE SUBCOMMITTEE OF THE SENATE COMMITTEE ON APPROPRIATIONS IN HEARINGS ON DEPARTMENT OF STATE'S APPROPRIATION FOR 1957, MR. THOMAS S. ESTES, DEPUTY ASSISTANT SECRETARY OF STATE FOR OPERATIONS, SAID IN PART AT PAGE 606 OF THE PRINTED HEARINGS---

2. LEGISLATIVE AND EXECUTIVE AUTHORITY FOR FOREIGN SERVICE REPORTING FOR THE ENTIRE GOVERNMENT

UNDER REORGANIZATION PLAN II, (53 STAT. 1431) EFFECTIVE JULY 1, 1939, RESPONSIBILITY WAS ASSIGNED TO THE FOREIGN SERVICE FOR REPORTING ON MATTERS OF INTEREST TO THE DEPARTMENTS OF AGRICULTURE AND COMMERCE, WHICH PREVIOUSLY HAD HAD THEIR OWN PERSONNEL STATIONED ABROAD FOR THIS PURPOSE. * * * UNDER THE PLAN THE CONCEPT OF A UNIFIED FOREIGN SERVICE PERFORMING FUNCTIONS FOR AGENCIES OF THE GOVERNMENT OTHER THAN THE DEPARTMENT OF STATE WAS ESTABLISHED BY LAW AND THE FORMER SEPARATE FOREIGN SERVICES OF THE DEPARTMENTS OF COMMERCE AND AGRICULTURE WERE AMALGAMATED WITH THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE. THE RESPONSIBILITIES OF THE FOREIGN SERVICE TOWARD OTHER AGENCIES OF THE GOVERNMENT WERE FURTHER EXPANDED BY SECTION 311 OF THE FOREIGN SERVICE ACT OF 1946 * * * (60 STAT. 999) WHICH PROVIDES THAT THE FOREIGN SERVICE SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, PERFORM DUTIES AND FUNCTIONS ON BEHALF OF ANY GOVERNMENT AGENCY OR ESTABLISHMENT. IN THE FIELD OF FOREIGN REPORTING, BASIC AUTHORITY FOR SUCH DUTIES AND FUNCTIONS IS EXECUTIVE ORDER 10249 OF JUNE 5, 1951 * * * WHICH PRESCRIBES REGULATIONS FOR THE DIRECTION BY THE DEPARTMENT OF STATE OF A COORDINATED PROGRAM FOR THE REPORTING OF FOREIGN DATA REQUESTED BY FEDERAL DEPARTMENTS AND AGENCIES.

ABOUT A DOZEN AGENCIES ARE MAJOR USERS OF FOREIGN SERVICE ECONOMIC REPORTS, NAMELY STATE, ICA, TREASURY, EXPORT-IMPORT BANK, FEDERAL RESERVE BOARD COMMERCE, LABOR, INTERIOR, AGRICULTURE, AND THE INTELLIGENCE AGENCIES ( CIA, ARMY, NAVY, AND AIR). NUMEROUS OTHER AGENCIES USE THESE REPORTS ON A RECURRING OR OCCASIONAL BASIS.

WE RECOGNIZE THAT THE REPORTING SERVICE DISCUSSED IN MR. ESTES' STATEMENT AND IN THE CITED AUTHORITIES REFERS PRINCIPALLY TO "ECONOMIC REPORTING.' WE HAVE BEEN ADVISED INFORMALLY BY A REPRESENTATIVE OF YOUR DEPARTMENT THAT WHILE THE POSITIONS MAY BE SIMILAR IN SOME RESPECTS, THE POSITION OF SOLID FUELS TECHNOLOGIST NOW UNDER CONSIDERATION WOULD ACCOMPLISH A PURPOSE NOT POSSIBLE BY THE REGULAR ECONOMIC REPORTING STAFF OF THE DEPARTMENT OF STATE. THAT PURPOSE IS TO SATISFY A NEED WITHIN THE BUREAU FOR DIRECT, HIGHLY SPECIALIZED AND TECHNICAL LIAISON WITH THE COAL INDUSTRY IN EUROPE IN ORDER TO KEEP ABREAST OF SCIENTIFIC AND TECHNOLOGIC DEVELOPMENTS, AS DISTINGUISHED FROM ECONOMIC DEVELOPMENTS, AFFECTING THE INDUSTRY.

WHILE RECOGNIZING THE SOUNDNESS OF THE DISTINCTION BETWEEN THE TWO FUNCTIONS AND THE PURPOSE TO BE SERVED BY EACH, WE ARE OF THE OPINION THAT THE INTENT OF CONGRESS AND THE PRESIDENT, AS EXPRESSED IN REORGANIZATION PLAN NO. II IN 1939, SUPRA, THE FOREIGN SERVICE ACT OF 1946, SUPRA, 22 U.S.C. 801 NOTE, AND EXECUTIVE ORDERS ISSUED PURSUANT THERETO, WAS TO ASSIGN TO THE DEPARTMENT OF STATE THE RESPONSIBILITY FOR FOREIGN FACTFINDING AND REPORTING OF THE TYPE HERE IN QUESTION FOR ALL AGENCIES OF THE GOVERNMENT. SEEMINGLY SIGNIFICANT IN THAT RESPECT IS THE FOLLOWING COLLOQUY, REPORTED AT PAGE 674 OF THE PRINTED HEARINGS ON THE DEPARTMENT OF STATE'S 1958 APPROPRIATION ACT BEFORE THE SUBCOMMITTEE OF THE SENATE COMMITTEE ON APPROPRIATIONS, CONCERNING THE REQUEST OF THAT DEPARTMENT FOR AN INCREASE IN ITS APPROPRIATION FOR THE CURRENT FISCAL YEAR TO PROVIDE FOR CERTAIN ADDITIONAL POSITIONS:

SENATOR ELLENDER. * * *

ALL RIGHT, NOW, LET US SEE, YOU ARE GOING TO ADD ONE OFFICER IN PARIS. WILL THAT BE IN THE POLITICAL OR THE ECONOMIC SECTION? * * *

MR. JONES. ON THE ECONOMIC SIDE, WE ARE ASKING FOR A MINING AND PETROLEUM OFFICER. THE REPORTING PRODUCTS OF THIS KIND OF OFFICER ARE OF INTEREST TO THE DEPARTMENT OF THE INTERIOR. * * *

MR. HENDERSON. MAY I SAY, MR. CHAIRMAN, THAT THIS MINING AND PETROLEUM REPORTING OFFICER IS AN EXAMPLE OF ANOTHER AGENCY WANTING US TO GET INFORMATION FOR IT.

IF WE DO NOT SET UP AN ATTACHE FOR THIS, THEY WILL COME AROUND AND ASK FOR ONE OF THEIR OWN.

WE CONCLUDE, THEREFORE, THAT THE USE OF THE BUREAU OF MINES' REGULAR APPROPRIATION FOR THE PURPOSES OUTLINED IN THE ADMINISTRATIVE ASSISTANT'S LETTER WOULD BE CONTRARY TO THE ESTABLISHED POLICY AND APPARENT INTENTION OF CONGRESS.