B-147642, DECEMBER 11, 1961, 41 COMP. GEN. 394

B-147642: Dec 11, 1961

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1961: WE HAVE YOUR LETTER OF NOVEMBER 17. YOU STATE THAT YOUR DOUBT AS TO CERTIFICATION AND PAYMENT OF THE VOUCHER ARISES FROM THE FACT THAT THE SERVICES HAVE NOT YET BEEN PERFORMED AND THAT YOUR OFFICE IS UNCERTAIN WHETHER THE PROHIBITION APPLICABLE TO MAKING ADVANCES OF PUBLIC MONEY. OR AT NONPROFIT ORGANIZATIONS WHOSE PRIMARY PURPOSE IS THE CONDUCT OF SCIENTIFIC RESEARCH. IS HEREBY AUTHORIZED. WHERE IT IS DEEMED TO BE IN FURTHERANCE OF THE OBJECTIVES OF THE AGENCY. THAT ONE OF THE ADVANTAGES OF THE GRANT OVER THE CONTRACT IS "ADVANCE PAYMENT OF THE GRANT CAN BE MADE WITHOUT THE VOUCHERING OF EXPENDITURES AND ACCOMPANYING "PROGRESS REPORTS" OR OTHER "PROOF OF WORK"- . IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT.

B-147642, DECEMBER 11, 1961, 41 COMP. GEN. 394

PAYMENTS - ADVANCE - AUTHORITY THE SPECIFIC AUTHORITY FOR THE EXPENDITURE OF FUNDS THROUGH GRANTS IN THE ACT OF SEPTEMBER 6, 1958, PUBLIC LAW 85-934, 42 U.S.C. 1891, WHICH PROVIDES FOR THE PERFORMANCE OF SCIENTIFIC RESEARCH FOR THE FEDERAL GOVERNMENT BY NONPROFIT INSTITUTIONS SATISFIES THE REQUIREMENT OF SECTION 3648, REVISED STATUTES, 31 U.S.C. 529, THAT ADVANCES OF PUBLIC MONEY MUST BE AUTHORIZED BY THE APPROPRIATION CONCERNED OR OTHER LAW, AND, THEREFORE, PAYMENT OF A GRANT TO A UNIVERSITY FOR SCIENTIFIC RESEARCH IN ADVANCE OF THE PERFORMANCE OF SUCH SERVICES MAY BE MADE.

TO R. P. HOGAN, DEPARTMENT OF COMMERCE, DECEMBER 11, 1961:

WE HAVE YOUR LETTER OF NOVEMBER 17, 1961, AND ENCLOSURES, YOUR REFERENCE A-3.32, IN WHICH YOU REQUEST A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF THE UNIVERSITY OF WISCONSIN. THE VOUCHER COVERS THE FIRST PAYMENT OF $15,000 OF GRANT NO. WBG-1, DATED AUGUST 9, 1961. YOU STATE THAT YOUR DOUBT AS TO CERTIFICATION AND PAYMENT OF THE VOUCHER ARISES FROM THE FACT THAT THE SERVICES HAVE NOT YET BEEN PERFORMED AND THAT YOUR OFFICE IS UNCERTAIN WHETHER THE PROHIBITION APPLICABLE TO MAKING ADVANCES OF PUBLIC MONEY, 31 U.S.C. 529, WOULD APPLY TO THIS ACCOUNT.

SECTION 3648, REVISED STATUTES, 31 U.S.C. 529, PROVIDES IN PART THAT " NO ADVANCE OF PUBLIC MONEY SHALL BE MADE IN ANY CASE UNLESS AUTHORIZED BY THE APPROPRIATION CONCERNED OR OTHER LAW.'

PUBLIC LAW 85-934, APPROVED SEPTEMBER 6, 1958, 72 STAT. 1793, 42 U.S.C. 1891, CITED ON THE VOUCHER AS AUTHORITY FOR THE GRANT, PROVIDES IN PERTINENT PART AS FOLLOWS:

THAT THE HEAD OF EACH AGENCY OF THE FEDERAL GOVERNMENT, AUTHORIZED TO ENTER INTO CONTRACTS FOR BASIC SCIENTIFIC RESEARCH AT NONPROFIT INSTITUTIONS OF HIGHER EDUCATION, OR AT NONPROFIT ORGANIZATIONS WHOSE PRIMARY PURPOSE IS THE CONDUCT OF SCIENTIFIC RESEARCH, IS HEREBY AUTHORIZED, WHERE IT IS DEEMED TO BE IN FURTHERANCE OF THE OBJECTIVES OF THE AGENCY, TO MAKE GRANTS TO SUCH INSTITUTIONS OR ORGANIZATIONS FOR THE SUPPORT OF SUCH BASIC SCIENTIFIC RESEARCH.

THE SPECIFIC AUTHORITY TO MAKE EXPENDITURES OF FUNDS THROUGH GRANTS FOR SUPPORT OF SCIENTIFIC RESEARCH SATISFIES THE REQUIREMENT OF SECTION 3648, REVISED STATUTES, 31 U.S.C. 529. SEE IN THIS CONNECTION HOUSE REPORT NO. 2640 AND SENATE REPORT NO. 2044, 85TH CONGRESS, WHICH STATE IN REGARD TO S. 4039, SUBSEQUENTLY ENACTED WITH CHANGES NOT HERE MATERIAL AS PUBLIC LAW 85-934, THAT ONE OF THE ADVANTAGES OF THE GRANT OVER THE CONTRACT IS "ADVANCE PAYMENT OF THE GRANT CAN BE MADE WITHOUT THE VOUCHERING OF EXPENDITURES AND ACCOMPANYING "PROGRESS REPORTS" OR OTHER "PROOF OF WORK"- -- BOTH OF WHICH EXERCISE A DEADENING EFFECT UPON THE INITIATIVE OF THE SCIENTIST.'

THE VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT, IN THE ABSENCE OF OTHER OBJECTIONS.