B-154139, JUN. 19, 1964

B-154139: Jun 19, 1964

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WELFARE: REFERENCE IS MADE TO LETTER OF JUNE 12. THE FACT THAT THE PROPOSED EFFECTIVE DATE OF THE GRANT WAS JUNE 1. PRELIMINARY DISCUSSIONS WERE HELD BETWEEN STAFF OF THE NATIONAL INSTITUTE OF MENTAL HEALTH AND REPRESENTATIVES OF THE CONNECTICUT DEPARTMENT OF MENTAL HEALTH CONCERNING THE POSSIBILITY OF GRANT SUPPORT FOR A PROJECT INVOLVING THE USE OF STUDENTS WORKING WITH MENTAL PATIENTS FROM A STATE HOSPITAL DURING THE SUMMER. THE PROPOSED PROJECT WAS ENVISIONED AS AN EVALUATION OF THE IMPACT ON MENTAL PATIENTS AND THE STUDENTS WORKING WITH THEM. IT IS STATED FURTHER. THE APPLICATION WAS SUBMITTED PURSUANT TO SECTION 303 OF THE PUBLIC HEALTH SERVICE ACT. THE VIEW IS EXPRESSED THAT THE PROJECT IS AN APPROPRIATE AND PROPER USE OF FUNDS APPROPRIATED FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO MENTAL HEALTH.

B-154139, JUN. 19, 1964

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE:

REFERENCE IS MADE TO LETTER OF JUNE 12, 1964, WITH ENCLOSURE, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, IN REPLY TO OUR LETTER DATED MAY 13, TO YOU, CONCERNING THE LEGAL PROPRIETY OF A GRANT OF $84,000 BY THE NATIONAL INSTITUTE OF MENTAL HEALTH, PUBLIC HEALTH SERVICE, TO THE STATE OF CONNECTICUT'S DEPARTMENT OF MENTAL HEALTH FOR A PROJECT ENTITLED "THE SERVICE CORPS AND MENTAL PATIENT REHABILITATION.'

IN OUR LETTER WE STATED THAT THE LEGALITY OF THE GRANT HAD BEEN QUESTIONED BY A MEMBER OF THE CONGRESS BY REASON OF THE PROHIBITION CONTAINED IN SECTION 906 OF THE DEPARTMENTS OF LABOR, AND HEALTH, EDUCATION, AND WELFARE APPROPRIATION ACT, 1964, PUB.L. 88-136, APPROVED OCTOBER 11, 1963, 77 STAT. 246. FOR USE IN CONSIDERING THE CONGRESSIONAL INQUIRY, WE REQUESTED A COMPLETE REPORT OF THE TRANSACTION TOGETHER WITH A CITATION TO THE STATUTORY OR OTHER AUTHORITY RELIED UPON FOR USE OF THE APPROPRIATIONS MADE FOR MENTAL HEALTH ACTIVITIES TO FINANCE THE SUBJECT GRANT.

THERE ACCOMPANIED THE ADMINISTRATIVE ASSISTANT SECRETARY'S LETTER A STATEMENT FROM THE PUBLIC HEALTH SERVICE WHICH INCLUDED THE VIEWS OF THE GENERAL COUNSEL OF YOUR DEPARTMENT IN SUPPORT OF THE LEGALITY OF THE GRANT. IN VIEW THEREOF, AND THE FACT THAT THE PROPOSED EFFECTIVE DATE OF THE GRANT WAS JUNE 1, 1964, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTS THAT WE EXPEDITE OUR DECISION ON THE AUTHORITY OF THE PUBLIC HEALTH SERVICE TO PROCEED WITH THE AWARD THEREOF.

THE STATEMENT FROM THE PUBLIC HEALTH SERVICE POINTS OUT THAT ON FEBRUARY 10, 1964, PRELIMINARY DISCUSSIONS WERE HELD BETWEEN STAFF OF THE NATIONAL INSTITUTE OF MENTAL HEALTH AND REPRESENTATIVES OF THE CONNECTICUT DEPARTMENT OF MENTAL HEALTH CONCERNING THE POSSIBILITY OF GRANT SUPPORT FOR A PROJECT INVOLVING THE USE OF STUDENTS WORKING WITH MENTAL PATIENTS FROM A STATE HOSPITAL DURING THE SUMMER. THE PROPOSED PROJECT WAS ENVISIONED AS AN EVALUATION OF THE IMPACT ON MENTAL PATIENTS AND THE STUDENTS WORKING WITH THEM.

IT IS STATED FURTHER, THAT ON FEBRUARY 24, THE COMMISSIONER OF MENTAL HEALTH, STATE OF CONNECTICUT, SUBMITTED A FORMAL GRANT APPLICATION TO THE NATIONAL INSTITUTE OF MENTAL HEALTH, ENTITLED "THE SERVICE CORPS AND MENTAL PATIENT REHABILITATION.' THE APPLICATION WAS SUBMITTED PURSUANT TO SECTION 303 OF THE PUBLIC HEALTH SERVICE ACT, AS AMENDED, 42 U.S.C. 242A, AND MADE REQUEST FOR FUNDS TO SUPPORT THE STUDY AND EVALUATION OF AN ONGOING STATE-BASED AND STATE-FUNDED PROJECT TO DETERMINE THE EXTENT TO WHICH HIGH SCHOOL AND COLLEGE STUDENTS COULD SERVE THE EVER INCREASING NEEDS FOR MANPOWER IN THIS NATION'S MENTAL HOSPITALS AND INSTITUTIONS FOR THE RETARDED. BOTH THE REVIEW COMMITTEE AND THE NATIONAL ADVISORY MENTAL HEALTH COUNCIL UNANIMOUSLY APPROVED THE PROJECT AND THE COUNCIL RECOMMENDED THAT THE SURGEON GENERAL AWARD THE GRANT.

THE PUBLIC HEALTH SERVICE EMPHASIZES THAT THE CONNECTICUT PROJECT PROPOSES TO EVALUATE A PROGRAM DEVELOPED BY THE STATE FOR ITS OWN PURPOSES, AND THAT THE PROJECT IN NO WAY VIOLATES THE INTENT OF SECTION 906. IN CONCLUSION, THE VIEW IS EXPRESSED THAT THE PROJECT IS AN APPROPRIATE AND PROPER USE OF FUNDS APPROPRIATED FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO MENTAL HEALTH.

IN FURTHER SUPPORT OF THE LEGALITY OF THE GRANT, THE PUBLIC HEALTH SERVICE STATEMENT QUOTES THE VIEWS OF YOUR GENERAL COUNSEL THAT THE PROPOSED GRANT---

" ". . . IS ONE THAT IS WELL WITHIN THE GRANTING AUTHORITY OF SECTION 303 OF THE PHS ACT (42 U.S.C. 242A). THIS IN PART AUTHORIZES GRANTS TO "STATE OR LOCAL AGENCIES . . . FOR INVESTIGATIONS . . . (AND) . . . OF CARE, TREATMENT AND REHABILITATION OF THE MENTALLY ILL, INCLUDING GRANTS TO STATE AGENCIES RESPONSIBLE FOR ADMINISTERING STATE INSTITUTIONS . . . FOR DEVELOPING AND ESTABLISHING IMPROVED METHODS OF OPERATION AND ADMINISTRATION . . . .' THE PROJECT HERE IN QUESTION DEALT WITH EVALUATING THE UTILIZATION IN MENTAL HEALTH INSTITUTIONS OF AN ONGOING STATE PROGRAM FOR SERVICE BY YOUNG PEOPLE AND WITH EXPLORING THE POSSIBILITY OF THEIR USE IN PATIENT REHABILITATION. WE SEE NO REASON TO QUESTION THAT THE PROJECT WAS WITHIN THE AUTHORITY NOTED.

"NOR DO WE SEE ANY REASON TO DOUBT THAT SUCH A GRANT WAS NOT PROHIBITED BY THE PROVISION IN THE CURRENT APPROPRIATION ACT PRECLUDING USE OF FUNDS TO "ASSIST IN CONDUCTING ANY PROGRAM (INCLUDING . . . CONDUCT OF RESEARCH ACTIVITIES) RELATED DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS OR SIMILAR DOMESTIC PEACE CORPS TYPE OF PROGRAM.'

"WE SUGGEST THAT IF NOT SOLELY BY THE TERMS OF THIS PROVISION, THEN CERTAINLY BY THOSE TERMS AS ILLUMINATED BY THEIR LEGISLATIVE HISTORY, THE PROVISION IS DIRECTED AT A FEDERAL, NOT STATE OR LOCAL, "PEACE CORPS" TYPE OF PROGRAM AND AT THE PROMOTION, STIMULATION OR ANY OTHER EFFORT CONTRIBUTING TO THE "ESTABLISHMENT" OF SUCH A CORPS, RATHER THAN ITS UTILIZATION.

"THUS WHILE THE COMMITTEE REPORTS ON THE BILL (H.R. 5888) PROVIDE NO PERTINENT INFORMATION, WE NOTE THAT IN INTRODUCING THE PROVISION ON THE FLOOR OF THE HOUSE, REPRESENTATIVE GROSS NAMED A PARTICULAR "DOMESTIC PEACE CORPS STUDY GROUP" WHICH HE ALLEGED WAS SET UP WITHOUT AUTHORITY, IN WASHINGTON, D.C., TO "BEAT THE DRUMS" FOR A DOMESTIC PEACE CORPS EVEN BEFORE LEGISLATION TO THAT END WAS PROPOSED TO THE CONGRESS (CONG.REC. APRIL 30, 1963, PP. 7028 AND 7029). WE THINK IT REASONABLY CLEAR THAT THE OBJECTIVE OF THE PROVISION, WHILE CERTAINLY INCLUDING RESEARCH AS WELL AS ANY OTHER EFFORT, WAS TO PRECLUDE ANY PROMOTIONAL ACTIVITY FOR A FEDERAL CORPS PROGRAM AND HAS NO RELATIONSHIP TO STATE INSTITUTIONS MAKING USE OF ALREADY ESTABLISHED COMMUNITY RESOURCES, WHETHER IN THE FORM OF A LOCAL "PEACE CORPS" OR NOT.'"

SECTION 303 OF THE PUBLIC HEALTH SERVICE ACT, AS AMENDED. 24 U.S.C. 242A, AUTHORIZES THE SURGEON GENERAL, UPON RECOMMENDATION OF THE NATIONAL ADVISORY MENTAL HEALTH COUNCIL,"TO MAKE GRANTS TO STATE OR LOCAL AGENCIES, LABORATORIES, AND OTHER PUBLIC OR NONPROFIT AGENCIES AND INSTITUTIONS, AND TO INDIVIDUALS FOR INVESTIGATIONS, EXPERIMENTS, DEMONSTRATIONS, STUDIES, AND RESEARCH PROJECTS WITH RESPECT TO THE DEVELOPMENT OF IMPROVED METHODS OF DIAGNOSING MENTAL ILLNESS, AND OF CARE, TREATMENT, AND REHABILITATION OF THE MENTALLY ILL, INCLUDING GRANTS TO STATE AGENCIES RESPONSIBLE FOR ADMINISTRATION OF STATE INSTITUTIONS FOR CARE, OR CARE AND TREATMENT, OF MENTALLY ILL PERSONS FOR DEVELOPING AND ESTABLISHING IMPROVED METHODS OF OPERATION AND ADMINISTRATION OF SUCH INSTITUTIONS.' THE APPROPRIATION "MENTAL HEALTH ACTIVITIES, PUBLIC HEALTH SERVICE" CONTAINED IN THE CITED PUB. L. 88-136, 77 STAT. 237, PROPOSED TO BE CHARGED WITH THE AMOUNT OF THE GRANT PROJECT CONSIDERED HEREIN, AUTHORIZES THE SURGEON GENERAL TO INCUR EXPENSES NECESSARY FOR CARRYING OUT THE VARIOUS PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT, AS AMENDED, WITH RESPECT TO MENTAL DISEASES.

THE PROVISIONS OF SECTION 906 OF THE CITED DEPARTMENTS OF LABOR, AND HEALTH, EDUCATION, AND WELFARE APPROPRIATION ACT, 1964, READ AS FOLLOWS:

"SEC. 906. NONE OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED TO CONDUCT OR ASSIST IN CONDUCTING ANY PROGRAM (INCLUDING BUT NOT LIMITED TO THE PAYMENT OF SALARIES, ADMINISTRATIVE EXPENSES, AND THE CONDUCT OF RESEARCH ACTIVITIES) RELATED DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS OR SIMILAR DOMESTIC PEACE CORPS TYPE OF PROGRAM.'

THIS PROHIBITION IS DIRECTED AGAINST USE OF THE TOTAL FUNDS APPROPRIATED IN PUB.L. 88-136 FOR THE DEPARTMENT OF LABOR, HEALTH, EDUCATION, AND WELFARE, AND RELATED AGENCIES, FOR THE FISCAL YEAR 1964, FOR ANY ACTIVITIES RELATED DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS OR SIMILAR DOMESTIC PEACE CORPS TYPE OF PROGRAM. THE PROHIBITION, AS YOU DOUBTLESS KNOW, WAS ENACTED WITH RESPECT TO OTHER APPROPRIATION BILLS FOR THE FISCAL YEAR 1964.

THE LEGAL ISSUE PRESENTED HERE IS WHETHER THE AWARD OF THE GRANT IN QUESTION WOULD RESULT IN THE UNLAWFUL EXPENDITURE OF PUBLIC HEALTH SERVICE FUNDS FOR ANY ACTIVITIES RELATED DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS OR SIMILAR DOMESTIC PEACE CORPS TYPE OF PROGRAM.

THE LEGISLATIVE HISTORY OF THE PROHIBITION SHOWS THAT IT WAS INTRODUCED ON THE FLOOR OF THE HOUSE BY REPRESENTATIVE GROSS DURING CONSIDERATION OF H.R. 5888 WHICH WAS ENACTED AS PUB.L. 88-136, AND THAT IT WAS INCLUDED IN THE BILL AS PASSED BY THE HOUSE AND SENATE WITHOUT CHANGE. IN EXPLAINING THE PURPOSE OF THE PROHIBITION, REPRESENTATIVE GROSS STATED (109 CONG.DEC. 7440) IN PERTINENT PART, AS FOLLOWS:

"MR. GROSS: MR. CHAIRMAN, THE PURPOSE OF THIS AMENDMENT IS SIMPLE. WOULD PROHIBIT THE USE OF FUNDS APPROPRIATED IN THIS BILL FOR ANY ACTIVITIES INCLUDING THE PAYMENT OF SALARIES--- OF THE SO CALLED DOMESTIC PEACE CORPS STUDY GROUP, WHICH IS LOCATED IN OFFICES AT 736 JACKSON PLACE.

"THIS IS THE OUTFIT WHICH WAS SET UP SOME TIME AGO, WITHOUT SPECIFIC AUTHORITY OF CONGRESS, TO BEAT THE DRUMS FOR A DOMESTIC PEACE CORPS, OR NATIONAL SERVICE CORPS AS IT IS NOW CALLED. * * *

"I ALSO KNOW THAT THE GROUP HAS BEEN BUSY SENDING OUT THOUSANDS OF "NATIONAL SERVICE PROGRAM" QUESTIONNAIRES TO ALL PARTS OF THE COUNTRY. ALSO KNOW THAT AT LEAST ONE STUDY GROUP STAFF MEMBER HAS BEEN TRAVELING AROUND THE COUNTRY IN AN EFFORT TO BUILD UP PUBLIC SUPPORT FOR THE PROGRAM. * * *

"I CONTEND THAT ALL OF THE ACTIVITIES OF THE STUDY GROUP * * * IN BEHALF OF A NATIONAL SERVICE CORPS WHICH HAS NEVER BEEN AUTHORIZED AND WHICH WAS NOT EVEN FORMALLY PROPOSED TO CONGRESS UNTIL APRIL 11--- ARE BEING CONDUCTED WITHOUT AUTHORITY. IT IS FOR THIS REASON THAT I OFFER THIS AMENDMENT, AND I WOULD HOPE THAT IT WILL RECEIVE THE SUPPORT OF ALL MEMBERS WHO WANT TO PROTECT THE PREROGATIVES OF CONGRESS.'

THUS, THE TERMS OF THE PROHIBITION EVIDENCE A CLEAR INTENT TO DENY THE USE OF ALL FUNDS CONTAINED IN PUB.L. 88-136, FOR ANY ACTIVITIES RELATED DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS. AND WE AGREE WITH THE VIEWS OF THE GENERAL COUNSEL OF YOUR DEPARTMENT THAT THE OBJECTIVE OF THE PROVISION WAS TO PRECLUDE THE USE OF APPROPRIATIONS FOR ANY PROMOTIONAL ACTIVITY, STIMULATION, OR ANY OTHER EFFORT CONTRIBUTING TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS.

EXAMINATION OF THE RECORDS OF THE PUBLIC HEALTH SERVICE BY REPRESENTATIVES OF OUR OFFICE, WITH REFERENCE TO THE PROJECT IN QUESTION, DISCLOSES THAT BY LETTER OF DECEMBER 18, 1963, THE COMMISSIONER OF MENTAL HEALTH OF THE STATE OF CONNECTICUT SUBMITTED THE PROJECT TO THE DIRECTOR OF PROGRAM ANALYSIS, PRESIDENT'S STUDY GROUP FOR A NATIONAL SERVICE CORPS, 736 JACKSON PLACE, .W., WASHINGTON, D.C., AS A PROPOSAL FOR A RESEARCH PROJECT COVERING A PERIOD OF ONE YEAR AND REQUESTED FINANCIAL ASSISTANCE THEREFOR IN THE AMOUNT OF $64,112.50. THIS PROPOSAL APPARENTLY WAS THEN FORWARDED TO THE PUBLIC HEALTH SERVICE FOR CONSIDERATION.

IN THE APPLICATION FOR MENTAL HEALTH PROJECT GRANT SUBMITTED TO THE NATIONAL INSTITUTE OF MENTAL HEALTH ON FEBRUARY 24, 1964, WE NOTE THE STATEMENTS ON PAGE 7 THAT "THERE IS, OF COURSE, A GENERAL SIGNIFICANCE OF THE SUCCESS OF THE SERVICE CORPS PROGRAM (CONNECTICUT), BOTH FOR STUDENTS AND PATIENTS. IT IS VERY LIKELY THAT DECISIONS MADE IN THE NEAR FUTURE ON THE ADVISABILITY OF ESTABLISHING A NATIONAL SERVICE CORPS WOULD BE MATERIALLY AFFECTED BY HARD INFORMATION ON THE SUCCESS OF OUR PILOT PROGRAM IN CONNECTICUT. MOREOVER, THE DEVELOPMENT OF ANY EVENTUAL NATIONAL SERVICE CORPS RESOURCES IS VERY LIKELY TO BE CONTINGENT UPON EXISTING PROOFS OF THE SUCCESS OF PILOT PROGRAM SUCH AS OURS. ATTORNEY GENERAL ROBERT F. KENNEDY HAS PRAISED THE CONNECTICUT SERVICE CORPS AS THE ONLY WORKING EXAMPLE TO DATE OF THE PROJECTED NATIONAL PROGRAM. IF THE 33 -STUDENT PROGRAM OF LAST SUMMER HAD THIS KIND OF SIGNIFICANCE, THEN IT IS CLEAR THAT THIS SUMMER'S OPERATION WILL NOT BE LACKING IN IMPORTANCE. IS OUR INTENT TO OBSERVE CLOSELY AND TO DOCUMENT THE EFFECTS OF THIS PROJECT, SO THAT ITS SIGNIFICANCE MAY BE CORRECTLY INTERPRETED AND GENERALIZATIONS INTELLIGENTLY DREAM.'

WE NOTE ALSO THE COMMENTS OF STAFF PERSONNEL OF THE MENTAL HEALTH PROJECTS GRANTS SECTION, NIMH, IN RECOMMENDING APPROVAL AND SUPPORT OF THE PROJECT THAT "THIS PROJECT HAS SEVERAL IMPORTANT IMPLICATIONS: (A) IT PROPOSES TO EVALUATE A PROGRAM * * *. THEREFORE, THIS IS A MUCH NEEDED EVALUATION WHICH WOULD NOT DUPLICATE OTHER EVALUATIONS WHICH HAVE BEEN DONE; (B) THE CONNECTICUT SERVICE CORPS PROJECT IS A VERY IMPORTANT PILOT FOR THE PROPOSED NATIONAL SERVICE CORPS. LEGISLATION FOR THE NATIONAL SERVICE CORPS IS NOW BEING CONSIDERED IN THE U.S. CONGRESS. THE CONNECTICUT PROGRAM CAN GIVE A VALUABLE BOOST TO THE NATIONAL SERVICE CORPS LEGISLATION; (C) THE PRESENT CONNECTICUT SERVICE CORPS PROGRAM COULD SERVE AS AN IMPORTANT DEMONSTRATION FOR THE PROPOSED NATIONAL SERVICE CORPS. HOWEVER, IT IS HIGHLY IMPORTANT TO HAVE AN EVALUATION OF THIS PROGRAM SO THAT THE NATIONAL SERVICE CORPS WOULD HAVE THE BENEFIT OF SUCH EVALUATION.' THE MENTAL HEALTH PROJECT GRANTS AD HOC COMMITTEE, IN REVIEWING THE PROJECT APPLICATION AND RECOMMENDING ITS APPROVAL STATED THAT "THIS APPLICATION HAS SEVERAL IMPORTANT IMPLICATIONS. WITHIN THE PROJECT ITSELF, IT IS IMPORTANT TO EVALUATE THE CONNECTICUT SERVICE CORPS PROGRAM TO TRY TO DETERMINE THE EFFECT ON THE CORPSMEN, THE PATIENT AND THE HOSPITAL MILIEU. SINCE THIS PROJECT MAY SERVE AS A PILOT PROGRAM FOR THE PROPOSED NATIONAL SERVICE CORPS, IT IS OF NATIONAL IMPORTANCE TO HAVE EVALUATION.'

SUMMARIZING OUR EXAMINATION OF THE PUBLIC HEALTH SERVICE RECORDS CONCERNING THIS PROJECT, IT APPEARS THEREFROM THAT THE PROJECT WAS ORIGINALLY SUBMITTED AND JUSTIFIED BY THE CONNECTICUT DEPARTMENT OF MENTAL HEALTH TO THE PRESIDENT'S STUDY GROUP ON A NATIONAL SERVICE PROGRAM FOR FINANCIAL ASSISTANCE AS A NATIONAL SERVICE CORPS PROJECT. SHORTLY THEREAFTER, SUBSTANTIALLY THE SAME PROJECT WAS MADE THE SUBJECT OF APPLICATION TO THE NATIONAL INSTITUTE OF MENTAL HEALTH FOR A MENTAL HEALTH PROJECT GRANT, UNDER SECTION 303 OF THE PUBLIC HEALTH SERVICE ACT, AS AMENDED. THE COMMENTS OF THE APPLICANT AS WELL AS STAFF PERSONNEL OF NIMH AND THE AD HOC COMMITTEE REVIEWING AND RECOMMENDING THE APPLICATION FOR APPROVAL VERY PLAINLY INDICATE THAT WHILE AN IMPORTANT PURPOSE OF THE PROJECT IS TO ENABLE AN EVALUATION OF A PILOT PROGRAM DEVELOPED BY THE STATE OF CONNECTICUT INVOLVING THE USE OF STUDENTS WORKING WITH MENTAL PATIENTS DURING THE SUMMER, ANOTHER IMPORTANT OBJECTIVE OF THE PROGRAM IS THAT IT WOULD HAVE A MATERIAL BEARING UPON AND COULD GIVE A VALUABLE BOOST TO THE ENACTMENT OF LEGISLATION PENDING IN THE CONGRESS TO ESTABLISH A NATIONAL SERVICE CORPS.

THE AWARD OF A GRANT TO EVALUATE A PROGRAM INVOLVING THE USE OF STUDENTS WORKING WITH MENTAL PATIENTS FROM A STATE HOSPITAL DURING THE SUMMER, UNDER THE TERMS OF SECTION 303 OF THE PUBLIC HEALTH SERVICE ACT, WOULD BE LEGAL AND PROPER. HOWEVER, THE AWARD OF A GRANT FOR SUCH PURPOSES, WHICH ALSO INVOLVES AS ANOTHER IMPORTANT PURPOSE PROMOTION OF THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS WOULD, AS STATED BY YOUR GENERAL COUNSEL, VIOLATE THE PROVISIONS OF SECTION 906, QUOTED ABOVE.

THUS, IT IS CLEAR FROM THE PUBLIC HEALTH SERVICE RECORDS CONCERNING THIS PROJECT, THAT THE RELATIONSHIP BETWEEN THE PROJECT AND PROMOTION OF THE PENDING LEGISLATION TO ESTABLISH A NATIONAL SERVICE CORPS IS APPARENT OR REAL, RATHER THAN INDEFINITE OR REMOTE. CONSEQUENTLY, THE PROJECT COMES WITHIN THE CLASS OF ACTIVITIES RELATED "DIRECTLY OR INDIRECTLY TO THE ESTABLISHMENT OF A NATIONAL SERVICE CORPS" FOR WHICH THE RESTRICTIVE PROVISIONS OF SECTION 906 PROHIBIT THE USE OF ALL FUNDS CONTAINED IN PUB.L. 88-136 FOR SUCH PURPOSES.

IN LIGHT OF THE FOREGOING AND IN SPECIFIC ANSWER TO THE QUESTION PRESENTED, IT IS OUR VIEW THAT THE USE OF ANY FUNDS CONTAINED IN PUB. L. 88-136 TO AWARD A GRANT OF FUNDS FOR THE PROJECT IN QUESTION WOULD CONSTITUTE A VIOLATION OF THE STATUTORY PROHIBITION QUOTED ABOVE AND, THEREFORE, THE AWARD IS NOT AUTHORIZED.