B-158063, FEB. 2, 1966, 45 COMP. GEN. 476

B-158063: Feb 2, 1966

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TRANSPORTATION - PASSENGER - OTHER THAN GOVERNMENT PERSONNEL - AUTHORITY THE TRANSPORTATION BY CHARTERED BUS OF FEMALE GUESTS TO PROVIDE SOCIAL AND RECREATIONAL SERVICES TO JOB CORPS ENROLLEES IS NOT WITHIN THE PROHIBITION IN 31 U.S.C. 551. THE TRIP FOR WHICH THE TRANSPORTATION CHARGES ARE CLAIMED CONSTITUTING THAT PART OF THE PROGRAM CONTEMPLATED BY THE 1964 ACT. 1966: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18. OTHER EXPENSES AS THE DIRECTOR MAY DEEM NECESSARY OR APPROPRIATE FOR THEIR NEEDS. * * * IT IS ASSUMED THAT THE TRIP FOR WHICH TRANSPORTATION CHARGES ARE CLAIMED CONSTITUTED PART OF A PROGRAM DESIGNED TO ENHANCE THE SOCIAL. THERE IS NO DOUBT THAT SUCH PURPOSE IS CONTEMPLATED BY THE STATUTORY PROVISIONS QUOTED.

B-158063, FEB. 2, 1966, 45 COMP. GEN. 476

TRANSPORTATION - PASSENGER - OTHER THAN GOVERNMENT PERSONNEL - AUTHORITY THE TRANSPORTATION BY CHARTERED BUS OF FEMALE GUESTS TO PROVIDE SOCIAL AND RECREATIONAL SERVICES TO JOB CORPS ENROLLEES IS NOT WITHIN THE PROHIBITION IN 31 U.S.C. 551, RESTRICTING THE FURNISHING OF TRANSPORTATION FOR THE PURPOSE OF HOLDING CONVENTIONS OR OTHER FORMS OF ASSEMBLAGE OR GATHERING, AND PAYMENT FOR THE RENTAL OF THE BUS MAY BE AUTHORIZED UNDER SECTION 105 (A) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 (42 U.S.C. 2715 (A) (, THE TRIP FOR WHICH THE TRANSPORTATION CHARGES ARE CLAIMED CONSTITUTING THAT PART OF THE PROGRAM CONTEMPLATED BY THE 1964 ACT, DESIGNED TO ENHANCE THE SOCIAL, EDUCATIONAL, AND CULTURAL DEVELOPMENT OF JOB CORPSMEN.

TO F. H. HUFF, UNITED STATES DEPARTMENT OF AGRICULTURE, FEBRUARY 2, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1965, REQUESTING OUR DECISION AS TO WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT A VOUCHER COVERING PAYMENT FOR RENTAL OF A CHARTERED BUS FOR THE TRANSPORTATION OF FEMALE GUESTS FROM ALBUQUERQUE TO GRANTS, NEW MEXICO, AND RETURN, FOR PURPOSES OF PROVIDING SOCIAL AND RECREATIONAL SERVICES TO JOB CORPS ENROLLEES.

SECTION 105 (A) OF THE ECONOMIC OPPORTUNITY ACT OF 1964, PUBLIC LAW 88- 452, APPROVED AUGUST 20, 1964, 78 STAT. 508, 509, 42 U.S.C. 2715 (A), PROVIDES IN PERTINENT PART THAT:

ENROLLEES MAY BE PROVIDED WITH SUCH LIVING, TRAVEL AND LEAVE ALLOWANCES, AND SUCH QUARTERS, SUBSISTENCE, TRANSPORTATION, EQUIPMENT, CLOTHING, RECREATIONAL SERVICES, MEDICAL, DENTAL, HOSPITAL, AND OTHER HEALTH SERVICES, AND OTHER EXPENSES AS THE DIRECTOR MAY DEEM NECESSARY OR APPROPRIATE FOR THEIR NEEDS. * * *

IT IS ASSUMED THAT THE TRIP FOR WHICH TRANSPORTATION CHARGES ARE CLAIMED CONSTITUTED PART OF A PROGRAM DESIGNED TO ENHANCE THE SOCIAL, EDUCATIONAL, AND CULTURAL DEVELOPMENT OF JOB CORPSMEN. THERE IS NO DOUBT THAT SUCH PURPOSE IS CONTEMPLATED BY THE STATUTORY PROVISIONS QUOTED. SEE S.REPT. NO. 86, JULY 23, 1964, AT PAGE 43 AND H.REPT. NO. 1458, JUNE 3, 1964, AT PAGE 5 TO THE FOLLOWING EFFECT:

IT IS THE TASK OF THE CONSERVATION CAMPS TO DO FAR MORE THAN PROVIDE BASIC EDUCATION, SKILL, TRAINING, AND WORK EXPERIENCE; THEY MUST CHANGE INDIFFERENCE TO INTEREST, IGNORANCE TO AWARENESS, RESIGNATION TO AMBITION, AND AN ATTITUDE OF WITHDRAWAL TO ONE OF PARTICIPATION. IN ORDER TO ACHIEVE THIS, THE CAMPS MUST PROVIDE A SERIES OF LIVING, WORKING, TRAINING, COUNSELING, AND RECREATIONAL EXPERIENCES, AND A SENSE OF BELONGING WHICH THE HOMES AND NEIGHBORHOODS RARELY SUPPLIED. SENATE REPORT.

IN ADDITION TO THE EDUCATION AND TRAINING EACH ENROLLEE WILL RECEIVE, HE OR SHE WILL ALSO BENEFIT FROM A NEW AND WHOLESOME ENVIRONMENT, PHYSICAL TRAINING, ADEQUATE MEDICAL SERVICE, AND INTENSIVE GUIDANCE AND COUNSELING. SOCIAL RESPONSIBILITY, RESPECT FOR OTHERS, AND PRIDE IN PERSONAL ACHIEVEMENT WILL BE ENCOURAGED THROUGH EXTRA CURRICULAR PROGRAMS TAILORED TO THE NEEDS OF THE ENROLLEES. * * * HOUSE REPORT.

FUNDS TO CARRY OUT SUCH PROGRAMS DURING FISCAL YEAR 1966 WERE APPROPRIATED BY PUBLIC LAW 89-309, APPROVED OCTOBER 31, 1965, 79 STAT. 1133, 1145, INCLUDING PROVISION FOR THE PURCHASE AND HIRE OF PASSENGER AUTOMOBILES.

IN LIGHT OF THE ABOVE, THERE DOES NOT APPEAR TO BE ANY QUESTION BUT THAT PROCUREMENT OF THE TRANSPORTATION SERVICES INVOLVED WAS AUTHORIZED. HOWEVER, YOUR DOUBT IN THE MATTER ARISES BY VIRTUE OF THE STATUTORY PROVISION CODIFIED AT 31 U.S.C. 551, THAT:

UNLESS SPECIFICALLY PROVIDED BY LAW, NO MONEYS FROM FUNDS APPROPRIATED FOR ANY PURPOSE SHALL BE USED FOR THE PURPOSE OF LODGING, FEEDING, CONVEYING, OR FURNISHING TRANSPORTATION TO, ANY CONVENTIONS OR OTHER FORM OF ASSEMBLAGE OR GATHERING TO BE HELD IN THE DISTRICT OF COLUMBIA OR ELSEWHERE. * * *

THESE PROVISIONS DERIVE FROM PUBLIC RESOLUTION NO. 2, 74TH CONGRESS, APPROVED FEBRUARY 2, 1935, 49 STAT. 19, 31 U.S.C. 551. THE FULL RESOLUTION MAKES CLEAR THAT IT WAS ENACTED TO DECLARE THE POLICY OF THE CONGRESS AS BEING AGAINST THE EXPENDITURE OF GOVERNMENT FUNDS TO HONOR NUMEROUS APPLICATIONS WHICH WERE THEN BEING RECEIVED FROM VARIOUS ORGANIZATIONS REQUESTING LODGING, FOOD, AND TRANSPORTATION FOR THE PURPOSE OF HOLDING CONVENTIONS OR MEETINGS. IT CANNOT REASONABLY BE CONCLUDED THAT THE POLICY CONSIDERATIONS WHICH LED TO ENACTMENT OF THE PROHIBITION ARE SUFFICIENTLY RELATED TO THE PURPOSE FOR WHICH TRANSPORTATION WAS PROVIDED IN THIS CASE AS TO CONSTITUTE THAT PURPOSE A CONVENTION, ASSEMBLAGE, OR GATHERING WITHIN THE MEANING OF THOSE TERMS AS USED IN THE RESOLUTION. CF. CHURCH OF THE HOLY TRINITY V. UNITED STATES, 143 U.S. 457.

ACCORDINGLY, THE VOUCHER ENCLOSED WITH YOUR LETTER AND RETURNED HEREWITH, TOGETHER WITH ATTACHMENTS THERETO, MAY PROPERLY BE CERTIFIED FOR PAYMENT. YOUR ATTENTION IS DIRECTED TO THE FACT THAT THE AMOUNT CLAIMED IS $96.40 RATHER THAN $146.40 AS INDICATED IN YOUR LETTER AND CERTAIN ATTACHMENTS TO THE VOUCHER.