B-173933, JAN 14, 1975, 54 COMP GEN 560

B-173933, JAN 14, 1975, 54 COMP GEN 560

LABOR DEPARTMENT - TRAINING PROGRAMS - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT THE LEGISLATIVE INTENT OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, PUBLIC LAW NO. 93-203, APPROVED DECEMBER 28, 1973, IS THAT FACILITIES OF AGENCIES OTHER THAN THE DEPARTMENT OF LABOR ARE TO BE USED FOR THE PURPOSES OF FULFILLING OBJECTIVES OF THE ACT. MODIFIES 51 COMP. GEN. 152. DEPARTMENTS AND ESTABLISHMENTS - "HOSTS" - ENROLLEES OR TRAINEES - COMPREHENSIVE EMPLOYMENT AND TRAINING ACT AGENCIES OF THE FEDERAL GOVERNMENT ARE NOT PRECLUDED FROM SERVING AS "HOSTS" TO ENROLLEES UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, PUBLIC LAW NO. 93-203, APPROVED DECEMBER 28, 1973, BY 31 U.S.C. 665(B). MODIFIES 51 COMP. GEN. 152.

IN THE MATTER OF PARTICIPATION OF FEDERAL AGENCIES IN THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, JANUARY 14, 1975:

THIS DECISION IS RENDERED AT THE REQUEST OF THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION (CSC) TO PROVIDE GUIDANCE AS TO THE EXTENT TO WHICH AGENCIES OF THE FEDERAL GOVERNMENT ARE AUTHORIZED TO MAKE FACILITIES AVAILABLE FOR TRAINING, WORK EXPERIENCE AND EMPLOYMENT FOR PARTICIPANTS IN PROGRAMS UNDERTAKEN PURSUANT TO THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 (CETA), PUBLIC LAW 93-203, APPROVED DECEMBER 28, 1973, 29 U.S.C. 801 NOTE.

SECTION 608 (29 U.S.C. 988) OF CETA READS AS FOLLOWS:

UTILIZATION OF SERVICES AND FACILITIES

SEC. 608(A) IN ADDITION TO SUCH OTHER AUTHORITY AS HE MAY HAVE, THE SECRETARY IS AUTHORIZED, IN THE PERFORMANCE OF HIS FUNCTIONS UNDER THIS ACT, AND TO THE EXTENT PERMITTED BY LAW, TO UTILIZE THE SERVICES AND FACILITIES OF DEPARTMENTS, AGENCIES, AND ESTABLISHMENTS OF THE UNITED STATES. THE SECRETARY IS ALSO AUTHORIZED TO ACCEPT AND UTILIZE THE SERVICES AND FACILITIES OF THE AGENCIES OF ANY STATE OR POLITICAL SUBDIVISION OF A STATE, WITH THEIR CONSENT.

(B) THE SECRETARY SHALL CARRY OUT HIS RESPONSIBILITIES UNDER THIS ACT THROUGH THE UTILIZATION, TO THE EXTENT APPROPRIATE, OF ALL RESOURCES FOR SKILL DEVELOPMENT AVAILABLE IN INDUSTRY, LABOR, PUBLIC AND PRIVATE EDUCATIONAL AND TRAINING INSTITUTIONS, VOCATIONAL REHABILITATION AGENCIES, AND OTHER STATE, FEDERAL, AND LOCAL AGENCIES, AND OTHER APPROPRIATE PUBLIC AND PRIVATE ORGANIZATIONS AND FACILITIES, WITH THEIR CONSENT.

THE LANGUAGE OF SECTION 608 AND THE REFERENCES THROUGHOUT THE LEGISLATIVE HISTORY OF CETA TO THE USE OF FEDERAL FACILITIES LEADS US TO THE CONCLUSION THAT IT WAS THE INTENT OF CONGRESS THAT SERVICES AND INSTRUMENTALITIES OF AGENCIES OF THE FEDERAL GOVERNMENT COULD BE UTILIZED BY THE SECRETARY OF LABOR IN ADMINISTERING THE ACT. WE HAVE NO DOUBT THAT CONGRESS MEANT TO MAKE AVAILABLE FOR PURPOSES OF THE PROGRAM WHATEVER FACILITIES OF THE FEDERAL GOVERNMENT COULD BE USEFUL IN ACCOMPLISHING ITS PURPOSES. SEE S. REPORT NO. 93-304, 93D CONG., 1ST SESS., SEC. 29 (1973); H.R. REPORT NO. 93-659, 93D CONG., 1ST SESS. SEC. 26 (1973).

THE BASIC ISSUE INVOLVED, THEN, IS WHETHER THERE EXISTS ANY PROVISION OF LAW THAT MAY BE REGARDED AS PROHIBITING FEDERAL AGENCIES FROM ACCEPTING THE FREE SERVICES OF TRAINEES OR ENROLLEES PAID WITH FEDERAL GRANT FUNDS BY LOCAL SPONSORS. IN THIS REGARD ONE OF THE CONCERNS OF THE CSC WITH RESPECT TO THE MATTER IS WHETHER 31 U.S.C. SEC. 665(B), AS INTERPRETED BY OUR OFFICE IN 51 COMP. GEN. 152 (1971), WOULD CONSTITUTE SUCH A PROHIBITION. THE CITED SECTION OF TITLE 31 READS AS FOLLOWS:

NO OFFICER OR EMPLOYEE OF THE UNITED STATES SHALL ACCEPT VOLUNTARY SERVICE FOR THE UNITED STATES OR EMPLOY PERSONAL SERVICE IN EXCESS OF THAT AUTHORIZED BY LAW, EXCEPT IN CASES OF EMERGENCY INVOLVING THE SAFETY OF HUMAN LIFE OR THE PROTECTION OF PROPERTY.

31 U.S.C. SEC. 665(B) HAS BEEN INTERPRETED AS BARRING "THE ACCEPTANCE OF UNAUTHORIZED SERVICES NOT INTENDED OR AGREED TO BE GRATUITOUS AND, THEREFORE, LIKELY TO AFFORD A BASIS FOR A FUTURE CLAIM ON CONGRESS." OP. ATTY. GEN. 51 (1913). THE ENROLLEES OR TRAINEES HERE INVOLVED WOULD BE PARTICIPATING IN A PROGRAM AUTHORIZED AND FUNDED PURSUANT TO A FEDERAL STATUTE DESIGNED TO UTILIZE THE FEDERAL ESTABLISHMENT TO THE MAXIMUM EXTENT FEASIBLE IN PROVIDING WORK AND TRAINING OPPORTUNITIES FOR THOSE IN NEED THEREOF. UNDER THE CIRCUMSTANCES CONSIDERING THAT THE SERVICES IN QUESTION WILL ARISE OUT OF A PROGRAM INITIATED BY THE FEDERAL GOVERNMENT, IT WOULD BE ANOMALOUS TO CONCLUDE THAT SUCH SERVICES ARE PROSCRIBED AS BEING VOLUNTARY WITHIN THE MEANING OF 31 U.S.C. SEC. 665(B). THAT IS TO SAY, IT IS OUR OPINION THAT THE UTILIZATION OF ENROLLEES OR TRAINEES BY A FEDERAL AGENCY UNDER THE CIRCUMSTANCES HERE INVOLVED NEED NOT BE CONSIDERED THE ACCEPTANCE OF "VOLUNTARY SERVICES" WITHIN THE MEANING OF THAT PHRASE AS USED IN 31 U.S.C. SEC. 665(B).

IN LIGHT OF THE FOREGOING IT IS OUR VIEW THAT FEDERAL AGENCIES MAY PARTICIPATE AS HOSTS FOR ENROLLEES OR TRAINEES BY PROVIDING WORK, TRAINING PROJECTS AND ON-SITE EXPERIENCE - ON TASKS AND OPERATIONS INVOLVING THE AGENCY'S MISSION - TO TRAINEES WHO ARE SPONSORED AND PAID FROM FEDERAL GRANT FUNDS BY NON-FEDERAL ORGANIZATIONS, INCLUDING STATE AND LOCAL GOVERNMENTS UNDER THE YOUTH PROGRAMS PROVIDED FOR IN TITLE III OF THE CETA.

TO THE EXTENT THE RATIONALE EXPRESSED IN 51 COMP. GEN. 152 (1971) IS INCONSISTENT WITH THE FOREGOING IT WILL NO LONGER BE FOLLOWED.