B-196841(1),L/M, DEC 18, 1980

B-196841(1),L/M: Dec 18, 1980

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ENVIRONMENTAL PROTECTION AGENCY: THE RADIATION POLICY COUNCIL WAS ESTABLISHED BY EXECUTIVE ORDER NO. 12194. WE ARE NOT AWARE OF THE SOURCES AND METHOD OF FINANCIAL SUPPORT FOR THE COUNCIL FOR PURPOSES OF THE APPLICATION OF 31 U.S.C. 1946 (31 U.S.C. 691) WHICH DO NOT HAVE PRIOR AND SPECIFIC CONGRESSIONAL APPROVAL OF SUCH METHOD OF FINANCIAL SUPPORT.". THE SECTION 608 PROHIBITION IS STILL VIABLE BY VIRTUE OF SUBSECTION 101(A) OF THE JOINT RESOLUTION MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1981. A SIMILAR LETTER IS BEING SENT TO DR. CERTAIN ASPECTS OF THIS MATTER HAVE BEEN DISCUSSED OVER THE TELEPHONE WITH MR. WE ARE REQUESTING THE VIEWS OF THAT OFFICE IN WRITING AS WELL. COORDINATED OR CONSOLIDATED RESPONSES WILL BE SATISFACTORY.

B-196841(1),L/M, DEC 18, 1980

OFFICE OF GENERAL COUNSEL

DOUGLAS M. COSTLE, ENVIRONMENTAL PROTECTION AGENCY:

THE RADIATION POLICY COUNCIL WAS ESTABLISHED BY EXECUTIVE ORDER NO. 12194, 45 F.R. 12209 (FEBRUARY 25, 1980), FOR 4 YEARS AND HAS A MEMBERSHIP THAT INCLUDES THE HEADS OF AT LEAST 13 AGENCIES OR THEIR REPRESENTATIVES. HOWEVER, WE ARE NOT AWARE OF THE SOURCES AND METHOD OF FINANCIAL SUPPORT FOR THE COUNCIL FOR PURPOSES OF THE APPLICATION OF 31 U.S.C. SEC. 691 AND SECTION 608 OF THE TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1980, PUB. L. NO. 96-74, APPROVED SEPTEMBER 29, 1979, 93 STAT. 559, 575. THESE SECTIONS RESPECTIVELY PROVIDE:

"APPROPRIATIONS OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT SHALL BE AVAILABLE FOR THE EXPENSES OF COMMITTEES, BOARDS, OR OTHER INTERAGENCY GROUPS ENGAGED IN AUTHORIZED ACTIVITIES OF COMMON INTEREST TO SUCH DEPARTMENTS AND ESTABLISHMENTS AND COMPOSED IN WHOLE OR IN PART OF REPRESENTATIVES THEREOF WHO RECEIVE NO ADDITIONAL COMPENSATION BY VIRTUE OF SUCH MEMBERSHIP: PROVIDED, THAT EMPLOYEES OF SUCH DEPARTMENTS AND ESTABLISHMENTS RENDERING SERVICE FOR SUCH COMMITTEES, BOARDS, OR OTHER GROUPS, OTHER THAN AS REPRESENTATIVES, SHALL RECEIVE NO ADDITIONAL COMPENSATION BY VIRTUE OF SUCH SERVICE."

"NO PART OF ANY APPROPRIATION CONTAINED IN THIS OR ANY OTHER ACT, SHALL BE AVAILABLE TO FINANCE INTERDEPARTMENTAL BOARDS, COMMISSIONS, COUNCILS, COMMITTEES, OR SIMILAR GROUPS UNDER SECTION 214 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946 (31 U.S.C. 691) WHICH DO NOT HAVE PRIOR AND SPECIFIC CONGRESSIONAL APPROVAL OF SUCH METHOD OF FINANCIAL SUPPORT."

AN IDENTICAL PROVISION TO THE LATTER APPEARS AS SECTION 608 OF H.R. 7588, 96TH CONGRESS, THE PROPOSED TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1981. ALTHOUGH H.R. 7583 HAS NOT YET BEEN ENACTED, THE SECTION 608 PROHIBITION IS STILL VIABLE BY VIRTUE OF SUBSECTION 101(A) OF THE JOINT RESOLUTION MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1981, PUB. L. NO. 96-369, APPROVED OCTOBER 1, 1980, 94 STAT. 1351.

ACCORDINGLY, WE WOULD APPRECIATE YOUR PROVIDING US IN DETAIL THE SOURCES OF ANY FUNDS EXPENDED BY THE COUNCIL BY DOLLAR AMOUNT AND COUNCIL FUNCTION (ADMINISTRATIVE SUPPORT, STAFF, ETC.), THE PROPORTION OF TIME SPENT BY EACH STAFF MEMBER ON COUNCIL BUSINESS VERSUS THE BUSINESS OF EACH'S "HOME" AGENCY, THE STEPS TAKEN BY THE COUNCIL TO OBTAIN THE SPECIFIC CONGRESSIONAL APPROVAL OF THE METHOD OF FINANCIAL SUPPORT FOR THE COUNCIL REQUIRED BY SECTION 608, AND ANY ADDITIONAL COMMENTS THAT YOU MAY CARE TO MAKE. WE WOULD APPRECIATE A RESPONSE WITHIN 30 DAYS. ANY QUESTIONS MAY BE ADDRESSED TO MR. RICHARD SPRINGER (275-5544) OF MY STAFF.

A SIMILAR LETTER IS BEING SENT TO DR. DONALD S. FREDERICKSON OF THE NATIONAL INSTITUTES OF HEALTH, CHAIRMAN OF THE INTERAGENCY RADIATION RESEARCH COMMITTEE, CONCERNING THAT COMMITTEE. IN ADDITION, CERTAIN ASPECTS OF THIS MATTER HAVE BEEN DISCUSSED OVER THE TELEPHONE WITH MR. WILLIAM M. NICHOLS, GENERAL COUNSEL OF THE OFFICE OF MANAGEMENT AND BUDGET, AND WE ARE REQUESTING THE VIEWS OF THAT OFFICE IN WRITING AS WELL. SHOULD YOU FIND IT DESIRABLE OR CONVENIENT, COORDINATED OR CONSOLIDATED RESPONSES WILL BE SATISFACTORY.