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B-114876, NOV. 17, 1965, 45 COMP. GEN. 255

B-114876 Nov 17, 1965
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APPROPRIATIONS - AUGMENTATION - RELATED ACTIVITIES OF AGENCIES - CORREGIDOR-BATAAN MEMORIAL ALTHOUGH THE FUNCTIONS OF THE CORREGIDOR-BATAAN MEMORIAL COMMISSION AND THE VETERANS ADMINISTRATION ARE INTERWOVEN IN CARRYING OUT THE ACT OF AUGUST 3. THE TWO APPROPRIATIONS WHILE INVOLVING THE SAME PROJECT ARE NEVERTHELESS SEPARATE AND DISTINCT AND. THE QUESTION WHETHER ANY PART OF THE FUNDS INVOLVED ARE AVAILABLE FOR THE TRAVEL OF STAFF MEMBERS OF THE COMMISSION. THE CORREGIDOR-BATAAN MEMORIAL COMMISSION WAS ESTABLISHED PURSUANT TO AN ACT OF AUGUST 5. THE COMMISSION'S INITIAL AND PRIMARY FUNCTION WAS TO UNDERTAKE. THE INITIAL AUTHORIZATION WAS SUBSEQUENTLY INCREASED ON JULY 25. OF PARTICULAR SIGNIFICANCE IS A RECENT AMENDMENT OF DECEMBER 23.

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B-114876, NOV. 17, 1965, 45 COMP. GEN. 255

APPROPRIATIONS - AUGMENTATION - RELATED ACTIVITIES OF AGENCIES - CORREGIDOR-BATAAN MEMORIAL ALTHOUGH THE FUNCTIONS OF THE CORREGIDOR-BATAAN MEMORIAL COMMISSION AND THE VETERANS ADMINISTRATION ARE INTERWOVEN IN CARRYING OUT THE ACT OF AUGUST 3, 1953, AS AMENDED (36 U.S.C. 426), TO ESTABLISH A WORLD WAR II MEMORIAL ON CORREGIDOR ISLAND, REPUBLIC OF THE PHILIPPINES, MONEY FOR THE TRAVEL OF STAFF MEMBERS MAY NOT BE MADE AVAILABLE TO THE COMMISSION FROM THE CURRENT NO-YEAR FUNDS TO THE ADMINISTRATION FOR THE CONSTRUCTION OF THE MEMORIAL, PROVIDED IN THE ACT OF JUNE 28, 1965, ALSO AUTHORIZING 1966 FISCAL YEAR FUNDS TO THE COMMISSION FOR SALARY AND EXPENSES, THE TWO APPROPRIATIONS WHILE INVOLVING THE SAME PROJECT ARE NEVERTHELESS SEPARATE AND DISTINCT AND, THEREFORE, THE FISCAL YEAR APPROPRIATION TO THE COMMISSION FOR NECESSARY EXPENSES MAY NOT BE AUGMENTED TO PROVIDE FOR THE TRAVEL OF STAFF MEMBERS BY AN ALLOCATION OF FUNDS FROM THE RELATED APPROPRIATION TO THE VETERANS ADMINISTRATION FOR THE CONSTRUCTION OF THE MEMORIAL.

TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, NOVEMBER 17, 1965:

WE REFER TO YOUR LETTER OF SEPTEMBER 22, 1965, WITH ENCLOSURES, CONCERNING A REQUEST OF THE CORREGIDOR-BATAAN MEMORIAL COMMISSION THAT $3,000 OF THE CURRENT APPROPRIATION TO THE VETERANS ADMINISTRATION FOR THE WORLD WAR II MEMORIAL ON CORREGIDOR ISLAND, REPUBLIC OF THE PHILIPPINES, BE SET ASIDE FOR TRAVEL OF A STAFF MEMBER OF THE COMMISSION DURING FISCAL YEAR 1966. YOUR LETTER SUBMITTED FOR OUR DECISION, AT THE SUGGESTION OF THE CHAIRMAN OF THE COMMISSION, THE QUESTION WHETHER ANY PART OF THE FUNDS INVOLVED ARE AVAILABLE FOR THE TRAVEL OF STAFF MEMBERS OF THE COMMISSION.

THE CORREGIDOR-BATAAN MEMORIAL COMMISSION WAS ESTABLISHED PURSUANT TO AN ACT OF AUGUST 5, 1953 (PUBLIC LAW 193, 83D CONG.; 67 STAT. 366; 36 U.S.C. 426). THE COMMISSION'S INITIAL AND PRIMARY FUNCTION WAS TO UNDERTAKE, IN COOPERATION WITH ANY SIMILAR AGENCY IN THE PHILIPPINES, A STUDY FOR THE ESTABLISHMENT ON CORREGIDOR ISLAND OF A MEMORIAL IN HONOR OF THE PHILIPPINE AND AMERICAN SERVICEMEN WHO LOST THEIR LIVES WHILE SERVING IN THE PHILIPPINES DURING WORLD WAR II, AND TO REPORT THEREON TO THE PRESIDENT WITHIN 1 YEAR. OVER THE YEARS THE ORGANIC ACT OF THE COMMISSION HAS BEEN AMENDED TO ENLARGE THE ROLE OF COMMISSION IN THE ESTABLISHMENT OF A CORREGIDOR-BATAAN MEMORIAL. AN ACT OF AUGUST 9, 1955 (PUBLIC LAW 298, 84TH CONG.; 69 STAT. 589, 590, 36 U.S.C. 426), AMONG OTHER THINGS, AUTHORIZED THE COMMISSION "TO DECIDE, AFTER CONSULTATION WITH A SIMILAR COMMISSION IN THE PHILIPPINES, AS TO THE TYPE OF MEMORIAL, INCLUDING ALL STRUCTURES, REPAIRS, ROADS, AND IMPROVEMENTS ON CORREGIDOR ISLAND * * *.'

THE ACT OF 1955 CONTAINED THE FIRST APPROPRIATION AUTHORIZATION FOR EXPENSES OF THE COMMISSION. THE INITIAL AUTHORIZATION WAS SUBSEQUENTLY INCREASED ON JULY 25, 1958, FROM $100,000 TO $200,000. PUBLIC LAW 85-556, 72 STAT. 416, 417.

OF PARTICULAR SIGNIFICANCE IS A RECENT AMENDMENT OF DECEMBER 23, 1963 (PUBLIC LAW 88-240, 77 STAT. 477), WHICH PROVIDED THAT THE PLANS FOR THE MEMORIAL SHALL INCLUDE TWIN FLAGPOLES AT A HIGH POINT ON THE ISLAND FOR THE FLAGS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES; A BUILDING, OR BUILDINGS, FOR USE AS AN AUDITORIUM AND TOURIST CENTER; AND A CONTIGUOUS BATTLEFIELD PARK OF APPROPRIATE SIZE IN WHICH MAY BE PLACED HISTORICAL MARKERS AND MEMENTOS OF THE PACIFIC PHASE OF WORLD WAR II. THE AMENDMENT OF 1963 ALSO PROVIDED FOR UNITED STATES PARTICIPATION, IN COOPERATION WITH THE PHILIPPINE AUTHORITIES, IN THE PREPARATION OF DOCUMENTARY FILMS COMMEMORATING THE STORY OF BATAAN AND CORREGIDOR, AND OTHER PACIFIC PHASES OF WORLD WAR II. FOR THE REALIZATION OF THE CORREGIDOR-BATAAN MEMORIAL, AND THE PREPARATION OF COMMEMORATIVE FILMS, THE AMENDATORY ACT OF 1963 AUTHORIZED AN APPROPRIATION WITHOUT FISCAL YEAR LIMITATION IN THE AMOUNT OF $1,500,000. BUT THE NEW APPROPRIATION AUTHORIZATION WAS TO THE VETERANS ADMINISTRATION, IN VIEW OF ITS CONSTRUCTION EXPERIENCE, THE EXISTENCE OF ITS ADMINISTRATIVE ORGANIZATION IN MANILA, AND ITS WILLINGNESS TO ACCEPT THE RESPONSIBILITY FOR ACHIEVING THE OBJECTIVES OF THE AUTHORIZATION.

IN CONSONANCE WITH THE PROVISIONS OF THE CORREGIDOR-BATAAN MEMORIAL, LEGISLATION FUNDS WERE APPROPRIATED TO THE COMMISSION AND THE VETERANS ADMINISTRATION. THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1966 (PUBLIC LAW 89-52, APPROVED JUNE 28, 1965, 79 STAT. 191), PROVIDES:

CORREGIDOR-BATAAN MEMORIAL COMMISSION SALARIES AND

EXPENSES

FOR EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT OF AUGUST 5, 1953 (67 STAT. 366), AS AMENDED, $25,000.

VETERANS ADMINISTRATION

CONSTRUCTION, CORREGIDOR-BATAAN MEMORIAL

FOR PLANNING AND CONSTRUCTING A MEMORIAL ON CORREGIDOR ISLAND, AND OTHER EXPENSES, AS AUTHORIZED BY THE ACT OF AUGUST 5, 1953, AS AMENDED (36 U.S.C. 426), $1,400,000, TO REMAIN AVAILABLE UNTIL EXPENDED.

THE TWO APPROPRIATIONS, WHILE INVOLVING THE SAME PROJECT, THE CORREGIDOR- BATAAN MEMORIAL, ARE NEVERTHELESS SEPARATE AND DISTINCT. ONE, A FISCAL YEAR APPROPRIATION, IS FOR THE NECESSARY EXPENSES OF THE COMMISSION IN THE PERFORMANCE OF ITS FUNCTIONS UNDER THE ACT OF AUGUST 5, 1953; THE OTHER, A NO-YEAR APPROPRIATION, IS FOR THE EXPENSES OF THE VETERANS ADMINISTRATION IN THE PERFORMANCE OF ITS FUNCTIONS UNDER THE ACT.

THE $3,000 REQUEST OF THE COMMISSION FOR TRAVEL OF A MEMBER OF ITS STAFF INVOLVES TASKS WHICH THE COMMISSION CLEARLY CONSIDERS TO BE ENCOMPASSED BY ITS STATUTORY FUNCTIONS. AND, ALTHOUGH THE FUNCTIONS OF THE COMMISSION AND THOSE OF THE VETERANS ADMINISTRATION ARE INTERWOVEN, A FACT WHICH WE MAY PRESUME WAS RECOGNIZED BY THE CONGRESS, WE PERCEIVE NO LEGAL BASIS FOR THE REQUEST OF THE COMMISSION THAT ITS APPROPRIATION BE AUGMENTED BY AN ALLOCATION OF FUNDS FROM THE RELATED APPROPRIATION TO THE VETERANS ADMINISTRATION.

ACCORDINGLY, YOU ARE ADVISED WE ARE OF THE OPINION THAT NO PART OF THE $1,400,000 APPROPRIATION TO THE VETERANS ADMINISTRATION IS AVAILABLE FOR THE TRAVEL OF STAFF MEMBERS OF THE CORREGIDOR-BATAAN MEMORIAL COMMISSION IN THE PERFORMANCE OF THE FUNCTIONS OF THE COMMISSION.

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