B-124969, AUGUST 31, 1955, 35 COMP. GEN. 129

B-124969, AUGUST 31, 1955, 35 COMP. GEN. 129

APPROPRIATIONS - AVAILABILITY - TRAVEL EXPENSES OF DELEGATES TO WHITE HOUSE CONFERENCE ON EDUCATION FUNDS PROVIDED BY SUPPLEMENTAL APPROPRIATION ACT, 1956, FOR SALARY AND EXPENSES, WHITE HOUSE CONFERENCE ON EDUCATION, MAY BE REGARDED AS AVAILABLE FOR THE PAYMENT OF TRANSPORTATION COSTS FOR DELEGATES INVITED TO THE CONFERENCE IF IT IS ADMINISTRATIVELY DETERMINED THAT PAYMENT IS ESSENTIAL TO INSURE THE WIDE REPRESENTATION CONTEMPLATED AT THAT CONFERENCE.

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AUGUST 31, 1955:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1955, WITH ENCLOSURE REQUESTING ADVICE AS TO WHETHER THE ACT OF JULY 26, 1954, 68 STAT. 532, PROVIDING FOR A WHITE HOUSE CONFERENCE ON EDUCATION, AUTHORIZES APPROPRIATIONS TO PAY THE TRAVEL COSTS OF PERSONS OFFICIALLY INVITED TO ATTEND THE CONFERENCE. THE QUESTION IS PRESENTED IN VIEW OF THE FOLLOWING STATEMENT APPEARING ON PAGE 12 OF HOUSE CONFERENCE REPORT NO. 1586, 84TH CONGRESS, ON THE SUPPLEMENTAL APPROPRIATION ACT, 1956, PUBLIC LAW 219, APPROVED AUGUST 4, 1955, 69 STAT. 450:

AMENDMENT NO. 100: APPROPRIATES $220,000 FOR " SALARIES AND EXPENSES, WHITE HOUSE CONFERENCE ON EDUCATION," INSTEAD OF $50,000 AS PROPOSED BY THE HOUSE AND $238,000 AS PROPOSED BY THE SENATE, HOWEVER, THE MANAGERS ON THE PART OF THE HOUSE REITERATE THE THOUGHT SET FORTH IN HOUSE REPORT NO. 1116, THAT THE LEGISLATION WHICH AUTHORIZED THE WHITE HOUSE CONFERENCE ON EDUCATION DOES NOT AUTHORIZE THE USE OF FEDERAL FUNDS FOR THE TRAVEL EXPENSES OF DELEGATES TO THE CONFERENCE, AND WILL EXPECT THAT THE DEPARTMENT SECURE AN OPINION ON THIS MATTER FROM THE COMPTROLLER GENERAL BEFORE OBLIGATING ANY FUNDS FOR SUCH PURPOSE. IF HIS OPINION IS THAT THE USE OF FUNDS FOR SUCH PURPOSE IS NOT SO AUTHORIZED, IT WILL BE EXPECTED THAT THE DIRECTOR OF THE BUREAU OF THE BUDGET WILL IMPOUND $170,000 OF THE APPROPRIATION FOR THIS ITEM.

ACCOMPANYING YOUR LETTER IS A COPY OF AN OPINION DATED JULY 13, 1955, FROM THE GENERAL COUNSEL OF YOUR DEPARTMENT TO THE COMMISSIONER OF EDUCATION WHICH HOLDS, IN EFFECT, THAT THE STATUTE SHOULD BE CONSTRUED AS AUTHORIZING APPROPRIATIONS TO PAY THE TRAVEL COSTS OF PERSONS OFFICIALLY INVITED TO ATTEND THE CONFERENCE. IN CONNECTION THEREWITH, YOU STATE THAT THE MATTER RECENTLY WAS CONSIDERED IN THE DEPARTMENT OF JUSTICE AND BY THE LEGISLATIVE COUNSEL OF THE SENATE AND THAT THE CONCLUSIONS REACHED IN BOTH INSTANCES WERE IN ACCORD WITH THAT OF THE GENERAL COUNSEL.

SECTION 1 OF THE CITED ACT OF JULY 26, 1954, 68 STAT. 532, PROVIDES FOR A WHITE HOUSE CONFERENCE ON EDUCATION TO BRING TOGETHER A GROUP BROADLY REPRESENTATIVE OF EDUCATORS AND OTHER INTERESTED CITIZENS FROM ALL PARTS OF THE NATION TO CONSIDER AND REPORT TO THE PRESIDENT ON SIGNIFICANT AND PRESSING PROBLEMS IN THE FIELD OF EDUCATION. SECTION 2 AUTHORIZES THE APPROPRIATION OF $1,000,000 FOR GRANTS TO STATES TO ASSIST THEM TO BRING TOGETHER, PRIOR TO THE WHITE HOUSE CONFERENCE, EDUCATORS AND OTHER INTERESTED CITIZENS TO DISCUSS EDUCATIONAL PROBLEMS IN THE STATE AND MAKE RECOMMENDATIONS FOR APPROPRIATE ACTION TO BE TAKEN AT LOCAL, STATE, AND FEDERAL LEVELS. REPORTS OF SUCH FINDINGS AND RECOMMENDATIONS ARE TO BE MADE FOR USE IN THE WHITE HOUSE CONFERENCE. SECTION 3 AUTHORIZES APPROPRIATIONS TO THE COMMISSIONER OF EDUCATION OF SUCH SUMS AS THE CONGRESS DETERMINES NECESSARY FOR THE ADMINISTRATION OF THAT ACT.

PAYMENT OF TRAVEL EXPENSES OF DELEGATES OR OTHERS IN ATTENDANCE AT THE WHITE HOUSE CONFERENCE ON EDUCATION IS NOT SPECIFICALLY PROVIDED FOR IN THE ENABLING LEGISLATION. EXAMINATION OF THE LEGISLATIVE HISTORY OF THE SUPPLEMENTAL APPROPRIATION ACT, 1956, DISCLOSES THAT IT IS THE ABSENCE OF A SPECIFIC PROVISION IN THE BASIC LEGISLATION WHICH CAUSED THE DOUBT IN THE MINDS OF THE HOUSE COMMITTEE ON APPROPRIATIONS AS TO WHETHER AN APPROPRIATION FOR SUCH PURPOSE WAS AUTHORIZED. SEE PAGES 616 AND 619 OF THE HEARINGS BEFORE THE SUBCOMMITTEE ON DEPARTMENTS OF LABOR AND HEALTH, EDUCATION, AND WELFARE.

THE RELATED APPROPRIATION CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1956, WHEN IN THE FORM OF THE ESTIMATE SUBMITTED BY THE PRESIDENT ( HOUSE DOCUMENT NO. 179, 84TH CONGRESS), WAS IN THE AMOUNT OF $238,000 TO PERMIT ADEQUATE STAFF PREPARATION FOR THE WHITE HOUSE CONFERENCE AND "TO PROVIDE TRAVEL FUNDS FOR INVITED DELEGATES SO AS TO INSURE THE DESIRED WIDE REPRESENTATION AT THIS CONFERENCE.' H.R. 7278 (ENACTED AS THE SUPPLEMENTAL APPROPRIATION ACT, 1956), AS REPORTED BY THE HOUSE COMMITTEE ON APPROPRIATIONS AND AS PASSED BY THE HOUSE OF REPRESENTATIVES, RECOMMENDED AN APPROPRIATION OF $50,000. IN HOUSE REPORT NO. 1116, 84TH CONGRESS, PAGE 48, IT IS STATED WITH RESPECT THERETO AS FOLLOWS:

SALARIES AND EXPENSES, WHITE HOUSE CONFERENCE ON EDUCATION.--- THE COMMITTEE HAS ALLOWED $50,000 OF THE REQUEST FOR $238,000. THE REQUEST INCLUDED $170,000 TO PROVIDE TRAVEL FUNDS FOR 1,700 OF THE 2,000DELEGATES EXPECTED TO ATTEND THE WHITE HOUSE CONFERENCE ON EDUCATION. THE ADDITIONAL $68,000 WAS FOR FEDERAL STAFF COSTS IN CONNECTION WITH THE CONFERENCE. THE COMMITTEE WAS INFORMED THAT THE LEGISLATION WHICH AUTHORIZED THE WHITE HOUSE CONFERENCE ON EDUCATION DOES NOT AUTHORIZE THE USE OF FEDERAL FUNDS FOR THE TRAVEL EXPENSES OF DELEGATES TO THE CONFERENCE. THEREFORE, NO FUNDS FOR TRAVEL EXPENSES OF THE DELEGATES ARE INCLUDED IN THE BILL.

THE SENATE INCREASED THE APPROPRIATION TO $238,000 AND THE HOUSE OF REPRESENTATIVES, IN CONSIDERING HOUSE CONFERENCE REPORT NO. 1586 (AMENDMENT NO. 100), RECOMMENDED AN APPROPRIATION OF $220,000 WHICH WAS CONCURRED IN BY THE SENATE. AS HEREINBEFORE INDICATED, THE AVAILABILITY OF $170,000 THEREOF WAS CONDITIONED, IN THE CONFERENCE REPORT BY THE MANAGERS ON THE PART OF THE HOUSE, UPON A DETERMINATION BY THIS OFFICE OF THE QUESTION PRESENTED IN YOUR LETTER. IN SENATE REPORT NO. 1094, PAGE 34, RELATING TO THIS APPROPRIATION, IT IS STATED- -

THE HOUSE DISALLOWED FUNDS REQUESTED--- $170,000--- FOR THE PAYMENT OF TRAVEL EXPENSES OF DELEGATES FROM THE STATES TO THE FORTHCOMING WHITE HOUSE CONFERENCE ON EDUCATION FOR THE REASON, AS STATED IN THE REPORT FROM ITS COMMITTEE, THAT THERE WAS DOUBT AS TO THE FUNDS APPROPRIATED UNDER PUBLIC LAW 530, 83D CONGRESS, BEING AVAILABLE FOR SUCH PURPOSE.

THE OPINION OF THE OFFICE OF THE LEGISLATIVE COUNSEL WAS SOUGHT AND THE COMMITTEE RECEIVED FROM IT AN OPINION THAT THE AUTHORIZING STATUTE WAS BROAD ENOUGH TO COVER SUCH AN EXPENDITURE OF FUNDS. ACCORDINGLY, AND WITH REQUESTS FROM EDUCATORS THROUGHOUT THE NATION,THE COMMITTEE RECOMMENDS APPROVAL OF THE FULL SUPPLEMENTAL ESTIMATE, $238,000.

THE LEGISLATIVE HISTORY OF THE ENABLING LEGISLATION HAS BEEN CAREFULLY CONSIDERED AND WHILE IT SEEMS CLEAR THAT THE CONGRESS HAD KNOWLEDGE OF THE PROBABLE USE--- AT LEAST THE USE OF GRANT FUNDS--- TO PAY THE TRAVEL EXPENSES OF DELEGATES IN ATTENDANCE AT THE CONFERENCE IN WASHINGTON, NOTHING IS FOUND THEREIN WHICH WOULD FURNISH A CONCLUSIVE BASIS OF A CONGRESSIONAL INTENT TO PROHIBIT EXPENDITURES FOR SUCH PURPOSES FROM FUNDS AUTHORIZED TO BE APPROPRIATED FOR ADMINISTRATION. HENCE, THE QUESTION AS TO THE LEGAL PROPRIETY OF THE USE OF THE LATTER FUNDS FOR THE TRAVEL EXPENSES OF DELEGATES TO THE WHITE HOUSE CONFERENCE MUST BE RESOLVED IN THE LIGHT OF THE GENERAL LANGUAGE EMPLOYED IN THE ENABLING ACT AND ON THE BASIS OF THE OBJECTIVES SOUGHT TO BE ACHIEVED AS A WHOLE.

THE EXPRESS PROVISION IN THE ENABLING ACT THAT THE WHITE HOUSE CONFERENCE ON EDUCATION BE ,BROADLY REPRESENTATIVE OF EDUCATORS AND OTHER INTERESTED CITIZENS FROM ALL PARTS OF THE NATION," WHEN CONSIDERED IN CONJUNCTION WITH THE PROVISION AUTHORIZING THE APPROPRIATION OF SUCH SUMS AS THE CONGRESS DETERMINES TO BE NECESSARY FOR THE "ADMINISTRATION" OF THAT ACT, IS CONSIDERED TO BE SUFFICIENTLY BROAD TO AUTHORIZE THE APPROPRIATION OF FUNDS FOR NECESSARY TRAVEL EXPENSES. SEE 21 COMP. GEN. 409; ID. 610; 27 ID. 183; 29 ID. 419; 32 ID. 360. ACCORDINGLY, YOU ARE ADVISED THAT IF IT BE ADMINISTRATIVELY DETERMINED THAT PAYMENT OF TRANSPORTATION COSTS FOR DELEGATES INVITED TO THE WHITE HOUSE CONFERENCE ON EDUCATION IS ESSENTIAL TO INSURE THE WIDE REPRESENTATION CONTEMPLATED AT THAT CONFERENCE, THE FUNDS PROVIDED BY THE CITED SUPPLEMENTAL APPROPRIATION ACT, 1956, MAY BE REGARDED AS PROPERLY AVAILABLE FOR SUCH PURPOSES.