B-150511, DEC. 28, 1962

B-150511, DEC. 28, 1962

TO MR. W. B. UHLENHOP, AUTHORIZED CERTIFYING OFFICER, UNITED STATES CIVIL SERVICE COMMISSION:

BY LETTER OF DECEMBER 20, 1962, YOU TRANSMITTED A STANDARD FORM 1081, VOUCHER AND SCHEDULE OF WITHDRAWALS AND CREDITS, CALLING FOR TRANSFER OF $1,500 FROM CIVIL SERVICE COMMISSION FUNDS TO THE DEPARTMENT OF JUSTICE CONSOLIDATED WORKING FUND 15-01-0003 TO HELP DEFRAY EXPENSES OF A COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS. OUR ADVICE IS REQUESTED AS TO WHETHER THE VOUCHER CONSTITUTES A PROPER CHARGE AGAINST COMMISSION FUNDS UNDER THE FOLLOWING FACTS AND CIRCUMSTANCES.

IN NOVEMBER 1962, THE PRESIDENT ANNOUNCED THE APPOINTMENT OF A COMMITTEE TO STUDY THE FEASIBILITY OF A NATIONAL SERVICE PROGRAM PATTERNED AFTER THE PEACE CORPS. THE DESIGNATED MEMBERS OF THE COMMITTEE ARE: THE ATTORNEY GENERAL, CHAIRMAN; THE SECRETARY OF LABOR; THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE; THE SECRETARY OF THE INTERIOR; THE DIRECTOR OF THE PEACE CORPS; THE DIRECTOR OF THE BUREAU OF THE BUDGET; AND THE ADMINISTRATOR OF THE HOUSING AND HOME FINANCE AGENCY. THE ESSENTIAL TASK ASSIGNED THE COMMITTEE WAS TO PROBE THE FEASIBILITY OF ESTABLISHING A PROGRAM DESIGNED TO ALLEVIATE THE PLIGHT OF "32,000,000 PERSONS IN THE UNITED STATES LIVING AT A LOWER LEVEL THAN AMERICA IS CAPABLE OF PROVIDING FOR ITS CITIZENS.'

THE ATTORNEY GENERAL BY LETTER OF DECEMBER 5, 1962, APPRISED THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION OF THE WORK BEING DONE BY THE COMMITTEE AND REQUESTED THAT THE COMMISSION ASSIGN A STAFF MEMBER TO MAKE A DETAILED STUDY OF A PRELIMINARY STATEMENT WHICH HAD BEEN PREPARED AND TO ACT AS LIAISON WITH THE COMMITTEE. BY LETTER OF DECEMBER 10, 1962, THE ATTORNEY GENERAL SUBMITTED TO THE COMMISSION CHAIRMAN THE PARTIALLY EXECUTED TRANSFER VOUCHER, S.F. 1081, WHICH YOU ARE QUESTIONING, STATING THAT A PRO RATA COMMISSION CONTRIBUTION OF $1,500 PURSUANT TO SECTION 691 OF TITLE 31, U.S.C. WOULD PERMIT THE COMMITTEE TO COMPLETE ITS STUDY AND FILE A REPORT WITH THE PRESIDENT BY JANUARY 1, 1963. IT IS IN VIEW OF THE FACT THAT THE PRESIDENT HAS NOT NAMED THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION AS A MEMBER OF THE COMMITTEE THAT YOU HAVE REQUESTED OUR ADVICE AS TO THE PROPRIETY OF PAYING THIS VOUCHER.

SECTION 691 OF TITLE 31, U.S.C. PROVIDES THAT:

"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 COMMITTEES, BOARDS, OR OTHER GROUPS, OTHER THAN AS REPRESENTATIVES, SHALL RECEIVE NO ADDITIONAL COMPENSATION BY VIRTUE OF SUCH SERVICE. MAY 3, 1945, C. 106, TITLE II, SEC. 214, 59 STAT. 134.'

WE DO NOT READ THE LANGUAGE OF SECTION 691 AS MAKING AGENCY MEMBERSHIP ON AN INTERAGENCY BOARD OR COMMITTEE A REQUISITE TO THE AVAILABILITY OF APPROPRIATIONS FOR MEETING THE EXPENSES OF SUCH INTERAGENCY GROUPS. NOR HAVE WE FOUND ANYTHING IN THE LEGISLATIVE HISTORY OF THE STATUTE WHICH WOULD DICTATE THAT SUCH MEMBERSHIP IS REQUIRED. THUS IN A PROPER CASE WE WOULD NOT BE REQUIRED TO OBJECT TO CONTRIBUTION BY A NONMEMBER AGENCY TOWARD THE EXPENSES OF AN INTERAGENCY GROUP, ON THE SOLE GROUND OF MEMBERSHIP.

HOWEVER, IT MUST BE KEPT IN MIND THAT THE AUTHORITY GRANTED BY SECTION 691 COVERS THE USE OF APPROPRIATIONS ONLY TOWARD MEETING THE EXPENSES OF INTERAGENCY GROUPS "ENGAGED IN AUTHORIZED ACTIVITIES OF COMMON INTEREST" TO THE CONTRIBUTING AGENCIES. IN OTHER WORDS, AN AGENCY'S FUNDS ARE AVAILABLE FOR CONTRIBUTION UNDER THE PROVISIONS OF SECTION 691 ONLY IF THE WORK BEING DONE IS WITHIN THE PURPOSES FOR WHICH APPROPRIATIONS TO THAT AGENCY ARE OTHERWISE AVAILABLE. YOUR LETTER OF DECEMBER 20 DOES NOT INDICATE THE BASIS UPON WHICH IT MIGHT BE DETERMINED THAT FUNDS APPROPRIATED TO THE CIVIL SERVICE COMMISSION ARE AVAILABLE FOR CARRYING ON BY THE COMMISSION OF A STUDY TO ASCERTAIN THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS. WHILE IT MAY BE THAT THE COMMITTEE WILL DESIRE COMMISSION ADVISE AND RECOMMENDATIONS REGARDING VARIOUS PERSONNEL MATTERS WHICH THE COMMITTEE WILL CONSIDER, YOUR LETTER DOES NOT POINT OUT ANY INTEREST WITHIN THE FRAMEWORK OF THE COMMISSION'S FUNCTIONS WHICH COULD BE CONSIDERED SUFFICIENT TO WARRANT THE EXPENDITURE OF COMMISSION FUNDS FOR THE PURPOSE OF EXAMINING THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS. WHETHER OR NOT ESTABLISHMENT OF SUCH A CORPS IS FEASIBLE OR DESIRABLE SEEMS, AT BEST, REMOTE FROM THE SCOPE OF THE COMMISSION'S OFFICIAL INTERESTS. SEE GENERALLY 26 COMP. GEN. 354, 28 ID. 365, 35 ID. 201.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.