B-156611, MAY 10, 1965

B-156611, MAY 10, 1965

TO THE HONORABLE DAVID E. BELL, ADMINISTRATOR, AGENCY FOR INTERNATIONAL DEVELOPMENT, DEPARTMENT OF STATE:

YOUR LETTER OF APRIL 21, 1965, REQUESTS OUR DECISION CONCERNING THE LEGAL PROPRIETY OF YOUR AGENCY PAYING THE COSTS OF TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE OF MEMBERS OF CONGRESS WHO VOLUNTARILY SERVE YOUR AGENCY ON A WOC BASIS UNDER THE CIRCUMSTANCES RELATED IN YOUR LETTER AS FOLLOWS:

"THE AGENCY FOR INTERNATIONAL DEVELOPMENT (A.I.D.), UNDER THE ALLIANCE FOR PROGRESS IN LATIN AMERICA, HAS ORGANIZED A PROGRAM TO COORDINATE THE DIRECT ASSISTANCE ACTIVITIES OF STATE AND LOCAL COMMUNITIES WHO WISH TO PROMOTE DEVELOPMENT IN LATIN AMERICA. THIS PROGRAM IS KNOWN AS THE ,PARTNERS OF THE ALLIANCE" AND IS IMPLEMENTED THROUGH THE FORMATION OF SEPARATE STATE COMMITTEES IN MANY OF THE SEVERAL STATES. EACH OF THE STATE COMMITTEES HAS BEEN FORMED BY SOME OF THE LEADING CITIZENS OF THAT STATE AND IN ALMOST ALL CASES A UNITED STATES SENATOR OR CONGRESSMAN HAS BEEN ONE OF THE PRINCIPAL ORGANIZERS AND PARTICIPANTS. EACH STATE COMMITTEE IS ORGANIZED TO ASSIST A PARTICULAR AREA OF LATIN AMERICA. FOLLOWING ITS ORGANIZATION, IT SENDS A PROGRAM DEVELOPMENT TEAM TO THAT AREA IN LATIN AMERICA TO MEET WITH THE PEOPLE AND DETERMINE THE TYPE OF ASSISTANCE THAT THE STATE COMMITTEE CAN PROVIDE. A.I.D. HAS BEEN FUNDING THE TRANSPORTATION AND PER DIEM EXPENSE OF THE PROGRAM DEVELOPMENT TEAM UNDER THE AUTHORITY OF 5 U.S.C. 73B-2 WHICH PERMITS PAYMENT OF TRAVEL EXPENSES FOR PERSONS "SERVING WITHOUT COMPENSATION.' THE ASSISTANCE PROVIDED BY THE STATE COMMITTEES PROMOTES THE ECONOMIC DEVELOPMENT OF LATIN AMERICA AND IS OF SUBSTANTIAL SERVICE TO A.I.D. IN CARRYING OUT ITS PROGRAMS THERE. THE SERVICES OF THE PROGRAM DEVELOPMENT TEAM ARE AN INTEGRAL PART IN PROVIDING THIS ASSISTANCE.

"A MEMBER OF CONGRESS WHO HAS PARTICIPATED ACTIVELY IN THE ORGANIZATION OF A STATE COMMITTEE HAS BEEN SELECTED BY IT TO SERVE AS A MEMBER OF ITS PROGRAM DEVELOPMENT TEAM. A.I.D. HAS BEEN REQUESTED TO FUND THE TRAVEL EXPENSES OF THE ENTIRE TEAM, INCLUDING THE MEMBER OF CONGRESS.'

SECTION 5 OF THE ACT OF AUGUST 2, 1946, AS AMENDED, 5 U.S.C. 73B-2, IS IN PART AS FOLLOWS:

" * * * AND PERSONS SERVING WITHOUT COMPENSATION OR AT $1 PER ANNUM MAY BE ALLOWED, WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, TRANSPORTATION IN ACCORDANCE WITH SAID REGULATIONS AND SECTION 73A OF THIS TITLE, AND NOT TO EXCEED $16 PER DIEM WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES AND BEYOND SUCH LIMITS, NOT TO EXCEED THE RATES OF PER DIEM ESTABLISHED PURSUANT TO SECTION 836 OF THIS TITLE IN LIEU OF SUBSISTENCE EN ROUTE AND AT PLACE OF SUCH SERVICE OR EMPLOYMENT UNLESS A HIGHER RATE IS SPECIFICALLY PROVIDED IN AN APPROPRIATION OR OTHER ACT * * * "

IT IS OUR OPINION THAT THE TERM "PERSONS SERVING WITHOUT COMPENSATION" USED IN THE QUOTED STATUTORY PROVISION REFERS TO ANY PERSON WHO SERVES A PARTICULAR AGENCY ON A NONCOMPENSATED BASIS. THE AGENCY SO UTILIZING HIS SERVICES MAY PAY THE TRANSPORTATION AND PER DIEM BENEFITS AUTHORIZED BY THE QUOTED STATUTE. IT IS IMMATERIAL THAT SUCH PERSON MAY BE ENTITLED TO COMPENSATION FROM SOME OTHER GOVERNMENT SOURCE OR IN ANOTHER CAPACITY. COMPARE 34 COMP. GEN. 135.

ACCORDINGLY, WE ARE AWARE OF NO LEGAL IMPEDIMENT TO YOUR AGENCY PAYING THE TRANSPORTATION AND PER DIEM AUTHORIZED UNDER 5 U.S.C. 73B-2 TO A MEMBER OF CONGRESS SERVING YOUR AGENCY ON A WOC BASIS.