B-99489, NOVEMBER 27, 1950, 30 COMP. GEN. 205

B-99489, NOVEMBER 27, 1950, 30 COMP. GEN. 205

APPROPRIATIONS - SELECTIVE SERVICE SYSTEM - AVAILABILITY FOR EXPENSES OF NATIONAL, STATE, AND LOCAL ADVISORY COMMITTEES THE SELECTIVE SERVICE ACT OF 1948, AS AMENDED, WHICH DIRECTS THE PRESIDENT TO ESTABLISH A NATIONAL ADVISORY COMMITTEE TO ADVISE THE SELECTIVE SERVICE SYSTEM AND TO COORDINATE THE WORK OF STATE AND LOCAL VOLUNTARY ADVISORY COMMITTEES, BUT WHICH DOES NOT APPROPRIATE FUNDS FOR THE NECESSARY EXPENSES OF SAID COMMITTEES, MAY BE VIEWED AS AN AUTHORIZATION TO CONSIDER EXPENSES OF THE COMMITTEES AS EXPENSES NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM AND THEREFORE FUNDS APPROPRIATED FOR THE SELECTIVE SERVICE SYSTEM BY THE SUPPLEMENTAL APPROPRIATION ACT, 1951, MAY BE REGARDED AS AVAILABLE TO DEFRAY THE EXPENSES OF THE COMMITTEES.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, SELECTIVE SERVICE SYSTEM, NOVEMBER 27, 1950:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 16, 1950 (REFERENCE 1 49-1), REQUESTING A DECISION AS TO WHETHER THE FUNDS APPROPRIATED FOR THE SELECTIVE SERVICE SYSTEM BY THE SUPPLEMENTAL APPROPRIATION ACT, 1951, APPROVED SEPTEMBER 27, 1950, PUBLIC LAW 843, 64 STAT. 1057, ARE AVAILABLE TO DEFRAY THE NECESSARY EXPENSES, INCLUDING THE COMPENSATION, OF THE MEMBERS OF THE NATIONAL ADVISORY COMMITTEE PROVIDED FOR BY EXECUTIVE ORDER NO. 10166 DATED OCTOBER 4, 1950, AND THE NECESSARY EXPENSES OF SUCH STATE AND LOCAL VOLUNTEER ADVISORY COMMITTEES AS MAY BE ESTABLISHED TO COOPERATE WITH THE NATIONAL ADVISORY COMMITTEE IN THE PERFORMANCE OF ITS FUNCTIONS.

SUBSECTION (J) OF SECTION 4 OF THE SELECTIVE SERVICE ACT OF 1948, TITLE I, ACT OF JUNE 24, 1948, 62 STAT. 605, AS ADDED BY THE ACT OF SEPTEMBER 9, 1950, PUBLIC LAW 779, 64 STAT. 827, DIRECTS THE PRESIDENT TO ESTABLISH A NATIONAL ADVISORY COMMITTEE WHICH SHALL ADVISE THE SELECTIVE SERVICE SYSTEM AND SHALL COORDINATE THE WORK OF SUCH STATE AND LOCAL VOLUNTEER ADVISORY COMMITTEES AS MAY BE ESTABLISHED TO COOPERATE WITH THE NATIONAL ADVISORY COMMITTEE WITH RESPECT TO THE SELECTION OF NEEDED MEDICAL, DENTAL, AND ALLIED SPECIALISTS FOR INDUCTION IN THE ARMED FORCES. THE NATIONAL ADVISORY COMMITTEE ON THE SELECTION OF DOCTORS, DENTISTS, AND ALLIED SPECIALISTS WAS ESTABLISHED BY EXECUTIVE ORDER NO. 10166 DATED OCTOBER 4, 1950. SECTION 4 OF THE EXECUTIVE ORDER PROVIDES THAT THE SELECTIVE SERVICE SYSTEM SHALL DEFRAY NECESSARY EXPENSES OF THE COMMITTEE, INCLUDING THE COMPENSATION OF THE MEMBERS THEREOF, WITHIN THE LIMITS OF APPLICABLE LAW.

THE SUPPLEMENTAL APPROPRIATION ACT, 1951, PUBLIC LAW 843, ABOVE, MAKING APPROPRIATIONS FOR THE SELECTIVE SERVICE SYSTEM PROVIDES, AMONG OTHER THINGS,"FOR EXPENSES NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM, AS AUTHORIZED BY TITLE I OF THE SELECTIVE SERVICE ACT OF 1948 (62 STAT. 614), AS AMENDED, INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.'

PUBLIC LAW 779, DIRECTING THE ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE, DOES NOT AUTHORIZE AN APPROPRIATION TO BE MADE OR TO BE INCLUDED IN SOME OTHER APPROPRIATION TO BE MADE OR TO BE INCLUDED IN SOME OTHER APPROPRIATION ACT FOR CARRYING OUT THE WORK OF THE COMMITTEE. HOWEVER, AS THE CREATION OF THE NATIONAL, STATE, AND LOCAL COMMITTEES IS EXPRESSLY AUTHORIZED BY STATUTE, AND SINCE THE PRIMARY FUNCTION OF THE NATIONAL COMMITTEE IS TO ADVISE THE SELECTIVE SERVICE SYSTEM AND TO COORDINATE THE STATE AND LOCAL COMMITTEES WITH RESPECT TO AN AUTHORIZED FUNCTION OF THE SELECTIVE SERVICE SYSTEM, THE SAID PUBLIC LAW 779, AMENDING TITLE I OF THE SELECTIVE SERVICE ACT OF 1948 TO AUTHORIZE THE ESTABLISHMENT OF THE COMMITTEES, MAY BE VIEWED AS AN AUTHORIZATION TO CONSIDER THE EXPENSE OF THE COMMITTEES AS AN EXPENSE NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM WITHOUT NEED FOR A SEPARATE OR DISTINCT APPROPRIATION TO CARRY OUT THE PROVISIONS OF THE SAID PUBLIC LAW 779. CF. 10 COMP. GEN. 453; 15 ID. 167.

ACCORDINGLY, THE APPROPRIATION CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1951, FOR EXPENSES NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM IS AVAILABLE FOR USE BY THE SELECTIVE SERVICE SYSTEM TO DEFRAY THE EXPENSES OF THE COMMITTEES. THE SPECIFIC QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.