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B-225174 1 (1987-05-14)

handle is hein.gao/gaobabkxk0001 and id is 1 raw text is: 



0Comptroller General
           of the United States
           Washington, D.C. 20548


           B-225174
                                    DO NOT MAKE AVAILABLE TO PUBLIC READN
           May 14, 1987                       FOR 30 DAYS


           The Honorable G. V. (Sonny) Montgomery
           Chairman
           Committee on Veterans' Affairs
           House of Representatives

           Dear Mr. Chairman:

           By letters dated October 30 and November 19, 1986, the
           Committee asked a number of legal questions concerning, with
           one exception, a Veterans' Administration (VA) proposal to
           reorganize the Veterans' Canteen Service (VCS) and to have
           VCS contract out some or all canteen food services. The
           other question concerns the transfer of funds from the VCS
           revolving fund to the Treasury as a result of the 1986
           sequestration order issued pursuant to Public Law 99-177,
           99 Stat. 1037, popularly known as Gramm-Rudman-Hollings. In
           addition to the legal questions, the Committee requested our
           views on several other matters. As agreed by Committee
           staff, this letter addresses only the legal questions. We
           will contact the staff about proceeding on the other matters.

           As discussed more fully below, we think certain aspects of
           VA's proposed reorganization are inconsistent with the
           organizational independence and control provided the VCS by
           38 U.S.C. § 4208. With respect to your question concerning
           VCS' authority to contract out all or part of canteen food
           services to private organizations, we think VCS may, as a
           general proposition, contract out the provision of goods and
           services to veterans and other canteen patrons without
           running afoul of the purpose, or specific provisions, of
           Chapter 75, Title 38, United States Code. Of course, any
           contracting out of service must not represent an abdication
           of VCS' control of canteen operations.

           With respect to your question concerning the 1986
           sequestration order, we agree with the VA General Counsel
           that the transfer of money from the VCS revolving fund to
           the Treasury was proper.

           As you know, General Omar Bradley became concerned with the
           operation of canteens in VA medical facilities during his
           tenure as Administrator of VA. General Bradley had surveyed
           the concessionaire system existing in VA hospitals after
           World War II and verified the numerous complaints concerning
           the inadequate and unsatisfactory service rendered at


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