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B-204449 1 (1981-11-18)

handle is hein.gao/gaobadjwl0001 and id is 1 raw text is: FILE: D-204449 THIN COMPTROLIVII!1 4INIRAL OF THU UNITC *TATEU WAB HIN - OC * , 0,1 904 8 DATEI NOV ' 8 iBi ~itz MArrIEROFI r:fgency for International Developent-Appropriation for Human Reproduction Research Program DIGESIT; 1, Agency for International Development was authorized to award 3 million grant to World Health Organi- zation' s Special Program for Research, Developient and Research Training in ltuman Reproduction during fiscal year 1981, Language in fiscal year 1981 continuing resolution that foreign astist,.nce activities should be fumded in accordance'with associated agreements in joint explanatory state- ment of conference committee for appropriation bill did not Incorporate entire explanatory statement into resolution. Associated agreements, which were incorporated into resolution, did not deal with Special Program. Therefore, earmarking of funds for Program contained in authorizing legis- lation was not impliedly repealed by continuing resolution, 2. Agency for International Developmnt was authorized to award $3 million grant to Wrorld Health organi- zation's Special Program for Research, Developnent and Research Training in Human Reproduction during fiscal year 1981. Comnittee intent that Program not be funded, contained in joint explanatory state- ment of conference conmittee but not expressed or incorporated by reference in legislation itself, is not binding on AID. Vne Agency for International Development (AID) has requested our opinion on whether it had the authority to award a $3 million aid grant to the World Health Organization's Special Program for Research, DevelopMent and Research Training in Human Reproduction (Program) in fiscal year 1981. Although AID did make the award before the end of fiscal year 1981, the grant agreement is so worded that the grant may be withdrawn should we determine that it was unauthorized. However, in our opinion, AID did have authority to award the questioned grant. Accompanying the AID subnission were an internal legal memorandum concludinq that AID did have the authority to make the grant in fiscal year 1981, and letters from the Chairman and the Majovity Counsel of the Foreign Operations Subcommittee of the Senate Appropriations Committee arcjuing that the fiscal year 1981 continuing resolution pre- cluded AID from making the grant. We have also received a comnunica- tion from the Population Action Council asking us to decide that the questioned grant is unauthorized.

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