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B-274245 1 (1997-01-16)

handle is hein.gao/gaobadrnu0001 and id is 1 raw text is: U nited States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-274245 January 16, 1997 Mr. Paul Hill, Jr. President National Institute for Chemical Studies Charleston, WV 25304 Dear Mr. Hill: This responds to your letter of July 31, 1996, asking a number of questions concerning the status of the Chemical Safety and Hazard Investigation Board (Board). We have consolidated your various questions to two. First, does the Board exist in law notwithstanding the rescission of its fiscal year 1995 appropriation and the absence of an appropriation for either fiscal years 1996 or 1997? Second, if the Board does have a legal existence, will actions personally and directly performed by Board members to discharge the functions of their offices violate the Antideficiency Act, 31 U.S.C. §§ 1341(a), 1342 (1994)? As explained below, we conclude that the Board continues to have a legal existence. We further conclude that the members of the Board, once having accepted their office by taking the oath of office prescribed by 5 U.S.C. § 3331, may personally and directly engage in the performance of the functions of their office and such actions, to that extent, would not violate the Antideficiency Act. Thus, for example, Board members could directly prepare, agree on, and submit a budget to Congress on behalf of the Board so long as they do not incur obligations in excess of the obligations that arise by operation of law to cover the emoluments of their respective offices. BACKGROUND The Chemical Safety and Hazard Investigation Board Congress established the Board as an independent agency to investigate, report on, research, and study accidental releases of regulated or extremely hazardous (chemical) substances into the ambient air. Clean Air Act Amendments of 1990, Pub. L. No. 101-549, § 301, 104 Stat. 2399, 2565-2570 (1990), codified at 42 U.S.C. 6). The'3ard is specifically charged to investigate, determine and report

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