B-305095, Chemical Safety and Hazard Investigation Board--Membership Fees, December 8, 2005

B-305095 Dec 08, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The United States Chemical Safety and Hazard Investigation Board (Board) has requested our decision on whether it may pay the membership fee required for the Board to become a Corporate Associate of the Risk Management and Decision Processes Center of the Wharton School, University of Pennsylvania (Center). Letter from Christopher W. Warner, General Counsel, U.S. Chemical Safety and Hazard Investigation Board, to Anthony Gamboa, General Counsel, U.S. Government Accountability Office, April 20, 2005 (Warner Letter). The Board believes that membership in the Center could assist it in carrying out its statutory authorities. We conclude that the Board's appropriations are available to pay the Center's membership fee. View Decision B-305095, Chemical Safety and Hazard Investigation Board--Membership Fees, December 8, 2005 Decision Matter of: Chemical Safety and Hazard Investigation Board—Membership Fees File: B-305095 Date: December 8, 2005 DIGEST The United States Chemical Safety and Hazard Investigation Board (Board) appropriation is available to pay the membership fee for the Board to become a Corporate Associate member of the Risk Management and Decision Processes Center of the Wharton School, University of Pennsylvania (Center). An agency may use its appropriation to pay fees for an agency's membership in a private association when the membership furthers the purpose of the appropriation. The Board's salaries and expenses appropriation is available for carrying out activities pursuant to section 112(r)(6) of the Clean Air Act. The Board has determined that a corporate membership in the Center will provide the Board access to facilities, experts, and research that will assist the Board in carrying out its section 112(r)(6) responsibilities. Therefore, GAO does not object to the Board using its appropriation to pay the Center's Corporate Associate fee. DECISION The United States Chemical Safety and Hazard Investigation Board (Board) has requested our decision on whether it may pay the membership fee required for the Board to become a Corporate Associate of the Risk Management and DecisionProcessesCenter of the WhartonSchool, University of Pennsylvania (Center). Letter from Christopher W. Warner, General Counsel, U.S. Chemical Safety and Hazard Investigation Board, to Anthony Gamboa, General Counsel, U.S. Government Accountability Office, April 20, 2005 (Warner Letter). The Board believes that membership in the Center could assist it in carrying out its statutory authorities. As explained below, we conclude that the Board's appropriations are available to pay the Center's membership fee. BACKGROUND The Board was established as an independent agency by the Clean Air Act Amendments of 1990. Pub. L. No. 101-549, title III, sect. 301, 104 Stat. 2399, 2565 (Nov. 15, 1990) (amending section 112(r)(6) of the Clean Air Act), codified at 42 U.S.C. sect. 7412(r)(6). Generally, the Board seeks to enhance the health and safety of the public, workers, and the environment by investigating the causes of accidental chemical releases and using these findings to promote preventive actions by the private and public sectors. 42 U.S.C. sect. 7412(r)(6)(C)(i). The Center has invited the Board to become a Corporate Associate. Letter from Paul R. Kleindorfer and Howard Kunreuther, Co-Directors, Wharton Risk Management and DecisionProcessesCenter, to Carolyn W. Merritt, Chairman and CEO, U.S. Chemical Safety and Hazard Investigation Board, Apr. 15, 2005 (Wharton Letter). The Center promotes dialogue among industry, government, interest groups, and academics through its research and policy publications and through sponsored workshops, roundtables, and forums. University of Pennsylvania, Risk Management and Decision Processes Center, at http://opim.wharton.upenn.edu/risk (last visited Oct. 11, 2005). The Center's programs include conferences, industry/government roundtables, and seminars. Id. The annual fee for a Corporate Associate membership is $10,000. Wharton Letter. The Board believes that joining the Center would aid it in accomplishing its mission, and it asks if its appropriated funds are available to pay the Center's membership fee. ANALYSIS The general rule regarding membership fees is that an agency may use its appropriation to pay for an agency membership in a private association when the membership furthers the purpose of the appropriation. 53 Comp. Gen. 429, 431 (1973); B-302548, Aug. 20, 2004; B-221569, June 2, 1986. The expenditure of appropriated funds to pay membership dues of federal employees in an organization, association, or society is generally prohibited by 5 U.S.C. sect. 5946. B-302548, Aug. 20, 2004; 53 Comp. Gen. at 430; B-221569, June 2, 1986. However, the prohibition of 5 U.S.C. sect. 5946 does not apply to memberships in an agency's name. 53 Comp. Gen. at 431.