B-151668, JUN. 30, 1970

B-151668, JUN. 30, 1970

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER OF JUNE 1, 1970, FROM THE ASSISTANT SECRETARY FOR ADMINISTRATION, CONCERNING A SUGGESTION BY AN EMPLOYEE OF YOUR DEPARTMENT THAT CERTAIN AGRICULTURAL PRODUCTS DEVELOPED IN YOUR RESEARCH PROGRAMS BE MADE AVAILABLE FOR USE AS GIFTS TO FOREIGN VISITORS AND OTHER OFFICIAL DIGNITARIES ON APPROPRIATE OCCASIONS.

IT IS STATED IN THE LETTER THAT:

"THE SELECTIVE DISTRIBUTION OF AGRICULTURAL PRODUCTS IN THIS MANNER WOULD, WE FEEL, ENHANCE OUR PUBLIC--IMAGE, GENERALLY IMPROVE FOREIGN AND DOMESTIC RELATIONS, AND OTHERWISE PROMOTE THE WORK OF THIS DEPARTMENT. ANY GIFTS SO DISTRIBUTED WOULD, THEREFORE, PRIMARILY BENEFIT THE GOVERNMENT RATHER THAN THE RECIPIENT PERSONALLY. FOR EXAMPLE, A RARE HYBRID FLOWER EMBEDDED IN CLEAR PLASTIC AND PUBLICIZING THE NATIONAL ARBORETUM WOULD MAKE AN ATTRACTIVE YET INEXPENSIVE PAPERWEIGHT. LEATHER PRODUCTS (GLOVES, BOOTS, ETC.) TANNED BY A NEW PROCESS DEVELOPED IN ONE OF OUR RESEARCH LABORATORIES WOULD BE INTERESTING AND USEFUL GIFTS. A GIFT BOX OF NEWLY DEVELOPED CONVENIENCE FOODS, LABELED TO TELL THE USDA RESEARCH STORY, WOULD BE ANOTHER WAY TO PUBLICIZE THE ACCOMPLISHMENTS OF OUR AGRICULTURAL RESEARCH SERVICE AND ITS CONTRIBUTIONS TO BETTER LIVING."

THE ASSISTANT SECRETARY IS AWARE OF THE GENERAL RESTRICTIONS ON THE DISPOSITION OF GOVERNMENT PROPERTY AS SET FORTH IN THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED; AND IS ALSO AWARE THAT THE EXPENDITURE OF APPROPRIATED FUNDS MUST FURTHER THE OBJECTIVES OF AN AGENCY. HE EXPRESSES THE VIEW, HOWEVER, THAT SELECTED DISTRIBUTION OF GIFTS FOR THE PURPOSES OUTLINED WOULD, IN FACT, FURTHER SUCH OBJECTIVES, AND THUS BE IN THE INTEREST OF THE GOVERNMENT.

IN VIEW OF THE LACK OF A CLEAR-CUT RULING ON THE PROPRIETY AND LEGALITY OF THE INSTANT PROPOSAL, HE REQUESTS OUR DECISION IN THE MATTER.

THE SUBAPPROPRIATION "AGRICULTURAL RESEARCH SERVICE" UNDER THE APPROPRIATION "TITLE I - GENERAL ACTIVITIES" CONTAINED IN THE DEPARTMENT OF AGRICULTURE AND RELATED AGENCIES APPROPRIATION ACT, 1970, APPROVED NOVEMBER 26, 1969, PUB. L. 91-127, 83 STAT. 244, APPARENTLY TO BE CHARGED WITH PAYMENT FOR THE GIFTS PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"FOR EXPENSES NECESSARY TO PERFORM AGRICULTURAL RESEARCH RELATING TO PRODUCTION, UTILIZATION, MARKETING, NUTRITION AND CONSUMER USE, TO CONTROL AND ERADICATE PESTS AND PLANT AND ANIMAL DISEASES, AND TO PERFORM RELATED INSPECTION, QUARANTINE AND REGULATORY WORK: ***

"RESEARCH: FOR RESEARCH AND DEMONSTRATIONS ON THE PRODUCTION AND UTILIZATION OF AGRICULTURAL PRODUCTS; AGRICULTURAL MARKETING AND DISTRIBUTION *** HOME ECONOMICS OR NUTRITION AND CONSUMER USE OF AGRICULTURAL AND ASSOCIATED PRODUCTS; AND RELATED RESEARCH AND SERVICES

THE DECISIONS OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT GENERALLY HAVE BEEN TO THE EFFECT THAT THE PURCHASE OF CERTAIN PROMOTIONAL MATERIAL SUCH AS MEDALS, TROPHIES, INSIGNIA, ETC; TO PRESENT AS AWARDS IS NOT AUTHORIZED UNDER APPROPRIATIONS MADE IN GENERAL TERMS UNLESS SUCH PURCHASE HAS BEEN SPECIFICALLY AUTHORIZED BY LAW. SEE 5 COMP. GEN. 344 (1925); 10 ID. 453 (1931); 15 ID. 278 (1935); CF. 17 ID. 674 (1938); AND 45 ID. 199 (1965). WE HAVE ALSO HELD THAT APPROPRIATED FUNDS MAY NOT BE USED TO PURCHASE AND DISTRIBUTE CUFF LINKS AND BRACELETS AS PROMOTIONAL ITEMS UNDER THE INTERNATIONAL TRAVEL ACT OF 1961, SINCE SUCH ITEMS WERE MORE PROPERLY IN THE CATEGORY OF PERSONAL GIFTS RATHER THAN PROMOTIONAL MATERIAL AND, HENCE, DID NOT CONSTITUTE A NECESSARY AND PROPER USE OF FUNDS APPROPRIATED TO CARRY OUT SUCH ACT. SEE B-151668, DECEMBER 5, 1963.

IT DOES NOT APPEAR TO US THAT COSTS INCIDENT TO MAKING AVAILABLE AND DISTRIBUTING BOOTS, GLOVES, PAPERWEIGHTS OR GIFT BOXES OF CONVENIENCE FOODS TO FOREIGN VISITORS AND OTHER OFFICIAL DIGNITARIES IS A "NECESSARY EXPENSE" UNDER THE APPROPRIATION PROVIDED TO THE AGRICULTURAL RESEARCH SERVICE FOR CARRYING OUT ITS RESEARCH PROGRAMS. MOREOVER, EVEN IF THE APPROPRIATION IN QUESTION BE CONSIDERED AVAILABLE FOR THE PURCHASE AND DISTRIBUTION OF PROMOTIONAL MATERIAL, THE ITEMS INVOLVED HERE--AS WAS THE CASE IN B-151668 SUPRA--SEEM MORE PROPERLY IN THE CATEGORY OF PERSONAL GIFTS RATHER THAN PROMOTIONAL MATERIAL.

IN LIGHT OF THE FOREGOING IT IS OUR VIEW THAT THE ABOVE-CITED APPROPRIATION MAY NOT BE USED TO MAKE AVAILABLE FOR DISTRIBUTION TO FOREIGN VISITORS AND OTHER DIGNITARIES THE ITEMS MENTIONED IN THE ASSISTANT SECRETARY'S LETTER.