B-185591, FEB 7, 1985

B-185591, FEB 7, 1985

BOOKS AND PERIODICALS - APPROPRIATION AVAILABILITY - EXPENSES INCIDENT TO SPECIFIC PURPOSES - NECESSARY EXPENSES DIGEST: FEDERAL AGENCIES AND DEPARTMENTS MAY PURCHASE SUBSCRIPTIONS TO PERIODICALS UPON A DETERMINATION BY AN APPROPRIATE OFFICIAL THAT THE PURCHASE IS NECESSARY EXPENSE OF THE AGENCY, WHICH IS THE SAME CRITERION GOVERNING OTHER USES OF THE APPROPRIATED FUNDS GENERALLY. BOOKS AND PERIODICALS - SUSCRIPTIONS - NECESSARY V. INDISPENSABLENESS APPROPRIATIONS - AVAILABILITY - MAGAZINES, NEWSPAPERS, ETC. APPROPRIATIONS - AVAILABILITY - EXPENSES INCIDENT TO SPECIFIC PURPOSES - NECESSASRY EXPENSES

THE HONORABLE SLADE GORTON: UNITED STATES SENATE

DEAR SENATOR GORTON:

THIS IS IN RESPONSIVE TO YOUR LETTER OF NOVEMBER 16, 1984, REQUESTING THIS OFFICE TO REVIEW AND COMMENT ON A COMPLAINT FROM MR. DOYLE E. ROBERTS, ONE OF YOUR CONSTITUENTS. MR. ROBERTS HAS COMPLAINED THAT FEDERAL AGENCIES AND DEPARTMENTS ARE SUBSCRIBING TO A PERIODICAL ENTITLED, FEDERAL EMPLOYEE'S NEWS DIGEST, WHICH HE BELIEVES HAS AN ANTI ADMINISTRATION, PRO-UNION, BIAS. HE DOES NOT THINK THAT SUCH A PUBLICATION SHOULD BE PURCHASED WITH FEDERAL FUNDS. MR. ROBERTS POINTS OUT THAT THE PERIODICAL CONTAINS A MARGINAL NOTE AT THE END OF THE LAST PAGE THAT STATES:

"THE COMPTROLLER GENERAL HAS RULED THAT FEDERAL DEPARTMENTS AND AGENCIES MAY PURCHASE SUBSCRIPTIONS TO THE FEDERAL EMPLOYEES' NEWS DIGEST WITH GOVERNMENT FUNDS. THE DECISION IS NO. 185591 ISSUED MAY 5, 1976."

THE ABOVE DECISION HAS BEEN PUBLISHED AT 55 COMP.GEN. 1076 (1976).MR. ROBERTS MAY HAVE INTERPRETED THIS NOTICE AS AN ENDORSEMENT OF THE DIGEST BY THE COMPTROLLER GENERAL.

THE COMPTROLLER GENERAL RULING CITED BY THE PERIODICAL IS NEITHER AN ENDORSEMENT OF THE DIGEST NOR AN EXHORTATION FOR AGENCIES AND DEPARTMENTS TO SUBSCRIBE TO IT. RATHER, 55 COMP.GEN. 1076 RESPONDED TO A REQUEST FROM AN INTERIOR DEPARTMENT CERTIFYING OFFICER ON THE PROPRIETY OF THAT DEPARTMENT SUBSCRIBING TO THE DIGEST. THE CERTIFYING OFFICER QUESTIONED WHETHER THE CRITERION FOR BUYING PERIODICALS SET FORTH IN 21 COMP.GEN. 339 (1941) WAS STILL APPLICABLE. THE CRITERION ENUNCIATED IN THAT DECISION WAS BASED ON SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, WHICH WE INTERPRETED TO PROVIDE THAT PERIODICALS COULD BE PURCHASED WITH FEDERAL FUNDS ONLY WHERE IT WAS ADMINISTRATIVELY DETERMINED THAT THEIR ACQUISITION WAS "INDISPENSABLE-- AS DISTINGUISHED FROM MERELY DESIRABLE OR HELPFUL-- TO THE ACCOMPLISHMENT OF THE PURPOSES" FOR WHICH A SPECIFIC APPROPRIATION WAS MADE. IN OUR DECISION 55 COMP.GEN. 1076, WE INDICATED THAT THE CRITERION SET FORTH ABOVE WAS NO LONGER APPLICABLE BECAUSE THE 1898 LAW ON WHICH IS WAS BASED WAS REPEALED IN 1946. WE THEN ADVISED THE CERTIFYING OFFICER THAT THE RULE REGARDING PERIODICAL SUBSCRIPTIONS WAS THAT THE PURCHASE MUST ONLY BE JUSTIFIED AS A "NECESSARY EXPENSE" OF THE AGENCY, A LESS STRINGENT CRITERION, WHICH GOVERNS PROPOSED USES OF APPROPRIATED FUNDS GENERALLY.

THAT SAME CRITERION CONTINUES IN EFFECT TO THE PRESENT TIME AND AGENCIES AND DEPARTMENTS MAY SUBSCRIBE TO ANY PERIODICAL, INCLUDING THE DIGEST, UPON AN ADMINISTRATIVE DETERMINATION BY AN APPROPRIATE AGENCY OFFICIAL THAT THE SUBSCRIPTION WILL CONTRIBUTE TO CARRYING OUT THE FUNCTION OF THE AGENCY OR DEPARTMENT.

UNDER OUR USUAL POLICY, 30 DAYS FROM THE DATE OF THIS LETTER COPIES WILL BE MADE AVAILABLE TO THOSE REQUESTING THEM.