State Justice Institute--Newsletter Advertising Charges
B-307317, Sep 13, 2006
Congress established the the State Justice Institute (Institute) as a private, nonprofit corporation. 42 U.S.C. sect. 10702(a). Although the Institute has many aspects of a federal agency, its authorizing statute states that "[e]xcept as otherwise specifically provided...the Institute shall not be considered a department, agency, or instrumentality of the Federal Government." 42 U.S.C. sect. 10704(c)(1). Nothing in the Institute's authorizing legislation explicitly or implicitly requires application of the miscellaneous receipts statute, which states that all money received "for the government" must be deposited in the Treasury. 31 U.S.C. sect. 3302(b). Thus, the Institute is not subject to the miscellaneous receipts statute. Certain legal and policy considerations may inform the Institute's choices regarding advertising it carries in its newsletter.
The Institute may retain a fee for the use of advertising space in its semiannual newsletter.