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B-122515, JULY 10, 1962, 42 COMP. GEN. 19

B-122515 Jul 10, 1962
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WHICH IS SUBJECT TO THE RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE. IS PRECLUDED BY THE RESTRICTIVE PRINTING REGULATION EVEN THOUGH THE FOREIGN AGRICULTURAL SERVICE APPROPRIATION CONTAINING AN AMOUNT FOR REPRESENTATION ALLOWANCES IS AVAILABLE FOR FIELD PRINTING. REQUESTED OUR ADVICE WHETHER THERE IS ANY LEGAL OBJECTION TO THE EXPENDITURE OF REPRESENTATION ALLOWANCE FUNDS OF THE FOREIGN AGRICULTURAL SERVICE FOR PRINTED INVITATIONS PROCURED IN CONNECTION WITH THE CONDUCT OF FUNCTIONS THE EXPENSES OF WHICH ARE OTHERWISE CHARGEABLE TO SUCH FUNDS. FUNDS TO PROVIDE DEPARTMENT OF AGRICULTURE PERSONNEL ASSIGNED TO SERVICE ABROAD WITH REPRESENTATION ALLOWANCES ARE INCLUDED IN THE ANNUAL APPROPRIATION FOR THE FOREIGN AGRICULTURAL SERVICE.

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B-122515, JULY 10, 1962, 42 COMP. GEN. 19

PRINTING AND BINDING - APPROPRIATION AVAILABILITY - INVITATIONS - FOREIGN AGRICULTURAL SERVICE THE USE OF REPRESENTATION ALLOWANCES FOR THE COST OF PRINTING INVITATIONS FOR OFFICIAL FUNCTIONS OVERSEAS CONDUCTED BY THE FOREIGN AGRICULTURAL SERVICE, WHICH IS SUBJECT TO THE RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE, INCLUDING THE REGULATION PROHIBITING THE USE OF REPRESENTATION ALLOWANCES FOR PRINTING AND ENGRAVING, IS PRECLUDED BY THE RESTRICTIVE PRINTING REGULATION EVEN THOUGH THE FOREIGN AGRICULTURAL SERVICE APPROPRIATION CONTAINING AN AMOUNT FOR REPRESENTATION ALLOWANCES IS AVAILABLE FOR FIELD PRINTING.

TO THE SECRETARY OF AGRICULTURE, JULY 10, 1962:

IN A LETTER OF MAY 14, 1962, THE HONORABLE CHARLES S. MURPHY, UNDER SECRETARY OF AGRICULTURE, REQUESTED OUR ADVICE WHETHER THERE IS ANY LEGAL OBJECTION TO THE EXPENDITURE OF REPRESENTATION ALLOWANCE FUNDS OF THE FOREIGN AGRICULTURAL SERVICE FOR PRINTED INVITATIONS PROCURED IN CONNECTION WITH THE CONDUCT OF FUNCTIONS THE EXPENSES OF WHICH ARE OTHERWISE CHARGEABLE TO SUCH FUNDS.

FUNDS TO PROVIDE DEPARTMENT OF AGRICULTURE PERSONNEL ASSIGNED TO SERVICE ABROAD WITH REPRESENTATION ALLOWANCES ARE INCLUDED IN THE ANNUAL APPROPRIATION FOR THE FOREIGN AGRICULTURAL SERVICE, DEPARTMENT OF AGRICULTURE. SEE DEPARTMENT OF AGRICULTURE AND RELATED AGENCIES APPROPRIATION ACT, 1962, 75 STAT. 225, 232; "FOR NECESSARY EXPENSES FOR THE FOREIGN AGRICULTURAL SERVICE * * * INCLUDING * * * REPRESENTATION ALLOWANCES.'

THE AUTHORITY FOR SUCH ALLOWANCES STEMS FROM SECTION 603, TITLE VI, AGRICULTURAL ACT OF 1954, 7 U.S.C. 1763: "THE SECRETARY OF AGRICULTURE MAY, UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT OR HIS DESIGNEE, PROVIDE * * * ALLOWANCES AND BENEFITS SIMILAR TO THOSE PROVIDED BY TITLE IX OF THE FOREIGN SERVICE ACT OF 1946;, EXECUTIVE ORDER NO. 10624, JULY 29, 1955, AS AMENDED BY EXECUTIVE ORDER NO. 10903, JANUARY 11, 1961, DELEGATING THE AUTHORITY OF THE PRESIDENT UNDER SECTION 603 OF THE AGRICULTURAL ACT OF 1954 TO THE SECRETARY OF STATE, TATES: "THERE SHALL BE APPLICABLE TO THE PERSONNEL (DEPARTMENT OF AGRICULTURAL PERSONNEL ABROAD) RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF STATE IN PURSUANCE OF * * * SO MUCH OF THE AUTHORITY VESTED IN THE PRESIDENT AND THE SECRETARY OF STATE BY TITLE IX OF THE FOREIGN SERVICE ACT OF 1946, OR BY ANY AMENDMENT THEREOF, AS RELATES TO ALLOWANCES AND BENEFITS UNDER THE SAID TITLE IX * * *"

THE APPLICABLE REGULATIONS OF THE SECRETARY OF STATE ARE SET FORTH IN THE PUBLICATION, STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS). OF PARTICULAR SIGNIFICANCE HEREIN IS SECTION 330 OF CHAPTER 300, REPRESENTATION ALLOWANCES, WHICH PROVIDES:

REPRESENTATION ALLOWANCES SHALL NOT BE USED FOR THE FOLLOWING OR SIMILAR PURPOSES:

C. EXPENSES OF PRINTING OR ENGRAVING. (44 U.S.C. 111).

D. PRINTING OF CHRISTMAS CARDS, OR OTHER TYPES OF GREETING CARDS. (DECISIONS OF COMPTROLLER GENERAL B-115132, JUNE 17, 1953; B-122515, FEBRUARY 23, 1955; B-133991, NOVEMBER 25, 1957; AND B-142538, FEBRUARY 8, 1961.)

IT WOULD APPEAR THAT SECTION 330, PARTICULARLY ITEM "C," IS AN IMPEDIMENT TO THE USE OF REPRESENTATION ALLOWANCE FUNDS FOR PRINTING, INCLUDING THE PRINTING OF INVITATIONS. THE FACT THAT ITEM "C" REFERS TO 44 U.S.C. 111, WHICH PROVIDES FOR AUTHORIZED FIELD PRINTING, IS NOT VIEWED AS WARRANTING ACTION IN CONTRAVENTION OF THE ESTABLISHED PRACTICE OF THE DEPARTMENT OF STATE BASED UPON A BROAD INTERPRETATION OF THE REGULATION PROHIBITING THE USE OF REPRESENTATION ALLOWANCES FOR EXPENSES OF PRINTING.

IN CONNECTION WITH SECTION 330 OF THE REGULATIONS, THE LETTER OF THE UNDER SECRETARY REFERS TO OUR DECISION OF FEBRUARY 23, 1955 (B 122515), WHEREIN WE HELD THAT THE REPRESENTATION ALLOWANCE FUNDS OF THE FOREIGN OPERATIONS ADMINISTRATION WERE AVAILABLE FOR THE PURCHASE OF PRINTED INVITATION CARDS AND ENVELOPES IN CONNECTION WITH AN OFFICIAL FUNCTION AT AN OVERSEAS MISSION. THE STANDARDIZED REGULATIONS THEN IN EXISTENCE MERELY ADMONISHED CERTIFYING OFFICERS TO "DETERMINE THAT NO EXPENDITURES ARE INCLUDED * * * WHICH ARE EXPRESSLY PROHIBITED BY LAW.' SEE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) SECTION 270, REPRESENTATION ALLOWANCES, DATED JUNE 6, 1953. AND AS THE APPROPRIATION IN THAT CASE WAS AVAILABLE FOR EXPENDITURE WITHOUT REGARD TO ANY LAW FOR PRINTING AND BINDING, THE THEN EXISTING ADMINISTRATIVE INTERPRETATION OF THE PRINTING RESTRICTIONS OF 44 U.S.C. 219, REFLECTED IN THE FOREIGN SERVICE MANUAL, VOLUME I--- ADMINISTRATION, PART V--- FISCAL MANAGEMENT, SECTION 432.2, WAS NOT NECESSARILY FOR CONSIDERATION.

WHILE THE PRINTING RESTRICTION OF SECTION 330 MAY BE BROADER IN SCOPE THAN NECESSARY WITH REFERENCE TO THE FOREIGN AGRICULTURAL SERVICE, WHOSE APPROPRIATION CONTAINING AN AMOUNT FOR REPRESENTATION ALLOWANCES IS AVAILABLE FOR FIELD PRINTING UNDER THE PROVISIONS OF 44 U.S.C. 111 AND REGULATIONS ISSUED THEREUNDER, THE MATTER IS ONE FOR CONSIDERATION OF THE SECRETARY OF STATE. IN THAT CONNECTION WE INVITE YOUR ATTENTION TO EXECUTIVE ORDER NO. 10624, PARTICULARLY THE PROVISO OF SECTION 2; "THAT THE SECRETARY OF STATE, UPON THE REQUEST OF THE SECRETARY OF AGRICULTURE, MAY PRESCRIBE, WITHIN EXISTING AUTHORITY OF LAW AND WHEN DEEMED NECESSARY, SPECIAL RULES AND REGULATIONS FOR SUCH PERSONNEL (DEPARTMENT OF AGRICULTURE PERSONNEL ABROAD).'

IN RESPONSE TO THE SPECIFIC INQUIRY OF THE UNDER SECRETARY, YOU ARE ADVISED WE ARE OF THE VIEW THAT SECTION 330 OF THE STANDARDIZED REGULATIONS PRECLUDES THE USE OF REPRESENTATION ALLOWANCE FUNDS FOR PRINTED INVITATIONS PROCURED IN CONNECTION WITH THE CONDUCT OF A REPRESENTATION FUNCTION.

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