B-117401, FEB. 13, 1957

B-117401, FEB. 13, 1957

TO THE HONORABLE PERCIVAL F. BRUNDAGE, DIRECTOR, BUREAU OF THE BUDGET:

YOUR LETTER OF JANUARY 24, 1957, WITH ENCLOSURE, CALLS TO OUR ATTENTION THAT THE DEPARTMENT OF JUSTICE HAS BEEN CHARGING TO THE APPROPRIATION FOR "SUPPORT OF UNITED STATES PRISONERS" REGISTRY FEES AND PENALTY MAIL COSTS CONNECTED WITH THE DEPARTMENT'S LEGAL AND GENERAL ADMINISTRATIVE ACTIVITIES. IT IS REPORTED THAT THE DEPARTMENT RELIES UPON 33 COMP. GEN. 206 AND 36 ID. 239 AS JUSTIFICATION FOR THE PRACTICE WHICH YOU STATE SEEMS CONTRARY TO THE PRINCIPLE OF ALLOCATING COSTS TO THE ACTIVITY WITH WHICH THEY ARE CONCERNED.

OUR ABOVE-CITED DECISIONS HOLD GENERALLY THAT UNDER THE PENALTY MAIL ACT OF 1948, AS AMENDED BY THE ACT OF AUGUST 15, 1953, 67 STAT. 614, AND THE ACT OF JULY 14, 1956, 70 STAT. 535, TRANSFERS TO THE POST OFFICE DEPARTMENT FOR THE EXPENSE OF HANDLING PENALTY MAIL AND REGISTRY FEES ON OFFICIAL MAIL MAY BE MADE OUT OF ANY APPROPRIATION AVAILABLE TO THE DEPARTMENT OR AGENCY RATHER THAN EXCLUSIVELY OUT OF THE APPROPRIATION OF THE PARTICULAR ACTIVITY OR BUREAU RESPONSIBLE FOR THE MAILING.

WE AGREE THAT SUCH HOLDING PERMITS A DEPARTURE FROM THE PRINCIPLE OF ALLOCATING COSTS TO THE PARTICULAR ACTIVITY IN CONNECTION WITH WHICH THEY ORIGINATE, WITH WHICH PRINCIPLE WE ARE IN GENERAL AGREEMENT. HOWEVER, IN VIEW OF THE SPECIFIC PROVISIONS OF THE INVOLVED STATUTES AUTHORIZING PAYMENT OF SUCH COSTS OUT OF "ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE DEPARTMENT" ETC., WE DID NOT FEEL WE WOULD BE WARRANTED IN RESTRICTING TRANSFERS TO THE POST OFFICE DEPARTMENT WHICH THE LAW SPECIFICALLY AUTHORIZES. IT SEEMS EVIDENT THAT THE CONGRESS IN AUTHORIZING THE USE OF "ANY APPROPRIATION AVAILABLE TO THE DEPARTMENT" FOR SUCH TRANSFERS DID SO WITH THE VIEW OR HOPE THAT SUCH MAILING COSTS COULD BE ABSORBED BY THE DEPARTMENTS OR AGENCIES IF THEY WERE PERMITTED TO USE ANY APPROPRIATION AVAILABLE TO THEM ON A DEPARTMENT OR AGENCY WIDE BASIS RATHER THAN RESTRICTING THEM TO A BUREAU OR ACTIVITY BASIS. ALSO, IT MAY BE THAT THE CONGRESS BY MAKING SUCH A PROVISION INTENDED TO ELIMINATE ANY ADDITIONAL EXPENSE INCIDENT TO DETERMINING HOW MUCH MAIL ORIGINATED IN PARTICULAR BUREAUS IN ORDER TO COMPUTE THE COSTS TO BE BORNE BY EACH BUREAU. IT IS NOTED, IN THIS CONNECTION, THAT THE DEPARTMENT OF JUSTICE REPORTED, IN CONNECTION WITH THE REGISTRY FEE EXPENSE, THAT TO HANDLE THE MATTER ON A DEPARTMENT WIDE BASIS WOULD ELIMINATE A GREAT DEAL OF UNNECESSARY RECORD KEEPING. (SEE THE LAST SENTENCE BEGINNING ON PAGE 239 OF VOLUME 36 OF OUR DECISIONS).

UNDER THE CIRCUMSTANCES, WE DO NOT DEEM IT PROPER FOR US TO REQUIRE THAT THE PENALTY MAIL AND REGISTRY EXPENSE BE BORNE EXCLUSIVELY OUT OF THE FUNDS OR APPROPRIATIONS OF THE PARTICULAR BUREAU OR ACTIVITY IN WHICH THE MAIL ORIGINATES. HOWEVER, IF YOUR BUREAU, FOR ACCOUNTING AND BUDGETARY REASONS AND AS A MATTER OF POLICY, REQUIRES THE DEPARTMENTS AND AGENCIES TO DO THIS, WE WOULD HAVE NO OBJECTION TO THE CHARGES BEING MADE AGAINST THE APPROPRIATION OR FUND OF THE BUREAU OR ACTIVITY CONCERNED. SUCH FUNDS ARE NECESSARILY ENCOMPASSED BY THE LANGUAGE PERMITTING SUCH TRANSFERS TO THE POST OFFICE DEPARTMENT FROM "ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE DEPARTMENTS, AGENCIES OR ESTABLISHMENTS.'