B-117401, NOVEMBER 5, 1953, 33 COMP. GEN. 206

B-117401, NOVEMBER 5, 1953, 33 COMP. GEN. 206

APPROPRIATIONS - AVAILABILITY - PENALTY MAIL COSTS UNDER THE PENALTY MAIL ACT OF 1948, AS AMENDED, AGENCIES ARE REQUIRED TO REIMBURSE THE POST OFFICE DEPARTMENT FOR THE COST OF TRANSMITTING GOVERNMENT MAIL AND MAY USE ANY AVAILABLE APPROPRIATIONS OR FUNDS FOR SUCH PURPOSE--- THERE BEING NO REQUIREMENT THAT THE APPROPRIATION OF THE PARTICULAR ACTIVITY OR BUREAU CONCERNED BE CHARGED WITH THE COST OF MAILINGS GROWING OUT OF ITS OFFICIAL FUNCTIONS.

ACTING COMPTROLLER GENERAL WEITZEL TO THE ATTORNEY GENERAL, NOVEMBER 5, 1953:

REFERENCE IS MADE TO LETTER OF OCTOBER 14, 1953, FILE A3, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, REQUESTING DECISION AS TO WHETHER ANY FUNDS AVAILABLE TO A DEPARTMENT MAY BE USED IN PAYMENT OF THE CHARGES FOR OFFICIAL MAILINGS UNDER SECTION 1 OF PUBLIC LAW 286, 83D CONGRESS, APPROVED AUGUST 15, 1953, 67 STAT. 614 OR WHETHER THE APPROPRIATION OF THE APPLICABLE ACTIVITY RESPONSIBLE FOR AND CONCERNING WHICH THE MAILINGS ARE MADE MUST BE CHARGED WITH THE EXPENSE GROWING OUT OF ITS OFFICIAL FUNCTIONS.

SECTION 1, OF THE ACT, PROVIDES, IN PART, AS FOLLOWS:

* * * THERE SHALL BE TRANSFERRED TO THE POST OFFICE DEPARTMENT AS POSTAL REVENUE, OUT OF ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE DEPARTMENTS, AGENCIES, AND ESTABLISHMENTS CONCERNED, THE EQUIVALENT AMOUNT OF POSTAGE DUE * * *.

FUNDS NECESSARY FOR THE ADMINISTRATIVE EXPENSES OF A PARTICULAR PROGRAM, ACTIVITY, OR BUREAU, USUALLY ARE BUDGETED AND APPROPRIATED FOR SPECIFICALLY IN CONNECTION THEREWITH. HOWEVER, UNDER THE LAW IN EFFECT IMMEDIATELY PRIOR TO PASSAGE OF THE ACT OF AUGUST 15, 1953, SECTION 301 OF THE PENALTY MAIL ACT OF 1948, 62 STAT. 1048, GOVERNMENT DEPARTMENTS, AGENCIES AND ESTABLISHMENTS GENERALLY WERE NOT REQUIRED TO PAY THE COST OF TRANSMITTAL OF PENALTY MAIL ORIGINATING THEREIN AND THUS NO AMOUNTS WERE BUDGETED THEREFOR OR INCLUDED IN THEIR ESTIMATES OR APPROPRIATIONS FOR THE FISCAL YEAR 1954. THE CONGRESS BY THE CITED PROVISION MADE AVAILABLE FOR TRANSFERS TO THE POST OFFICE DEPARTMENT TO COVER SUCH PENALTY MAIL COSTS "ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE DEPARTMENTS, AGENCIES AND ESTABLISHMENTS CONCERNED.' THE EFFECT OF SUCH PROVISION IS TO REQUIRE, UNLESS SUPPLEMENTAL FUNDS ARE SPECIFICALLY MADE AVAILABLE TO DEFRAY SUCH COSTS IN PARTICULAR CASES, THAT THE PENALTY MAIL COSTS BE BORNE BY APPROPRIATIONS OR FUNDS OTHERWISE MADE AVAILABLE TO SUCH DEPARTMENTS, AGENCIES OR ESTABLISHMENTS. HOWEVER, IN VIEW OF THE BROAD LANGUAGE USED, THERE APPEARS TO BE NO REQUIREMENT THAT THE APPROPRIATION OF THE PARTICULAR ACTIVITY OR BUREAU CONCERNED BY CHARGED WITH THE COSTS OF MAILINGS GROWING OUT OF ITS OFFICIAL FUNCTIONS AND SUCH COSTS MAY BE CHARGED TO ANY APPROPRIATION OR FUND AVAILABLE TO THE DEPARTMENT, AGENCY, OR ESTABLISHMENT CONCERNED.