B-172556, DEC 29, 1971

B-172556, DEC 29, 1971

REIMBURSEMENT OF CONTEST ENTRANCE FEES DECISION ALLOWING REIMBURSEMENT TO MR. H. S. LIEB AS DEPUTY DIRECTOR OF THE OFFICE OF PUBLIC AFFAIRS OF NOAA CONCERNING FEES ADVANCED BY HIM TO ENTER AGENCY PUBLICATIONS IN THE 1971 ANNUAL GOVERNMENT PUBLICATIONS CONTEST OF THE FEDERAL EDITOR'S ASSOCIATION. IN THIS CASE, THE ADMINISTRATOR HAS DETERMINED THAT ENTRY INTO THE CONTEST MAY BE CONSIDERED AN EXPENDITURE NECESSARY TO CARRY OUT THE PURPOSES OF THE AGENCY'S APPROPRIATIONS. FURTHERMORE, PRIZES ARE AWARDED DIRECTLY TO THE AGENCY AND NOT TO INDIVIDUAL EDITORS OR WRITERS OF THE PUBLICATIONS. IN VIEW OF THESE FACTS, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

TO MR. RAYMOND P. HOGAN:

YOUR LETTERS OF APRIL 6 AND APRIL 20, 1971, WITH ENCLOSURES (YOUR REFERENCE AD571), REQUEST AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER (ENCLOSED WITH YOUR EARLIER LETTER) IN THE AMOUNT OF $60, PAYABLE TO MR. H. S. LIEB, COVERING THE COST OF FEES ADVANCED BY HIM TO ENTER AGENCY PUBLICATIONS IN THE 1971 ANNUAL GOVERNMENT PUBLICATIONS CONTEST OF THE FEDERAL EDITOR'S ASSOCIATION. BY LETTERS DATED JUNE 7 AND NOVEMBER 22, 1971, WE REQUESTED THE VIEWS OF THE SECRETARY OF COMMERCE AS TO WHETHER THE ENTRY OF THE NOAA PUBLICATIONS IN THE CONTEST IN QUESTION WAS NECESSARY TO ENABLE NOAA TO CARRY OUT ANY OF ITS PURPOSES AND FUNCTIONS. THE VIEWS OF THE DEPARTMENT WERE FURNISHED IN A LETTER DATED DECEMBER 3, 1971, FROM THE ADMINISTRATOR OF NOAA.

YOU STATE THAT MR. LIEB IS THE DEPUTY DIRECTOR OF THE OFFICE OF PUBLIC AFFAIRS OF NOAA AND THAT HE IS IN CHARGE OF THE AGENCY'S PARTICIPATION IN THE CONTEST. YOU FURTHER STATE THAT HE ADVANCED THE ENTRY FEES OUT OF PERSONAL FUNDS, BUT THAT HE CONSIDERED THE EXPENSE AS OFFICIALLY NECESSARY AND IN THE INTEREST OF NOAA AND THAT HE WOULD LIKE REIMBURSEMENT THEREFOR.

AS NOTED IN YOUR LETTERS, IN OUR DECISION OF JUNE 14, 1968, B-164467, TO AN AUTHORIZED CERTIFYING OFFICER OF THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, WE CONSIDERED THE MATTER OF WHETHER BUREAU OF MINES APPROPRIATIONS WERE AVAILABLE TO PAY FOR ENTRY OF AN OFFICIAL PUBLICATION IN THE FIFTH ANNUAL GOVERNMENT PUBLICATIONS CONTEST OF THE FEDERAL EDITOR'S ASSOCIATION. WE HELD THEREIN THAT APPROPRIATIONS FOR THE BUREAU OF MINES CONTAINED IN THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1968, PUB. L. 90-28, 81 STAT. 59, 64, WERE AVAILABLE FOR EXPENSES NECESSARY TO CARRY OUT SPECIFIC AND GENERAL FUNCTIONS OF THE BUREAU AND THAT IT WAS NOT APPARENT TO OUR OFFICE, BASED ON THE RECORD BEFORE US, HOW THE ENTERING OF A BUREAU OF MINES PUBLICATION IN THE CONTEST COULD BE CONSIDERED A "NECESSARY EXPENSE" UNDER ANY OF THE APPROPRIATIONS PROVIDED IN THE BUREAU'S APPROPRIATIONS ACT FOR CARRYING OUT THE BUREAU'S FUNCTIONS. IN LIGHT OF THAT DECISION, YOU ASK WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $60 TO REIMBURSE MR. LIEB FOR THE ENTRY FEES HE ADVANCED.

IN COMMENTING ON WHETHER THE ENTRY FEES ARE NECESSARY EXPENSES TO CARRY OUT NOAA'S PROGRAMS, THE ADMINISTRATOR POINTS OUT THAT ALTHOUGH THERE IS NO EXPRESS AUTHORIZATION IN NOAA'S ANNUAL APPROPRIATION ACTS FOR PAYMENT OF ENTRANCE OR PARTICIPATION FEES OF THIS NATURE, NOAA HAS BROAD STATUTORY AUTHORITY FOR PUBLICATION OF MATTER DEALING WITH WEATHER, GEODESY, AND SIMILAR MATTERS, AND STATES THAT:

"FULFILLMENT OF NOAA'S PUBLICATION RESPONSIBILITIES REQUIRES CONTINUOUS REVIEW AND EVALUATION OF THE QUALITY AND EFFECTIVENESS OF THE WRITINGS THROUGH WHICH PUBLIC DISSEMINATION OF INFORMATION IS EFFECTED. PARTICIPATION IN COMPARATIVE EVALUATION SPONSORED BY A NATIONAL ORGANIZATION FROM WHICH NO PERSONAL AWARDS OR TANGIBLE BENEFIT TO GOVERNMENT EMPLOYEES ARE OBTAINED, HAS THE EFFECT OF INSPIRING AUTHORS AND GOVERNMENT PUBLICATION SPECIALISTS TO WRITE MORE EFFECTIVELY AND PUBLISH MATERIALS OF HIGHER QUALITY. *** "

THE ADMINISTRATOR FURTHER QUOTES THE VIEWS OF THE DIRECTOR OF PUBLIC AFFAIRS OF HIS AGENCY IN WHICH IT IS STATED THAT ENTRY INTO THIS ANNUAL CONTEST IS AN "EXTREMELY VALUABLE MANAGEMENT TOOL." THE DIRECTOR OF PUBLIC AFFAIRS STATES THAT THE EXHAUSTIVE PUBLICATION REVIEW WITHIN THE AGENCY TO DETERMINE WHICH PUBLICATIONS BEST EXEMPLIFY THE WORK OF NOAA IS ITSELF VALUABLE. MOREOVER, HE STATES THAT THE EVALUATION BY PRESTIGIOUS NON-FEDERAL JUDGES AS TO WHICH FEDERAL PUBLICATIONS ARE MOST EFFECTIVE GIVES AGENCY EDITORS "A FRESH ANNUAL VIEW OF WHICH DIRECTIONS ARE BEST TAKEN."

THE ADMINISTRATOR ALSO STATES THAT THE ENTRY FEES ARE NOT PROSCRIBED BY 5 U.S.C. 5946, WHICH PROHIBITS THE EXPENDITURE OF APPROPRIATED FUNDS FOR MEMBERSHIP AND ATTENDANCE FEES, SINCE THE SUBJECT EXPENSE RELATES SOLELY TO NONMEMBERS' ENTRANCE FEES INTO THE FEA CONTEST. THE FEE DOES NOT COVER COST OF ATTENDANCE TO A MEETING OR MEMBERSHIP IN THE ORGANIZATION. MOREOVER, THE ADMINISTRATOR CONTENDS THAT THE PRESENT CASE IS DISTINGUISHABLE FROM THE FACTS AND ASSUMPTIONS CONTAINED IN B 164467, DATED JUNE 14, 1968, SINCE IN THE PRESENT CASE THERE IS NO MONETARY AWARD FOR THE WINNING PUBLICATIONS. THE AWARD FOR THIS CONTEST IS A SCROLL WITH THE NAMES OF THE WINNING PUBLICATION, THE EDITOR, AND THE AGENCY. THE SCROLL IS PRESENTED TO THE WINNING EDITOR AS A REPRESENTATIVE OF THE AGENCY AND REMAINS ON PUBLIC DISPLAY IN EITHER THE OFFICE OF THE EDITOR OR IN THE PUBLIC AFFAIRS OFFICE OF NOAA. THE ADMINISTRATOR CONCLUDES THAT "THE EXPENDITURES WERE NECESSARILY INCURRED IN ORDER TO ENABLE NOAA TO CARRY OUT THE FUNCTIONS AND PURPOSES FOR WHICH THE APPROPRIATION, SOUGHT TO BE CHARGED, WERE MADE AND THAT THE ACTIVITY CONTRIBUTED MATERIALLY TO THE EFFECTIVE PERFORMANCE OF THESE FUNCTIONS."

IN OUR DECISION OF JUNE 14, 1968, WE HELD THAT THE APPROPRIATIONS OF THE BUREAU WERE NOT AVAILABLE FOR PAYMENT OF ENTRY FEES INTO SUBJECT CONTEST ON THE BASIS OF OUR ASSUMPTION, BASED ON THE RECORD BEFORE US, THAT THE PRIZES WERE AWARDED TO THE INDIVIDUAL EDITORS AND WRITERS OF THE PUBLICATIONS AND ON THE BASIS OF A LACK OF AN OFFICIAL DETERMINATION AND JUSTIFICATION THEREFOR THAT ENTRY OF THE PUBLICATIONS IN THE CONTEST WAS IN THE BEST INTEREST OF THE BUREAU OF MINES. IN THE INSTANT CASE, IN VIEW OF THE FACT THAT PRIZES ARE, IN FACT, AWARDED TO THE AGENCY INVOLVED AND IN VIEW OF THE ADMINISTRATIVE DETERMINATION, AND THE JUSTIFICATION THEREFOR, THAT ENTRY INTO THE CONTEST IS IN THE BEST INTEREST OF THE AGENCY AND, THEREFORE, AN EXPENDITURE WHICH CAN BE CONSIDERED AS NECESSARY TO CARRY OUT THE PURPOSES OF THE AGENCY'S APPROPRIATIONS, WE WILL NOT OBJECT TO THE PAYMENT OF THE COST OF ENTERING NOAA'S PUBLICATION IN THE GOVERNMENT PUBLICATIONS CONTEST OF THE FEDERAL EDITOR'S ASSOCIATION. WHETHER APPROPRIATED FUNDS MAY BE USED TO ENTER OTHER CONTESTS WILL, OF COURSE, DEPEND ON THE NATURE OF THE CONTEST, THE NATURE OF THE PRIZES AND TO WHOM THEY ARE AWARDED, AND ON THE ADMINISTRATIVE JUSTIFICATION FOR DETERMINING THAT THE EXPENSES OF ENTERING THE CONTEST ARE NECESSARILY INCURRED IN ORDER TO CARRY OUT THE SPECIFIC AND GENERAL FUNCTIONS OF THE AGENCY.

IN LIGHT OF THE FOREGOING, THE SUMITTED VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.