Review of Elements of the Water Quality Information Exchange Program

A member of the House of Representatives requested that GAO review certain elements of the Water Quality Information Exchange Program conducted by the Environmental Protection Agency (EPA). Of special concern is a series of newsletters entitled "Water Quality Awareness," published by the Planning and Conservation Foundation, a California nonprofit organization. As part of the "Procurement Plan" incorporated in the Purchase Order, EPA agreed to furnish the Foundation with letter-size "penalty mailing" envelopes endorsed at the third-class bulk rate, in which to mail the newsletters. GAO was asked to review (1) EPA's justification for entering into the contract with the Foundation; (2) EPA's authority to provide the penalty mailing envelopes; (3) cost comparison of penalty mailing envelopes with available alternatives; (4) use of language in the newsletters indicating approval by EPA of their preparation; and (5) possible violations of Federal anti-lobbying statutes in certain articles of an "advocacy" nature.

In light of legislative language and history, EPA's program of workshops and newsletters appears reasonably geared to carry out the congressional objective of public awareness and participation, and thus appears to be well within the range of EPA's administrative discretion. EPA has justified its use of the penalty mailing envelopes on the grounds that the mailing of the newsletters was an "authorized official Agency activity," i.e., an activity that EPA "may properly and legally undertake." Assuming, as is most likely, that the newsletter qualified for the minimum rate, then the cost of postage for the penalty mail envelopes provided by EPA was 7.7 cents each. Although the use of the approval statement appeared to violate no law, we believe it was ill-advised since it does, in our opinion, create the impression that EPA has endorsed the contents of the newsletter. The use of appropriated funds to publish and/or distribute the article would constitute a violation of Federal anti-lobbying statues.