B-106139, JANUARY 18, 1952, 31 COMP. GEN. 311

B-106139, JANUARY 18, 1952, 31 COMP. GEN. 311

APPROPRIATIONS - LIMITATIONS - PUBLICITY AND PROPAGANDA PROHIBITION - LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952 THE PUBLICITY OR PROPAGANDA PROHIBITION CONTAINED IN SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, IS NOT FOR APPLICATION TO FUNCTIONS OF THE NATIONAL LABOR REGULATIONS BOARD WHICH DEAL WITH DISSEMINATION TO THE GENERAL PUBLIC, OR TO PARTICULAR INQUIRERS, OF INFORMATION REASONABLY NECESSARY TO THE PROPER ADMINISTRATION OF THE LAWS THE DUTY FOR THE ENFORCEMENT OF WHICH FALLS UPON THE BOARD; HOWEVER, THE EMPLOYMENT OF MORE THAN FOUR PERSONS AT ANY ONE TIME IN THE PREPARATION OF PRESS RELEASES WHICH DO NOT RELATE PRIMARILY TO THE WORK OF THE BOARD IS PROHIBITED UNDER SAID SECTION.

ACTING COMPTROLLER GENERAL FISHER TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, JANUARY 18, 1952:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 16, 1951, IN WHICH YOU REQUEST A DECISION AS TO WHETHER THE DIVISION OF INFORMATION OF YOUR BOARD IS SUBJECT TO THE PROHIBITION CONTAINED IN SECTION 702, TITLE VII, OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, PUBLIC LAW 134, 82D CONGRESS, 65 STAT. 223, WHICH READS AS FOLLOWS:

NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED FOR PUBLICITY OR PROPAGANDA PURPOSES NOT HERETOFORE AUTHORIZED BY THE CONGRESS.

IT IS POINTED OUT IN YOUR LETTER THAT THE CONGRESS HAS AUTHORIZED, IN REPEATED ANNUAL APPROPRIATION ACTS, INCLUDING THE BOARD'S APPROPRIATION ACT FOR 1952, FUNDS FOR THE POSITIONS HELD BY THE STAFF OF THE DIVISION OF INFORMATION, THE FUNCTIONS AND ACTIVITIES OF THE DIVISION HAVING BEEN CAREFULLY DETAILED IN THE BUDGET ESTIMATES AND JUSTIFICATIONS; THAT THE DIVISION AFFORDS INFORMATION TO THE MEMBERS OF THE GENERAL PUBLIC AND PARTIES TO OFFICIAL PROCEEDINGS; THAT ITS STAFF ACTS AS LIAISON WITH THE PRESS AND PREPARES OFFICIAL SUMMARIES AND OTHER RELEASES EXPLANATORY OF THE DECISIONS AND FUNCTIONS OF THE BOARD; THAT THE DIVISION HAS BEEN IN THE PAST, AND CURRENTLY IS, CONSIDERED NECESSARY FOR THE NATIONAL LABOR RELATIONS BOARD TO CARRY OUT THE FUNCTIONS VESTED IN IT BY THE LABOR- MANAGEMENT RELATIONS ACT OF 1947, 61 STAT. 136; AND THAT THE DIVISION DOES NOT ENGAGE IN ANY PUBLICITY OR PROPAGANDA CAMPAIGNS.

IN ADDITION TO THE ABOVE QUOTED SECTION OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, THERE IS FOR CONSIDERATION SECTION 1315 OF THE SUPPLEMENTAL APPROPRIATION ACT, 1952, PUBLIC LAW 253, 82D CONGRESS, 65 STAT. 759, WHICH, IN PERTINENT PART, IS AS FOLLOWS:

(A) NO PART OF THE MONEY APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1952, BY THIS OR ANY OTHER ACT TO THE DEPARTMENT OF LABOR OR THE FEDERAL SECURITY AGENCY WHICH IS IN EXCESS OF 75 PERCENTUM OF THE AMOUNT REQUIRED TO PAY THE COMPENSATION OF ALL PERSONS THE AGGREGATE BUDGET ESTIMATES FOR PERSONAL SERVICES SUBMITTED TO THE CONGRESS FOR THE FISCAL YEAR 1952 CONTEMPLATED WOULD BE EMPLOYED BY SUCH DEPARTMENT OR SUCH AGENCY, RESPECTIVELY, DURING SUCH FISCAL YEAR IN THE PERFORMANCE OF---

(1) FUNCTIONS PERFORMED BY A PERSON DESIGNATED AS AN INFORMATION

SPECIALIST, INFORMATION AND EDITORIAL SPECIALIST, PUBLICATIONS AND

INFORMATION COORDINATOR, PRESS RELATIONS OFFICER OR COUNSEL,

PHOTOGRAPHER, RADIO EXPERT, TELEVISION EXPERT, MOTION-PICTURE

EXPERT, OR DESIGNATED BY A SIMILAR TITLE, OR

(2) FUNCTIONS PERFORMED BY PERSONS WHO ASSIST PERSONS PERFORMING

THE FUNCTIONS DESCRIBED IN (1) IN DRAFTING, PREPARING, EDITING,

TYPING, DUPLICATING, OR DISSEMINATING PUBLIC INFORMATION PUBLICATIONS

OR RELEASES, RADIO OR TELEVISION SCRIPTS, MAGAZINE ARTICLES,

PHOTOGRAPHS, MOTION-PICTURES, AND SIMILAR MATERIAL, SHALL BE AVAILABLE TO PAY THE COMPENSATION OF PERSONS PERFORMING THE FUNCTIONS DESCRIBED IN (1) OR (2): PROVIDED, THAT THIS SECTION SHALL NOT APPLY TO PERSONNEL ENGAGED IN THE PREPARATION OR DISTRIBUTION OF TECHNICAL, SCIENTIFIC, OR RESEARCH PUBLICATIONS, THE REPORTING OR DISSEMINATION OF THE RESULTS OF RESEARCH OR INVESTIGATIONS, THE PUBLISHING OF INFORMATION OR OTHER WORK REQUIRED BY LAW TO CARRY OUT THE DUTIES OF SUCH DEPARTMENT OR AGENCY OTHER THAN WORK INTENDED FOR PRESS, RADIO AND TELEVISION SERVICES, AND POPULAR PUBLICATIONS.

(B) NO PROVISION IN ANY ACT APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 1952, SHALL BE DEEMED TO LIMIT THE AMOUNT OF ANY APPROPRIATION MADE TO ANY DEPARTMENT, AGENCY, OR CORPORATION WHICH MAY BE USED TO COMPENSATE PERSONS ENGAGED IN THE PERFORMANCE OF FUNCTIONS DESCRIBED IN PARAGRAPH (1) OR (2) OF SUBSECTION (A) OF THIS SECTION, IF THE AGGREGATE NUMBER OF PERSONS EMPLOYED DURING SUCH FISCAL YEAR BY SUCH DEPARTMENT, AGENCY, OR CORPORATION IN THE PERFORMANCE OF SUCH FUNCTIONS DOES NOT EXCEED FOUR AT ANY TIME * * *.

IN DETERMINING WHAT THE CONGRESS INTENDED TO ENCOMPASS BY THE WORDS "PUBLICITY OR PROPAGANDA PURPOSES" CONTAINED IN SECTION 702 OF THE LABOR- FEDERAL SECURITY APPROPRIATION ACT, 1952, RESORT MUST BE HAD TO THE LEGISLATIVE HISTORY OF THAT ACT. IT APPEARS THAT THE SECTION WAS OFFERED AS AN AMENDMENT BY CONGRESSMAN SMITH OF WISCONSIN (PAGE 4206, CONGRESSIONAL RECORD FOR APRIL 18, 1951). MR. SMITH STATED THAT "THE PURPOSE OF THIS AMENDMENT IS TO PREVENT AS FAR AS POSSIBLE THE SPENDING OF UNREASONABLE AMOUNTS FOR PROPAGANDA AND PUBLICITY PURPOSES," THAT "IT IN NO WAY AFFECTS THE AMOUNT AS AUTHORIZED IN THIS BILL" AND THAT "THE TWO AGENCIES AFFECTED ARE LABOR AND FEDERAL SECURITY.' IT MUST BE NOTED, HOWEVER, THAT OTHER AGENCIES, INCLUDING THE NATIONAL LABOR RELATIONS BOARD, WERE IN FACT AFFECTED THEREBY. IN REPLY TO A QUESTION AS TO WHETHER THE LANGUAGE MIGHT NOT JEOPARDIZE PUBLICATION BY THE CHILDREN'S BUREAU OF PAMPHLETS PERTAINING TO THE TRAINING OF CHILDREN AND, ALSO, THE ENTIRE PROGRAM OF THE NATIONAL SECURITY AGENCY, CONGRESSMAN SMITH REPLIED THAT IT WOULD NOT, THAT IT SEEMED TO HIM THAT "WE CAN WELL DISTINGUISH BETWEEN WHAT IS PROPAGANDA AND WHAT IS EDUCATIONAL MATTER.' ON PAGE 4207 OF THE CONGRESSIONAL RECORD FOR APRIL 18, 1951, CONGRESSMAN PHILLIPS OF CALIFORNIA STATED:

THE GENTLEMAN'S AMENDMENT RUNS ONLY TO MATTERS WHICH HAVE NOT HAD THE SUPPORT OR THE APPROVAL OF THE CONGRESS. THE MATTER OF GETTING OUT BOOKLETS HAS ALWAYS HAD THE APPROVAL OF CONGRESS THROUGH ACTION OF THE COMMITTEE ON WHICH THE GENTLEMAN SERVES.

SIMILARLY, IN THE LEGISLATIVE HISTORY OF OTHER STATUTORY PROVISIONS LIMITING, RATHER THAN PROHIBITING, THE EXPENDITURE OF SUMS FOR PUBLICITY PURPOSES, IT IS INDICATED THAT THE INTENT IS TO PREVENT PUBLICITY OF A NATURE TENDING TO EMPHASIZE THE IMPORTANCE OF THE AGENCY OR ACTIVITY IN QUESTION. FOR INSTANCE, SENATOR BYRD, IN EXPLAINING THE AMENDMENT WHICH BECAME SECTION 604 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1952, PUBLIC LAW 137, 82D CONGRESS, 65 STAT. 291, 292, STATED--- PAGE 6890, CONGRESSIONAL RECORD FOR JUNE 19, 1951---

THE EFFECT OF THE AMENDMENT WOULD BE, AS I SAID, TO LIMIT EXPENDITURE OF FUNDS APPROPRIATED IN THIS ACT FOR PERSONAL SERVICE TO 75 PERCENT OF THE AMOUNT REQUESTED BY THE PRESIDENT IN HIS BUDGET ESTIMATES TO PAY EMPLOYEES WHOSE FUNCTIONS ARE THOSE OF PUBLICITY EXPERTS AND THEIR ASSISTANTS, AND THOSE ENGAGED IN RELATED SUPPORTING ACTIVITIES, SUCH AS TYPING, MIMEOGRAPHING, MAILING, AND SO FORTH.

INDIVIDUAL GLORIFICATION OF BUREAUCRATS AND POLITICAL PROPAGANDA CONSTITUTE THE PRESS SERVICE PROBLEM WHICH THIS AMENDMENT SEEKS TO CURTAIL. IT HAS BEEN A PROBLEM FOR A LONG TIME. SINCE 1913, AS I SAID, THERE HAS BEEN A STATUTE ON THE BOOKS PROVIDING THAT NO MONEY APPROPRIATED BY CONGRESS SHALL BE USED FOR THE COMPENSATION OF ANY PUBLICITY EXPERT UNLESS SPECIFICALLY APPROPRIATED FOR THAT PURPOSE.

IT WILL BE NOTED THAT SUB-SECTION 1315 (A) OF THE SUPPLEMENTAL APPROPRIATION ACT, 1952, SUPRA, DOES NOT APPLY TO ALL FUNDS APPROPRIATED IN THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, BUT ONLY TO FUNDS APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1952, TO THE DEPARTMENT OF LABOR AND THE FEDERAL SECURITY AGENCY. FUNDS FOR THE NATIONAL LABOR RELATIONS BOARD, HAVING BEEN SEPARATELY PROVIDED FOR IN TITLE III OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, ARE NOT, THEREFORE, AFFECTED BY SAID SUB-SECTION BUT ARE AFFECTED BY THE QUOTED PROVISIONS OF SUB-SECTION 1315 (B). THUS THE PROVISIONS OF SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, AS MODIFIED BY SAID SUB-SECTION 1315 (B), STILL ARE FOR APPLICATION.

ON PAGE 650 OF THE UNITED STATES GOVERNMENT ORGANIZATION MANUAL 1951 52 ARE LISTED THE PUBLICATIONS OF THE NATIONAL LABOR RELATIONS BOARD WHICH, IT IS UNDERSTOOD, ARE PREPARED AND DISTRIBUTED BY YOUR DIVISION OF INFORMATION. THESE ARE: DECISIONS AND ORDERS, TABLE OF CASES DECIDED, RULES AND REGULATIONS, COURT DECISIONS RELATING TO NLRA, INDEX OF COURT DECISIONS, LEGISLATIVE HISTORY OF LABOR MANAGEMENT RELATIONS ACT, 1947, AND MISCELLANEOUS INFORMATION MATERIAL.

REPRESENTATIVE EXAMPLES OF THESE WHICH ARE AVAILABLE IN THIS OFFICE INDICATE THAT, WITH THE POSSIBLE EXCEPTION OF CERTAIN PRESS RELEASES WHICH REPORT SPEECHES OF MEMBERS OF THE BOARD, THEY DO NOT FALL WITHIN THE CLASS OF MATERIAL THE PROHIBITION OF THE ISSUANCE OF WHICH WAS CONTEMPLATED BY THE CONGRESS IN THE ENACTMENT OF SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952.

IT APPEARS CLEAR, THEREFORE, THAT THE PROHIBITION CONTAINED IN SAID SECTION 702 WOULD NOT BE FOR APPLICATION TO THOSE FUNCTIONS OF YOUR DIVISION OF INFORMATION WHICH DEAL WITH DISSEMINATION TO THE GENERAL PUBLIC, OR TO PARTICULAR INQUIRERS, OF INFORMATION REASONABLY NECESSARY TO THE PROPER ADMINISTRATION OF THE LAWS THE DUTY FOR THE ENFORCEMENT OF WHICH FALLS UPON YOUR BOARD. ON THE OTHER HAND, THE EMPLOYMENT OF MORE THAN FOUR PERSONS AT ANY ONE TIME IN THE PREPARATION OF PRESS RELEASES WHICH DO NOT DEAL PRIMARILY WITH SUCH INFORMATION WELL MIGHT BE CONSTRUED AS BEING PROHIBITED UNDER SECTION 702 OF THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1952, AS MODIFIED BY SUBSECTION 1315 (B) OF THE SUPPLEMENTAL APPROPRIATION ACT, 1952.