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B-193037 1 (1980-01-15)

handle is hein.gao/gaobadhww0001 and id is 1 raw text is: I -, ~~-i / ESIN 5 THE COMPTROLLER GENERAL DECISION *OF THE UNITED STATES / WASHINGTON. D.C. 2054B UNITE0 FILE:B-193037 DATE: January 15, 1980 MATTER OF: DIGEST: Disposition of Commissions from Pay Telephones at Federal Prisons Commissions received by the Bureau of Prisons, based on collections from pay telephones pro- vided for the exclusive use of inmates at penal and correctional institutions of the Bureau must be deposited into the general fund of the Trea- sury as miscellaneous receipts. No substantial outlay from Bureau appropriations is made for installation and provisions of pay telephone ser- vice. Therefore, 18 U.S.C. 4011, providing an exception to 31 U.S.C. 484, Its not applicable. This decision is in response to a request for an opinion from the Assistant Attorney General for Administration (AAGA), Depart- /e mentof Justice, on whether commissions received from telephone companies based on their receipts from pay telephones provided for the exclusive use of inmates at institutions of the Bureau of Pri- sons (Bureau) must continue to be d-Ait-ed-in-the miscellaneous receipts account of the United States Treasury_(Treasury)-,s or whether they may be used by the Buxjau or a5-=v4-t fulwing alternatiispositions--~ (1) For deposit in the various prison Inmate Welfare Funds; (2) For credit against Bureau telephone bills, to offset maintenance and operating costs incurred in providing telephones for inmates; or (3) For reimbursement to Bureau appropriations for the care and well-being of prisoners. For the reasons discussed below, we believe that the Bureau must continue to deposit the commissions into the miscellaneous receipts account of the Treasury. The Bureau has arranged for the provision of telephone services to inmates pursuant to its general responsibility to provide suitable quarters and to provide for the care and subsistence of all inmates in Federal penal and correc- tional institutions 18 U.S.C. §§ 4001, 4042 (1976). Bureau Policy Statement 7300.79A (August 4, 1978), setting forth telephone regu- lations for inmates, states that Constructive, wholesome contact 1114

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