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B-128938 1 (1973-07-26)

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                H ipt f y the 0istriibuion Section, Publications IrachAS
                COMPI ROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON. D.C. W0S48
                  RELEASED



  B-128938
                                                      dUL 2ti 1U/J


  The Honorable  James G. O'Hara                       II/IIIIIIIIIII~lIIIiii/li
U .4ouse of Representatives
                                                            LM090680
  Dear Mr. O'Hara:

        This is in response to your letters of May 3 and 24, 1973,
   regarding an editorial published in a Defense Civil Prepared-
 Iness Agency (DCPA) Region Two publication entitled Survival.' Y
 You asked us to examine into publication and distribution of
   the editorial, which you described as 24sanpRjolitical
   material distributed as official business at taxpayer expense.

        We discussed matters in this report with DCPA officials
   and reviewed pertinent sections of the United States Code and
   Government Printing and Binding Regulations (GPBR). We also
   referred to Office of Management and Budget (OMB) Circular
   No. A-3 entitled Government Periodicals.

        The editorial did violate the law. GPBR, section 29, and
   44 U.S.C. 1102 prohibit printing which is not authorized by
   law and necessary to the public business. Documents or matters
   beyond the scope of ordinary agency business cannot be printed
   on the requisition of an agency unless authorized by the Con-
   gress. The editorial was not devoted to work which the law
   requires DCPA to undertake.

        Section 201 of the Federal Civil Defense Act of 1950
   authorizes publication of the periodical. The Government
   Printing Office printed 10,000 copies at Governmenf-I&xpense un-
   dYThrders -placed with it by Region Two. About 4,000 copies
   were mailed to recipients on the region's mailing list. The
   remaining copies were used for workshops and conferences and to
   fill subsequent requests. We could not determine costs of
   printing the editorial.

        Before our review DCPA officials recognized that the edi-
   torial had no place in DCPA's program or newsletter and should
   not have been published. The Regional Manager was reprimanded
   for allowing the editorial to be published.

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