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B-199132 1 (1980-09-10)

handle is hein.gao/gaobactxw0001 and id is 1 raw text is: UNITED STATEs GENERAL ACCOUNTING OFFICE VIASHINGTON, D.C. 20548 OFFICE OF GENERAL COUN5EL B-199132 sEp o 8 Russel D.D Hall Staff Attorney Department of Human Services ' ' Oklahcwma Public Welfare Commission Pqblt4 r¶ e P.O. [ox 25352 Oklahcvna City, Oklahoma 73125 Dear Mr. Hall; This is in resp.onse to your letter of May 27, 1980 in which you raise two issues. The first concerns whether income received from vending machines operated on government property by Government employee associations must be deposited in the Treasury, pursuant to 31 U.S.C. 5 484 (1976). The second concerns the General Accounting Office's (GAO) audit responsibility under the Randolph-Sheppard Act, 20 U.S.C. S 107 (1976). Regarding the first issue, as your letter correctly points out, the Comptroller General's position on income from vending machines on Govern- ment property is basically set out in 32 Ccp. Gen. 124 (1952) and 32 Comp. Gen. 782 (1952). In 32 Comp. Gen. 124, the Attorney General was advised that it was the consistent view of this Office that funds derived from the installation and operation of vending machines on Government- owned or -controlled property wore funds for the use of the United States within thi meaning of that phrase as used in 31 U.S.C. 5 484 (1976) and, as such, were required to be deposited into the Treasury as miscellaneous receipts in the absence of express statutory authority to the contrary. However, in the decision appearing at 32 Comp. Gen. 282, we advised the Posumaster General that we would not object to the continued use of funds received by employee groups of the Post office Department frm the operation of vending machines installed by them in Government-owned Post Office buildings. The decision to the Attorney General was distinguished on thc: basis of the fact that there the Government agency involved, the Feder-il Bureau of Investigation, actually received the proceeds, while in tte Lost Office case the contractual arrangements for the installment purchase, installation, and operation of the vending machines at the various Post Offices were made by postal employee groups, with administra- tive approval, and with the understanding that any proceeds received by the employee groups from the operation of the machines could be retained by them. We stated that: gP

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