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B-209508 1 (1983-07-19)

handle is hein.gao/gaobabjah0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON-D.C. 204 B'209508 July 19, 1983 The Honorable Charles McC. Mathias, Jr--. Vice Chairman, Joint Committee on Printing Congress of the United States Dear Mr. Chairman: In a letter dated October 8, 1982, you asked our opinion on the propriety of the Navy Publications and Printing Serrice pro- viding printing services, on a reimbursable basis, to the Navy's Resale Service and the Navy Motion Picture Exchange Service, each a nonappropriated fund instrumentality (MAFI). You stated that the Joint Committee on Printing has long held the position that the Federal Government's printing funds and facilities should not be employed to support such nonappropriated fund activities, even though they may be reimbursable. You indicated, however, that the Navy has continually used its printing facilities to provide services for NAFIs.1/ We have been informed by a member of the Joint Committee staff that the services with which the Committee is concerned consist primarily of printing and wrapping advertis- ing circulars for the exchanges. For the reasons indicated below, we conclude that the Nay Publications and Printing Service may not lawfully continue to provide the described printing services to NAFIs. Although NAFIs are Government instrumentalities, in mPny in- stances we have treated them as if they were not parts of the Federal Government. r'or example, we have ruled that debts owed to NAFIs are not debts due the United States and therefore there is no authority to set off amounts due a military exchange against tha salary of a civilian Government employee. 43 Comp. Gen. 431 (1963). In that decision we referred to the concept of NAFIs being treated as instru- mentalities of the Government for some purposes but not for all purposes. Id. at 434. 1/ In a memorandum submitted to the Committee, a copy of which you -enclosed in your letter, the Navy justifies this practice by cit- ing Department of the Navy regulations. These regulations are promulgated under authority of sections 5031 and 6011 of Title 10 of the United States Code and grant the Secretary of the Navy authority to administer the Navy and to issue regulations. They also contain authority for the Navy Publications and Printing Service to produce or procure publications for NAFIs. The dis- positive issue here, however, is not whether these regulations grant authority for the Navy Publications and Printing Service to provide services for NAFIs but whether this practice is in ac- cord wit'h :izze oN the United States Code, which coverns public printing and binding.

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