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B-194770 1 (1980-07-15)

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                             THE  COMPTROLLER GENERAL
DECISION ~OF THE UNITED STATES
                             V V ASHINGTON, D. C. 20548


B- 19A77f


MATTER OF: Bureau of Alcohol, Tobacco, and Firearms,
              CObligating Funds for Strip Stamps


DIGEST:


Regardless of whether Bureau of Alcohol, To-
bacco and Firearms (ATF) places order for
strip stamps with Bureau of Engraving pur-
suant to either 31 U.S.C. § 686 or 26 U.S.C.
S 6801, it may obligate annual appropriations
at the end of the fiscal year only to the ex-
tent stamps are printed, in process or a con-
tract has been entered into by the Bureau with
a third party to provide the stamps to ATF.
31 U.S.C. § 686-1, 34 Comp. Gen. 708 (1955).
However, we would not object to ATF's automat-
ically obligating its next fiscal year's appro-
priation to cover the remainder of the order
based on information provided by the Bureau
on the extent to which it has filled the part-
icular order as of the close'of the fiscal year.


     This is in response to a request for an advance decision
from Glen A. McDonald, Certifying Officer, Bureau of Alcohol,
Tobacco and Firearms (ATF), Department of the Treasury, asking
whether ATF may obligate annual appropriations at the end of the
fiscal year to the extent that orders placed with the Bureau of
Engraving (Bureau) for strip stamps prior to the end of the fiscal
year are either printed or in process. Furtheri he asks whether
the unfilled portion of the order (that is, not printed or in
process) can automatically be charged to the next fiscal year
appropriation without an additional order being placed. For the
reasons stated below, our answer is yes to both of these questions.

     Strip stamps which came in various colors and sizes evidence
the determination of the Federal excise tax on liquors or indi-
cate compliance with Federal laws on containers of distilled
spirits.  The stamps are attached to the container in such a way
that they are broken (thus voiding them) upon opening the con-
tainers.


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