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B-212484 1 (1984-04-10)

handle is hein.gao/gaobadlqe0001 and id is 1 raw text is: ) 1' U t TNI COMPTROLLER GENERAL ECIION OP THE UNITED *TATE WASHINGTON. 0. C. 20548 B-212484 DATE: April 10, 1984 MATTER OF: Tobacco Inspectors, Department of Agriculture - Payment of Employee's Share of Health Insurance from Tobacco DIGEST: User Fee Fund The Department of Agriculture asks whether it may pay the employee share of health insurance for tobacco inspectors in nonpay status from the tobacco user fee fund. Such expenditure may not be made. User fees collected from tobacco producers to provide tobacco inspection, certification and other services under the Tobacco Inspection Act are consid- ered appropriated funds and are subject to laws controlling expenditure of such funds. Expenditure of appropriated funds to pay the employee share of health insurance for tobacco inspectors while they are in nonpay status is pro- hibited by the Federal Employees Health Benefits Act, which places a 75 percent ceiling on agency contributions, and regulations implemented by the Office of Personnel Management. This decision is in response to a request from the Secretary pf Agriculture, The Honorable John R. Block. The Secretary asks whether the Department of Agriculture may legally authorize payment of the employee share of health insurance for tobacco inspectors in nonpay status from the tobacco user fee fund._. For the following reasons, we hold that user fees may not be used to cover the employee share of health insurance. BACKGROUND The Tobacco Inspection Act, 7 U.S.C. SS 511-511q (1982), authorizes the Secretary of Agriculture to provide inspection and certification (grading) services at all designated tobacco auction markets. The Agricultural Marketing Service, Department of Agriculture, employs

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