Department of the Air Force--Purchase of Decals for Installation on Public Utility Water Tower, B-301367, October 23, 2003

B-301367 Oct 23, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Air Force Reserve Operation and Maintenance appropriation is available for affixing decals of the major units assigned to Grissom Air Reserve Base onto a nearby utility company water tower to inform the public of the military's activities in the area. 2. (Grissom) has requested an advance decision on whether the Air Force Reserve Operation and Maintenance appropriation is available to purchase and install decals on a public utility water tower. We conclude that the appropriation is available for this purpose. Grissom Air Force Base was realigned to what it is now. He believes that the public generally is not aware that Grissom is still in operation. The Wing Commander would like to have decals of the major units assigned to the Base (Air Force. View Decision Department of the Air Force--Purchase of Decals for Installation on Public Utility Water Tower, B-301367, October 23, 2003 DIGEST DECISION The Comptroller of the 434th Air Refueling Wing, Grissom Air Reserve Base, (Grissom) has requested an advance decision on whether the Air Force Reserve Operation and Maintenance appropriation is available to purchase and install decals on a public utility water tower. The decals would include the patches and designations of the major reserve units assigned to the base. As explained below, we conclude that the appropriation is available for this purpose. BACKGROUND On October 1, 1994, Grissom Air Force Base was realigned to what it is now, Grissom Air Reserve Base (Grissom). As a result, the Wing Commander, in charge of Grissom's operations, believes that the Base's "footprint" became much smaller. He believes that the public generally is not aware that Grissom is still in operation. To address this, the Wing Commander would like to have decals of the major units assigned to the Base (Air Force, Navy, Marines, and Army Reserves), showing their unit patch and unit designations, affixed to a water tower owned by Peru Utilities, located near the Base and visible from a major highway. He believes that this will contribute to the Air Force Reserve's recruiting effort and will inform the public that there is a military presence in Indiana. The utility company has agreed to allow the decals on its water tower with the understanding that the Air Force will cover the cost of the decals and their installation. The Comptroller has indicated that materials will cost approximately $2,500. Military and civilian employees will perform the necessary labor. The Comptroller asks whether the Operations and Maintenance, Air Force Reserve appropriation1 is available for the purpose of putting the decals on the water tower under the rationale stated by the Wing Commander. Also, he asks if affixing the decals would constitute a prohibited alteration to non-federal government property. DISCUSSION An agency may use appropriated funds only for the purposes for which appropriated. 31 U.S.C. Sec. 1301(a). While the Air Force Reserve Operation and Maintenance appropriation does not specifically provide funds for informing the public about its activities, it is generally available for "expenses . . . necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment . . . ." /2/ Where, as here, an appropriation does not authorize an expenditure specifically, the availability of that appropriation for the expenditure is determined by applying the "necessary expense rule." 66 Comp. Gen. 356, 359 (1987). The appropriation is available if the expenditure is reasonably necessary to carry out an authorized function or will contribute materially to the effective accomplishment of that function, and is not otherwise prohibited by law. Id. The application of the necessary expense rule, in the first instance, is a matter of agency discretion. When an agency determines that an expenditure is a permissible use of its appropriation under a necessary expense analysis, we will review the reasonableness of that determination. In those instances, our inquiry focuses on whether the relationship of the proposed expenditure to the appropriation sought to be charged is so attenuated as to take the proposed expenditure beyond the agency's legitimate range of discretion. See B-280440, Feb. 26, 1999; B-247563, May 12, 1993. In this case, we conclude that the Wing Commander's use of the operation and maintenance appropriation for the proposed decals falls within the Wing Commander's discretion. Agencies may use appropriated funds to convey information to the public about their authorized activities. For example, the Immigration and Naturalization Service salaries and expenses appropriation was available to purchase medals to be worn by employees of the Border Patrol to commemorate its 75th anniversary. B-280440, Feb. 26, 1999.