GAO Opines on Publicity and Propaganda Prohibition

  The GAO issued several opinions on September 30 that focus on the publicity or propaganda restriction found in appropriations acts. 

    In B-306349 (www.gao.gov/decisions/appro/306349.htm) GAO determined that DoEd's covert funding of newspaper articles violated section 6076 of the Emergency Supplemental Appropriations Act of 2005, Pub. L. No 109-13.  The opinion noted that this Act overturned the OLC opinion of 7/24/2004, which had permitted such covert funding when news articles were purely informational.

   In B-305368 (www.gao.gov/decisions/appro/305368.htm) GAO determined DoEd violated the Antideficiency Act, 31 U.S.C. 1341, for using appropriated funds to covertly fund commentary by a TV commentator.

    In B-304716 (www.gao.gov/decisions/appro/304716.htm)  GAO approved the use of appropriated funds to pay for services of an expert consultant because the services were not covert,self-aggrandizing, or purely partisan.

   In B-304228 (www.gao.gov/decisions/appro/304228.htm), GAO noted that appropriated funds may not be used by DoEd to to conduct a media analysis of the public's perception of the Republican Party's (or any other political party's) commitment to education.  However, because DoEd incurred little expense for this portion of a larger study, GAO did not find a violation of appropriations law.