Use of Penalty Mail by Court Reporters in Mailing Official Court Correspondence

The Administrative Office of the United States Courts requested a decision whether court reporters could use the "penalty mailing" privilege for mailing court documents. The Administrative Office conte nded that the reporters must pay their own mailing expenses, because they are required to furnish their supplies at their own expense. The reporters contended that, as Government officers, they are entitled to use the penalty mailing privilege. They said that the term "supplies" does not include penalty mail. The Postal Service contended that the reporters could use the mailing privileges because they do not receive compensation specifically earmarked for postage expenses. GAO held that the court reporters must pay for mailing expenses for court correspondence because of the requirement that they furnish all supplies at their own expense. They may be permitted by the Administrative Office to use penalty mail on a reimbursable basis for activities that are official business and not connected with their fee-generating activities.