B-117401, SEPTEMBER 27, 1956, 36 COMP. GEN. 239

B-117401, SEPTEMBER 27, 1956, 36 COMP. GEN. 239

POST OFFICE DEPARTMENT - REIMBURSEMENT - REGISTRY FEES ON OFFICIAL MAIL APPROPRIATION AVAILABILITY REIMBURSEMENT TO THE POST OFFICE DEPARTMENT FOR REGISTRY FEES ON OFFICIAL MAIL TRANSMITTED WITHOUT PREPAYMENT OF SUCH FEES MAY BE MADE FROM ANY APPROPRIATION AVAILABLE TO THE MAILING DEPARTMENT OR AGENCY RATHER THAN FROM THE APPROPRIATION OF THE PARTICULAR ACTIVITY OR BUREAU RESPONSIBLE FOR THE MAILINGS.

TO THE ATTORNEY GENERAL, SEPTEMBER 27, 1956:

REFERENCE IS MADE TO LETTER OF AUGUST 28, 1956, FILE A3, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, REQUESTING A DECISION AS TO WHETHER 33 COMP. GEN. 206, WHICH HOLDS THAT THE COST OF PENALTY MAIL MAY BE CHARGED TO ANY APPROPRIATION OR FUND AVAILABLE TO THE DEPARTMENT RATHER THAN TO THE APPROPRIATION OF A PARTICULAR ACTIVITY OR BUREAU RESPONSIBLE FOR THE MAILINGS, MAY BE EXTENDED TO CHARGES FOR REGISTRY FEES REQUIRED TO BE PAID UNDER PUBLIC LAW 705, APPROVED JULY 14, 1956, 70 STAT. 535, 39 U.S.C. 321 NOTE.

IT IS STATED IN THE LETTER THAT IT IS DESIRED TO TAKE APPROPRIATE STEPS TO RECORD THE CHARGES AGAINST THE RESPECTIVE ACTIVITIES OF THE DEPARTMENT IF EACH MUST BEAR ITS EXPENSE OF REGISTRATIONS. IT IS STATED FURTHER THAT THIS WILL BE A RELATIVELY BURDENSOME OPERATION CONSIDERING THE SMALL AMOUNTS OF MONEY INVOLVED IN THE REGISTRY FEES, SO THAT IF OUR FORMER DECISION MAY LIKEWISE BE APPLIED TO THE REGISTRY FEES IT WOULD ELIMINATE A GREAT DEAL OF UNNECESSARY RECORD KEEPING.

SECTION 1 OF THE ACT OF AUGUST 15, 1953, PUBLIC LAW 286, 67 STAT. 614, 39 U.S.C. 321Q, REQUIRED REIMBURSEMENT TO THE POST OFFICE DEPARTMENT FOR THE TRANSMISSION OF PENALTY MAIL MATTER, SUCH REIMBURSEMENT TO BE MADE OUT OF ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE DEPARTMENT, AGENCIES, AND ESTABLISHMENTS CONCERNED. HOWEVER, CERTAIN FREE MAILING SERVICES, INCLUDING FREE REGISTERED MAIL, WERE NOT VIEWED AS AFFECTED BY THE ACT'S REIMBURSEMENT REQUIREMENTS. THE PURPOSE OF PUBLIC LAW 705 WAS TO CORRECT THESE AND OTHER OMISSIONS IN THE EXISTING LAW. SECTION 1 OF PUBLIC LAW 705 AMENDED PUBLIC LAW 286 BY ADDING, AMONG OTHER NEW SECTIONS, SECTION 3, WHICH PROVIDES IN PART AS FOLLOWS:

SEC. 3. THERE SHALL BE PAID TO THE POST OFFICE DEPARTMENT, AS POSTAL REVENUE, OUT OF ANY APPROPRIATIONS OR FUNDS AVAILABLE TO EACH DEPARTMENT, AGENCY, ESTABLISHMENT, OR GOVERNMENT CORPORATION CONCERNED AND AS A NECESSARY EXPENSE OF SUCH APPROPRIATIONS AND FUNDS AND OF THE ACTIVITIES CONCERNED, THE EQUIVALENT AMOUNT OF POSTAGE OR REGISTRY FEES, AS DETERMINED PURSUANT TO REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL, FOR MATTER SENT IN THE MAILS, WITHOUT PREPAYMENT OF POSTAGE OR WITHOUT PREPAYMENT OF REGISTRY FEES, BY OR TO SUCH DEPARTMENT, AGENCY, ESTABLISHMENT, OR CORPORATION, FOR WHICH THE POST OFFICE DEPARTMENT DOES NOT OTHERWISE RECEIVE COMPENSATION, UNDER AUTHORITY OF THE FOLLOWING PROVISIONS OF LAW: * * *

THE ABOVE-QUOTED SECTION, AS IN SECTION 1 OF PUBLIC LAW 286 UPON WHICH OUR DECISION OF NOVEMBER 5, 1953, WAS RENDERED, CONTAINS THE LANGUAGE "OUT OF ANY APPROPRIATIONS OR FUNDS AVAILABLE" TO THE DEPARTMENTS, AGENCIES, AND ESTABLISHMENTS CONCERNED, AND THE ADDITIONAL LANGUAGE "AND AS A NECESSARY EXPENSE OF SUCH APPROPRIATIONS AND FUNDS AND OF THE ACTIVITIES CONCERNED.' ( ITALICS SUPPLIED.) THE ADDITIONAL LANGUAGE RELATES TO THE APPROPRIATIONS OR FUNDS WHICH, UNDER THE ACT, ARE CHARGEABLE WITH THE POSTAGE AND REGISTRY FEES, THAT IS,"ANY APPROPRIATIONS OR FUNDS AVAILABLE TO EACH DEPARTMENT, AGENCY, ESTABLISHMENT, OR GOVERNMENT CORPORATION CONCERNED.' THUS, THE ADDITIONAL LANGUAGE IS NOT VIEWED HERE AS REQUIRING THE RELATING OF REGISTRY FEES TO THE PARTICULAR APPROPRIATION OR BUREAU IN CONNECTION WITH THE ACTIVITIES OF WHICH THE REGISTERED MAIL SERVICE IS USED. ACCORDINGLY, YOU ARE ADVISED THAT OUR DECISION OF NOVEMBER 5, 1953, PERTAINING TO PENALTY MAIL, MAY LIKEWISE BE APPLIED TO REGISTRY FEES.