B-131359, MAY 24, 1957, 36 COMP. GEN. 783

B-131359: May 24, 1957

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THE ACTING PUBLIC PRINTER REQUESTED OUR DECISION WHETHER PAYMENT FOR WORK IS REQUIRED AT THE TIME AN ORDER IS PLACED WHEN PRINTING AND BINDING WORK IS PERFORMED FOR MEMBERS OF CONGRESS IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 161. 44 U.S.C. 161 PROVIDES THAT THE PUBLIC PRINTER IS AUTHORIZED TO PERFORM WORK UPON PAYMENT OF THE ACTUAL COST OF SUCH BINDING. DOES NOT SPECIFY WHEN PAYMENT IS REQUIRED TO BE MADE. THAT 44 U.S.C. 185 STIPULATES THAT IT IS LAWFUL FOR THE PUBLIC PRINTER TO DO CERTAIN TYPES OF WORK. DOES NOT SPECIFY WHEN PAYMENT IS TO BE MADE. WHICH PROVIDES A PROCEDURE FOR THE PUBLIC PRINTER TO FOLLOW WHEN PAYMENT IS NOT RECEIVED FROM A MEMBER OF CONGRESS OR DELEGATE. IT IS STATED THAT SUCH SECTION WOULD IMPLY THAT PREPAYMENT IS NOT REQUIRED.

B-131359, MAY 24, 1957, 36 COMP. GEN. 783

PRINTING AND BINDING - AT THE REQUEST OF MEMBERS OF CONGRESS - PREPAYMENT OF COSTS ALTHOUGH THE REPRINTING OF CONGRESSIONAL COMMITTEE DOCUMENTS AND REPORTS AND THE BINDING WORK SPECIFIED IN 44 U.S.C. 161 AND 162 MAY NOT BE PERFORMED BY THE PUBLIC PRINTER FOR MEMBERS OF CONGRESS WITHOUT PREPAYMENT OF THE COST, THE PRINTING OF EXTRACTS FROM THE CONGRESSIONAL RECORD AND THE PRINTING OF MAILING ENVELOPES AUTHORIZED IN 44 U.S.C. 185 MAY BE PERFORMED WITHOUT REGARD TO THE PREPAYMENT REQUIREMENT.

TO THE PUBLIC PRINTER, MAY 24, 1957:

ON APRIL 2, 1957, THE ACTING PUBLIC PRINTER REQUESTED OUR DECISION WHETHER PAYMENT FOR WORK IS REQUIRED AT THE TIME AN ORDER IS PLACED WHEN PRINTING AND BINDING WORK IS PERFORMED FOR MEMBERS OF CONGRESS IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 161, 162, AND 185 OF TITLE 44, UNITED STATES CODE.

THE LETTER STATES THAT WHEREAS 44 U.S.C. 162 PROVIDES THAT WORK BE PERFORMED ON PREPAYMENT OF THE COST THEREOF, 44 U.S.C. 161 PROVIDES THAT THE PUBLIC PRINTER IS AUTHORIZED TO PERFORM WORK UPON PAYMENT OF THE ACTUAL COST OF SUCH BINDING, AND DOES NOT SPECIFY WHEN PAYMENT IS REQUIRED TO BE MADE; FURTHER, THAT 44 U.S.C. 185 STIPULATES THAT IT IS LAWFUL FOR THE PUBLIC PRINTER TO DO CERTAIN TYPES OF WORK, THE PERSON ORDERING THE SAME PAYING THE COST THEREOF, BUT DOES NOT SPECIFY WHEN PAYMENT IS TO BE MADE. THE LETTER THEN REFERS TO A PROVISION APPEARING IN SECTION 1 OF THE ACT APPROVED MARCH 4, 1911, 36 STAT. 1363, 1446, 44 U.S.C. 163, WHICH PROVIDES A PROCEDURE FOR THE PUBLIC PRINTER TO FOLLOW WHEN PAYMENT IS NOT RECEIVED FROM A MEMBER OF CONGRESS OR DELEGATE, AND IT IS STATED THAT SUCH SECTION WOULD IMPLY THAT PREPAYMENT IS NOT REQUIRED. INASMUCH AS THE DOUBT IN THE MATTER ARISES IN SUBSTANTIAL PART FROM THE PROVISION OF THE ACT OF MARCH 4, 1911, QUOTED BELOW, SUCH PROVISION WILL BE CONSIDERED FIRST:

IN CASE ANY SENATOR, REPRESENTATIVE, OR DELEGATE SHALL FAIL TO PAY THE COST OF PRINTING EXTRACTS FROM THE CONGRESSIONAL RECORD OR OTHER DOCUMENTS ORDERED BY HIM TO BE PRINTED IN ACCORDANCE WITH SECTION THIRTY-SEVEN OF THE ACT APPROVED JANUARY TWELFTH, EIGHTEEN HUNDRED AND NINETY-FIVE ( TWENTY-EIGHTH STATUTES AT LARGE, PAGE SIX HUNDRED AND SIX), THE PUBLIC PRINTER SHALL CERTIFY THE AMOUNT DUE TO THE SERGEANT AT ARMS OF THE HOUSE OR THE FINANCIAL CLERK OF THE SENATE, AS THE CASE MAY BE, AND THE SERGEANT AT ARMS OR FINANCIAL CLERK SHALL DEDUCT FROM ANY SALARY DUE THE SAID DELINQUENT THE SAID AMOUNT, OR AS MUCH THEREOF AS THE SALARY DUE MAY COVER, AND PAY THE AMOUNT SO OBTAINED TO THE PUBLIC PRINTER, TO BE APPLIED BY HIM TO THE SATISFACTION OF THE INDEBTEDNESS.

THE LEGISLATIVE HISTORY OF THE PROVISION DISPELS ANY DOUBT REGARDING ITS PURPOSE. THE PROVISION AS ENACTED WAS INTRODUCED ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES AS AN AMENDMENT TO H.R. 32909, THE SUNDRY CIVIL APPROPRIATION BILL FOR THE FISCAL YEAR ENDING JUNE 30, 1912, BY MR. COOPER OF PENNSYLVANIA. THE FOLLOWING PERTINENT STATEMENTS WERE MADE IN THE DEBATE ON THE AMENDMENT (46 CONG. REC. 3445):

MR. COOPER OF PENNSYLVANIA. I WOULD SAY TO THE GENTLEMEN THAT THERE IS A SIMILAR PROVISION APPLYING TO THE STATIONERY ROOM, DIRECTING THE SERGEANT AT ARMS TO RETAIN OUT OF THE PAY OF MEMBERS AND DELEGATES AND BALANCE THAT MAY BE DUE TO THE STATIONERY CLERK. THIS IS EXTENDING THE LAW SO AS TO GIVE THE PUBLIC PRINTER THE BENEFIT OF THE SAME PROVISION IN CASE MEMBERS SHOULD ORDER THE PRINTING OF SPEECHES AND OTHER PRINTING DONE AND NEGLECT TO PAY FOR IT. IT IS PUTTING THE PUBLIC PRINTER ON THE SAME BASIS WITH THE STATIONERY CLERK, UNDER THE RULE.

MR. CRUMPACKER. A QUESTION OR TWO, MR. CHAIRMAN. I ASSUME THAT THE PUBLIC PRINTER REQUIRED PAYMENT IN ADVANCE OF ALL ORDERS FOR SPEECHES PRINTED OR EXTRACTS FROM THE CONGRESSIONAL RECORD. NOW, I UNDERSTAND THAT IN SOME INSTANCES HE HAS GRANTED A LITTLE LENIENCY IN TIME OF PAYMENT, BUT IF THIS AMENDMENT SHALL BE MADE, WILL IT NOT OPEN UP A GENERAL CREDIT SYSTEM TO MEMBERS OF THE HOUSE?

MR. COOPER OF PENNSYLVANIA. I DO NOT THINK SO.

MR. CRUMPACKER. WILL IT NOT BE REGARDED AS THE OPENING UP OF ACCOUNTS TO MEMBERS TO BE CERTIFIED OVER TO THE SERGEANT OF ARMS FOR PAYMENT?

MR. OCOPER OF PENNSYLVANIA. IT ONLY APPLIES TO DELINQUENTS. THE GENTLEMAN WILL FIND THE WORD ,DELINQUENTS" IS IN THE AMENDMENT.

MR. CRUMPACKER. I THINK THE AMENDMENT IS ALL RIGHT IF THE PUBLIC PRINTER WILL CONTINUE TO INSIST UPON PAYMENT IN ADVANCE, BUT OF COURSE OCCASIONALLY A MEMBER MAY NOT HAVE HIS CHECK BOOK IN HIS POCKET, WHO WOULD BE GRANTED TIME TO MAKE PAYMENT LATER, AND WHO MIGHT GO AWAY AND FORGET IT, AND THERE OUGHT TO BE A WAY OF REACHING SUCH A CASE.

MR. COOPER OF PENNSYLVANIA. I REGRET TO SAY TO THE GENTLEMAN THERE IS NECESSITY AND OCCASION FOR THIS AMENDMENT.

IT IS CLEAR FROM THE FOREGOING THAT THE PROVISION OF LAW, CODIFIED AS 44 U.S.C. 163, WAS NOT INTENDED TO ENLARGE THE BASIC AUTHORITY FOR THE PRINTING AND DELIVERING OF EXTRACTS FROM THE CONGRESSIONAL RECORD, AND THE PRINTING OF DOCUMENTS AND REPORTS, NOR DOES IT CONCERN IN ANY MANNER BINDING PERFORMED FOR MEMBERS OF CONGRESS. FURTHERMORE, IT IS INDICATED THAT PAYMENT IN ADVANCE SHOULD BE INSISTED UPON BY THE PUBLIC PRINTER. INFERENCE MAY THEREFORE BE DRAWN AS SUGGESTED BY THE ACTING PUBLIC PRINTER.

THE FIRST PROVISION PRESENTED FOR OUR INTERPRETATION IS THAT CONTAINED IN THE ACT OF DECEMBER 10, 1877, 20 STAT. 5, 44 U.S.C. 161, WHICH PROVIDES:

THAT THE PUBLIC PRINTER SHALL BE AUTHORIZED TO BIND AT THE GOVERNMENT PRINTING OFFICE ANY BOOKS, MAPS, CHARTS, OR DOCUMENTS PUBLISHED BY AUTHORITY OF CONGRESS, UPON APPLICATION OF ANY MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES, UPON PAYMENT OF THE ACTUAL COST OF SUCH BINDING. ( ITALICS SUPPLIED.)

THE WORD "UPON" MAY MEAN BEFORE, AFTER, OR SIMULTANEOUSLY WITH, ACCORDING TO THE CONTEXT AND THE PURPOSE OF THE PROVISION IN WHICH IT IS USED. VOL. 43, WORDS AND PHRASES, PERM. USED.' UPON.'' AS USED IN THE ABOVE STATUTE, THERE WOULD SEEM TO BE LITTLE DOUBT BUT THAT THE WORD "UPON" IN BOTH INSTANCES CONTEMPLATED ACTION AND WAS USED IN THE LOGICAL SENSE OF AFTER, OR FOLLOWING, AND THE PLACING OF AN APPLICATION FOR BINDING, AND PAYMENT THEREFOR, CONSTITUTE CONDITIONS PRECEDENT TO THE GRANT OF AUTHORITY. CF. MURRAY V. DAVIS, 128 N.W. 305, 306; KIRK V. UNITED STATES, 185 F.2D 185.

THE OTHER SECTIONS OF TITLE 44, U.S.C. PRESENTED FOR OUR INTERPRETATION ARE 162 AND 185. THOSE SECTIONS ARE CODIFICATIONS OF SECTION 37 OF THE ACT APPROVED JANUARY 12, 1895, 28 STAT. 606, WHICH PROVIDES IN PART AS FOLLOWS:

SEC. 37. IT SHALL BE LAWFUL FOR THE PUBLIC PRINTER TO PRINT AND DELIVER, UPON THE ORDER OF ANY SENATOR, REPRESENTATIVE, OR DELEGATE, EXTRACTS FROM THE CONGRESSIONAL RECORD, THE PERSON ORDERING THE SAME PAYING THE COST THEREOF; AND DOCUMENTS AND REPORTS OF COMMITTEES, WITH THE EVIDENCE AND PAPERS SUBMITTED THEREWITH, OR ANY PART THEREOF ORDERED PRINTED BY CONGRESS, MAY BE REPRINTED BY THE PUBLIC PRINTER ON ORDER OF ANY MEMBER OF CONGRESS OR DELEGATE, ON PREPAYMENT OF COST THEREOF. * * *

THE PREPAYMENT REQUIREMENT OF THE ABOVE SECTION OF LAW IS APPLICABLE ONLY TO THAT PART OF THE SECTION PERTAINING TO DOCUMENTS AND REPORTS OF COMMITTEES WHICH IS CODIFIED AS 44 U.S.C. 162. THE FIRST PART OF THE SECTION, CODIFIED AS 44 U.S.C. 185, SUPERSEDED LIKE LANGUAGE IN THE ACT OF MARCH 3, 1875, 18 STAT. 347, AND DOES NOT BY ITS TERMS REQUIRE PREPAYMENT. IT REASONABLY MAY BE PRESUMED, AND IS SO INDICATED IN THE ABOVE-QUOTED STATEMENTS FROM THE CONGRESSIONAL RECORD, THAT IT WAS THE PRACTICE OF THE PUBLIC PRINTER TO EXTEND CREDIT FOR THE PRINTING OF SPEECHES AND EXTRACTS FROM THE CONGRESSIONAL RECORD WHICH NECESSITATED THE AUTHORITY GRANTED BY THE ACT OF MARCH 4, 1911, TO WITHHOLD SALARY FOR SATISFACTION OF DELINQUENT ACCOUNTS. THAT ACT DOES NOT HOWEVER, AFFECT THE BASIC AUTHORITY FOR SUCH PRINTING.

IN SUMMARY, OUR OPINION IS THAT PREPAYMENT IS REQUIRED FOR WORK PERFORMED UNDER THE PROVISIONS OF TITLE 44, U.S.C. SECTIONS 161 AND 162, BUT NOT FOR WORK PERFORMED UNDER SECTION 185.