B-152126, AUG. 8, 1963

B-152126: Aug 8, 1963

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IS THE GOVERNMENT PRINTING OFFICE INCLUDED. IF THE GOVERNMENT PRINTING OFFICE IS NOT INCLUDED. IS IT SUBJECT TO ANY REGULATIONS OR ORDERS ISSUED UNDER AUTHORITY OF PUBLIC LAW 87-304. B-104553 RELATING TO VOLUNTARY PAYROLL DEDUCTIONS FOR STATE INCOME TAXES WHERE THERE IS NO REQUIREMENT FOR NON- RESIDENT WITHHOLDING? OF WHICH THE GOVERNMENT PRINTING OFFICE IS A PART. SINCE THE GOVERNMENT PRINTING OFFICE IS NOT SPECIFICALLY MENTIONED. IT IS NOT ONE OF THE DEPARTMENTS COVERED BY THE ACT. SINCE REGULATIONS OR ORDERS ISSUED PURSUANT TO THE AUTHORITY GRANTED BY THE ACT CANNOT HAVE A GREATER SCOPE THAN THAT AUTHORIZED BY THE ACT. IT FOLLOWS THAT THE GOVERNMENT PRINTING OFFICE IS NOT SUBJECT TO ANY SUCH REGULATIONS OR ORDERS.

B-152126, AUG. 8, 1963

TO THE PUBLIC PRINTER:

ON JULY 25, 1963, YOU REQUESTED OUR DECISION REGARDING THE APPLICABILITY OF THE ACT OF SEPTEMBER 26, 1961, PUB.L. 87-304, 75 STAT. 662, 5 U.S.C. 3071-3078, TO THE OPERATIONS OF THE GOVERNMENT PRINTING OFFICE.

SECTION 1 OF THE ACT, 75 STAT. 662, 5 U.S.C. 3071, PROVIDES:

"3071. DEFINITIONS

"FOR THE PURPOSES OF THIS CHAPTER, THE TERM---

"/1) "DEPARTMENT" MEANS---

"/A) EACH EXECUTIVE DEPARTMENT OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA;

"/B) EACH AGENCY OR INDEPENDENT ESTABLISHMENT IN THE EXECUTIVE BRANCH OF SUCH GOVERNMENT;

"/C) EACH CORPORATION WHOLLY OWNED OR CONTROLLED BY SUCH GOVERNMENT;

"/D) THE JUDICIAL BRANCH OF SUCH GOVERNMENT;

"/E) THE GENERAL ACCOUNTING OFFICE;

"/F) THE LIBRARY OF CONGRESS; AND

"/G) THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA. * * *"

YOU ASK THE FOLLOWING QUESTIONS:

"1. IS THE GOVERNMENT PRINTING OFFICE INCLUDED, THOUGH NOT SPECIFICALLY MENTIONED?

"2. IF THE GOVERNMENT PRINTING OFFICE IS NOT INCLUDED, IS IT SUBJECT TO ANY REGULATIONS OR ORDERS ISSUED UNDER AUTHORITY OF PUBLIC LAW 87-304, SUCH AS THOSE PROPOSED IN B-40342 AND B-132133 RELATING TO PAYROLL DEDUCTIONS FOR UNION DUES, AND B-104553 RELATING TO VOLUNTARY PAYROLL DEDUCTIONS FOR STATE INCOME TAXES WHERE THERE IS NO REQUIREMENT FOR NON- RESIDENT WITHHOLDING?

SECTION 1 OF THE ACT DOES NOT GENERALLY INCLUDE THE LEGISLATIVE BRANCH, OF WHICH THE GOVERNMENT PRINTING OFFICE IS A PART, IN DEFINING THE "DEPARTMENTS" COVERED BY THE ACT. THEREFORE, SINCE THE GOVERNMENT PRINTING OFFICE IS NOT SPECIFICALLY MENTIONED, IT IS NOT ONE OF THE DEPARTMENTS COVERED BY THE ACT.

SECONDLY, SINCE REGULATIONS OR ORDERS ISSUED PURSUANT TO THE AUTHORITY GRANTED BY THE ACT CANNOT HAVE A GREATER SCOPE THAN THAT AUTHORIZED BY THE ACT, IT FOLLOWS THAT THE GOVERNMENT PRINTING OFFICE IS NOT SUBJECT TO ANY SUCH REGULATIONS OR ORDERS.