B-43448, JULY 27, 1944, 24 COMP. GEN. 59

B-43448, JULY 27, 1944, 24 COMP. GEN. 59

MAIL-HANDLING COSTS OF PUBLICATIONS WRAPPED, DISPATCHED, ETC., BY GOVERNMENT PRINTING OFFICE FOR OTHER AGENCIES WHILE SECTION 92 OF THE ACT OF JANUARY 12, 1895, AS AMENDED, REQUIRES THE GOVERNMENT PRINTING OFFICE TO PERFORM THE WORK OF ADDRESSING, WRAPPING, AND MAILING OR DISPATCHING FOR PUBLIC DISTRIBUTION PUBLICATIONS ISSUED BY THE EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS AT WASHINGTON, D.C., THE COSTS OF HANDLING THE PUBLICATIONS AFTER BEING PLACED IN THE MAILS, ON THE BASES PRESCRIBED BY THE PROVISIONS OF THE ACT OF JUNE 28, 1944, RELATING TO THE CONTROL OF THE PENALTY-MAILING PRIVILEGE OF GOVERNMENT AGENCIES, MUST BE BORNE BY THE EXECUTIVE DEPARTMENT OR ESTABLISHMENT CONCERNED, AND NOT BY THE GOVERNMENT PRINTING OFFICE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, JULY 27, 1944:

I HAVE YOUR LETTER OF JULY 24, 1944, AS FOLLOWS:

UNDER DATE OF JULY 18, 1944, THE PUBLIC PRINTER ADVISED THIS DEPARTMENT WITH RESPECT TO PUBLIC LAW 364, 78TH CONGRESS, AS FOLLOWS:

"REFERENCE IS MADE TO PUBLIC LAW NO. 364, 78TH CONGRESS, 2D SESSION, EFFECTIVE JULY 1, 1944, WHICH MAKES SUBSTANTIAL CHANGES IN POSTAL REGULATIONS RELATING TO PENALTY MAIL PRIVILEGES. AMONG OTHER THINGS THE LAW REQUIRES EACH DEPARTMENT AND AGENCY OF THE GOVERNMENT TO PREPAY POSTAGE ON PACKAGES WEIGHING IN EXCESS OF FOUR POUNDS. SECTION 3 OF PUBLIC LAW 364, PROVIDES IN PART AS FOLLOWS:

" "ON AND AFTER AUGUST 1, 1944, NO ARTICLE OR PACKAGE OF OFFICIAL MATTER, OR NUMBER OF ARTICLES OR PACKAGES OF OFFICIAL MATTER CONSTITUTING IN FACT A SINGLE SHIPMENT EXCEEDING FOUR POUNDS IN WEIGHT SHALL BE ADMITTED TO THE MAILS UNDER THE PENALTY PRIVILEGE.'

"OF COURSE IT IS EVIDENT, IN VIEW OF THIS PROVISION OF THE LAW, THAT IF THE GOVERNMENT PRINTING OFFICE IS NOW PERFORMING THE MAILING SERVICES FOR YOUR DEPARTMENT OR AGENCY AND TO PROVIDE FOR THE CONTINUANCE OF THIS SERVICE WITHOUT INTERRUPTION, IT WILL BE NECESSARY TO OBTAIN FOR YOUR DEPARTMENT OR AGENCY, A PERMIT NUMBER FROM THE POST OFFICE DEPARTMENT AND FURNISH THIS PERMIT NUMBER TO THE GOVERNMENT PRINTING OFFICE WITH YOUR AUTHORITY TO USE THIS PERMIT ON OR BEFORE AUGUST 1, 1944.

"IN FURTHER COMPLIANCE WITH THE PROVISIONS OF PUBLIC LAW NO. 364, THE GOVERNMENT PRINTING OFFICE, BEGINNING JULY 1, 1944, WILL MAINTAIN A RECORD, BY CLASSES, OF MAIL MATTER MAILED UNDER THE GOVERNMENT PRINTING OFFICE PENALTY PRIVILEGE FOR YOUR DEPARTMENT OR AGENCY, UNLESS YOUR PENALTY LABELS ARE FURNISHED IN ADVANCE. A REPORT OF THIS MAIL MATTER, AS MAINTAINED BY THE GOVERNMENT PRINTING OFFICE, WILL BE MADE TO THE POST OFFICE DEPARTMENT EACH QUARTER AND A COPY OF THIS REPORT WILL BE FURNISHED YOUR OFFICE.

"YOUR PROMPT ATTENTION TO THIS MATTER WILL BE APPRECIATED.'

UNDER PUBLIC LAW 364, 78TH CONGRESS, APPROVED JUNE 28, 1944, THE ESTIMATED COST OF HANDLING THE PENALTY MAIL OF EACH EXECUTIVE DEPARTMENT, AGENCY, OR INDEPENDENT ESTABLISHMENT IS TO BE DETERMINED BY THE POSTMASTER GENERAL, AND EACH SUCH DEPARTMENT, AGENCY OR INDEPENDENT ESTABLISHMENT IS REQUIRED TO DEPOSIT IN THE GENERAL FUND OF THE TREASURY AS MISCELLANEOUS RECEIPTS FROM ITS APPROPRIATION AN AMOUNT EQUIVALENT TO SUCH COST.

THIS ACT FURTHER PROVIDES THAT CERTAIN OFFICIAL MATTER EXCEEDING 4 LBS. IN WEIGHT MAY BE ACCEPTED FOR MAILING UPON THE PAYMENT OF POSTAGE.

SECTION 92 OF THE ACT OF JUNE 12, 1895, 28 STAT. 623, 44 U.S.C. 95 PROVIDES THAT IT SHALL BE THE DUTY OF THE PUBLIC PRINTER TO PERFORM THE WORK OF ADDRESSING, WRAPPING, MAILING OR OTHERWISE DISPATCHING ANY PUBLICATION ISSUED BY ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT IN THE DISTRICT OF COLUMBIA FOR PUBLIC DISTRIBUTION (EXCEPT CERTAIN MATTERS EXPRESSLY EXCEPTED FROM THE STATUTE), AND THAT NO MONEY APPROPRIATED BY ANY ACT SHALL BE USED FOR SUCH SERVICES.

YOUR OPINION IS RESPECTFULLY REQUESTED AS TO WHETHER THE APPROPRIATED FUNDS OF THIS DEPARTMENT ARE TO BE USED FOR THE PAYMENT OF POSTAGE, OR CHARGEABLE WITH THE ESTIMATED COST OF HANDLING THE PENALTY MAIL ON PUBLICATIONS ISSUED BY THIS DEPARTMENT THE MAILING AND DISTRIBUTION OF WHICH IS REQUIRED BY THE ACT OF 1895 TO BE HANDLED BY THE PUBLIC PRINTER.

DUE TO THE URGENCY OF THIS MATTER, AN EARLY DECISION IS REQUESTED.

SECTION 92 OF THE ACT OF JANUARY 12, 1895, 28 STAT. 623, AS AMENDED BY SECTION 8 OF THE ACT OF AUGUST 23, 1912, 37 STAT. 414, AND PUBLISHED AS TITLE 44, SECTION 95, U.S. CODE, PROVIDES:

NO MONEY APPROPRIATED BY ANY ACT SHALL BE USED FOR SERVICES IN ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT AT WASHINGTON, DISTRICT OF COLUMBIA, IN THE WORK OF ADDRESSING, WRAPPING, MAILING, OR OTHERWISE DISPATCHING ANY PUBLICATION FOR PUBLIC DISTRIBUTION, EXCEPT MAPS, WEATHER REPORTS, AND WEATHER CARDS ISSUED BY AN EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT AT WASHINGTON, DISTRICT OF COLUMBIA, OR FOR THE PURCHASE OF MATERIAL OR SUPPLIES TO BE USED IN SUCH WORK AT THE GOVERNMENT PRINTING OFFICE. EACH HEAD OF SUCH EXECUTIVE DEPARTMENT AND OTHER GOVERNMENT ESTABLISHMENT AT WASHINGTON, DISTRICT OF COLUMBIA, SHALL FURNISH FROM TIME TO TIME TO THE PUBLIC PRINTER MAILING LISTS, IN CONVENIENT FORM, AND CHANGES THEREIN, OR FRANKED SLIPS, FOR USE IN THE PUBLIC DISTRIBUTION OF PUBLICATIONS ISSUED BY SUCH DEPARTMENT OR ESTABLISHMENT; AND THE PUBLIC PRINTER SHALL FURNISH COPIES OF ANY PUBLICATION ONLY IN THE PUBLIC DISTRIBUTION OF PUBLICATIONS ISSUED BY SUCH DEPARTMENT OR ESTABLISHMENT; AND THE PUBLIC PRINTER SHALL FURNISH COPIES OF ANY PUBLICATION ONLY IN ACCORDANCE WITH THE PROVISIONS OF LAW OR THE INSTRUCTION OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT ISSUING THE PUBLICATION. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS APPLYING TO ORDERS, INSTRUCTIONS, DIRECTIONS, NOTICES, OR CIRCULARS OF INFORMATION PRINTED FOR AND ISSUED BY ANY OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS OR TO THE DISTRIBUTION OF PUBLIC DOCUMENTS OR OTHER GOVERNMENT ESTABLISHMENTS BY SENATORS OR MEMBERS OF THE HOUSE OF REPRESENTATIVES OR TO THE FOLDING ROOMS AND DOCUMENT ROOMS OF THE SENATE OR HOUSE OF REPRESENTATIVES.

SECTION 1 OF THE ACT OF JUNE 28, 1944, 58 STAT. 394, PUBLIC LAW 364, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT ALL ENVELOPES, LABELS, WRAPPERS, CARDS, AND OTHER ARTICLES, BEARING THE INDICIA PRESCRIBED BY LAW FOR MATTER MAILED FREE OF POSTAGE UNDER THE PENALTY PRIVILEGE BY ALL EXECUTIVE DEPARTMENTS AND AGENCIES, ALL INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT, AND ALL OTHER ORGANIZATIONS AND PERSONS AUTHORIZED BY LAW TO USE THE PENALTY PRIVILEGE, SHALL BE PROCURED OR ACCOUNTED FOR THROUGH THE POSTMASTER GENERAL UNDER SUCH REGULATIONS AS HE SHALL PRESCRIBE. * * *

THE SERVICES REQUIRED TO BE PERFORMED BY THE GOVERNMENT PRINTING OFFICE BY SECTION 95, TITLE 44, U.S. CODE, ALL RELATE TO THE PREPARATION OF THE MATERIAL FOR MAILING. SAID STATUTE DOES NOT RELIEVE THE EXECUTIVE DEPARTMENTS FROM PAYING FOR THE COST OF PRINTING THE MATERIAL ORIGINATING IN THEIR RESPECTIVE DEPARTMENTS; NEITHER DOES IT VEST IN THE GOVERNMENT PRINTING OFFICE ANY CONTROL OVER THE DISTRIBUTION OF THE MATERIAL IT IS REQUIRED TO PREPARE FOR MAILING.

THE EXPRESS PURPOSE OF THE ACT OF JUNE 28, 1944, IS TO ESTABLISH A METHOD TO CONTROL THE PENALTY-MAILING PRIVILEGE OF THE EXECUTIVE DEPARTMENTS, AGENCIES, AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT, AND TO MAKE EACH EXECUTIVE DEPARTMENT, AGENCY, OR INDEPENDENT ESTABLISHMENT SECURE AN APPROPRIATION IN AN AMOUNT ADEQUATE TO COVER THE COST OF HANDLING BY THE POST OFFICE DEPARTMENT OF ALL MAIL SENT OUT UNDER THEIR PENALTY PRIVILEGE. SEE HOUSE REPORT 1011 AND SENATE REPORT 984 ON H.R. 4033, WHICH BECAME THE ACT OF JUNE 28, 1944, PUBLIC LAW 364.

THE TERMS OF SECTION 1 OF THE ACT OF JUNE 28, 1944, THAT ALL FRANKED ENVELOPES, WRAPPERS, ETC., BE PROCURED BY THE VARIOUS EXECUTIVE DEPARTMENTS, AGENCIES, AND INDEPENDENT ESTABLISHMENTS FROM THE POSTMASTER GENERAL, COUPLED WITH THE PROVISION IN SECTION 95, TITLE 44, U.S. CODE, THAT THE RESPECTIVE DEPARTMENTS UTILIZING THE SERVICES OF THE GOVERNMENT PRINTING OFFICE IN ADDRESSING, LABELING, AND MAILING PUBLICATIONS MUST FURNISH THE GOVERNMENT PRINTING OFFICE WITH MAILING LISTS ,OR FRANKED SLIPS," APPEAR TO REQUIRE THAT ANY COSTS OF HANDLING THE PUBLICATIONS AFTER BEING PLACED IN THE MAIL, AND BASED ON THE POST OFFICE DEPARTMENT ESTIMATE OF FRANKED PAPER FURNISHED THAT DEPARTMENT BY THE POST OFFICE DEPARTMENT, MUST BE BORNE BY THE APPROPRIATIONS OF THE EXECUTIVE DEPARTMENT, OR ESTABLISHMENT TO WHICH THE FRANKED PAPER IS FURNISHED BY THE POST OFFICE DEPARTMENT AND NOT BY THE GOVERNMENT PRINTING OFFICE.

ACCORDINGLY, THE QUESTION POSED IN THE PENULTIMATE PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.