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B-114874 1 (1975-09-16)

handle is hein.gao/gaobadcpb0001 and id is 1 raw text is: THE COMPT . .OLLER- GENRR AL IS EL * OF THE UNITED STATE S WASHINGTON, D.C. 20548 FILE: B-114874 DATE: SLt 1 5 1975 7 MATTER OF: Library of Congress liability for increased 1973 postage charges DIGEST: Tail.ure of Congress to aprmove deficiency apprcpriation request by Library of Congress to fully satisfy anount due Postal Service for aditional fiscal yea- 1973 postage charges does not extinguish such liability as matter of law. Thus Library should resto::e and apply expired 1973 appropriation balances to Postal Service debt. However, to extent that debt cannot be fully paid therchy, it rust rcmai unsatisfied since no sou0ce other than 1973 appropriation balances is avail- able for this purpose. P y letter of March 19, 1975, the Actin3 Librarian of Congress rcquested our opinc.i 0n c-rtain que-tionis wich have aise dring the conn of the Libr' s n:otitions w.4th the United States Postal Service ccrig payment of 'incrensed postage charges assessed for fiscal year 1973. In a decision dated August 17, 1973, the General Counsel of the Postal Service advised the Library of Cong tha. it could not use specicl subsidized rates and phasing in of increoses provisions under the Postal Vcorganization Act, appronvcd Augus t 12, 1970, Pub. L. No. 91-375, 84 Stat. 719, which enacted the present title 39, United States Code (1970). Accordin-, to the General Counsel's decision> mailinos by the Library of the tpe here in- volved were treated as penalty mail under forner 39 U.S.C. i 4152 (1964) prior to enactnment of Pub. L. o. 91-375. W.hile such mailings were therefore subject to reimbursement to the prede- cessor Post Office Department at the equivalent amount of postage due, 39 U.S.C. § 4156(a) (1964), it appears that, in fact, the Library offered--and the Post Office Departent accepted--reLtaburse- ment in amounts equivalent to the special fourth class rate and library rate specified in former 39 U.S.C. H 4554(a) and (b) (1964 & Supp. V), respectively. However, in view of his conclusion that the Library was not technically entitled to special suosidized rates under former title 39, the General Counsel held that it - 1 -

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