B-147109, JUN. 19, 1969, 48 COMP. GEN. 784

B-147109, JUN. 19, 1969, 48 COMP. GEN. 784

PAYMENTS--ADVANCE--SUBSCRIPTIONS TO NEWSPAPERS, PERIODICALS, ETC.- LANTERN SLIDE PHOTOGRAPHS LANTERN SLIDE PHOTOGRAPHS OF X-RAY FILM, ELECTROCARDIOGRAMS, GROSS SPECIMENS, AND PHOTOMICROGRAPHS THAT ARE ILLUSTRATIVE OF THE MATERIALS PRESENTED IN A JOURNAL OF MEDICINE AND THAT ARE NECESSARY FOR THE EFFECTIVE USE OF THE JOURNAL MAY BE CLASSIFIED AS "PUBLICATIONS" AS THAT TERM IS USED IN 31 U.S.C. 530A, AND, THEREFORE, SUBSCRIPTIONS FOR THE SLIDES MAY BE PAID FOR IN ADVANCE. THE FACT THAT THE REPRODUCED PHOTOGRAPHIC MATERIAL WILL BE VIEWED OR READ FROM A SCREEN DOES NOT PRECLUDE THE SLIDES FROM BEING CONSIDERED PUBLICATIONS.

TO THE ACTING ADMINISTRATOR, VETERANS ADMINISTRATION, JUNE 19, 1969:

REFERENCE IS MADE TO LETTER OF MAY 19, 1969, FROM THE FORMER ADMINISTRATOR OF VETERANS AFFAIRS PRESENTING FOR OUR DECISION A QUESTION CONCERNING THE PROPRIETY OF PAYING IN ADVANCE FOR CERTAIN LANTERN SLIDES DESCRIBED THEREIN.

IT IS STATED THAT THE VETERANS ADMINISTRATION IS CONSIDERING THE PROCUREMENT OF 35 MILLIMETER LANTERN SLIDE PHOTOGRAPHS OF X-RAY FILM, ELECTROCARDIOGRAMS, GROSS SPECIMENS, AND PHOTOMICROGRAPHS, WHICH RELATE TO, AND ARE TO BE USED IN CONNECTION WITH CASE STUDIES THAT APPEAR IN THE NEW ENGLAND JOURNAL OF MEDICINE. IT IS EXPLAINED THAT THE SLIDES ARE ILLUSTRATIVE OF THE MATERIALS PRESENTED IN THE JOURNAL AND ARE NECESSARY FOR EFFECTIVE USE OF THE JOURNAL. THE SLIDES ARE PRODUCED BY AND ARE AVAILABLE ONLY FROM THE DEPARTMENT OF PATHOLOGY OF THE MASSACHUSETTS GENERAL HOSPITAL ON A PAID IN ADVANCE SUBSCRIPTION BASIS, WHILE THE NEW ENGLAND JOURNAL OF MEDICINE MUST BE PROCURED FROM THE PUBLISHER.

QUESTION IS ASKED, IN EFFECT, WHETHER THE SLIDES MAY BE CONSIDERED TO BE "PUBLICATIONS" AS THAT TERM IS USED IN 31 U.S.C. 530A AND SUBSCRIPTIONS THEREFOR PAID FOR IN ADVANCE AS AUTHORIZED BY SUCH PROVISION OF LAW.

SECTION 530A OF TITLE 31, U.S.C. PROVIDES IN PERTINENT PART AS FOLLOWS:

SUBSCRIPTIONS OR OTHER CHARGES FOR NEWSPAPERS, MAGAZINES, PERIODICALS, AND OTHER PUBLICATIONS FOR OFFICIAL USE OF ANY OFFICE UNDER THE GOVERNMENT * * * MAY BE PAID IN ADVANCE FROM APPROPRIATIONS AVAILABLE THEREFOR, NOTWITHSTANDING THE PROVISIONS OF SECTION 529 OF THIS TITLE.

AS STATED IN THE ADMINISTRATOR'S LETTER, WE HELD IN OUR DECISION OF SEPTEMBER 26, 1961, 41 COMP. GEN. 211, THAT ALTHOUGH MICROCARDS (SENSITIZED CARDS ON WHICH PRINTED MATTER IS REPRODUCED PHOTOGRAPHICALLY IN GREATLY REDUCED FORM) ARE DISTRIBUTED AS SEPARATES, AS DISTINGUISHED FROM A PAMPHLET OR PERIODICAL CONSISTING OF A NUMBER OF PAGES, SUCH FACTOR NEED NOT BE VIEWED AS PRECLUDING THEM FROM BEING "PUBLICATIONS." ALSO, WE STATED THAT THE PROCESS UNDER WHICH THE MICROCARDS WERE PRODUCED NEED NOT BE CONSIDERED AS ADVERSELY AFFECTING THEIR CLASSIFICATION AS PUBLICATIONS.

THE ITEMS SPECIFIED IN 31 U.S.C. 530A--- NEWSPAPERS, MAGAZINES, AND PERIODICALS--- ARE ITEMS WHICH MUST BE READ AS CONTRASTED TO PHONOGRAPH RECORDS AND TAPE RECORDINGS WHICH ARE MADE TO BE HEARD. WE HAVE HELD THAT THESE LATTER ITEMS DO NOT CONSTITUTE PUBLICATIONS. SEE 46 COMP. GEN. 394.

THE FACT THAT THE REPRODUCED PHOTOGRAPHIC MATERIAL WILL BE VIEWED OR READ FROM A SCREEN DOES NOT, IN OUR OPINION, PRECLUDE THE SLIDES FROM BEING CONSIDERED PUBLICATIONS, THERE BEING MUCH SIMILARITY BETWEEN THE FACTS INVOLVED IN THIS CASE AND THOSE IN THE MICROCARD CASE REFERRED TO ABOVE.

ACCORDINGLY, AND SINCE THE SLIDES WILL BE USED IN CONJUNCTION WITH PRINTED MATTER AND ARE SAID TO BE NECESSARY FOR EFFECTIVE USE THEREOF, WE BELIEVE THE SLIDES PROPERLY MAY BE CLASSED AS "PUBLICATIONS" AS THAT TERM IS USED IN 31 U.S.C. 530A.