B-147109, NOVEMBER 8, 1966, 46 COMP. GEN. 394

B-147109, NOVEMBER 8, 1966, 46 COMP. GEN. 394

PAYMENTS - ADVANCE - SUBSCRIPTIONS TO NEWSPAPERS, PERIODICALS, ETC. - TAPE RECORDINGS THE AUTHORITY IN THE ACT OF JULY 20, 1961 (31 U.S.C. 530A) TO PAY IN ADVANCE FOR SUBSCRIPTIONS TO NEWSPAPERS, MAGAZINES, PERIODICALS AND "OTHER PUBLICATIONS" MAY NOT BE EXTENDED TO INCLUDE TAPE RECORDINGS, ABSENT SUCH AN INDICATION IN THE LEGISLATIVE HISTORY OF THE 1961 ACT. THEREFORE, THE VETERANS ADMINISTRATION MAY NOT MAKE PAYMENT IN ADVANCE FOR 1-YEAR SUBSCRIPTIONS TO MAGNETIC TAPE RECORDINGS CONTAINING DIGESTS OF MATERIAL FROM MEDICAL JOURNALS, MEETINGS, SEMINARS, ETC; NOTWITHSTANDING THE RESULTANT SAVINGS.

TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, NOVEMBER 8, 1966:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25, 1966, ASKING WHETHER CERTAIN TAPE RECORDINGS MAY BE CONSIDERED TO BE "PUBLICATIONS" WITHIN THE MEANING OF THAT TERM AS IT IS USED IN 31 U.S.C. 530A SO THAT SUBSCRIPTIONS THEREFOR MAY BE PAID IN ADVANCE.

IT IS STATED THAT THE VETERANS ADMINISTRATION IS IN THE PROCESS OF PROCURING 1 HOUR MAGNETIC TAPE RECORDINGS CONTAINING DIGESTS OF MATERIAL FROM MEDICAL JOURNALS, MEETINGS, SEMINARS, ETC; AVAILABLE ON A SUBSCRIPTION BASIS AND THAT A SAVINGS OF 10 PERCENT OVER THE MONTHLY RATE COULD BE EFFECTED IF PAYMENT FOR 1-YEAR SUBSCRIPTIONS COULD BE MADE IN ADVANCE.

ADVANCE PAYMENTS GENERALLY ARE PROHIBITED BY THE PROVISIONS OF SECTION 3648, REVISED STATUTES, 31 U.S.C. 529. HOWEVER, EXCEPTIONS TO SUCH PROHIBITION ARE CONTAINED IN THE ACT OF JUNE 12, 1930, 46 STAT. 580, AS AMENDED BY PUBLIC LAW 87-91, APPROVED JULY 20, 1961, 75 STAT. 211, SET FORTH IN 31 U.S.C. 530A, AS FOLLOWS:

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

A QUESTION NEARLY IDENTICAL WITH THAT NOW PRESENTED BY YOU WAS CONSIDERED IN AN UNPUBLISHED DECISION OF OUR OFFICE, B-137516, DATED OCTOBER 28, 1958, AND IT WAS HELD THEREIN THAT TAPE RECORDINGS WERE NOT PUBLICATIONS WITHIN THE MEANING OF THE ACT OF JUNE 12, 1930. A COPY OF THAT DECISION IS ENCLOSED.

IN REACHING THE CONCLUSION THAT TAPE RECORDINGS WERE NOT PUBLICATIONS WE REFERRED TO AN EARLIER DECISION, B-125979, DATED JUNE 14, 1957, WHERE, IN CONSIDERING THE TERM "PUBLICATION" WE STATED THAT- -

* * * THERE IS NOTHING IN THE LEGISLATIVE HISTORY OF THAT PROVISION TO SUGGEST THAT THE CONGRESS THEREBY INTENDED TO AUTHORIZE ADVANCE PAYMENT OTHER THAN FOR PUBLICATIONS IN THE CUSTOMARY AND USUALLY UNDERSTOOD SENSE OF THE WORD, THAT IS, AS ENCOMPASSING BOOKS, PAMPHLETS, NEWSPAPERS, PERIODICALS OR PRINTS, ETC. SEE UNITED STATES V. CHASE, 135 U.S. 255. * *

THAT DECISION WENT ON TO HOLD THAT PHONOGRAPH RECORDS OFFERED UNDER A SUBSCRIPTION PLAN WERE NOT "PUBLICATIONS;, IN VIEW OF THE SIMILARITY BETWEEN TAPE RECORDINGS AND PHONOGRAPH RECORDS WE HELD, AS STATED ABOVE, THAT TAPE RECORDINGS LIKEWISE WERE NOT "PUBLICATIONS" AND, CONSEQUENTLY, SUBSCRIPTIONS THEREFOR COULD NOT BE PAID IN ADVANCE.

AT THE TIME SUCH DECISION WAS RENDERED THE PROVISIONS OF LAW THEN WERE CODIFIED IN 31 U.S.C. 530 AND PERMITTED ONLY CERTAIN AGENCIES NAMED THEREIN TO PAY IN ADVANCE FOR SUBSCRIPTIONS TO ALL PUBLICATIONS. ALL OTHER AGENCIES WERE PERMITTED TO PAY IN ADVANCE FOR SUBSCRIPTIONS ONLY TO NEWSPAPERS, MAGAZINES AND OTHER PERIODICALS.

PUBLIC LAW 87-91, REFERRED TO ABOVE, BROADENED SUCH PROVISIONS SO AS TO PERMIT ALL AGENCIES TO PAY IN ADVANCE FOR SUBSCRIPTIONS TO NEWSPAPERS, MAGAZINES, PERIODICALS, AND OTHER PUBLICATIONS. IN OUR REVIEW OF THE LEGISLATIVE HISTORY OF THAT LAW, WE HAVE FOUND NO INDICATION WHATEVER THAT THE CONGRESS INTENDED THAT THE TERM "PUBLICATION" BE GIVEN A BROADER INTERPRETATION THAN THAT THERETOFORE GIVEN IT IN OUR DECISIONS ON THE MATTER.

ACCORDINGLY, YOU ARE ADVISED THAT THE TAPE-RECORDED MATERIAL CONSIDERED HEREIN MAY NOT BE CONSIDERED TO BE "PUBLICATIONS" AND SUBSCRIPTIONS FOR SUCH MATERIAL MAY NOT, THEREFORE, BE PAID IN ADVANCE.