A-32598, JULY 22, 1930, 10 COMP. GEN. 32

A-32598: Jul 22, 1930

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MAGAZINES OR OTHER PERIODICALS EXCEPT SUCH AS MAY BE SHOWN TO BE REQUIRED FOR OFFICIAL USE AND FOR WHICH AN APPROPRIATION IS AVAILABLE. REQUIRING CERTIFICATION IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS THAT THE SUBSCRIPTIONS FOR PERIODICALS ARE FOR OFFICIAL USE WAS SUPERSEDED BY THE ACT OF JUNE 12. 1930: I HAVE YOUR LETTER OF JULY 11. HOLD THAT THE VALIDITY OF AN ADVANCE PAYMENT FOR PERIODICALS IS DEPENDENT UPON A CERTIFICATE IN WRITING. THAT THE PERIODICALS ARE FOR OFFICIAL USE. WHICH HAVE BEEN CERTIFIED IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS TO BE REQUIRED FOR OFFICIAL USE.

A-32598, JULY 22, 1930, 10 COMP. GEN. 32

PAYMENTS, ADVANCE - NEWSPAPERS, MAGAZINES, PERIODICALS THE ACT OF JUNE 12, 1930, 46 STAT. 580, AUTHORIZING ADVANCE PAYMENTS FOR NEWSPAPERS, MAGAZINES, AND PERIODICALS FROM APPROPRIATIONS AVAILABLE THEREFOR WITHOUT REGARD TO THE PROVISIONS OF SECTION 3648, REVISED STATUTES, DOES NOT AUTHORIZE THE PURCHASE OF, OR SUBSCRIPTION TO, NEWSPAPERS NOT OTHERWISE AUTHORIZED BY LAW TO BE PURCHASED OR SUBSCRIBED TO, NOR THE PURCHASE OF, OR SUBSCRIPTION TO, MAGAZINES OR OTHER PERIODICALS EXCEPT SUCH AS MAY BE SHOWN TO BE REQUIRED FOR OFFICIAL USE AND FOR WHICH AN APPROPRIATION IS AVAILABLE, BUT DOES PERMIT THE ESTABLISHMENT OF THE OFFICIAL NEED BY EVIDENCE OTHER THAN THE WRITTEN CERTIFICATE OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT. IT SEEMS CLEAR THAT THE ACT OF MARCH 4, 1915, 38 STAT. 1049, REQUIRING CERTIFICATION IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS THAT THE SUBSCRIPTIONS FOR PERIODICALS ARE FOR OFFICIAL USE WAS SUPERSEDED BY THE ACT OF JUNE 12, 1930.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 22, 1930:

I HAVE YOUR LETTER OF JULY 11, 1930, AS FOLLOWS:

DECISIONS OF YOUR OFFICE UNDER THE PROVISIONS OF THE ACT OF MARCH 4, 1915 (38 STAT. 1049; TITLE 31, SEC. 530, U.S.C.), HOLD THAT THE VALIDITY OF AN ADVANCE PAYMENT FOR PERIODICALS IS DEPENDENT UPON A CERTIFICATE IN WRITING, SIGNED BY THE HEAD OF THE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT, THAT THE PERIODICALS ARE FOR OFFICIAL USE.

SECTION 5 OF THE ACT OF MARCH 4, 1915, READS AS FOLLOWS:

"THAT HEREAFTER SUBSCRIPTIONS TO PERIODICALS, WHICH HAVE BEEN CERTIFIED IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS AND OTHER GOVERNMENT ESTABLISHMENTS TO BE REQUIRED FOR OFFICIAL USE, MAY BE PAID IN ADVANCE FROM APPROPRIATIONS AVAILABLE THEREFOR.'

THE ACT APPROVED JUNE 12, 1930 (PUBLIC, NO. 347, SEVENTY-FIRST CONGRESS), PROVIDES:

"THAT SUBSCRIPTION CHARGES FOR NEWSPAPERS, MAGAZINES, AND OTHER PERIODICALS 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 3648 OF THE REVISED STATUTES (UNITED STATES CODE, TITLE 31, SEC. 529).'

IN VIEW OF THE FACT THAT THE LATER STATUTE DOES NOT REQUIRE THE HEAD OF AN EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT TO CERTIFY IN WRITING THAT THE NEWSPAPERS, MAGAZINES, AND OTHER PERIODICALS ARE REQUIRED FOR OFFICIAL USE, IT IS REQUESTED THAT YOU INFORM THE NAVY DEPARTMENT WHETHER ADVANCE PAYMENTS FOR NEWSPAPERS, MAGAZINES, AND OTHER PERIODICALS FOR OFFICIAL USE OF THE NAVY WILL BE APPROVED WITHOUT A CERTIFICATION BY THE SECRETARY OF THE NAVY THAT THEY ARE SO REQUIRED FOR OFFICIAL USE.

THE ACT OF MARCH 4, 1915, 38 STAT. 1049, CREATED AN EXCEPTION TO THE INHIBITION AGAINST ADVANCE PAYMENTS CONTAINED IN SECTION 3648, REVISED STATUTES, AS TO PERIODICALS WHICH HAVE BEEN CERTIFIED IN WRITING BY THE ADMINISTRATIVE HEADS OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS TO BE REQUIRED FOR OFFICIAL USE, BUT DID NOT REMOVE THE RESTRICTION AGAINST ADVANCE PAYMENTS FOR NEWSPAPERS. THE ACT OF JUNE 12, 1930, 46 STAT. 580, AUTHORIZES PAYMENT IN ADVANCE FOR NEWSPAPERS, MAGAZINES, AND OTHER PERIODICALS NOTWITHSTANDING THE PROVISIONS OF SECTION 3648, REVISED STATUTES, AND WHILE THE ACT OF 1915 IS NOT SPECIFICALLY REPEALED THEREIN, IT IS CLEARLY THE LEGISLATIVE INTENT THAT SUCH ACT BE REGARDED AS SUPERSEDED.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT ADVANCE PAYMENTS FOR NEWSPAPERS, MAGAZINES, AND PERIODICALS FOR OFFICIAL USE ARE AUTHORIZED FROM APPROPRIATIONS AVAILABLE THEREFOR WITHOUT A CERTIFICATE BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS THAT THEY ARE REQUIRED FOR OFFICIAL USE.

WHILE THE ACT OF JUNE 12, 1930, DOES NOT AUTHORIZE THE PURCHASE OF OR THE SUBSCRIPTION TO NEWSPAPERS NOT OTHERWISE AUTHORIZED BY LAW TO BE PURCHASED OR SUBSCRIBED TO, NOR THE PURCHASE OF OR THE SUBSCRIPTION TO MAGAZINES OR OTHER PERIODICALS EXCEPT SUCH AS MAY BE SHOWN TO BE REQUIRED FOR OFFICIAL USE AND FOR WHICH AN APPROPRIATION IS AVAILABLE, IT DOES PERMIT THE ESTABLISHING OF THE OFFICIAL NEED BY EVIDENCE OTHER THAN THE WRITTEN CERTIFICATE OF THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT.