B-140780, JAN. 4, 1960
Highlights
WHEREIN WE EXPRESSED THE VIEW THAT THE LIMITATION ON THE PURCHASE OF NEWSPAPERS AND PERIODICALS CONTAINED IN THE CURRENT APPROPRIATION FOR THE NATIONAL SCIENCE FOUNDATION WAS CHARGEABLE WITH THE COST INCURRED BY THE FOUNDATION FOR A ONE-YEAR SUBSCRIPTION TO "SUPERVISORY MANAGEMENT. STATES: "WHERE APPROPRIATIONS IN THIS TITLE ARE EXPENDABLE FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS AND NO SPECIFIC LIMITATION OF HAS BEEN PLACED THEREON. OR TRAFFIC PERIODICALS NECESSARY IN CONNECTION WITH THE PERFORMANCE OF THE AUTHORIZED FUNCTIONS OF THE AGENCIES FOR WHICH FUNDS ARE HEREIN PROVIDED. THE $50 LIMITATION FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS WHICH SECTION 103 IMPOSES UPON APPROPRIATIONS EXPENDABLE WITHOUT LIMITATION FOR NEWSPAPERS AND PERIODICALS IS NOT APPLICABLE TO THE APPROPRIATION FOR THE NATIONAL SCIENCE FOUNDATION.
B-140780, JAN. 4, 1960
TO MR. H. R. FATZINGER, NATIONAL SCIENCE FOUNDATION:
YOUR LETTER OF NOVEMBER 30, 1959, REQUESTS RECONSIDERATION OF OUR OPINION OF OCTOBER 28, 1959, B-140780, WHEREIN WE EXPRESSED THE VIEW THAT THE LIMITATION ON THE PURCHASE OF NEWSPAPERS AND PERIODICALS CONTAINED IN THE CURRENT APPROPRIATION FOR THE NATIONAL SCIENCE FOUNDATION WAS CHARGEABLE WITH THE COST INCURRED BY THE FOUNDATION FOR A ONE-YEAR SUBSCRIPTION TO "SUPERVISORY MANAGEMENT," A PUBLICATION OF THE AMERICAN MANAGEMENT ASSOCIATION, INC.
THE INDEPENDENT OFFICES APPROPRIATION ACT, 1960, 73 STAT. 500, PLACES UPON THE FOUNDATION'S APPROPRIATION THEREIN PROVIDED THE SPECIFIC LIMITATION OF "NOT TO EXCEED $350 FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS.' SECTION 103 OF THE ACT, THE PROVISO OF WHICH GIVES RISE TO YOUR REQUEST, STATES:
"WHERE APPROPRIATIONS IN THIS TITLE ARE EXPENDABLE FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS AND NO SPECIFIC LIMITATION OF HAS BEEN PLACED THEREON, THE EXPENDITURES THEREFORE UNDER EACH SUCH APPROPRIATION MAY NOT EXCEED THE AMOUNT OF $50: PROVIDED, THAT THIS LIMITATION SHALL NOT APPLY TO THE PURCHASE OF SCIENTIFIC, TECHNICAL, TRADE, OR TRAFFIC PERIODICALS NECESSARY IN CONNECTION WITH THE PERFORMANCE OF THE AUTHORIZED FUNCTIONS OF THE AGENCIES FOR WHICH FUNDS ARE HEREIN PROVIDED, NOR TO THE PURCHASE OF NEWSPAPERS AND PERIODICALS NECESSARY FOR THE CARE AND WELFARE OF PATIENTS AND MEMBERS IN VETERANS ADMINISTRATION HOSPITALS AND DOMICILIARY FACILITIES.'
THE $50 LIMITATION FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS WHICH SECTION 103 IMPOSES UPON APPROPRIATIONS EXPENDABLE WITHOUT LIMITATION FOR NEWSPAPERS AND PERIODICALS IS NOT APPLICABLE TO THE APPROPRIATION FOR THE NATIONAL SCIENCE FOUNDATION, UPON WHICH A A SPECIFIC LIMITATION OF $350 HAS BEEN PLACED. THE SECTION'S PROVISION,"THAT THIS LIMITATION SHALL NOT APPLY TO THE PURCHASE OF SCIENTIFIC, TECHNICAL, TRADE, OR TRAFFIC PERIODICALS," CLEARLY REFERS TO THE RATHER RESTRICTIVE $50 LIMITATION OF THE SECTION, AND IS NOT FOR CONSIDERATION IN CONNECTION WITH A SPECIFIC LIMITATION OTHERWISE IMPOSED, SUCH AS THE $350 LIMITATION PLACED UPON THE FOUNDATION'S APPROPRIATION. THE LATTER LIMITATION MUST BE CONSIDERED AS COVERING ALL TYPES OF NEWSPAPERS AND PERIODICALS.
WE MUST ADVISE YOU THAT SECTION 103 AFFORDS NO BASIS FOR A MODIFICATION OF THE VIEW EXPRESSED IN OUR OPINION OF OCTOBER 28, 1959, WITH REGARD TO CHARGING OF THE NEWSPAPER AND PERIODICAL LIMITATION OF THE FOUNDATIONS' APPROPRIATION.
THE COPY OF "SUPERVISORY MANAGEMENT" FORWARDED WITH YOUR LETTER IS ENCLOSED.