B-147109, SEPTEMBER 26, 1961, 41 COMP. GEN. 211

B-147109, SEPTEMBER 26, 1961, 41 COMP. GEN. 211

PAYMENTS - ADVANCE - SUBSCRIPTIONS TO NEWSPAPERS, PERIODICALS, ETC. - MICROCARDS ALTHOUGH MICROCARDS CONTAINING METEOROLOGICAL DATA SOLD BY A SCIENTIFIC ORGANIZATION ON A CASH SUBSCRIPTION BASIS ARE DISTRIBUTED AS SEPARATES RATHER THAN IN PAMPHLET OR PERIODICAL FORM, THAT FACTOR DOES NOT PRECLUDE THEIR INCLUSION WITHIN THE TERM "OTHER PUBLICATIONS" AS USED IN THE ACT OF JUNE 12, 1930, AS AMENDED BY THE ACT OF JULY 20, 1961, 31 U.S.C. 530, PERMITTING GOVERNMENT AGENCIES TO MAKE ADVANCE PAYMENTS FOR PUBLICATIONS SOLD ON A SUBSCRIPTION BASIS, IT BEING RECOGNIZED THAT MICROFILM TECHNIQUES FOR DISSEMINATION OF INFORMATION ARE BEING WIDELY USED IN PLACE OF OTHER TYPES OF PRINTED MATERIAL; THEREFORE, ADVANCE PAYMENT FOR A SUBSCRIPTION FOR A SET OF IGY RADIATION DATA PUBLISHED ON MICROCARDS BY THE WORLD METEOROLOGICAL ORGANIZATION IS PROPER.

TO L. M. STOTLER, DEPARTMENT OF COMMERCE, SEPTEMBER 26, 1961:

YOUR LETTER OF AUGUST 30, 1961, REFERENCE A-3.32, AS SUPPLEMENTED BY LETTER OF SEPTEMBER 12, REQUESTS AN ADVANCE DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT AN INVOICE TRANSMITTED THEREWITH. THE INVOICE IS FROM THE WORLD METEOROLOGICAL ORGANIZATION, GENEVA, SWITZERLAND, AND IS FOR AN ADVANCE PAYMENT OF A SUBSCRIPTION TO ONE COMPLETE SET OF IGY RADIATION DATA PUBLISHED ON 3 X 5 INCH MICROCARDS. OUR DECISION IS REQUESTED AS TO WHETHER UNDER 31 U.S.C. 530, PERMITTING ADVANCE PAYMENTS FOR SUBSCRIPTIONS FOR NEWSPAPERS, MAGAZINES AND OTHER PERIODICALS, MICROCARDS ARE CLASSED AS A SUBSCRIPTION FOR WHICH ADVANCE PAYMENTS MAY BE EFFECTED TO THE WORLD METEOROLOGICAL ORGANIZATION.

IT IS STATED IN YOUR LETTER OF SEPTEMBER 12 THAT VARIOUS METEOROLOGICAL DATA FURNISHED BY THE COUNTRIES WHO ARE MEMBERS OF THE WORLD METEOROLOGICAL ORGANIZATION ARE PUBLISHED ON MICROCARDS AND MADE AVAILABLE TO THE ONE HUNDRED TEN MEMBERS OF THE ORGANIZATION AND TO OTHERS ON A CASH SUBSCRIPTION BASIS, AS THE INFORMATION BECOMES AVAILABLE.

PUBLIC LAW 87-91, APPROVED JULY 20, 1961, 75 STAT. 211, AMENDED THE ACT OF JUNE 12, 1930, 46 STAT. 580, 31 U.S.C. 530, TO INCLUDE "OTHER PUBLICATIONS.' THE PURPOSE OF THE AMENDMENT WAS TO PROVIDE UNIFORM AUTHORITY FOR ALL AGENCIES OF THE GOVERNMENT TO MAKE ADVANCE PAYMENTS FOR ANY PUBLICATIONS FOR OFFICIAL USE AND NOT JUST THOSE WHICH COME WITHIN THE CATEGORY OF PERIODICALS. SEE H. REPORT NO. 560, 87TH CONGRESS, ST SESSION. IN VIEW OF THE AMENDMENT IT IS ONLY NECESSARY FOR THE PURPOSES OF YOUR SUBMISSION TO DETERMINE WHETHER THE MICROCARDS CONSTITUTE "PUBLICATIONS" WITHIN THE MEANING OF THE ACT.

WHEN USED IN THE SENSE IN WHICH IT IS USED IN THE SAID STATUTE, THE WORD "PUBLICATION" HAS BEEN HELD TO ENCOMPASS BOOKS, PAMPHLETS, NEWSPAPERS, PERIODICALS, OR PRINTS, ETC. SEE UNITED STATES V. CHASE, 135 U.S. 255. ALTHOUGH THE MICROCARDS ARE DISTRIBUTED AS SEPARATES AS DISTINGUISHED FROM A PAMPHLET OR PERIODICAL CONSISTING OF SEVERAL PAGES, SUCH FACTOR IS NOT VIEWED AS PRECLUDING THEM FROM BEING "PUBLICATIONS" WITHIN THE MEANING OF THE ACT. SEE IN THIS CONNECTION PAGE 2 OF S. REPORT NO. 268, 87TH CONGRESS, ST SESSION, AND THE REFERENCE TO THE AMERICAN STANDARDS ASSOCIATION , STANDARDS" WHICH ARE PUBLISHED AS SEPARATES. ALSO, THE PROCESS UNDER WHICH THE MICROCARDS WERE PRODUCED IS NOT CONSIDERED AS ADVERSELY AFFECTING CLASSIFICATION OF THE MICROCARDS AS BLICATIONS," IT BEING RECOGNIZED THAT MICROFILM TECHNIQUES FOR PRODUCING MULTIPLE COPIES ARE BEING USED EVEN TO THE EXTENT OF REPLACING PRINTED BOOKS IN SOME FIELDS. IN ADDITION, THE PURPOSE FOR WHICH THE MICROCARDS ARE PREPARED IS TO DISSEMINATE INFORMATION TO MEMBERS OF THE ORGANIZATION AND OTHERS. CONSIDERING THE FOREGOING, WE ARE OF THE OPINION THAT THE MICROCARDS HERE INVOLVED CONSTITUTE "PUBLICATIONS" WITHIN THE MEANING OF THE ACT OF JUNE 12, 1930, AS AMENDED, FOR WHICH ADVANCE PAYMENT OF A SUBSCRIPTION MAY BE MADE.

THE INVOICE SUBMITTED WITH YOUR LETTER OF AUGUST 30, 1961, IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.