B-140780, OCTOBER 28, 1959, 39 COMP. GEN. 320

B-140780, OCTOBER 28, 1959, 39 COMP. GEN. 320

APPROPRIATIONS - AVAILABILITY - MAGAZINE SUBSCRIPTIONS USED FOR TRAINING PROGRAMS - NEWSPAPER AND PERIODICAL LIMITATION A MAGAZINE SUBSCRIPTION ( SUPERVISORY MANAGEMENT, A PUBLICATION OF THE AMERICAN MANAGEMENT ASSOCIATION, INC.) TO BE USED IN CONJUNCTION WITH THE NATIONAL SCIENCE FOUNDATION TRAINING PROGRAM MAY BE DETERMINED BY THE HEAD OF THE AGENCY TO BE AN APPROPRIATE PURCHASE OF TRAINING MATERIAL UNDER SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2309; HOWEVER, THE MAGAZINE BEING A PERIODICAL WITHIN THE MEANING OF THE LIMITATION ON THE PURCHASE OF NEWSPAPERS AND PERIODICALS, THE COST OF THE MAGAZINE SUBSCRIPTION MUST BE CHARGED TO THE LIMITATION.

TO H. R. FATZINGER, NATIONAL SCIENCE FOUNDATION, OCTOBER 28, 1959:

YOUR LETTER OF SEPTEMBER 15, 1959, ASKS OUR ADVICE CONCERNING TWO QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH AN INVOICE PRESENTED TO YOUR FOR CERTIFICATION. THE INVOICE IS STATED IN THE AMOUNT OF $7.50 AND COVERS A 1-YEAR SUBSCRIPTION TO " SUPERVISORY MANAGEMENT," A PUBLICATION OF THE AMERICAN MANAGEMENT ASSOCIATION, INC.

IT IS EXPLAINED THAT YOUR AGENCY HAS SUBSCRIBED TO THIS PERIODICAL SINCE IT IS BELIEVED THAT IT WILL BE USEFUL TO YOUR ADMINISTRATIVE SUPERVISORY STAFF IN DEVELOPING SOLUTIONS FOR A WIDE RANGE OF SUPERVISORY PROBLEMS SUCH AS COMMUNICATING INSTRUCTIONS AND INFORMATION, SAFETY, MORALE, PRODUCTIVITY, AND A VARIETY OF HUMAN RELATIONS PROBLEMS. IT ALSO IS PLANNED TO UTILIZE THIS MAGAZINE IN CONJUNCTION WITH THE AGENCY'S TRAINING PROGRAM FOR SUPERVISORS.

THE FIRST QUESTION ASKED IS WHETHER THE MAGAZINE MAY BE CONSIDERED TO BE AN APPROPRIATE PURCHASE OF TRAINING MATERIAL UNDER SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 72 STAT. 332, 5 U.S.C. 2309, AND, THEREFORE, CHARGEABLE TO THE APPROPRIATION FOR SALARIES AND EXPENSES OF THE NATIONAL SCIENCE FOUNDATION.

SINCE THE REPEAL OF SECTION 3 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, AS AMENDED, 31 U.S.C. 678, PROHIBITING THE PURCHASE OF PERIODICALS UNLESS SPECIFIC PROVISION THEREFOR IS CONTAINED IN THE APPROPRIATION, BY SECTION 17 (A), THE ADMINISTRATIVE EXPENSES ACT OF 1946, PUBLIC LAW 600, 79TH CONGRESS, APPROVED AUGUST 2, 1946, 60 STAT. 806, 811, APPROPRIATIONS AVAILABLE FOR CARRYING OUT ANY STATUTORY FUNCTION OF AN AGENCY MAY BE USED TO PURCHASE PERIODICALS, IF NOT SPECIFICALLY RESTRICTED, WHEN THE HEAD OF THE AGENCY CONCERNED DETERMINES THAT SUCH PERIODICALS ARE NECESSARY IN THE PERFORMANCE OF THE AGENCY'S STATUTORY FUNCTIONS. CONSEQUENTLY, IF THE HEAD OF YOUR AGENCY DETERMINES THAT THE MAGAZINE HERE INVOLVED IS NECESSARY FOR USE IN CONNECTION WITH THE TRAINING COURSE, THE COST THEREOF WOULD BE PROPERLY CHARGEABLE TO THE APPROPRIATIONS FOR SALARIES AND EXPENSES OF THE NATIONAL SCIENCE FOUNDATION.

YOUR SECOND QUESTION ASSUMES THAT THE PURCHASE OF THE MAGAZINE IS AN APPROPRIATE PURCHASE OF TRAINING MATERIAL AND YOU ASK WHETHER IT IS NECESSARY TO CHARGE THE COST OF THE SUBSCRIPTION TO THE LIMITATION OF "NOT TO EXCEED $350 FOR THE PURCHASE OF NEWSPAPERS AND PERIODICALS" CONTAINED IN THE CURRENT APPROPRIATION FOR SALARIES AND EXPENSES OF THE NATIONAL SCIENCE FOUNDATION, PUBLIC LAW 86-255, 73 STAT. 509, 42 U.S.C. 1861.

THE REFERRED-TO LIMITATION ON THE PURCHASE OF NEWSPAPERS AND PERIODICALS IS CHARGEABLE WITH THE COST OF ALL NEWSPAPERS AND PERIODICALS ACQUIRED DURING THE FISCAL YEAR 1960 FOR USE IN THE ADMINISTRATION OF ALL STATUTORY FUNCTIONS OF THE NATIONAL SCIENCE FOUNDATION. SINCE THE TRAINING PROGRAM IN THE NATIONAL SCIENCE FOUNDATION IS A FUNCTION OF SUCH AGENCY, AUTHORIZED BY THE GOVERNMENT EMPLOYEES TRAINING ACT, IT SEEMS CLEAR THAT THE COST OF PERIODICALS PURCHASED FOR USE IN ADMINISTERING THE TRAINING PROGRAM IS CHARGEABLE TO THE REFERRED-TO LIMITATION.

THE INVOICE IN YOUR LETTER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE PROPER.