B-114593, MAY 5, 1953, 32 COMP. GEN. 487

B-114593: May 5, 1953

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PROMOTION AND INFORMATION DISSEMINATION DUTIES PLACED UPON THE SURGEON GENERAL BY SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT ARE AVAILABLE FOR PAYMENT OF PART OF THE COST OF DISSEMINATION THROUGH PRIVATE SCIENTIFIC PUBLICATIONS THE RESULTS OF RESEARCH CONDUCTED BY PUBLIC HEALTH SERVICE SCIENTISTS. 1953: REFERENCE IS MADE TO YOUR LETTER OF APRIL 6. ARE AVAILABLE FOR PAYMENT OF PART OF THE COSTS OF PUBLISHING IN SCIENTIFIC JOURNALS RESEARCH REPORTS AND PAPERS PREPARED BY SCIENTISTS OF THE SERVICE WHERE THE SURGEON GENERAL DETERMINES THAT SUCH PUBLICATION IS NECESSARY TO CARRY OUT THE PURPOSES OF SAID SECTION 301. IN CARRYING OUT THE FOREGOING THE SURGEON GENERAL IS AUTHORIZED TO. * * * IT IS STATED IN YOUR LETTER THAT PROGRESS IN SCIENTIFIC FIELDS PRIMARILY IS DISSEMINATED BY THE PUBLICATION OF REPORTS OF RESEARCH IN SPECIAL JOURNALS LIMITED TO PARTICULAR AREAS OF INTEREST AND PUBLISHED BY NONGOVERNMENTAL ORGANIZATIONS UNDER THE EDITORIAL CONTROL OF QUALIFIED SPECIALISTS IN THE FIELD.

B-114593, MAY 5, 1953, 32 COMP. GEN. 487

APPROPRIATIONS - AVAILABILITY - PUBLICATION OF ARTICLES WRITTEN BY GOVERNMENT AGENCIES FUNDS APPROPRIATED TO CARRY OUT THE RESEARCH, PROMOTION AND INFORMATION DISSEMINATION DUTIES PLACED UPON THE SURGEON GENERAL BY SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT ARE AVAILABLE FOR PAYMENT OF PART OF THE COST OF DISSEMINATION THROUGH PRIVATE SCIENTIFIC PUBLICATIONS THE RESULTS OF RESEARCH CONDUCTED BY PUBLIC HEALTH SERVICE SCIENTISTS.

COMPTROLLER GENERAL WARREN TO SECRETARY OF HEALTH, EDUCATION AND WELFARE, MAY 5, 1953:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 6, 1953, AS SUPPLEMENTED BY LETTERS DATED APRIL 14, AND 22, FROM EDWARD J. ROURKE, LEGAL ADVISER OF YOUR DEPARTMENT, REQUESTING A DECISION AS TO WHETHER FUNDS APPROPRIATED TO THE PUBLIC HEALTH SERVICE TO CARRY OUT THE PURPOSES OF SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT, 58 STAT. 691, 42 U.S.C. 241, ARE AVAILABLE FOR PAYMENT OF PART OF THE COSTS OF PUBLISHING IN SCIENTIFIC JOURNALS RESEARCH REPORTS AND PAPERS PREPARED BY SCIENTISTS OF THE SERVICE WHERE THE SURGEON GENERAL DETERMINES THAT SUCH PUBLICATION IS NECESSARY TO CARRY OUT THE PURPOSES OF SAID SECTION 301.

SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT READS AS FOLLOWS:

THE SURGEON GENERAL SHALL CONDUCT IN THE SERVICE, AND ENCOURAGE, COOPERATE WITH, AND RENDER ASSISTANCE TO OTHER APPROPRIATE PUBLIC AUTHORITIES, SCIENTIFIC INSTITUTIONS, AND SCIENTISTS IN THE CONDUCT OF, AND PROMOTE THE COORDINATION OF, RESEARCH, INVESTIGATIONS, EXPERIMENTS, DEMONSTRATIONS, AND STUDIES RELATING TO THE CAUSES, DIAGNOSIS, TREATMENT, CONTROL, AND PREVENTION OF PHYSICAL AND MENTAL DISEASES AND IMPAIRMENTS OF MAN, INCLUDING WATER PURIFICATION, SEWAGE TREATMENT, AND POLLUTION OF LAKES AND STREAMS. IN CARRYING OUT THE FOREGOING THE SURGEON GENERAL IS AUTHORIZED TO---

(A) COLLECT AND MAKE AVAILABLE THROUGH PUBLICATIONS AND OTHER APPROPRIATE MEANS, INFORMATION AS TO, AND THE PRACTICAL APPLICATION OF, SUCH RESEARCH AND OTHER ACTIVITIES; * * *

IT IS STATED IN YOUR LETTER THAT PROGRESS IN SCIENTIFIC FIELDS PRIMARILY IS DISSEMINATED BY THE PUBLICATION OF REPORTS OF RESEARCH IN SPECIAL JOURNALS LIMITED TO PARTICULAR AREAS OF INTEREST AND PUBLISHED BY NONGOVERNMENTAL ORGANIZATIONS UNDER THE EDITORIAL CONTROL OF QUALIFIED SPECIALISTS IN THE FIELD. PAPERS PREPARED BY PUBLIC HEALTH SERVICE SCIENTISTS ON THE WORK OF THE SERVICE HERETOFORE HAVE BEEN PUBLISHED IN SUCH JOURNALS ON THE SAME BASIS OF EVALUATION AS WORK DONE IN OTHER LABORATORIES, GOVERNMENTAL OR OTHERWISE, WITHOUT THE REQUIREMENT OF ANY CONTRIBUTION TOWARDS THE COST OF PUBLISHING THE JOURNAL BY THE AUTHOR OR THE LABORATORY IN WHICH HE WORKED. HOWEVER, IN RECENT YEARS, SOME OF THOSE JOURNALS, BECAUSE OF INCREASING PUBLICATION COSTS, HAVE ADVISED ALL CONTRIBUTORS THAT THEY ARE UNABLE TO PUBLISH RESEARCH PAPERS COMPLETELY FREE OF CHARGE, ESPECIALLY WHERE SPECIAL EXPENSE IS INVOLVED, I.E., PHOTOGRAPHIC REPRODUCTIONS, SPECIAL GRAPHIC PRESENTATIONS, OR PAPERS OF UNUSUAL LENGTH AND CERTAIN CHARGES, CONSIDERABLY LESS THAN THE COST OF PUBLICATION, ARE MADE THEREFOR.

THE LABOR-FEDERAL SECURITY APPROPRIATION ACT, 1953, 663 STAT. 358, 364- 367 PROVIDES FUNDS FOR CARRYING OUT THE PUBLIC HEALTH SERVICE ACT, UNDER THE ITEM " SALARIES AND EXPENSES," MAKING AN APPROPRIATION FOR MISCELLANEOUS EXPENSES FOR PREPARING INFORMATION, ARTICLES AND PUBLICATIONS RELATING TO PUBLIC HEALTH. HENCE, WHERE THE PRINTING OF SUCH REPORTS IS PROPERLY AUTHORIZED AS CARRYING OUT THE PURPOSES OF SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT, THAT APPROPRIATION APPEARS AVAILABLE FOR PAYMENT OF PART OF THE COST OF DISSEMINATING THE RESULTS OF RESEARCH THROUGH PRIVATE SCIENTIFIC JOURNALS.

AS TO WHETHER THE WORK IS SUCH AS IS REQUIRED TO BE PERFORMED IN THE GOVERNMENT PRINTING OFFICE UNDER 44 U.S.C. 111, OR BY WAIVER OF THE JOINT COMMITTEE ON PRINTING, YOUR ATTENTION IS INVITED TO 27 COMP. DEC. 842, 3 COMP. GEN. 785, HOLDING THAT WHERE THE ENTIRE COST OF PRINTING IS NOT BORNE BY THE UNITED STATES OR THE PRINTING IS NOT EXCLUSIVELY FOR THE GOVERNMENT, THAT SECTION OF LAW IS NOT FOR APPLICATION. AS TO SECURING OF COPIES OR REPRINTS OF SUCH SCIENTIFIC REPORTS FOR GOVERNMENT USE, SEE 7 COMP. GEN. 221.