B-167008, JULY 9, 1969, 49 COMP. GEN. 17

B-167008, JULY 9, 1969, 49 COMP. GEN. 17

MISCELLANEOUS RECEIPTS -- SPECIAL ACCOUNT V MISCELLANEOUS RECEIPTS -- FEDERALLY AND STATE SUPPORTED PROJECTS THE COST-OF-SERVICE FEES CHARGED FOR FURNISHING DATA FROM THE CURRENT RESEARCH INFORMATION SYSTEM (CRIS), A COMPUTERIZED INFORMATION AND RETRIEVAL SYSTEM THAT MAINTAINS SCIENTIFIC AND MANAGEMENT TYPE INFORMATION ON BOTH FEDERALLY FINANCED AND STATE SUPPORTED AGRICULTURAL RESEARCH, MAY NOT BE DEPOSITED IN A SPECIAL ACCOUNT PURSUANT TO THE DEPARTMENT OF AGRICULTURE'S 7 U.S.C. 2244 AUTHORITY AND MADE AVAILABLE FOR CRIS TO DRAW ON TO COVER THE COSTS INVOLVED IN MAKING THE RESEARCH AND REPRODUCING THE DATA. THE EXEMPTION AUTHORITY IN SECTION 2244 TO THE REQUIREMENT FOR DEPOSIT OF MONIES INTO THE TREASURY AS MISCELLANEOUS RECEIPTS RELATES TO AND IS LIMITED TO BIBLIOGRAPHIES PREPARED BY THE DEPARTMENT'S LIBRARY, AND TO THE MICROFILMING AND OTHER PHOTOGRAPHIC REPRODUCTIONS OF BOOKS AND TO OTHER LIBRARY MATERIALS, AND CRIS IS NOT PART OF THAT LIBRARY.

TO THE SECRETARY OF AGRICULTURE, JULY 9, 1969:

THIS IS IN REFERENCE TO LETTER DATED MAY 21, 1969, FROM MR. JOSEPH M. ROBERTSON, ASSISTANT SECRETARY FOR ADMINISTRATION, CONCERNING A PROPOSAL TO CHARGE A COST-OF-SERVICE FEE FOR FURNISHING DATA FROM THE CURRENT RESEARCH INFORMATION SYSTEM (CRIS), A COMPUTERIZED INFORMATION AND RETRIEVAL SYSTEM, AND DEPOSITING SUCH FEES IN AN ACCOUNT FROM WHICH THE CRIS COULD DRAW TO COVER THE COSTS INVOLVED IN MAKING THE SEARCH AND REPRODUCING DATA. OUR ADVICE IS REQUESTED IN THE MATTER.

THE AUTHORITY PROPOSED FOR USING THE COLLECTIONS TO DEFRAY EXPENSES IS 7 U.S.C. 2244 (1964 ED., SUPP. IV), WHICH PROVIDES:

THE SECRETARY OF AGRICULTURE IS AUTHORIZED TO MAKE COPIES OF BIBLIOGRAPHIES PREPARED BY THE DEPARTMENT LIBRARY, MICROFILM AND OTHER PHOTOGRAPHIC REPRODUCTIONS OF BOOKS AND OTHER LIBRARY MATERIALS IN THE DEPARTMENT AND SELL SUCH BIBLIOGRAPHIES AND REPRODUCTIONS AT SUCH PRICES (NOT LESS THAN ESTIMATED TOTAL COST OF FURNISHING SAME) AS HE MAY DETERMINE, THE MONEY RECEIVED FROM SUCH SALES TO BE DEPOSITED IN THE TREASURY TO THE CREDIT OF THE APPLICABLE APPROPRIATION CURRENT AT THE TIME THE MATERIALS ARE FURNISHED OR PAYMENT THEREFOR IS RECEIVED.

IT IS STATED IN THE LETTER THAT CRIS IS OPERATED BY THE RESEARCH PROGRAM DEVELOPMENT AND EVALUATION STAFF UNDER THE DIRECTION OF SCIENCE AND EDUCATION, UNITED STATES DEPARTMENT OF AGRICULTURE; THAT CRIS MAINTAINS SCIENTIFIC AND MANAGEMENT TYPE INFORMATION ON OVER 20,000 RESEARCH PROJECTS; THAT SUCH PROJECTS REPRESENT BOTH FEDERALLY FINANCED AND STATE SUPPORTED RESEARCH IN OVER 500 FEDERAL OR STATE LOCATIONS. DATA IS PROVIDED BY FIFTY-THREE STATE AGRICULTURAL EXPERIMENT STATIONS, NINE FORESTRY SCHOOLS AND SIX RESEARCH AGENCIES OF THE DEPARTMENT. THE DEVELOPMENT OF CRIS, IT IS REPORTED, HAS PROVIDED FOR THE FIRST TIME A CENTRALIZED REPOSITORY OF INFORMATION ON PUBLICLY SUPPORTED AGRICULTURAL RESEARCH, AND THAT INDUSTRY, COMMODITY GROUPS AND OTHER ORGANIZATIONS WILL WANT TO TAKE ADVANTAGE OF THE INFORMATION AVAILABLE IN THE CRIS DATA BANK. BECAUSE OF THE COSTS INVOLVED, AND LIMITED FUNDS AVAILABLE TO CRIS, IT IS PROPOSED TO CHARGE A COST-OF-SERVICE FEE AND DEPOSIT FUNDS COLLECTED TO AN ACCOUNT FROM WHICH CRIS COULD DRAW TO COVER THE COSTS INVOLVED IN MAKING THE SEARCH AND REPRODUCING THE DATA.

THE ABOVE-QUOTED STATUTORY AUTHORITY CLEARLY RELATES TO THE DEPARTMENT LIBRARY, AND LIBRARY MATERIALS. IT CONSTITUTES AN EXCEPTION TO THE USUAL REQUIREMENT THAT COLLECTIONS SHALL BE PAID INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, AS, FOR EXAMPLE IN 7 U.S.C. 2242 (1964 ED., SUPP. IV), RELATING TO MONIES COLLECTED FROM THE SALE OF COPIES OF THE CARD INDEX OF AGRICULTURAL PUBLICATIONS, AND 31 ID. 483A COVERING FEES COLLECTED FOR WORK AND SERVICES FURNISHED BY FEDERAL AGENCIES.

THE CURRENT RESEARCH INFORMATION SYSTEM IS NOT REPRESENTED IN THE ASSISTANT SECRETARY'S LETTER AS BEING A PART OF THE LIBRARY. IT HAS BEEN DESCRIBED IN PART 3, PAGE 348, HOUSING HEARINGS ON DEPARTMENT OF AGRICULTURE APPROPRIATIONS FOR 1969 AS--

*** A DEPARTMENTWIDE SYSTEM USING THE COMPUTER TO MAINTAIN PROGRESS AND MANAGEMENT DATA ON ALL ON-GOING RESEARCH IN USDA AND LAND GRANT COLLEGES, TO ANSWER INQUIRIES THEREON AND TO PRODUCE ANNUAL CATALOGS AND REPORTS. THE SYSTEM WILL BE SERVICED BY THE WDPC. (WASHINGTON DATA PROCESSING CENTER.)

THE AUTHORITY PROVIDED BY 7 U.S.C. 2244, SUPRA, IS LIMITED TO BIBLIOGRAPHIES PREPARED BY THE DEPARTMENT LIBRARY, AND MICROFILM AND OTHER PHOTOGRAPHIC REPRODUCTIONS OF BOOKS AND OTHER LIBRARY MATERIALS. IN VIEW THEREOF, AND IN THE ABSENCE OF OTHER STATUTORY AUTHORITY, THE PROPOSAL IS NOT APPROVED. COLLECTIONS OF COST-OF-SERVICE FEES SHOULD BE PAID INTO THE TREASURY AS MISCELLANEOUS RECEIPTS PURSUANT TO 31 U.S.C. 483A.