B-88556, AUGUST 22, 1949, 29 COMP. GEN. 91

B-88556, AUGUST 22, 1949, 29 COMP. GEN. 91

APPROPRIATIONS - AVAILABILITY - LEASING OF MOTION PICTURE FILM MOTION PICTURE FILM MADE AND PRODUCED BY A PRIVATE CONCERN FOR COMMERCIAL DISTRIBUTION DEPICTING CERTAIN PHASES AND ACTIVITIES OF THE FOOD AND DRUG ADMINISTRATION WHICH ADMINISTRATIVELY HAS BEEN DETERMINED TO BE AN EFFECTIVE MEANS, IN FURTHERANCE OF THE PROVISIONS OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, OF REPORTING AND ILLUSTRATING THE RESULTS OF INVESTIGATIONS BY THE ADMINISTRATION, AND IN EDUCATING THE PUBLIC, MAY BE LEASED UNDER A PROPER AGREEMENT PURSUANT TO THE AUTHORITY CONTAINED IN THE CURRENT APPROPRIATION FOR SALARIES AND EXPENSES; HOWEVER, THE TERM OF THE LEASE SHOULD BE LIMITED TO THE CURRENT FISCAL YEAR OR BE RENEWABLE BY THE GOVERNMENT AT ITS OPTION FROM YEAR TO YEAR.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, FEDERAL SECURITY AGENCY, AUGUST 22, 1949:

REFERENCE IS MADE TO LETTER DATED AUGUST 9, 1949, FROM THE ACTING ADMINISTRATOR, REQUESTING A DECISION AS TO WHETHER APPROPRIATED FUNDS OF THE FOOD AND DRUG ADMINISTRATION ARE AVAILABLE TO LEASE COPIES OF A MOTION PICTURE FILM MADE AND PRODUCED BY RKO PATHE, INC., DEPICTING CERTAIN PHASES AND ACTIVITIES OF THE FOOD AND DRUG ADMINISTRATION.

IT IS EXPLAINED THAT THE FILM WAS MADE FOR COMMERCIAL EXHIBITION BY THE PRODUCER WITHOUT ANY EXPENSE TO THE GOVERNMENT, AND THAT IT PRESENTS THE ACTIVITIES OF THE FOOD AND DRUG ADMINISTRATION IN ITS ENFORCEMENT OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, AS AMENDED, 21 U.S.C. 301-392. IS ALSO STATED THAT THE FOOD AND DRUG ADMINISTRATION OFFICES IN WASHINGTON AND IN THE FIELD RECEIVE NUMEROUS REQUESTS TO ADDRESS CONSUMER GROUPS, BETTER BUSINESS BUREAUS, ASSOCIATIONS OF STATE AND MUNICIPAL DRUG ENFORCEMENT OFFICIALS, PARENT TEACHER ASSOCIATIONS, SCHOOL CLASSES, ETC., AND THE ADMINISTRATION ENDEAVORS TO COMPLY WITH SUCH REQUESTS IN ORDER TO INFORM THE PUBLIC HOW THE ACT IS ENFORCED AND THE PUBLIC IS PROTECTED BY ITS PROVISIONS; AND TO EDUCATE THE PUBLIC TO EVALUATE CLAIMS FOR AND LABELING OF PRODUCTS AND WHERE AND HOW TO REPORT APPARENT VIOLATIONS. COMPLYING WITH SUCH REQUESTS, IT IS STATED THAT THE SHOWING OF THIS FILM, FOLLOWED BY PERTINENT REMARKS BY AN EMPLOYEE ASSIGNED TO TALK TO SUCH GROUPS, AND A QUESTION AND ANSWER PERIOD, WOULD BE A MOST SATISFACTORY AND ECONOMICAL MEANS OF MEETING THE DEMANDS OF THE PUBLIC.

THE LETTER FURTHER STATES THAT THE FOOD AND DRUG ADMINISTRATION NOW HAS AN OFFER FROM THE DISTRIBUTORS OF THE FILM TO LEASE OR LICENSE COPIES OF THE FILM FOR A PERIOD OF THREE YEARS AND, IF PERMITTED TO ENTER INTO SUCH AGREEMENT, PROPOSES TO DISTRIBUTE COPIES OF THE FILM TO ITS FIELD DISTRICTS AND RESIDENT INSPECTION POSTS TO BE AVAILABLE FOR SHOWING UPON REQUEST OF VARIOUS INTERESTED GROUPS AND TO RETAIN SOME OF THE COPIES IN WASHINGTON TO BE SHOWN IN PERSONNEL TRAINING PROGRAMS OR TO MEET REQUESTS FROM GROUPS IN LOCALITIES WHERE THERE IS NO FOOD AND DRUG ADMINISTRATION OFFICE.

THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, DESIGNED FOR THE PROTECTION OF THE PUBLIC BY PROMOTING THE PURITY, IDENTITY, STANDARD QUALITY, STANDARD POTENCY, AND TRUTHFUL AND INFORMATIVE LABELING OF FOODS, DRUGS, COSMETICS, AND RELATED PRODUCTS ENTERING INTERSTATE COMMERCE AND IMPORTED INTO THIS COUNTRY, PROVIDES IN SECTION 705 (B) (21 U.S.C. 375 (B) ( THAT:

THE ADMINISTRATOR MAY ALSO CAUSE TO BE DISSEMINATED INFORMATION REGARDING FOOD, DRUGS, DEVICES, OR COSMETICS IN SITUATIONS INVOLVING, IN THE OPINION OF THE ADMINISTRATOR, IMMINENT DANGER TO HEALTH OR GROSS DECEPTION OF THE CONSUMER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE ADMINISTRATOR FROM COLLECTING, REPORTING, AND ILLUSTRATING THE RESULT OF THE INVESTIGATIONS OF THE AGENCY.

THE FEDERAL SECURITY AGENCY APPROPRIATION ACT, 1950, APPROVED JUNE 29, 1949, 63 STAT. 285, UNDER THE HEADING FOOD AND DRUG ADMINISTRATION, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SALARIES AND EXPENSES: FOR NECESSARY EXPENSES FOR CARRYING OUT THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, AS AMENDED * * * REPORTING AND ILLUSTRATING THE RESULTS OF INVESTIGATIONS * * *.

SINCE IT HAS BEEN DETERMINED BY YOUR AGENCY THAT THE PROPOSED USE OF THE FILM WOULD CONSTITUTE AN EFFECTIVE MEANS OF REPORTING AND ILLUSTRATING THE RESULTS OF INVESTIGATIONS BY THE FOOD AND DRUG ADMINISTRATION, AND THAT THE FILM WOULD ALSO BE USEFUL IN EDUCATING THE PUBLIC TO RECOGNIZE AND REPORT VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, YOU ARE ADVISED THAT THIS OFFICE PERCEIVES NO OBJECTION TO THE PROPOSED RENTAL OF THE FILM UNDER A PROPER LEASE AGREEMENT.

WHILE THE AFORESAID LETTER STATES THAT RKO HAS OFFERED TO LEASE OR LICENSE COPIES OF THE FILM ON A DIMINISHING SLIDING SCALE FOR A 3-YEAR PERIOD, THERE IS TO BE NOTED THE FACT THAT THE APPROPRIATIONS MADE BY THE ABOVE-CITED APPROPRIATION ACT ARE AVAILABLE ONLY FOR THE FISCAL YEAR ENDING JUNE 30, 1950, AND THAT SECTIONS 3732 AND 3679, REVISED STATUTES, IN EFFECT, PROHIBIT THE INVOLVEMENT OF THE GOVERNMENT IN ANY CONTRACT OR OBLIGATION BEYOND THE EXTENT AND AVAILABILITY OF EXISTING APPROPRIATIONS UNLESS OTHERWISE AUTHORIZED BY LAW. 28 COMP. GEN. 553. IT FOLLOWS THAT THE PERIOD COVERED BY THE CONTEMPLATED LEASE WOULD BE REQUIRED TO BE LIMITED TO THE CURRENT FISCAL YEAR. HOWEVER, THERE WOULD BE NO LEGAL OBJECTION TO RESERVING TO THE GOVERNMENT BY THE TERMS OF SUCH LEASE AN OPTION TO RENEW THE SAME FROM YEAR TO YEAR ON THE BASIS OF THE REDUCED RATES OFFERED BY RKO, IF AGREEABLE TO RKO AND DETERMINED BY YOUR AGENCY TO BE IN BEST INTERESTS OF THE GOVERNMENT.