B-99042, JANUARY 15, 1951, 30 COMP. GEN. 305

B-99042, JANUARY 15, 1951, 30 COMP. GEN. 305

PRINTING - GALLEY PROOF REVISIONS - COMMERCIAL SOURCES - STATUTORY RESTRICTIONS THE REVISION OF GALLEY PROOFS INCIDENT TO THE PRINTING OF MANUSCRIPTS IS AN INHERENT PART OF THE PROCESS OF PRINTING AND CONSTITUTES PRINTING WITHIN CONTEMPLATION OF THE ACT OF MARCH 1, 1919, AS AMENDED, REQUIRING ALL PRINTING TO BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS EXEMPTION THEREFROM IS GRANTED BY JOINT COMMITTEE ON PRINTING, SO THAT, IN THE ABSENCE OF AN EXEMPTION BY SUCH COMMITTEE, FUNDS APPROPRIATED FOR PRINTING AND BINDING MAY NOT BE USED FOR THE PAYMENT OF ALTERATION CHARGES BY COMMERCIAL FIRMS IN CONNECTION WITH REVISION OF GALLEY PROOFS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, JANUARY 15, 1951:

REFERENCE IS MADE TO LETTER OF OCTOBER 24, 1950, FROM THE UNDER SECRETARY REQUESTING A DECISION AS TO THE AVAILABILITY OF APPROPRIATED FUNDS FOR THE PAYMENT TO COMMERCIAL CONCERNS OF ALTERATION CHARGES IN CONNECTION WITH REVISION OF GALLEY PROOFS INCIDENT TO THE PRINTING OF MANUSCRIPTS PREPARED BY EMPLOYEES OF YOUR DEPARTMENT COVERING DATA AND INFORMATION OBTAINED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND PUBLISHED IN CERTAIN PRIVATE TECHNICAL AND SCIENTIFIC JOURNALS AND SIMILAR PERIODICALS.

IT IS INDICATED IN THE LETTER THAT, AFTER A WRITING HAS BEEN PREPARED AND SUBMITTED TO THE PRINTING CONCERNS, IT OCCASIONALLY HAPPENS THAT THE PRINTING IS DELAYED AND THAT THE AUTHOR, UPON REVIEW OF THE GALLEY PROOFS, MAKES ALTERATIONS OR CHANGES IN THE PROOFS TO REFLECT INFORMATION ACQUIRED SUBSEQUENT TO THE PREPARATION OF THE ARTICLE; THAT SOME PRINTING CONCERNS HAVE ESTABLISHED CHARGES AT THE RATE OF $4.38 PER HOUR FOR THE RESULTING CHANGES WHICH THEY HAVE TO MAKE IN THE GALLEYS AND BILLED YOUR DEPARTMENT THEREFOR; AND THAT THE CHARGES HAVE EITHER BEEN PAID BY THE AUTHORS FROM THEIR PERSONAL FUNDS OR HAVE REMAINED AS UNPAID ACCOUNTS SINCE YOUR DEPARTMENT CONSIDERED THAT SUCH CHARGES ARE NOT PAYABLE FROM APPROPRIATED FUNDS IN THE ABSENCE OF AN EXEMPTION FROM THE REQUIREMENTS OF THE SECOND PROVISO OF SECTION 11 OF THE ACT OF MARCH 1, 1919, AS AMENDED BY THE ACT OF JULY 5, 1949, PUBLIC LAW 156, 63 STAT. 405, 44 U.S.C. 111, WHICH READS, IN PERTINENT PART, AS FOLLOWS:

* * * PROVIDED FURTHER, THAT ALL PRINTING, BINDING, AND BLANK-BOOK WORK FOR * * * EVERY EXECUTIVE DEPARTMENT * * * SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT (1) SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE * * *.

THERE CAN BE NO QUESTION BUT THAT THE PREPARATION OF REVISED GALLEY PROOFS IS AN INHERENT PART OF THE PROCESS OF PRINTING. HENCE, IT MUST BE CONCLUDED THAT THE REVISION OF THE GALLEY PROOFS CONSTITUTES "PRINTING" AS THAT TERM IS USED IN THE 1919 ACT, AS AMENDED, AS THIS OFFICE CANNOT AUTHORIZE THE USE OF APPROPRIATED FUNDS FOR THE COST THEREOF IN THE ABSENCE OF AN EXEMPTION FROM THE PROVISIONS OF THAT ACT. IF SUCH AN EXEMPTION BE GRANTED, THE APPROPRIATIONS OF YOUR DEPARTMENT AVAILABLE FOR PRINTING AND BINDING WOULD BE AVAILABLE FOR THE PAYMENT OF ALTERATIONS CHARGES SUCH AS HERE INVOLVED.