SEC. 2.12(a) The Secretary of Agriculture shall transfer to the Secretary of the Interior 13 each fiscal year, beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957,14 from moneys made available to carry out provisions of section 32 of such Act of August 24, 1935, an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws on fishery products (including fish, shellfish, mollusks, crustacea, aquatic plants and animals, and any products thereof, including processed and manufactured products), which shall be maintained in a separate fund and used by the Secretary of the Interior (1) to promote the free flow of domestically produced fishery products in commerce by conducting a fishery educational service and fishery technological, biological and related research programs, the moneys so transferred to be also available for the purchase or other acquisition, construction, equipment, operation, and maintenance of vessels or other facilities necessary for conducting research as provided for in this section, and (2) to develop and increase markets for fishery products of domestic origin and (3) to conduct any biological, technological, or other research pertaining to American fisheries.

(b) For the purposes of this section, any agency of the United States, or any corporation wholly owned by the United States, is authorized to transfer, without reimbursement or transfer of funds, any vessels or equipment excess to its need required by the Secretary of the Interior for the activities, studies, and research authorized herein.

(c) In carrying out the purposes and objectives of this section, the Secretary of the Interior is directed as far as practicable to cooperate with other appropriate agencies of the Federal Government, with State or local governmental agencies, private agencies, organizations, or individuals, having jurisdiction over or an interest in fish or fishery commodities and he is authorized to appoint an advisory committee of the American fisheries industry to advise him in the formulation of policy, rules and regulations pertaining to requests for assistance, and other matters.

(d) The Secretary of the Interior is further authorized to retransfer any of the funds not to exceed $1,500,000 to be made available under this section to the Secretary of Agriculture to be used for the purposes specified in section 1 of this Act, and only such funds as are thus transferred shall be used for the purposes specified in section 1 of this Act with respect to domestically produced fishery products.

(e) The separate fund created for the use of the Secretary of the Interior under section 2(a) of this Act and the annual accruals thereto shall be available for each year until expended by the Secretary.15 (15 U.S.C. 713c-3.)

12 The provisions of this section were substituted for the original provisions by the Act of July 1, 1954, 68 Stat. 376.

13 These funds are currently being transferred to the Secretary of Commerce rather than to the Secretary of Interior pursuant to Reorganization Plan No. 4 of 1970, 84 Stat. 2090, transmitted July 9, 1970, effective October 3, 1970 (5 U.S.C., App.).

14 Section 12 (a) of the Act of August 8, 1956 (70 Stat. 1124, 15 U.S.C. 713c-3, note) provides:

"The authorization for the transfer of certain funds from the Secretary of Agriculture to the Secretary of the Interior and their maintenance in a separate fund as contained in section 2(a) of the Act of August 11, 1939, as amended July 1, 1954 (68 Stat. 376), shall be continued for the year ending June 30, 1957, and each year thereafter."

15 Subsection (e) was amended by the Act of August 8, 1956, 70 Stat. 1124. Former subsection (f) providing for reports by the Secretary of the Interior was repealed by the Act of November 8, 1965, 79 Stat. 1311.

SUBPART F. COMMODITY DONATIONS

[A number of authorities for donations are found in the following statutes which are set forth in other parts of this compilation as indicated:

Page

Clause 2 of Section 32 of the Act of August 24, 1935 (programs to encourage domestic consumption) ___

Act of June 28, 1937, as amended (donation for relief purposes and nonprofit children's summer camps)__

230

231

Sections 6, 9, and 13 of the National School Lunch Act (donation for child nutrition programs) -

264, 266, 273

Title II of the Agricultural Trade Development and Assistance Act of 1954, as amended (donations for famine relief and other assistance abroad)

Section 8 of Child Nutrition Act of 1966_.

Section 238 of the Disaster Relief Act of 1970__

224 284

285

In addition to the foregoing, there are also the following statutes relating to donation; some of which affect one or more of the above authorities.]

DISPOSITION OF COMMODITIES TO PREVENT WASTE

Agricultural Act of 1949-SEC. 416.1 In order to prevent the waste of commodities whether in private stocks or 2 acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the Commodity Credit Corporation is authorized, on such terms and under such regulations as the Secretary may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs,3 in

1The provisions of this section were substituted for the previous provisions by section 302 of the Agricultural Trade Development and Assistance Act of 1954, 68 Stat. 458. See section 9 of the Act of September 6, 1958, 72 Stat. 1792 (on p. 238) providing for distribution of commodities under section 416 to overseas areas under the jurisdiction or administration of the United States.

The Food for Peace Act of 1966, 80 Stat. 1538, approved November 11, 1966, deleted all references to foreign donations from section 416, effective January 1, 1967.

The words "whether in private stocks or" were added by the Act of July 24, 1959,

73 Stat. 250.

3 See Act of September 13, 1960, 74 Stat. 899, as amended, (p. 237) authorizing the use of surplus foods for training home economics students.

nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served. In the case of (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under (3). The Commodity Credit Corporation may pay, with respect to commodities disposed of under this section, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency. In addition, in the case of food commodities disposed of under this section, the Commodity Credit Corporation may pay the cost of processing such commodities into a form suitable for home or institutional use, such processing to be accomplished through private trade facilities to the greatest extent possible. For the purpose this section the terms "State" and "United States" include the District of Columbia and any Territory or possession of the United States. Dairy products acquired by the Commodity Credit Corporation through price support operations may, insofar as they can be used in the United States in nonprofit school lunch and other nonprofit child feeding programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served, be donated for any such use prior to any other use or disposition." (7 U.S.C. 1431.)

DOMESTIC DISPOSAL OF DAIRY PRODUCTS

of

Agricultural Act of 1954-SEC. 204. (c) In order to prevent the accumulation of excessive inventories of dairy products the Secretary of Agriculture shall undertake domestic disposal programs under authorities granted in the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949, as amended, or as otherwise authorized by law. (7 U.S.C. 1446c.)

PURCHASE OF DAIRY PRODUCTS

Food and Agriculture Act of 1965-SEC. 709.8 The Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market prices to meet the requirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief

The words "in nonprofit summer camps for children," were added by the Act of July 2, 1958, 72 Stat. 286.

This sentence was added by the Agricultural Act of 1956, 70 Stat. 203.
This sentence was added by the Act of April 17, 1970, 84 Stat. 199.

768 Stat. 910.

79 Stat. 1212, approved November 3, 1965, amended by the Act of November 11, 1966, 80 Stat. 1538. The words "foreign distribution" appearing after the words "community action" were deleted by the Act of November 11, 1966.

distribution, community action, and such other programs as are authorized by law, when there are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes. (7 U.S.C. 1446a-1.)

TRANSFER OF DAIRY PRODUCTS TO THE MILITARY AND VETERANS HOSPITALS

Agricultural Act of 1949-SEC. 202. As a means of increasing the utilization of dairy products (including for purposes of this section, milk) upon the certification by the Administrator of Veterans' Affairs or by the Secretary of the Army, acting for the military departments under the Department of Defense's Service Purchase Assignment for Subsistence, or their duly authorized representatives that the usual quantities of dairy products have been purchased in the normal channels of trade

(a) The Commodity Credit Corporation until December 31, 1973,10 shall make available to the Administrator of Veterans' Affairs at warehouses where dairy products are stored, such dairy products acquired under price-support programs as the Administrator certifies that he requires in order to provide butter and cheese and other dairy products as a part of the ration in hospitals under his jurisdiction. The Administrator shall report every six months 11 to the Committees on Agriculture of the Senate and House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.

(b) The Commodity Credit Corporation until December 31, 1973,10 shall make available to the Secretary of the Army, at warehouses where dairy products are stored, such dairy products acquired under pricesupport programs as the Secretary of the Army or his duly authorized representative certifies can be utilized in order to provide additional butter and cheese and other dairy products as a part of the ration (1) of the Army, Navy, Air Force, or Coast Guard, (2) in hospitals under the jurisdiction of the Department of Defense, and (3) of cadets and midshipmen at, and other personnel assigned to, the United States Merchant Marine Academy. The Secretary of the Army shall report every six months to the Committees on Agriculture of the Senate and the House of Representatives and the Secretary of Agriculture the amount of dairy products used under this subsection.

(c) Dairy products made available under this section shall be made available without charge except that the Secretary of the Army or the Administrator of Veterans' Affairs shall pay the Commodity Credit Corporation the costs of packaging incurred in making such products so available.

• Section 202 added by section 204 (d) of the Agricultural Act of 1954, 68 Stat. 900.

10 "1973" substituted for "1970" by section 203 of the Agricultural Act of 1970, 84 Stat. 1361.

11 "every six months" substituted for "monthly" by the Act of June 25, 1962, 76 Stat.

SURPLUS FOODS FOR HOME ECONOMIC COURSES

ACT OF SEPTEMBER 13, 1960," AS AMENDED

To authorize the Commodity Credit Corporation to donate dairy products and other agricultural commodities for use in home economics courses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That schools receiving surplus foods pursuant to clause (3) of section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) or section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c) are authorized to use such foods in training students in home economics, including college students if the same facilities and instructors are used for training both high school and college students in home economics courses. (7 U.S.C. 1431 note.)

DONATIONS OF PROCESSED GRAIN FOOD PRODUCTS
ACT OF AUGUST 19, 1958," AS AMENDED

Authorizing Commodity Credit Corporation to purchase flour and cornmeal and donating same for certain domestic and foreign purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That at any time Commodity Credit Corporation has any grain available for donation pursuant to clause (3) or (4) 14 of section 416 of the Agricultural Act of 1949, as amended, section 210 of the Agricultural Act of 1956, or title II of the Agricultural Trade Development and Assistance Act, as amended, the Corporation, in lieu of processing all or any part of such grain into human food products, may purchase such processed food products in quantities not to exceed the equivalent of the respective grain available for donation on the date of such purchase and donate such processed food products pursuant to clause (3) or (4)1 of such section 416, and to such section 210, and make such processed food products available to the President pursuant to such title II, and may sell, without regard to the provisions of section 407 of the Agricultural Act of 1949, as amended, a quantity of the grain equivalent to the processed food products so purchased: Provided, That no food product purchased pursuant to the authority contained herein shall constitute less than 50 per centum by weight of the grain from which processed, or contain any additive other than for normal vitamin enrichment, preservative, and bleaching purposes. (7 U.S.C. 1431, note.)

DONATIONS TO PENAL AND CORRECTIONAL INSTITUTIONS

Agricultural Act of 1956-SEC. 210.15 Notwithstanding any other limitations as to the disposal of surplus commodities acquired through price support operations, the Commodity Credit Corporation is authorized on such terms and under such regulations as the Secretary

12 74 Stat. 899. Amended by Act of August 30, 1961, 75 Stat. 411.

13 72 Stat. 635. Amended by Act of August 31, 1964, 78 Stat. 755

14 Clause (4) of section 416 was repealed by the Food for Peace Act of 1966, 80 Stat. 1538. 15 70 Stat. 202.