2. FUNDS FOR VOCATIONAL EDUCATION IN THE FISHERY TRADES

Act of June 8, 1936 (49 Stat. 1489), as amended (20 U.S.C. 15j(a))

APPROPRIATIONS FOR VOCATIONAL EDUCATION; USE OF FUNDS; MINIMUM AMOUNTS-FISHERY TRADES

SEC. 3. (a) For the purpose of assisting the several States and Territories in the further development of vocational education, there is authorized to be appropriated for the fiscal year beginning July 1, 1946, and annually thereafter

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(5) $375,000 for vocational education in the fishery trades and industry and distributive occupations therein, to be apportioned for expenditure in the several States and Territories on an equitable basis, as determined by the United States Commissioner of Education after consultation with the Secretary of the Interior, taking into account the extent of the fishing industry of each State and Territory as compared with the total fishing industry of the United States (including Territories).

1956.-Act Aug. 2, 1956, amended credit to section by designating act Aug. 1, 1946, as "title I, § 101."

Subsec. (a) (5) added by act Aug. 8, 1956, § 2(a). Subsec. (b) amended by act Aug. 8, 1956, § 2(b), which substituted "paragraphs (1) to (5)" for "paragraphs (1) to (4)”.

1946.-Act Aug. 1, 1946, amended section generally to provide for funds for vocational education in various subjects, for maintenance of programs for teacher-training, etc., and for the minimum amount to be available to any State or Territory. Prior to amendment, this section related only to funds for preparing teachers, supervisors and directors of agricultural, trade and industrial and home economics subjects, with provisions for allotment to States and Territories and minimum amounts.

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H. Surplus fishery products

1. PURCHASE AND DISTRIBUTION OF SURPLUS FISHERY PRODUCTS

(SALTONSTALL-KENNEDY ACT)

Act of August 11, 1939 (53 Stat. 1411), as amended (15 U.S.C. 713c-2—713c-3)

PURCHASE AND DISTRIBUTION OF SURPLUS FISHERY PRODUCTS

SECTION 1. Any part of the funds not to exceed $1,500,000 per year, created under and to carry out the provisions of section 612c of Title 7, U.S. Code, may also be used by the Secretary of Agriculture for the purpose of diverting surplus fishery products (including fish, shellfish, mollusks, and crustacea) from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief channels: Provided, That none of the funds made available to the Secretary of Agriculture under this section and section 2 of this Act shall be used to purchase any of the commodities designated in this section which may have been produced in any foreign country. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this section and section 2 of this Act. (Aug. 11, 1939, ch. 696, § 1, 53 Stat. 1411; 1940 Reorg. Plan No. III, § 5, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 É.R. 7877, 60 Stat. 1100.)

CODIFICATION

The first part of this section originally read: "Any part of the funds not to exceed $1,500,000 per year, transferred by the Secretary of Agriculture to the Federal Surplus Commodities Corporation created under and to carry out the provisions of section 612c of Title 7, U.S. Code, may also be used by such Corporation", etc., and the reference in the proviso to the Secretary of Agriculture originally_read: "Federal Surplus Commodities Corporation". See Transfer of Functions note below.

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 511 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code.

Functions of Surplus Marketing Administration and Agricultural Adjustment Administration were transferred to Sec

retary of Agriculture by 1946 Reorg. Plan No. 3, set out in note under section 133y-16 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code. See notes under sections 610 and 612a of Title 7, Agriculture, U.S. Code.

Federal Surplus Commodities Corporation and Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration and their functions were consolidated into Surplus Marketing Administration in Department of Agriculture by 1940 Reorg. Plan No. III, set out in note under section 133t of Title 5. See also sections 8 and 9 of 1940 Reorg. Plan No. III for provisions relating to transfer of records, property, personnel, and funds.

SIMILAR PROVISIONS

Earlier provisions on this subject were contained in Act Mar. 5, 1937, ch. 29, 50 Stat. 27, and in Joint Res. Apr. 12, 1937, ch. 73, 50 Stat. 61. The former forbade acquisition of commodities thereunder after 90 days after its enactment, but permitted distribution of commodities after such period. The latter made funds available to be used in accordance with the provisions of the former.

Joint Res. April 12, 1937, ch. 73, 50 Stat. 61, provided as follows: "That not to exceed $1,000,000 of the funds available to the Federal Surplus Commodities Corporation may be used by such Corporation for the purpose of diverting surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by the acquisition and distribution thereof in accordance with the provisions of the Act entitled 'An Act to authorize the purchase and distribution of products of the fishing industry', approved March 3, 1937."

Act Mar. 5, 1937, ch. 29, 50 Stat. 27, provided as follows: "That there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $2,000,000 for the purpose of enabling the Federal Surplus Commodities Corporation to divert surplus fish (including shellfish) and the products thereof from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, State, and private relief agencies. No commodities shall be acquired under this Act after ninety days after the date of its enactment: Provided, however, That distribution thereof may extend beyond said period. The provisions of law relating to the acquisition of materials or supplies for the United States shall not apply to the acquisition of commodities under this Act."

PROMOTION OF THE FREE FLOW OF DOMESTICALLY PRODUCED FISHERY

PRODUCTS

TRANSFER OF FUNDS

SEC. 2. (a) The Secretary of Agriculture shall transfer to the Secretary of the Interior each fiscal year, beginning with the fiscal year

commencing July 1, 1954, and ending on June 30, 1957, from moneys made available to carry out the provisions of section 612c of Title 7, U.S. Code, 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.

TRANSFER OF VESSELS OR EQUIPMENT BY AGENCIES

(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 needs required by the Secretary of the Interior for the activities, studies, and research authorized herein.

COOPERATION BY SECRETARY OF INTERIOR WITH OTHER AGENCIES, ETC.; ADVISORY

COMMITTEE

(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 agenices of the Federal Government, with State or local governmental agencies, private agencies, or 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 assist-ance, and other matters.

RETRANSFER OF FUNDS

(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 2 of this Act and only such funds as are thus transferred shall be used for the purposes specified in section 2 of this Act. with respect to domestically produced fishery products.

AVAILABILITY OF FUNDS

(e) The separate fund created for the use of the Secretary of the Interior under subsection (a) of this section and the annual accruals. thereto shall be available for each year hereafter until expended by the Secretary.

REPORTS TO CONGRESSIONAL COMMITTEES

(f) The Secretary of the Interior shall make a report to the appropriate committees of Congress annually on the use of the separate fund created under this section. (Aug. 11, 1939, ch. 696, § 2, 53 Stat. 1412;

July 1, 1954, ch. 447, 68 Stat. 376; Aug. 8, 1956, ch. 1036, § 12(b), 70 Stat. 1124.)

AMENDMENTS

1956-Subsec. (e) amended by Act Aug. 8 1956, to eliminate provisions which limited expenditures to not more than $3,000,000 in any fiscal year, restricted the balance of the fund to not more than $5,000,000 at the end of any fiscal year, and required the Secretary of the Interior to retransfer funds in excess of the $5,000,000 to the Secretary of Agricul

ture.

1954.-Act of July 1, 1954, amended section generally further to encourage the distribution of fishery products.

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 511 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code.

CONTINUATION OF AUTHORIZATION FOR TRANSFER OF FUNDS

Section 12(a) of Act Aug. 8, 1956, provided that: "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), [subsection (a) of this section], shall be continued for the year ending June 30, 1957, and each year thereafter."