§ 713c-3. — Promotion of the free flow of domestically produced fishery products.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC713c-3]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15--ECONOMIC RECOVERY
SUBCHAPTER I--GENERALLY
Sec. 713c-3. Promotion of the free flow of domestically produced
fishery products
(a) Definitions
As used in this section--
(1) The term ``person'' means--
(A) any individual who is a citizen or national of the
United States or a citizen of the Northern Mariana Islands;
(B) any fishery development foundation or other private
nonprofit corporation located in Alaska; and
(C) any corporation, partnership, association, or other
entity (including, but not limited to, any fishery development
foundation or other private nonprofit corporation not located in
Alaska), nonprofit or otherwise, if such entity is a citizen of
the United States within the meaning of sections 802 and 803 of
title 46, Appendix, and for purposes of applying such sections
802 and 803 with respect to this section--
(i) the term ``State'' as used therein includes any
State referred to in paragraph (3),
(ii) citizens of the United States must own not less
than 75 percent of the interest in the entity or, in the
case of a nonprofit entity, exercise control in the entity
that is determined by the Secretary to be the equivalent of
such ownership, and
(iii) nationals of the United States and citizens of the
Northern Mariana Islands shall be treated as citizens of the
United States in meeting the ownership and control
requirements referred to in clause (ii).
(2) The term ``Secretary'' means the Secretary of Commerce.
(3) The term ``State'' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands of the United States, Guam, the Northern Mariana
Islands, and any other Commonwealth, territory, or possession of the
United States.
(4) The term ``United States fishery'' means any fishery,
including any tuna fishery, that is, or may be, engaged in by
citizens or nationals of the United States or citizens of the
Northern Mariana Islands.
(5) The term ``citizen of the Northern Mariana Islands'' means--
(A) an individual who qualifies as such under section 8 of
the Schedule on Transitional Matters attached to the
Constitution of the Northern Mariana Islands; or
(B) a corporation, partnership, association, or other entity
organized or existing under the laws of the Northern Mariana
Islands, not less than 75 percent of the interest in which is
owned by individuals referred to in subparagraph (A) or citizens
or nationals of the United States, in cases in which ``owned''
is used in the same sense as in sections 802 and 803 of title
46, Appendix.
(b) Transfer of funds
(1) The Secretary of Agriculture shall transfer to the Secretary
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, 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 only for--
(A) use by the Secretary--
(i) to provide financial assistance for the purpose of
carrying out fisheries research and development projects
approved under subsection (c) of this section,\1\
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\1\ So in original. The comma probably should be a semicolon.
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(ii) to implement the national fisheries research and
development program provided for under subsection (d) of this
section;
(iii) to implement the Northwest Atlantic Ocean Fisheries
Reinvestment Program established under section 1863 of title 16;
and
(iv) to fund the Federal share of a fishing capacity
reduction program established under section 1861a of title 16;
and
(B) the provision of moneys, subject to paragraph (2), to carry
out the purposes of the Fisheries Promotion Fund established under
section 208(a) \2\ of the Fish and Seafood Promotion Act of 1986 [16
U.S.C. 4008(a)].
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\2\ So in original. Probably should be section ``209(a)''.
(2) There are transferred from the fund established under paragraph
(1) to the Fisheries Promotion Fund referred to in paragraph (1)(B)
$750,000 in fiscal year 1987, $3,000,000 in each of fiscal years 1988
and 1989, and $2,000,000 in each of fiscal years 1990 and 1991.
(c) Fisheries research and development projects
(1) The Secretary shall make grants from the fund established under
subsection (b) of this section to assist persons in carrying out
research and development projects addressed to any aspect of United
States fisheries, including, but not limited to, harvesting, processing,
marketing, and associated infrastructures.
(2) The Secretary shall--
(A) at least once each fiscal year, receive, during a 60-day
period specified by him, applications for grants under this
subsection;
(B) prescribe the form and manner in which applications for
grants under this subsection must be made, including, but not
limited to, the specification of the information which must
accompany applications to ensure that the proposed projects comply
with Federal law and can be evaluated in accordance with paragraph
(3)(B); and
(C) approve or disapprove each such application before the close
of the 120th day after the last day of the 60-day period (specified
under subparagraph (a)) in which the application was received.
(3) No application for a grant under this subsection may be approved
unless the Secretary--
(A) is satisfied that the applicant has the requisite technical
and financial capability to carry out the project; and
(B) evaluates the proposed project as to--
(i) soundness of design,
(ii) the possibilities of securing productive results,
(iii) minimization of duplication with other fisheries
research and development projects,
(iv) the organization and management of the project,
(v) methods proposed for monitoring and evaluating the
success or failure of the project, and
(vi) such other criteria as the Secretary may require.
(4) Each grant made under this subsection shall be subject to such
terms and conditions as the Secretary may require to protect the
interests of the United States, including, but not limited to, the
following:
(A) The recipient of the grant must keep such records as the
Secretary shall require as being necessary or appropriate for
disclosing the use made of grant funds and shall allow the Secretary
and the Comptroller General of the United States, or any of their
authorized representatives, access to such records for purposes of
audit and examination.
(B) The amount of a grant may not be less than 50 percent of the
estimated cost of the project.
(C) The recipient of the grant must submit to the Secretary
periodic project status reports.
(5)(A) If the cost of a project will be shared by the grant
recipient, the Secretary shall accept, as a part or all of that share,
the value of in-kind contributions made by the recipient, or made
available to, and applied by, the recipient, with respect to the
project.
(B) For purposes of subparagraph (A), in-kind contributions may be
in the form of, but are not limited to, personal services rendered in
carrying out functions related to, and permission to use real or
personal property owned by others (for which consideration is not
required) in carrying out the project. The Secretary shall establish (i)
the training, experience, and other qualifications which shall be
required in order for services to be considered as in-kind
contributions; and (ii) the standards under which the Secretary will
determine the value of in-kind contributions for purposes of
subparagraph (A).
(C) Any valuation determination made by the Secretary for purposes
of this paragraph shall be conclusive.
(d) National fisheries research and development program
(1) The Secretary shall carry out a national program of research and
development addressed to such aspects of United States fisheries
(including, but not limited to, harvesting, processing, marketing, and
associated infrastructures) if not adequately covered by proj- ects
assisted under subsection (c) of this section, as the Secretary deems
appropriate.
(2) The Secretary shall, after consultation with appropriate
representatives of the fishing industry, submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Merchant Marine and Fisheries of the House of Representatives, an annual
report, that must be submitted not later than 60 days before the close
of each fiscal year, containing--
(A) the fisheries development goals and funding priorities under
paragraph (1) for the next fiscal year;
(B) a description of all pending projects assisted under
subsection (c) of this section or carried out under paragraph (1),
in addition to--
(i) a list of those applications approved and those
disapproved under subsection (c) of this section, and the total
amount of grants made, for the current fiscal year, and
(ii) a statement of the extent to which available funds were
not obligated or expended by the Secretary for grants under
subsection (c) of this section during the current fiscal year;
and
(C) an assessment of each project assisted under subsection (c)
of this section or carried out under paragraph (1) that was
completed in the preceding fiscal year regarding the extent to which
(i) the objectives of the proj- ect were attained, and (ii) the
project contributed to fishery development.
(e) Allocation of fund moneys
(1) Notwithstanding any other provision of law, all moneys in the
fund shall be used exclusively for the purpose of promoting United
States fisheries in accordance with the provisions of this section, and
no such moneys shall be transferred from the fund for any other purpose.
With respect to any fiscal year, all moneys in the fund, including the
sum of all unexpended moneys carried over into that fiscal year and all
moneys transferred to the fund under subsection (b) of this section or
any other provision of law with respect to that fiscal year, shall be
allocated as follows:
(A) the Secretary shall use no less than 60 per centum of such
moneys to make direct industry assistance grants to develop the
United States fisheries and to expand domestic and foreign markets
for United States fishery products pursuant to subsection (c) of
this section; and
(B) the Secretary shall use the balance of the moneys in the
fund to finance those activities of the National Marine Fisheries
Service which are directly related to development of the United
States fisheries pursuant to subsection (d) of this section.
(2) The Secretary shall, consistent with the number of meritorious
applications received with respect to any fiscal year, obligate or
expend all of the moneys in the fund described in paragraph (1). Any
such moneys which are not expended in a given fiscal year shall remain
available for expenditure in accordance with this section without fiscal
year limitation, except that the Secretary shall not obligate such
moneys at a rate less than that necessary to prevent the balance of
moneys in the fund from exceeding $3,000,000 at the end of any fiscal
year.
(Aug. 11, 1939, ch. 696, Sec. 2, 53 Stat. 1412; July 1, 1954, ch. 447,
68 Stat. 376; Aug. 8, 1956, ch. 1036, Sec. 12(b), 70 Stat. 1124; Pub. L.
89-348, Sec. 1(13), Nov. 8, 1965, 79 Stat. 1311; Pub. L. 96-561, title
II, Sec. 210, Dec. 22, 1980, 94 Stat. 3287; Pub. L. 97-424, title IV,
Sec. 423(a), Jan. 6, 1983, 96 Stat. 2164; Pub. L. 99-659, title II,
Sec. 209(e), Nov. 14, 1986, 100 Stat. 3721; Pub. L. 101-627, title VII,
Sec. 703, Nov. 28, 1990, 104 Stat. 4463; Pub. L. 102-567, title IX,
Sec. 902(c), Oct. 29, 1992, 106 Stat. 4319; Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009-41; Pub. L. 104-297, title I, Sec. 116(c), Oct. 11, 1996, 110
Stat. 3603.)
Amendments
1996--Subsec. (b)(1)(A)(iii). Pub. L. 104-208 made technical
amendment to reference in original act which appears in text as
reference to section 1863 of title 16.
Subsec. (b)(1)(A)(iv). Pub. L. 104-297 added cl. (iv).
Pub. L. 104-208 made technical amendment to reference in original
act which appears in text as reference to section 1861a of title 16.
1992--Subsec. (b)(1)(A). Pub. L. 102-567 struck out ``and'' at end
of cl. (i) and added cl. (iii).
1990--Subsec. (b)(2). Pub. L. 101-627 substituted ``each of fiscal
years 1990 and 1991'' for ``fiscal year 1990''.
1986--Subsec. (b). Pub. L. 99-659 designated existing provisions as
introductory provisions and subpar. (A) of par. (1) and added pars.
(1)(B) and (2).
1983--Subsec. (e). Pub. L. 97-424 amended subsec. (e) generally,
which formerly had provided:
``(1) With respect to any fiscal year, not less than 50 percent of--
``(A) the moneys transferred to the fund under subsection (b) of
this section or any other provision of law with respect to that
fiscal year; and
``(B) such existing fund moneys carried over into that fiscal
year;
shall be used by the Secretary during that fiscal year to provide
financial assistance for projects under subsection (c) of this section;
and the remainder of such moneys in the fund shall be used to implement
the national fisheries research and development program established
under subsection (d) of this section during that fiscal year.
``(2) Moneys accruing to the fund established under subsection (b)
of this section for any fiscal year and not expended with respect to
that year shall remain available for expenditure under this section
without fiscal year limitation.''
1980--Subsec. (a). Pub. L. 96-561, Sec. 210(2), (3), added subsec.
(a) and redesignated former subsec. (a) as (b).
Subsec. (b). Pub. L. 96-561, Sec. 210(1), (2), (4), redesignated
subsec. (a) as (b), substituted ``transfer to the Secretary'' for
``transfer to the Secretary of Commerce'', ``only for use by the
Secretary'' for ``and used by the Secretary of Commerce'', and provision
directing that the fund be used to provide financial assistance for
carrying out fisheries research and development projects and to
implement the national fisheries research and development program for
provision directing that the fund be used to promote free flow of
domestically produced fisheries products by conducting a fishery
educational service and fishery technological, biological, and related
research programs, to acquire, construct, or maintain vessels and other
facilities necessary for conducting research, to develop and increase
markets for fishery products of domestic origin, and to conduct any
biological, technological, or other research pertaining to American
fisheries, and struck out former subsec. (b) which authorized any agency
or wholly owned government corporation of the United States to transfer
to the Secretary of Commerce any vessels or equipment excess to its
needs.
Subsec. (c). Pub. L. 96-561, Sec. 210(1), (5), added subsec. (c) and
struck out former subsec. (c) which directed the Secretary of Commerce
to cooperate with other Federal, State, and local agencies for promotion
of free flow of domestically produced fishery products and provided for
the appointment of an advisory committee of the American fisheries
industry to advise the Secretary in formulation of policy, rules, and
regulations.
Subsec. (d). Pub. L. 96-561, Sec. 210(1), (5), added subsec. (d) and
struck out former subsec. (d) which authorized the Secretary of Commerce
to retransfer any funds available under this section, not to exceed
$1,500,000, to the Secretary of Agriculture to be used for the purposes
specified in section 713c-2 of this title.
Subsec. (e). Pub. L. 96-561, Sec. 210(1), (5), added subsec. (e) and
struck out former subsec. (e) which provided that the special fund
created for use of the Secretary of Commerce under subsec. (a) of this
section and the annual accruals thereto be available for each year until
expended by the Secretary.
1965--Subsec. (f). Pub. L. 89-348 repealed subsec. (f) which
required an annual report to the appropriate committees of Congress on
the use of the separate fund.
1956--Subsec. (e). Act Aug. 8, 1956, struck out 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
Agriculture.
1954--Act July 1, 1954, amended section generally, to encourage the
distribution of fishery products.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Effective Date of 1983 Amendment
Section 423(b) of Pub. L. 97-424 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall take
effect on October 1, 1983.''
Short Title
Section 2 of act Aug. 11, 1939, which enacted this section, is
popularly known as the ``Saltonstall-Kennedy Act''.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(d)(2) of this section relating to submitting annual report to Congress,
see section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 50 of House
Document No. 103-7.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Transfer of Functions
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government
Organization and Employees.
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), [now subsec. (b) of this
section], shall be continued for the year ending June 30, 1957, and each
year thereafter.''
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 713c-2 of this title; title
16 sections 1861a, 1863, 4008.
