A-67138, NOVEMBER 27, 1935, 15 COMP. GEN. 446

A-67138: Nov 27, 1935

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IS AVAILABLE FOR THE DEVELOPMENT AND OPERATION OF SUCH PROGRAM FOR SAID INDUSTRY AS IS AUTHORIZED BY THE ACT OF AUGUST 24. WHEN SUCH HANDLING IS CONSTRUED TO BE IN THE CURRENT OF INTERSTATE OR FOREIGN COMMERCE OR WHEN IT DIRECTLY BURDENS. AN IMMEDIATE AND PRESSING NEED TO DEVELOP AND OPERATE A PROGRAM IS EXPRESSED BY MEMBERS OF THE INDUSTRY. THE HANDLERS OF ANTI-HOG CHOLERA SERUM AND HOG-CHOLERA VIRUS HAVE STRONGLY INDICATED A DESIRE TO ENTER INTO A MARKETING AGREEMENT WITH THE SECRETARY OF AGRICULTURE. INASMUCH AS NO SPECIFIC APPROPRIATION WAS MADE BY THE 74TH CONGRESS FOR THE PURPOSES OF SECTIONS 56 TO 60. THERE IS SUBMITTED FOR YOUR DECISION THE QUESTION OF WHETHER ANY OF THE SUMS APPROPRIATED UNDER ACTS HEREINAFTER MENTIONED ARE AVAILABLE FOR THE PURPOSES OF ADMINISTERING AN ANTI-HOG-CHOLERA SERUM AND HOG CHOLERA PROGRAM PURSUANT TO THE STATUTE.

A-67138, NOVEMBER 27, 1935, 15 COMP. GEN. 446

HOG-CHOLERA SERUM AND VIRUS INDUSTRY PROGRAM - AGRICULTURAL ADJUSTMENT ADMINISTRATION THE UNEXPENDED BALANCE OF FUNDS MADE AVAILABLE TO THE DEPARTMENT OF AGRICULTURE UNDER THE NATIONAL INDUSTRIAL RECOVERY ACT, 48 STAT. 195, IN CONNECTION WITH THE FUNCTIONS AND POWERS DELEGATED BY THE PRESIDENT TO THE SECRETARY OF AGRICULTURE WITH RESPECT TO THE HOG-CHOLERA SERUM AND VIRUS INDUSTRY, IS AVAILABLE FOR THE DEVELOPMENT AND OPERATION OF SUCH PROGRAM FOR SAID INDUSTRY AS IS AUTHORIZED BY THE ACT OF AUGUST 24, 1935, 49 STAT. 781, 782.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, NOVEMBER 27, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 30, 1935, AS FOLLOWS:

SECTIONS 56 TO 60, INCLUSIVE, OF PUBLIC, NO. 320, 74TH CONGRESS, APPROVED AUGUST 24, 1935, AN ACT TO AMEND THE AGRICULTURAL ADJUSTMENT ACT, AND FOR OTHER PURPOSES, AUTHORIZES THE SECRETARY OF AGRICULTURE TO ENTER INTO MARKETING AGREEMENTS WITH MANUFACTURERS AND OTHERS ENGAGED IN THE HANDLING OF ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS, WHEN SUCH HANDLING IS CONSTRUED TO BE IN THE CURRENT OF INTERSTATE OR FOREIGN COMMERCE OR WHEN IT DIRECTLY BURDENS, OBSTRUCTS, OR AFFECTS INTERSTATE OR FOREIGN COMMERCE IN SUCH SERUM OR VIRUS. AN IMMEDIATE AND PRESSING NEED TO DEVELOP AND OPERATE A PROGRAM IS EXPRESSED BY MEMBERS OF THE INDUSTRY, AND THE HANDLERS OF ANTI-HOG CHOLERA SERUM AND HOG-CHOLERA VIRUS HAVE STRONGLY INDICATED A DESIRE TO ENTER INTO A MARKETING AGREEMENT WITH THE SECRETARY OF AGRICULTURE, UNDER AUTHORITY OF THE ABOVE ACT.

INASMUCH AS NO SPECIFIC APPROPRIATION WAS MADE BY THE 74TH CONGRESS FOR THE PURPOSES OF SECTIONS 56 TO 60, INCLUSIVE, OF PUBLIC, NO. 320, THERE IS SUBMITTED FOR YOUR DECISION THE QUESTION OF WHETHER ANY OF THE SUMS APPROPRIATED UNDER ACTS HEREINAFTER MENTIONED ARE AVAILABLE FOR THE PURPOSES OF ADMINISTERING AN ANTI-HOG-CHOLERA SERUM AND HOG CHOLERA PROGRAM PURSUANT TO THE STATUTE.

THE AGRICULTURAL ADJUSTMENT ADMINISTRATION HAS BEEN ALLOCATED CERTAIN FUNDS BY THE NATIONAL RECOVERY ADMINISTRATION (NATIONAL RECOVERY ADMINISTRATION TREASURY WARRANT, NO. 18, ISSUED JULY 9, 1935) FOR THE FISCAL YEAR 1936. THESE FUNDS ARE FOR THE GENERAL PURPOSE OF EFFECTUATING THE PROVISIONS OF EXECUTIVE ORDER NO. 7076, IN WHICH THE PRESIDENT PROVIDED FOR CONTINUATION OF CERTAIN NATIONAL RECOVERY ADMINISTRATION FUNCTIONS AND THE PERPETUATION OF CERTAIN ACTIVITIES THERETOFORE UNDERTAKEN UNDER VOLUNTARY CODES. THE DEVELOPMENT AND OPERATION OF A PROGRAM FOR THE ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS INDUSTRY UNDER SECTIONS 56 TO 60, INCLUSIVE, OF THE AMENDED AGRICULTURAL ADJUSTMENT ACT, WILL BE SIMILAR TO THAT WHICH HAS BEEN ADMINISTERED BY THE CODE AUTHORITY FOR THAT INDUSTRY UNDER THE CODE OF FAIR COMPETITION FOR THE ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS INDUSTRY, UNDER THE AGRICULTURAL ADJUSTMENT ADMINISTRATION AND THE NATIONAL RECOVERY ADMINISTRATION.

IF IT IS DECIDED THAT THIS MONEY IS NOT AVAILABLE, YOUR DECISION IS REQUESTED AS TO WHETHER ANY OF THE FOLLOWING APPROPRIATIONS MAY BE USED:

(1) SUMS APPROPRIATED UNDER SECTION 12 OF THE AGRICULTURAL ADJUSTMENT ACT, AS AMENDED (INCLUDING THE SUMS DESCRIBED IN SECTION 12 (C) OF THE AGRICULTURAL ADJUSTMENT ACT, AS AMENDED);

(2) SUMS APPROPRIATED TO THE BUREAU OF ANIMAL INDUSTRY OF THE DEPARTMENT OF AGRICULTURE UNDER THE CURRENT APPROPRIATION ACT (FISCAL YEAR ENDING JUNE 30, 1936), FOR THE ENFORCEMENT OF THE ACT OF MARCH 4,1913 (U.S.C., TITLE 21, SECTIONS 151-158);

(3) FUNDS MADE AVAILABLE BY THE SO-CALLED "GEORGE AMENDMENT" TO SECTION 1 OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 (PUBLIC RESOLUTION, NO. 11, 74TH CONGRESS).

IF ANY ADDITIONAL INFORMATION IS DESIRED, IT WILL BE GLADLY FURNISHED.

AS STATED IN YOUR SUBMISSION NO APPROPRIATION IS SPECIFICALLY MADE FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS 56 TO 60, INCLUSIVE, OF THE ACT OF AUGUST 24, 1935, 49 STAT. 781, 782; SECTIONS 56 AND 57 OF THE ACT PROVIDE AS FOLLOWS:

SEC. 56. IT IS HEREBY DECLARED TO BE THE POLICY OF CONGRESS TO INSURE THE MAINTENANCE OF AN ADEQUATE SUPPLY OF ANTI-HOG-CHOLERA SERUM AND HOG- CHOLERA VIRUS BY REGULATING THE MARKETING OF SUCH SERUM AND VIRUS IN INTERSTATE AND FOREIGN COMMERCE, AND TO PREVENT UNDUE AND EXCESSIVE FLUCTUATIONS AND UNFAIR METHODS OF COMPETITION AND UNFAIR TRADE PRACTICES IN SUCH MARKETING.

SEC. 57. IN ORDER TO EFFECTUATE THE POLICY DECLARED IN SECTION 56 OF THIS ACT THE SECRETARY OF AGRICULTURE SHALL HAVE THE POWER, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, TO ENTER INTO MARKETING AGREEMENTS WITH MANUFACTURERS AND OTHERS ENGAGED IN THE HANDLING OF ANTI-HOG CHOLERA SERUM AND HOG-CHOLERA VIRUS ONLY WITH RESPECT TO SUCH HANDLING AS IS IN THE CURRENT OF INTERSTATE OR FOREIGN COMMERCE OR WHICH DIRECTLY BURDENS, OBSTRUCTS, OR AFFECTS INTERSTATE OR FOREIGN COMMERCE IN SUCH SERUM AND VIRUS. SUCH PERSONS ARE HEREAFTER IN THIS ACT REFERRED TO AS ,HANDLERS.' THE MAKING OF ANY SUCH AGREEMENT SHALL NOT BE HELD TO BE IN VIOLATION OF ANY OF THE ANTITRUST LAWS OF THE UNITED STATES, AND ANY SUCH AGREEMENT SHALL BE DEEMED TO BE LAWFUL.

PURSUANT TO SECTION 8 (B) OF THE NATIONAL INDUSTRIAL RECOVERY ACT THE PRESIDENT DELEGATED TO THE SECRETARY OF AGRICULTURE BY EXECUTIVE ORDER NO. 6182, DATED JUNE 26, 1933, AS AMENDED BY EXECUTIVE ORDERS NOS. 6345 AND 6551, DATED OCTOBER 20, 1933, AND JANUARY 8, 1934, RESPECTIVELY, ALL OF THE FUNCTIONS AND POWERS VESTED IN THE PRESIDENT UNDER TITLE I OF THE NATIONAL INDUSTRIAL RECOVERY ACT WITH RESPECT TO THE HOG-CHOLERA SERUM AND VIRUS INDUSTRY. THE FUNCTIONS AND POWERS SO DELEGATED INCLUDE THE ENTERING INTO OF MARKETING AGREEMENTS AS AUTHORIZED BY SECTION 4 (A) OF THE NATIONAL INDUSTRIAL RECOVERY ACT. BY TREASURY APPROPRIATION WARRANT NO. 18, COUNTERSIGNED JULY 24, 1935, THE SUM OF $85,000 WAS TRANSFERRED TO THE AGRICULTURAL ADJUSTMENT ADMINISTRATION FOR THE PERFORMANCE OF SUCH FUNCTIONS AND POWERS.

ACCORDINGLY, IN VIEW OF YOUR REPRESENTATIONS THAT THE DEVELOPMENT AND OPERATION OF A PROGRAM FOR THE ANTI-HOG-CHOLERA SERUM AND VIRUS INDUSTRY AS AUTHORIZED BY SECTION 56 TO 60 OF THE ACT OF AUGUST 24, 1935, SUPRA, WILL BE SIMILAR IN ALL RESPECTS TO THE ADMINISTRATION OF SUCH VOLUNTARY CODES AS ARE NOW UNDER THE JURISDICTION OF THE DEPARTMENT OF AGRICULTURE, FUNDS FOR WHICH WERE MADE AVAILABLE BY SAID WARRANT NO. 18, THERE APPEARS NO OBJECTION TO THE USE OF THE UNEXPENDED BALANCE OF THE FUNDS SO MADE AVAILABLE FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS 56 TO 60 OF THE ACT. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY, MAKING CONSIDERATION OF YOUR OTHER THREE QUESTIONS UNNECESSARY AT THIS TIME.