B-154868, AUG. 25, 1964

B-154868: Aug 25, 1964

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TO THE SECRETARY OF AGRICULTURE: THIS IS IN RESPONSE TO A LETTER DATED JULY 16. WHAT IS HERE INVOLVED IS A TRANSFER OF 111 CASES OF LARD FROM AMERICAN SAMOA TO THE FIJI ISLANDS FOR DISASTER RELIEF PURPOSES. THIS AUTHORITY WAS GRANTED BY REASON OF THE DISASTER CONDITIONS IN THE FIJI ISLANDS. ATTENTION IS CALLED TO THE FACT THAT SECTION 32 DONATIONS ARE MADE BY THE SECRETARY OF AGRICULTURE THROUGH THE USE OF APPROPRIATED FUNDS. WHILE SECTION 416 DONATIONS ARE MADE BY COMMODITY CREDIT CORPORATION. DISTRIBUTION UNDER SECTION 32 IS CONFINED TO PROGRAMS WITHIN THE UNITED STATES. UNDER SECTION 416 FOREIGN AS WELL AS DOMESTIC PROGRAMS ARE ELIGIBLE RECIPIENTS. THE LARD IN QUESTION WAS INADVERTENTLY GROUPED WITH A SHIPMENT OF SECTION 416 COMMODITIES AND LOADED ABOARD A PLANE BOUND FOR THE DISASTER AREA IN THE FIJI ISLANDS.

B-154868, AUG. 25, 1964

TO THE SECRETARY OF AGRICULTURE:

THIS IS IN RESPONSE TO A LETTER DATED JULY 16, 1964, FROM THE ACTING DIRECTOR, BUDGET AND FINANCE DIVISION OF THE AGRICULTURAL MARKETING SERVICE, CONCERNING A DIVERSION BY THE GOVERNMENT OF AMERICAN SAMOA TO AN INELIGIBLE RECIPIENT, OF COMMODITIES MADE AVAILABLE FOR DISTRIBUTION BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER THE PROVISIONS OF SECTION 32 OF THE ACT OF AUGUST 24, 1935, AS AMENDED, 7 U.S.C. 612C.

WHAT IS HERE INVOLVED IS A TRANSFER OF 111 CASES OF LARD FROM AMERICAN SAMOA TO THE FIJI ISLANDS FOR DISASTER RELIEF PURPOSES. THE GOVERNMENT OF AMERICAN SAMOA HAD RECEIVED AUTHORIZATION FOR THE REDONATION OF SECTION 416 MILK, CHEESE AND BUTTER AS A TITLE III FOREIGN DONATION, UNDER AUTHORITY OF SECTION 416 OF THE AGRICULTURAL ACT OF 1949, AS AMENDED, 7 U.S.C. 1431. THIS AUTHORITY WAS GRANTED BY REASON OF THE DISASTER CONDITIONS IN THE FIJI ISLANDS. AUTHORITY FOR THIS TYPE TRANSACTION ORIGINATED UNDER TITLE II OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954. ATTENTION IS CALLED TO THE FACT THAT SECTION 32 DONATIONS ARE MADE BY THE SECRETARY OF AGRICULTURE THROUGH THE USE OF APPROPRIATED FUNDS, WHILE SECTION 416 DONATIONS ARE MADE BY COMMODITY CREDIT CORPORATION. REGULATIONS CONTAINED IN 6 CFR 503.8 (E) PERMIT DISTRIBUTION OF COMMODITIES TO DISASTER ORGANIZATIONS UNDER SECTION 416 AND SECTION 32. DISTRIBUTION UNDER SECTION 32 IS CONFINED TO PROGRAMS WITHIN THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS, WHEREAS, UNDER SECTION 416 FOREIGN AS WELL AS DOMESTIC PROGRAMS ARE ELIGIBLE RECIPIENTS.

THE FILE INDICATES THAT DUE TO THE EMERGENCY CONDITIONS EXISTING AT THE TIME, THE LARD IN QUESTION WAS INADVERTENTLY GROUPED WITH A SHIPMENT OF SECTION 416 COMMODITIES AND LOADED ABOARD A PLANE BOUND FOR THE DISASTER AREA IN THE FIJI ISLANDS, A BRITISH POSSESSION.

THE LETTER OF THE ACTING DIRECTOR OF THE BUDGET AND FINANCE DIVISION STATES THAT THE TRANSFER WAS MADE IN GOOD FAITH AND THE FILE SHOWS THAT BECAUSE SEVERAL GOVERNMENT AGENCIES WERE INVOLVED, RESPONSIBILITY FOR THE ERRONEOUS TRANSFER IS DIFFICULT TO DETERMINE. WE, THEREFORE, CONCUR IN THE PROPOSED DISPOSITION TO CLOSE THE CASE WITHOUT ASSERTING A CLAIM AGAINST THE GOVERNMENT OF AMERICAN SAMOA.