(b) The Secretary may enter into a contract for the construction of the plant authorized by subsection (a) of this section, and he may, to the extent he deems desirable, enter into a separate contract for the operation and maintenance of such plant. Such operation and maintenance contract shall provide, in addition to such terms and conditions as the Secretary deems desirable, for the compilation by the contractor of complete records with respect to the operation, maintenance, and engineering of the plant. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plant shall be assured during all phases of its operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve. (c) The constructed plant and its equipment upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, but not to exceed ten years from the date of this Act, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act, as amended. (d) The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. SEC. 3. There are authorized to be appropriated not to exceed $1,000,000 for the construction of the plant authorized by this Act, together with such additional sums as may be necessary for the operation and maintenance of such plant, and for conducting the program authorized by this Act. SEC. 4. The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by this Act. [H.R. 14699, 89th Cong., 2d sess.] A BILL To authorize the Secretary of the Interior to develop, through the use of experiment and demonstration plants, practicable and economic means for the production by the commercial fishing industry of fish protein concentrate Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall conduct, using his existing authorities, and encourage and promote research, studies, and experiments by public and private agencies and organizations to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food, to a highly nutritious and stable fish protein concentrate. SEC. 2. (a) The Secretary is also authorized to provide for the construction, operation, and maintenance of a sufficient number of experiment and demonstration plants to evaluate methods of producing fish protein concentrate. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. (b) The Secretary may enter into a contract or contracts for the construction of the plants authorized by subsection (a) of this section, and he may, to the extent he deems desirable, enter into a separate contract or contracts for the operation and maintenance of such plants. Each contract for construction or operation and maintenance shall provide, in addition to such terms and conditions as the Secretary deems desirable, for the compilation by the contractor of complete records with respect to the operation, maintenance, and engineering of the plant or plants. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plants shall be assured during all phases of their operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve. (c) Each constructed plant and its equipment upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, but not to exceed ten years from the date of this Act, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act, as amended. (d) The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. (e) Any fish protein concentrate produced in plants constructed or operated under the provisions of this Act may be sold in accordance with the provisions of the Food for Freedom Act of 1966. SEC. 3. There are authorized to be appropriated such sums as may be necessary for the construction of the plants authorized by this Act, together with such additional sums as may be necessary for the operation and maintenance of such plants, and for conducting the program authorized by this Act. SEC. 4. The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by this Act. [H.R. 16095; H.R. 16145, H.R. 16619; S. 2720, 89th Cong., 2d sess.] BILLS and an ACT To authorize the Secretary of the Interior to develop, through the use of experiment and demonstration plants, practicable and economic means for the production by the commercial fishing industry of fish protein concentrate Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to conduct, and through grants to and contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food to a highly nutritious and stable fish protein concentrate, as well as to conduct food technology and feasibility studies with respect to such products. SEC. 2. (a) The Secretary is also authorized to provide for the construction, operation, and maintenance of not to exceed five experiment and demonstration plants for the production of a fish protein concentrate. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. (b) The Secretary may enter into a contract or contracts for the construction of the plants authorized by subsection (a) of this section, and he may, to the extent he deems desirable, enter into a separate contract or contracts for the operation and maintenance of such plants. Each operation and maintenance contract shall provide, in addition to such terms and conditions as the Secretary deems desirable, for the compilation by the contractor of complete records with respect to the operation, maintenance, and engineering of the plant or plants. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plants shall be assured during all phases of their operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve. (c) Each constructed plant and its equipment upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, but not to exceed ten years from the date of this Act, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act, as amended. (d) The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. SEC. 3. There are authorized to be appropriated not to exceed $5,000,000 for the construction of the plants authorized by this Act, together with such additional sums as may be necessary for the operation and maintenance of such plants, and for conducting the program authorized by this Act. SEC. 4. The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by this Act. SEC. 5. The authority of the Secretary under this Act, except the authority to operate and maintain plants theretofore constructed, shall expire at the expiration of five years from the date of enactment of this Act. [H.R. 17070, 89th Cong., 2d sess.] A BILL To authorize the Secretary of the Interior to develop, through the use of experiment and demonstration plants, practicable and economic means for the production by the commercial fishing industry of fish protein concentrate Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to conduct, and through grants to and contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food to a highly nutritious and stable fish protein concentrate, as well as to conduct food technology and feasibility studies with respect to such products. SEC. 2. (a) The Secretary is also authorized to provide for the construction, operation, and maintenance of not to exceed five experiment and demonstration plants for the production of a fish protein concentrate. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. (b) The Secretary may enter into a contract or contracts for the construction of the plants authorized by subsection (a) of this section, and he may, to the extent he deems desirable, enter into a separate contract or contracts for the operation and maintenance of such plants. Each operation and maintenance contract shall provide, in addition to such terms and conditions as the Secretary deems desirable, for the compilation by the contractor or complete records with respect to the operation, maintenance, and engineering of the plant or plants. The records so compiled shall be made available to the public and to the Congress by the Secretary at periodic and reasonable intervals. Access by the public to the plants shall be assured during all phases of their operation subject to such reasonable restrictions as to time and place as the Secretary may require or approve. (c) Each constructed plant and its equipment upon the expiration of a period deemed adequate by the Secretary for experiment and demonstration purposes, but not to exceed ten years from the date of this Act, shall, as promptly as practicable, be disposed of in accordance with the applicable provisions of the Federal Property and Administrative Services Act, as amended. (d) The Secretary may acquire lands or interests therein, patents, licenses, technical data, inventions, secret processes, supplies, and equipment by purchase, license, lease, or donation to carry out the provisions of this section. SEC. 3. There are authorized to be appropriated not to exceed $5,000,000 for the construction of the plants authorized by this Act. SEC. 4. The Secretary shall cooperate with public and private agencies, organizations, institutions, and individuals in carrying out the program authorized by this Act. SEC. 5. The authority of the Secretary under this Act, except the authority to operate and maintain plants theretofore constructed, shall expire at the expiration of five years from the date of enactment of this Act. Hon. EDWARD A. GARMATZ, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This is in reply to your requests for comments on H.R. 12269, H.R. 13722, H.R. 14145, H.R. 14268, and H.R. 14699, to authorize the Secretary of the Interior to provide for research on means of production of fish protein concentrate. This Department concurs in the Department of the Interior's recommendation of H.R. 14268. If H.R. 12269 or H.R. 14145 is to be considered, we recommend deletion of section 2(e), which relates to Public Law 480 programs. This provision is not 69-04966- -12 directly related to the objective of the bills. Moreover, H.R. 14929, a bill "To promote international trade in agricultural commodities, to combat hunger and malnutrition, to further economic development, and for other purposes." deals with this subject. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours, JOHN A. SCHNITTKER, Acting Secretary. GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. EDWARD A. GARMATZ, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department concerning S. 2720, as passed by the Senate and H.R. 16095, identical bills "To authorize the Secretary of the Interior to develop, through the use of experimental demonstration plants, practicable and economical means for the production by the commercial fishing industry of fish protein concentrate.” This legislation would authorize the Secretary of the Interior to conduct, and through grants to and contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food to a highly nutritious and stable fish protein concentrate, as well as food technology and feasibility studies with respect to such products. The Secretary of the Interior would also be authorized to provide for construetion, operation, maintenance, and demonstration of not to exceed five experimental and demonstration plants for the production of a fish protein concentrate. Separate contracts for the construction and for the operation and maintenance of such plants may be entered into. Each operation and maintenance contract would provide for the compilation by the contractor of complete records with respect to operation, maintenance and engineering of the plants. Records so compiled would be made available to the public and to the Congress. Access to the plants by the public would be assured during all phases of their operations. The authority of the Secretary under the legislation, except the authority to operate and maintain plants theretofore constructed, shall expire at the expiration of five years from the date of enactment of the legislation. The legislation would authorize the appropriation of up to $5 million for the construction of the plants and additional sums necessary for the operation and maintenance of the plants. Each plant and its equipment would be disposed of upon the expiration of a period deemed adequate for experimental and demonstration purposes but not to exceed ten years from the date of enactment of the legislation. This would preclude the possibility of the Government competing on a permanent basis with private industry in the preparation of fish protein concentrates. The legislation does not specifically provide that fish protein concentrates produced in the experimental and demonstration plants may be sold under Public Law 480, 83rd Congress. S. 2720, as introduced did contain such a provision. However, the provision was deleted by the Senate because the food for freedom bill, H.R. 14929, which has passed the House, includes a similar provision. The Food and Drug Administration has previously declined to approve a privately developed marine protein concentrate known as "fish flour" for sale in the United States. However, we understand that at the request of the Department of the Interior, the Food and Drug Administration is now reconsidering its previous action. We support the basic objectives of this legislation. A relatively inexpensive source of protein is needed, especially for use in protein deficient countries. Fish protein concentrate may prove to be an ideal source. Furthermore, a Federal program for production of fish protein concentrate in experimental quantities would help strengthen the domestic commercial fisheries industry. It could assist in the development of the technical knowledge and practices necessary to production of fish protein concentrate in commercial quantities. In general, we believe special justification is required before the Federal Government undertakes to produce an end product in Federally constructed, owned and operated pilot plants. The objectives of most Federal programs would be better served by the usual approach of contracting with private industry for the desired end product, even in experimental quantities. Such contracting avoids additional expense or difficulty in transferring plants or "know how" to the industry that could result if production processes are developed in Federal pilot plants. Contracting with industry, after competitive bidding, will bring about a sharing, between the Federal Government and industry, of the risk of developing production processes; Federal pilot plant construction and operation places the entire risk upon the Federal Government. In general, it is more appropriate for private industry to share experimental development risks because of the benefit industry will receive if the experimental program is successful. In many cases, the successful bidders may be able to develop a commercial market while meeting their contract, thus providing earlier commercial benefit to the industry than would be available if Federal funds are devoted to Federally owned plants. Contracting for operation of production plants will not as effectively transfer "know how" to industry, will not have the potential benefit of attracting private capital, and will not have the potential benefit of simultaneous development of a commercial market. However, this instance differs from ordinary production processes because the end product must be fit for humans to eat. In order to protect the public interest, as this new and promising source of protein is being developed, it may be desirable for the Federal Government to experiment with fish meal production processes. The knowledge gained from such experimentation could be used in establishing performance standards for all commercial production of fish protein concentrate for human consumption. Therefore, we have no objection to authorizing an intermediate experimental plant for the production of fish protein concentrate. Accordingly, we would have no objection to enactment of this legislation if it is amended to authorize the Secretary of the Interior to build a single experimental plant, at a cost not exceeding $1,000,000, for the production of fish protein concentrate. Please consider the above comments as also expressing the views of this Department concerning H.R. 12269 and H.R. 14699, related bills in this same area. We have been advised by the Bureau of the Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program. Sincerely, ROBERT E. GILES, General Counsel. B-157927. Hon. EDWARD A. GARMATZ. COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This is in reply to your letter of February 7, 1966, requesting our comments on H.R. 12269, 89th Congress, a bill to authorize the Secretary of the Interior to develop, through the use of experiment and demonstration plants, practicable and economic means for the production by the commercial fishing industry of fish protein concentrate. Section 2(a) of the proposed legislation would authorize the Secretary of the Interior to provide for the construction, operation, and maintenance of not to exceed five experiment and demonstration plants for the production of a fish protein concentrate, which is intended for human consumption. In producing fish protein concentrate for human consumption the use of whole fish is contemplated. However, it appears from the hearings on Fish Protein Concentrate before the Subcommittee on Merchant Marine and Fisheries. Senate Committee on Commerce, 88th Congress, 2nd session, page 18, that the Food and Drug Administration initially expressed an opinion that fish protein concentrate from whole fish would violate section 402(a) (3) of the Federal Food. Drug, and Cosmetic Act, and that on January 25, 1962, the FDA issued a modified defini |