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Page:United States Statutes at Large Volume 95.djvu/1304

 95 STAT. 1278

PUBLIC LAW 97-98—DEC. 22, 1981 (A) an assessment of existing farm programs with a view to determining whether such programs are sufficiently flexible to enable the Secretary to efficiently and effectively offset the adverse impact of such a suspension or restriction on farmers, elevator operators, common carriers, and exporters of commodities provided for under such programs; (B) an evaluation of the kinds and availability of information needed to determine, on an emergency basis, the extent and severity of the impact of such a suspension or restriction on producers, elevator operators, common carriers, and exporters; and (C) the development of criteria for determining the extent, if any, to which the impact of such a suspension or restriction should be offset in the case of each of the sectors referred to in clause (I)(B) of this section; (2) for any suspension or restriction for which compensation is not provided under section 1204 of this title, develop and submit to Congress such recommendations for changes in existing agricultural programs, or for new programs, as the Secretary considers necessary to handle effectively, efficiently, economically, and fairly the impact of any such suspension or restriction; (3) for any suspension or restriction for which compensation is provided under section 1204 of this title, develop and submit to Congress a plan for implementing and administering section 1204; and (4) require the Commodity Credit Corporation, before such corporation purchases any contracts for the purpose of offsetting the impact of a commodity suspension or restriction, to— (A) prepare an economic justification for each commodity involved in the suspension or restriction to determine if such a purchase is necessary; (B) estimate any suspension- or restriction-related benefits and detrimental effects to the exporters, and use both estimates in determining the extent, if any. Federal assistance is needed; and (C) limit its purchases to only those types and grades of commodities suspended or restricted from shipment and make such purchases at prices at or near the current market prices. CONSULTATION ON GRAIN MARKETING

7 USC 1736/.

SEC. 1206. Congress encourages the Secretary of Agriculture, in coordination with other appropriate Federal departments and agencies, to continue to consult with representatives of other major grain exporting nations toward the goal of establishing more orderly marketing of grain and achieving higher farm income for producers of grain. EXPANSION OP INTERNATIONAL MARKETS FOR UNITED STATES AGRICULTURAL COMMODITIES AND PRODUCTS THEREOF

7 USC 1736m.

SEC. 1207. (a) It is the sense of Congress that, in order to further assist in the development, maintenance, and expansion of international markets for United States agricultural commodities and the products thereof, the Secretary of Agriculture should and is requested to—

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Page:United States Statutes at Large Volume 95.djvu/1305

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1279

(1) use the intermediate credit program authorized under section 4 of the Food for Peace Act of 1966 (7 U.S.C. 1707a) to improve the capability of importing nations to purchase and use United States agricultural commodities and the products thereof on a long-term basis; (2) ask Congress, at the earliest practicable date, for funds for the agricultural export credit revolving fund in an amount sufQcient to meet the demand for short-term credit authorized to be made available under section 4 of the Food for Peace Act of 1966; (3) establish, insofar as practicable, the maximum number of United States Agricultural Trade Offices in other nations authorized by section 605A of the Act of August 28, 1954 (7 U.S.C. 1765a); (4) use, to the maximum extent practicable, existing authority to ensure full utilization of the levy-free quota, established during the Tokyo round of the multilateral trade negotiations, for the export sale of United States high quality beef to the European Economic Community; (5) expand, to the fullest extent possible, the market development activities of the Foreign Agricultural Service of the Department of Agriculture in developed, developing, market, and nonmarket foreign countries with particular emphasis on (A) continuation of the cooperator programs at the same funding level (adjusted for inflation) as provided during fiscal year 1970; (B) a more active export market development program for value added farm products and processed foods; and (C) the implementation of a full-scale program for forestry products, including commodity information, trade policy, and market development for such products; (6) ensure that the European Economic Community observes its commitments under the General Agreement on Tariffs and Trade regarding the tariff-free binding on imports of soybeans and corn gluten feed; (7) consult with the appropriate officials of the Government of Japan with the objective of increasing the export sales of citrus fruits and high quality beef to Japan and to develop mutually acceptable standards for the certification of lettuce and other specialty crops for export to Japan; and (8) use the authority under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to establish a special standby export subsidy program for United States agricultural commodities and the products thereof, the export of which has been restricted by foreign government subsidies. (b) It is further declared to be the sense of Congress that any special standby export subsidy program established by the Secretary of Agriculture pursuant to subsection (a)(8) of this section should be (1) consistent with United States international obligations, and (2) designed to neutralize the effects of those foreign agricultural commodity subsidy programs that— (A) the President has determined, pursuant to section 301 of the Trade Act of 1974 (19 U.S.C. 2411), are acts, policies, or practices described in section 301(a) of such Adt that should be eliminated by appropriate action of the United States; and (B) have, as the result of the appropriate dispute settlement procedures, been found to be in violation of the General Agreement on Tariffs and Trade or the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 95.djvu/1306

 95 STAT. 1280

PUBLIC LAW 97-98—DEC. 22, 1981 Agreement on Tariffs and Trade (relating to subsidies and countervailing measures), if applicable. INCREASED USAGE OF PROTEIN BYPRODUCTS DERIVED FROM ALCOHOL FUEL PRODUCTION

7 USC I736n.

SEC. 1208. (a) Congress finds that the use of the protein byproduct resulting from the production of fuel alcohol from agricultural commodities may make it possible for the United States to make available significantly increased amounts of protein to meet the food needs of developing countries without any increase in handling, storage, and transportation facilities. It is the sense of Congress that serious consideration should be given to the potential of this protein byproduct and that, if found to be feasible, this protein byproduct should be included in the Department of Agriculture's commodity export and donation programs. OJ) Accordingly, the Secretary of Agriculture shall continue to investigate the potential for using the protein byproduct resulting from the production of fuel alcohol from agricultural commodities in meeting the food needs of developing countries through food for peace programs carried out under the Agricultural Trade Development and 7 USC 1691 note. Assistance Act of 1954 and through the export credit sales program 7 USC 1707a. carried out under section 4 of the Food for Peace Act of 1966 and 15 USC 714c. section 5(f) of the Commodity Credit Corporation Charter Act. (c) The Secretary shall also continue to investigate the potential for using the protein b5rproduct resulting from the production of fuel alcohol from agricidtural commodities in the distribution of food products under the commodity donation program carried out under 7 USC 1431. clause (3) of section 416 of the Agricultural Act of 1949 and under 7 USC 1859. section 210 of the Agricultured Act of 1956. Report to (d)(1) Not later than twelve months after enactment of this Act, the Congress. Secretary shall include the results of the investigations referred to in subsections (b) and (c) of this section in an appropriate report to Congress. (2) The Secretary shall thereafter provide to Congress each year a description of the efforts being made by the Department to make available, as part of the programs referred to in subsections (b) and (c) of this section, the protein byproduct resulting from the production of fuel alcohol from agricultural commodities. The information for all such programs shall be included in the report submitted pursuant to section 408(a) of the Agricultural Trade Development and Assistance 7 USC 1736b. Act of 1954, or in any other appropriate annual report to Congress. EXEMPTION FOR PROTEIN BYPRODUCTS

SEC. 1209. The Act entitled "An Act authorizing Commodity Credit Corporation to purchase flour and cornmeal and donating same for certain domestic and foreign purposes", approved August 19, 1958 (7 U.S.C. 1431 note), is amended in the proviso by inserting "(except that this limitation does not apply in the case of the protein byproduct resulting from the production of fuel alcohol from agricultural commodities)" immediately after "processed".

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Page:United States Statutes at Large Volume 95.djvu/1307

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1281

Subtitle B—Public Law 480 SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION; VERIFICATION OF SELF-HELP PROVISIONS

SEC. 1210. (a) Section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended by— 7 USC 1709. (1) inserting in paragraph (3) immediately before the semicolon ", and reducing illiteracy among the rural poor"; (2) striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and (3) inserting the following new paragraph immediately after paragraph (10); "(11) carrying out programs to improve the health of the rural poor.". (b) Section 109 of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof a new subsection as follows: "(d)(l) In each agreement entered into under this title and in each amendment to such an agreement, the economic development and self-help measures which the recipient country agrees to undertake shall be described (A) to the maximum extent feasible, in specific and measurable terms, and (B) in a manner which ensures that the needy people in the recipient country will be the major beneficiaries of the self-help measures pursuant to each agreement. "(2) The President shall, to the maximum extent feasible, take appropriate steps to assure that, in each agreement entered into under this title and in each amendment to such an agreement, the self-help measures agreed to are additional to the measures that the recipient country otherwise would have undertaken irrespective of that agreement or amendment. "(3) The President shall take all appropriate steps to determine whether the economic development and self-help provisions of each agreement entered into under this title, and of each amendment to such an agreement, are being fully carrried out.". REQUIREMENT FOR INVITATIONS FOR BIDS ON TITLE I PURCHASES

SEC. 1211. Section 115(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended by inserting "from private 7 USC 1715. stocks" in the first sentence after "food commodities". TITLE II AUTHORIZATION CEILING

SEC. 1212. Section 204 of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out in the first sentence 7 USC 1724. "$750,000,000" and inserting in lieu thereof "$1,000,000,000". OVERSEAS MARKET DEVELOPMENT

SEC. 1213. Section 402 of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out in the second 7 USC 1732. sentence "wine or beer" and inserting in lieu thereof "wine, beer, distilled spirits, or other alcoholic beverage".

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Page:United States Statutes at Large Volume 95.djvu/1308

 95 STAT. 1282

PUBLIC LAW 97-98—DEC. 22, 1981 VALUATION OF COMMODITIES

7 USC 1733.

SEC. 1214. Section 403(b) of the Agricultural Trade Development and Assistance Act of 1954 is amended by inserting "a price not greater than" after "valued at". ANNUAL REPORT

7 USC 1736b.

SEC. 1215. Section 408(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out "April 1" and inserting in lieu thereof "February 15". EXTENSION OF PROGRAM

7 USC 1736c.

SEC. 1216. Section 409 of the Agricultural Trade Development and Assistance Act of 1954 is amended by— (1) striking out in the first sentence "1981" and inserting in lieu thereof "1985"; and (2) striking out in the second sentence "Food and Agriculture Act of 1977" and inserting in lieu thereof "Agriculture and Food Act of 1981". TITLE XIII-FOOD STAMP AND COMMODITY DISTRIBUTION AMENDMENTS OF 1981 SHORT TITLE

7 USC 2011 note.

SEC. 1301. This title may be cited as the "Food Stamp and Commodity Distribution Amendments of 1981". HOUSEHOLD DEFINITION

7 USC 2012.

42 USC 1381. 42 USC 301, 401, 1201, 1351, 1381.

SEC. 1302. Section 3(i) of the Food Stamp Act of 1977 is amended by inserting before the period at the end of the first sentence the following: ", or receives supplemental security income benefits under title XVI of the Social Security Act or disability or blindness payments under title I, II, X, XIV, or XVI of the Social Security Act. ALASKA'S THRIFTY FOOD PLAN

7 USC 2012.

SEC. 1303. Clause (2) of section 3(o) of the Food Stamp Act of 1977 is amended to read as follows: "(2) make cost adjustments in the thrifty food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska,". ADJUSTMENT OF THE THRIFTY FOOD PLAN

Ante, p. 358.

SEC. 1304. Section 3(o) of the Food Stamp Act of 1977 is amended by striking out clause (6) and all that follows through the end of clause (9), and inserting in lieu thereof the following: "(6) on October 1, 1982, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the twenty-one months ending the preceding June 30, 1982, and (7) on October 1, 1983, and each October 1 thereafter, adjust the cost of such diet to the nearest dollar increment to reflect changes in the cost of the thrifty food plan for the twelve months ending the preceding June 30: Provided, That the periods upon which such adjustments are based shall be subject to revision by Act of Congress".

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Page:United States Statutes at Large Volume 95.djvu/1309

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1283

REIMBURSEMENT EXCLUSION

SEC. 1305. Section 5(d)(5) of the Food Stamp Act of 1977 is amended 7 USC 2014. by adding before the comma the following: ": Provided, That no portion of benefits provided under title IV-A of the Social Security Act, to the extent it is attributable to an adjustment for work-related 42 USC 601. or child care expenses, shall be considered such reimbursement". ENERGY ASSISTANCE PAYMENTS; EXCLUDED PAYMENTS OF OTHER PROGRAMS

SEC. 1306. Section 5(d) of the Food Stamp Act of 1977 is amended by 7 USC 2014. striking out "(10)" and all that follows through the period, and inserting in lieu thereof the following: "(10) any income that any other F^eral law specifically excludes from consideration as income for purposes of determining eligibility for the food stamp program, and (11) any payments or allowances made under (A) any Federal law for the purpose of providing e n e r ^ assistance, or (B) any State or local laws for the purpose of providing energy assistance, designated by the State or local legislative body authorizing such payments or allowances as energy assistance, and determined by the Secretary to be calculated as if provided by the State or local government involved on a seasonal basis for an aggregate period not to exceed six months in any year even if such pa3mients or allowances (including tax credits) are not provided on a seasoned basis because it would be administratively mfeasible or impracticable to do so.". DISALLOWANCE OF DEDUCTIONS FOR EXPENSES PAID BY VENDOR PAYMENTS

SEC. 1307. Section 5(e) of the Food Stamp Act of 1977 is amended by adding in the fourth and fifth sentences after "entitled" the following: ", with respect to expenses other than expenses paid on behalf of the household by a third party,". ATTRIBUTION OF INCOME AND RESOURCES TO SPONSORED AUENS

SEC. 1308. Section 5 of the Food Stamp Act of 1977 is amended by adding a new subsection as follows: "(i)(l) For purposes of determining eligibility for and the amount of benefits under this Act for an individual who is an alien as described in section 6(fK2)(B) of this Act, the income and resources of any person 7 USC 2015. who as a sponsor of such individual's entry into the United States executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor's spouse if such spouse is living with the sponsor, shall be deemed to be the income and resources of such individual for a period of three years after the individual's entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. "(2)(A) The amount of income of a sponsor, and the sponsor's spouse if living with the sponsor, which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: "(i) the total yearly rate of earned and unearned income of such sponsor, and such sponsor's spouse if such spouse is living with the sponsor, shall be determined for such year under rules prescribed by the Secretary; "(ii) the amount determined under clause (i) of this subparagraph shall be reduced by an amount equal to the income

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Page:United States Statutes at Large Volume 95.djvu/1310

 95 STAT. 1284 7 USC 2014.

Ante, p. 363. 7 USC 2012.

PUBLIC LAW 97-98—DEC. 22, 1981

eligibility standard as determined under section 5(c) of this Act for a household equal in size to the sponsor, the sponsor's spouse if living with the sponsor, and any persons dependent upon or receiving support from the sponsor or the sponsor's spouse if the spouse is living with the sponsor; and "(iii) the monthly income attributed to such alien shall be onetwelfth of the amount calculated under clause (ii) of this subparagr^h. "(B) The amount of resources of a sponsor, and the sponsor's spouse if living with the sponsor, which shall be deemed to be the resources of an afien for any year shall be determined as follows: "(i) the total amount of the resources of such sponsor and such sponsor's spouse if such spouse is living with the sponsor shall be determinea under rules prescribed by the Secretary; ''(ii) the amount determined under clause (i) of this subparagraph shall be reduced by $1,500; and "(iii) the resources determined under clause (ii) of this subparagraph shall be deemed to be resources of such alien in addition to any resources of such alien. ''(C)(i) Any individual who is an alien shall, during the period of three years after entry into the United States, in order to be an eligible individual or eligible spouse for purposes of this Act, be required to provide to the State agency such information and documentation with respect to the alien's sponsor and sponsor's spouse as may be necessary in order for the State agency to make any determination required under this section, andtoobtain any cooperation from such sponsor necessary for any such determination. Such alien shall also be requiredtoprovide such information and documentation which such alien or the sponsor provided in support of such alien's immigration application as the State agency may request, "(ii) The Secretary shall enter into agreements wim the Secretary of State and the Attorney General whereby any information available to such persons and required in order to make any determination under this section will be provided by such persons to the Secretary, and whereby such persons shall imorm any sponsor of an alien, at the time such sponsor executes an affidavit of support or similar agreement, of the requirements imposed by this section. "(D) Any sponsor of an alien, and such aUen, shall be jointly and severably liaole for an amount equal to any overpayment made to such alien during the period of three years after such alien's entry into the United States, on account of such sponsor's failure to provide correct information under the provisions of this section, except where such sponsor was without fault, or where good cause for such failure existed. Any such overpayment which is not repaid shall be recovered in accordanco with the provisions of section 13(b)(2) of this Act. "(E) The provisions of this subsection shall not apply with respect to any alien who is a member of the sponsor's household, as defined in section 3(i) of this Act.". RESOURCES

7 USC 2014.

SEC. 1309. Section 5(g) of the Food Stamp Act of 1977 is amended by inserting "(other than those relating to licensed vehicles)" after "June 1, 1977" in the second sentence. ANNUAUZATION OF WORK REGISTRATION

7 USC 2015.

SEC. 1310. Section 6(d)(l)(i) of the Food Stamp Act of 1977 is amended by striking out "six" and inserting in lieu thereof "twelve".

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Page:United States Statutes at Large Volume 95.djvu/1311

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1285

WORK REQUIREMENTS

SEC. 1311. Section 6(d) of the Food Stamp Act of 1977 is amended 7 USC 2015. by(1) striking out ", unless the household was certified for benefits under this Act immediately prior to such unemployment" in clause (iii) of paragraph (1); (2) inserting "(including the lack of adequate child care for children above the age of five and under the age of twelve)" after "good cause" in clause (iv) of paragraph (1); (3) inserting before the semicolon at the end of clause (A) of paragraph (2) ", in which case, failure by such person to comply with any work requirement to which such person is subject that is comparable to a requirement of paragraph (1) shall be the same as failure to comply with that requirement of paragraph (l)";and (4) striking out "twelve" and inserting in lieu thereof "six" in paragraph (2)(B). STATE ISSUANCE LIABILITY

SEC. 1312. Section 7(f) of the Food Stamp Act of 1977 is amended to 7 USC 2016. read as follows: "(f) Notwithstanding any other provision of this Act, the State agency shall be strictly liable to the Secretary for any financial losses involved in the acceptance, storage and issuance of coupons, including any losses involving failure of a coupon issuer to comply with the requirements specified in section ll(e)(21), except that in the case of Post, p. 1287. losses resulting from the issuance and replacement of authorizations for coupons and allotments which are sent through the mail, the State agency shall be liable to the Secretary to the extent prescribed in the regulations promulgated by the Secretary.". ACCESS OF COMPTROLLER GENERAL TO INFORMATION

SEC. 1313. Section 9(c) of the Food Stamp Act of 1977 is amended by 7 USC 2018. adding at the end thereof the following: "Such purx)oses shall not exclude the audit and examination of such information by the Comptroller General of the United States authorized by any other provision of law.". REPORTING OF ABUSES BY THE PUBLIC

SEC. 1314. Section 9 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection as follows: "(e) Approved retail food stores shall display a sign providing information on how persons may report abuses they have observed in the operation of the food stamp program.". RETAIL R E D E M P T I O N

SEC. 1315. Section 10 of the Food Stamp Act of 1977 is amended by 7 USC 2019. striking out the term "banks" whenever it appears and inserting in lieu thereof the following: "financial institutions which are insured by the Federal Deposit Insurance Corporation or the Feder£d Savings and Loan Insurance Corporation".

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Page:United States Statutes at Large Volume 95.djvu/1312

 95 STAT. 1286

PUBLIC LAW 97-98—DEC. 22, 1981 SIXTY-DAY TRANSFER OF CERTIFICATION

7 USC 2020.

SEC. 1316. Section 11 of the Food Stamp Act of 1977 is amended by striking out subsection (b). NOTICE OF VERIFICATION

SEC. 1317. Section ll(e)(2) of the Food Stamp Act of 1977 is amended by inserting after the second period the following new sentence: "Each application shall also contain in understandable terms and in prominent and boldface lettering a statement that the information provided by the applicant in connection with the application for a coupon allotment will be subject to verification by Federal, State, and local officials to determine if such information is factual and that if any material part of such information is incorrect, food stamps may be denied to the applicant, and that the applicant may be subjected to criminal prosecution for knowingly providing incorrect information.".

RECERTIFICATION NOTICE

S E C 1318. Section ll(e)(4) of the Food Stamp Act of 1977 is amended by(1) striking out "immediately prior to or at" and inserting in lieu thereof "prior to"; and (2) striking out "it" after "advising" and inserting in lieu thereof "the household". DISCLOSURE OF INFORMATION TO COMPTROLLER GENERAL, LAW ENFORCEMENT OFFICIALS
 * u

SEC. 1319. Section ll(e)(8) of the Food Stamp Act of 1977 is amended by inserting before the semicolon the following: ", except that (A) such safeguards shall not prevent the use or disclosure of such information to the Comptroller General of the United States for audit and examination authorized by any other provision of law, and (B) notwithstanding any other provision of law, all information obtained under this Act from an applicant household shall be made available, upon request, to local. State or Federal law enforcement officials for the purpose of investigating an alleged violation of this Act or any regulation issued under this Act". RESTORATION OF LOST BENEFITS

7 USC 2023.

SEC. 1320. (a) Section ll(e)(ll) of the Food Stamp Act of 1977 is amended to read as follows: "(11) upon receipt of a request from a household, for the prompt restoration in the form of coupons to a household of any allotment or portion thereof which has been wrongfully denied or terminated, except that allotments shall not be restored for any period of time more than one year prior to the date the State agency receives a request for such restoration from a household or the State agency is notified or otherwise discovers that a loss to a household has occurred;". (b) Section 14 of the Food Stamp Act of 1977 is amended by CD inserting "(a)" immediately after the section designation; and (2) adding a new subsection as follows: "(b) In any judicial action arising under this Act, any food stamp allotments found to have been wrongfully withheld shall

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Page:United States Statutes at Large Volume 95.djvu/1313

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1287

be restored only for periods of not more than one year prior to the date of the commencement of such action, or in the case of an action seeking review of a final State agency determination, not more than one year prior to the date of the fihng of a request with the State for the restoration of such allotments or, in either case, not more than one year prior to the date the State agency is notified or otherwise discovers the possible loss to a household.". INFORMATION

SEC. 1321. Section 11(e) of the Food Stamp Act of 1977 is amended by(1) striking out "and" at the end of paragraph (18); (2) striking out the period at the end of paragraph (19) and inserting in lieu thereof a semicolon; and (3) adding at the end thereof new paragraphs as follows: "(20) that information available from the Social Security Administration under the provisions of section 6103(i)(7) of the Internal Revenue Code of 1954, and information available from agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act, shall be requested and utilized by the State agency (described in section 3(n)(l) of this Act) to the extent permitted under the provisions of such sections, except that the State agency shall not be required to request such information from the Social Security Administration if such information is available from the agency administering the State unemployment compensation laws; and "(21) that, in project areas or parts thereof where authorization cards are used, and eligible households are required to present photographic identification cards in order to receive their coupons, the State agency shall include, in any agreement or contract with a coupon issuer, a provision that (A) the issuer shall (i) require the presenter to furnish a photographic identification card at the time the authorization card is presented, and (ii) record on the authorization card the identification number shown on the photographic identification card; and (B) if the State agency determines that the authorization card has been stolen or otherwise was not received by a household certified as eligible, the issuer shall be liable to the State agency for the face value of any coupons issued in the transaction in which such card is used and the issuer fails to comply with the requirements of clause (A) of this paragraph.".

7 USC 2020.

94 Stat. 365. ^^ ^°^ 94 Stat. 366. '*^ ^°^ ^"^• ^ use 2012.

NUTRITION EDUCATION PROGRAM

SEC. 1322. Section 11(f) of the Food Stamp Act of 1977 is amended to? use 2020. read as follows: "(f) To encourage the purchase of nutritious foods, the Secretary is authorized to extend food and nutrition education to reach food stamp program participants, using the methods and techniques developed in the expanded food and nutrition education and other programs.". ALASKAN FEE AGENTS

SEC. 1323. Section 11 of the Food Stamp Act of 1977 is amended by adding thereto a new subsection as follows:

-194 0-82

83:QU

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Page:United States Statutes at Large Volume 95.djvu/1314

 95 STAT. 1288 "Fee agent."

PUBLIC LAW 97-98—DEC. 22, 1981

"(m) The Secretary shall provide for the use of fee agents in rural Alaska. As used in this subsection 'fee agent' means a paid agent who, although not a State employee^ is authorized by the State to make applications available to low-income households, assist in the completion of applications, conduct required interviews, secure requu*ed verification, forward completed applications and supporting documentation to the State agency, and provide other services as required by the State agency. Such services shall not include making final decisions on household eligibility or benefit levels.". BONIMUM MANDATORY COURT SENTENCE FOR CRIMINAL OFFENSES; WORK RESTITUTION PROGRAM

7 USC 2024

Ante, p. 362.

SEC. 1324. Subsections (b) and (c) of section 15 of the Food Stamp Act of 1977 are amendedtoread as follows: "(b)(1) Subject to the provisions of paragraph (2) of this subsection, whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by this Act or the regulations issued pursuant to this Act shall, if such coupons or authorization cards are of a value of $100 or more, be guilty of a feloiw and shall, upon thefirstconviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than six months nor more than five years and ma^ also befinednot more than $10,000 or, if such coupons or authorization cards are of a value of less than $100, shall be guilty of a misdemeanor, and, upon the first conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, and upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not more than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the courtfiromparticipation in the food stamp program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 60>X1) of this Act.

"(2) In the case of any individual convicted of an ofiTense under paragraph (1) of this subsection, the court may permit such individual to perform work approved by the court for the ourpose of providing restitution for losses incurred by the United States and the State agency as a result of the ofiense for which such individual was convicted. If the court permits such individual to perform such work and such individual agrees thereto, the court shall witUiold the imposition of the sentence on the condition that such individual perform the assigned work. Upon the successful completion of the assi|gned work the court may suspend such sentence. "MC) Whoever presents, or causes to be presented, coupons for payment or redemption of the value of $100 or more, knowing the same to have been received, transferred, or used in any manner in violation of the provisions of this Act or the r^nilations issued pursuant to this Act, shall be guilty of a felony and, upon the first conviction thereof, shall be fined not more than $10,000 or imprisoned for not more than five years, or both, and, u^n the second and any subsequent conviction thereof, shall be imprisoned for not less than one year nor more than five years and may also be fined not more than $10,000, or, if such coupons are of a value of

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Page:United States Statutes at Large Volume 95.djvu/1315

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1289

less than $100, shall be guilty of a misdemeanor and, upon the first conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not more than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participation in the food stamp program for an additional period of up to eighteen months consecutive to that period of suspension mandated by section 6(b)(l) of this Act.". ^"««. P 362. STAFFING

SEC. 1325. Section 16(b)(l) of the Food Stamp Act of 1977 is amended 7 USC 2025. by striking out ", including, but not limited to, staffing standards such as caseload per certification worker limitations,". INCENTIVES FOR ERROR REDUCTION EFFORTS AND CORRECTIVE ACTION PLANS

SEC. 1326. Section 16 of the Food Stamp Act of 1977 is amended by CD inserting before the period at the end of the first sentence of subsection (c) the following: ", and, effective October 1, 1981, which also meets the standard contained in paragraph (I)(B) of this subsection"; and (2) striking out "October 1, 1978" in subsection (d) and inserting in lieu thereof "October 1, 1981", and by inserting "(2)" after "subsection (c)". SOCIAL SECURITY ACCOUNT NUMBERS

SEC. 1327. The first sentence of section 16(f) of the Food Stamp Act of 1977 is amended by striking out "may" and inserting in lieu thereof "shall". EXTENDING AND AMENDING CASH-OUT PILOT PROJECTS

SEC. 1328. Section 17(b)(l) of the Food Stamp Act of 1977 is amended to read as follows: "(b)(1) The Secretary may conduct on a trial basis, in one or more areas of the United States, pilot or experimental projects designed to test program changes that might increase the efficiency of the food stamp program and improve the delivery of food stamp benefits to eligible households, including projects involving the payment of the value of allotments or the average value of allotments by household size in the form of cash to eligible households all of whose members are age sixty-five or over or any of whose members are entitled to supplemental security income benefits under title XVI of the Social Security Act or to aid to families with dependent children under part A of title IV of the Social Security Act, the use of countersigned food coupons or similar identification mechanisms that do not invade a household's privacy, and the use of food checks or other voucher-type forms in place of food coupons. The Secretary may waive the requirements of this Act to the degree necessary for such projects to be conducted, except that no project, other than a project involving the payment of the average value of allotments by household size in the form of cash to eligible households, shall be implemented which would lower or further restrict the income or resource standards or benefit levels provided pursuant to sections 5 and 8 of this Act. Any

'7 USC 2026.

42 USC 1381. 42 USC 601.

'? use 2014,

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 95 STAT. 1290

42 USC 1381.

PUBLIC LAW 97-98—DEC. 22, 1981

pilot or experimental project implemented under this paragraph and operating as of October 1, 1981, involving the payment of the value of allotments in the form of cash to eligible households all of whose members are either age sixty-five or over or entitled to supplemental security income benefits under title XVI of the Social Security Act shall be continued until October 1, 1985, if the State so requests.". NUTRITIONAL MONITORING

7 USC 2026.

Report and recommendations to congressional committees.

SEC. 1329. Section 17(c) of the Food Stamp Act of 1977 is amended by adding at the end thereof the following: "Further, the Secretary shall, by way of making contracts with or grants to public or private organizations or agencies, implement pilot programs to test various means of measuring on a continuing basis the nutritional status of low income people, with specisQ emphasis on people who are eligible for food stamps, in order to develop minimum common criteria and methods for systematic nutrition monitoring that could be applied on a nationwide basis. The locations of the pilot programs shall be selected to provide a representative geographic and demographic cross-section of political subdivisions that reflect natural usage patterns of health and nutritional services and that contain high proportions of low income people. The Secretary shall report on the progress of these pilot programs on an annual basis commencing on July 1, 1982, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, together with such recommendations as the Secretary deems appropriate.". PILOT PROJECTS TO SIMPLIFY THE PROCESSING OP APPLICATIONS FOR CERTAIN AFDC, SSI, AND MEDICAID RECIPIENTS

7 USC 2026.

42 USC 601. 42 USC 1381. 42 USC 1396.

7 USC 2014. 7 USC 2017. 42 USC 601. 42 USC 1381. 42 USC 1396.

SEC. 1330. Section 17 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection as follows: "(f) The Secretary may conduct no more than two statewide pilot projects (upon the request of a State) and no more than fourteen pilot projects in political subdivisions of States (upon the request of any such political subdivision) in which households that include one or more recipients of aid to families with dependent children under part A of title IV of the Social Security Act, of supplemental security income under title XVI of the Social Security Act, or of medical assistance under title XIX of the Social Security Act, and whose income does not exceed the applicable income standard of eligibility described in section 5(c) of this Act shall be deemed to satisfy the application requirements prescribed under section 5(a) of this Act and the income and resource requirements prescribed under subsections (d) through (g) of section 5 of this Act. For any pilot project carried out under this subsection, allotments provided pursuant to section 8(a) of this Act shall be based upon household size and (1) benefits paid to such household under part A of title IV or title XVI of the Social Security Act, or (2) income as determined for eligibility under title XIX of the Social Security Act, or at the option of the political subdivision or the State, the standard of need for such size household under such programs, except that the Secretary shall adjust the value of such allotments as may be necessary to ensure that the average allotment by household size for households participating in such pilot project and receiving such aid to families with dependent children, such supplemental security income, or such medical assistance, as the case may be, is not less than the average allotment which would

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95 STAT. 1291

have been provided under this Act but for the operation of this subsection, for each category of households, respectively, in such pilot project area, for any period during which such pilot project is in operation. The Secretary shall evaluate the impact of such pilot projects on recipient households, administrative costs, and error rates. The administrative costs of such projects shall be shared in accordance with the provisions of section 16 of this Act. In imple- ^ use 2025. menting this section, the Secretary shall consult with the Secretary of Health and Human Services to ensure that to the extent practicable, in the case of households participating in such pilot projects, the processing of applications for, and determinations of eligibility to receive, food stamp benefits are simplified and are unified with the processing of applications for, and determinations of eligibility to receive, benefits under such titles of the Social Security Act.". 42 USC 1305. FOOD STAMP FUNDING AND PROGRAM EXTENSION

SEC. 1331. Section 18(a) of the Food Stamp Act of 1977 is amended in 7 USC 2027. the first sentence thereof by— (1) striking out "and'^' after "September 30, 1980;"; and (2) inserting before the period at the end thereof the following: "; and not in excess of $11,300,000,000 for the fiscal year ending September 30, 1982". INCENTIVES, SANCTIONS, AND CLAIMS

SEC. 1332. Section 18 of the Food Stamp Act of 1977 is amended by adding a new subsection as follows: "(e) Funds collected from claims against households or State agencies, including claims collected pursuant to sections 7(f), 11(g) and (h), 13(b), and 16(g) of this Act, claims resulting from resolution of Ante, p. 1285. audit findings, and claims collected from households receiving overis- ^ u^^ 2020. suances, shall be credited to the food stamp program appropriation 7 USC^2025 account for the fiscal year in which the collection occurs. Funds provided to State agencies under section 16(c) of this Act shall be paid from the appropriation account for the fiscal year in which the funds are provided.". WORKFARE

SEC. 1333. The Food Stamp Act of 1977 is amended by adding at the end thereof a new section as follows: "WORKFARE

"SEC. 20. (a) The Secretary shall permit any political subdivision, in? use 2029. any State, that applies and submits a plan to the Secretary in compliance with guidelines promulgated by the Secretary to operate a workfare program pursuant to which every member of a household participating in the food stamp program who is not exempt by virtue of the provisions of subsection (b) of this section shall accept an offer from such subdivision to perform work on its behalf, or may seek an offer to perform work, in return for compensation consisting of the allotment to which the household is entitled under section 8(a) of this Act, with each hour of such work entitling that household to a portion 7 USC 2017. of its allotment equal in value to 100 per centum of the higher of the applicable State minimum wage or the Federal minimum hourly rate under the Fair Labor Standards Act of 1938. 29 USC 201. "(b) The household members who shall be exempt from workfare requirements are those who are either (1) mentally or physically

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Page:United States Statutes at Large Volume 95.djvu/1318

 95 STAT. 1292

42 USC 601.

7 USC 2015.

PUBLIC LAW 97-98—DEC. 22, 1981

unfit; (2) under eighteen ^ears of age; (3) sixty years of age or over; (4) subject to and currently involved at least twenty hours a week in a work training program under a work registration requirement pursuant to title IV of the Social Security Act; (5) a parent or other member of a household with responsibility for the care of a child under age six or of an incapacitated person; (6) a parent or other caretaker of a child in a household where there is another member who is subject to the requirements of this subsection or is employed full time; (7) a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or (8) an individual described in section 6(d)(2)(D) or (F) of this Act. "(c) No operating agency shall require any participating member to work in any workfare position to the extent that such work exceeds in value the allotment to which the household is otherwise entitled or that such work either exceeds twenty hours a week or would, together with any other hours worked in any other compensated capacity by such member on a regular or predictable part-time basis, exceed thirty hours a week. "(d) The operating agency shall— "(1) not provide any work that has the effect of replacing or preventing the employment of an individual not participating in the workfare program; "(2) provide the same benefits and working conditions that are provided at the job site to employees performing comparable work for comparable hours; and "(3) reimburse participants for actual costs of transportation and other actual costs all of which are reasonably necessary and directly related to participation in the program but not to exceed $25 in the aggregate per month. "(e) The operating agency may allow a job search period, prior to making workfare assi^ments, of up to thirty days following a determination of eligibility. "(f) In the event that any person fails to complv with the requirements of this section, neither that person nor the household to which that person belongs shall be eligible to participate in the food stamp program for two months, unless that person or another person in the household satisfies all outstanding workfare obligations prior to the end of the two-month disqualification period. "(g)(1) The Secretary shall pay to each operating agency 50 per centum of all administrative expenses incurred by such agency in operating a workfare program, including reimbursements to participants for work-related expenses as described in subsection (d)(3) of this section. "(2) The Secretary may suspend or cancel some or all of these payments, or may withdraw approval from a political subdivision to operate a workfare program, upon a finding that the subdivision has failed to comply with the workfare requirements.". EXTENSION OP AUTHORITIES, PENALTIES FOR FRAUD, AND MISCELLANEOUS PROVISIONS

SEC. 1334. Effective October 1, 1981, section 4 of the Agriculture 7 USC 612c note, and Consumer Protection Act of 1973 is amended by— (1) striking out "1978, 1979, 1980, and 1981", in the first sentence of subsection (a) and inserting in lieu thereof: "1982, 1983, 1984, and 1985"; and (2) adding a new subsection as follows:

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95 STAT. 1293

"(c) Whoever embezzles, willfully misapplies, steals or obtains by fraud any agricultural commodity or its products (or any funds, assets, or property deriving from donation of such commodities) provided under ttas section, or under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-l), whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains such commodities, products, funds, assets, or property for personal use or gain, knowing such commodities, products, funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such commodities, products, funds, assets, or property are of a value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both, or if such commodities, products, funds, assets, or property are of value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both." COMMODITY SUPPLEMENTAL FOOD PROGRAM—PILOT PROJECTS FOR THE ELDERLY AND ADMINISTRATIVE COSTS

SEC. 1335. Effective October 1, 1981, section 5(a) of the Agriculture and Consumer Protection Act of 1973 is amended to read as follows: '^ use 6i2c note. "(a) In carrying out the supplemental feeding program (hereinafter referred to as the 'commodity supplemental food program') under section 4 of this Act, the Secretary (1) may institute two pilot projects '^ use 6i2c note. directed at low-income elderly persons, including, where feasible, distribution of commodities to such persons in their homes, which projects shall operate no longer than two years, and (2) shall provide to the State agencies administering the commodity supplemental food program, for each of the fiscal years 1982 through 1985, funds appropriated from the general fund of the Treasury in amounts equal to the administrative costs of State and local agencies in operating the program, except that the funds provided to State agencies each fiscal year may not exceed 15 per centum of the amount appropriated for the provision of commodities to State agencies.". POOD DISTRIBUTION PROGRAM FOR CERTAIN INDIAN HOUSEHOLDS

SEC. 1336. Notwithstanding any other provision of law, the Secretary of Agriculture may establish a food distribution program in the State of Oklahoma to provide food commodities to eligible Indian households and such other households as the Secretary determines appropriate in connection therewith. In determining eligibility for such program the Secretary may take into account such considerations as (1) the extent and nature of the governmental jurisdiction which a tribal organization exercises or has authority to exercise over the land on which the household resides; (2) whether the household resides in "Indian country" as defined in section 1151 of title 18, United States Code; (3) whether the household resides within an Indian service area designated by the Bureau of Indian Affairs, United States Department of the Interior; (4) the tribal membership or Indian status of persons in the household; and (5) whether the household resides in an urban area. The Secretary shall not allow any tribal organization to administer such distribution of commodities unless the Secretary determines that the tribal organization is capable of effectively and efficiently administering such distribution over defined geographic areas. The Secretary may pay such amounts

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 95 STAT. 1294

PUBLIC LAW 97-98—DEC. 22, 1981

for administrative costs of such distribution as the Secretary finds necessary for effective and efficient administration of such distribution by a tribal organization. No household shall be eligible to participate simultaneously in the food stamp program under the 7 USC 2011 note. Food Stamp Act of 1977 and in the food distribution program established under authority of this section. AUTHORITY OP OFFICE OF INSPECTOR GENERAL

7 USC 2270.

5 USC app.

SEC. 1337. Any person who is employed in the Office of the Inspector CJeneral, Department of Agriculture, who conducts investigations of alleged or suspected felony criminal violations of statutes, including but not limited to the Food Stamp Act of 1977, administered by the Secretary of Agriculture or any agency of the Department of Agriculture and who is designated by the Inspector General of the Department of Agriculture may— (1) make an arrest without a warrant for any such criminal felony violation if such violation is committed, or if such employee has probable cause to believe that such violation is being committed, in the presence of such employee; (2) execute a warrant for an arrest, for the search of premises, or the seizure of evidence if such warrant is issued under authority of the United States upon probable cause to believe that such violation has been committed; and (3) carry a firearm; in accordance with rules issued by the Secretary of Agriculture, while such employee is engaged in the performance of official duties under the authority provided in section 6, or described in section 9, of the Inspector General Act of 1978 (5 U.S.C. App. 6, 9). The Attorney General of the United States may disapprove any designation made by the Inspector General under this section. EFFECTIVE DATE

7 USC 2012 note.

SEC. 1338. Except as otherwise specifically provided, the amendments made by this title shall be effective upon such dates as the Secretary of Agriculture may prescribe, taking into account the need for orderly implementation. TITLE XIV—NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT AMENDMENTS OF 1981 SHORT TITLE

7 USC 3101 note.

SEC. 1401. This title may be cited as the "National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1981". FINDINGS

SEC. 1402. Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended by(1) striking out "and" at the end of paragraph (8) and changing the period at the end of paragraph (9) to a semicolon; and (2) adding new paragraphs (10) and (11) at the end thereof as follows: "(10) it is and has been the policy of the United States to support food and agricultural research, extension, and teaching in the broadest sense of these terms. The partnership between

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1295

the Federal Government and the States, as consummated in legislation and cooperative agreements, and the cooperative nature of efforts to implement this policy in cooperation with the food and agricultural industry has been eminently successful. Cooperative research, extension, and teaching programs have provided the United States with the most proiductive and efficient food and agricultural system in the world. This system is the basis of our national affluence and it provides vast amounts of food and fiber to other people around the world. However, the food and agricultural system is dynamic and constantly changing. The research, extension, and teaching programs that support the food and agricultural system must be maintained and constantly adjusted to meet ever c h a n ^ g challenges. National support of cooperative research, extension, and teaching efforts must be reaffirmed and expanded at this time to meet major needs and challenges in the following areas: "(A) FOOD AND AGRICULTURAL SYSTEM PRODUCTIVITY.—

Increases in agricultural productivity have been outstanding, however, productivity growth in the past decade has slowed. It is imperative that improved technologies and management systems be developed to maintain and enhance agricultural productivity in order for agricultural production in the United States to meet the demand of a rising world population, rising costs of production, and limitations on energy consumption. Improved productivity in food and agricultural processing and marketing sectors is a critical need in the national effort to achieve a strong economy. "(B) DEVELOPMENT OF NEW FOOD, FIBER, AND ENERGY

SOURCES.—Programs to identify and develop new crop and animal sources of food, fiber, and energy must be undertaken to meet future needs. "(C) AGRICULTURAL ENERGY USE AND PRODUCTION.—

Much of the current agricultural technology is relatively energy intensive. It is critical that alternative technologies be developed to increase agricultural energy efficiency and to reduce dependence on petroleum based products. Furthermore, agriculture provides the United States with alternative potential sources of energy that must be assessed and developed. "(D) NATURAL RESOURCES.—Improved management and conservation of soil, water, forest, and range resources are vital to maintain the resource base for food and fiber production. An expanded program in the area of soil and water conservation research is needed to develop more economical and effective conservation systems. Five key objectives of this research are: "(i) sustaining soil productivity; "(iii) managing water in stressed environments; "(iv) protecting the quality of the Nation's surface water and groundwater resources; and "(v) establishing integrated multidisciplinary organic farming research projects designed to foster the implementation of the major recommendations of the Department of Agriculture Report and Recommendations on Organic Farming, July 1980.
 * (ii) developing more cost-effective and practical conservation technologies;

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Page:United States Statutes at Large Volume 95.djvu/1322

 95 STAT. 1296

PUBLIC LAW 97-98—DEC. 22, 1981 "(E)

PROMOTION OF THE HEALTH AND WELFARE OF

PEOPLE.—The basic objectives of food and agricultural research, extension, and teaching programs are to make the maximum contribution to the health and welfare of people and to the economy of the United States through the enhancement of owner-operated family farms, to improve community services and institutions, to increase the quality of life in rural America, and to improve the well-being of consumers. The rapid rate of social change, economic instability, and current energy problems increase the need for expanded programs of research and extension in family financial management, housing and home energy consumption, food preparation and consumption, human development (including youth programs), and development of community services and institutions. "(F) HUMAN NUTRITION.—The challenge to meet the food needs of the world continues, but there is an increasing need to address nutrition research and educational issues associated with diet resulting from changing life styles and with respect to special groups such as the elderly, teenagers, infants, and pregnant women. "(G)

INTERNATIONAL FOOD

AND

AGRICULTURE.—The

greatest challenge facing mankind through the next two

decades will be to produce adequate food for an expanding •'[ i« world population. This challenge demands a dedicated effort by the Federal Government and the State cooperative institutions, and other colleges and universities to expand international food and agricultural research, extension, and teaching proM*ams. Improved cooperation and communications by the Department of Agriculture and the cooperators with international agricultural research centers, counterpart agencies and universities in other countries, is necessary to improve food and agricultural progress throughout the world; and "(11) long-range planning for research, extension, and teaching is a key element in meeting the objectives of this title; accordingly, all of the elements in the food and agTicultural science and education system are encouraged to expand their planning and coordination efforts.". PURPOSES

SEC. 1403. Section 1403 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3102) is amended by— (1) amending paragraph (2) to read as follows: "(2) undertake the special measures set forth in this title to improve the coordination and planning of agricultural research, extension, and teaching programs, identify needs and establish priorities for these programs, assure that national agricultural research, extension, and teaching objectives are fully achieved, and assure that the results of agricultural research are effectively communicated and demonstrated to farmers, processors, handlers, consumers, and all other users who can benefit therefrom;"; (2) striking out in paragraph (4) the comma after "programs" the first time it appears and striking out "including the initiatives specified in section 1402(8) of this title,"; (3) striking out "scientific" in paragraph (5); and

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1297

(4) striking out "training and research" in paragraph (7) and inserting in lieu thereof research, extension, and teaching". DEFINITIONS

SEC. 1404. Section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is amended by(1) amending paragraph (8) to read as follows: "(8) the term 'food and agricultural sciences' means basic, applied, and developmental research, extension, and teaching activities in the food, agricultural, renewable natural resources, forestry, and physical and social sciences, in the broadest sense of these terms, including but not limited to, activities relating to: "(A) agriculture, including soil and water conservation and use, the use of organic waste materials to improve soil tilth and fertility, plant and animal production and protection, and plant and animal health; "(B) the processing, distributing, marketing, and utilization of food and agricultural products; "(C) forestry, including range management, production of forest and range products, multiple use of forest and rangelands, and urban forestry; "(D) aquaculture; "(E) home economics, including consumer affairs, food and nutrition, clothing and textiles, housing, and family wellbeing and financial management; "(F) rural community welfare and development; "(G) youth development, including 4-H clubs; "(H) domestic and export market expansion for United States agricultural products; and "(I) production inputs, such as energy, to improve productivity;^'; (2) amending paragraph (12) to read as follows: "(12) the term 'State* means any one of the fifty States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, the Virgin Islands of the United States, and the District of Columbia;"; (3) striking out "and" immediately after the semicolon in paragraph (13); (4) amending paragraph (14) to read as follows: "(14) the term 'teaching' means formal classroom instruction, laboratory instruction, and practicum experience in the food and agricultural sciences and matters relating thereto (such as faculty development, student recruitment and services, curriculum development, instructional materials and equipment, and innovative teaching methodologies) conducted by colleges and universities offering baccalaureate or higher degrees;"; (5) adding at the end thereof new paragraphs (15) and (16) as follows: "(15) the term 'cooperating forestry schools' means those institutions eligible to receive funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the MclntireStennis Act of 1962; and "(16) the term 'State cooperative institutions* or 'State cooperative agents' means institutions or agents designated by—

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Page:United States Statutes at Large Volume 95.djvu/1324

 95 STAT. 1298

7 USC 3191.

PUBLIC LAW 97-98—DEC. 22, 1981 "(A) the Act of July 2, 1862 (7 U.S.C. 301 et seq.), commonly known as the First Morrill Act; "(B) the Act of August 30, 1890 (7 U.S.C. 321 et seq.), commonly known as the Second Morrill Act, including the Tuskegee Institute; "(C) the Act of March 2, 1887 (7 U.S.C. 361a et seq.), commonly known as the Hatch Act of 1887; "(D) the Act of May 8, 1914 (7 U.S.C. 341 et seq.), commonly known as the Smith-Lever Act; "(E) the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the Mclntire-Stennis Act of 1962; and "(F) subtitles E, L, and M of this title;".

Post, p. 1316, RESPONSIBIUTIES OF THE SECRETARY AND COORDINATING ROLE OF THE DEPARTMENT OF AGRICULTURE

16 USC 1601, ^°^^ 16 USC 2004, ^^^^-

SEC. 1405. Section 1405 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) is amended by(1) striking out "Secretary of Health, Education, and Welfare" in paragraph (1) and inserting in lieu thereof "Secretary of Health and Human Services"; (2) striking out "other" in paragraph (5); (3) inserting "or proposed" in paragraph (6) after "actions taken"; (4) striking out "and" at the end of paragraph (8); (5) striking out the period in paragraph (9) and inserting in lieu thereof a semicolon; and (6) adding at the end thereof the following new paragraphs: "(10) coordinate all agricultural research, extension, and teaching activities conducted or financed by the Department of Agriculture with the periodic renewable resource assessment and program provided for in sections 3 and 4 of the Forest and Rangeland Renewable Resources Planning Act of 1974 and the appraisal and program provided for in sections 5 and 6 of the Soil and Water Resources Conservation Act of 1977; and "(11) take the initiative in overcoming barriers to long-range planning by developing, in conjunction with the States, State cooperative institutions, the Joint Council, the Advisory Board, and other appropriate institutions, a long-term needs assessment for food, fiber, and forest products, and by determining the research requirements necessary to meet the identified needs.". SUBCOMMITTEE ON FOOD, AGRICULTURAL, AND FORESTRY RESEARCH

42 USC 6651.

SEC. 1406. (a) Section 1406 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by striking out the title and inserting in lieu thereof "Subcommittee on Food, Agricultural, and Forestry Research". (b) Section 401(h) of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6651(h)) is amended by— (1) striking out "Subcommittee on Food and Renewable Resources" and inserting in lieu thereof "Subcommittee on Food, Agricultural, and Forestry Research"; (2) striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Health and Human Services"; and

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1299

(3) striking out "Energy Research and Development Administration" and inserting in lieu thereof "Department of Energy", (c) Section 257(b) of the Energy Security Act (42 U.S.C. 8852(b)) is amended in paragraph (1) by striking "Subcommittee on Food and Renewable Resources" and inserting in lieu thereof "Subcommittee on Food, Agricultural, and Forestry Research". JOINT COUNCIL ON FOOD AND AGRICULTURAL SCIENCES

SEC. 1407. (a) Section 1407(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(a)) is amended by striking out "of five years" and inserting in lieu thereof "that expires September 30, 1985'\ (b) Section 1407(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(b)) is amended to read as follows: "(b) The Joint Council shall be composed of not fewer than twentyfive representatives of organizations or agencies which conduct or assist in conducting programs of research, extension, or teaching in the food and agricultural sciences, including State cooperative institutions; other colleges and universities having a demonstrable capacity to carry out food and agricultural research, extension, or teaching; agencies within the Department of Agriculture which have significant research, extension, or teaching responsibilities; the Office of Science and Technology Policy; other Federal agencies determined by the Secretary to be appropriate, and other public and private institutions, producers, and representatives of the public who are interested in and have a potential to contribute, as determined by the Secretary, to the formulation of national policy in the food and agricultural sciences. Members shall be appointed for a term of up to three years by the Secretary from nominations made by the organizations and agencies described in the preceding sentence. The terms of members shall be staggered. To ensure that regional differences are properly considered, at least one-half of the members of the Joint Council shall be appointed by the Secretary from among distinguished persons engaged in agricultural research, extension, or teaching programs at land-grant colleges and universities and State agricultural experiment stations. To ensure that other agricultural institutional views are considered by the Joint Council, two of the members of the Joint Council shall be appointed by the Secretary from among persons who are distinguished representatives of other colleges and universities having a demonstrable capacity to carry out food and agricultural research, extension, or teaching. The Joint Council shall be jointly chaired by the Assistant Secretary of Agriculture responsible for research, extension, and teaching, and a person to be elected from among the non-Federal membership of the Joint Council.". (c) Section 1407(d)(l) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(1)) is amended to read as follows: "(1) The primary responsibility of the Joint Council is to bring about more effective research, extension, and teaching in the food and agricultural sciences in the United States by improving planning and coordination of publicly and privately supported food and agricultural science activities and by relating Federal budget development and program management to these processes.". (d) Section 1407(d)(2)(E) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(2)(E)) is

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 95 STAT. 1300

Report.

Open meetings.

7 USC 2281.

PUBLIC LAW 97-98—DEC. 22, 1981

amended by striking out "efforts" and all that follows through "planning, and inserting in lieu thereof "in the food and agricultural sciences, by using, wherever possible, the existing regional research, extension, andf teaching organizations of State cooperative institutions to provide r ^ o n a l planning and coordination,". (e) Section 1407(d)(2)(G) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3122(d)(2)(G)) is amended to read as follows: "(G) submit a report— "(i) not later than June 30 of each year, specifying the Joint Council's recommendations on priorities for food and agricultural research, extension, and teaching programs; delineating si^gested areas of responsibility among Federal, State, and private organizations in carrying out such programs; and specifying the levels of financial and other support needed to carry out such programs; "(ii) not later than November 30 of each year, specifying ongoing research, extension, and teaching programs; accomplishments of such programs; and future expectations of these programs; and "(iii) not later than June 30, 1983, outlining a five-year plan for food and agricultural sciences that reflects the coordinated views of the research, extension, and teaching community; and updating this plan every two years thereafter. Each such report shall be submitted to the Secretary of Agriculture. Minority views, if timely submitted, shall be included in such report.". (f) Section 1407 of the National Agricultural Research, Extension, and Teaching Policv Act of 1977 (7 U.S.C. 3122) is amended by adding at the end thereof the following new subsections: "(e) The meetings of the Joint Council shall be publicly announced in advance and shall be open to the public. Appropriate records of the activities of the Joint Council shall be kept and made available to the public on request. "(f) The Federal Advisory Committee Act (5 U.S.C. App.) and title XVni of the Food and Agriculture Act of 1977 shall not appl^ to the Joint Council.". NATIONAL AGRICULTURAL RESEARCH AND EXTENSION USERS ADVISORY BOARD

SEC. 1408. (a) Section 1408(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(a)) is amended by striking out "of five years" and inserting in lieu thereof "that expires September 30, 1985'\ (b) Section 14O80t)) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(b)) is amended by— (1) striking out "twenty-one" and inserting in lieu thereof "twenty-five and inserting "to serve staggered terms" after "Secretary"; and (2) amending paragraph (1) to read as follows:. "(1) eight members representing producers of agricultural, forestry, and aquacultural products, from the various geographical regions,"

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Page:United States Statutes at Large Volume 95.djvu/1327

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1301

(c) Section 1408(f)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(fK2)) is amended byCD striking out "October 31" in subparagraph (E) and inserting in lieu thereof "July 1"; and (2) striking out "March 1 o f in subparagraph (F) and inserting in lieu thereof "February 20 of. EXISTING RESEARCH PRCKiRAMS

SEC. 1409. Section 1409 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3124) is amended by striking out "Health, Education, and Welfare" each time it appears and inserting in lieu thereof "Health and Human Services". FEDERALrSTATE PARTNERSHIP

SEC. 1410(a). The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding a new section as follows: "FEDERAL-STATE PARTNERSHIP AND COORDINATION

"SEC. 1409A. (a) A unique partnership arrangement exists in food '^ use 3i24a. and agricultural research, extension, and teaching between the Federal Government and the governments of the several States whereby the States have accepted and have supported, through l^islation and appropriations— "(1) research programs under— "(A) the Act of March 2, 1887 (7 U.S.C. 361a et seq.), commonly known as the Hatch Act of 1887; "(B) the Act of October 10, 1962 (16 U.S.C. 582a et seq.), commonly known as the Mclntire-Stennis Act of 1962; "(C) subtitle E of this title; and 7 USC 3i9i. "(D) subtitle G of this title; 7 USC 3221. "(2) extension programs under subtitle G of this title and the Act of May 8, 1914 (7 U.S.C. 341 et seq.), commonly known as the Smith-Lever Act; and "(3) teaching p n ^ a m s under— "(A) the Act of July 2, 1862 (7 U.S.C. 301 et seq.), commonly known as the First Morrill Act; "(B) the Act of August 30, 1890 (7 U.S.C. 321 et seq.), commonly known as the Second Morrill Act; and "(C) the Act of June 29, 1935 (7 U.S.C. 329), commonly known as the Bankhead-Jones Act. This partnership in publicly supported agricultural research, extension, and teaching involving the programs of Federal agencies and the programs of the States has played a major role in the outstanding successes achieved in meeting the varied, dispersed, and in many cases, site-specific needs of American agriculture. This partnership must be preserved and enhanced. "(b) In order to promote research and education in food and human nutrition, the Secretary may establish cooperative human nutrition centers to focus resources, facilities, and scientific expertise on particular high priority nutrition problems identii^ed by the Department. Such centers shall be established at State cooperative institutions; and at other collies and universities, having a demonstrable capacity to carry out human nutrition research and education.

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Page:United States Statutes at Large Volume 95.djvu/1328

 95 STAT. 1302

Ante, p. 1294.

PUBLIC LAW 97-98—DEC. 22, 1981

"(c) In order to meet the increasing needs of consumers and to promote the health and welfare of people, the Secretary shall ensure that the cooperative research, extension, and teaching programs of the various States adequately address the challenges described in paragraph (10) of section 1402 of this title. The Secretary may implement new cooperative initiatives in home economics and related disciplines to address such challenges.". 0)) The table of contents of the Food and Agriculture Act of 1977 is amended by inserting immediately after the item relating to section 1409 the following new item: "Sec. 1409A. Federal-State partnership and coordination.". SECRETARY'S REPORT

Ante, p. 1298.

SEC. 1411. Section 1410 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3125) is amended by(1) striking out "February 1" and inserting in lieu thereof "January 1"; (2) striking out "and" at the end of paragraph (2); (3) striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon,and the word "and"; and (4) adding at the end thereof a new paragraph as follows: "(4) in the report of January 1, 1984, the Secretary's needs assessment developed pursuant to the provisions of section 1405(11) of this title.". UBRARIES AND INFORMATION NETWORK

SEC. 1412, Section 1411 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3126) is amended by(1) striking out "and" at the end of subsection (a)(4); (2) striking out the period at the end of subsection (a)(5) and inserting in lieu thereof a semicolon and "and"; (3) adding a new paragraph at the end of subsection (a) as follows: "(6) the Department of Agriculture establish mutually valuable working relationships with international and foreign information and data programs."; and (4) amending subsection (b)(3) to read as follows: "(3) providing notification about these collections on a regular basis to the State cooperative extension services. State educational agencies, and other interested persons.". STAFF SUPPORT FOR THE JOINT COUNCIL AND THE ADVISORY BOARD

SEC. 1413. Section 1412(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3127(a)) is amended to read as follows: "(a) To assist the Joint (Douncil and the Advisory Board in the performance of their duties, the Secretary may appoint, after consultation with the cochairpersons of the Joint Council and the chairperson of the Advisory Board— "(1) a full-time executive director who shall perform such duties as the cochairpersons of the Joint C!ouncil and the chairperson of the Advisory Board may direct and who shall receive compensation at a rate not to exceed the rate payable for GS-18

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Page:United States Statutes at Large Volume 95.djvu/1329

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1303

of the General Schedule established in section 5332 of title 5, United States Code; and "(2) a professional staff of not more than five full-time employees qualified in the food and agricultural sciences, of which one shall serve as the executive secretary to the Joint Council and one shall serve as the executive secretary to the Advisory Board.". GENERAL PROVISIONS; ADDITIONAL ASSISTANT SECRETARY OF AGRICULTURE

SEC. 1414. (a) Section 1413 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128) is amended by adding at the end thereof the following new subsections: "(c) There are authorized to be appropriated annually such sums as Congress may determine necessary to carry out the provisions of section 1412 of this title and subsection (b) of this section. 7 USC 3127. "(d) The Subcommittee on Food, Agricultural, and Forestry Research, the Joint Council, and the Advisory Board shall improve communication and interaction among themselves and with others in the agricultural science and education system through such mechanisms as the exchange of reports, joint meetings, and the use of liaison representatives. "(e) The President shall appoint, by and with the advice and consent of the Senate, an Assistant Secretary of Agriculture who shall perform such duties as are necessary to carry out this title and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture.". (b) Section 5315 of title 5, United States Code, is amended in the item relating to Assistant Secretaries of Agriculture by striking out "(5)" and inserting in lieu thereof "(6)". PROGRAM FOR COMPETITIVE, SPECIAL, AND FACILITIES GRANTS FOR AGRICULTURAL RESEARCH

SEC. 1415. (a) Section 2(b) of the Act of August 4, 1965 (7 U.S.C. 450i(b)), is amended by— (1) inserting in the second sentence after "on Food and Agricultural Sciences" the following: "and the National Agricultural Research and Extension Users Advisory Board"; (2) inserting after the second sentence the following: "For purposes of the preceding sentence, high priority research shall include— "(1) basic research aimed at the discovery of new scientific principles and techniques that may be applicable in agriculture and forestry; "(2) research aimed at the development of new and innovative products, methods, and technologies relating to biological nitrogen fixation, photosynthesis, and other processes which will improve and increase the production of agricultural and forestry resources; "(3) basic and applied research in the fields of animal productivity and health; "(4) basic and applied research in the fields of soil and water; "(5) basic and applied research in the field of human nutrition; and "(6) research to develop new strains of crops and new promising crops, including guayule, jojoba, and others."; and

89-194 0—82

84. Q U

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Page:United States Statutes at Large Volume 95.djvu/1330

 95 STAT. 1304

PUBLIC LAW 97-98—DEC. 22, 1981

(3) striking out "for the fiscal year ending September 30, 1982," in the Igist sentence and inserting in lieu thereof for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985,". (b) Section 2(c) of the Act of August 4, 1965 (7 U.S.C. 450i(c)) is amended by— (1) inserting "research foundations established by land-grant colleges and universities," in paragraph (1) after "land-grant colleges and universities,"; and (2) amending paragraph (2) to read as follows: "(2) to State agricultural experiment stations, land-grant colleges and universities, research foundations established by land-grant colleges and universities, colleges and universities receiving funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.) and accredited schools or colleges of veterinary medicine, to facilitate or expand ongoing State-Federal food and agricultural research programs that (A) promote excellence in research, (B) promote the development of regional research centers, (C) promote the research partnership between the Department of Agriculture and such colleges and universities, such research foundations or State agricultural experiment stations, or (D) facilitate coordination and cooperation of research among States.". (c) Section 2(d) of the Act of August 4, 1965 (7 U.S.C. 450i(d)) is amended by— (1) striking out "the purchase of equipment" and all that follows through the dash and inserting in lieu thereof "the renovation and refurbishment (including energy retrofitting) of research spaces in buildings or spaces to be usedfor research, and the purchase and installation of fixed equipment in such spaces. Such grants may be used for new construction only for auxiliary facilities and fixed equipment used for research in such facilities, such as greenhouses, insectaries, and research farm structures and installations. Such grants shall be made to—"; (2) striking out "available; and" in paragraph (1) and inserting in lieu thereof "available;"; (3) striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (4) inserting after paragraph (2) the following new paragraphs: "(3) each forestry school not described in paragraph (1) of this subsection, which is eligible to receive funds under the Act of October 10, 1962 (16 U.S.C. 582a et seq.), m an amount which is equal to 10 per centum of the funds received by such school under that Act; and "(4) each college eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute, in an amount which is equal to 10 per centum of the funds received by such college under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 7 USC 3222.

1977.". AMENDMENTS TO THE RESEARCH FACILITIES ACT OF 1963

SEC. 1416. Section 4(a) of the Act of July 22, 1963 (7 U.S.C. 390c(a)) is amended by striking out "for the fiscal year ending September 30, 1982," and inserting in lieu thereof "for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985,".

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Page:United States Statutes at Large Volume 95.djvu/1331

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1305

APPORTIONMENT OF FUNDS APPROPRIATED FOR SCHOOLS OF VETERINARY MEDICINE

SEC. 1417. Section 1415(c)(2) of the National Agricultural Research, Ejrtension, and Teaching Policy Act of 1977 (7 U.S.C. 3151(c)(2)) is amended by striking out the colon and the proviso. FEDERAL SUPPORT OF HIGHER EDUCATION IN THE FOOD AND AGRICULTURAL SCIENCES

SEC. 1418. (a) Section 1417(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(a)) is amended to read as follows: "(a)(1) The Secretary shall promote and develop higher education in the food and agricultural sciences by formulating and administering higher education programs. (2) The Secretary may make grants to land-grant colleges and universities, and to other colleges and universities having a demonstrable capacity to carry out food and agricultural teaching, for a period not to exceedfiveyears— "(A) to strengthen institutional capacities to respond to State, national, or international educational needs in the food and agricultural sciences; "(B) to attract students and to educate them as needed in the food and agricultural sciences, and to attract needed professionals to provide for their professional improvement in the food and agricultural sciences; "(C) to design and implement innovative food and agricultural educational programs; and "(D) to facilitate cooperative agreements between two or more eligible institutions to maximize the use of faculty and facilities to improve their food and agricultural teaching programs. Such grants shall be made without regard to matching funds, but each recipient institution shall have a significant ongoing commitment to the food and agricultural sciences generally and to the specific subject area for which such grant is to be used. "(3) The Secretary may make competitive grants to colleges and universities for a period not to exceedfiveyears— "(A) to develop or administer programs to meet unique food and agricultural educational problems; and "(B) to administer and conduct specialized programs to attract individuals for undergraduate and graduate programs and to administer and conduct graduate fellowship programs to meet regional and national Directives in the food and agricultural sciences. Such grants shall be made without regard to matching funds provided by recipients.". (b) Section 1417(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(c)) is amended by adding at the end thereof the following: "There are hereby transferred to the Secretary all the functions and duties of the Secretary of Education under the Act of June 29, 1935 (7 U.S.C. 329) applicable to the activities and programs for which funds are made available under section 22 of such Act.". (c) Section 1417(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(d)) is amended by striking out "for the fiscal year ending September 30, 1982," and inserting in lieu thereof "for each of the fiscal years ending Septem-

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Page:United States Statutes at Large Volume 95.djvu/1332

 95 STAT. 1306

PUBLIC LAW 97-98—DEC. 22, 1981

ber 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985,". TRANSFER OF FUNCTIONS UNDER THE SECOND MORRILL ACT

SEC. 1419. There are hereby transferred to the Secretary of Agriculture all the functions and duties of the Secretary of Education under the Act of August 30, 1890 and the tenth and eleventh paragraphs under the heading "Emergency Appropriations." of the Act of March 4, 1907(7 U.S.C.321etseq.). NATIONAL AGRICULTURAL SCIENCE AWARD

SEC. 1420. (a) Section 1418 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3153) is amended by— (1) amending the section heading to read as follows: "NATIONAL AGRICULTURAL SCIENCE AWARD";

Establishment.

(£) amending subsection (a) to read as follows: "(a) The Secretary shall establish the National Agricultural Science Award for research or advanced studies in the food and agricultural sciences, including the social sciences. Two such awards, one for each of the categories described in subsection (d) of this section, shall be made in each fiscal year."; (3) redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (4) inserting immediately after subsection (b) a new subsection as follows: "(c) The awards shall be open to persons in agricultural research, extension, teaching, or any combination thereof.". (b) The table of contents of the Food and Agriculture Act of 1977 is amended by striking out the following: "Sec. 1418. National agricultural research award."

and inserting in lieu thereof the following: "Sec. 1418. National agricultural science award." REDESIGNATION OF INSTRUCTION FUNDING

SEC 1421. (a) The first section of the Act of August 30, 1890 (7 U.S.C. 322) is amended by striking out "agriculture, the mechanic arts," and all that follows through industries of life" and inserting in lieu thereof **food and agricultural sciences". (b) The eleventh paragraph under the heading "Emergency Appropriations." of the Act of March 4, 1907 (7 U.S.C. 322) is amended by striking out "agriculture and the mechanic arts" the second place it appears and inserting in lieu thereof "food and ^ricultural sciences". ALCOHOL AND INDUSTRIAL HYDROCARBONS

SEC. 1422. Section 1419(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3154(a)) is amended by— (1) striking out in the first sentence "colleges and universities, and Government corporations" and inserting in lieu thereof "colleges, universities. Government corporations, and Federal laboratories" and striking out in the third sentence "colleges,

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Page:United States Statutes at Large Volume 95.djvu/1333

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1307

universities and Government corporations" and inserting in lieu thereof "colleges, universities. Government corporations, and Federal laboratories"; (2) striking out "four" in the sixth sentence; and (3) striking out "and September 30, 1982" in the sixth sentence and all that follows through the period at the end thereof and inserting in lieu thereof the following: "September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985: Provided, That the total amount of such appropriations shall not exceed $40,000,000 during the eight-year period beginning October 1, 1977, and shall not exceed such sums as may be authorized by law for any fiscal year subsequent to such period: Provided further, That not more than a toted of $5,000,000 may be awarded to the colleges and universities of any one State.". NUTRITION EDUCATION PROGRAM

SEC. 1423. Section 1425 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended byC amending subsection Qy) to read as follows: D "0?) In order to enable low-income individuals and families to engage in nutritionally sound food purchasing and preparation practices, the expanded food and nutrition education program conducted under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), shall provide for the emplo3'inent and training of professional and paraprofessional aides to engage in direct nutrition education of lowincome families and in other appropriate nutrition education programs. To the maximum extent practicable, such program aides shall be hired from the indigenous target population."; and (2) adding a new subsection as follows: "(c) Beginning with the fiscal year ending September 30, 1982— "(1) Any funds annually appropriated under section 3(d) of the Act of May 8, 1914, for the conduct of the expanded food and nutrition education program, up to the amount appropriated under such section for such program for the fiscal year ending September 30, 1981, shall be allocated to each State in the same proportion as funds appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, are allocated among the States; with the exception that the Secretary may retain up to 2 per centum of such amount for the conduct of such program in Stat^ that did not participate in such program in the fiscal year ending September 30, 1981. "(2) Any funds appropriated annually under section 3(d) of the Act of May 8, 1914, for the conduct of the expanded food and nutrition education program in excess of the amount appropriated under such section for the conduct of the program for the fiscal year ending September 30, 1981, shall be allocated as follows: "(A) 4 per centum shall be available to the Secretary for administrative, technical, and other services necessary for the administration of the program. "(B) The remainder shall be allocated among the States as follows: "(i) 10 per centum shall be distributed equally gunong all States; and "(ii) the remainder shall be allocated to each State in an amount which bears the same ratio to the total

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Page:United States Statutes at Large Volume 95.djvu/1334

 95 STAT. 1308

Ante, p. 511.

PUBLIC LAW 97-98—DEC. 22, 1981 amount to be allocated under this subparagraph as the population of the State living at or below 125 per centum of the income poverty guidelines prescribed by the Office of Management and Budget (adjusted pursuant to section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902)), bears to the total population of all the States living at or below 125 per centum of the income poverty guidelines, as determined by the last preceding decennial census at the time each such additional amount is first appropriated. The provisions of this subparagraph shall not preclude the Secretary from developing educational materials and programs for persons in income ranges above the level designated in this subparagraph.".

REPEAL OP SECTION 1426 OF THE NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT OF 1977

SEC. 1424. (a) Section 1426 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3176) is repealed. O> The table of contents of the Food and Agriculture Act of 1977 is t) amended by striking out "Sec. 1426. Nutrition education materials."

and inserting in lieu thereof "Sec. 1426. Repealed.". HUMAN NUTRITION RESEARCH AND INFORMATION MANAGEMENT SYSTEM

SEC. 1425. (a) Section 1427 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3177) i? amended to read as follows: HUMAN NUTRITION RESEARCH AND INFORMATION MANAGEMENT SYSTEM

Plan, submittal to Congress.

"SEC. 1427. The Secretary and the Secretary of Health and Human Services shall formulate and submit to Congress, within one hundred and eighty days after the date of enactment of this section, a plan for a human nutrition research management system. This system shall be bsised on on-line data support capability allowing for fiscal accounting, management, and control of cross-agency human nutrition research activities. The plan shall provide for management activities of all agencies managing funds for human nutrition research activities under existing authorities and contain recommendations for any additional authorities necessary to achieve a human nutrition research management system.". (b) The table of contents of the Food and Agriculture Act of 1977 is amended by striking out "Sec. 1427. Report to Congress."

and inserting in lieu thereof "Sec. 1427. Human nutrition research and information management system.".

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