text:
Page:United States Statutes at Large Volume 99 Part 2.djvu/472

 99 STAT. 1582

PUBLIC LAW 99-198—DEC. 23, 1985 FOOD STAMP PROGRAM INFORMATION AND SIMPUFIED APPLICATION AT SOCIAL SECURITY ADMINISTRATION OFFICES

Effective date. Ante, p. 1568.

Effective date. Regulations.

Report.

SEC. 1531. (a) Effective October 1, 1986, clause (2) of the first sentence of section ll(i) of the Food Stamp Act of 1977 (7 U.S.C. 2020(i)), as amended by section 1531, is amended by— (1) inserting "applicants for or" after "members are"; (2) striking out "permitted" and all that follows through "office", and inserting in lieu thereof "informed of the availability of benefits under the food stamp program and be assisted in making a simple application to participate in such program at the social security office". (b) Effective October 1, 1986, section ll(j) of the Food Stamp Act of 1977 (7 U.S.C. 20200')) is amended to read as follows: "OXD Any individual who is an applicant for or recipient of social security benefits (under regulations prescribed by the Secretary in conjunction with the Secretary of Health and Human Services) shall be informed of the availability of benefits under the food stamp program and informed of the availability of a simple application to participate in such program at the social security office. "(2) The Secretary and the Secretary of Health and Human Services shall revise the memorandum of understanding in effect on the date of enactment of the Food Security Act of 1985, regarding services to be provided in social security offices under this subsection and subsection (i), in a manner to ensure that— "(A) applicants for and recipients of socisd security benefits are adequately notified in social security offices that assistance may be available to them under this Act; "(B) applications for assistance under this Act from households in which all members are applicants for or recipients of supplemental security income will be forwarded imme<hately to the State agency in an efficient and timely manner; and "(C) the Secretary of Health and Human Services receives from the Secretary reimbursement for costs incurred to provide such services.". (c) Not later than April 1, 1987, the Secretary of Agriculture shall submit a report, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, describing the nature and extent of the costs being incurred by the Secretary of Health and Human Services to comply with subsections (i) and (j) of section 11 of the Food Stamp Act of 1977, as amended by subsections (a) and (b). RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS

Regulations.

SEC. 1532. (a) Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended by adding at the end thereof the following: "(e)(1) In the event any retail food store or wholesale food concern that has been disqualified under subsection (a) is sold or the ownership thereof is otherwise transferred to a purchaser or transferee, the person or persons who sell or otherwise transfer ownership of the retail food store or whol^ale food concern shall be subjected to a civil money penalty in an amount established by the Secretary through regulations to reflect that portion of the disqualiflcation period that has not yet expired. If the retail food store or wholesale food concern has been disqualified permanently, the civil money penalty shall be double the penalty for a ten-year disqualification

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Page:United States Statutes at Large Volume 99 Part 2.djvu/473

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99 STAT. 1583

period, as calculated under regulations issued by the Secretary. The disqualification period imposed under subsection (b) shall continue in effect EIS to the person or persons who sell or otherwise transfer ownership of the retail food store or wholesale food concern notwithstanding the imposition of a civil money penalty under this subsection. "(2) At any time after a civil money penalty imposed under Prohibition. paragraph (1) has become final under the provisions of section 14(a), Post, p. 1585. the Secretary may request the Attorney General to institute a civil action against the person or persons subject to the penalty in a district court of the United States for any district in which such person or persons are found, reside, or transact business to collect the penalty and such court shall have jurisdiction to hear and decide such action. In such action, the validity and amount of such penalty shall not be subject to review.". (b) Section 9(b) of the Food Stamp Act of 1977 (7 U.S.C. 2018(b)) is amended by— (1) inserting "(1)" after the subsection designation; and (2) adding at the end thereof the following new paragraph: "(2)(A) A buyer or transferee (other than a bona fide buyer or Prohibition transferee) of a retail food store or wholesale food concern that has been disqualified under section 12(a) may not accept or redeem Ante, p. 1582. coupons until the Secretary receives full payment of any penalty imposed on such store or concern. ' (B) A buyer or transferee may not, as a result of the sale or transfer of such store or concern, be required to furnish a bond under section 12(d).". LIABILTTY FOR OVERISSUANCE OF COUPONS

SEC. 1533. Section 13(a) of the Food Stamp Act of 1977 (7 U.S.C. 2022(a)) is amended by— (1) inserting "(1)" after the subsection designation; and (2) adding at the end thereof the following new paragraph: "(2) Each adult member of a household shall be jointly and severally liable for the value of any overissueince of coupons.". COLLECTION OF CLAIMS

SEC. 1534. Section 13(b)(l)(B) of the Food Stamp Act of 1977 (7 U.S.C. 2022(b)(l)(B)) is amended by— (1) striking out "may" and inserting in lieu thereof "shall"; and (2) inserting ", unless the State agency demonstrates to the satisfaction of the Secretary that such other means are not cost effective" before the period at the end thereof FOOD STAMP INTERCEPT OF UNEMPLOYMENT BENEFITS

SEC. 1535. (a) Section 13 of the Food Stamp Act of 1977 (7 U.S.C. 2022) is amended by adding at the end thereof the following new subsection: "(c)(1) As used in this subsection, the term 'uncollected overissuance' means the amount of an overissuance of coupons, as determined under subsection (b)(D, that has not been recovered pursuant to subsection (b)(D. "(2) A State agency may determine on a periodic b£Lsis, from information supplied pursuant to section 3(b) of the Wagner-Peyser

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Page:United States Statutes at Large Volume 99 Part 2.djvu/474

 99 STAT. 1584

Ante, p. 1580.

Ante, p. 1583.

Ante, p. 1583.

PUBLIC LAW 99-198—DEC. 23, 1985

Act (29 U.S.C. 49b(b)), whether an individual receiving compensation under the State's unemployment compensation law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law) owes an uncollected overissuance. (3) A State agency may recover an uncollected overissuance— "(A)by"(i) entering into an agreement with an individual described in paragraph (2) under which specified amounts will be withheld from unemployment compensation otherwise pavable to the individual; and '(ii) furnishing a copy of the agreement to the State agency administering the unemployment compensation law; or "(B) in the absence of an agreement, by obtaining a writ, order, summons, or other similar process in the nature of garnishment from a court of competent jurisdiction to require the withholding of amounts from the unemployment compensation.". (b)(1) Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended by section 1526, is amended by adding at the end thereof the following new paragraph: "(24) at the option of the State, for procedures necessary to obtain payment of uncollected overissuance of coupons from unemployment compensation pursuant to section 13(c).". (2) Section 3(b) of the Wagner-Peyser Act (29 U.S.C. 49b(b)) is amended by— (A) striking out "or" the second place it appears and inserting in lieu thereof a comma; and (B) inserting after "such Act," the following: "or of a State agency charged with the administration of the food stamp program in a State under the Food Stamp Act of 1977 (7 U.S.C. 2011etseq.),". (3) Section 303(d) of the Social Security Act (42 U.S.C. 503(d)) is amended by— (A) redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) inserting after paragraph (1) the following new paragraph: "(2)(A) For purposes of this paragraph, the term 'unemployment compensation means any unemployment compensation payable under the State law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law). "(B) The State agency charged with the administration of the State law— "(i) may require each new applicant for unemployment compensation to disclose whether the applicant owes an uncollected overissuance (as defined in section 13(c)(l) of the Food Stamp Act of 1977) of food stamp coupons, "(ii) may notify the State food stamp agency to which the uncollected overissuance is owed that the applicant has been determined to be eligible for unemployment compensation if the applicant discloses under clause (i) that the applicant owes an uncollected overissuance and the applicant is determined to be so eligible, "(iii) may deduct and withhold from any unemployment compensation otherwise payable to an individual— "(I) the amount specified by the individual to the State agency to be deducted and withheld under this clause,

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Page:United States Statutes at Large Volume 99 Part 2.djvu/475

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99 STAT. 1585

"(11) the amount (if any) determined pursuant to an agreement submitted to the State food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977, or Ante, p. 1583. "(Ill) any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to section 13(c)(3)(B) of such Act, and "(iv) shall pay any amount deducted and withheld under clause (iii) to the appropriate State food stamp agency. "(C) Any amount deducted and withheld under subparagraph (B)(iii) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the State food stamp ^ency to which the uncollected overissuance is owed as repayment of the individual's uncollected overissuance. "(D) A State food stamp agency to which an uncollected overissuance is owed shall reimburse the State agency charged with the administration of the State unemployment compensation law for the administrative costs incurred by the State agency under this paragraph that are attributable to repayment of uncollected overissuance to the State food stamp agency to which the uncollected overissuance is owed.". (c)(1) The proviso of the first sentence of section 16(a) of the Food Stamp Act of 1977 (7 U.S.C. 2025(a)) is amended by striking out "section 13(b)(l) of this Act" and inserting in lieu thereof "subsections (b)(1) and (c) of section 13". (2) The first sentence of section 18(e) of such Act (7 U.S.C. 2027(e)) Post, p. 1589. is amended by striking out "section 13(b) of this Act" and inserting in lieu thereof "subsections (b) and (c) of section 13". ADMINISTRATIVE AND JUDICIAL REVIEW

SEC. 1536. The last sentence of section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended by— (1) striking out "an application ' and inserting in lieu thereof "on application"; and (2) striking out "showing of irreparable injury" and inserting in lieu thereof "consideration by the court of the applicant's likelihood of prevailing on the merits and of irreparable injury". STATE AGENCY LIABILITY, QUALITY CONTROL, AND AUTOMATIC DATA PROCESSING

SEC. 1537. (a) Effective with respect to the fiscal year beginning Effective date. October 1, 1985, and each fiscal year thereafter, section 16(d) of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by— (1) in paragraph (2)(A), inserting before the period at the end thereof the following: "less any amount payable as a result of the use by the State agency of correctly processed information received from an automatic information exchange system made available by any Federal department or agency', and (2) adding at the end thereof the following: "(6) To facilitate the implementation of paragraphs (2) and (3), each State agency shall submit to the Secretary expeditiously data regarding its operations in each fiscal year sufficient for the Secretary to establish the payment error rate for the State agency for

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Page:United States Statutes at Large Volume 99 Part 2.djvu/476

 99 STAT. 1586

Ante, p. 1585.

5 USC app. Federal Register, publication.

Report.

Report.

PUBLIC LAW 99-198—DEC. 23, 1985

such fiscal year and determine the amount for which the State agency will be liable for such fiscal year under paragraphs (2) and (3). The Secretary shall make a determination for a fiscal year, and notify the State agency of such determination, within nine months following the end of each fiscal year. The Secretary shall initiate efforts to collect the amount owed by the State agency as a claim established under paragraphs (2) and (3) for a fiscal year, subject to the conclusion of any formal or informal appeal procedure and administrative or judicial review under section 14 (as provided for in paragraph (5)), before the end of the fiscal year following such fiscal year.'. (b) Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end thereof the following new subsection: "(o)(l) The Secretary shall develop, after consultation with, and with the assistance of, an advisory group of State agencies appointed by the Secretary without regard to the provisions of the Federal Advisory Committee Act, a model plan for the comprehensive automation of data processing and computerization of information systems under the food stamp program. The plan shall be developed and made available for public comment through publication of the proposed plan in the Federal Register not later than October 1, 1986. The Secretary shall complete the plan, taking into consideration public comments received, not later than February 1, 1987. The elements of the plan may include intake procedures, eligibility determinations and calculation of benefits, verification procedures, coordination with related Federal and State programs, the issuance of benefits, reconciliation procedures, the generation of notices, and program reporting. In developing the plan, the Secretary shall take into account automated data processing and information systems already in existence in States and shall provide for consistency with such systems. "(2) Not later than October 1, 1987, each State agency shall develop and submit to the Secretary for approval a plan for the use of an automated data processing and information retrieval system to administer the food stamp program in such State. The State plan shall take into consideration the model plan developed by the Secretary under paragraph (1) and shall provide time frames for completion of various phases of the State plan. If a State agency already has a sufficient automated data processing and information retrieval system, the State plan may, subject to the Secretary's approval, reflect the existing State system. (3) Not later than April 1, 1988, the Secretary shall prepare and submit to Congress an evaluation of the degree and sufficiency of each State's automated data processing and computerized information systems for the administration of the food stamp program, including State plans submitted under paragraph (2). Such report shall include an analysis of additional steps needed for States to achieve effective and cost-efficient data processing and information systems. The Secretary, thereafter, shall periodically update such report. (4) Based on the Secretary's findings in such report submitted under paragraph (3), the Secretary may require a State agency, as necessary to rectify identified shortcomings in the administration of the food stamp program in the State, except where such direction would displace State initiatives already under way, to take specified steps to automate data processing systems or computerize information systems for the administration of the food stamp program in

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Page:United States Statutes at Large Volume 99 Part 2.djvu/477

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99 STAT. 1587

the State if the Secretary finds that, in the absence of such systems, there will be program accountability or integrity problems that will substantially affect the administration of the food stamp program in the State. "(5)(A) Subject to subparagraph (B), in the case of a plan for an automated data processing and information retrieval system submitted by a State agency to the Secretary under paragraph (2), such State agency shall— "(i) commence implementation of its plan not later than October 1, 1988; and "(ii) meet the time frames set forth in the plan. "(B) The Secretary shall extend a deadline imposed under subparagraph (A) to the extent the Secretary deems appropriate based on the Secretary's finding of a good faith effort of a State agency to implement its plan in accordance with subparagraph (A).". (c) Section 11(g) of the Food Stamp Act of 1977 (7 U.S.C. 202(Xg)) is amended by— (1) inserting "the State plan for automated data processing submitted pursuant to subsection (o)(2) of this section," after Ante, p. 1586. "pursuant to subsection (d) of this section,", and (2) striking out "16(a) and 16(c)" and inserting in lieu thereof "16(a), 16(c), and 16(g)". QUALITY CONTROL STUDIES AND PENALTY MORATORIUM

SEC. 1538. (a)(l)(A) The Secretary of Agriculture (hereinafter re- 7 USC 2025 ferred to in this section as the "Secretary") shall conduct a study of note. the quality control system used for the food st£mip program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). (B) The study shall— (i) examine how best to operate such system in order to obtain information that will allow the State agencies to improve the quality of administration; and (ii) provide reasonable data on the basis of which Federal funding may be withheld for State agencies with excessive levels of erroneous payments. (2)(A) The Secretary shall also contract with the National Acad- Contracts emy of Sciences to conduct a concurrent independent study for the purpose described in paragraph (1). (B) For purposes of such study, the Secretary shall provide to the National Academy of Sciences any relevant data available to the Secretary at the onset of the study and on an ongoing basis. (3) Not later than 1 year after the date of enactment of this Act, the Secretary and the National Academy of Sciences shall report the results of their respective studies to the Congress. (b)(l) During the 6-month period beginning on the date of enactment of this Act (hereinafter in this section referred to as the "moratorium period"), the Secretary shall not impose any reductions in payments to State agencies pursuant to section 16 of the Ante, pp. 1577, Food Stamp Act of 1977 (7 U.S.C. 2025). 1580, 1585; (2) During the moratorium period, the Secretary and the State p. 1588. post, agencies shall continue to— (A) operate the quality control systems in effect under the Food Stamp Act of 1977; and (B) calculate error rates under section 16 of such Act.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/478

 99 STAT. 1588 Regulations.

7 USC 2011 note.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

(c)(1) Not later than 18 months after the date of enactment of this Act, the Secretary shall publish regulations that shall— (A) restructure the quality control system used under the Food Stamp Act of 1977 to the extent the Secretary determines to be appropriate, taking into account the studies conducted under subsection (a); and (B) establish, taking into account the studies conducted under subsection (a), criteria for adjusting the reductions that shall be made for quarters prior to the implementation of the restructured quality control system so as to eliminate reductions for those quarters that would not be required if the restructured quality control system had been in effect during those quarters. (2) Beginning 2 years after the date of the enactment of this Act the Secretary shall— (A) implement the restructured quality control system; and (B) reduce payments to State agencies— (i) for quarters after implementation of such system in accordance with the restructured quality control system; and (ii) for quarters before implementation of such system, as provided under the regulations described in paragraph dXB)." GEOGRAPHICAL ERROR-PRONE PROFILES

Ante, pp. 1577, 1580, 1585.

Report.

SEC. 1539. Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the end thereof the following new subsection: "(i)(1) The Department of Agriculture may use quality control information made available under this section to determine which project areas have payment error rates (as defined in subsection (d)(D) that impair the integrity of the food stamp program. "(2) The Secretary may require a State agency to carry out new or modified procedures for the certification of households in areas identified under paragraph (1) if the Secretary determines such procedures would improve the integrity of the food stamp program and be cost effective. "(3) Not later than 12 months after the date of enactment of the Food Security Act of 1985, and each 12 months thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that lists project areas identified under paragraph (1) and describes any procedures required to be carried out under paragraph (2).". PILOT PROJECTS

Ante, p. 818.

Repeal. 7 USC 2026.

SEC. 1540. (a) Section 17(b)(l) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(l)) is amended by striking out "December 31, 1985" the last place it appears and inserting in lieu thereof "October 1, 1990". (b) Section 17(d) of the Food Stamp Act of 1977 is repealed. (c) Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2226) is amended by redesignating subsections (e) and (f) as subsections (d) and (e).

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1589

AUTHORIZATION CEILING; AUTHORTTY TO REDUCE BENEFITS

SEC. 1541. Section 18 of the Food Stamp Act of 1977 (7 tJ.S.C. 2027) is amended by— (1) inserting, after the first sentence of subsection (a)(D, the following: "To carry out the provisions of this Act, there are hereby authorized to t e appropriated not in excess of $13,037,000,000 for the fiscal year ending September 30, 1986; not in excess of $13,936,000,000 for the fiscal year ending September 30, 1987; not in excess of $14,741,000,000 for the fiscal year ending September 30, 1988; not in excess of $15,435,000,000 for the fiscal year ending September 30, 1989; and not in excess of $15,970,000,000 for the fiscal year ending September 30, 1990."; and (2) in the second sentence of subsection 0)), striking out "the limitation set herein," and inserting in lieu thereof "the appropriation amount authorized in subsection (a)(D,". TRANSFER OF FUNDS

SEC. 1542. (a) Section 18 of the Food Stamp Act of 1977 (7 U.S.C. 2027) is amended by adding at the end thereof the following new subsection: "(f) No funds appropriated to carry out this Act may be trans- Prohibition. ferred to the Office of the Inspector General, or the Office of the General Counsel, of the Department of Agriculture.". (b) The amendment made by this section shall become effective on Effective date. October 1, 1986. 7 USC 2027 note. PUERTO RICO BLOCK GRANT

SEC. 1543. Section 19 of the Food Stamp Act of 1977 (7 U.S.C. 2028) Ante, p. 818. is amended by— (1) striking out "for each fiscal year" in subsection (a)(l)(A) and inserting in lieu thereof "for the fiscal year ending September 30, 1986, $852,750,000 for the fiscal year ending September 30, 1987, $879,750,000 for the fiscal year ending September 30, 1988, $908,250,000 for the fiscal year ending September 30, 1989, and $936,750,000 for the fiscal year ending September 30, 1990,"; (2) striking out "noncash" in subsection (a)(l)(A); and (3) striking out "a single agency which shall be" in clause (i) of subsection (b)(l)(A) and inserting in lieu thereof "the agency or agencies directly." Subtitle B—Commodity Distribution Provisions TRANSFER OF SECTION 32 COMMODITIES

SEC. 1561. Section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935 (7 U.S.C. 612c), is amended by adding at the end thereof the following new sentence: "A public or private nonprofit organization that receives agricultural commodities or the products thereof under clause (2) of the second sentence may transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products to provide, without cost or waste, nutrition assistance to individuals in low-income groups.".

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Page:United States Statutes at Large Volume 99 Part 2.djvu/480

 99 STAT. 1590

PUBLIC LAW 99-198—DEC. 23, 1985 COMMODITY DISTRIBUTION PROGRAMS

Aged persons.

Women. Children and youth. Aged persons.

Aged persons. 7 USC 612c note.

Repeal.

SEC. 1562. (a) Section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by CD striking out "1982, 1983, 1984, and 1985" in the first sentence of subsection (a) and inserting in heu thereof "1986, 1987, 1988, 1989, and 1990"; and (2) in subsection (b), striking out "under 18 years of age" and inserting in lieu thereof "18 years of age and under". (b) Section 5(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by CD striking out ", which projects shall operate no longer than two years, and" in clause (1) and inserting in lieu thereof a semicolon; (2) striking out "1982 through 1985" in clause (2) and inserting in lieu thereof "1986 through 1990". (c) Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsections: "(f) The Secretary shall, in any fiscal year, approve applications of additional sites for the program in areas in which the program currently does not operate to the full extent that this can be done within the appropriations available for the program for the fiscal year and without reducing actual participation levels (including participation of elderly persons under subsection (g)) in areas in which the program is in effect. "(g) If a local agency that administers the commodity supplemental food program determines that the amount of funds made available to the agency to carry out this section exceeds the amount of funds necessary to provide assistance under such program to women, infants, and children, the agency, with the approval of the Secretary, may permit low-income elderly persons (as defined by the Secretary) to participate in and be served by such program.". (d) Notwithstanding any other provision of law, in implementing the commodity supplemented food program under section 4 of the Agriculture and Consumer Protection Act of 1973, the Secretary of Agriculture shall allow agencies distributing agricultural commodities to low-income elderly people under such programs on the date of enactment of this Act to continue such distribution at levels no lower than existing caseloads. (e)(1) Section 209 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is repealed. (2) Clause (2) of section 5(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking out "amount appropriated for the provision of commodities to State agencies" and inserting in lieu thereof "sum of (A) the amount appropriated for the commodity supplemental food program and (B) the value of all additional commodities donated by the Secretary to State and local agencies that are provided without charge or credit for distribution to program participants". EMERGENCY FEEDING ORGANIZATIONS—DEFINITIONS

SEC. 1563. Section 201A of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by inserting, before the semicolon at the end of paragraph (1), the following: "(including the activities and projects of charitable institutions, food banks.

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99 STAT. 1591

hunger centers, soup kitchens, and similar public or private nonprofit eligible recipient agencies) hereinafter in this title referred to as 'emergency feeding organizations' ". TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM

SEC. 1564. (a) Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsections: "(c) In addition to any commodities described in subsection (a), in carrying out this Act, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of section 32 of the Act entitled *An Act to amend the Agricultural Adjustment Act, and for other purposes', approved August 24, 1935 (7 U.S.C. 612c). "(d) Commodities made available under this Act shall include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal. "(e) Effective April 1, 1986, the Secretary shall submit semiannu- Effective date. ally to the Committee on Agriculture of the House of Representa- Report, tives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the types and amounts of commodities made available for distribution under this Act.". (b) Section 212 of the Temporary Emergency Food Assistance Act 7 USC 6i2c note. of 1973 is amended to read as follows: PROGRAM TERMINATION

"SEC. 212. Except for section 207, this Act shall terminate on September 30, 1987."

7 USC 612c note.

REPEAL OF PROVISIONS RELATING TO THE FOOD SECURITY WHEAT RESERVE

SEC. 1565. (a) Section 202 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by— (1) striking out the subsection designation for subsection (a); and (2) striking out subsection (b). (b) The second sentence of section 203A of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by striMng out ", except that wheat from the Food Security Wheat Reserve may not be used to pay such costs". REPORT ON COMMODITY DISPLACEMENT

SEC. 1566. Section 203C(a) of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following: "The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.". DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION PROJECTS; PROCESSING AGREEMENTS

SEC. 1567. (a) Section 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e) is amended by adding at the end thereof the following new sentence: "Commodities made available under this

Prohibitions.

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 99 STAT. 1592

Repeal.

PUBLIC LAW 99-198—DEC. 23, 1985

section shall include, but not be limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal.. (b) Section 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e) is amended by C inserting "(1)" after "(a)"; D (2) adding, at the end thereof, the following: "(2)(A) Effective through June 30, 1987, whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of such commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies. The expense of reprocessing shall be paid by such eligible recipient agencies. "(B) To maintain eligibility to enter into, and to continue, any agreement with the Secretary of Agriculture under subparagraph (A), a private company shall annually settle all accounts with the Secretary and any appropriate State agency r^arding commodities processed under such agreements.". (c) Section 203 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is repealed. STATE COOPERATION

Rural areas.

SEC. 1568. (a) Section 203B(b) of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new sentence: "Each State agency shall encourage distribution of such commodities in rural areas.. (b) Section 203B of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following: "(d) Each State agency receiving commodities under this title may— "(1) enter into cooperative agreements with State agencies of other States for joint provision of such commodities to an emergency feeding organization that serves needy persons in a single geographical area part of which is situated in each of such States; or "(2) transfer such commodities to any such emergency feeding organization in the other State under such agreement.". AUTHORIZATION FOR FUNDING AND RELATED PROVISIONS

SEC. 1569. (a) Section 204 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by— (1) redesignating subsection (c) as subsection (d); and (2) after subsection (b), inserting the following: "(c)(1) There are authorized to be appropriated $50,000,000 for each of the fiscal years ending September 30, 1986, and September 30, 1987, for the Secretary to make available to the States for State and local payments for costs associated with the distribution of commodities by emergency feeding organizations under this title. Funds appropriated under this paragraph for any fiscal year shall be allocated to the States on an advance basis, dividing such funds among the States in the same proportions as the commodities distributed under this title for such fiscal year are divided among the States. If a State agency is unable to use all of the funds so

O r':V'

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99 STAT. 1593

allocated to it, the Secretary shall reallocate such unused funds among the other States. "(2) Each State shall make available to emergency feeding organizations in the State not less than 20 per centum of the funds provided as authorized in paragraph (1) that it has been allocated for a fiscal year, as necessary to pay for, or provide advance payments to cover, the direct expenses of the emergency feeding organizations for distributing commodities to needy persons, but only to the extent such expenses are actually so incurred by such organizations. As used in this paragraph, the term 'direct expenses' includes costs of transporting, storing, handling, and distributing commodities incurred after they are received by the organization; costs associated with determinations of eligibility, verification, and documentation; costs involved in publishing announcements of times and locations of distribution; and costs of recordkeeping, auditing, and other administrative procedures required for participation in the program under this title. If a State makes a payment, using State funds, to cover direct expenses of emergency feeding organizations, the amount of such payment shall be counted toward the amount a State must make available for direct expenses of emergency feeding organizations under this paragraph. "(3) States to which funds are allocated for a fiscal year under this Reports. subsection shall submit financial reports to the Secretary, on a Prohibition. regular basis, as to the use of such funds. No such funds may be used by States or emergency feeding organizations for costs other than those involved in covering the expenses related to the distribution of commodities by emergency feeding organizations. "(4)(A) Except as provided in subparagraph (B), effective January Effective date. 1, 1987, to be eligible to receive funds under this subsection, a State shall provide in cash or in kind (according to procedures approved by the Secretary for certifying these in-kind contributions) from non-Federal sources a contribution equal to the difference between— "(i) the amount of such funds so received; and "(ii) any part of the amount allocated to the State and paid by the State— "(I) to emergency feeding organizations; or "(II) for the direct expenses of such organizations; for use in carrying out this title. "(B)(i) Except as provided in clause (ii), subparagraph (A) shall apply to States beginning on January 1, 1987. "(ii) If the legislature of a State does not convene in regular session before January 1, 1987, paragraph (1) shall apply to such State beginning on October 1, 1987. "(C) Funds allocated to a State under this section may, upon State request, be allocated before States satisfy the matching requirement specified in subparagraph (A), based on the estimated contribution required. The Secretary shall periodically reconcile estimated and actual contributions and adjust allocations to the State to correct for overpayments and underpayments. "(5) States may not charge for commodities made available to Prohibition. emergency feeding organizations, and may not pass on to such organizations the cost of any matching requirements, under this Act.".

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Page:United States Statutes at Large Volume 99 Part 2.djvu/484

 99 STAT. 1594

PUBLIC LAW 99-198—DEC. 23, 1985 REAUTHORIZATIONS

Regulations.

SEC. 1570. Section 210 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by— (1) in subsection (c)— (A) striking out "the fiscal years ending September 30, 1984, and September 30, 1985" and inserting in lieu thereof "the period beginning October 1, 1983, and ending September 30, 1987"; (B) striking out "prior to the beginning of the fiscal year ending September 30, 1985" and inserting in lieu thereof "as early as feasible but not later than the beginning of the fiscal year ending September 30, 1987"; and (C) striking out "second twelve months" and inserting in lieu thereof "such fiscal year"; and (2) adding at the end thereof the following: "(d) The regulations issued by the Secretary under this section shall include provisions that set standards with respect to liability for commodity losses under the program under this title in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations". REPORT

7 USC 612c note.

Transportation.

SEC. 1571. Not later than April 1, 1987, the Secretary of Agriculture shall report to Congress on the activities of the program conducted under the Temporary Emergency Food Assistance Act of 1983. Such report shall include information on— (1) the volume and types of commodities distributed under the program; (2) the types of State and local agencies receiving commodities for distribution under the program; (3) the populations served under the program and their characteristics; (4) the Federal, State, and local costs of commodity distribution operations under the program (including transportation, storage, refrigeration, handling, distribution, and administrative costs); and (5) the amount of Federal funds provided to cover State and local costs under the program. Subtitle C—Nutrition and Miscellaneous Provisions SCHOOL LUNCH PILOT PROJECT

Effective date.

SEC. 1581. (a) As used in this section, the term "eligible school district" means a school district that on the date of enactment of this Act, is participating in the pilot project study provided for under the last proviso of the paragraph under the heading "CHILD NUTRITION PROGRAMS" in title III of the Act entitled "An Act making appropriations for Agriculture, Rural Development, and Related Agencies programs for the fiscal year ending September 30, 1981, and for other purposes", approved December 15, 1980 (Public Law 96-258; 94 Stat. 3113). (b) Effective through the school year ending June 30, 1987, the Secretary shall permit an eligible school district to receive assist-

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1595!

ance to carry out the school lunch program operated in the district in the form of, in lieu of commodities, all cash assistance or all commodity letters of credit assistance. (c) If an eligible school district elects to receive assistance in the form of all cash assistance or all commodity letters of credit assistance under subsection (a), the Secretary shall provide bonus commodities to the district only in the form of commodities, to the same extent as bonus commodities are provided to other school districts participating in the school lunch program. GLEANING OF FIELDS

SEC. 1582. (a) Congress finds that— (1) food banks, soup kitchens, and other emergency food providers help needy persons seeking food assistance at no cost to the Government; (2) gleaning is a partnership between food producers and nonprofit organizations through which food producers permit members of such organizations to collect grain, vegetables, and fruit which have not been harvested and distribute such items to programs which provide food to needy individuals; (3) support of gleaning to supply food to the poor is part of the Judeo-Christian heritage as set out in the Book of Leviticus: "When you reap the harvests of your land, do not reap to the very edges of your field or gather the gleanings of your harvest. Do not go over your vineyard a second time or pick up the grapes that have fallen. Leave them for the poor and the alien."; (4) a 1977 General Accounting Office analysis estimated that during the 1974 harvest 60,000,000 tons of grain, vegetables, and fruit, valued at $5,000,000,000, were unharvested; (5) the diets of millions of people in the United States could have been supplemented with such lost grain, vegetables, and fruit; (6) a number of State and local governments have enacted "Good Samaritan" laws which limit the liability of food donors and provide an incentive for food contributions; and (7) numerous civil, religious, charitable, and other nonprofit organizations throughout the country have begun gleaning programs to harvest such food items and channel them to the needy in the United States. (b) It is the sense of Congress that— (1) food producers who permit gleaning of their fields and civic, religious, charitable, and other nonprofit organizations which glean fields and distribute the resulting harvest to help the needy should be commended for their efforts; and (2) State and local governments should be encouraged to enact tax and other incentives designed to increase the number of food producers who permit gleaning of their fields and the number of shippers who donate, or charge reduced rates for, trgmsportation of gleaned produce.

State and local governments.

State and local governments. Transportation.

ISSUANCE OF RULES

SEC. 1583. Not later than April 1, 1987, the Secretary shall issue rules to carry out the amendments made by this title.

7 USC 2011 note.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/486

 99 STAT. 1596

PUBLIC LAW 99-198—DEC. 23, 1985 NUTRITION EDUCATION FINDINGS

7 USC 3175a. SEC. 1584. Congress finds that individuals in households eligible to 7 USC 2011 note, participate in programs under the Food Stamp Act of 1977 and other low-income individuals, including those residing in rural areas, should have greater access to nutrition and consumer education to enable them to use their food budgets, including food assistance, effectively and to select and prepare foods that satisfy their nutritional needs and improve their diets. PURPOSE 7 USC 3175b. Supra; infra; post, p. 1597.

SEC. 1585. The purpose of the program provided for under sections 1584 through 1588 is to expand effective food, nutrition, and consumer education services to the greatest practicable number of low-income individuals, including those participating in or eligible to participate in the programs under the Food Stamp Act of 1977, to assist them to— (1) increase their ability to manage their food budgets, including food stamps and other food assistance; (2) increase their ability to buy food that satisfies nutritional needs and promotes good health; and (3) improve their food preparation, storage, safety, preservation, and sanitation practices. PROGRAM

7 USC 3175c.

Supra.

SEC. 1586. The cooperative extension services of the States shall, with funds made available under this subtitle, carry out an expanded program of food, nutrition, and consumer education for lowincome individuals in a manner designed to achieve the purpose set forth in section 1585. In operating the program, the cooperative extension services may use the expanded food and nutrition education program, and other food, nutrition, and consumer education activities of the cooperative extension services or similar activities carried out by them in collaboration with other public or private nonprofit agencies or organizations. In carrying out their responsibilities under the program, the cooperative extension services are encouraged to— (1) provide effective and meaningful food, nutrition, and consumer education services to as many low-income individuals as possible; (2) employ educational methodologies, including innovative approaches, that accomplish the purpose set forth in section 1585; and (3) to the extent practicable, coordinate activities carried out under the program with the delivery to low-income individuals of benefits under food assistance programs. ADMINISTRATION

7 USC 3i75d. Supra.

SEC. 1587. (a) The program provided for under section 1586 shall be administered by the Secretary of Agriculture through the Extension Service, in consultation with the Food and Nutrition Service and the Human Nutrition Information Service. The Secretary shall ensure that the Extension Service coordinates activities carried out under this subtitle with the ongoing food, nutrition, and consumer

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Page:United States Statutes at Large Volume 99 Part 2.djvu/487

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1597

education activities of other agencies of the Department of Agriculture. (b) The Secretary of Agriculture, not later than April 1, 1989, shall Report, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the effectiveness of the program provided for under section 1586. Ante, p. 1596. AUTHORIZATION OF APPROPRIATIONS

SEC. 1588. (a) There are hereby authorized to be appropriated to 7 USC 3i75e. carry out sections 1584 through 1588 $5,000,000 for the fiscal year Ante, p. 1596. ending September 30, 1986; $6,000,000 for the fiscal year ending September 30, 1987; and $8,000,000 for each of the fiscal years ending September 30, 1988, September 30, 1989, and September 30, 1990. (b) Any funds appropriated under this section for a fiscal year shall be allocated in the manner specified in subparagraphs (A) and (B) of section 1425(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977. ^ USC 3175. (c) Any funds appropriated to carry out sections 1584 through 1588 shall supplement any other funds appropriated to the Department of Agriculture for use by the Department and the cooperative extension services of the States for food, nutrition, and consumer education for low-income households. NUTRITION MONITORING

SEC. 1589. The Secretary of Agriculture shall— (1) in conducting the Department of Agriculture's continuing survey of food intakes of individuals and any nationwide food consumption survey, include a sample that is representative of low-income individuals and, to the extent^racticable, the collection of information on food purchases and other household expenditures by such individuals; (2) to the extent practicable, continue to maintain the nutrient data base established by the Department of Agriculture; and (3) encourage research by public and private entities relating to effective standards, methodologies, and technologies for accurate assessment of the nutritional and dietary status of individuals. TITLE XVI—MARKETING

7 USC 3178a.

Research and development.

Research and development.

Subtitle A—Beef Promotion and Research Act of 1985 AMENDMENT TO BEEF RESEARCH AND INFORMATION ACT

SEC. 1601. (a) This section may be cited as the "Beef Promotion Beef Promotion and Research and Research Act of 1985". (b) Sections 2 through 20 of the Beef Research and Information Act of 1985. Act (7 U.S.C. 2901-2918) are amended to read as follows: 7 USC 2901 note. " C O N G R E S S I O N A L FINDINGS AND DECLARATION OF POLICY

"SEC. 2. (a) Congress ^ d s that— "(1) beef and beef products are basic foods that are a valuable part of human diet;

7 USC 2901.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/488

 99 STAT. 1598

Prohibition.

PUBLIC LAW 99-198—DEC. 23, 1985

"(2) the production of beef and beef products plays a significant role in the Nation's economy, beef and beef products are produced by thousands of beef producers and processed by numerous processing entities, and beef and beef products are consumed by millions of people throughout the United States and foreign countries; "(3) beef and beef products should be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment; "(4) the maintenance and expansion of existing markets for beef and beef products are vital to the welfare of beef producers and those concerned with marketing, using, and producing beef products, as well as to the general economy of the Nation; "(5) there exist established State and national organizations conducting beef promotion, research, and consumer education programs that are invaluable to the efforts of promoting the consumption of beef and beef products; and "(6) beef and beef products move in interstate and foreign commerce, and beef and beef products that do not move in such channels of commerce directly burden or affect interstate commerce of beef and beef products. "(b) It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all cattle sold in the United States and on cattle, beef, and beef products imported into the United States) and carrying out a coordinated program of promotion and research designed to strengthen the beef industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for beef and beef products. Nothing in this Act shall be construed to limit the right of individual producers to raise cattle. "DEFINITIONS^

7 USC 2902.

Post, p. 1599.

"SEC. 3. For purposes of this Act— "(1) the term 'beef means flesh of cattle; "(2) the term 'beef products' means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom; "(3) the term 'Board' means the Cattlemen's Beef Promotion and Research Board established under section 5(1); "(4) the term 'cattle' means live domesticated bovine animsds regardless of age; (5) the term 'Committee' means the Beef Promotion Operating Committee established under section 5(4); (6) the term 'consumer information' means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products; "(7) the term 'Department' means the Department of Agriculture. "(8) the term 'importer' means any person who imports cattle, beef, or beef products from outside the United States; "(9) the term 'industry information' means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry;

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Page:United States Statutes at Large Volume 99 Part 2.djvu/489

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 15d9

"(10) The term 'order' means a beef promotion and research order issued under section 4. Infra. "(11) the term 'person' means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; "(12) the term 'producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; "(13) the term 'promotion' means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace; "(14) the term 'qualified State beef council' means a beef promotion entity that is authorized by State statute or is organized and operating within a State, that receives voluntary contributions and conducts beef promotion, research, and consumer information programs, and that is recognized by the Board as the beef promotion entity within such State; "(15) the term research' means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development; "(16) the term 'Secretary' means the Secretary of Agriculture; "(17) The term 'State' means each of the 50 States; and "(18) the term 'United States' means the several Stat^ and the District of (Columbia. "ISSUANCE OP ORDERS

"SEC. 4. (a) During the period beginning on the effective date of 7 USC 2903. this section and enchng thirty days after receipt of a proposal for a beef promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 6 or any interested person, including the Secretary. Post, p. 1603. "(b) After notice and opportunity for public comment are given, as provided for in subsection (a), the Secretary shall issue a beef promotion and research order. The order shall become effective not Effective date, later than one hundred and twenty days following publication of the proposed order. "REQUIRED TERMS IN ORDERS

"SEC. 5. An order issued under section 4(b) shall contain the 7 USC 2904. following terms and conditions: Supra. "(1) The order shall provide for the establishment and selection of a Cattlemen's Beef Promotion and Research Board. Members of the Board shall be cattle producers and importers appointed by the Secretary from (A) nominations submitted by eligible State organizations certified under section 6 (or, if the Secretary determines that there is no eligible State organization in a State, the Secretary may provide for nominations from such State to be made in a different manner), and (B) nominations submitted by importers under such procedures as the

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Page:United States Statutes at Large Volume 99 Part 2.djvu/490

 99 STAT. 1600

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985 Secretary determines appropriate. In determining geographic representation for cattle producers on the Board, whole States shall be considered as a unit. Each State that has a total cattle inventory greater than five hundred thousand head shall be entitled to at least one representative on the Board. A State that has a total inventory of fewer than 500,000 cattle shall be grouped, as far as practicable, with other States each of which has a combined total inventory of not less than 500,000 cattle, into geographically contiguous units in a manner prescribed in the order. A unit may be represented on the Board by more than one member. For each additional million head of cattle within a unit, such unit shall be entitled to an additional member on the Board. The Board may recommend a change in the level of inventory per unit necessary for representation on the Board and, on such recommendation, the Secretary may change the level necessary for representation on the Board. The number of members on the Board that represent importers shall be determined by the Secretary on a proportional basis, by converting the volume of imported beef and beef products into live animal equivalencies. "(2) The order shall define the powers and duties of the Board, which shall be exercised at an annual meeting, and shall include only the following powers: "(A) To administer the order in accordance with its terms and provisions. "(B) To make rules and regulations to effectuate the terms and provisions of the order. "(C) To elect members of the Board to serve on the Committee. "(D) To approve or disapprove budgets submitted by the Committee. "(E) To receive, investigate, and report to the Secretary complaints of violations of the order. "(F) To recommend to the Secretary amendments to the order. In addition, the order shall determine the circumstances under which special meetings of the Board may be held. "(3) The order shall provide that the term of appointment to the Board shall be three years with.no member serving more than two consecutive terms, except that initial appointments shall be proportionately for one-year, two-year, and three-year terms; and that Board members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Board. "(4)(A) The order shall provide that the Board shall elect from its membership ten members to serve on the Beef Promotion Operating Committee, which shall be composed of ten members of the Board and ten producers elected by a federation that includes as members the qualified State beef councils. The producers elected by the federation shall be certified by the Secretary as producers that are directors of a qualified State beef council. The Secretary also shall certify that such directors are duly elected by the federation as representatives to the Committee. "(B) The Committee shall develop plans or projects of promotion and advertising, research, consumer information, and industry information, which shall be paid for with assessments

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Page:United States Statutes at Large Volume 99 Part 2.djvu/491

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1601

collected by the Board. In developing plans or projects, the Committee shall— "(i) to the extent practicable, take into account similarities and differences between certain beef, beef products, and veal; and "(ii) ensure that segments of the beef industry that enjoy a unique consumer identity receive equitable and fair treatment under this Act. "(C) The Committee shall be responsible for developing and submitting to the Board, for its approval, budgets on a fiscal year basis of its anticipated expenses and disbursements, including probable costs of advertising and promotion, research, consumer information, and industry information projects. The Board shall approve or disapprove such budgets and, if approved, shall submit such budget to the Secretary for the Secretary's approval. "(D) The total costs of collection of assessments and administrative staff incurred by the Board during any fiscal year shall not exceed 5 per centum of the projected total assessments to be collected by the Board for such fiscal year. The Board shall use, to the extent possible, the resources, staffs, and facilities of existing organizations. "(5) The order shall provide that terms of appointment to the Committee shall be one year, and that no person may serve on the Committee for more than six consecutive terms. Committee members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. The Committee may utilize the resources, staffs, and facilities of the Board and industry organizations. An employee of an industry organization may not receive compensation for work performed for the Committee, but shall be reimbursed from assessments collected by the Board for reasonable expenses incurred in performing such work. "(6) The order shall provide that, to ensure coordination and efficient use of funds, the Committee shall enter into contracts or agreements for implementing and carrying out the activities authorized by this Act with established national nonprofit industry-governed organizations, including the federation referred to in paragraph (4), to implement programs of promotion, research, consumer information, and industry information. Any such contract or agreement shall provide that— "(A) the person entering the contract or agreement shall develop and submit to the Committee a plan or project together with a budget or budgets that shows estimated costs to be incurred for the plan or project; "(B) the plan or project shall become effective on the approval of the Secretary; and "(C) the person entering the contract or agreement shall keep accurate records of all of ite transactions, account for funds received and expended, and make periodic reports to the Committee of activities conducted, and such other reports as the Secretary, the Board, or the Committee may require. "(7) The order shall require the Board and the Committee to—

Prohibition,

Prohibition.

Contracts,

Contracts.

Records.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/492

 99 STAT. 1602

Reports.

Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985 "(A) maintain such books and records, which shall be available to the Secretary for inspection and audit, as the Secretary may prescribe; "(B) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and "(C) account for the receipt and disbursement of all funds entrusted to them. "(SKA) The order shall provide that each person making payment to a producer for cattle purchased from the producer shall, in the manner prescribed by the order, collect an assessment and remit the assessment to the Board. The Board shall use qualified State beef councils to collect such assessments. "(B) If an appropriate qualified State beef council does not exist to collect an assessment in accordance with paragraph (1), such assessment shall be collected by the Board. "(C) The order also shall provide that each importer of cattle, beef, or beef products shall pay an assessment, in the manner prescribed by the order, to the Board. The assessments shall be used for payment of the costs of plans and projects, as provided for in paragraph (4), and expenses in administering the order, including more administrative costs incurred by the Secretary after the order has been promulgated under this Act, and to establish a reasonable reserve. The rate of assessment prescribed by the order shall be one dollar per head of cattle, or the equivalent thereof in the case of imported beef and beef products. A producer who can establish that the producer is participating in a program of an established qualified State beef council shall receive credit, in determining the assessment due from such producer, for contributions to such program of up to 50 cents per head of cattle or the equivalent thereof. There shall be only one qualified State beef council in each State. Any person marketing from beef from cattle of the person's own production shall remit the assessment to the Board in the manner prescribed by the order. "(9) The order shall provide that the Board, with the approval of the Secretary, may invest, pending disbursement, funds collected through assessments only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the U n i t ^ States. "(10) The order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing governmental action or policy, with the exception of recommending amendments to the order. "(11) The order shall require that each person making payment to a producer, any person marketing beef from cattle of the person s own production directly to consumers, and any importer of cattle, beef, or beef products maintain and make available for inspection such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order. Such information shall be made available to the Secretary as is appropriate to the administration or enforcement of this Act, the order, or any regulation issued under this Act. In addition, the Secretary shall authorize the use of information regarding

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Page:United States Statutes at Large Volume 99 Part 2.djvu/493

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1603

persons paying producers that is accumulated under a law or regulation other than this Act or regulations under this Act. AH information so obtained shall be kept confidential by all Prohibitions. officers and employees of the Department, and only such information so obtained as the Secretary deems relevant may be disclosed by them and then only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the order. Nothing in this paragraph may be deemed to prohibit— "(A) the issuance of general statements, based on the reports, of the number of persons subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by any person; or "(B) the publication, by direction of the Secretary, of the name of any person violating the order, together with a statement of the particular provisions of the order violated by the person. "No information obtained under the authority of this Act may be made available to any agency or officer of the United States for any purpose other than the implementation of this Act and any investigatory or enforcement act necessary for the implementation of this Act. Any person violating the provisions of this paragraph shall be subject to a fine of not more than $1,000, or to imprisonment for not more than one year, or both, and if an officer or employee of the Board or the Department, shall be removed from office. "(12) The order shall contain terms and conditions, not inconsistent with the provisions of this Act, as necessary to effectuate the provisions of the order. "CERTIFICATION OF ORGANIZATIONS TO NOMINATE

"SEC. 6. (a) The eligibility of any State organization to represent 7 USC 2905. producers and to participate in the making of nominations under section 5(1) shall be certified by the Secretary. The Secretary shall Ante, p. 1599. certify any State organization that the Secretary deter^nes meets the eligibility criteria established under subsection (b) and such determination as to eligibility shall be final. "(b) A State cattle association or State general farm organization may be certified as described in subsection (a) if such association or organization meets all of the following eligibility criteria: "(1) The association or organization's total paid membership is comprised of at least a majority of cattle producers or the association or organization's total paid membership represents at least a majority of the cattle producers in the State. "(2) The association or organization represents a substantial number of producers that produce a substantial number of cattle in the State. "(3) The association or organization has a history of stability and permanency. ^ "(4) A primary or overriding purpose of the association or organization is to promote the economic welfare of cattle producers. "(c) Certification of State cattle associations and State general Report, farm organizations shall be based on a factual report submitted by the association or organization involved.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/494

 99 STAT. 1604 Ante^ p. 1599.

PUBLIC LAW 99-198—DEC. 23, 1985

"(d) If more than one State organization is certified in a State (or in a unit referred to in section 5(1)), such organizations may caucus to determine any of such State's (or such unit's) nominations under section 5(1). "REQUIREMENT OF REFERENDUM

7 USC 2906.

"SEC. 7. (a) For the purpose of determining whether the initial order shall be continued, not later than 22 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been producers or importers during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the production of cattle. If continuation of the order is not approved by a majority of those voting in the referendum, the Secretary shall terminate collection of assessments under the order within six months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum and shall terminate the order in an orderly manner as soon as practicable after such determination. "(b) After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 10 per centum or more of the number of cattle producers to determine whether cattle producers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within six months after the Secretary determines that suspension or termination of the order is favored by a majority of the producers voting in the referendum who, during a representative period as determined by the Secretary, have beien engaged in the production of cattle and shall terminate or suspend the order in an orderly manner as soon as practicable after such determination. "(c) The Department shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the Secretary, whereby producers shall certify that they were engaged in the production of cattle during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum. Each referendum shall be conducted at county extension offices, and there shall be provision for an absentee mail ballot on request. "REFUNDS

7 USC 2907. Supra.

"SEC. 8. (a) During the period prior to the approval of the continuation of an order pursuant to the referendum required under section 7(a), subject to subsection (f), the Board shall— "(1) establish an escrow account to be used for assessment refunds; "(2) place funds in such account in accordance with subsection (b); and "(3) refund assessments to persons in accordance with this section.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/495

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1605

'•(b) Subject to subsection (f), the Board shall place in such account, from assessments collected under section 7 during the period referred to in subsection (a), an amount equal to the product obtained by multiplying— "(1) the total amount of assessments collected under section 7 during such period; by "(2) the greater of— "(A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or "(B) 15 percent. "(c) Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this subtitle, any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 7 from such person during the period referred to in subsection (a) if such person— "(1) is responsible for paying such assessment; and "(2) does not support the program established under this Act. "(d) Such demand shall be made in accordance with regulations. on a form, and within a time period prescribed by the Board. "(e) Such refund shall be made on submission of proof satisfactory to the Board that the producer, person, or importer— "(1) paid the sissessment for which refund is sought; and "(2) did not collect such assessment from another producer, person, or importer. "(fKD If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is approved pursuant to the referendum required under section 10(a), the Board shall— "(A) continue to place in such account, from assessments collected under section 5, the amount required under subsection (b), until such time as the Board is able to comply with subparagraph (B); and "(B) provide to all eligible persons the total amount of assessments demanded by all eligible producers. "(2) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum required under section 7(a), the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

Ante, p. 1604.

Regulations.

Post, p. 1606. Ante, p. 1599.

"ENFORCEMENT

"SEC. 9. (a) If the Secretary believes that the administration and 7 USC 2908. enforcement of this Act or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may— "(1) issue an order to restrain or prevent a person from violating an order; and "(2) assess a civil penalty of not more than $5,000 for violation of such order. "(b) The district courts of the United States are vested with Regulations. jurisdiction specifically to enforce, and to prevent and restrain a

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Page:United States Statutes at Large Volume 99 Part 2.djvu/496

 99 STAT. 1606

PUBLIC LAW 99-198—DEC. 23, 1985

person from violating, an order or regulation made or issued under this Act. "(c) A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action. "INVESTIGATIONS; POWER TO SUBPOENA AND TAKE OATHS AND AFFIRMATIONS; AID OF COURTS

Regulations. 7 USC 2909.

"SEC. 10. The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this Act or to determine whether any person subject to this Act has engaged or is about to engage in any act that constitutes or will constitute a violation of this Act, the order, or any rule or regulation issued under this Act. For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of the person and the production of records. The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony regarding the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. Process in any such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found. ADMINISTRATIVE PROVISIONS

Prohibition. 7 USC 2910.

"SEC. 11. (a) Nothing in this Act may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the United States or any State. "0)) The provisions of this Act applicable to the order shall be applicable to amendments to the order. AUTHORIZATION OF APPROPRIATIONS

7 USC 2911.

Ante, p. 1599. Effective date. 7 USC 2901 note. Pork Promotion, Research, and consumer Information Act of 1985. 7 USC 4801 note.

"SEC. 12. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Sums appropriated to carry out this Act shall not be available for payment of the expenses or expenditures of the Board or the Committee in administering any provisions of the order issued under section 40>) of this Act.". (c) The amendments made by this section shall take effect on January 1, 1986. Subtitle B—Pork Promotion, Research, and Consumer Information SHORT TITLE

SEC. 1611. This subtitle may be cited as the "Pork Promotion, Research, and Consumer Information Act of 1985".

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Page:United States Statutes at Large Volume 99 Part 2.djvu/497

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1607

FINDINGS AND DECLARATION OP PURPOSE

SEC. 1612. (a) Congress finds that— 7 USC 4801. (1) pork and pork products are basic foods that are a valuable and healthy part of the human diet; (2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are— (A) produced by thousands of producers, including many small- and medium-sized producers; and (B) consumed by millions of people throughout the United States on a daily basis; (3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment; (4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to— (A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and (B) the general economy of the United States; (5) pork and pork products move in interstate and foreign Commerce and trade. commerce; (6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and (7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade. (b)(1) It is the purpose of this subtitle to authorize the establishment of an orderly procedure for financing, through adequate assessments, and carrying out an effective and coordinated program of promotion, research, and consumer information designed to— (A) strengthen the position of the pork industry in the marketplace; and (B) maintain, develop, and expand markets for pork and pork products. (2) Such procedure shall be implemented, and such program shall be conducted, at no cost to the Federal Government. (3) Nothing in this subtitle may be construed to— Prohibition. (A) permit or require the imposition of quality standards for pork or pork products; (B) provide for control of the production of pork or pork products; or (C) otherwise limit the right of an individual pork producer to produce pork and pork products. DEFINITIONS

SEC. 1613. For purposes of this subtitle: (1) The term Board" means the National Pork Board established under section 1619. (2) The term "consumer information" means an activity intended to broaden the understanding of sound nutritional attributes of pork or pork products, including the role of pork or pork products in a balanced, healthy diet.

7 USC 4802. Post, p. 1612.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/498

 99 STAT. 1608 Post, p. 1609.

Animals.

Post, p. 1609.

PUBLIC LAW 99-198—DEC. 23, 1985 (3) The term "Delegate Body" means the National Pork Producers Delegate Body established under section 1617. (4) The term "imported" means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States. (5) The term "importer" means a person who imports porcine animals, pork, or pork products into the United States. (6) The term "order" means a pork and pork products promotion, research, and consumer information order issued under section 1614. (7) The term "person" means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity. (8) The term "porcine animal" means a swine raised for— (A) feeder pigs; (B) seedstock; or (C) slaughter. (9) The term "pork" means the flesh of a porcine animal. (10) The term "pork product" means a product produced or processed in whole or in part from pork. (11) The term "producer" means a person who produces porcine animals in the United States for sale in commerce. (12) The term "promotion" means an action, including paid advertising, taken to present a favorable imeige for porcine animals, pork, or pork products to the public with the intent of improving the competitive position and stimulating sales of porcine animals, pork, or pork products. (13) The term "research" means— (A) research designed to advance, expand, or improve the image, desirability, nutritional value, usage, marketability, production, or quality of porcine animals, pork, or pork products; or (B) dissemination to a person of the results of such research. (14) The term "Secretary" means the Secretary of Agriculture. (15) The term "State" means each of the 50 States. (16) The term "State association" means— (A) the single organization of pork producers in a State that is— (i) organized under the laws of the State in which such association operates; and (ii) recognized by the chief executive officer of such State as representing the pork producers of such State; or (B) if such organization does not exist on the effective date of this subtitle, an organization that represents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 pfercent of the volume (measured in pounds) of porcine animals marketed in such State. (17) The term "to market" means to sell or to otherwise dispose of a porcine animal, pork, or pork product in commerce.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/499

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1609

PORK AND PORK PRODUCT ORDERS

SEC. 1614. (a) To carry out this subtitle, the Secretary shall, in 7 USC 4803. accordance with this subtitle, issue and, from time to time, amend orders applicable to persons engaged in— (1) the production and sale of porcine animals, pork, and pork products in the United States; and (2) the importation of porcine animals, pork, or pork products into the United States. (b) The Secretary may issue such regulations as are necessary to Regulations. carry out this subtitle. NOTICE AND HEARING

SEC. 1615. During the period beginning on the effective date of this 7 USC 4804. subtitle and ending 30 days after receipt of a proposal for an initial order submitted by any person affected by this subtitle, the Secretary shall— (1) publish such proposed order; and (2) give due notice of and opportunity for public comment on such proposed order. FINDINGS AND ISSUANCE OF ORDERS

SEC. 1616. (a) After notice and opportunity for public comment have been provided in accordance with section 1615, the Secretary shall issue and publish an order if the Secretary finds, and sets fortn in such order, that the issuance of such order and all terms and conditions thereof will assist in carrying out this subtitle. (b) Not more than one order may be in effect at a time. (c) An order shall become effective on a date that is not more than 90 days following the publication of such order. (d) An order shall contain such terms and conditions as are required in sections 1617 through 1620 and, except as provided in section 1621, no others.

7 USC 4805. Supra.

Prohibition.

Infra; post, pp. 1610-1614. Ante, p. 1617.

NATIONAL PORK PRODUCERS DELEGATE BODY

SEC. 1617. (a) The order shall provide for the establishment and 7 USC 4806. appointment by the Secretary, not later than 60 days after the effective date of such order, of a National Pork Producers Delegate Body. (b)(1) The Delegate Body shall consist of— (A) producers, as appointed by the Secretary in accordance with paragraph (2), from nominees submitted as follows: (i) in the case of the initial Delegate Body appointed by each State in accordance with section 1618. Post, p. I6ii. (ii) in the case of each succeeding Delegate Body, each State association shall submit nominations selected by such association pursuant to a selection process that— (I) is approved by the Secretary; (II) requires public notice of the process to be given at least one week in advance by publication in a newspaper or newspaper of general circulation in such State and in pork production and agriculture trade publications; and (III) that provides complete and equal access to the nominating process to every producer who has paid all

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Page:United States Statutes at Large Volume 99 Part 2.djvu/500

 99 STAT. 1610 P(xt, p. 1614. Pogt, p. 1619. Post, p. 1611.

Animals.

PUBLIC LAW 99-198—DEC. 23, 1985

assessments due under section 1620 and not demanded a refund under section 1624, or pursuant to an election of nominees conducted in accordance with section 1618. (iii) In the case of a State that has a State association that does not submit nominations or that does not have a State association, such State shall submit nominations in a manner prescribed by the Secretary; and (B) importers, as appointed by the Secretary in accordance with paragraph (3). (2) The number of producer members appointed to the Delegate Body from each State shall equal at least two members, and additional members, allocated as follows: (A) Shares shall be assigned to each State— (i) for the 1986 calendar year, on the basis of one share for each $400,000 of farm market value of porcine animals marketed from such State (as determined by the Secretary based on the annual average of farm market value in the most recent 3 calendar years preceding such year), rounded to the nearest $400,000; and (ii) for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under section 1624) in such State from persons described in section 1620(a)(l)(A) and (B), rounded to the nearest $1,000. (B) If during a calendar year the number of such shares of a State is— (i) less than 301, the State shall receive a total of two producer members; (ii) more than 300 but less than 601, the State shall receive a total of three producer members; (iii) more than 600 but less than 1,001, the State shall receive a total of four producer members; and (iv) more than 1,000, the State shall receive four producer members, plus one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300. (3) The number of importer members appointed to the Delegate Body shall be determined as follows: (A) Shares shall be assigned to importers— (i) for the 1986 calendar year, on the basis of one share for each $575,000 of market value of marketed porcine animals, pork, or pork products (as determined by the Secretary based on the annual average of imports in the most recent 3 calendar years preceding such year), rounded to the nearest $575,000; and (ii) for each calendar year thereafter, on the basis of one share for each $1,000 of the aggregate amount of assessments collected (minus refunds under section 1624) from importers, rounded to the nearest $1,000. (B) The number of importer members appointed to the Delegate Body shall equal a total of^ (i) three members for the first 1,000 such shares; and (ii) one additional member for each 300 additional shares in excess of 1,000 shares, rounded to the nearest 300.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/501

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1611

(c)(1) A producer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to— (A) the number of shares attributable to the State of the member; divided by (B) the number of producer members from such State. (2) An importer member of the Delegate Body may, in a vote conducted by the Delegate Body for which the member is present, cast a number of votes equal to— (A) the number of shares allocated to importers; divided by (B) the number of importer members. (3) Members entitled to cast a majority of the votes (including fractions thereof) on the Delegate Body shall constitute a quorum. (4) A majority of the votes (including fractions thereof) cast at a meeting at which a quorum is present shall be decisive of a motion or election presented to the Delegate Body for a vote. (d) A member of the Delegate Body shall serve for a term of 1 year, except that the term of a member of the Delegate Body shall continue until the successor of such member, if any, is appointed in accordance with subsection (b)(D. (e)(1) At the first annual meeting, the Delegate Body shall select a Chairman by a majority vote. (2) At each annual meeting thereafter, the President of the Board shall serve as the Chairman of the Delegate Body. (f) A member of the Delegate Body shall serve without compensation, but may be reimbursed by the Board from assessments collected under section 1620 for transportation expenses incurred in Post, p. 1614. performing duties as a member of the Delegate Body. (g)(l) The Delegate Body shall— (A) nominate— (i) not less than 23 persons for appointment to the Board, for the first year for which nominations are made; and (ii) not less than Wz persons (rounded up to the nearest person) for each vacancy in the Board that requires nominations thereafter; and (B) submit such nominations to the Secretary. (2) The Delegate Body shall meet annually to make such nominations. (3) A majority of the Delegate Body shall vote in person in order to nominate members to the Board. (h) The Delegate Body shall— (1) recommend the rate of assessment prescribed by the initial order and any increase in such rate pursuant to section 1620(5); and (2) determine the percentage of the aggregate amount of assessments collected in a State that each State association shall receive under section 1620(c)(l). SELECTION OF DELEGATE BODY

SEC. 1618. (a)(1) Not later than 30 days after the effective date of 7 USC 4807. the order, the Secretary shall call for the nomination within each State of candidates for appointment as producer members of the initial Delegate Body. (2) Each State association may nominate producers who are residents of such State to serve as such candidates.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/502

 99 STAT. 1612

Ante, p. 1609.

Post, p. 1614. Post, p. 1619.

PUBLIC LAW 99-198—DEC. 23, 1985

(3)(A) Additional producers who are residents of a State may be nominated as candidates of such State by written petition signed by 100 producers or 5 percent of the pork producers in such State, whichever is less. The Secretary shall establish and publicize the procedures governing the time and place for filing petitions. (b)(1) After the Secretary has received the nominations required under subsection (a) and not later than 45 days after the effective date of the order, the Secretary shall call for an election within each State of persons for appointment as producer members of the initial Delegate Body. (2) To be eligible to vote in an election held in a State, a person must be a producer who is a resident of such State. (3)(A) Notice of each such election shall be given by the Secretary— (i) by publication in a newspaper or newspapers of general circulation in each State, and in pork production and agriculture trade publications, at least 1 week prior to the election; and (ii) in any other reasonable manner determined by the Secretary. (B) The notice shall set forth the period of time and places for voting and such other information as the Secretary considers necessary. (4) Each State shall nominate to the Delegate Body the number of producer members required under section 1617(b)(2)(B). (5) The producers who receive the highest number of votes in each State shall be nominated for appointment as members of the Delegate Body from such State. (c)(1) Except as provided in paragraph (3), after the election of the producer members of the initial Delegate Body, the Board shall administer all subsequent nominations and elections of the producer members to be nominated for appointment as members of the Delegate Body, with the assistance of the Secretary and in accordance with subsections (a)(3) and (b). (2) The Board shall determine the timing of an election referred to in paragraph (1). (3) To be eligible to vote in such an election in a State, a person must— (A) be a producer who is a resident of such State; (B) have paid all assessments due under section 1620; and (C) not demanded a refund of an assessment under section 1624.

(d)(1) Prior to the expiration of the term of any producer member of the Delegate Body, the Board shall appoint a nominating committee of producers who are residents of the State represented by such member. (2) Such committee shall nominate producers of such State as candidates to fill the position for which an election is to be held. (3) Additional producers who are residents of a State may be nominated to fill such positions in accordance with subsection (a)(3). NATIONAL PORK BOARD

7 USC 4808.

SEC. 1619. (a)(1) The order shall provide for the establishment and appointment by the Secretary of a 15-member National Pork Board.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/503

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1613

(2) The Board shall consist of producers representing at least 12 States and importers appointed by the Secretary from nominations submitted under section 1617(g). (2) The Board shall consist of producers or importers appointed by the Secretary from nominations submitted under section 1617(g). (3) A member of the Board shall serve for a 3-year term, with no such member serving more than two consecutive 3-year terms, except that initial appointments to the Board shall be staggered with an equal number of members appointed, to the maximum extent possible, to 1-year, 2-year, and 3-year terms, except that the term of a member of the Board shall continue until the successor of such member, if any, is appointed in accordance with paragraph (2). (4) The Board shall select its President by a majority vote. (5)(A) A majority of the members of the Board shall constitute a quorum at a meeting of the Board. (B) A majority of votes cast at a meeting at which a quorum is present shall determine a motion or election. (6) A member of the Board shall serve without compensation, but shall be reimbursed by the Board from assessments collected under section 1620 for reasonable expenses incurred in performing duties as a member of the Board. (b)(1) The Board shall— (A) develop, at the initiative of the Board or other person, proposals for promotion, research, and consumer information plans and projects; (B) submit such plans and projects to the Secretary for approval; (C) administer the order, in accordance with the order and this subtitle; (D) prescribe such rules as are necessary to carry out such order; (E) receive, investigate, and report to the Secretary complaints of violations of such order; (F) make recommendations to the Secretary with respect to amendments to such order; and (G) employ a staff and conduct routine business. (2) The Board shall prepare and submit to the Secretary, for the approval of the Secretary, a budget for each fiscal year of anticipated expenses and disbursements of the Board in the administration of the order, including the projected cost of— (A) any promotion, research or consumer information plan or project to be conducted by the Board directly or by way of contract or agreement; and (B) the budgets, plans, or projects for which State gissociations are to receive funds pursuant to section 1620(c)(l). (3) No plan, project, or budget referred to in paragraph (1) or (2) may become effective unless approved by the Secretary. (4)(A) The Board, with the approval of the Secretary, may enter into contracts or agreements with a person for— (i) the development and conduct of activities authorized under an order; and (ii) the payment of the cost thereof with funds collected through assessments under such order. (B) Such contract or agreement shall require that— (i) the contracting party develop and submit to the Board a plan or project, together with a budget or budgets that include the estimated cost to be incurred under such plan or project;

Ante, p. 1609.

Post, p. 1614.

•*'

Contracts,

Prohibition, Contracts,

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