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 99 STAT. 1344

PUBLIC LAW 99-194—DEC. 20, 1985

"(C) $150,859,405 for fiscal year 1988.". (e) TECHNICAL AMENDMENT.—Section 11(e) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)), as redesignated by subsection (d) of this section, is amended by striking out "under this title". SEC. 112. APPLICATION OF AMENDMENTS. Prohibition. Ante, pp. 1333, 1335. 20 USC 954 note.

The amendments made by sections 105(3) and 107(3) shall not apply with respect to plans submitted for financial assistance to be provided with funds appropriated for fiscal year 1986. TITLE II—AMENDMENTS TO MUSEUM SERVICES ACT

98 Stat. 225.

Prohibition. President of U.S. Discrimination, prohibition.

SEC. 201. NATIONAL MUSEUM SERVICES BOARD. Section 204 of the Museum Services Act (20 U.S.C. 963) is amended— (1) in subsection (a)— (A) in paragraph (1) by striking out the second sentence and inserting in lieu thereof the following: "Such members shall be selected from among citizens of the United States who are members of the general public and who are— "(A) broadly representative of the various museums, including museums relating to science, history, technology, art, zoos, and botanical gardens, and of the curatorial, educational, and cultural resources of the United States; and "(B) recognized for their broad knowledge, expertise, or experience in museums or commitment to museums. Members shall be appointed to reflect various geographical regions of the United States. The Board may not include, at any time, more than three members from a single State. In making such appointments, the President shall give due regard to equitable representation of women, minorities, and persons with disabilities who are involved in such museums.", and (B) in paragraph (2)(A) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson"; (2) in the last sentence of subsection (b) by striking out "his" each place it appears and inserting in lieu thereof "such member's"; and (3) in subsections (c) and (d) by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson". SEC. 202. DIRECTOR OF THE INSTITUTE.

98 Stat. 225.

Section 205(a)(2) of the Museum Services Act (20 U.S.C. 964(a)(2)) is amended by striking out "his" and inserting in lieu thereof "the Chairperson's". SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

98 Stat. 225.

(a) Section 209(a) of the Museum Services Act (20 U.S.C. 967(a)) is amended by striking out "$25,000,000" and all that follows through "1985" and inserting in lieu thereof "$21,600,000 for fiscal year 1986, $22,464,000 for fiscal year 1987, $23,362,560 for fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989 and 1990". (b) Section 209(d) of the Museum Services Act (20 U.S.C. 967(d)) is amended by striking out "1985" and inserting in lieu thereof "1990".

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 a transcriber, one piece of whose handiwork, a ‘great book’ containing treatises on knighthood and war, Hoccleve's ‘De Regimine Principum,’ an account of the tournament between Lord Scales and the Bastard and other items, is still preserved in the British Museum (Lansdowne MS. 285). This occurs in the interesting inventory of books (among them Caxton's ‘Game of Chess’), belonging either to him or his namesake and successor, included in the Paston ‘Correspondence’ (iii. 300). We are disposed to regard it as a list drawn up by the elder brother, a few days before his death. Mr. Gairdner refers it to the younger brother.

[The Paston Letters (ed. Gairdner) are the sole authority; they include some documents not originally included in the Paston Collection. In a few cases the dates assigned by Mr. Gairdner seem open to dispute; No. 325, placed under 1459, belongs more probably to 1464, and No. 539 to 1465, rather than 1466.]

PASTON, ROBERT, first (1631–1683), was born at Oxnead, the seat of the Paston family in Norfolk, on 29 May 1631. He was eldest son of Sir William Paston, an antiquary, who had been high sheriff of Norfolk in 1636, was created a baronet 8 June 1642, and died 22 Feb. 1662–3 [see under, 1479?–1554]. His mother, Katherine, daughter of Robert Bertie, first earl of Lindsey [q. v.], died in 1636. He was educated at Westminster, and at Trinity College, Cambridge, and is said to have fought in the civil wars. His family suffered during the Commonwealth (cf. Cal. Comm. for the Advance of Money, i. 487), and he travelled abroad. When Charles II was restored, Paston was knighted on 29 May 1660. He sat in the House of Commons as member for Castle Rising from 1661 to 1673, and then gave place to Samuel Pepys. In 1661 he was made deputy-lieutenant for Norfolk, and captain in the Earl of Suffolk's regiment of militia horse.

On 22 Feb. 1662–3 Paston succeeded his father as second baronet; he became a fellow of the Royal Society on 20 May of the same year, and on 25 Jan. 1666–7 he was appointed gentleman of the privy chamber. On 19 Aug. 1673 he was created Baron Paston of Paston in Norfolk, and Viscount Yarmouth of Great Yarmouth, and took his seat on 20 Oct. of the same year. He was also appointed high Steward of Great Yarmouth 23 Dec. 1674; and he became lord-lieutenant of Norfolk 6 March, and vice-admiral of Norfolk 9 May 1675. In the same year he entertained Charles II at Oxnead, and on 9 Aug. he was wounded while in his coach by some ruffians who shot at him.

Yarmouth was evidently a friend of the king. He had obtained a lease of the subsidies of wood, glass, earthen and stone ware, oranges, citrons, lemons, and pomegranates in 1666, and on 24 Jan. 1677–8 he secured the joint surveyorship of the green wax. In 1679 he became colonel of the 3rd Norfolk militia. On 30 July 1679 he was advanced to the earldom of Yarmouth. He took some part in debates in the lords, and signed numerous protests. Yarmouth died 8 March 1682–3, and was buried at Oxnead. His portrait was painted by Kneller after 1675.

Yarmouth married Rebecca, daughter of Sir Jasper Clayton, by whom he left issue. His eldest son,, second (1652–1732), succeeded to the title, became a fellow of the Royal Society, and was treasurer of the household from 1686 to 1689. He was a supporter of James II, and married Charlotte Jemima Mary, natural daughter of Charles II; and, after her death, Elizabeth, widow of Sir Robert Wiseman and daughter of Lord North [see under, fourth ]; but his sons, who were by his first wife, died before him, and the title, on his death on 25 Dec. 1732, became extinct. His estate was found to be so encumbered with debt that it had to be sold, and Oxnead was bought by George, afterwards Lord Anson [q. v.], the admiral, who pulled down the old mansion.

[Doyle's Official Baronage, iii. 736; Burke's Extinct and Dormant Peerage, p. 420; Pepys's Diary, ed. Lord Braybrooke, vol. i. p. xviii, vol. v. pp. 288, 289, 291; Wheatley's Samuel Pepys and the World he lived in, pp. 47–8; Evelyn's Diary, ed. Wheatley, ii. 83, 88, 184; Blomefield's Norfolk, iv. 491; Macaulay's Hist. of Engl. i. 489; Rogers's Protests of the Lords; Cal. of State Papers, Dom. 1663–4 p. 389, 1665–6 pp. 104, &c., 1667, p. 473; Turner's Hist. Sketch of Caistor Castle.]

PASTON, WILLIAM (1378–1444), judge, was born in 1378 at Paston on the coast of Norfolk, four miles from North Walsham, and close to the small Cluniac priory of Bromholm (Norfolk Archæology, vol. iv.; Paston Letters, i. 30). He was son of Clement Paston, who died on 17 June 1419, and Beatrix de Somerton (ib. i. 52, iii. 448). Twenty years after William Paston's death an attempt was made to defeat his son's claim to the Fastolf estates on the plea that his grandmother, and apparently his grandfather too, had been of servile blood. Clement Paston was alleged to have been merely a good plain husbandman who cultivated his own little holding of a hundred acres or so, much of which he held on base tenure of

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1345

TITLE III—AMENDMENTS TO ARTS AND ARTIFACTS INDEMNITY ACT SEC. 301. FEDERAL COUNCIL MEMBERSHIP.

Section 2(b) of the Arts and Artifacts Indemnity Act (20 U.S.C. 9710b)) is amended— (l)by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) For purposes of this Act, the Secretary of the Smithsonian Institution, the Director of the National Geillery of Art, the member designated by the Chairman of the Senate Commission of Art and Antiquities and the member designated by the Speaker of the House of Representatives shall not serve as members of the Council.".

Prohibition.

SEC. 302. ELIGIBILITY FOR INDEMNITY.

(a) Section 30)X1) of the Arts and Artifacts Indemnity Act (20 U.S.C. 9720t)Xl)) is amended by striking out ", or elsewhere when part of an exchange of exhibitions, but in no case shall both parts of such an exhibition be so covered" and inserting in lieu thereof "or elsewhere preferably when part of an exchange of exhibitions". Oa) The amendment made by paragraph (1) shall apply with respect to any exhibition which is certified under section 3(a) of the Arts and Arttfacts Indemnity Act after the date of enactment of this Act.

20 USC 972 note.

SEC. 303. INDEMNITY AGREEMENT.

(a) Section 50)) of the Arts and Artifacts Indemnity Act (20 U.S.C. 9740))) is amended by striking out "$400,000,000" and inserting in lieu thereof "$650,000,000". Qji) Section 5(c) of the Arts and Artifacts Indemnity Act (20 U.S.C. 974(c)) is amended by striking out "$50,000,000" and inserting in lieu thereof "$75,000,000". TITLE IV—ALTERNATIVE FEDERAL FUNDING OF THE ARTS AND HUMANITIES SEC. 40L STUDY OF ALTERNATIVE FUNDING OF THE ARTS AND THE HUMANITIES.

(a) STUDY REQUIRED.—(1) The Comptroller General of the United States shall conduct a study to determine the feasibility of supplementing expenditures made from the general fund of the Treasury of the United States for the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum Services through other Federal funding mechanisms. The study required by this section shall consider, but is not limited to, the consideration of the following funding sources: (A) A revolving fund comprised of payments made to the Copyrights. Federal Government through an extension of the existing Federal copjrright period for artistic, dramatic, literary, and musical works. (B) A revolving fund comprised of payments made to the Federal Government for the right to use or publicly perform artistic, dramatic, literary, and musical works in the public domain. (2) In carrying out the study required by this section, the Comptroller General shall frequently consult with and seek the advice of the Chairperson of the National Endowment for the Arts,

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 99 STAT. 1346

Copyrights.

Copyrights.

PUBLIC LAW 99-194—DEC. 20, 1985

the Chairperson of the National Endowment for the Humanities, the Director of the Institute of Museum Services, the Register of Copyrights, the Chairman of the Labor and Human Resources Committee of the Senate, the Chairman of the Education and Labor Committee of the House of Representatives, the Chairman of the Committee on the Judiciary of the Senate, and the Chairman of the Committee on the Judiciary of the House of Representatives, concerning the scope, direction, and focus of the study. (3) In conducting the study required by this section, the Comptroller General shall consider the impact which the implementation of each supplemental funding mechanism would have on— (A) any international copyright treaties, commitments, and obligations to which the United States is a party; (B) public participation in the arts and the humanities; (C) private, corporate, and foundation support for the arts and the humanities; (D) the overall quality of arts and the humanities in the United States; (E) the creative activities of individual authors and artists; and (F) the activities and operations of private copyrighting organizations, (b) REPORT.—The Comptroller General shall prepare and submit to the Congress not later than one year after the date of enactment of this Act a report of the study required by this section, together with such recommendations as the Comptroller General deems appropriate. TITLE V—CONSTITUTIONAL BICENTENNIAL EDUCATION PROGRAM SEC. 501. EDUCATION PROGRAM FOR THE COMMEMORATION OF THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES AND THE BILL OF RIGHTS.

Grants. Schools and colleges.

Schools and colleges.

20 USC 959.

(a) GENERAL AUTHORITY.—(1) The Commission on the Bicentennial of the United States Constitution shall, in accordance with the provisions of this section, carry out an education program for the commemoration of the bicentennial of the Constitution of the United States and the Bill of Rights. (2) To commemorate the bicentennial anniversary of the Constitution of the United States and the Bill of Rights, the Commission— (A) is authorized to make grants to local educational agencies, private elementary and secondary schools, private organizations, individuals, and State and local public agencies in the United States for the development of instructional materials and programs on the Constitution of the United States and the Bill of Rights which are designed for use by elementary or secondary school students; and (B) shall implement an annual national bicentennial Constitution and Bill of Rights competition based upon the programs developed and used by elementary and secondary schools. (3) In carrying out the program authorized by this section, the Chairman of the Commission shall have the same authority as is established in section 10 of the National Foundation on the Arts and the Humanities Act of 1965. -»«*.*»^^. „..,.. ~-i

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 PUBLIC LAW 99-194—DEC. 20, 1985

99 STAT. 1347

(b) DEFINITION.—For the purpose of this section, the term "Commission" means the Commission on the Bicentennial of the United States Constitution. (c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated $5,000,000 for each of the fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out the provisions of this section. (2) Amounts appropriated pursuant to paragraph (1) may be used for necessary administrative expenses, including staff. TITLE VI—POET LAUREATE CONSULTANT IN POETRY SEC. 601. AUTHORITY FOR POET LAUREATE CONSULTANT IN POETRY. (a) RECOGNITION OF THE CONSULTANT IN POETRY.—The Congress

recognizes that the Consultant in Poetry to the Library of Congress has for some time occupied a position of prominence in the life of the Nation, has spoken effectively for literary causes, and has occasionally performed duties and functions sometimes associated with the position of poet laureate in other nations and societies. Individuals are appointed to the position of Consultant in Poetry by the Librarian of Congress for one- or two-year terms solely on the basis of literary merit, and are compensated from endowment funds administered by the Library of Congress Trust Fund Board. The Congress further recognizes this position is equivalent to that of Poet Laureate of the United States. (b) POET LAUREATE CONSULTANT IN POETRY ESTABLISHED.—(1)

There is established in the Library of Congress the position of Poet Laureate Consultant in Poetry. The Poet Laureate Consultant in Poetry shall be appointed by the Librarian of Congress pursuant to the same procedures of appointment as established on the date of enactment of this section for the Consultant in Poetry to the Library of Congress. (2) Each department and office of the Federal Government is encouraged to make use of the services of the Poet Laureate Consultant in Poetry for ceremonial and other occasions of celebration under such procedures as the Librarian of Congress shall approve designed to assure that participation under this paragraph does not impair the continuation of the work of the individual chosen to fill the position of Poet Laureate Consultant in Poetry.

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2 USC 177. Library of Congress.

Library of Congress.

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 99 STAT. 1348

Appropriation authorization.

PUBLIC LAW 99-194—DEC. 20, 1985

(c) POETRY PROGRAM.—(1) The Chairperson of the National Endowment for the Arts, with the advice of the National Council on the Arts, shall annually sponsor a program at which the Poet Laureate Consultant in Poetry will present a major work or the work of other distinguished poets. (2) There are authorized to be appropriated to the National Endowment for the Arts $10,000 for the fiscal year 1987 and for each succeeding fiscal year ending prior to October 1, 1990, for the purpose of carrying out this subsection. Approved December 20, 1985.

LEGISLATIVE HISTORY—S. 1264 (H.R. 3248): HOUSE REPORT No. 99-274 accompanying H.R. 3248 (Comm. on Education and Labor). SENATE REPORT No. 99-125 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 3, considered and passed Senate. Oct. 10, H.R. 3248 considered and passed House; proceedings vacated and S. 1264, amended, passed in lieu. Dec. 3, Senate concurred in House amendments with amendment. Dec. 4, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 51 (1985): Dec. 20, Presidential statement.

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 PUBLIC LAW 99-195—DEC. 23, 1985

99 STAT. 1349

Public Law 99-195 99th Congress An Act To amend the Panama Canal Act of 1979 with respect to the payment of interest on the investment of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 1302(b) of the Panama Canal Act of 1979 (22 U.S.C. 3712(b)) is amended by inserting immediately before the period at the end thereof the following: "; except that the part of the tolls and other receipts that covers interest on the investment of the United States in the Panama Canal pursuant to section 1602 and 1603 of this Act shall be deposited into the Treasury as miscellaneous receipts". (b) Section 1603(b)(2)(A) of the Panama Canal Act of 1979 (22 U.S.C. 3793(b)(2)(A)) is amended by striking out "Treasury" and inserting in lieu thereof "Panama Canal Commission Fund". SEC. 2. The amendments made by this Act shall apply only to tolls and other receipts of the Commission deposited in the Treasury on or after the date of the enactment of this Act. Approved December 23, 1985.

LEGISLATIVE HISTORY—H.R. 664: HOUSE REPORT No. 99-53 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 99-205 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 131 (1985): May 6, considered and passed House. Dec. 11, considered and passed Senate.

Dec. 23, 1985 [H.R. 664]

22 USC 3792; ^'^^^

22 USC 3712 "ot^

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 99 STAT. 1350

PUBLIC LAW 99-196—DEC. 23, 1985

Public Law 99-196 99th Congress An Act Dec. 23, 1985 [H.R. 1534]

To convert the temporary authority to allow Federal employees to work on a flexible or compressed schedule under title 5, United States Code, into permanent authority.

Be it enacted by the Senate and House of Representatives of the 5 USC 6101 note. United States of America in Congress assembled, That section 5 of ^^P^^i the Federal Employees Flexible and Compressed Work Schedules Act of 1982 (Public Law 97-221; 96 Stat. 234) is repealed. Approved December 23, 1985.

,Ou. l a d m s O O l l i;jVV/.'-.,j,o/..

LEGISLATIVE HISTORY—H.R. 1534: HOUSE REPORT No. 99-82 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 131 (1985): May 20, considered and passed House. Dec. 11, considered and passed Senate.

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 PUBLIC LAW 99-197—DEC. 23, 1985

99 STAT. 1351

Public Law 99-197 99th Congress An Act To designate certain national forest system lands in the State of Kentucky for inclusion in the National Wilderness Preservation System, to release other forest lands for multiple use management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Kentucky Wilderness Act of 1985". SEC. 2. In furtherance of the purposes of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.) certain National Forest System lands located within the Daniel Boone National Forest, Kentucky, which comprise approximately thirteen thousand three hundred acres as generally depicted on a map entitled "Clifty Wilderness—Proposed", dated January 1985, are hereby designated as wilderness, and shall be known as the Clifty Wilderness. SEC. 3. Subject to valid existing rights, the Clifty Wilderness shall be administered by the Secretary of Agriculture as a component of the National Wilderness Preservation System in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. SEC. 4. (a) The Congress finds that— (1) the Department of Agriculture has completed the Second Roadless Area Review and Evaluation Program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Kentucky and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Kentucky, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Kentucky; (2) with respect to the National Forest System lands in the State of Kentucky which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands remaining in further planning upon enactment of this Act, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of

Dec. 23, 1985 [H.R. 1627]

Kentucky Wilderness Act of 1985. 16 USC 1132 note.

16 USC 1131 note. Conservation.

Congress.

16 USC 1600 note. 16 USC 1600 note.

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 99 STAT. 1352

16 USC 1604. 16 USC 1600 note.

16 USC 1600 note.

16 USC 1600 note. 16 USC 1600 note. Prohibition.

Public availability.

PUBLIC LAW 99-197—DEC. 23, 1985

Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Kentucky reviewed in such final environmental statement or referenced in subsection (d) and not recommended for further planning as a result of the second roadless area review and evaluation program or designated as wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest Rangeland Renewable Resources Act of 1974, as amended by the National Forest Planning Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Kentucky are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderniess designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Kentucky for the purposes of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an amendment to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Kentucky which are less than five thousand acres in size. SEC. 5, As soon as practicable after enactment of this Act, the map and a legal description of the Clifty Wilderness shall be filed with the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate, and such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That

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 PUBLIC LAW 99-197—DEC. 23, 1985

99 STAT. 1353

corrections of clerical and typographical errors in such legal description and map may be made. Approved December 23, 1985.

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to ic:

LEGISLATIVE HISTORY—H.R. 1627: HOUSE REPORT No. 99-411, Pt. I (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 9, considered and passed House. Dec. 12, considered and passed Senate.

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 99 STAT. 1354

PUBLIC LAW 99-198—DEC. 23, 1985

•Public Law 99-198 99th Congress An Act Dec. 23, 1985 [H.R. 2100]

Food Security Act of 1985. Farms and farming. Agriculture and agricultural commodities. 7 USC 1281 note.

To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to continue food assistance to low-income persons, to ensure consumers an abundance of food and flber at reasonable prices, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

SECTION

1985".

1. This Act may be cited as the "Food Security Act of TABLE OF CONTENTS

SEC. 2. The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I-DAIRY Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle A—Milk Price Support and Producer-Supported Dairy Program 101. Milk price support, price reduction, and milk production termination programs for calendar years 1986 through 1990. 102. Administrative procedure*. 103. Application of support price for milk. 104. Avoidance of adverse effect of milk production termination program on beef, pork, and lamb producers. 105. Domestic casein industry. 106. Study relating to casein. 107. Circumvention of historical distribution of milk. 108. Application of amendments.

Subtitle B—Dairy Research and Promotion Sec. 121. National Dairy Research Endowment Institute. Subtitle C—Milk Marketing Orders Sec. 131. Minimum adjustments to prices for fluid milk under marketing orders. Sec. 132. Adjustments for seasonal production; hearings on amendments; determination of milk prices. Sec. 133. Marketwide service payments. Sec. 134. Status of producer handlers. Sec. Sec. Sec. Sec. Sec. Sec.

141. 142. 143. 144. 145. 146.

Subtitle D—National Commission on Dairy Policy Findings and declaration of policy. Establishment of commission. Study and recommendations. Administration. Financial support. Termination of commission.

Subtitle E—Miscellaneous Sec. 151. Transfer of dairy products to the military and veterans hospitals. Sec. 152. Extension of the dairy indemnity program. Sec. 153. Dairy export incentive program. signed by the President on December 23, 1985.
 * Note: The printed text of Public Law 99-198 is a reprint of the hand enrollment,

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1355

TITLE n—WOOL AND MOHAIR Sec. 201. Extension of price support program. Sec. 202. Foreign promotion programs. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE III—WHEAT 301. Wheat poll. 302. Marketing quotas. 303. Marketing quota apportionment foctor. 304. Farm marketing quotas. 305. Marketing penalties. 306. Referendum. 307. Transfer of farm marketing (quotas. 308. Loan rates, target prices, disaster payments, acreage limitation and setaside programs, and land diversion for the 1986 through 1990 crops of wheat. 309. Nonapplicability of certificate requirements. 310. Suspension of land use, wheat marketing allocation, and producer certificate provisions. 311. Suspension of certain quota provisions. 312. Nonapplicability of section 107 of the Agricultural Act of 1949 to the 1986 through 1990 crops of wheat.

TITLE IV—FEED GRAINS Sec. 401. Loan rates, target prices, disaster payments, acreage limitation and setaside programs, and land diversion for the 1986 through 1990 crops of feed grains. Sec. 402. Nonapplicability of section 105 of the agricultural act of 1949 to the 1986 through 1990 crops of feed grains. Sec. 403. Price support for corn silage. TITLE V—COTTON Sec. 501. Loan rates, target prices, disaster payments, acreage limitation program, and land diversion for the 1986 through 1990 crops of upland cotton. Sec. 502. Suspension of base acreage allotments, marketing quotas, and related provisions. Sec. 503. Commodity Credit Corporation sales price restrictions. Sec. 504. Miscellaneous cotton provisions. Sec. 505. Skiprow practices. Sec. 506. Preliminary allotments for 1991 crop of upland cotton. Sec. 507. Extra long staple cotton. TITLE VI—RICE Sec. 601. Loan rates, target prices, disaster payments, acreage limitation program, and land diversion for the 1986 through 1990 crops of rice. Sec. 602. Marketing loan for the 1985 crop of rice. Sec. 603. Marketing certificates. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE VII—PEANUTS 701. Suspension of marketing quotas and acreage allotments. 702. National poundage quota and farm poundage quota. 703. Sale, lease, or transfer of farm poundage quota. 704. Marketing penalties; disposition of additional peanuts. 705. Price support program. 706. Reports and records. 707. Suspension of certain price support provisions.

TITLE VIII—SOYBEANS Sec. 801. Soybean price support. TITLE IX—SUGAR Sec. 901. Sugar price support. Sec. 902. Prevention of sugar loan forfeitures. Sec. 903. Protection of sugar producers. TITLE X—GENERAL COMMODITY PROVISIONS Subtitle A—Miscellaneous Commodity Provisions Sec. 1001. Payment limitations. Sec. 1002. Advance deficiency and diversion payments.

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 99 STAT. 1356

PUBLIC LAW 99-198—DEC. 23, 1985

Sec. Sec. Sec. Sec. Sec. Sec.

1003. 1004. 1005. 1006. 1007. 1008.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1009. 1010. 1011. 1012. 1013. 1014. 1015. 1016. 1017. 1018. 1019. 1020. 1021. 1022. 1023. 1024.

Advance recQurse commodity loans. Interest payment certificates. Payments in commodities. •'" ' Wheat and feed grain export certificate programs. Commodity Credit Corporation sales price restrictions. Disaster payments for 1985 through 1990 crops of peanuts, soybeans, sugar beets, and sugarcane. Cost reduction options. Multiyear set-asides. Supplemental set-aside and acreage limitation authority. Producer reserve program for wheat and feed grains. Extension of reserve. ' Normally planted acreage. Special grazing and hay program. Advance announcement of programs. Determinations of the Secretary. Application of terms in the Agricultural Act of 1949. Normal supply. Marketing year for corn. Federal Crop Insurance Corporation emergency funding authority. Crop insurance study. National Agricultural Cost of Production Standards Review Board. Liquid fuels.

Subtitle B—Uniform Base Acreage and Yield Provisions Sec. 1031. Acreage base and program yield system for the wheat, feed grain, upland cotton, and rice programs. Subtitle C—Honey Sec. 1041. Honey price support. TITLE XI—TRADE Subtitle A—Public Law 480 and Use of Surplus Commodities in International Programs Sec. 1101. Title II of Public Law 480—funding levels. Sec. 1102. Minimum quantity of agricultural commodities distributed under title II. Sec. 1103. Title II of Public Law 480—minimum for fortified or processed food and nonprofit agency proposals. Sec. 1104. Food assistance programs of voluntary agencies. Sec. 1105. Extension of the Public Law 480 authorities. Sec. 1106. Facilitation of exports. Sec. 1107. Farmer-to-farmer program under Public Law 480. Sec. 1108. Food for development program. Sec. 1109. Use of surplus commodities in international programs. Sec. 1110. Food for progress. Sec. n i l. Sales for local currencies; private enterprise promotion. Sec. 1112. Child immunization. Sec. 1113. Special Assistant for Agricultural Trade and Food Aid. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1121. 1122. 1123. 1124. 1125. 1126. 1127.

Sec. 1128. Sec. 1129. Sec. Sec. Sec. Sec. Sec.

1130. 1131. 1132. 1133. 1134.

Subtitle B—Maintenance and Development of Export Markets Trade policy declaration. Trade liberalization. Agricultural trade consultations. • Targeted export assistance. Short-term export credit. Cooperator market development program. Development jmd expansion of markets for United States agricultural commodities. Poultry, beef and pork meats and meat-food products, equitable treatment. Pilot barter program for exchange of agricultural commodities for strategic materials. Agricultural export credit revolving fund. Intermediate export credit. Agricultural attache reports. Contract sanctity and producer embargo protection. Study to reduce foreign exchange risk. =*

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99 STAT. 1357

Subtitle C—Export Transportation of Agricultural Commodities Sec. 1141. Findings and declarations. Sec. 1142. Exemption of certain agricultural exports from the requirements of the cargo preference laws. Sec. 1143. Effect on other lavrs. Subtitle D—Agricultural Imports Sec. 1151. Trade consultations. Sec. 1152. Apricot Study. Sec. 1155. Study relating to brazilian ethanol imports. Sec. 1156. Study of oat imports. Subtitle E—Trade Practices Sec. 1161. Tobacco pesticide residues. Sec. 1162. Assessment of export displacement. Sec. 1163. Export sales of dairy products. Sec. 1164. Unfair trade practices. Sec. 1165. Thai rice. Sec. 1166. End users of imported tobacco. Sec. 1167. Barter of agricultural commodities for strategic and critical materials. TITLE XII—CONSERVATION Subtitle A—Definitions Sec. 1201. Definitions. Subtitle B—Highly Erodible Land Conservation Sec. 1211. Program ineligibility. Sec. 1212. Exemptions. Sec. 1213. Soil surveys. Subtitle C—Wetland Conservation Sec. 1221. Program ineligibility. Sec. 1222. Exemptions. Sec. 1223. Consultation with Secretary of the Interior. Subtitle D—Conservation Acreage Reserve Sec. 1231. Conservation acreage reserve. Sec. 1232. Duties of owners and operators. Sec. 1233. Duties of the Secretary. Sec. 1234. Payments. Sec. 1235. Contracts. Sec. 1236. Base history. Subtitle E—Administration Sec. 1241. Use of Commodity Credit Corporation. Sec. 1242. Use of other agencies. Sec. 1243. Administration. Sec. 1244. Regulations. Sec. 1245. Authorization for appropriations. Subtitle F—Other Conservation Provisions Sec. 1251. Technical assistance for water resources. Sec. 1252. Soil and water resources conservation. Sec. 1253. Dry land farming. Sec. 1254. Softwood timber. TITLE XIII—CREDIT Sec. 1301. Joint operations. Sec. 1302. Eligibility for real estate and operating loans. Sec. 1303. Family farm restriction. Sec. 1304. Water and weiste disposal facilities. Sec. 1304A. Interest Rates—Water and Waste Disposal Facility and Community Facility Loans. Sec. 1305. Mineral rights as collateral. Sec. 1306. Farm recordkeeping training for limited resource borrowers. Sec. 1307. Nonsupervised accounts. Sec. 1308. Eligibility for emergency loans.

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 99 STAT. 1358

PUBLIC LAW 99-198—DEC. 23, 1985

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1309. 1310. 1311. 1312. 1313. 1314. 1315. 1316. 1317. 1318.

Sec. Sec. Sec. Sec.

1319. 1320. 1321. 1322.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1323. 1324. 1325. 1326. 1327. 1328. 1329.

Settlement of claims. ^ - •'• ' Oil and gas royalties. County committees. Prompt approval of loans and loan guarantees. Appeals. Disposition and leasing of farmland. Release of normal income security. Loan summary statements. Authorization of loan amounts. Farm debt restructure and conservation set-aside conservation easements. Administration of guaranteed farm loan programs. Interest rate reduction program. Homestead protection. Extension of credit to all rural utilities that participate in the program administered by the rural electriflcation administration. Nonprofit national rural development and finance corporations. Protection for purchasers of farm products. Prohibiting coordinated financial statement. Regulatory restraint. Study of farm credit system. Continuation of small farmer training and technical assistance program. Study of farm and home plan.

TITLE XIV—AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1401. 1402. 1403. 1404. 1405. 1406. 1407. 1408. 1409. 1410. 1411. 1412. 1413. 1414. 1415. 1416. 1417. 1418. 1419. 1420. 1421. 1422.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1423. 1424. 1425. 1426. 1427. 1428. 1429. 1430. 1431.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1432. 1433. 1434. 1435. 1436. 1437. 1438. 1439. 1440. 1441. 1442.

Subtitle A—General Provisions Short title. i Findings. Definitions. Responsibilities of the Secretary of Agriculture. Joint Council on Food and Agricultural Sciences. National Agricultural Research and Extension Users Advisory Board. Federal-State partnership. Report of the Secretary of Agriculture. Competitive, special, and facilities research grants. Grants for schools of veterinary medicine. Research facilities. Grants and fellowships for food and agricultural sciences education. Food and human nutrition research and extension program. Animal health and disease research. Extension at 1890 land-grant colleges. Grants to upgrade 1890 land-grant college extension facilities. Research at 1890 land-grant colleges. International agricultural research and extension. International trade development centers. Agricultural information exchange with Ireland. Studies. . Authorization for appropriations for certain agricultural research programs. Authorization for appropriations for extension education. Contracts, grants, and cooperative agreements. Indirect costs. Cost-reimbursable agreements. Technology development. Supplemental and alternative crops. Aquaculture. Rangeland research. Authorization for appropriations for Federal agricultural research facilities. Dairy goat research. Grants to upgrade 1890 land-grant college research facilities. Soybean Research Advisory Institute. Smith-Lever Act. Market expansion research. Pesticide resistance study. Expansion of education study. Critical agricultural materials. Special grants for financially stressed farmers and dislocated farmers. Annual report on family farms. Conforming amendments to tables of contents. ,,. *.,. - ^c-

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99 STAT. 1359

Subtitle B—Human Nutrition Research Sec. 1451. Findings. Sec. 1452. Human nutrition research. Sec. 1453. Dietary assessment and studies. Sec. Sec Sec Sec Sec Sec Sec Sec Sec. Sec Sec

1461. 1462. 1463. 1464. 1465. 1466. 1467. 1468. 1469. 1470. 1471.

Subtitle C—Agricultural Productivity Research Definitions. Findings. Purposes. Information study. Research projects. Coordination. Reports. Agreements. Insemination of data. Authorization for appropriations. Effective date. TITLE XV—FOOD STAMP AND RELATED PROVISIONS

Sec. Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec. Sec Sec Sec Sec Sec. Sec Sec Sec Sec. Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec

1501. 1502. 1503. 1504. 1505. 1506. 1507. 1508. 1509. 1510. 1511. 1512. 1513. 1514. 1515. 1516. 1517. 1518. 1519. 1520. 1521. 1522. 1523. 1524. 1525. 1526. 1527. 1528. 1529. 1530. 1531.

Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec

1532. 1533. 1534. 1535. 1536. 1537. 1538. 1539. 1540. 1541. 1542. 1543.

Subtitle A—Food Stamp Provisions Publicly operated community mental health centers. Determination of food sales volume. Thri% food plan. Definitions of the disabled. State and local sales taxes. Relation of food stamp and commodity distribution programs. Cat^orical eligibility. Third party payments. Ehccluded income. Child support payments. Deductions from income. Incomefi:x>mself-employment. Retrospective budgeting and monthly reporting simplification. Resources limitation. Disaster task force. El^ibility disqualifications. Employment and training program. Staggering of coupon issuance. Alternative means of coupon issuance. Simplified applications and standardized benefits. Dtsclosure of information submitted by retail stores. Credit unions. Charges for redemption of coupons. Hours of operation. Certification of information. Fraud detection. Verification. Photographic identification cards. Eligibility of the homeless. Expanded food and nutrition education program. Food stamp program information and simplified application at social security administration offices. Retail food stores and wholesale food concerns. Liability for overissuanoe of coupons. Collection of claims. Food stamp intercept of unemployment benefits. Administrative and judicial review. State agency liabihty, quality control, and automatic data processing. QuaUty control studies and penalty moratorium. Geographical error-prone profiles. Pilot projects. Authorization ceiling; authority to reduce benefits. Transfer of funds. Puerto Rico block grant.

Subtitle B—Commodity Distribution Provisions Sec 1561. Transfer of section 32 commodities. Sec 1562. Commodity distribution programs. S e c 1563. Emergency feeding organizations—definitions.

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 99 STAT. 1360 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

PUBLIC LAW 99-198—DEC. 23, 1985 1564. Temporary emergency food assistance program. 1565. Repeal of provisions relating to the food security wheat reserve. 1566. Report on commodity displacement. 1567. Distribution of surplus commodities; processing agreements. 1568. State cooperation. 1569. Authorization for funding and related provisions. 1570. Reauthorizations. 1571. Report. Subtitle C—Nutrition and Miscellaneous Provisions 1581. School lunch pilot project. 1582. Gleaning of fields. 1583. Issuance of rules. 1584. Nutrition education findings. 1585. Purpose. 1586. Program. 1587. Administration. 1588. Authorization of appropriations. 1589. Nutrition monitoring. TITLE XVI—MARKETING Subtitle A—Beef Promotion and Research Act of 1985 1601. Amendment to Beef Research and Information Act. Subtitle B—Pork Promotion, Researclv^d Consumer Information 1611. Short title. 1612. Findings and declaration of purpose. 1613. Definitions. 1614. Pork and pork product orders. 1615. Notice and hearing. 1616. Findings and issuance of orders. 1617. National Pork Producers Del^ate Body. 1618. Selection of delegate body. 1619. National Pork Board. 1620. Assessments. 1621. Permissive provisions. 1622. Referendum. 1623. Suspension and termination of orders. 1624. Refunds. 1625. Petition and review. 1626. Enforcement. 1627. Investigations. 1628. Preemption. 1629. Administrative provision. 1630. Authorization for appropriations. 1631. Effective date. Subtitle C—Watermelon Research and Promotion Act 1641. Short title. 1642. Findings and declaration of policy. 1643. Definitions. 1644. Issuance of plans. 1645. Notice and hearings. 1646. Regulations. 1647. Required terms in plans. 1648. Permissive terms in plans. 1649. Assessment procedures. 1650. Petition and review. 1651. Enforcement. 1652. Investigation and power to subpoena. 1653. Requirement of referendum. 1654. Suspension or termination of plans. 1655. Amendment procedure. 1656. Separability. 1657. Authorization of appropriations. Subtitle D—Marketing Orders 1661. Maximum penalty for order violations. 1662. Limitation on authority to terminate marketing orders.

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99 STAT. 1361

Sec. 1663. Confidentiality of information. Subtitle E—Grain Inspection Sec. 1671. Grain standards. Sec. 1672. New grain classifications. Sec. 1673. Study of grain standards. TITLE XVII—RELATED AND MISCELLANEOUS MATTERS Subtitle A—Processing, Inspection, and Labeling Sec. 1701. Poultry inspection. Sec. 1702. Inspection and other standards for imported meat and meat food products. Sec. 1703. Examination and report of labeling and sanitation standards for importation of agricultural commodities. Sec. 1704. Potato inspection. Subtitle B—Agricultural Stabilization and Conservation Committees Sec. 1711. Local committees. Sec. 1712. County committees. Sec. 1713. Salary and travel expenses. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle C—National Agricultural Policy Commission Act of 1985 1721. Short title. 1722. Definitions. 1723. Establishment of commission. 1724. Conduct of study. 1725. Reports. 1726. Administration. 1727. Authorization of appropriations. 1728. Termination.

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1731. 1732. 1733. 1734. 1735. 1736. 1737.

Subtitle D—National Aquaculture Improvement Act of 1985 Short title. Findings, purpose, and policy. Definitions. National aquaculture development plan. Functions and powers of secretaries. Coordination of national activities regarding aquaculture. Authorization of appropriations.

Subtitle E—Special Study and Pilot Projects on Futures Trading Sec. 1741. Findings and declaration of policy. Sec. 1742. Study by the Department of Agriculture. Sec. 1743. Pilot program. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1751. 1752. 1753. 1754. 1755. 1756. 1757. 1758. 1759.

Subtitle F—Animal Welfare Findings. Standards and certification process. Inspections. Penalty for release of trade secrets. Increased penalties for violation of the Act. Definitions. Consultation with the Secretary of Health and Human Services. Technical amendment. Effective date.

Subtitle G—Miscellaneous Commodity credit corporation storage contracts. Weather and climate information in agriculture. Emergency feed program. Controlled substances production control. Study of unleaded fuel in agricultural machinery. Potato advisory panel. Viruses, serums, toxins, and analagous products. Authorization of appropriations for Federal Insecticide, Fungicide, and Rodenticide Act. Sec. 1769. User fees for reports, publications, and software. Sec. 1770. Confidentiality of information. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1761. 1762. 1763. 1764. 1765. 1766. 1767. 1768.

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 99 STAT. 1362

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

1771. 1772. 1773. 1774.

Land conveyance to Irwin County, Georgia. National tree seed laboratory. Control of grasshoppers and mormon crickets on all Federal lands. Study of a strategic ethanol reserve.

TITLE XVIII—GENERAL EFFECTIVE DATE Sec. 1801. Effective Date.

TITLE I—DAIRY Subtitle A—Milk Price Support and Producer-Supported Dairy Program MILK PRICE SUPPORT, PRICE REDUCTION, AND MILK PRODUCTION TERMINATION PROGRAMS FOR CALENDAR YEARS 1986 THROUGH 1990

Ante, p. 818.

7 USC 1427.

Prohibition.

Contracts.

SEC. 101. (a) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(I)(A) During the period beginning on January 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as provided in this subsection. "(B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk containing 3.67 percent milkfat. "(C)(i) During the period beginning on January 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. "(ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. "(D)(i) Subject to clause (ii), if for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 407 for unrestricted use), as estimated by the Secretary on January 1 of such calendar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such calendar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. "(ii) The rate of price support for milk may not be reduced under clause (i) unless— "(I) the milk production termination program under paragraph (3) achieved a reduction in the production of milk by participants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or "(II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Secretary, that reasonable contract offers were extended by the Secretary under such program but such offers were not accepted by a sufficient number of producers ^ making reasonable bids for contracts to achieve such a reduction in production. "(E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1363

subsection (less sales under section 407 for unrestricted use), as 7 USC 1427. estimated by the Secretary on January 1 of such calendar year, will not exceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. "(F) The price of milk shall be supported through the purchase of milk and the products of milk. "(2)(A) During the period beginning on April 1, 1986, and ending on September 30, 1987, the Secretary shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. "(B) The amount of the reduction under subparagraph (A) in the price received by producers shall be— "(i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and "(ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. "(C) The funds represented by the reduction in price, required under subparagraph (A) to be applied to the marketings of milk by a producer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Secretary, by each person making payment to a producer for milk purchased from such producer, except that in the case of a producer who markets milk of the producer's own production directly to consumers, such funds shall be remitted directly to the Corporation by such producer. "(D) The funds remitted to the (>)rporation under this paragraph shall be considered as included in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.". 7 USC 674. (b) Paragraph (3) of section 201(d) of the Agricultural Act of 1949 Animals. Exports. (7 U.S.C. 1446(d)) is amended by— (1) striking out subparagraphs (A) through (G), and inserting in lieu thereof the following: "(A)(i) The Secretary shall establish and carry out under this paragraph a milk production termination program for the 18month period beginning April 1, 1986. "(ii) Under the milk production termination program re- Contracts. quired under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a contract with the producer for the purpose of terminating the production of milk by the producer in return for a payment to be made by the Secretary. "(iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— "(I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and "(II) by regulation specify marketing procedures to Regulation. ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for

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Page:Dictionary of National Biography volume 44.djvu/18

 the duchy of Lancaster, and drove his own corn to market (ib. vol. i. p. xxi, vol. ii. p. 227). The family, it was said, held no manorial rights until William Paston purchased some. These assertions might seem to be supported by Clement Paston's modest will, and we certainly find the judge's son endeavouring to obtain the grant of a court leet in Paston from the duchy (ib. iii. 421, 447). But the Pastons proved to the satisfaction of Edward IV and his council that they were ‘gentlemen descended lineally of worshipfull blood sithen the Conquest hither.’ The pedigree and other evidences on which they relied were preserved at Oxnead Hall until the family became extinct, and still exist in a copy made by Francis Sandford [q. v.] for Robert Paston, viscount (afterwards first earl of) Yarmouth [q. v.], in 1674, and printed by Mr. Worship in the fourth volume of the ‘Norfolk Archæology.’ The first steps in the family tree, beginning with Wolstan, who came over from Normandy in 1069, are more than doubtful, and some curious errors occur elsewhere; but there seems no good reason to doubt that the Pastons belonged to the small gentry of Norfolk, and had secured by marriage manors in parishes contiguous to Paston. But Judge Paston was clearly the real founder of the family fortunes. If the unfriendly statement already quoted may be trusted, his father had to borrow money to keep him at school, and he was partly supported, during his law studies in London, by a maternal uncle. He made great progress in these studies, and one of the first acts of Richard Courtenay [q. v.] when he became bishop of Norwich in 1413 was to make Paston steward of all his courts and leets (, Hist. of Norfolk, vi. 479). According to Blomefield, the citizens of Norwich called him in as arbitrator in a dispute about the election of mayor in 1414, an honour repeated in 1442 (ib. iii. 126, 148). In 1421 the bench enrolled him in the select body of serjeants-at-law, and his services in that capacity were soon retained for the crown (, Origines Juridiciales, p. 46). On 15 Oct. 1429 Paston was raised to the bench as one of the justices of the common pleas, and continued to perform the duties of this office until a few months before his death (Ordinances of the Privy Council, iv. 4). A salary of over seventy pounds was assigned to him, and, as a mark of special favour, he received two robes more than the ordinary allowance of the judges (Paston Letters, vol. i. p. xxiii). He was a member of the king's council for the duchy of Lancaster, and acted as a trier of petitions in the parliaments of 1439 and 1442 (Rot. Parl. v. 4, 36). His conduct on the bench in days when judicial impartiality was hard to preserve was such as to secure him the honourable title of the ‘Good Judge,’ and a place among Fuller's ‘Worthies of England.’ But it did not entirely escape challenge. While a serjeant-at-law he had been in great request among the Norfolk gentry as trustee and executor, and his services as counsel had been retained by towns and religious bodies as well as by private persons. In the parliament of November 1433 one William Dalling, an official of the duchy of Lancaster in Norfolk, accused the judge of being still ‘withholden’ at fees in every matter in Norfolk. The exact sums which he took yearly from certain parties named were specified. If he still took fees from old clients, it would be sufficient to cast a doubt upon his impartiality in cases where their interests were concerned. The petition, however, was rejected, and his reputation does not seem to have suffered. His duties as an advocate in lawless and litigious Norfolk had, before he became a judge, involved him in some awkward situations, of which we get a glimpse in the earlier letters of the Paston collection. In 1426 he prays ‘the Holy Trinite, delyvere me of my iij. adversaries, of this cursed bysshop for Bromholm, Aslak for Sprouston, and Julian Herberd for Thornham. I have nought trespassed ageyn noon of these iij., God knowing, and yet I am foule and noysyngly vexed with hem, to my gret unease, and al for my lordes and frendes matieres, and nought for myn owyn’ (Paston Letters, i. 26). As counsel for the priory of Bromholm, in whose fortunes he had a personal and family as well as a professional interest, Paston had resisted the claim of Walter Aslak to the advowson of Sprouston, and prosecuted a certain John Wortes ‘that namythe hymself Paston, and affirmeth hym untrewely to be my cousin,’ for apostasy from the priory. In August 1424 Aslak placarded Norwich with bills, threatening to murder Paston, and by his interest in high places brought him into ill-odour with John Mowbray, second duke of Norfolk, whose steward Paston had been since 1415. Wortes went to Rome, where he was made bishop of Cork, and got his adversary mulcted in a fine of 205l., and ultimately excommunicated. We are not told how either matter ended.

In January 1444 Paston was too ill to ride the home circuit, and made his will. He died on 13 Aug., late at night, which no doubt accounts for the date of his death being sometimes given as the 14th (ib. i. 50, 54, ii. 289, iii. 448–60). Sandford quotes a statement of William Worcester that he died at


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Page:United States Statutes at Large Volume 99 Part 2.djvu/254

 99 STAT. 1364

Contracts.

Regulations.

Contracts.

Prohibition. Contracts.

Contracts.

Contracts. Beef. Pork. Poultry.

PUBLIC LAW 99-198—DEC. 23, 1985 in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such procedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that maintains historical seasonal marketing patterns. During such 18-month period, the Secretary shall limit the total number of dairy cattle marketed for slaughter under the program in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. "(iv) Each contract made under this subparagraph shall provide that— "(I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; "(11) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the producer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such subclause unless the Secretary shall by regulation otherwise permit; and (III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple interest payable at a rate prescribed by the Secretary, which shall, to the extent practicable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date payment is first received under such contract. "(v) Any producer of milk who seeks to enter into a contract for payments under this paragraph shall provide the Secretary with (I) evidence of such producer's marketing history; (II) the size and composition of the producer's dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer's dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. "(vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. (vii) A contract entered into under this paragraph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. "(B) The Secretary may establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. "(C) In setting the terms and conditions of any milk diversion or milk production termination under this paragraph and of each contract made under this subparagraph, the Secretary shall take into account any adverse effect of such program or contracts on beef, pork, and poultry prodjucers in the United States and shall take all feasible steps to Aiinimize such effect.

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1365

"(D) A producer who commenced marketing milk after Contracts. December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer's entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or members of the family of the producer. The term 'member of the family of the producer' means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer's spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant."; (2) striking out subparagraphs (H), (I), (J), (L), and (O); and (3) redesignating subparagraph (K) as subparagraph (E). (c) Paragraph (5)(B) of section 201(d) of the Agricultural Act of Animals. 1949 (7 U.S.C. 1446(d)(5)(B)) is amended by— Exports. (1) striking out "(i)"; (2) striking out ", (ii)" and inserting in lieu thereof "or"; (3) striking out ", or (iii)" and all that follows through "paragraph (3)"; (4) redesignating the text thereof as clause (i); (5) adding at the end thereof the following: "(ii) Each person who buys, from a producer with respect to whom Contracts. there is in effect at the time of such sale a contract entered into under paragraph (3), one or more dairy cattle sold for slaughter or export, who knows that such cattle are sold for slaughter or export, and who fails to cause the slaughter or export of such cattle within a reasonable time after receiving such cattle shall be liable for a civil penalty of not more than $5,000 with respect to each of such cattle. "(iii) Each person who retains or acquires an interest in dairy Contracts. cattle or the production of milk in violation of a contract entered into under this paragraph shall be liable, in addition to any amount due under paragraph (3)(A)(iv), to a marketing penalty on the quantity of milk produced during the period in which such ownership is prohibited under the contract. Such penalty shall be computed at the rate or rates of the support price for milk in effect during the period in which the milk production occurred. "(iv) Each person who makes a false statement in a bid submitted under paragraph (3) as to (I) the marketings of milk for commercial use by the producer, or (II) the size or composition of the dairy herd that produced such marketings, or (III) the size or composition of the dairy herd at the time the bid is submitted shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of $5,000 for each head of cattle to which such statement applied. "(v) Each person who makes a false statement as to the number of Contracts. dairy cattle that was sold for slaughter or export under a contract under paragraph (3)(A) shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of not more than $5,000 for each head of cattle to which such statement applied.". (d) Section 201(c) of the Agricultural Act of 1949 (7 U.S.C. 1446(c)) is amended by striking out The price" and inserting in lieu thereof "Except as provided in subsection (d), the price". (e) Section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) Ante, p. 1362. is amended by adding at the end thereof the following: "(7) The Secretary shall carry out this subsection through the Commodity Credit Corporation.".

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 99 STAT. 1366 Effective date. 7 USC 1446 note.

PUBLIC LAW 99-198—DEC. 23, 1985

(f) The provisions of this section shall become effective January 1, 1986. ADMINISTRATIVE PROCEDURES

Prohibition. 7 USC 1446 note.

SEC. 102. Section 553 of title 5, United States Code, shall not apply with respect to the implementation of section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) by the Secretary of Agriculture, as amended by section 101, including determinations made regarding— (1) the level of price support for milk; (2) any reduction in the prices paid to producers of milk; and (3) the milk production termination program. APPLICATION OF SUPPORT PRICE FOR MILK

Prohibition. 7 USC 1446 note.

SEC. 103. For purposes of supporting the price of milk under section 201(d) of the Agricultural Act of 1949, the Secretary of Agriculture may not take into consideration any market value of whey. A V O I D A N C E OF A D V E R S E EFFECT OF M I L K PRODUCTION TERMINATION

PROGRAM ON BEEF, PORK, AND LAMB PRODUCERS 7 USC 1446 note.

Ante, p. 1362.

State and local governments.

SEC. 104. To minimize the adverse effect of the milk production termination program on beef, pork, and lamb producers in the United States during the 18-month period for which such program is in effect under section 201(d) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)), in such period— (1) the Secretary of Agriculture shall use funds available for the purposes of clause (2) of section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes" (7 U.S.C. 612c), approved August 14, 1935, including the contingency funds appropriated under such section 32, and other funds available to the Secretary under the commodity distribution and other nutrition programs of the Department of Agriculture, and including funds available through the Commodity Credit Corporation, to purchase and distribute 200,000,000 pounds of red meat in addition to those quantities normally purchased and distributed by the Secretary. Such purchases by the Secretary shall not reduce purchases of any other agricultural commodities under section 32; (2) the Secretary of Agriculture shall use funds available through the Commodity Credit Corporation to purchase 200,000,000 pounds of red meat, in addition to those quantities normally purchased and distributed by the Secretary, and to make such meat available— (A) to the Secretary of Defense, on a nonreimbursable basis, for use in commissaries on military installations located outside of the United States; or (B) for export under the authority of any law in effect on or after the date of the enactment of this Act; (3) the Secretary of Defense and other Federal agencies, to the maximum extent practicable, shall use increased quantities of red meat to meet the food needs of the programs that they administer, and State agencies are encouraged to cooperate in such effort; and

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text: All Quiet along the Potomac and other poems/Our Folks


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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1367

(4) the Secretary of Agriculture shall encourage the consumption of red meat by the public. DOMESTIC CASEIN INDUSTRY

SEC. 105. (a) The Commodity Credit Corporation shall provide 7 USC i446c-2. surplus stocks of nonfat dry milk of not less than 1,000,000 pounds annually to individuals or entities on a bid basis. (b) The Commodity Credit Corporation may accept bids at lower than the resale price otherwise required by law, in order to promote the strengthening of the domestic casein industry. (c) The Commodity Credit Corporation shall take appropriate action to ensure that the nonfat dry milk sold by the Corporation under this section is used only for the manufacture of casein. STUDY RELATING TO CASEIN

SEC. 106. The Secretary of Agriculture shall conduct a study to imports. determine whether imports of casein tend to interfere with or render ineffective the milk price support program of the Department of Agriculture. Not later than 60 days after the date of the enactment of this Act, the Secretary shall report the results of such study to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate. CIRCUMVENTION OF HISTORICAL DISTRIBUTION OP MILK

I

SEC. 107. The Secretary of Agriculture shall— 7 USC 1446 note. (1) monitor the Commodity Credit Corporation purchases of the products of milk during 1986 and 1987; and (2) report to Congress, on a quarterly basis, on disruptions of, Report. or attempts by handlers or cooperative marketing associations to circumvent, the historical distribution of milk among processors during the milk production termination program. APPLICATION OF AMENDMENTS

SEC. 108. The amendments made by this subtitle shall not affect Prohibition. any liability of any person under section 201 of the Agricultural Act 7 USC 1446 note. of 1949 (7 U.S.C. 1446) as in effect before the date of the enactment of this Act. Subtitle B—Dairy Research and Promotion NATIONAL DAIRY RESEARCH ENDOWMENT INSTITUTE

SEC. 121. The Dairy Production Stabilization Act of 1983 (7 U.S.C. 1421 note, et seq.) is amended by adding at the end thereof the following: "Subtitle C—Dairy Research Program "DEFINITIONS

"SEC. 130. For purposes of this subtitle— 7 USC 4531. "(1) the term 'board' means the board of trustees of the Institute; "(2) the term 'Department' means the Department of Agriculture;

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 99 STAT. 1368

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Post, pp. 1369, ^^^^' fi

PUBLIC LAW 99-198—DEC. 23, 1985 "(3) the term 'dairy products' means manufactured products that are derived from the processing of milk, and includes fluid milk products; "(4) the term 'fluid milk products' means those milk products normally consumed in liquid form as a beverage; "(5) the term 'Fund' means the Dairy Research Trust Fund established by section 135; "(6) the term 'Institute' means the National Dairy Research Endowment Institute established by section 131; "(7) the term 'milk' means any class of cow's milk marketed in the United States; "(8) the term 'person' means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; "(9) the term 'producer' means any person engaged in the production of milk for commercial use; "(10) the term 'research' means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and dairy products, and other related efforts to expand demand for milk and dairy products; "(11) the term 'Secretary' means the Secretary of Agriculture unless the context specifies otherwise; and "(12) the term 'United States' means the several States and the territories and possessions of the United States, except that for purposes of sections 131, 133(a), and 136, and paragraph (7) of this section, such term means the forty-eight contiguous States in the continental United States. "ESTABLISHMENT OF NATIONAL DAIRY RESEARCH ENDOWMENT INSTITUTE

Research and development. 7 USC 4532.

"SEC. 131. The Secretary of Agriculture may establish in the Department of Agriculture a National Dairy Research Endowment Institute whose function shall be to aid the dairy industry through the implementation of the dairy products research order, which its board of trustees shall administer, and the use of monies made available to its board of trustees from the Dairy Research Trust Fund to implement the order. In implementing the order, the Institute shall provide a permanent system for funding scientific research activities designed to facilitate the expansion of markets for milk and dairy products marketed in the United States. The Institute shall be headed by a board of trustees composed of the members of the National Dairy Promotion and Research Board. The board may appoint from among its members an executive committee whose membership shall reflect equally each of the different regions in the United States in which milk is produced. The executive committee shall have such duties and powers as are delegated to it by the board. The members of the board shall serve without compensation. While away from their homes or regular places of business in the performance of services for the board, members of the board shall be allowed reasonable travel expenses, including a per diem allowance in lieu of subsistence, as recommended by the board and approved by the Secretary, except that there shall be no duplication of payment for such expenses.

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 PUBLIC LAW 99-198—DEC. 23, 1985 ISSUANCE OF ORDER

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99 STAT. 1369 '

"SEC. 132. (a) After receipt of a proposed dairy products research Federal order, the Secretary may publish such proposed order in the Federal Register, Register and shall give notice and reasonable opportunity for public publication. comment on such proposed order. Such proposed order may be 7 USC 4533. submitted by an organization certified under section 114 or by any 7 USC 4505. interested person affected by the provisions of subtitle B. "(b) After the Secretary provides for such publication and a reasonable opportunity for a hearing under subsection (a), the Secretary may issue the dairy products research order. The order so Effective date. issued shall become effective not later than 90 days after publication in the Federal Register of the order. "(c) The Secretary may amend, from time to time, the dairy products research order issued under subsection (b). REQUIRED TERMS OF ORDER; AGREEMENTS UNDER ORDER; RECORDS

"SEC. 133. (a) The dairy products research order issued under Research and section 132(b) shall— "(1) provide for the establishment and administration, by the development. 7 USC 4534. Institute, of appropriate scientific research activities designed . to facilitate the expansion of markets for deiiry products mar[, keted in the United States; "(2) specify the powers of the board, including the powers to— "(A) receive and evaluate, or on its own initiative develop and budget for, research plans or projects designed to— "(i) increase the knowledge of human nutritional needs and the relationship of milk and dairy products to these needs; "(ii) improve dairy processing technologies, particularly those appropriate to small- and medium-sized family farms; "(iii) develop new dairy products; and - •=^' "(iv) appraise the effect of such research on the marketing of dairy products; "(B) make recommendations to the Secretary regarding such plans and projects; "(C) administer the order in accordance with its terms n > and provisions; "(D) m a k e rules and regulations to effectuate the term s Regulations. and provisions of the order; "(E) receive, investigate, and report to the Secretary Report. complaints of violations of the order; "(F) recommend to the Secretary amendments to the order; "(G) enter into agreements, with the approval of the Secretary, for the conduct of activities authorized under the order and for payment of the cost of such activities with any monies in the Fund other than monies appropriated or transferred by the Secretary to the Fund; "(H) with the approval of the Secretary, establish advisory committees composed of individuals other than members of the board, and pay the necessary and reasonable expenses and fees of the members of such committees; and (I) with the approval of the Secretary, appoint or employ such persons, other than members of the board, as the

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 99 STAT. 1370

PUBLIC LAW 99-198—DEC. 23, 1985

board deems necessary and define the duties and determine the compensation of each; "(3) specify the duties of the board, including the duties to— "(A) develop, and submit to the Secretary for approval before implementation, any research plan or project to be carried out under this subtitle; "(B) submit to the Secretary for approval, budgets, on a fiscal year basis, of the board's anticipated expenses and disbursements in the administration of the order, including > projected costs of carrying out dairy products research plans and projects; Report. t "(C) prepare and make public, at least annually, a report of the board's activities and an accounting for funds received and expended by the board; Records. "(D) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the 1 Secretary may prescribe; Reports. "(E) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and "(F) account for the receipt and disbursement of all funds entrusted to the board; "(4) prohibit any monies received under this subtitle by the • board to be used in any manner for the purpose of influencing governmental policy or actions, except as provided in paragraph (2)(F); and Records. "(5) require that each person receiving tnilk from producers Reports. for commercial use and any person marketing milk of that person's own production directly to consumers maintain and make available for inspection by the Secretary such books and records as may be required by the order and file with the Secretary reports at the time, in the manner, and having the content prescribed by the order. "(b) Any agreement made under subsection (a)(2)(G) shall provide that— "(1) the person with whom such agreement is made shall develop and submit to the board a research plan or project together with a budget that shows estimated costs to be incurred to carry out such plan or project; "(2) such plan or project shall become effective on the apEffective date. proval of the Secretary; and "(3) such person shall keep accurate records of all of its Records. Reports. transactions, account for funds received and expended, make periodic reports to the board of activities conducted to carry out such plan or project, and submit such other reports as the Secretary or the board may require. Records. "(c)(1) Information, books, and records made available to, and Reports. reports filed with, the Secretary under subsection (a)(6) shall be kept confidential by all officers and employees of the Department, except that such information, books, records, and reports as the Secretary deems relevant may be disclosed by such officers and employees in any suit or administrative proceeding that is brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party, and that involves the order issued under Ante, p. 1369. section 132(b). Prohibition. "(2) Paragraph (1) shall not be construed to prohibit— Records. "(A) the issuance of general statements, based on such Reports. information, books, records, and reports, of the number of per-

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1371

sons subject to the order or of statistical data collected from such persons if such statements do not specifically identify the data furnished by any one of such persons; or i "(B) the publication, at the 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. "(3) No information obtained under the authority of this section may be made available to any agency, officer, or employee of the United States for any purpose other than the implementation of this subtitle and any investigatory or enforcement action necessary to implement this subtitle. Any person who violates this paragraph shall be subject to a fine of not more than $1,000, or to impriso'nment for not more than one year, or both, and, if such person is employed by the board or the Department, shall be terminated from such employment. -f - i y

"PETITION AND REVIEW; ENFORCEMENT; INVESTIGATIONS

Prohibition. Government organization and employees.

IIM

"SEC. 134. The provisions of sections 118, 119, and 120 shall apply, 7 USC 4535. except when inconsistent with this subtitle, to the Institute, the 7 USC board, the persons subject to the order issued under section 132(b), 4509-4511. Ante, p. 1369. the jurisdiction of district courts of the United States, and the authority of the Secretary under this subtitle in the same manner as such sections apply with respect to subtitle B. "DAIRY RESEARCH TRUST FUND

"SEC. 135. (a) There may be established in the Treasury of the United States a trust fund to be known as the 'Dairy Research Trust Fund' if the Institute is established under section 131 and a dairy products research order issued under section 132 is effective during such fiscal year. "(b)(1) There is authorized to be appropriated to the Fund or transferred from moneys available to the Commodity Credit Corporation for deposit in the Fund, $100,000,000. "(2) Moneys deposited in the Fund under paragraph (1) shall be invested by the Secretary of the Treasury 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 United States. Interest, dividends, and other pa3mients that accrue from such investments shall be deposited in the Fund and also shall be so invested, subject to subsection (c). "(c) Moneys in the Fund, other than moneys appropriated or transferred under paragraph (1) of subsection (b), shall be available to the board, in such amounts, and for such activities authorized by this subtitle, as the Secretary may approve.

7 USC 4536. Ante, p. 1368.

Banks and banking.

"TERMINATION OF ORDER, INSTITUTE, AND FUND

"SEC. 136. (a) The Secretary, whenever the Secretary finds that 7 USC 4537. the order issued under this subtitle or any provision of such order obstructs or does not tend to facilitate the expansion of markets for milk and dairy products marketed in the United States, shall terminate or suspend the operation of the order or such provision.

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 99 STAT. 1372

PUBLIC LAW 99-198—DEC. 23, 1985

"(b) If the Secretary terminates the order, the Institute shall be dissolved 180 days after the termination of the order. "(c) If the Institute is dissolved for any reason, the moneys remaining in the Fund shall be disposed of as shall be agreed to by the board and the Secretary.. .,.,,-. "ADDITIONAL AUTHORITY

Prohibition. 7 USC 4538.

Ante, p. 1369.

"SEC. 137. (a) No provision of this subtitle shall be construed to preempt or supersede any other program relating to milk or dairy products research organized and operated under the laws of the United States or any State. "(b) The provisions of this subtitle applicable to the order issued under section 132(b) shall be applicable to any amendment to the order.". <;'• Subtitle C—Milk Marketing Orders MINIMUM ADJUSTMENTS TO PRICES FOR FLUID MILK UNDER MARKETING ORDERS

7 USC 674.

Ante, p. 1354.

SEC. 131. (a) Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: "Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), the minimum aggregate amount of the adjustments, under clauses (1) and (2) of the preceding sentence, to prices for milk of the highest use classification under orders that are in effect under this section on the date of the enactment of the Food Security Act of 1985 shall be as follows: 03'

"Marketing Area Subject to Order New England ^ New York-New Jersey Middle Atlantic Georgia Alabama-West Florida Upper Florida Tampa Bay Southeastern Florida Michigan Upper Peninsula Southern Michigan Eastern Ohio-Western Pennsylvania Ohio Valley Indiana Chicago Regional Central Illinois Southern Illinois Louisville-Lexington-Evansville Upper Midwest Eastern South Dakota Black Hills, South Dakota Iowa Nebraska-Western Iowa T? ^fttj r Greater Kansas City Tennessee Valley Nashville, Tennessee Paducah, Kentucky Memphis, Tennessee Central Arkansas

Minimum Aggregate Dollar Amount of Such Adjustments Per Hundredweight of Milk Having 3.5 Percent Milkfat $3.24 3.14 ^ 3.03 3.08 3.08 3.58 3.88 4.18 i. 1.35 ' 1.75 1.95 2.04 2.00 1,40 1.61 ' 1.92 2.11 1.20 1.50 2.05 1.55 1.75 1.92 2.77,, 2.52 2.39 2.77 • • 2.77

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 99 STAT. 1373

PUBLIC LAW 99-198—DEC. 23, 1985

•

Fort Smith, Arkansas Southwest Plains Texas Panhandle Lubbock-Plainview, Texas Texas Greater Louisiana New Orleans-Mississippi Eastern Colorado Western Colorado Southwestern Idaho-Eastern Oregon Great Basin Lake Mead Central Arizona Rio Grande Valley Puget Sound-Inland Oregon-Washington

2.77 2.77 2.49 2.49 3.28 3.28 3.85 2.73 2.00 1.50 1.90 1.60 2.52 2.35 1.85 1.95

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Effective at the beginning of such two-year period, the minimum prices for milk of the highest use classification shall be adjusted for the locations at which delivery of such milk is made to such handlers.". (b) The amendment made by this section shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act.

Effective date. 7 USC 608c note.

ADJUSTMENTS FOR SEASONAL PRODUCTION; HEARINGS ON AMENDMENTS; DETERMINATION OF MILK PRICES

'

SEC. 132. Section 101(b) of the Agriculture and Food Act of 1981 (7 U.S.C. 608c note) is amended by striking out "1985" and inserting in lieu thereof "1990". - *r

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M A R K E T W I D E SERVICE P A Y M E N T S

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SEC. 133. Effective January 1, 1986, section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end thereof the following: "(J) Providing for the payment, from the total sums payable by all handlers for milk (irrespective of the use classification of such milk) and before computing uniform prices under paragraph (A) and making adjustments in payments under paragraph (C), to handlers that are cooperative marketing associations described in paragraph (F) and to handlers with respect to which adjustments in payments are made under paragraph (C), for services of marketwide benefit, including but not limited to— "(i) providing facilities to furnish additional supplies of milk needed by handlers and to handle and dispose of milk supplies in excess of quantities needed by handlers; "(ii) handling on specific days quantities of milk that exceed the quantities needed by handlers; and ' "(iii) transporting milk from one location to another for the ' purpose of fulfilling requirements for milk of a higher use classification or for providing a market outlet for milk of any use classification.".

Effective date. Ante, p. 1372. 7 USC 674.

STATUS OF PRODUCER HANDLERS

SEC. 134. The legal status of producer handlers of milk under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937,

7 USC 674.

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 99 STAT. 1374

PUBLIC LAW 99-198—DEC. 23, 1985

shall be the same after the amendments made by this title take effect as it was before the effective date of such amendments. Subtitle D—National Commission on Dairy Policy FINDINGS AND DECLARATION OF POLICY

7 USC 1446 note.

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SEC. 141. (a) Congress finds that— (1) the Federal program established to support the price of milk marketed by producers in the United States was created to provide price and income protection for milk producers as well as to assure consumers of an adequate supply of milk and dairy products at reasonable prices; (2) the milk production industry in the United States is composed primarily of small- and medium-sized family farm operations; (3) consumers in the United States benefit financially from a milk price support program that prohibits large fluctuations in the price and supply of milk and dairy products; (4) consumers in the United States also benefit financiedly from the current structure of the domestic milk production industry; and (5) the Office of Technology Assessment, in its report entitled "Technology, Public Policy, and the Changing Structure of American Agriculture", found that larger milk production operations already enjoy a major advantage in the production of milk and that, under current Federal policy, the development and use of new technologies will permit a continued trend toward fewer and larger milk production operations throughout the country. (b) It is hereby declared to be the policy of Congress to respond to the development of new technologies in the domestic milk production industry by reviewing the present milk price support program and its alternatives, and by adopting such policies as are needed to prevent significant surplus production in the future while ensuring that the current small- and medium-sized family farm structure of such industry will be preserved for new generations of producers and consumers alike. '*

7 USC 1446 note.

ESTABLISHMENT OF COMMISSION

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S E C 142. (a) There is hereby established a National Commission on Daily Policy, which shall study and make recommendations concerning the future operation of the Federal program established to support the price of milk marketed by producers in the United States. (b) The Commission shall be composed of eighteen members who are engaged in the commercial production of milk in the United States, to be appointed by the Secretary of Agriculture. Not fewer than twelve members shall be appointed from nominations submitted to the Secretary by the following Members of Congress, after consultation with the other Members of Congress who sit on the specified committee of the respective House of Congress: (1) The Chairman of the Committee on Agriculture of the '; House of Representatives. •« (2) The ranking minority member of the Committee on Agriy culture of the House of Representatives.

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99 STAT. 1375

(3) The Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate. (4) The ranking minority member of the Committee on Agriculture, Nutrition, and Forestry of the Senate. Each such Member of Congress shall make not fewer than eighteen such nominations for appointment to the Commission, but not more than two such nominations for any particular vacancy on the Commission. The Secretary shall appoint not fewer than three individuals from among the nominations submitted by each such Member of Congress. Each member of the Commission shall represent a milk-producing region of the United States. A region may be made up of more than one State and may be represented by more than one member of the Commission. In making such appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of milk production volume throughout the United States. In determining geographical representation, whole States shall be considered as a unit. (c) A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (d) The Commission shall elect a chairman from among the members of the Commission. (e) The Commission shall meet at the call of the chairman or a majority of the members of the Commission. aO STUDY AND RECOMMENDATIONS SEC.

143. (a) The National Commission on Dairy Policy shall

study(1) the current Federal price support program for milk; (2) alternatives to such program; (3) the future functioning of such program; (4) new technologies that will become a part of the milk production industry before the end of this century; (5) the effect that developing technologies will have on surplus milk production; and (6) the future structure of the milk production industry. In conducting such study, the Commission shall consider, among other things, how effective the current Federal price support program for milk will be in preventing significant surpluses of dairy products in the future, how well such program will respond to the challenges to the family farm structure of the milk production industry created by developing technologies, and whether or not a better response to those challenges could be achieved through modifications or revisions of current Federal policy. (b) On the basis of its study, the Commission shall make findings and develop recommendations for consideration by the Secretary of Agriculture and Congress with respect to the future operation of the Federal price support program for milk. (c) The Commission shall submit to the Secretary of Agriculture and Congress, not later than March 31, 1987, a report containing the results of its study and recommendations based on such results.

Science and technology. 7 USC 1446 note.

Report.

ADMINISTRATION

SEC. 144. (a) The heads of executive agencies, the General Accounting Office, the Office of Technology Assessment, and the Congressional Budget Office, to the extent permitted by law, shall

7 USC 1446 "o^e.

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