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Page:United States Statutes at Large Volume 91.djvu/1053

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1019

tion under any provision of this title because of a failure to satisfy requirements of this title or regulations issued under it, the Secretary shall withhold such amounts, the facts and reasons concerning the determination and withholding shall be reported to the President, and the amount involved shall be deposited in the miscellaneous receipts of the Treasury. AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTRATIVE REQUIREMENTS

SEC. 1469. Except as provided elsewhere in this Act or any other 7 USC 3315. Act of Congress—• (1) assistance provided under this title shall be subject to the provisions of sections 2(e), 2(f), and 2(h) of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i), as amended by section 1414 of this title; (2) the Secretary shall provide that each recipient of assistance under this title shall submit an annual report, at such times and on such forms as the Secretary shall prescribe, stating the accomplishments of projects (on a project-by-project basis) for which such assistance was used and accounting for the use of all such assistance. If the Secretary determines that any portion, of funds Lost or made available under this title has been lost or applied in a man- misapplied funds, ner inconsistent with the provisions of this title or regulations issued thereunder the recipient of such funds shall reimburse the Federal Government for the funds lost or so applied, and the Secretary shall not make available to such recipient any additional funds under this Act until the recipient has so reimbursed the Federal Government; (3) three per centum of the appropriations shall be retained by the Secretary for the administration of the programs authorized under this title; and (4) the Secretary shall establish appropriate criteria for grant and assistance approval and necessary regulations pertaining thereto. -..: i RULES AND REGULATIONS

SEC. 1470. The Secretary is authorized to issue such rules and regu- 7 USC 3316. lations as the Secretary deems necessary to carry out the provisions of this title. TITLE XV—RURAL DEVELOPMENT AND CONSERVATION AGRICULTURAL CONSERVATION PROGRAM

SEC. 1501. (a) Section of the Soil Conservation and Domestic Allotment Act (49 Stat 1149, as amended; 16 U.S.C. 590h) is amended by— (1) striking out the first three sentences of subsection (b) and inserting in lieu thereof the following: "The Secretary is authorized to carry out the policy and purposes specified in section 7(a) of this Act by providing financial assistance to agricultural producers for carrying out enduring conservation and environmental enhancement measures. Eligibility for financial assistance shall be based upon the existence of a conservation or environmental prob-

Conservation and environmental assistance.

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Page:United States Statutes at Large Volume 91.djvu/1054

 91 STAT. 1020

42 USC 4321 note.

Funds, apportionment.

Funds for longterm agreements.

PUBLIC LAW 95-113—SEPT. 29, 1977 lem which reduces the productive capacity of the Nation's land and water resources or causes degradation of environmental quality. "The amount of financial assistance to be provided shall be that portion of the cost of installing conservation and environmental enhancement measures which the Secretary determines is necessary. In determining the level of payment, consideration will be given to (A) the amount of expected conservation or environmental benefit accruing to society, (B) the total cost of carrying out the needed measures, (C) the degree to which appropriate conservation or pollution abatement practices will be applied in the absence of financial assistance, and (D) in order to avoid duplication of assistance, the degree to which the agricultural producer benefits from other public programs for conservation and environmental enhancement. "The Secretary, in formulating the national program, shall take into consideration (A) the need to control erosion and sedimentation from agricultural land and to conserve the water resources on such land, (B) the need to control pollution from animal wastes, (C) the need to facilitate sound resources management systems through soil and water conservation, (D) the need to encourage voluntary compliance by agricultural producers with Federal and State requirements to solve point and nonpoint sources of pollution, (E) national priorities reflected in the National Environmental Policy Act of 1969 and other congressional and administrative actions, (F) the degree to which the measures contribute to the national objective of assuring a continuous supply of food and fiber necessary for the maintenance of a strong and healthy people and economy, and (G) the type of conservation measures needed to improve water quality in rural America."; (2) designating as a separate paragraph that portion of the first paragraph of subsection (b) not amended by paragraph (1) of this subsection; and (3] striking out the first three paragraphs of subsection (e) and inserting in lieu thereof the following: "Payments made by the Secretary under subsection (b) of this section to agricultural producers shall be divided among landlords, tenants, and sharecroppers in proportion to the extent such landlords, tenants, and sharecroppers contribute to the cost of carrying out the conservation or environmental enhancement measures. The maximum payment which may be made to any person shall be determined by the Secretary.", (b) Section 15 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151, as amended; 16 U.S.C. 590o) is amended by— (1) adding at the end of the first sentence three new sentences as follows: "The amount appropriated shall be available until expended. A specified amount or percentage of the appropriation shall be designated for long-term agreements based on farm and ranch conservation plans approved by local conservation districts, where such districts are organized. The Secretary shall distribute the funds available for financial assistance among the several States in accordance with their conservation needs, as determined by the Secretary."; and (2) striking out the second paragraph.

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Page:United States Statutes at Large Volume 91.djvu/1055

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1021

INCLUSION OF AQUACULTURE AND H U M A N NUTRITION AMONG THE BASIC FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE

SEC. 1502. (a) Section 520 of the Revised Statutes, as amended (7 U.S.C. 2201), is amended by striking out "agriculture and rural development" and inserting in lieu thereof "agriculture, rural development, aquaculture, and human nutrition.". (b) Subsection (a) of section 526 of the Revised Statutes, as amended (7 U.S.C. 2204(a)), is amended by striking out "agriculture and rural development" and inserting in lieu thereof "agriculture, rural development, aquaculture, and human nutrition". AQUACULTURE LOAN AUTHORITY

SEC. 1503. (a) Section 32(e) of title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 526, as amended; 7 U.S.C. 1011(e)) is amended by— (1) inserting immediately after "land utilization" the following: "or plans for the conservation, development, and utilization of water for aquacultural purposes"; and (2) inserting immediately before the second sentence a new "Aquaculture." sentence as follows: "As used in this subsection, the term 'aquaculture' means the culture or husbandry of aquatic animals or plants.", (b) Section 310B(a) of subtitle A of the Consolidated Farm and Rural Development Act (86 Stat. 663; 7 U.S.C. 1932(a)) is amended by— (1) striking out the period at the end of the first sentence and inserting in lieu thereof the following: ", and the conservation, development, and utilization of water for aquaculture pur" poses."; and (2) adding at the end thereof a new sentence as follows: "As "Aquaculture." used in this subsection, the term 'aquaculture' means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish.". ~ DISPOSITION OF E X C E S S FEDERAL PROPERTY TO RURAL FIRE FORCES

SEC. 1504. Section 402 of the Rural Development Act of 1972 (86 Stat. 670; 7 U.S.C. 2652) is amended by inserting " (a) " before the first sentence and adding at the end thereof new subsections (b) and (c) as follows: _ _ "(b) The Secretary, with cooperation and assistance from the Administrator of the General Services Administration, shall encourage the use of excess personal property (within the meaning of the Federal Property and Administrative Services Act of 1949) by rural 40 USC 471 note fire forces receiving assistance under this title. "(c) To promote maximum program effectiveness and economy, the Secretary shall closely coordinate the assistance provided under this title with assistance provided under other fire protection and rural development programs administered by the Secretary.". RURAL COMMUNITY FIRE PROTECTION PROGRAM

SEC. 1505. Section 404 of the Rural Development Act of 1972 Appropriation (86 Stat. 671, as amended; 7 U.S.C. 2654) is amended by adding at the «"**'«"^***°"end thereof a new sentence as follows: "There is further authorized

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Page:United States Statutes at Large Volume 91.djvu/1056

 91 STAT. 1022

PUBLIC LAW 95-113—SEPT. 29, 1977 to be appropriated to carry out the provisions of this title not to exceed $7,000,000 for each of the fiscal years ending September 30, 1978, September 30, 1979, and September 30, 1980.". CONGRESSIONAL APPROVAL OF WATERSHED PROTECTION AND FLOOD PREVENTION PROJECTS

SEC. 1506. The Watershed Protection and Flood Prevention (68 Stat. 666, as amended) is amended as follows: (a) Section 2 (16 U.S.C. 1002) is amended by striking "$250,000" and inserting in lieu thereof "$1,000,000". (b) Section 5(3) (16 U.S.C. 1005(3)) is amended by striking "$250,000" and inserting in lieu thereof "$1,000,000". (c) Section 5(4) (16 U.S.C. 1005(4)) is amended by striking "$250,000" and inserting in lieu thereof "$1,000,000".

Act out out out

CONGRESSIONAL APPROVAL OF RESOURCE CONSERVATION AND DEVELOPMENT PROJECT LOANS

SEC. 1507. The third sentence of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, as amended; 7 U.S.C. 1011(e)) is amended by striking out "$250,000" and inserting in lieu thereof "$500,000". WATERSHED LOAN AUTHORITY

SEC. 1508. The last sentence of section 8 of the Watershed Protection and Flood Prevention Act (70 Stat. 1090, as amended; 16 U.S.C. 1006a) is amended by striking out "five million dollars" and inserting in lieu thereof "$10,000,000". MULTIYEAR SET-ASIDE

SEC. 1509. Section 1005 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (87 Stat. 243; 16 U.S.C. 1505) is amended by— (1) striking out "1977" and inserting in lieu thereof "1981"; (2) striking out "1978" and inserting in lieu thereof "1982"; and (3) amending the fourth sentence to read as follows: "Grazing of livestock under this section shall be prohibited, except in areas of a major disaster as determined by the President if the Secretary finds there is a need therefor, as a result of such disaster.". AUTHORITY TO M A K E DEFERRED LOAN PAYMENTS

SEC. 1510. The Consolidated Farm and Rural Development Act (75 Stat. 307, as amended) is amended as follows: (a) Section 309 (7 U.S.C. 1929) is amended by adding in subsection (f)(3) between the words "any" and "defaulted" the words "deferred or". (b) Section 309A (7 U.S.C. 1929a) is amended by adding in subsection (g)(3) between the words "any" and "defaulted" the words "deferred or". CRITICAL LANDS RESOURCE CONSERVATION PROGRAM

16 USC 590q-3.

SEC. 1511. Notwithstanding any other provision of law— (a) The Secretary of Agriculture is authorized to formulate and carry out a program with owners and operators of land in the Great

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Page:United States Statutes at Large Volume 91.djvu/1057

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1023

Plains area as described in section 16(b) of the Soil Conservation and Domestic Allotment Act (49 Stat. 1151, as amended; 16 U.S.C. 590p(b)) to reduce runoff, soil and water erosion, and otherwise to promote the conservation of soil and water resources in such area through the conversion of cropland from soil depleting uses to conserving uses including the production of soil conserving cover crops. (b) To effectuate the purposes of the program, the Secretary may ' Agreement, enter into an agreement for a two-year period with an owner or operator as described in subsection (a) Avhereby the owner or operator shall agree to devote to a soil conserving cover crop a specifically designated acreage of cropland on the farm up to 50 per centum of the acreage which had been planted to any soil depleting crop or crops in any of the two years preceding the date of the agreement. The agreement shall be renewable for annual periods thereafter subject to the mutual agreement of the owner or operator and the Secretary. In such agreement, the owner or operator shall agree (1) to plant a legume, or if not adapted to such area, an annual, biennial, or a perennial cover crop, as specified in the agreement; (2) to divert from production such portion of one or more crops designated by the Secretary as the Secretary determines necessary to effectuate the purpose of the program; (3) not to harvest any crop from or graze the designated acreage during the agreement period, unless the Secretary determines that it is necessary to permit grazing or harvesting in order to alleviate damage, hardship, or suffering caused by severe drought, flood, or other natural disaster, and consents to such grazing or harvesting subject to an appropriate reduction in the rate of payment; (4) to give adequate assurance, as specified by the Secretary, that the land was not acquired for the purpose of placing it in the program: Provided, That the foregoing provision shall not prohibit the continuation of an agreement by a new owner if an agreement has once been entered into under this section nor prevent an owner or operator from placing a farm in the program if the farm was acquired by the owner to replace an eligible farm from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain; (5) to forfeit all rights to further payments under the agreement and refund to the United States all payments received thereunder upon his violation of the agreement at any stage during the time he has control of the land if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if the Secretary determines that the violation by the owner or operator does not warrant termination of the agreement; (6) upon transfer of his right and interest in the farm, during the agreement period, to forfeit all rights to further payments under the a^eement and refund to the United States all payments received thereunder unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement; (7) not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and (8) to such additional provisions as the Secretary determines are desirable to effectuate the purposes of the program or to facilitate the practical administration of the program, including such measures as the Secretary may deem appropriate to keep the designated acreage from eroding and free from weeds and rodents in accordance with good conservation systems. (c) In consideration for such agreement, the Secretary shall make Annual annual adjustment payments to the owner or operator for the period of adjustment payments.

29-194 0

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Page:United States Statutes at Large Volume 91.djvu/1058

 91 STAT. 1024

Termination.

Regulations.

Federal and nonFederal offices, utilization.

Program payments.

Tenants and sharecroppers. Regulations. Appropriation authorization. Commodity Credit Corporation, utilization.

PUBLIC LAW 95-113—SEPT. 29, 1977 the agreement at such rate or rates not in excess of $30 per acre as the Secretary determines to be fair and reasonable. The Secretary may use an advertising and bid procedure in determining the lands in any area to be covered by agreements and the payment rate therefor. The Secretary and the owner or operator may agree that the annual adjustment payments for the agreement period shall be made either upon approval of the agreement or in such installments as they may agree to be desirable: Provided, That for each year any annual adjustment payment is made in advance of performance, the annual adjustment payment shall be reduced by 5 per centum. (d) The Secretary may terminate any agreement under the program, by mutual agreement with the owner or operator, if the Secretary determines that such termination would be in the public interest, and may agree with the owner or operator to such modification of agreements as the Secretary may determine to be desirable to carry out the purposes of the program or facilitate its administration, (e) The Secretary may, to the extent the Secretary deems it desirable, provide by appropriate regulations for preservation of cropland, crop acreage, and allotment history applicable to acreage diverted from the production of crops to establish vegetative cover for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation or for participation in such program. (f) In carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 8 of the Soil Conservation and Domestic Allotment Act (49 Stat. 1149, as amended; 16 U.S.C. 5901i) and the technical services of the Soil Conservation Service and soil and water conservation districts. (g) In case any producer who is entitled to any payment under the program dies, becomes incompetent, or disappears before receiving such payment, or is succeeded by another who renders or completes the required performance, the payment shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable. (h) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under the program. (i) The Secretary shall prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section. (j) There are hereby authorized to be appropriated for the period beginning October 1, 1977, and ending September 30, 1981, such sums as may be necessary to carry out the program provided for in this section. The Secretary is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation in discharging the Secretary's functions and responsibilities under the program, including payment of costs of administration: Provided, That the Commodity Credit Corporation shall not make any expenditures for such purposes unless the Corporation has received funds to cover such expenditures from appropriations made to carry out this section. TITLE XVI—FEDERAL GRAIN INSPECTION RECORDS

Record maintenance.

SEC. 1601. Section 12(d) of the United States Grain Standards Act (90 Stat. 2882; 7 U.S.C. 87a(d)) is amended by striking out "shall, within the five-year period thereafter, maintain complete and accurate records of purchases, sales, transportation, storage, weighing, han-

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Page:United States Statutes at Large Volume 91.djvu/1059

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1025

dling, treating, cleaning, drying, blending, and other processing, and official inspection and official weighing of grain," and inserting in lieu thereof the following: "shall maintain such complete and accurate records for such period of time as the Administrator may, by regulation, prescribe for the purpose of the administration and enforcement of this Act,". SUPERVISION FEES

SEC. 1602. (a) Section 7(j) of the United States Grain Standards Act (90 Stat. 2873; 7 U.S.C. 79(j)) is amended to read as follows: " (j) The Administrator shall, under such regulations as the Admin- Inspection costs, istrator may prescribe, charge and collect reasonable fees to cover the estimated cost of official inspection except when the official inspection is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Service incident to its performance of official inspection services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.". (b) Section 7A(1) of the United States Grain Standards Act (90 Stat. 2877; 7 U.S.C. 79a(1)) is amended to read as follows: " (1) The Administrator shall, under such regulations as the Admin- Weighing costs, istrator may prescribe, charge and collect reasonable fees to cover the estimated costs of official weighing and supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, as nearly as practicable, cover the costs of the Service incident to its performance of official weighing and supervision of weighing services in the United States and on United States grain in Canadian ports, excluding administrative and supervisory costs. Such fees shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Service incident to providing services under this Act.". (c) Section 21 of the United States Grain Standards Act of 1976 (90 Stat. 2886) is amended by striking out "those Federal administra- 7 USC 87h. tive and supervisory costs incurred within the Service's Washington office or not directly related to the official inspection or the provision of weighing services for grain" and inserting in lieu thereof the following: "Federal administrative and supervisory costs related to the official inspection or the provision of weighing services for grain". (d) Section 27 of the United States Grain Standards Act of 1976 (90 Stat. 2889) is amended by striking out ", who pays fees when due, Post, pp. 1030, in the same manner as prescribed in section 7 or 7A of the United 1031. 7 USC 74 note. States Grain Standards Act, as amended by this Act,". ESTABLISHMENT OF TEMPORARY ADVISORY COMMITTEE

SEC. 1603. (a) In order to assure the normal movement of grain in 7 USC 75a note, an orderly and timely manner, the Secretary of Agriculture shall establish a temporary advison^ committee to provide advice to the Administrator of the Federal Grain Inspection Service with respect to the

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Page:United States Statutes at Large Volume 91.djvu/1060

 91 STAT. 1026 7 USC 71 note. Membership.

Clerical assistance. Travel expenses.

Termination. Appropriation authorization.

PUBLIC LAW 95-113—SEPT. 29, 1977 implementation of the United States Grain Standards Act of 1976. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of grain producers, consumers, and all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisoir committee shall be appointed not later than thirty days after the date of enactment of this Act. (b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act. (c) The Administrator of the Federal Grain Inspection Service shall provide the advisory committee with necessary clerical assistance and staff personnel. (d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code. (e) The advisory committee shall terminate eighteen months after the date of enactment of this Act. (f) There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this section. TECHNICAL AMENDMENTS

7 USC 75. "Official agency."

7 USC 79. 7 USC 79a.

"Supervision of weighing."

Delegation of authority. 7 USC 75a.

5 USC 5332 note.

SEC. 1604. The United States Grain Standards Act (39 Stat. 482485, as amended; 7 U.S.C. 71, 74^-79, 79a and 79b, 84-87, and 87a-87h) is amended as follows: (a) Section 3 is amended by— (1) striking out "grain sorghum" in subsection (g) and inserting in lieu thereof "sorghum"; (2) amending subsection (m) to read as follows: "(m) the term 'official agency' means any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);"; (3) inserting "for" immediately after "under standards provided" in subsection (x); and (4) amending subsection (y) to read as follows: " (y) the term 'supervision of weighing' means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;". (b) Section 3A is amended by adding at the end thereof the following: "The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 16 of the General Schedule, in the Service.".

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Page:United States Statutes at Large Volume 91.djvu/1061

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1027

(c) Section 4(a) is amended by— ^ 7 USC 76. (1) striking out "grain sorghum" and inserting in lieu thereof "sorghum"; (2) inserting a comma after "equipment calibration and maintenance"; and (3) inserting "or procedures" after "(2) standards" and after "revoke such standards" and striking out "procedures" after "weight certification". (d) Section 7 is amended by— 7 USC 79. (1) designating the third sentence in paragaph (2) of subsection (e) as paragraph (4) of subsection (e) and inserting it at the end of subsection (e); (2) amending subsection (f) by— (A) in the first sentence of paragraph (2), inserting "or State delegated authority pursuant to subsection (e)(2) of this section" immediately after "Not more than one official agency", inserting "inspection" immediately before "provisions of this Act", and striking out ", but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968"; (B) striking out "No" in the second sentence of paragraph (2) and inserting in lieu thereof "Except as authorized by the Administrator, no"; (C) designating the second sentence of paragraph (2) as paragraph (3) of subsection (f); and (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f); (3) striking out "subsections (e) and (f) " in paragraph (1) of subsection (g) and inserting in lieu thereof "subsection (f) "; and (4) adding at the end of subsection (i) a new sentence as follows: "All or specified functions of such inspections shall be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.". (e) Section 7A is amended by— 7 USC 79a (1) in subsection (b), inserting "official weighing or" immediately after "The Administrator is authorized to cause" and inserting "at export elevators" immediately after "located other than"; (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting "or supervision of weighing" immediately after "to delegate authority to perform official weighing", inserting "official weighing or" immediately before "supervision of weighing, if such agency or person qualifies", and striking out "number" and inserting in lieu thereof "under"; (B) in clause (A) of the second sentence, striking out "at export elevators", and inserting "or supervision of weighing" immediately after "official weighing"; and (C) inserting "official weighing or" immediately before "supervision of weighing" wherever this phrase appears in clause (B) of the second sentence; (3) adding at the end of subsection (d) a new sentence as follows: "All or specified functions of such weighing shall be performed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.";

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Page:United States Statutes at Large Volume 91.djvu/1062

 91 STAT. 1028

7 USC 74.. 7 USC 79b.

Regulations.

7 USC 79. 7 USC 84.

eompensation.

7 USC 87.

PUBLIC LAW 95-113—SEPT. 29, 1977 (4) striking out the second sentence of subsection (e); (5) amending subsection (f) by—• (A) in clause (2), striking out "employ" and inserting in lieu thereof "permit", and inserting "and who are approved by the Administrator" immediately before "to operate the scales"; and (B) in clause (3), striking out "employees of the facility" and inserting in lieu thereof "persons other than official inspection personnel", and striking out "employees to operate" and inserting in lieu thereof "such persons to operate"; (6) inserting "or supervision of weighing" immediately after "official weighing" in subsection (g); (7) inserting "or local governmental agency" immediately after "No State" in subsection (i); and (8) adding at the end of subsection (i) a new sentence as follows: "Not more than one official agency or State delegated authority pursuant to subsection (c)(2) of this section for carrying out the weighing provisions of this Act Shall be operaJtive ait one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 2 of this Act.". (f) Section 7B is amended by— (1) inserting "for the purpose of official inspection, official weighing, or supervision of weighing" immediately before "of grain located at all grain elevators" in subsection (a); (2) at the end of subsection (a), inserting "Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be deposited into the fund created by section 7(j) of this Act."; and (3) inserting "for the purposes of this Act" immediately after "no person shall use" in subsection (c). (g) Section 8 is amended by— (1) amending subsection (a) by— (A) inserting ", other than appeal weighing," immediately after "supervision of weighing" m clause (1); (B) striking out "of grain" in clause (2)(B) and inserting in lieu thereof "(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports"; and (C) in clause (3), inserting "or governmental agency" immediately after "(3) to contract with any person", and striking out "specified sampling and laboratory testing" and inserting in lieu thereof "specified sampling, laboratory testing, and similar technical functions"; and (2) adding at the end of subsection (e) a new sentence as follows: "The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5 of the United States Code.". (h) Section 11 is amended by— (1) inserting "official weighing or" immediately^ before "supervision of weighing" in paragraph (3) of subsection (b); (2) in the first sentence of paragraph (5) of subsection (b), inserting "official weighing or" immediately before "supervision of weighing except", and inserting "director," immediately before "officer, employee,"; and

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 PUBLIC LAW 95-113—SEPT. 29, 1977 (3) inserting "or State agency delegated authority under this Act" immediately after "official agency" in subsection (c). (i) Section 12 is amended by— (1) inserting ", every State agency delegated authority under this Act," immediately after "official agency" wherever this phrase appears in subsections (a), (b), and (c); and (2) striking out "delegate authority of this Act" in subsection (c) and inserting in lieu thereof "delegated authority under this Act". (j) Section 13(a) is amended by— (1) inserting ", or that any weighing service under this Act has been performed with respect to grain" immediately before the semicolon at the end of paragraph (6); (2) striking out in paragraph (11) "5, 6, 7(f)(2), 7A, 7B(c), 8, 11, or 12" and inserting in lieu thereof "5; 6; 7(f)(2), (3), or (4);7A;7B(c);8;ll;12;orl7A"; (3) striking out "testing" in paragraph (12) and inserting in lieu thereof "weighing"; and (4) in paragraph (13), striking out "the grain" and inserting in lieu thereof "grain", and inserting "the" immediately after "observing the loading of". (k) Section 16 is amended by— (1) striking out, in subsection (a), the second sentence and all that follows "or other person;" in the first sentence down through "by the Administrator." and inserting in lieu thereof the following: "and prescribe such rules, regulations, and instructions, as the Administrator deems necessary to effectuate the purposes or provisions of this Act. Such regulations may require, as a condition for official inspection or official weighing or supervision of weighing, among other things, (1) that there be installed specified sampling, handling, weighing, and monitoring equipment in grain elevators, warehouses, and other grain storage or handling facilities, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for the transporting or storing of grain, and (3) that persons having a financial interest in the grain which is to be inspected (or their agents) shall be afforded an opportunity to oJDserve the weighing, loading, and official inspection thereof, under conditions prescribed by the Administrtor."; and (2) striking out "additional" in subsection (f). (1) Section 17A is amended by striking out "All persons registered" in paragraph (1) of subsection (b) and inserting in lieu thereof "All persons required to register". (m) Section 17B is amended in clause (2) of subsection (b) by inserting "notwithstanding the provisions of section 812 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c-3)," immediately after " (2) " and inserting "notice of" immediately after "Administrator or the Secretary of". (n) Section 21 is amended by striking out "SEC. 21" and inserting in lieu thereof "SEC. 19".

91 STAT. 1029

7 USC 87a.

7 usC 87b.

Rules and regulations, 7 USC 87e. '^

.., -

' '•' '^ 7 USC 87f-l. 7 USC 87f-2.

7 USC 87h.

STUDIES o r GRAIN INSPECTION AND W E I G H I N G; EFFECTIVE DATE

SEC. 1605. (a) Section 8(b) of the United States Grain Standards 7 USC 79 note. Act of 1976 (90 Stat. 2874) is amended by— -

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Page:United States Statutes at Large Volume 91.djvu/1064

 91 STAT. 1030

Ante, p. 1025. 7 USC 74 note. Effective date.

PUBLIC LAW 95-113—SEPT. 29, 1977 (1) inserting in paragraph (3) "(which may include the application of statistical tolerances for expected variations)" immediately after ''error rates of such agencies"; (2) striking out in paragraph (4) "eighteen months" and inserting in lieu thereof "thirty months"; and (3) striking out in paragraph (5) "two years" and inserting in lieu thereof "three years". (b) Section 27 of the United States Grain Standards Act of 1976 (90 Stat 2889) is amended by— (1) striking out all that follows "SEC. 27." down through "without a designation under the United States Grain Standards Act, as amended by this Act" and inserting in lieu thereof the following: "This Act shall become effective thirty days after enactment hereof; and thereafter no State or other agency or person shall provide official inspection or official weighing or supervision of weighing under the United States Grain Standards Act, as amended by this Act, at an export port location without a delegation of authority or other authorization under such amended Act, and no agency or person shall provide official inspection service or official weighing or supervision of weighing under such amended Act in any other area without a designation or other authorization under such amended Act"; (2) inserting "or other authorization under such Act" immediately after "may continue to operate in that area without a delegation or designation"; and (3) striking out "and export elevators located at export port locations" in clause (3). MISCELLANEOUS AMENDMENTS

7 USC 75. 7 USC 77. 7 USC 78. 7 USC 79. 7 USC 79a. 7 USC 84. 7 USC 87. 7 USC 87b. 7 USC 87e, ^'*"^-

SEC. 1606. The United States Grain Standards Act is further amended as follows: (a) Section 3(i) is amended by striking out "or, upon request of the interested party applying for inspection, the quantity of sacks of grain,". (I3) Section 5(a) is amended by inserting "or procedures" immediately after "standards" each place it appears therein. ^Q^ Section 6(a) is amended by striking out "factor information" and inserting in lieu thereof "criteria". ^^^ Section 7(b) is amended by striking out "or quantity of sacks of grain,". ^ ^ Section 7A is amended by inserting in subsections (a), (b), and (e) "or procedures" immediately after "standards". ^^^ Section 8(f) is amended by inserting "and weighing" immediately after "integrity of the official inspection". (g) Section 11(b)(4) is amended by inserting "or supervision of weighing" immediately after "official weighing". (h) Section 13(a)(6) is amended by striking out "condition, or quantity" and inserting in lieu thereof "or condition". (j) Sections 16(b) and 17B are amended by striking out "Committee on Agriculture and Forestry" each place these words appear therein and inserting in lieu thereof "Committee on Agriculture, Nutrition, and Forestry". (j) Section 17B(a) is amended by inserting "and weighing" immediately after "inspection".

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Page:United States Statutes at Large Volume 91.djvu/1065

 PUBLIC LAW 95-113—SEPT. 29, 1977 CONFORMING

91 STAT. 1031

AMENDMENTS

SEC. 1607. The United States Grain Standards Act of 1976 (90 Stat. 2874 and 2890) is amended as follows: 7 USC 84. (a) Section 8(b)(4) is amended by striking out "Committee on Agriculture and Forestry" and inserting in lieu thereof "Committee on Agriculture, Nutrition, and Forestry". (b) Section 27 is amended by inserting "or" immediately after the Ante, pp. 1025, 1030. semicolon at the end of clause (2). 7 USC 74 note. RETENTION OF DESIGNATIONS FOLLOWING CONVICTIONS

SEC. 1608. Section 27 of the United States Grain Standards Act of 1976 (90 Stat. 2890) is amended by inserting immediately bfifore the semicolon at the end of clause (2) the following: ": Provided, That the Administrator may allow such affected agency or person to continue to operate in that area if the Administrator determines that such continued operations are necessary or desirable in carrying out the requirements of this Act: Provided further, That the Administrator shall, within 30 days after making such determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate detailing the factual bases for such determination". TITLE XVII—WHEAT AND W H E A T FOODS RESEARCH AND NUTRITION EDUCATION ACT

Report to congressional committees.

Wheat and Wheat Foods Research and Nutrition Education Act.

SHORT TITLE

SEC 1701. This title may be cited as the "Wheat and Wheat Foods Research and Nutrition Education Act".

7 USC 3401 note.

FINDINGS AND DECLARATION OF POLICY

SEC. 1702. (a) Wheat is basic to the American diet and the Amer- 7 tiSe 3401. loan economy. It is ^rown by thousands of farmers and consumed, in various forms, by millions of people in the United States. (b) The size of the American wheat crop and how it is marketed and ultimately consumed determines whether many Americans receive adequate nourishment. Wheat has a strong impact on the Nation's well-being. Additional research on the optimal use of wheat products can improve the American diet. Consumer education about the nutritional value and economic use of wheat products can enhance the national welfare. (c) It has long been recognized that it is in the national interest to have a regular, adequate, and high quality wheat supply. It would be extremely difficult, without an effective coordinated research and nutrition education effort, to accomplish this objective. A programed effort of research and nutrition education is of great importance to wheat producers, processors, end product manufacturers, and consumers. (d) It is the purpose of this title and in the public interest to authorize and enable the creation of an orderly procedure, adequately financed through an assessment, for the development and initiation of an effective and continuous coordinated program of research and nutrition education, designed to improve and enhance the quality, and make the most efficient use, of American wheat, processed wheat, and wheat end products to ensure an adequate diet for the people of the

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 91 STAT. 1032

'•

PUBLIC LAW 95-113—SEPT. 29, 1977 United States. The maximum rate of assessment authorized hereunder represents an infinitesimal proportion of the overall cost of manufacturing wheat end products. Therefore, such assessment will not significantly affect the retail prices of those products. Furthermore, any price effect will be more than offset by the increased efficiency in end product manufacture and increased consumer acceptance, due to nutritional improvements in wheat products, which may be expected to follow from adoption of a plan under this title. Nothing in this title shall be construed to provide for control of production or otherwise limit the right of individual wheat producers to produce wheat. DEFINITIONS

7 USC 3402.

. > -"

SEC. 1703. For the purposes of this title: (a) The term "wheat" means all classes of wheat grains grown in the United States. (b) The term "processed wheat" means the wheat-derived content of any substance (such as cake mix or flour) produced for use as an ingredient of an end product by changing wheat grown within the United States in form or character by any mechanical, chemical, or other means. (c) The term "end product" means any product which contains processed wheat as an ingredient and which is intended, as produced, for consumption as human food, notwithstanding any additional incidental preparation which may be necessary by the ultimate consumer. (d) The term "wheat producer" means any person who grows wheat within the United States for market. (e) The term "processor" means any person who commercially produces processed wheat within the United States. (f) The term "end product manufacturer" means any person who commercially produces an end product within the United States, but such term shall not include such persons to the extent that they produce end products on the premises where such end products are to be consumed by an ultimate consumer, including, but not limited to, hotels, restaurants, and institutions, nor shall such term include persons who produce end products for their own personal, family, or household use. (g) The term "research" means any type of research to advance the nutritional quality, marketability, production, or other qualities of wheat, processed wheat, or end products. (h) The term "nutrition education" means any action to disseminate to the public information resulting from research concerning the economic value or nutritional benefits of wheat, processed wheat, and end products. (i) The term "Council" means the Wheat Industry Council established pursuant to section 1706 of this title. (j) The term "Department" means the United States Department of Agriculture. (k) The term "Secretary" means the Secretary of Agriculture of the United States. (1) The term "person" means any individual, partnership, corporation, association, or other entity. (m) The term "United States" means the several States and the District of Columbia, including any territory or possession.

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Page:United States Statutes at Large Volume 91.djvu/1067

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1033

ISSUANCE OF ORDERS

SEC. 1704. (a) Whenever the Secretary has reason to believe that Notice and the issuance of an order will tend to effectuate the declared policy of hearing. this title, the Secretary shall give due notice and opportunity for hear- 7 USC 3403. ing upon a proposed order. Such hearing may be requested and proposal for an order submitted by an organization certified pursuant to section 1714 of this title, or by any interested person affected by the provisions of this title, including the Secretary. (b) After notice and opportunity for hearing as provided in section 1704(a) of this title, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, upon the evidence introduced at such hearing that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this title. PERMISSIVE TERMS I N ORDERS

SEC. 1705. Any order issued pursuant to this title shall contain one or more of the following terms and conditions, and, except as provided in section 1706 of this title, no others: (a) providing for the establishment, issuance, effectuation, and Nutrition administration of appropriate plans or projects for nutrition educa- education plans. tion, both within the United States and in international markets with 7 USC 3404. respect to wheat, processed wheat, and end products, and for the disbursement of necessary funds for such purposes: Provided, That in carrying out any such plan or project, no reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against wheat, processed wheat, and end products of other persons: Provided further, That no such plans or projects shall make use of unfair or deceptive acts or practices in behalf of wheat, processed wheat, and end products or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product; (b) providing for the establishment and conduct of research or Research and studies with respect to sale, distribution, marketing, utilization, or studies. production of wheat, processed wheat, and end products and the creation of new products thereof to the end that the marketing and utilization of wheat, processed wheat, and end products may be encouraged, expanded, improved, or made more acceptable, and for the disbursement of necessary funds for such purposes; (c) providing that processors, distributors of processed wheat, and Records and end product manufacturers shall maintain and make available for reports. inspection by the Secretary or the Council such books and records as may be required by any order issued pursuant to this title and for the filing of reports by such persons at the time, in the manner, and having the content prescribed by the order, to the end that information shall be made available to the Council and to the Secretary which are appropriate or necessary to the effectuation, administration, or enforcement of this title, or of any order or regulation issued pursuant to this title: Provided, That all information so obtained shall be kept con- Confidential fidential by all officers and employees of the Department, the Council, information. and by all officers and employees of contracting agencies having access to such information, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Sedretary, or to which the Secretary or any officer of the United States i^ a party, and involving the order

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Page:United States Statutes at Large Volume 91.djvu/1068

 91 STAT. 1034

Penalty.

Assessment exemption.

PUBLIG LAW 95-113—SEPT. 29, 1977 with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) the issuance of general statements based upon the reports of the number of persons subject to an order or statistical data collected therefrom, which statements do not identify the information furnished by any person, (2) the publication, by direction of the Secretary, of general statements relating to refunds made by the Council during any specific period, or (3) the publication by direction of the Secretary of the name of any person who has been adjudged to have violated any order, together with a statement of the particular provisions of the order violated by such person. Any such officer or employee of the Department, the Council, or a contracting agency violating the provisions of this clause shall, upon conviction, be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or both, and if an officer or employee of the Council or Department shall be removed from office; (d) providing for exemption of specified end products, or types or categories thereof, from the assessments required to be paid under section 1706 of this title under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder; and (e) terms and conditions incidental to and not inconsistent with the terms and conditions specified in this title and necessary to effectuate the other provisions of such order. REQUIRED TERMS IN ORDERS

7 USC 3405. Wheat Industry Council, establishment and powers.

Term.

Membership.

SEC. 1706. Any order issued pursuant to this title shall contain such terms and conditions as to provide— (a) for the establishment and appointment by the Secretary of a Wheat Industry Council which shall consist of not more than twenty members and alternates therefor, and for the definition of its powers and duties which shall include only the powers enumerated in this section, and shall specifically include the powers to (1) administer such order in accordance with its terms and provisions, (2) make rules and regulations to effectuate the terms and provisions of such order, (3) receive, investigate, and report to the Secretary complaints of violations of such order, and (4) recommend to the Secretary amendments to such order. The term of an appointment to the Council shall be for two years with no member serving more than three consecutive terms, except that initial appointments shall be proportionately for two-year and three-year terms; (b) that the Council and alternates therefor shall be composed of wheat producers or representatives of wheat producers, processors or representatives of processors, end product manufacturers or representatives of end product manufacturers, and consumers or representatives of consumers appointed by the Secretary from nominations submitted by eligible organizations or associations certified pursuant to section 1714 of this title, or, if the Secretary determines that a substantial number of wheat producers, processors, end product manufacturers, or consumers are not members of, or their interests are not represented by any such eligible organizations or associations then from nominations made by such wheat producers, processors, end product manufacturers, and consumers in the manner authorized by the Secretary, so that the representation of wheat producers, processors, end product manufacturers,

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Page:United States Statutes at Large Volume 91.djvu/1069

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1035

and consumers on the Council shall be equal: Provided, That in making such appointments, the Secretary shall take into account, to the extent practicable, the geographical distribution of wheat producers, processors, end product manufacturers, and consumers throughout the United States; (c) that the Council shall, subject to the provisions of clause Research and (g) of this section, develop and submit to the Secretary for nutrition approval any research plans or projects and nutrition education education plans. plans or projects resulting from research, and that any such plan or project must be approved by the Secretary before becoming effective; (d) that the Council shall, subject to the provisions of clause Budgets, (g) of this section, submit to the Secretary for approval budgets submittal to Secretary of on a fiscal period basis of its anticipated expenses and disburse- Agriculture. ments in the administraton of the order, including probable costs of research and nutrition education projects;. (e) that, except as provided in sections 1705(d) and 1707 of End product this title, each end product manufacturer shall pay to the Coun- manufacturers, cil, pursuant to regulations issued under the order, an assess- processed wheat ment based on the number of hundredweights of processed wheat assessment. purchased, including intra-company transfers of processed wheat, for use in the manufacture of end products, from processors, distributors, or (in the case of intra-company transfers) related companies or divisions of the same company. Such assessment shall be used for such expenses and expenditures defined above, including provisions for a reasonable reserve, and any referendum and administrative costs incurred by the Secretary and the Council under this title, as the Secretary finds are reasonable and likely to be incurred under the order during any period specified by the Secretary. The circumstances under which such a purchase or intra-company transfer will be deemed to have occurred will be prescribed by the Secretary in the order. Such assessment shall be calculated and set aside on the books and records of the end product manufacturer at the time of each purchase or intra-company transfer of processed wheat, and shall be remitted to the Council in the manner prescribed by the order. In order to enable end product manufacturers to calculate the amount of processed wheat they have purchased, persons selling or transferring processed wheat in combination with other ingredients to such end product manufacturers for use in the manufacture of end products, shall disclose to such end product manufacturers, as prescribed by the Secretary in the order, the amount or proportion of processed wheat contained in such products. The rate of assess- Assessment, ral;e ment shall not exceed five cents per hundredweight of processed limitation. wheat purchased or transferred. The Secretary may maintain Jurisdiction. a suit against any person subject to such assessment for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy; (f) that the Council shall maintain such books and records, Record which shall be available to the Secretary for inspection and audit, maintenance. and prepare and submit such reports from time to time, to the Secretary as the Secretary may prescribe, and for appropriate accounting by the Council, with respect to the receipt and disbursement of all funds entrusted to it; (g) that the Council, with the approval of the Secretary, may Contracts. enter into contracts or agreements for the development and con-

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Page:United States Statutes at Large Volume 91.djvu/1070

 91 STAT. 1036

Investment of assessment funds.

Lobbying restriction.

Expenses, reimbursement.

PUBLIC LAW 95-113—SEPT. 29, 1977 duct of the activities authorized under the order pursuant to terms and conditions specified in clauses (a) and (b) of section 1705 of this title and for the payment of the cost thereof with funds collected through the assessments pursuant to the order. Any such contract or agreement shall provide that the contractors shall develop and submit to the Council a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, and that any such plan or project shall become effective upon the approval of the Secretary, and further, shall provide that the contracting party shall keep accurate records of all of its transactions and make periodic reports to the Council of activities conducted and an accounting for funds received and expended, and such other reports as the Secretary may require; (h) that the Council, with the approval of the Secretary, may invest, pending disbursement pursuant to a plan or project, funds collected through assessments authorized under this title in, and only in, obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank which is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States; (i) that no funds collected by the Council under the order shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by clause (a)(4) of this section; and (j) that the Council members, and alternates therefor, shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Council. EXEMPTION

7 USC 3406. "Retail baker."

SEC. 1707. Any end product manufacturer who is a retail baker shall be exempt from the provisions of this title. For the purposes of this section, the term "retail baker" shall be deemed to include all end product manufacturers who sell end products directly to the ultimate consumer: Provided, That such term shall not include any end product manufacturer who derives less than 10 per centum of gross end product sales revenues from sales to ultimate consumers or who derives 10 per centum or more of gross food or food products sales revenues from the sale of such products manufactured or produced by others. REQUIREMENT OF REFERENDUM

7 USC 3407.

List of eligible voters, publication.

SEC. 1708. The Secretary shall conduct a referendum as soon as practicable among end product manufacturers not exempt hereunder who, during a representative period preceding the date of the referendum, as determined by the Secretary, have been engaged in the manufacture of end products, for the purpose of ascertaining whether the issuance of an order is approved or favored by such manufacturers. Qualified end product manufacturers may register with the Secretary by mail to vote in such referendum during a period ending not less than thirty days prior to the date of the referendum. Within ten days thereafter, the Secretary shall determine which end product manufacturers are eligible to vote in such referendum and cause to be published the list of such eligible voters. The Secretary shall issue ballots to all such persons who have so registered and been declared eligible to vote. ISTo

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Page:United States Statutes at Large Volume 91.djvu/1071

 PUBLIC LAW 95-113—SEPT. 29, 1977 order issued pursuant to this title shall be eflfective unless the Secretary determines (1) that votes were cast by at least 50 per centum of such registered end product manufacturers, and (2) that the issuance of such order is approved or favored by not less than two-thirds of the end product manufacturers voting in such referendum or by a majority of the end product manufacturers voting in such referendum if such majority manufactured end products containing not less than twothirds of the total processed wheat contained in all end products manufactured by those voting in the referendum, during the representative period defined by the Secretary: Provided, That at the time of the registration provided under this section each end product manufacturer so registering shall certify to the Secretary the amount of processed wheat contained in the end products manufactured by such end product manufacturer during such representative period. The Secretary shall be reimbursed from assessments collected by the Council for any expenses incurred for the conduct of the referendum. Eligible voter lists and ballots cast in the referendum shall be retained by the Secretary for a period of not less than twelve months after they are cast for audit and recount in the event the results of the referendum are challenged and either the Secretary or the courts determine a recount and retabulation of results is appropriate.

91 STAT. 1037

Processed wheat certification.

Voters lists and ballots, retention.

REFUND

SEC. 1709. (a) Subsequent to the approval by the Secretary of the Publication in annual budget of the Council or amendments thereto, a summary of Federal Register. such budget or amendments thereto, including a brief general descrip- 7 USC 3408. tion of the proposed research and nutrition education programs contemplated therein, shall be published in the Federal Register. All end product manufacturers not exempt hereunder shall have sixty days from the date of such publication within which to elect, under such conditions as the Secretary may prescribe, by so indicating to the Council in writing, by registered or certified mail, to reserve the right to seek refunds under subsection (b) of this section. Only those end product manufacturers who make such an election, under the described procedure, shall be eligible for refunds of assessments paid during the one-year period immediately following the expiration of such sixtyday period. (b) Notwithstanding any other provision of this title, any end prod- Refund demands uct manufacturer who has been sulDJect to and has paid an assessment, but who has reserved the right, under subsection (a) of this section, to seek a refund, and who is not in favor of supporting the programs as provided for herein, shall have the right to demand and receive from the Council a refund of such assessment: Provided, That such demand shall be made by such end product manufacturer in accordance with regulations, and on a form and within a time period, prescribed by the Council and approved by the Secretary and upon submission of proof satisfactory to the Council that the end product manufacturer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor. PETITION AND REVIEW

SEC. 1710. (a) Any person subject to any order may file a written 7 USC 3409. petition with the Secretary, stating that any such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or for an exemption therefrom. The petitioner shall thereupon be Hearing.

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Page:United States Statutes at Large Volume 91.djvu/1072

 91 STAT. 1038

Review jurisdiction.

PUBLIC LAW 95-113—SEPT. 29, 1977

given an opportunity for a hearing upon such petition, in accordance with regulations issued by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be nnal, if in accordance with law. (b) The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering a copy of the complaint to the Secretary, If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. ENFORCEMENT

Jurisdiction.

7 USC 3410.

Penalty.

SEC. 1711. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order or regulation made or issued pursuant to this title. Any civil action authorized to be brought under this title shall be referred to the Attorney General for appropriate action: Provided. That nothing in this title shall be construed as requiring the Secretary to refer to the Attorney General minor violations of this title whenever the Secretary believes that the administration and enforcement of the program would be adequately served by suitable written notice or warning to any person committing such violation. (b) Any end product manufacturer or other person who willfully violates any provision of any order issued by the Secretary under this title, or who willfully fails or refuses to remit any assessment or fee duly required thereunder, shall be liable to a penalty of not more than $1,000 for each such offense which shall accrue to the United States and may be recovered in a civil suit brought by the United States. (c) The remedies provided in subsections (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies otherwise provided at law or in equity. SUSPENSION AND TERMINATION OF ORDERS

7 USC 3411.

Referendum.

SEC. 1712. (a) The Secretary shall, whenever he finds that any order issued under this title, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this title, terminate or suspend the operation of such order or such provision thereof. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of end product manufacturers subject to the order, to determine whether such manufacturers favor the termination or suspension of the order, and the Secretary shall suspend or terminate such order within six months after the Secretary determines that suspension or termination of the order is approved or favored by a majority of the end product manufacturers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the manufacture of end products or by end product manufacturers who produced end products con-

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 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1039

taining more than 50 per centum of the total processed Wheat contained in all end products manufactured during such period by the end product manufacturers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this title. INVESTIGATIONS: POWER TO SUBPENA AND TAKE OATHS AND AETIRMATIONS: AID OF COURTS

SEC. 1713. The Secretary may make such investigations as the Sec- 7 USC 3412. retary deems necessary for the effective administration of this title or to determine whether any person STibject to the provisions of this title has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this title, or of any order, or rule or regulation issued under this title. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence and require the production of any books, papers, and documents which are relevant to the inquirj\ Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, the Sexjretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever such person may be found. CERTIFICATION

OF

ORGANIZATIONS

SEC. 1714. The eligibility of any organization to represent wheat 7 USC 3413. producers, processors, end product manufacturers, or consumers to request the issuance of an order under section 1704(a) of this title and to participate in the making of nominations under section 1706 (b) of this title, shall be certified by the Secretary. The Secretary shall certify any organization which the Secretary finds to be eli^ble under this section and the Secretary's determination as to eligibility shall be final. Certification shall be based, in addition to other avail- Report, able information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) geographic territory covered by the organization's active membership, (b) nature and size of the organization's active membership, including, in the case of an organization other than a consumer organization, the proportion of the total number of active wheat producers, processors, or end product manufacturers represented by the organization.

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Page:United States Statutes at Large Volume 91.djvu/1074

 91 STAT. 1040

Non-consumer organization, primary eligibility consideration.

Consumer organization, primary eligibility consideration.

PUBLIC LAW 95-113—SEPT. 29, 197' (o) evidence of stability and permanency of the organization, (d) sources from which the organization's operating funds are derived, (B) functions of the organization, and (f) the organization's ability and willingness to further the aims and objectives of this title: Provided, That the primary consideration in determining the eligibility of an organization, other than a consumer organization, shall be whether its membership consists primarily of wheat producers, processor, or end product manufacturers who produce a substantial volume of wheat, processed wheat, or end products, respectively, and whether the organization is based on a primary or overriding interest in the production, processing, or end manufacture of wheat or wheat products, and the nutritional attributes thereof: Provided further, That the primary consideration in determining the eligibility of a consumer organization shall be whether (1) a principal purpose of the organization is to promote consumer interests, consumer research, or consumer education, (2) such organization has a broadly representative constituency of consumer's, with active membership participation on a regular basis, and (3) the organization has demonstrated to the Secretary's satisfaction its commitment to the achievement of the objectives of this title. EFFECT ON OTHER PROGRAMS

7 USC 3414.

SEC. 1715. JSTothing in this title shall be construed to preempt or interfere with the workings of any other program relating to wheat or wheat foods research or nutrition education organized and operating under the laws of the United States or any State. REGULATIONS

7 USC 3415.

SEC. 1716. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this title. PROVISIONS A P P L I C A B L E TO AMENDMENTS

7 USC 3416.

SEC. I7l7. The provisions of this title applicable to orders shall be applicable to amendments to orders. SEPARABILmr

7 USC 3401 note.

SEC. 1718. If any provision of this title or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the title and of the application of such provision to other persons and circumstances shall not be affected thereby. AUTHORIZATION

7 USC 3417.

SEC. 1719. There are hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this title. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Council in administering any provisions of any order issued pursuant to the terms of this title.

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Page:United States Statutes at Large Volume 91.djvu/1075

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1041

TITLE XVIII—DEPARTMENT OF AGRICULTURE ADVISORY COMMITTEES PURPOSES

The purposes of this title are to— 7 USC 2281. (1) require strict financial and program accounting by advisory committees of the Department of Agriculture; (2) assure balance and objectivity in the membership of such advisory committees; and (3) prevent the formation or continuation of unnecessary advisory committees by the Department of Agriculture.

SEC.1801.

DEFINITIONS

SEC. 1802. When used in this title— ^ 7 USC 2282. (1) the term "Secretary" means the Secretary of Agriculture of the United States; (2) the term "Department of Agriculture" means the United States Department of Agriculture; and (3) the term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof which is established or utilized by the Department of Agriculture in the interest of obtaining advice or recommendations for the President or the Department of Agriculture, except that such term excludes any committee which (A) is composed wholly of full-time officers or employees of the Federal Government, (B) is established by statute or reorganization plan, or (C) is established by the President. fc

ESTABLISHMENT OF ADVISORY COMMITTEES

SEC. 1803. No advisory committee shall be established by the 7 USC 228.H. Department of Agriculture unless the Secretary determines that— c (1) the advisory committee will serve an essential function; (2) the proposed membership for the advisory committee represents a balance of differing views; (3) the proposed work and goals of the advisory committee cannot be carried out by an existing advisory committee; (4) the proposed budget of the advisory committee reflects the reasonably anticipated costs of performing the function of the advisory committee; and (5) the establishment of the advisory committee is in the public interest. ADDITIONAL DUTIES OF THE SECRETARY

SEC. 1804. In addition to any responsibilities which the Secretary 7 USC 2284. has under the Federal Advisory Committee Act, as amended, or other 5 USC app. i. provision of law with respect to advisory committees, the Secretary shall ensure that all advisory committees— (1) comply with all provisions of law relating to advisory committees, including this title; (2) submit all reports and recommendations in written form; (3) retain a written record of any responses made by the Department of Agriculture to the recommendations of the advisory committees; and

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Page:United States Statutes at Large Volume 91.djvu/1076

 91 STAT. 1042

PUBLIC LAW 95-1 IS—SEPT. 29, 1977 (4) do not exceed their proposed budgets by 10 per centum or $500, whichever is greater, without receiving prior approval for such additional expenditures from the Secretary as provided under section 1808 of this title. MEMBERSHIP ON ADVISORY COMMITTEES

7 USC 2285.

SEC. 1805. (a) No person other than an officer or employee of the Department of Agriculture shall serve on an advisory committee for more than six consecutive years. (b) No person shall simultaneously serve on more than one advisory committee unless authorized by the Secretary. (c) All advisory committees shall, to the extent practicable, have— (1) a balanced membership reflecting the differing views of the groups substantially affected by the matters to be considered by such advisory committees; and (2) ethnic, racial, and sexual balance. (d) Each member of an advisory committee shall use his or her full name and principal place of residence, and shall provide the Secretary with (1) the names of persons or companies by whom he or she is employed, (2) his or her principal occupation, and (3) his or her major sources of income. Such information shall be forwarded to the appropriate committees of Congress having legislative jurisdiction or oversight responsibility with respect to the agency within the Department of Agriculture which established the advisory committee, as part of the annual report provided for in section 1807 of this title. (e) Not more than one officer or employee of any coiyoration or other entity, including all subsidiaries and affiliates thereof, shall serve on the same advisory committee at any one time, unless excepted by the Secretary. ADVISORY COMMITTEE CHARTER REQUIREMENTS

7 USC 2286. 5 USC app. 1.

OPERATING COSTS

gjjc. 1806. In addition to complying with other requirements of section 9(c)(G) of the Federal Advisory Committee Act, each advisory committee shall provide the following information to the Secretary when it files its charter— (1) a statement that the estimate of annual operating costs developed pursuant to section 9(c)(G) of the Federal Advisory Committee Act is inclusive of all private and public moneys to be spent by or on behalf of the advisory committee; and (2) specific estimates of— (A) the amount of Federal funds that will be used annually to support directly or indirectly the operation of the advisory committee; (B) the dollar value of the time and the expenses that will be incurred annually by Federal agencies and employees in assisting in the operation of the advisory committee; (C) the travel expenses, including per diem or subsistence in lieu thereof, that will be incurred annually by advisory committee members and Department of Agriculture employees in attending meetings of the advisory committee, including travel performed in support of the advisory committee's operation; and (D) all expenses that will be paid annually by sources outside the Government, including, but not limited to, expenses

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/365

 REVIEWS.

the publication of this important and interesting work Mr. Abercromby has done much to remove one of the reproaches of English scholarship. It is the first serious attempt that has been made in this country to investigate the early history and culture of the Finnish people. Such a task demands indeed no light equipment, as a glance at Mr. Abercromby's list of authorities will at once convince anybody; and it requires also a more than usually cautious habit of mind, for not only is the subject obscure in itself, but it is made still darker by the existence of vague hypotheses and unscientific conjectures. A proof of Mr. Abercromby's sound judgment is shown by his refraining from any excursions into the fascinating but at present unanswerable questions which centre round the Asiatic origin of the Finns. There are only two passages, I think, which refer to this point at all. In the first (vol. i. p. 86) the author says "that both stocks" (long-headed and short-headed) "originally issued from Asia seems almost certain;" and in the second passage (vol. i. p. 146) he remarks, "Though we have to believe that once the remotest ancestors of the Finnish peoples lived in Asia, it is, I think, impossible to trace them there." This reserve is the only scientific attitude. Might it not have been as well, however, to put the general reader on his guard against the errors and exaggerations with which this question has been treated in such books, for instance, as Lenormant's Chaldæan Magic?

In the first five chapters of Mr. Abercromby's first volume he tries, with the combined aid of craniology, archaeology, ethnography, and philology, to sketch the history of the Eastern and


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Page:United States Statutes at Large Volume 91.djvu/1077

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1043

borne by the committee members or other individuals, such as their employers, corporations, organizations, associations, or labor organizations. A N N U A L REPORT

SEC. 1807. (a) In addition to the other requirements of section 10 7 USC 2287. of the Federal Advisory Committee Act, as amended, each advisory 5 USC app. 1. committee within the Department of Agriculture, including all advisory committees as defined in section 1802(3) of this title and all other advisory committees within the Department of Agriculture established by statute or reorganization plan or established by the President, shall prepare, at least annually, a written report which shall contain— (1) a description of all recommendations and suggestions it has provided to any executive department, agency, or other authority of the United States, or any State, or any individual during the immediately preceding year; (2) a description of the response it has made during the immediately preceding year to specific recommendations and suggestions from any executive department, agency, or other authority of the United States, or any State, or any individual; (3) an itemization, in detail, of all costs incurred by it during Itemized costs. the immediately preceding year, including, but not limited to— (A) public money spent on transportation for advisory committee members and other Department of Agriculture employees engaged in the business of the advisory committee, including individuals who are not members of the advisory committee; (B) per diem allowances for temporary duty expenses for advisory committee members and for Department of Agriculture employees engaged in the work of the advisory committee who are not members of the advisory committee; (C) salaries and consultant fees paid to the advisory committee members, guest presenters, or other advisors or assistants to the advisory committee at meetings of the advisory committee; (D) the value of Department of Agriculture staff support time spent on the business of the advisory committee; (E) the cost of leasing, renting, or purchasing equipment, meeting rooms, and supplies for the advisory committee; (F) any additional cost involved in meetings of the advisory committee, including receptions, luncheons, dinners, and entertainment; (G) miscellaneous expenses, with a separate category for any major expense item peculiar to the advisory committee; and (H) such other expenses or cost items as may be relevant to full disclosure of the costs of operating the advisory committee; and (4) a list of the members of the advisory committee and, where applicable, the background information on each member required to be submitted under section 1805 of this title, (b) The report required by this section shall be transmitted to the Transmittal to Secretary, the appropriate committees of Congress having legislative Secretary and jurisdiction or oversight with respect to the agency within the Depart- congressional committees.

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Page:United States Statutes at Large Volume 91.djvu/1078

 91 STAT. 1044

PUBLIC LAW 95-113—SEPT. 29, 1977 ment of Agriculture which established the advisory committee, and the Library of Congress. A copy of such report shall also be available at the central location of each such advisory committee's files. BUDGET PROHIBITIONS

7 USC 2288.

SEC. 1808. (a) No advisory committee shall expend funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, unless it files a request therefor with the Secretary prior to any such expenditure which shall specify the use to which such funds will be put together with a comprehensive explanation as to why such expenditures were not known at the time of the annual estimate of operating costs, and the Secretary approves such request. (b) The Secretary shall not approve the release of any funds under the Secretary's control to an advisory committee for any such overrun expenditure unless the Secretary finds that such funds are essential to the performance of the advisory committee's mission and the need for such funds could not have been reasonably anticipated. TERMINATION OF ADVISORY COMMITTEES

7 USC 2289.

5 USC app. 1.

5 USC app. 1.

SEC. 1809. (a) The Secretary shall terminate any advisory committee upon a finding that any such advisory committee— (1) has expended funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, without having obtained the prior approval of the Secretary pursuant to the provisions of section 1808 of this title; (2) has failed to file in a timely manner all reports required under the provisions of the Federal Advisory Committee Act, as amended, or this title; (3) has failed to meet for two consecutive years; (4) has failed to issue any written reports other than reports required under the Federal Advisory Committee Act, as amended, and this title for two consecutive years; (5) has failed to comply with any provision of the Federal Advisory Committee Act, as amended, or this title; (6) is responsible for functions which otherwise would be or should be performed by Federal employees; or (7) does not serve or has ceased to serve an essential public function. (b) Any advisory committee terminated under the provisions of this section may be reestablished only under the procedures set out in section 9 of the Federal Advisory Committee Act. If an advisory committee terminated under the provisions of this section is reestablished, all records, reports, and the complete files of such advisory committee so terminated shall be maintained together with the files of such reestablished advisory committee.

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Page:United States Statutes at Large Volume 91.djvu/1079

 PUBLIC LAW 95-113—SEPT. 29, 1977

91 STAT. 1045

TITLE XIX—EFFECTIVE DATE SBO. 1901. Except as otherwise provided herein, the provisions of 7 USC 1307 note. this Act shall become effective October 1, 1977. Approved September 29, 1977.

a 1

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-348 accompanying H.R. 7171 (Comm. on Agriculture) and No. 95-599 (Comm. of Conference). SENATE REPORTS: No. 95-180 (Comm. on Agriculture, Nutrition, and Forestry) and No. 95-418 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): May 23, 24, considered and passed Senate. July 20-22, 25-28, considered and passed House, amended, in lieu of H.R. 7171. Sept. 9, Senate agreed to conference report. Sept. 16, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 40: Sept. 29, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1080

 91 STAT. 1046

PUBLIC LAW 95-114—SEPT. 30, 1977

Public Law 95-114 95th Congress An Act Sept. 30, 1977 [S. 1731]

Uniformed services. Medical officers, special pay provisions, extension and reinstatement. 37 USC 302 note.

Extending the special pay provisions for physicians and dentists in the uniformed services and reinstating the special pay provisions for optometrists and veterinarians in the uniformed services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of May 6, 1974, Public Law 93-274, as amended (90 Stat. 926), is amended by striking out "September 30, 1977" and inserting in place thereof "September 30, 1978". SEC. 2. (a) Section 302a of title 37, United States Code, is amended to read as follows: "§ 302a. Special pay: optometrists "(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty beginning on or after October 1, 1977: " (1) a commissioned officer— "(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer, or "(B) who is an optometry officer of the Regular Corps of the Public Health Service; "(2) a commissioned officer— "(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or "(B) who is an optometry officer of the Reserve Corps of the Public Health Service, who is on active duty as a result of a call or order to active duty for a period of at least one year; and "(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be. "(b) The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay. "(c) No special pay may be paid under this section for any month after September 1978.". SEC. 3. Section 303 of title 37, United States Code, is amended to read as follows: "§ 303. Special pay: veterinarians "(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty beginning on or after October 1, 1977: " (1) a commissioned officer— " (A) of the Regular Army who is in the Veterinary Corps, "(B) of the Regular Air Force who is designated as a veterinary officer, or

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 PUBLIC LAW 95-114—SEPT. 30, 1977

91 STAT. 1047

"(C) who is a veterinary officer of the Regular Corps of the Public Health Service; "(2) a commissioned officer— " (A) of a Reserve component of the Army who is in the Veterinary Corps of the Army, "(B) oi a Reserve component of the Air Force, of the Armv or the Air Force without specification of component, or oi the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be, or "(C) who is a veterinary officer of the Reserve Corps of the Public Health Service, who is on active duty as a result of a call or order to active duty for a period of at least one year; and "(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2) of this subsection, in the Army, the Air Force, or the National Guard, as the case may be. "(b) The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized in any other provision of this title or in computing retired pay or severance pay. "(c) No special pay may be paid under this section for any month after September lots."^'. SEC. 4. The amendments made by sections 2 and 3 of this Act become Effective date, effective on October 1, 1977. 37 USC 302a Approved September 30, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-479 accompanying H.R. 8011 (Comm. on Armed Services). SENATE REPORT No. 95-400 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 9, considered and passed Senate. Sept. 19, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1082

 91 STAT. 1048

PUBLIC LAW 95-115—OCT. 3, 1977

Public Law 95-115 95th Congress An Act Jct. 6, 1977 [H.R. 6111] Juvenile Justice Amendments of 1977. 42 USC 5601 note.

rjiQ amend the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

SECTION 1. This Act may be cited as the "Juvenile Justice Amendments of 1977". DEFINITION OF J U V E N I L E DELINQUENCY PROGRAMS

42 USC 5603.

SEC. 2. Section 103(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 (hereinafter in this Act referred to as the "Act") is amended by striking out "who are in danger of becoming delinquent" and inserting in lieu thereof "to help prevent delinquency". J U V E N I L E JUSTICE AND DELINQUENCY PREVENTION OFFICE

42 USC 5611.

42 USC 5612, 5614, 5616, 5651, 5656. 42 USC 5618, 5633, 5653, 5656, 5659, 5660, 5661.

Powers of Associate Administrator. 42 USC 5731, 5751.

SEC. 3. (a)(1) Section 201(a) of the Act is amended by adding at the end thereof the following new sentence: "The Administrator shall administer the provisions of this Act through the Office.". (2) Section 201(c) of the Act is amended by adding at the end thereof the following new sentence: " The Associate Administrator may be referred to as the Administrator of the Office of Juvenile Justice and Delinquency Prevention in connection with the performance of his ftmctions as the head of the Office, except that any reference in this Act to the 'Administrator' shall not be construed as a reference to the Associate Administrator.". (3)(A) The Act is amended by striking out "Assistant Administ r a to r " and inserting in lieu thereof "Associate A d m i n i s t r a to r " in sections 201, 202(c), 204(i), 2 0 6 (a)(1), 206(b), 241, 246, and any other place it appears therein. (B) The Act is amended by inserting "Associate" before "Administ r a to r " in sections 208(b), 208(e), 2 2 3 (a) ( 1 4), 2 2 3 (a) ( 2 0), 223(a) (21), 243(4), 246, 248 (as so redesignated by section 5(e)(1)), 249 (as so redesignated by section 5(e)(1)), and section 250 (as so redesignated by section 5(e)(1)). (4) Section 201(d) of the Act is amended by adding at the end thereof the following new sentences: " The Associate Administrator is authorized, subject to the direction of the Administrator, to award, administer, modify, extend, terminate, monitor, evaluate, reject, or deny all grants and contracts from, and applications for, funds made available under part B and part C of this title. The Administrator may delegate such authority" to the Associate Administrator for all g r a n t s and contracts from, and applications for, funds made available under this part and funds made available for juvenile justice and delinquency prevention programs under the Omnibus Crime Control and

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 PUBLIC LAW 95-115—OCT. 3, 1977 Safe Streets Act of 1968, as amended. The Associate Administrator shall report directly to the Administrator.". (5) The Act is amended by striking out "Deputy Assistant Administrator" and inserting in lieu thereof "Deputy Associate Administ r a to r " in sections 201(e), 2 0 6 (a)(1), 246, and any other place it appears therein. (6) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(141) Associate Administrator, Office of Juvenile Justice and Delinquency Prevention of the Law Enforcement Assistance Administration.", (b)(1) Section 204(b) of the Act is amended— (A) by inserting ", with the assistance of the Associate Administrator," after "the A d m i n i s t r a to r "; and (B) by redesignating paragraph (7) as paragraph (6), and by striking out paragraph (5) and paragraph (6) and inserting in lieu thereof the following new paragraph: " (5) develop annually with the assistance of the Advisory Committee and the Coordinating Council and submit to the President and the Congress, after the first year following the date of the enactment of the Juvenile Justice Amendments of 1977, prior to December 31, an analysis and evaluation of Federal juvenile delinquency programs conducted and assisted by Federal departments and agencies, the expenditures made, the results achieved, the plans developed, and problems in the operations and coordination of such programs and a brief but precise comprehensive plan for Federal juvenile delinquency programs, with particular emphasis on the prevention of juvenile delinquency and the development of programs and services which will encourage increased diversion of juveniles from the traditional juvenile justice system, which analysis and evaluation shall include recommendations for modifications in organization, management, personnel, standards, budget requests, and implementation plans necessary to increase the effectiveness of these program s; and". (2) Section 204(d)(1) of the Act is amended by inserting "Associate" before "Administrator" the second place it appears therein. (3) Section 204(e) of the Act is amended by striking out " (6) " each place it appears therein and inserting in lieu thereof " (5) ". (4) Section 204(f) of the Act is amended by inserting " Federal " after "appropriate authority,". (5) Section 204(g) of the Act is amended by striking out "part, except the making of regulations", and inserting in lieu thereof "title". (6) Section 204(j) of the Act is amended by inserting "organization," after "agency," and by striking out " part " and inserting in lieu thereof "title". (7) Section 204(k) of the Act is amended by striking out " part " and inserting in lieu thereof "title" and by striking out "the Juvenile Delinquency Prevention Act (42 U.S.C. 3801 et seq.)" and inserting in lieu thereof "title III of this Act". (8) Section 204(1)(1) of the Act is amended by inserting "Associate" before "Administrator" the second place it appears therein. (c) Section 205 of the Act is amended by inserting immediately before the period at the end of the first sentence, the following: "whenever the Associate Administrator finds the program or activity to be

91 STAT. 1049 42 USC 3701 note.

42 USC 5611, 5616, 5655, 5656.

42 USC 5614.

Federal juvenile delinquency programs, analysis and evaluation, submittal to President and Congress.

Joint funding.

42 USC 5615.

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