the preceding calendar year. These funds may be used for the following purposes: (a) To encourage the exportation of agricultural commodities and products by payment of benefits or indemnities in connection with exportation, or by payments to producers in connection with that part of the production required for domestic consumption; (b) To encourage domestic consumption of agricultural commodities and products by payment of benefits or indemnities for diversion from the normal channels of trade or increasing utilization among persons in lowincome groups; (c) To reestablish farmers' purchasing power by payments in connection with the normal production for domestic consumption. Agricultural Act of 1956-Section 205 (7 U.S.C. 1855) Authorizes the yearly appropriation of $500,000,000 to enable the Secretary to further carry out the provisions of section 32 subject to a limitation that not more than 50 percent of that amount may be used for any one agricultural commodity or the products thereof. Administrative Expenses (7 U.S.C. 1392b) Limits the sums to be paid for Federal and State administrative expenses (excluding county and local committees) under the Agricultural Adjustment Act of 1938 and the Soil Conservation and Domestic Allotment Act to 3 percent of the total sum appropriated, and to 4 percent of the total sum appropriated under section 32 and the Agricultural Marketing Agreement Act of 1937, as amended; and requires that the salaries paid to local and county committees be publicly displayed. Appropriation and Apportionment of Funds (31 U.S.C. 665) Prohibits the expenditures of funds or creation of obligations in excess of appropriations or apportionments, unless authorized by law, required by emergencies, or necessary for welfare of individuals, and exempting price support, surplus removal, and section 32 funds from the requirements of apportionment. Page 286 286 287 SUBPART B. MISCELLANEOUS Civil Rights Act of 1964 (Title VI) (42 U.S.C. 2000d-2000d-4) Title VI relates to nondiscrimination in federally assisted programs. It provides that no person in the United States shall be excluded from participation in or otherwise discriminated against because of race, color, or national origin under any program or activity receiving Federal financial assistance. Specifically, the title enables Federal agencies administering programs to terminate or to refuse to grant or to continue assistance under a program in which there has been an express finding of noncompliance by discrimination, but agencies may take such action only after they have attempted to bring about compliance by voluntary means, and only after a hearing. Agency actions to cut off funds may not take effect until 30 days after a report is filed with Congress, and agency actions are subject to judicial review. Any agency rules or regulations issued under this title must be approved by the President. Organized Crime Control Act—General Immunity (18 U.S.C. 6001-6005) Unifies and expands existing Federal law dealing with the granting of immunity from self-incrimination in legislative, administrative, and court proceedings. Provides that all previous legislation is repealed and affords immunity from use of testimony rather than from prosecution itself. Provides that the granting of immunity in court and legislative proceedings is subject to court review, while notice must be given to the Attorney General prior to its granting in administrative proceedings. Index 291 293 297 PART I GENERAL AUTHORITIES AND ADMINISTRATIVE PROVISIONS THE ORGANIC ACT OF THE DEPARTMENT OF (Revised Statutes §520 as amended) There shall be at the seat of Government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects. connected with agriculture and rural development, in the most general and comprehensive sense of, and to procure, propagate, and distribute among the people new and valuable seeds and plants. (7 U.S.C. 2201.)1 DEPARTMENT OF AGRICULTURE ORGANIC ACT OF 19442 Inspection of livestock, hides, animal products, etc.; place; charges; disposition of funds. The Secretary of Agriculture upon application of any exporter, importer, packer, or owner of, or the agent thereof, or dealer in, livestock, hides, skins, meat, or other animal products may, in his discretion, cause to be made inspections and examinations at places other than the headquarters of inspectors for the convenience of said applicants, who may be charged for the expenses of travel and subsistence incurred for such inspections and examinations, the funds derived from such charges to be deposited in the Treasury of the United States to the credit of the appropriation from which the expenses are paid.3 (7 U.S.C. 396.) Farm or food products; sale of samples, practical forms, etc. The Secretary of Agriculture is authorized to sell samples, illustrations, practical forms, or sets of the grades recommended or promulgated by him for farm or food products, under such rules and regulations as he may prescribe, and the receipts therefrom shall be deposited in the Treasury to the credit of miscellaneous receipts. (7 U.S.C. 415e.) Market-inspection certificates as prima facie evidence. Market-inspection certificates issued by authorized agents of the 1 Formerly 5 U.S.C. 511; amended by the Act of August 30, 1972, 86 Stat. 675. 2 Approved September 21, 1944, 58 Stat. 734. 3 Sec. 101 (c), 58 Stat. 734. Sec. 401 (c), 58 Stat. 738. Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (7 U.S.C. 2259.)" Inspections, analyses, and tests for other Government departments and agencies; reimbursement. The head of any department or independent establishment of the Government requiring inspections, analyses, and tests of food and other products, within the scope of the functions of the Department of Agriculture and which that Department is unable to perform within the limits of its appropriations, may, with the approval of the Secretary, transfer to the Department for direct expenditure such sums as may be necessary for the performance of such work. (7 U.S.C. 2256.) DEPARTMENT OF AGRICULTURE ORGANIC ACT OF 19567 SEC. 12. Under such regulations as may be prescribed by the Secretary of Agriculture, funds available to the Department of Agriculture may be used for the payment of transportation expenses and per diem in lieu of subsistence expenses, in accordance with the Travel Expense Act of 1949, for travel between places of recruitment and duty, and while at places of duty, of persons appointed for temporary or seasonal services in inspection, classing or grading agriculture commodities. (7 U.S.C. 2229.)8 COOPERATION-GENERAL To provide further for cooperation with States in administration and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of Federal and State laws and regulations relating to the marketing of agricultural products and to the control or eradication of plant and animal diseases and pests, the Secretary of Agriculture is hereby authorized, in the administration and enforcement of such Federal laws within his area of responsibility, whenever he deems it feasible and in the public interest, to enter into cooperative arrangements with State departments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regulations and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of such Federal laws and regulations to the extent and in the manner he deems appropriate in the public interest. 5 Sec. 401 (c), 58 Stat. 738. Formerly codified at 5 U.S.C. 575. Sec. 702 (a), 58 Stat. 741. Formerly codified at 5 U.S.C. 571. Approved August 3, 1956, sec. 12, 70 Stat. 1034. Formerly 5 U.S.C. 541e. P.L. 87-718, approved September 28, 1962, 76 Stat. 663. Commonly referred to as the "Talmadge-Aiken" Act. Further, the Secretary is authorized to coordinate the administration of such Federal laws and regulations with such State laws and regulations wherever feasible. However, nothing herein shall affect the jurisdiction of the Secretary of Agriculture under any Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing provisions of law, or affect any restrictions of law upon such cooperation. (7 U.S.C. 450.) COOPERATION WITH STATE AND OTHER AGENCIES; EXPENDITURES That hereafter in carrying on the activities of the Department of Agriculture involving cooperation with State, county, and municipal agencies, associations of farmers, individual farmers, universities, colleges, boards of trade, chambers of commerce, or other local associations of business men, business organizations, and individuals within the State, Territory, district or insular possession in which such activities are to be carried on, moneys contributed from such outside sources, except in the case of the authorized activities of the Forest Service, shall be paid only through the Secretary of Agriculture or through State, county or municipal agencies, or local farm bureaus or like organizations, cooperating for the purpose with the Secretary of Agriculture. (7 U.S.C. 450b.) 10 COOPERATION WITH STATE AND OTHER AGENCIES; SALARIES OF EMPLOYEES OF DEPARTMENT The officials and the employees of the Department of Agriculture engaged in the activities described in the preceding paragraph [7 U.S.C. 450b] and paid in whole or in part out of funds contributed as provided therein, and the persons, corporations, or associations making contributions as therein provided, shall not be subject to the provisions of section 1914 of Title 18, United States Code; nor shall any official or employee engaged in the cooperative activities of the Forest Service, or the persons, corporations, or associations contributing to such activities be subject to such section. (7 U.S.C. 2220.)11 AMOUNT AND CHARACTER OF COOPERATION Unless otherwise provided herein or by other statute, the measure and character of cooperation authorized herein on the part of the Federal Government and on the part of the cooperator shall be such as may be prescribed by the Secretary, unless otherwise provided for in the applicable appropriation. (7 U.S.C. 2249.) 12 FEES AND CHARGES FOR SERVICES RENDERED 13 It is the sense of the Congress that any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, 10 Act of July 24, 1919, 41 Stat. 270. Formerly codified at 5 U.S.C. 563. 11 Act of July 24, 1919, 41 Stat. 270, as amended by Act of September 3, 1954, 68 Stat. 1227. Formerly codified at 5 U.S.C. 564. 12 Department of Agriculture Organic Act of 1944, sec. 711, 58 Stat. 743. Formerly codified at 5 U.S.C. 564a. 13 Title V of the Independent Offices Appropriation Act, 1952, 65 Stat. 290. permit, certificate, registration, or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued by any Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945)14 to or for any person (including groups, associations, organizations, partnerships, corporations, or businesses), except those engaged in the transaction of official business of the Government, shall be self-sustaining to the full extent possible, and the head of each Federal agency is authorized by regulation (which, in the case of agencies in the executive branch, shall be as uniform as practicable and subject to such policies as the President may prescribe) to prescribe therefor such fee, charge, or price, of any, as he shall determine, in case none exists, or redetermine, in case of an existing one, to be fair and equitable taking into consideration direct and indirect cost to the Government, value to the recipient, public policy or interest served, and other pertinent facts, and any amount so determined or redetermined shall be collected and paid into the Treasury as miscellaneous receipts: Provided, That nothing contained in this title shall repeal or modify existing statutes prohibiting the collection, fixing the amount, or directing the disposition of any fee, charge or price: Provided further, That nothing contained in this title shall repeal or modify existing statutes prescribing bases for calculation of any fee, charge or price, but this proviso shall not restrict the redetermination or recalculation in accordance with the prescribed bases of the amount of any such fee, charge or price. (31 U.S.C. 483a.) 15 FEDERAL CLAIMS COLLECTION ACT OF 1966 16 (31 U.S.C. 951-953) To avoid unnecessary litigation by providing for the collection of claims of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Claims Collection Act of 1966". SEC. 2. In this Act (a) "agency" means any department, office, commission, board, service, Government corporation, instrumentality, or other establishment or body in either the executive or legislative branch of the Federal Government; (b) "head of an agency" includes, where applicable, commission, board, or other group of individuals having the decision-making responsibility for the agency. (31 U.S.C. 951.) SEC. 3. (a) The head of an agency or his designee, pursuant to regulations prescribed by him and in conformity with such standards as may be promulgated jointly by the Attorney General and the Comptroller General, shall attempt collection of all claims of the United States for 14 31 U.S.C. 841-870. 15 Formerly 5 U.S.C. 140. 16 Pub. L. 89-508, approved July 19, 1966, 80 Stat. 308–309. |