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Page or prices for work, service, publication, etc., rendered to or for any person
or other legal entity. Federal Claims Collection Act of 1966 .
4 (31 U.S.C. 951-953) Authorizes heads of agencies to compromise claims that do not exceed $20,000.
Provides that collection action may be terminated or suspended where the individual has no prospective financial ability to pay a significant amount or where the cost of collection is likely to exceed the amount
recovered. Oaths, Witnesses, and Records; Affirmations and Affidavits
5 (7 U.S.C. 420, 2217–2218, 5 U.S.C. 2905) Authorizes certain employees in performance of duties to administer oaths, examine witnesses and call for the production of books and papers (7 U.S.C. 420).
Empowers employees of the Department designated by the Secretary for that purpose to administer and take oaths, affirmations, and affidavits for use in cases arising under statutes administered by the Department, and provides that when such oaths. affirmations, or affidavits are certified and authenticated by the seal of the Department, they may be used in any U.S. court without further proof of the identity or authority of the employee (7 U.S.C. 2217).
Prohibits any officer, agent, or employee of the Department from accepting a fee for administering an oath, affirmation, or affidavit (7 U.S.C. 2218).
Provides that employees of the Department shall not be required to renew their oaths as long as their services are continuous (5 U.S.C. 2905). Employment of Temporary Personnel
7 (7 U.S.C. 2225) Authorizes the Department of Agriculture to employ persons or organizations on a temporary basis by contract or otherwise without regard to the Classification Act of 1949, provided that a provision has been included in the applicable appropriation for expenditures for such temporary employment, and that such expenditures do not exceed limitations prescribed
therein (7 U.S.C. 2225). Employment of Experts and Consultants; Temporary or Intermittent
7 (5 U.S.C. 3109) Authorizes the head of an agency to procure by contract the temporary or intermittent services of experts or consultants or organizations when authorized by an appropriation or other statute, including stenographic re
porting services (5 U.S.C. 3109). Administrative Procedure Act (Availability of Public Information)
7 (5 U.S.C. 552) Requires agencies to publish in the Federal Register certain information, such as descriptions of organization and substantive rules and regulations.
Requires agencies to make available for public inspection and copying final opinions and orders in adjudicative cases, statements of policy and interpretations which have been adopted and are not required to be published in the Federal Register, and administrative staff manuals and instructions to staff that affect any member of the public.
Provides for reasonable access regulations and fees for record searches.
Empowers Federal district courts to order agencies to produce improperly withheld documents and to examine in private chambers the contested documents.
Establishes time limits for agency responses to requests.
Provides disciplinary action for employees found by the courts to be guilty of withholding information.
Requires agencies to make annual report to Congress. Requires Attorney
13 (5 U.S.C. 552a note)
Allows an individual access to personal information contained in Federal agency files and to correct or amend such information.
Prevents an agency maintaining a file on an individual from using it or making it available to another agency for a second purpose without obtaining consent of the individual.
Requires Federal agencies to maintain records that are necessary and lawful as well as accurate and current and to disclose the existence of all data banks and files they maintain that contain information on individuals.
Precludes agencies from maintaining records that describe an individual's exercise of First Amendment rights unless the records are authorized by statute or approved by the individual or are within the scope of an official law enforcement activity.
Permits an individual to seek injunctive relief to correct or amend a record maintained by an agency and permits the individual to recover actual damages when an agency acted in a negligent manner that was “willful or intentional."
Provides for a fine, not to exceed $5,000, for an officer or employee of an agency who willfully violates the provisions of this act.
Exempts from the disclosure provisions: records maintained by the Central Intelligence Agency; records maintained by law enforcement agencies; Secret Service records; statistical information; names of persons providing material used for determining the qualification of an individual for Federal Government service; Federal testing material and National Archives historical records.
Prohibits an agency from selling or renting an individual's name or address for mailing list use.
Requires agencies to submit any plans for the establishment or alteration of any system of records to Congress and OMB.
Requires the President to submit to Congress by June 30 each year a report on the number of records exempted by each Federal agency and the reasons for the exemptions.
Establishes a seven-member privacy protection study commission to provide Congress and the President information about problems related to privacy in the private and public sectors.
Makes it illegal for any Federal, State, or local agency to deny an individual any benefit provided by law because he refused to disclose his Social Security account number to the agency. (It does not apply to disclosure required by Federal statute or to Government agencies requiring disclosure
of the number before January 1, 1975.) Government in the Sunshine Act (Open Meetings)
(5 U.S.C. 552b) Provides, with ten specific exemptions, that every portion of every meeting of an agency subject to the Act shall be open to public observation. This requirement applies to an agency headed by a collegial body composed of two or more individual members, a majority of whom are appointed by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the Senate, and any subdivision thereof authorized to act on behalf of the agency. Such an agency is required to announce publicly at least one week in advance of a meeting, the date, place, and subject matter of the meeting; whether the
meeting is to be open or closed to the public; and other details. Administrative Procedure Act-Miscellaneous
(5 U.S.C. 553–559) Prescribes procedures in Federal rule making, adjudications, ancillary matters, hearings, decisions, sanctions; application of licenses, suspension, revocation, and expiration of licenses.
Prohibits ex parte communications in formal hearings; adjudicatory processes conducted in accordance with the Administrative Procedure Act, in which a decision is based upon evidence from a public hearing record; and some rulemaking hearings, including those for marketing agreements and orders and for research and promotion programs. The prohibition against ex parte communications commences at the time a hearing is announced and continues until a final decision is issued.
Department of Agriculture Appropriations Act, 1950 and 1952
(7 U.S.C. 440, 414a) Provides for transfer of funds by the Commodity Credit Corporation to cover the costs of classing commodities free of charge to producers, such
transfers to be repaid out of subsequent appropriations. Overtime Rates; Full-time, Part-time, Intermittents
(5 U.S.C. 5542) Provides rate of overtime compensation for full-time, part-time, and intermittent employees for work officially ordered or approved in excess of 40 hours in an administrative workweek, or in excess of 8 hours a day.
MARKETING AND REGULATORY PROGRAMS
SUBPART A. GENERAL Agricultural Marketing Act of 1946
(7 U.S.C. 1621-1627) This Act provides for: (1) Continuous research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products; (2) cooperation among Federal and State agencies (including the Virgin Islands and Guam), producers, industry organizations, and others in the development and effectuation of research and marketing programs to improve the distribution processes; (3) an integrated administration of all laws to aid the distribution of agricultural products research, market aids and services, and regulatory activities, to the end that marketing methods and facilities may be improved, that distribution costs may be reduced, and the price spread between the producer and consumer may be narrowed; and (4) matching funds with cooperating State agricultural experiment stations, State extension services, and State departments of agriculture.
The Act also (1) authorizes grading, inspection, and certification of all agricultural products; (2) makes certifications prima facie evidence; (3)
prohibits misrepresentation with respect to such services. Agricultural Marketing Agreement Act of 1937
(7 U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674) Note: This legislation enacted June 3, 1937, in the form of an amendment of the Agricultural Adjustment Act of 1933, as amended, reenacted certain provisions of the old legislation without change and amended and reenacted others as amended.
(a) Provides for forfeiture equal to three times the current market value of the excess when any person willfully exceeds any quota or allotment fixed under this legislation.
(b) Authorizes (i) marketing agreements with processors, producers, associations of producers and other engaged in the handling of a designated agricultural commodity, (ii) orders regulating handling of designated agricultural commodities or products in interstate commerce and (iii) fixing minimum prices to be paid to producers or associations of producers for milk or its products.
(c) Prohibits importation of certain enumerated commodities when they are covered by a marketing order regulating grade, size, quality or matur
ity unless they comply with these provisions of the order. Agricultural Fair Practices Act
(7 U.S.C. 2301-2306) Makes it unlawful for handlers to knowingly: coerce a producer in the exercise of his right to join and belong to a cooperative; refuse to deal with a producer because of his membership in a cooperative; discriminate against a producer because of a membership in a cooperative; induce a producer to refuse or cease to belong to a cooperative; make false reports about cooperatives; conspire to do any of the foregoing.
(7 U.S.C. 291, 292) Authorizes persons engaged in the production of agricultural products to act together as associations in collectively processing, preparing for market and marketing, and make the necessary contracts and agreements to effect such purposes.
Prohibits monopolies and restraints of trade and provides an administrative procedure to establish the facts and an order directing the association
to cease and desist. Farmer-to-Consumer Direct Marketing Act of 1976
(7 U.S.C. 3001–3006) Defines "direct marketing from farmers to consumers” to mean the marketing of agricultural commodities at any marketplace established for the purpose of enabling farmers to sell their agricultural commodities directly to individual consumers in a manner calculated to lower the cost and increase the quality while providing increased financial returns for farmers.
Requires the Secretary to carry out a program to facilitate the direct marketing of food commodities from farmers to consumers, for their mutual benefit, under which there would be (1) a nationwide survey of existing direct marketing operations; (2) an allocation of funds to the State departments of agriculture and/or the State cooperative extension services to provide assistance for direct marketing within the respective States; and (3) an annual report by the Secretary on activities carried out under the act to further direct marketing.
SUBPART B. COTTON
Agricultural Marketing Act (of 1929)
(12 U.S.C. 1141j(d)) Prohibits inclusion in any Government report, bulletin, or other such publication of any prediction with respect to cotton prices. Cotton Futures Provisions of Internal Revenue Code of 1954
(26 U.S.C. 6001, 6804, and 7701) Requires persons liable for any tax imposed under this title to keep records, statements, and make returns as prescribed by the Secretary.
Require stamps be attached or canceled as prescribed by the Secretary. U.S. Cotton Futures Act
(7 U.S.C. 15b) (a) Provides for a cotton classing service by the Department of Agriculture for tenderers and receivers of cotton on futures.
(b) Provides for establishment, preparation, and distribution of official cotton standards.
(c) Provides for designation of bona fide spot cotton markets by the Secretary of Agriculture and the use of cotton quotations in certain of these
markets in settlement of future contracts. Cotton Research and Promotion Act
(7 U.S.C. 2101–2118) Enables cotton growers to improve the competitive position and expand markets for cotton through a program of self assessments.
Requires action by the Secretary of Agriculture to hold public hearings, a referendum of cotton producers, and to establish a Cotton Board to administer a program of research and promotion which would be funded by
assessments on producers. Cotton Statistics and Estimates Act of 1927
(7 U.S.C. 471-476) Provides for (1) a report on estimates of the grades and staple lengths in the carryover of cotton stocks as of August 1 each year, and (2) periodic reports each year on estimates of the grades and staple lengths of the cotton crop: (a) Smith-Doxey Amendment.
(7 U.S.C. 473a-c)
Provides a free cotton classing and market news service to groups of farmers organized to promote the improvement of cotton. (b) Cotton Service Testing Amendment.
(7 U.S.C. 473d) Provides that the Secretary may make cotton fiber tests and small scale spinning tests for breeders, merchants, consumers, and others to promote objective measures of cotton quality, orderly marketing, and better varieties
of cotton. United States Cotton Standards Act
(7 U.S.C. 51–65) (a) Provides for establishment, preparation, distribution, and use of official cotton standards.
(b) Authorizes contracts with cooperatives for classing cotton and payment for services.
(c) Provides for a cotton classing service by the Department of Agriculture for the public on a fee basis.
(d) Provides for the licensing of cotton classers.
(e) Provides for agreements between the Secretary of Agriculture and cotton organizations in foreign countries for adoption, use, and observance of universal standards of cotton classification; the arbitration and settlement of disputes with respect thereto; and the preparation, distribution inspection, and protection of practical forms (boxes) of such universal standards.
SUBPART C. FRUITS, NUTS, AND VEGETABLES Export Apple and Pear Act
(7 U.S.C. 581-590) Prohibits shipment or transportation of apples or pears to any foreign destination in packages which are not accompanied by a certificate issued under authority of the Secretary. After notice and opportunity for interested persons to examine and make recommendations with respect to proposed standards or regulations, the Secretary is authorized to prescribe by regulations the requirements, other than those of grade, which fruit
must meet before certificates are issued. Export Grape and Plum Act
(7 U.S.C. 591-599) Prohibits shipment or transportation of specified fruits to any foreign destination in packages which are not accompanied by a certificate issued under authority of the Secretary. After notice and opportunity for interested persons to examine and make recommendations with respect to proposed standards or regulations, the Secretary is authorized to prescribe by regulations the requirements, other than those of grade, which fruit must
meet before certificates are issued. Peanut Statistics
(7 U.S.C. 951-957) The Act of June 24, 1936, as amended, authorized the collection and publication of statistics of raw peanuts and peanut oil. Perishable Agricultural Commodities Act, 1930
(7U.S.C. 499a-499s) (a) Prohibits unfair conduct by commission merchants, dealers, and brokers.
(b) Requires that persons engaged in these businesses have a valid and effective license issued by the Secretary of Agriculture.
(c) Creates additional liability in damages to persons injured by the unfair conduct of a commission merchant, dealer, or broker.
(d) Provides for administrative action to establish the injury and its extent as well as a sanction in the form of suspension of license for failure to obey Secretary's order for the payment of money.
(e) Provides for appeal of separation orders to district courts.
(f) Authorizes investigations by Secretary including inspection and certification of commodities as to class, quality, and condition.