dreamproit/uscode huggingface dataset:
7 U.S.C. § 7488 (AGRICULTURE)
§ 7488. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this subchapter; and
(2) to determine whether any person subject to this subchapter has engaged, or is about to engage, in an act that constitutes or will constitute a violation of this subchapter or of an order or regulation issued under this subchapter.
(b) Oaths, affirmations, and subpoenas
For the purpose of an investigation under subsection (a) of this section, the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of records may be required from any place in the United States.
(c) Aid of courts
(1) Request
In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, in requiring the attendance and testimony of the person and the production of records.
(2) Enforcement order of the court
The court may issue an enforcement order requiring the person to appear before the Secretary to produce records or to give testimony concerning the matter under investigation.
(3) Contempt
A failure to obey an enforcement order of the court under paragraph (2) may be punished by the court as a contempt of the court.
(4) Process
Process in a case under this subsection may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.
(Pub. L. 104–127, title V, § 579, Apr. 4, 1996, 110 Stat. 1083.)
7 U.S.C. § 7489 (AGRICULTURE)
§ 7489. Relation to other programs
Nothing in this subchapter preempts or supersedes any other program relating to popcorn promotion organized and operated under the laws of the United States or any State.
(Pub. L. 104–127, title V, § 580, Apr. 4, 1996, 110 Stat. 1083.)
7 U.S.C. § 7491 (AGRICULTURE)
§ 7491. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subchapter. Amounts made available under this section or otherwise made available to the Department, and amounts made available under any other marketing or promotion order, may not be used to pay any administrative expense of the Board.
(Pub. L. 104–127, title V, § 582, Apr. 4, 1996, 110 Stat. 1083.)
7 U.S.C. § 7503 (AGRICULTURE)
§ 7503. State plan
(a) Plans
(1) In general
To receive commodities under this chapter, a State shall submit to the Secretary an operation and administration plan for the provision of benefits under this chapter.
(2) Updates
A State shall submit to the Secretary for approval any amendment to a plan submitted under paragraph (1) in any case in which the State proposes to make a change to the operation or administration of a program described in the plan.
(b) Requirements
Each plan shall—
(1) designate the State agency responsible for distributing the commodities received under this chapter;
(2) set forth a plan of operation and administration to expeditiously distribute commodities under this chapter;
(3) set forth the standards of eligibility for recipient agencies; and
(4) set forth the standards of eligibility for individual or household recipients of commodities, which shall require—
(A) individuals or households to be comprised of needy persons; and
(B) individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance.
(c) State advisory board
The Secretary shall encourage each State receiving commodities under this chapter to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this chapter.
(Pub. L. 98–8, title II, § 202A, as added Pub. L. 100–77, title VIII, § 812, July 22, 1987, 101 Stat. 537; amended Pub. L. 104–193, title VIII, § 871(b), Aug. 22, 1996, 110 Stat. 2344; Pub. L. 110–234, title IV, § 4201(b), May 22, 2008, 122 Stat. 1121; Pub. L. 110–246, § 4(a), title IV, § 4201(b), June 18, 2008, 122 Stat. 1664, 1882.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 4201(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “To receive commodities under this chapter, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary.”
1996—Pub. L. 104–193 amended section generally, substituting present provisions for provisions relating to availability of flour, cornmeal, and cheese acquired by the Commodity Credit Corporation.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 4201(b) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
7 U.S.C. § 7504 (AGRICULTURE)
§ 7504. Initial processing costs
The Secretary may use funds of the Commodity Credit Corporation to pay costs of initial processing and packaging of commodities to be distributed under the program established under this chapter into forms, and in quantities, suitable, as determined by the Secretary, for use in individual households when such commodities are to be consumed by individual households or for institutional use, as applicable. The Secretary may pay such costs in the form of Corporation-owned commodities equal in value to such costs. The Secretary shall ensure that any such payments in kind will not displace commercial sales of such commodities.
(Pub. L. 98–8, title II, § 203A, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 609; amended Pub. L. 99–198, title XV, § 1565(b), Dec. 23, 1985, 99 Stat. 1591.)
heading: Amendments
text: 1985—Pub. L. 99–198 struck out “, except that wheat from the Food Security Wheat Reserve may not be used to pay such costs” after “equal in value to such costs”.
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7506 (AGRICULTURE)
§ 7506. Assurances; anticipated use
(a) The Secretary shall take such precautions as the Secretary deems necessary to assure that any eligible recipient agency receiving commodities under this chapter will provide such commodities to persons served by the eligible recipient agency and will not diminish its normal expenditures for food by reason of the receipt of such commodities. The Secretary shall also take such precautions as the Secretary deems necessary to assure that commodities made available under this chapter will not displace commercial sales of such commodities or the products thereof. The Secretary shall not make commodities available for donation in any quantity or manner that the Secretary, in the Secretary’s discretion, determines may, substitute for the same or any other agricultural produce that would otherwise be purchased in the market.
(b) Commodities provided under this chapter shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this chapter in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities.
(Pub. L. 98–8, title II, § 203C, as added Pub. L. 98–92, § 2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99–198, title XV, § 1566, Dec. 23, 1985, 99 Stat. 1591; Pub. L. 104–66, title I, § 1011(k), Dec. 21, 1995, 109 Stat. 710.)
heading: Amendments
text: 1995—Subsec. (a). Pub. L. 104–66 struck out at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
1985—Subsec. (a). Pub. L. 99–198 inserted at end “The Secretary shall submit to Congress each year a report as to whether and to what extent such displacements or substitutions are occurring.”
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7507 (AGRICULTURE)
§ 7507. State and local supplementation of commodities
(a) Authorization
The Secretary shall establish procedures under which State and local agencies, charitable institutions, or any other persons may supplement the commodities distributed under the program authorized by this chapter for use by emergency feeding organizations with nutritious and wholesome commodities that such entities or persons donate to State agencies and emergency feeding organizations for distribution, in all or part of the State, in addition to the commodities otherwise made available under this chapter.
(b) Use of funds and facilities
States and emergency feeding organizations may use the funds appropriated under this chapter and equipment, structures, vehicles, and all other facilities involved in the storage, handling, or distribution of commodities made available under this chapter, and the personnel, both paid or volunteer, involved in such storage, handling, or distribution, to store, handle or distribute commodities donated for the use of emergency feeding organizations under subsection (a) of this section.
(c) Volunteer workers
State and emergency feeding organizations shall continue, to the maximum extent practicable, to use volunteer workers and commodities and other foodstuffs donated by charitable and other organizations in the operation of the program authorized by this section.
(Pub. L. 98–8, title II, § 203D, as added Pub. L. 100–435, title I, § 102, Sept. 19, 1988, 102 Stat. 1647.)
heading: Effective Date
text: Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
7 U.S.C. § 7509 (AGRICULTURE)
§ 7509. Relationship to other programs
(a) Section 2013(b) of this title shall not apply with respect to the distribution of commodities under this chapter.
(b) Except as otherwise provided in section 7504 of this title, none of the commodities distributed under this chapter shall be sold or otherwise disposed of in commercial channels in any form.
(Pub. L. 98–8, title II, § 205, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98–92, § 2(7), Sept. 2, 1983, 97 Stat. 611; Pub. L. 110–234, title I, § 4002(b)(1)(B), (2)(I), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(I), June 18, 2008, 122 Stat. 1664, 1857, 1858.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 4002(b)(1)(B), (2)(I), made technical amendment to reference in original act which appears in text as reference to section 2013(b) of this title.
1983—Pub. L. 98–92 substituted “Relationship to other programs” for “Relationships to food stamps” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 4002(b)(1)(B), (2)(I) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
heading: Effective Date of 1983 Amendment
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effective Oct. 1, 1983.
7 U.S.C. § 7510 (AGRICULTURE)
§ 7510. Commodities not income
Notwithstanding any other provision of law, commodities distributed under this chapter shall not be considered income or resources for any purposes under any Federal, State, or local law.
(Pub. L. 98–8, title II, § 206, Mar. 24, 1983, 97 Stat. 36.)
7 U.S.C. § 7511 (AGRICULTURE)
§ 7511. Prohibition against certain State charges
Whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary for distribution within the States to eligible recipient agencies, the State may not charge recipient agencies any amount that is in excess of the State’s direct costs of storing and transporting the commodities to recipient agencies minus any amount the Secretary provides the State for the costs of storing and transporting such commodities.
(Pub. L. 98–8, title II, § 208, Mar. 24, 1983, 97 Stat. 36.)
7 U.S.C. § 7513 (AGRICULTURE)
§ 7513. Finality of determinations
Determinations made by the Secretary of Agriculture under this chapter and the facts constituting the basis for any donation of commodities under this chapter, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.
(Pub. L. 98–8, title II, § 211, as added Pub. L. 98–92, § 2(10), Sept. 2, 1983, 97 Stat. 612.)
heading: Effective Date
text: Pub. L. 98–92, § 2, Sept. 2, 1983, 97 Stat. 608, provided in part that this section is effective Oct. 1, 1983.
7 U.S.C. § 7514 (AGRICULTURE)
§ 7514. Incorporation of additional commodities
(a) In general
The Secretary shall administer the program authorized under this chapter in a manner that incorporates into the program additional commodities purchased by the Secretary under section 7515 of this title to be distributed to States for use in such States by emergency feeding organizations, as defined in section 7501(1) 1 of this title. Such additional commodities, to the extent practicable and appropriate, shall include commodities purchased within a given State for distribution within such State.
(b) Supplement commodities available
The Secretary shall supplement the commodities made available to emergency feeding organizations under sections 7502 and 7507(a) of this title with nutritious and useful commodities purchased by the Secretary under section 7515 of this title.
(Pub. L. 98–8, title II, § 213, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648.)
heading: References in Text
text: Section 7501 of this title, referred to in subsec. (a), was subsequently amended, and section 7501(1) no longer defines the term “emergency feeding organization”. However, such term is defined elsewhere in that section.
heading: Effective Date
text: Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
7 U.S.C. § 7516 (AGRICULTURE)
§ 7516. Settlement and adjustment of claims
(a) In general
The Secretary or a designee of the Secretary shall have the authority to—
(1) determine the amount of, settle, and adjust any claim arising under this chapter; and
(2) waive such a claim if the Secretary determines that to do so will serve the purposes of this chapter.
(b) Litigation
Nothing contained in this section shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28 to conduct litigation on behalf of the United States.
(Pub. L. 98–8, title II, § 215, as added Pub. L. 102–237, title IX, § 922(b), Dec. 13, 1991, 105 Stat. 1888.)
heading: Effective Date
text: Section effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.
7 U.S.C. § 7611 (AGRICULTURE)
§ 7611. Standards for Federal funding of agricultural research, extension, and education
(a) In general
The Secretary shall ensure that agricultural research, extension, or education activities described in subsection (b) of this section address a concern that—
(1) is a priority, as determined under section 7612(a) of this title; and
(2) has national, multistate, or regional significance.
(b) Application
Subsection (a) of this section applies to—
(1) research activities conducted by the Agricultural Research Service; and
(2) research, extension, or education activities administered, on a competitive basis, by the National Institute of Food and Agriculture.
(Pub. L. 105–185, title I, § 101, June 23, 1998, 112 Stat. 526; Pub. L. 110–234, title VII, § 7511(c)(29), May 22, 2008, 122 Stat. 1270; Pub. L. 110–246, § 4(a), title VII, § 7511(c)(29), June 18, 2008, 122 Stat. 1664, 2031.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (b)(2). Pub. L. 110–246, § 7511(c)(29), substituted “National Institute of Food and Agriculture” for “Cooperative State Research, Education, and Extension Service”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Amendment by section 7511(c)(29) of Pub. L. 110–246 effective Oct. 1, 2009, see section 7511(c) of Pub. L. 110–246, set out as a note under section 1522 of this title.
7 U.S.C. § 7614 (AGRICULTURE)
§ 7614. Definitions
Except as otherwise provided in this section and sections 7614a to 7614c of this title,1 in this section and sections 7614a to 7614c of this title: 1
(1) Capacity and infrastructure program
The term “capacity and infrastructure program” has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1
(2) Capacity and infrastructure program critical base funding
The term “capacity and infrastructure program critical base funding” means the aggregate amount of Federal funds made available for capacity and infrastructure programs for fiscal year 2006, as appropriate.
(3) Competitive program
The term “competitive program” has the meaning given the term in subsection (f)(1) of section 6971 of this title (as added by section 7511(a)(4)).1
(4) Competitive program critical base funding
The term “competitive program critical base funding” means the aggregate amount of Federal funds made available for competitive programs for fiscal year 2006, as appropriate.
(5) Hispanic-serving agricultural colleges and universities
The term “Hispanic-serving agricultural colleges and universities” has the meaning given the term in section 3103 of this title.
(6) NLGCA Institution
The term “NLGCA Institution” has the meaning given the term in section 3103 of this title.
(7) 1862 Institution; 1890 Institution; 1994 Institution
The terms “1862 Institution”, “1890 Institution”, and “1994 Institution” have the meanings given the terms in section 7601 of this title.
(Pub. L. 110–234, title VII, § 7501, May 22, 2008, 122 Stat. 1256; Pub. L. 110–246, § 4(a), title VII, § 7501, June 18, 2008, 122 Stat. 1664, 2018.)
heading: References in Text
text: This section and sections 7614a to 7614c of this title, referred to in text, was in the original “this subtitle”, and was translated as meaning “this part”, meaning part I (§§ 7501 to 7506) of subtitle E of title VII of Pub. L. 110–246, June 18, 2008, 122 Stat. 2018, to reflect the probable intent of Congress.
Section 7511(a)(4), referred to in pars. (1) and (3), means section 7511(a)(4) of Pub. L. 110–246.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 7614b (AGRICULTURE)
§ 7614b. Review of plan of work requirements
(a) Review
The Secretary shall work with university partners in extension and research to review and identify measures to streamline the submission, reporting under, and implementation of plan of work requirements, including those requirements under—
(1) sections 3221(d) and 3222(c) of this title;
(2) section 361g of this title; and
(3) section 344 of this title.
(b) Consultation
In carrying out the review and formulating and compiling the recommendations, the Secretary shall consult with the land-grant institutions.
(Pub. L. 110–234, title VII, § 7505, May 22, 2008, 122 Stat. 1258; Pub. L. 110–246, § 4(a), title VII, § 7505, June 18, 2008, 122 Stat. 1664, 2020.)
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Agricultural Research, Extension, and Education Reform Act of 1998, which in part comprises this chapter.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.