dreamproit/uscode huggingface dataset:
7 U.S.C. § 4904 (AGRICULTURE)
§ 4904. Notice and hearings
(a) When sufficient evidence, as determined by the Secretary, is presented to the Secretary by watermelon producers, handlers, and importers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this chapter, the Secretary shall give due notice and opportunity for a hearing on a proposed plan. Such hearing may be requested by watermelon producers, handlers, or importers or by any other interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan.
(b) After notice and opportunity for hearing as provided in subsection (a) of this section, the Secretary shall issue a plan if the Secretary finds, and sets forth in such plan, on the evidence introduced at the hearing that the issuance of the plan and all the terms and conditions thereof will tend to effectuate the declared policy of this chapter.
(Pub. L. 99–198, title XVI, § 1645, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, § 8(c), Dec. 14, 1993, 107 Stat. 2261.)
heading: Editorial Notes
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–189 substituted “, handlers, and importers” for “and handlers” and “, handlers, or importers” for “or handlers”.
7 U.S.C. § 4909 (AGRICULTURE)
§ 4909. Petition and review
(a) Any person subject to a plan may file a written petition with the Secretary, stating that the plan or any provision of the plan, or any obligation imposed in connection therewith, is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The person shall be given an opportunity for a hearing on the petition, in accordance with regulations prescribed by the Secretary. After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with the law.
(b) The district courts of the United States in any district in which the person is an inhabitant, or in which the person’s principal place of business is located, are hereby vested with jurisdiction to review such ruling, provided that a complaint for that purpose is filed within twenty days from the date of the entry of the ruling. Service of process in such proceedings may be had on the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that the ruling is not in accordance with law, it shall remand the proceedings to the Secretary with directions either to (1) make such ruling as the court shall determine to be in accordance with law, or (2) take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted under subsection (a) shall not impede or delay the United States or the Secretary from obtaining relief under section 4910(a) 1 of this title.
(Pub. L. 99–198, title XVI, § 1650, Dec. 23, 1985, 99 Stat. 1627.)
heading: Editorial Notes
heading: References in Text
text: Section 4910(a) of this title, referred to in subsec. (b), was in the original “section 1851(a)”, a nonexistent section in Pub. L. 99–198, and has been translated as if the reference had been to “section 1651(a)” to reflect the probable intent of Congress.
7 U.S.C. § 4912 (AGRICULTURE)
§ 4912. Requirement of referendum
(a) The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.
(b) A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.
(Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629; Pub. L. 103–189, §§ 2, 8(i), Dec. 14, 1993, 107 Stat. 2259, 2262.)
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–189 designated existing provisions as subsec. (a), added subsec. (b), and in subsec. (a) substituted “, handlers, and importers” for “and handlers” in two places and “, handling, or importing” for “or handling” in first sentence, substituted “, handler, or importer” for “or handler” and “, handled, or imported” for “or handled” in sentence beginning with “The ballots”, and struck out after first sentence “The referendum shall be conducted at the county extension offices. No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum.”
7 U.S.C. § 4913 (AGRICULTURE)
§ 4913. Suspension or termination of plans
(a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.
(b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.
(Pub. L. 99–198, title XVI, § 1654, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 8(j), Dec. 14, 1993, 107 Stat. 2263.)
heading: Editorial Notes
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.”
Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress.
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” and “, handlers, and importers” for “and handlers” in two places, and in second sentence, substituted “, handle, or import” for “or handle” and “50 percent of the combined total” for “50 per centum”.
7 U.S.C. § 4914 (AGRICULTURE)
§ 4914. Amendment procedure
(a) In general
Before a plan issued by the Secretary under this chapter may be amended, the Secretary shall publish the proposed amendments for public comment and conduct a referendum in accordance with section 4912 of this title.
(b) Separate consideration of amendments
(1) In general
The amendments described in paragraph (2) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to section 4912 of this title before the Secretary alters the plan as in effect on the day before December 14, 1993.
(2) Amendments
The amendments referred to in paragraph (1) are the amendments to a plan required under—
(A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and
(B) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan.
(3) Importers
When conducting the referendum relating to subjecting importers to the terms and conditions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments to a plan were approved.
(Pub. L. 99–198, title XVI, § 1655, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 10, Dec. 14, 1993, 107 Stat. 2264.)
heading: Editorial Notes
heading: References in Text
text: The Watermelon Research and Promotion Improvement Act of 1993, referred to in subsec. (b)(1), (2), is Pub. L. 103–189, Dec. 14, 1993, 107 Stat. 2259, which amended this section and sections 4901 to 4904, 4906, 4908, and 4911 to 4913 of this title, and enacted provisions set out as a note under section 4901 of this title. Section 7 of the Act amended section 4906 of this title. Section 8 of the Act amended sections 4901 to 4904, 4906, 4908, and 4911 to 4913 of this title. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 4901 of this title and Tables.
heading: Amendments
text: 1993—Pub. L. 103–189 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter applicable to plans shall be applicable to amendments to plans.”
7 U.S.C. § 5001...5007 (AGRICULTURE)
§§ 5001 to 5007. Omitted
heading: Editorial Notes
heading: Codification
text: Sections 5001 to 5007 were omitted pursuant to section 5007 which provided that this chapter and the National Commission on Agriculture and Rural Development Policy established by this chapter terminated 5 years after Dec. 23, 1985.
Section 5001, Pub. L. 99–198, title XVII, § 1722, Dec. 23, 1985, 99 Stat. 1637; Pub. L. 100–71, title V, § 519(a)(2), July 11, 1987, 101 Stat. 475, defined “Commission”, “Governor”, and “State”.
Section 5002, Pub. L. 99–198, title XVII, § 1723, Dec. 23, 1985, 99 Stat. 1637; Pub. L. 100–71, title V, § 519(a)(2), July 11, 1987, 101 Stat. 475, provided for establishment of the Commission, appointment of its members by President, election of Chairman, and meetings of the Commission.
Section 5003, Pub. L. 99–198, title XVII, § 1724, Dec. 23, 1985, 99 Stat. 1638, related to studies to be conducted by the Commission.
Section 5004, Pub. L. 99–198, title XVII, § 1725, Dec. 23, 1985, 99 Stat. 1639, provided for annual reports to President and Congress.
Section 5005, Pub. L. 99–198, title XVII, § 1726, Dec. 23, 1985, 99 Stat. 1639, provided for administrative operations of the Commission, member compensation, appointment and compensation of director and staff, and maintenance of records.
Section 5006, Pub. L. 99–198, title XVII, § 1727, Dec. 23, 1985, 99 Stat. 1640, authorized appropriations to carry out chapter.
Section 5007, Pub. L. 99–198, title XVII, § 1728, Dec. 23, 1985, 99 Stat. 1640, provided that this chapter and the Commission terminate five years after Dec. 23, 1985.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Section 1721 of subtitle C (§§ 1721–1728) of title XVII of Pub. L. 99–198, as amended by Pub. L. 100–71, title V, § 519(a)(1), July 11, 1987, 101 Stat. 475, provided that this subtitle, which enacted this chapter, could be cited as the “National Commission on Agriculture and Rural Development Policy Act of 1985”.
7 U.S.C. § 5102 (AGRICULTURE)
§ 5102. Matching grants to States
(a) Matching grants
Within 60 days after the Secretary certifies the State as a qualifying State under section 5101(b) of this title, the Secretary shall provide financial assistance to the State, in accordance with subsection (b), for the operation and administration of the mediation program.
(b) Amount of grant
(1) In general
Subject to paragraph (2), the Secretary shall pay to a State under subsection (a) not more than 70 percent of the cost of the operation and administration of the mediation program within the State.
(2) Maximum amount
The Secretary shall not pay more than $500,000 per year to a single State under subsection (a).
(c) Use of grant
(1) In general
Each State that receives an amount paid under subsection (a) shall use that amount only for the operation and administration of the mediation program of the State with respect to which the amount was paid.
(2) Operation and administration expenses
For purposes of paragraph (1), operation and administration expenses for which a grant may be used include—
(A) salaries;
(B) reasonable fees and costs of mediators;
(C) office rent and expenses, such as utilities and equipment rental;
(D) office supplies;
(E) administrative costs, such as workers’ compensation, liability insurance, the employer’s share of Social Security, and necessary travel;
(F) education and training;
(G) security systems necessary to ensure the confidentiality of mediation sessions and records of mediation sessions;
(H) costs associated with publicity and promotion of the mediation program;
(I) preparation of the parties for mediation; and
(J) financial advisory and counseling services for parties requesting mediation.
(d) Penalty
If the Secretary determines that a State has not complied with subsection (c), such State shall not be eligible for additional financial assistance under this chapter.
(Pub. L. 100–233, title V, § 502, Jan. 6, 1988, 101 Stat. 1663; Pub. L. 102–554, § 22, Oct. 28, 1992, 106 Stat. 4161; Pub. L. 103–354, title II, § 282(f)(1)(A), Oct. 13, 1994, 108 Stat. 3235; Pub. L. 106–472, title III, § 306(b), Nov. 9, 2000, 114 Stat. 2072.)
heading: Editorial Notes
heading: Amendments
text: 2000—Subsec. (c). Pub. L. 106–472 designated existing provisions as par. (1), inserted heading, and added par. (2).
1994—Subsecs. (a), (b)(1), (c). Pub. L. 103–354 struck out “agricultural loan” before “mediation program”.
1992—Subsec. (b)(1). Pub. L. 102–554, § 22(1), substituted “70” for “50”.
Subsec. (c). Pub. L. 102–554, § 22(2), inserted before period at end “with respect to which the amount was paid”.
7 U.S.C. § 5104 (AGRICULTURE)
§ 5104. Regulations
The Secretary and the Farm Credit Administration shall prescribe such regulations as may be necessary to carry out this chapter. The regulations prescribed by the Secretary shall require qualifying States to adequately train mediators to address all of the issues covered by the mediation program of the State.
(Pub. L. 100–233, title V, § 504, Jan. 6, 1988, 101 Stat. 1664; Pub. L. 103–354, title II, § 282(c), Oct. 13, 1994, 108 Stat. 3235.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–354 in first sentence substituted “The” for “Within 150 days after January 6, 1988, the” and inserted at end “The regulations prescribed by the Secretary shall require qualifying States to adequately train mediators to address all of the issues covered by the mediation program of the State.”
7 U.S.C. § 5105 (AGRICULTURE)
§ 5105. Report
Not later than 2 years after December 20, 2018, the Secretary shall submit to Congress a report describing—
(1) the effectiveness of the State mediation programs receiving matching grants under this chapter;
(2) recommendations for improving the delivery of mediation services to producers;
(3) the steps being taken to ensure that State mediation programs receive timely funding under this chapter; and
(4) the savings to the States as a result of having a mediation program.
(Pub. L. 100–233, title V, § 505, Jan. 6, 1988, 101 Stat. 1664; Pub. L. 103–354, title II, § 282(d), (f)(1), Oct. 13, 1994, 108 Stat. 3235; Pub. L. 115–334, title V, § 5402(b), Dec. 20, 2018, 132 Stat. 4675.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 amended section generally. Prior to amendment, section required a report related to mediation programs no later than Jan. 1, 1998.
1994—Pub. L. 103–354 in introductory provisions substituted “1998” for “1990”, in par. (1) struck out “agricultural loan” before “mediation programs”, and in par. (3) substituted “a mediation” for “an agricultural loan mediation”.
7 U.S.C. § 5106 (AGRICULTURE)
§ 5106. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter $7,500,000 for each of the fiscal years 1988 through 2023.
(Pub. L. 100–233, title V, § 506, Jan. 6, 1988, 101 Stat. 1664; Pub. L. 101–624, title XVIII, § 1853, Nov. 28, 1990, 104 Stat. 3837; Pub. L. 103–354, title II, § 282(e), Oct. 13, 1994, 108 Stat. 3235; Pub. L. 106–472, title III, § 306(c), Nov. 9, 2000, 114 Stat. 2073; Pub. L. 109–17, § 1, June 29, 2005, 119 Stat. 339; Pub. L. 111–233, § 2, Aug. 16, 2010, 124 Stat. 2493; Pub. L. 113–79, title V, § 5401, Feb. 7, 2014, 128 Stat. 840; Pub. L. 115–334, title V, § 5402(c), Dec. 20, 2018, 132 Stat. 4675.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 substituted “2023” for “2018”.
2014—Pub. L. 113–79 substituted “2018” for “2015”.
2010—Pub. L. 111–233 substituted “2015” for “2010”.
2005—Pub. L. 109–17 substituted “2010” for “2005”.
2000—Pub. L. 106–472 substituted “2005” for “2000”.
1994—Pub. L. 103–354 substituted “2000” for “1995”.
1990—Pub. L. 101–624 substituted “1995” for “1991”.
7 U.S.C. § 5301 (AGRICULTURE)
§ 5301. Congressional statement of purposes
The purposes of this chapter are to—
(1) make more effective use of Federal and State expenditures for nutrition monitoring, and enhance the performance and benefits of current Federal nutrition monitoring and related research activities;
(2) establish and facilitate the timely implementation of a coordinated National Nutrition Monitoring and Related Research Program, and thereby provide a scientific basis for the maintenance and improvement of the nutritional status of the people of the United States and the nutritional quality (including, but not limited to, nutritive and nonnutritive content) of food consumed in the United States;
(3) establish and implement a comprehensive plan for the National Nutrition Monitoring and Related Research Program to assess, on a continuing basis, the dietary and nutritional status of the people of the United States and the trends with respect to such status, the state of the art with respect to nutrition monitoring and related research, future monitoring and related research priorities, and the relevant policy implications;
(4) establish and improve the quality of national nutritional and health status data and related data bases and networks, and stimulate research necessary to develop uniform indicators, standards, methodologies, technologies, and procedures for nutrition monitoring;
(5) establish a central Federal focus for the coordination, management, and direction of Federal nutrition monitoring activities;
(6) establish mechanisms for addressing the nutrition monitoring needs of Federal, State, and local governments, the private sector, scientific and engineering communities, health care professionals, and the public in support of the foregoing purposes; and
(7) provide for the conduct of such scientific research and development as may be necessary or appropriate in support of such purposes.
(Pub. L. 101–445, § 2, Oct. 22, 1990, 104 Stat. 1034.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 101–445, § 1, Oct. 22, 1990, 104 Stat. 1034, provided that: “This Act [enacting this chapter] may be cited as the ‘National Nutrition Monitoring and Related Research Act of 1990’.”
7 U.S.C. § 5311a (AGRICULTURE)
§ 5311a. Joint nutrition monitoring and related research activities
The Secretary and the Secretary of Health and Human Services shall continue to provide jointly for national nutrition monitoring and related research activities carried out as of the date of enactment of this Act—
(1) to collect continuous dietary, health, physical activity, and diet and health knowledge data on a nationally representative sample;
(2) to periodically collect data on special at-risk populations, as identified by the Secretaries;
(3) to distribute information on health, nutrition, the environment, and physical activity to the public in a timely fashion;
(4) to analyze new data that becomes available;
(5) to continuously update food composition tables; and
(6) to research and develop data collection methods and standards.
(Pub. L. 110–234, title IV, § 4403, May 22, 2008, 122 Stat. 1137; Pub. L. 110–246, § 4(a), title IV, § 4403, June 18, 2008, 122 Stat. 1664, 1898.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this Act, referred to in text, is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
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 National Nutrition Monitoring and Related Research Act of 1990 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress.
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.
7 U.S.C. § 5316 (AGRICULTURE)
§ 5316. Annual budget submission
(a) Annual report
The President, at the same time as the submission of the annual budget to the Congress, shall submit a report to the Committees on Agriculture and Science, Space, and Technology of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Governmental Affairs of the Senate on expenditures required for carrying out the coordinated program and implementing the comprehensive plan. The report shall detail, for each of the agencies that are allocated responsibilities under the coordinated program—
(1) the amounts spent on the coordinated program during the fiscal year most recently ended;
(2) the amounts expected to be spent during the current fiscal year; and
(3) the amounts requested in the annual budget for the fiscal year for which the budget is being submitted.
(b) Existing authority not affected
Nothing in this subchapter is intended to either—
(1) authorize the appropriation or require the expenditure of any funds in excess of the amount of funds that would be authorized or expended for the same purposes in the absence of the coordinated program; or
(2) limit the authority of any of the participating agencies to request and receive funds for such purposes (for use in the coordinated program) under other laws.
(Pub. L. 101–445, title I, § 106, Oct. 22, 1990, 104 Stat. 1040.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 31), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.