An Act to provide price and income protection for farmers and assure consumers of an abundance of food and fiber at reasonable prices, and for other purposes.
PL 95-113 (S.275), enacted 09/29/1977

PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 913 
Public Law 95-113 
95th Congress 
An Act 
Sent 2Q 1977 
To provide price and income protection for farmers and assure consumers of an 
r ' 
' 
abundance of food and liber at reasonable prices, and for other purposes. 
[S. 275] 
Be it enacted hy the Senate a)id House of Rejfresentatives of the 
United States of Ainerlca in Congress assembled^ Tliat this Act, with Food and 
the following table of contents, m a y be cited as the " F o o d and Agriciil- 
Agriculture Act 
t u r e A c t o f l 9 7 7 " . 
f i f ^ / i o P i 
, 
T A B L E OF C O N T E N T S 
^ ^ ^ ^ ^281 note. 
TITLE I—PAYMENT LIMITATION FOR WHEAT, FEED GRAINS, 
UPLAND COTTON, AND RICE 
Sec. 101. Payment limitation. 
Sec. 102. Family farms. 
See. 103. Study on prohibiting payments to certain legal entities. 
Sec. 104. Conforming amendment. 
TITLE II—DAIRY AND BEEKEEPER PROGRAMS 
Sec. 201. Dairy base plans. 
Sec. 202. Producer handlers. 
Sec. 203. Milk price support. 
Sec. 204. Transfer of dairy products to the military and veterans hospitals. 
Sec. 205. Dairy indemnity program. 
Sec. 206. Standard of quality for ice cream. 
Sec. 207. Beekeeper indemnity program. 
t 
TITLE III—WOOL AND MOHAIR 
Sec. 301. Declaration of policy. 
See. 302. Extension of Act; support price. 
; 
TITLE IV-^WHEAT 
Sec. 401. Loan rates and target prices for the 1977 through 1981 crops. 
Sec. 402. Program acreages and payment yields ; set-aside program. 
Sec. 403. Nonapplicability of certificate requirements. 
Sec. 404. Suspension of marketing quotas and producer certificate provisions. 
Sec. 405. Finality of determinations. 
Sec. 406. Suspension of quota provisions. 
Sec. 407. Application of terms in the Agricultural Act of 1949. 
Sec. 408. Commodity Credit Corporation sales price restrictions for wheat and 
feed grains. 
Sec. 409. Nonapplicability of section 107 of the Agricultural Act of 1949 to the 
1977 through 1981 crops of wheat. 
Sec. 410. Nonapplicability of section 107 of the Agricultural Act of 1949, as 
amended, to the 1977 crop of wheat. 
TITLE V—FEED GRAINS 
Sec. 501. Loan rates and target prices for the 1977 through 1981 crops. 
Sec. 502. Program acreages and payment yields; set-aside program. 
Sec. 503. Nonapplicability of section 105 of the Agricultural Act of 1949 to the 
1977 through 1981 crops of feed grains. 
Sec. 504. Nonapplicability of section 105 of the Agricultural Act of 1949, as 
amended, to the 1977 crop of feed grains. 
TITLE VI—UPLAND COTTON 
Sec. 601. Base acreage allotments; suspension of marketing quotas, and related 
provisions. 
Sec. 602. Cotton production incentives; loan rate and target price; set-aside 
program. 
91 STAT. 914 
PUBLIC LAW 95-113—SEPT. 29, 1977 
TABLE OF CONTENTS—Continued 
TITLE VI—UPLAND COTTON—Continued 
Sec. 603. Commodity Credit Corporation sales price restrictions. 
Sec. 604. Miscellaneous cotton provisions. 
Sec. 605. Skiprow practices. 
Sec. 606. Preliminary allotments for 1982 crop of upland cotton. 
Sec. 607. Extra long staple cotton. 
TITLE VII—BICE 
Sec. 701. National acreage allotment and allocation. 
Sec. 702. Loan rates, target prices, and set-aside for the 1978 through 1981 crops. 
Sec. 703. Suspension of marketing quotas and other provisions. 
Sec. 704. Definition of cooperator. 
Sec. 705. Conforming amendment. 
TITLE VIII—PEANUTS 
Sec. 801. Annual marketing quota and State acreage allotment. 
Sec. 802. National acreage allotment; national poundage quota; farm poundage 
quota; and definitions. 
Sec. 803. Sale, lease, and transfer of acreage allotments. 
Sec. 804. Marketing penalties; disposition of additional peanuts. 
Sec. 805. Reports and records. 
Sec. 806. Preservation of unused allotments. 
Sec. 807. Price support program. 
TITLE IX—SOYBEANS AND SUGAR 
Sec. 901. Soybean price support. 
Sec. 902. Sugar price support. 
TITLE X—MISCELLANEOUS 
Sec. 1001. Set-aside of normally planted acreage. 
Sec. 1002. American agriculture protection program. 
Sec. 1003. Budget amendment. 
Sec. 1004. Special grazing and hay program. 
Sec. 1005. Daily release of reports of export sales of agricultural commodities. 
Sec. 1006. Filberts. 
TITLE XI—GRAIN RESERVES 
Sec. 1101. Producer storage program for wheat and feed grains. 
Sec. 1102. International emergency food reserve. 
Sec. 1103. Disaster reserve. 
Sec. 1104. Farm storage facility loans. 
Sec. 1105. Emergency feed program, 
TITLE XII—PUBLIC LAW 480 
Sec. 1201. Authority for the Commodity Credit Corporation to act as purchasing 
or shipping agent under title I. 
Sec. 1202. Title I sales procedures. 
Sec. 1203. Increased appropriation limit for title II. 
Sec. 1204. Availability of commodities. 
Sec. 1205. Financing the sale of food and fiber commodities. 
Sec. 1206. Valuation of commodities acquired through price support programs. 
Sec. 1207. Revised regulations governing operations; bagged commodities. 
Sec. 1208. Extension of the program. 
Sec. 1209. Use of nonprice-supported commodities under Public Law 480. 
Sec. 1210. Special task force on the operation of Public Lave 480. 
TITLE XIII—FOOD STAMP AND COMMODITY DISTRIBUTION 
PROGRAMS 
Sec. 1301. Food Stamp Act of 1964 amendments. 
Sec. 1302. Conforming amendments. 
Sec. 1303. Implementation of the Food Stamp Act of 1977. 
Sec. 1304. Commodity distribution programs. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 915 
T A B L E OF C O N T E N T S — C o n t i n u e d 
TITLE XIV—NATIONAL AGRICULTURAL RESEARCH, EXTENSION, 
AND TEACHING POLICY ACT OF 1977 
Sec. 1401. Short title. 
SUBTITLE A—FINDINGS, PURPOSKS, AND DEFINITIONS 
Sec. 1402. Findings. 
Sec. 1403. Purposes. 
Sec. 1404. Definitions. 
SUBTITLE B—COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH, 
EXTENSION, AND TEACHING 
Sec. 1405. Responsibilities of the Secretary and Department of Agriculture. 
Sec. 1406. Federal Subcommittee on Food and Renewable Resources. 
Sec. 1407. Joint Council on Food and Agricultural Sciences. 
Sec. 1408. National Agricultural Research and Extension Users Advisory Board. 
Sec. 1409. Existing research programs. 
Sec. 1410. Secretary's report. 
Sec. 1411. Libraries and information network. 
Sec. 1412. Support for the Joint Council and Advisory Board. 
Sec. 1413. General provisions. 
SUBTITLE C—AGRICULTURAL RESEARCH AND EDUCATION GRANTS AND 
FELLOWSHIPS 
Sec. 1414. Program of competitive, special, and facilities grants for agricultural 
research. 
Sec. 1415. Grants to establish or expand schools of veterinary medicine. 
Sec. 1416. Amendments to the Research Facilities Act of 1963. 
Sec. 1417. Grants and fellowships for food and agricultural sciences education. 
Sec. 1418. National agricultural research award. 
Sec. 1419. Grants for research on the production and marketing of alcohols and 
industrial hydrocarbons from agricultural commodities and forest 
products, and agricultural chemicals and other products from coal 
derivatives. 
Sec. 1420. Pilot projects for the production and marketing of industrial hydro-
carbons and alcohols from agricultural commodities and forest 
products. 
Si'BTJTLE D—NATIONAL FOOD AND HUMAN NUTRITION RESEARCH AND EXTENSION 
PROGRAM 
Sec. 1421. Findings and declarations. 
Sec. 1422. Duties of the Secretary of Agriculture. 
Sec. 1423. Research by the Department of Agriculture. 
Sec. 1424. Study. 
Sec. 1425. Nutrition education program. 
Sec. 1426. Nutrition education materials. 
Sec. 1427. Report to Congress. 
Sec. 1428. Nutritional status monitoring. 
SUBTITLE E—ANIMAL HEALTH AND DISEASE RESEABOH 
Sec. 1429. Purpose. 
Sec. 1430. Definitions. 
Sec. 1431. Authorization to the Secretary of Agriculture. 
Sec. 1432. Animal Health Science Research Advisory Board. 
Sec. 1433. Appropriations for continuing animal health and disease research 
programs. 
Sec. 1434. Appropriations for research on national or regional problems. 
Sec. 1435. Availability of appropriated funds. 
Sec. 1436. Withholding of appropriated funds. 
Sec. 1437. Requirements for use of funds. 
Sec. 1438. Matching funds. 
Sec. 1439. Allocations under this subtitle not substitutions. 
91 STAT. 916 
PUBLIC LAW 95-113—SEPT. 29, 1977 
T A B L E OF C O N T E N T S — C o n t i n u e d 
TITLE XIV—NATIONAL AGRICULTURAL RESEARCH, EXTENSION, 
AND TEACHING POLICY ACT OF 1977—Continued 
SUBTITLE F—SMALL FARM RESEARCH AND EXTENSION 
Sec. 1440. Small farm research and extension programs. 
Sec. 1441. Program moneys. 
Sec. 1442. Definition of small farmer. 
* 
Sec. 1443. Reports. 
SUBTITLE G—1890 LAND-GRANT COLLEGE FUNDING 
Sec. 1444. Extension at 1890 land-grant colleges, including Tuskegee Institute. 
Sec. 1445. Agricultural research at 1890 land-grant colleges, including Tuskegee 
Institute. 
SUBTITLE H—SOLAR ENERGY RESEARCH AND DEVELOPMENT 
PART 1—EXISTING PROGRAMS 
Sec. 1446. Agricultural research. 
Sec. 1447. Agricultural extension. 
. 
. 
Sec. 1448. Rural development. 
PART 2—COMPETITIVE GRANTS PROGRAM 
Sec. 1449. Competitive grants i>rogram. 
PART 3—INFORMATION SYSTEM AND ADVISORY COMMITTEE 
Sec. 1450. Solar energy research information system. 
Sec. 1451. Advisory Committee. 
PART 4 
MODEL FARMS AND DEMONSTRATON PROJECTS 
Sec. 1452. Model farms. 
Sec. 1453. Demonstration projects. 
Sec. 1454. Authorization for appropriations. 
PART 5—REGIONAL SOLAR ENERGY RESEARCH AND DEVELOPMENT CENTERS 
Sec. 1455. Regional solar energy research and development centers. 
PART 6—APPROPRIATIONS AND DEFINITIONS 
Sec. 1456. Authorization for appropriations. 
Sec. 1457. Definitions. 
/ 
SUBTITLE I—INTERNATIONAL AGRICULTURAL RESEARCH AND EXTENSION 
Sec. 1458. International agricultural research and extension. 
SUBTITLE J—STUDIES 
Sec. 1459. Evaluation of the Extension Service and the Cooperative Extension 
Services. 
Sec. 1460. "Weather and water allocation study. 
Sec. 1461. Organic farming study. 
See. 1462. Agricultural research facilities study. 
SUBTITLE K-—FUNDING AND MISCELLANEOUS 
PROVISIONS 
V. 
Sec. 1463. Authorization for appropriations for existing and certain new agri-
cultural research programs. 
Sec. 1464. Authorization for appropriations for extension education. 
Sec. 1465. Extension programs for Guam and the Virgin Islands of the United 
States. 
Sec. 1466. Amendments to the Hatch Act. 
Sec. 1467. Payment of funds. 
Sec. 1468. Withholding of funds. 
Sec. 1469. Auditing, reporting, bookkeeping, and administrative requirements. 
Sec. 1470. Rules and regulations. 
TITLE XV—RURAL DEVELOPMENT AND CONSERVATION 
Sec. 1501. Agricultural conservation program. 
Sec. 1502. Inclusion of aquaculture and human nutrition among the basic func-
tions of the Department of Agriculture. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 917 
TABLE or CONTENTS—Continued 
TITLE XV—RURAL DEVELOPMENT AND CONSERVATION—Continued 
Sec. 1503. Aquaculture loan authority. 
See. 1504. Disposition of excess Federal property to rural fire forces. 
Sec. 1505. Rural community fire protection program. 
Sec. 1506. Congressional approval of watershed protection and flood prevention 
projects. 
Sec. 1507. Congressional approval of resource conservation and development 
project loans. 
Sec. 1508. Watershed loan authority. 
Sec. 1509. Multiyear set-aside. 
Sec. 1510. Authority to make deferred loan payments. 
Sec. 1511. Critical lands resource conservation program. 
TITLE XVI—FEDERAL GRAIN INSPECTION 
Sec. 1601. Records. 
Sec. 1602. Supervision fees. 
Sec. 1603. Establishment of temporary advisory committee. 
Sec. 1604. Technical amendments. 
Sec. 1605. Studies of grain inspection and weighing; effective date. 
Sec. 1606. Miscellaneous amendments. 
Sec. 1607. Conforming amendments. 
Sec. 1608. Retention of designations following convictions. 
TITLE XVII—WHEAT AND WHEAT FOODS RESEARCH AND 
NUTRITION EDUCATION ACT 
Sec. 1701. Short title. 
Sec. 1702. Findings and declaration of policy. 
Sec. 1703. Definitions. 
Sec. 1704. Issuance of orders. 
Sec. 1705. Permissive terms in orders. 
Sec. 1706. Required terms in orders. 
Sec. 1707. Exemption. 
Sec. 1708. Requirement of referendum. 
Sec. 1709. Refund. 
Sec. 1710. Petition and review. 
Sec. 1711. Enforcement. 
Sec. 1712. Suspension and termination of orders. 
Sec. 1713. Investigations: power to subpena and take oaths and aflSrmations: 
aid of courts. 
Sec. 1714. Certification of organizations. 
Sec. 1715. Effect on other programs. 
Sec. 1716. Regulations. 
Sec. 1717. Provisions applicable to amendments. 
Sec. 1718. Separability. 
Sec. 1719. Authorization. 
TITLE XVIII—DEPARTMENT OF AGRICULTURE ADVISORY 
COMMITTEES 
Sec. 1801. Purposes. 
Sec. 1802. Definitions. 
Sec. 1803. Establishment of advisory committees. 
Sec. 1804. Additional duties of the Secretary. 
Sec. 1805. Membership on advisory committees. 
Sec. 1806. Advisory committee charter requirements—operating costs. 
Sec. 1807. Annual report. 
Sec. 1808. Budget prohibitions. 
Sec. 1809. Termination of advisory committees. 
TITLE XIX—EFFECTIVE DATE 
Ses. 1901. Effective date. 
TITLE I—PAYMENT LIMITATION FOR WHEAT, FEED 
GRAINS, UPLAND COTTON, AND RICE 
PAYMENT 
LIMITATION 
SEC. 101. Notwithstanding any other provision of law— 
^ U
S
C 1308. 
(1) The total amount of payments which a person shall be entitled 
to receive under— 
91 STAT. 918 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(A) one or more of the annual programs established under the 
7 use 1421 note. 
Agricultural Act of 1949, as amended, and the Agricultural 
7 use 1281. 
Adjustment Act of 1938, as amended, for wheat, feed grains, and 
upland cotton shall not exceed $40,000 for the 1978 crop and 
$45,000 for the 1979 crop; 
(B) the annual rice program established under such Acts shall 
not exceed $52,250 for the 1978 crop and $50,000 for the 1979 
crop; and 
(C) one or more of the annual programs established under such 
Acts for wheat, feed grains, upland cotton, and rice shall not 
exceed $50,000 for each of the 1980 and 1981 crops. 
"Payments." 
(2) The term "payments" as used in this section shall not include 
loans or purchases, or any part of any payment which is determined 
by the Secretary of Agriculture to represent compensation for disaster 
loss or resource adjustment (excluding land diversion payments) or 
public access for recreation. 
(3) If the Secretary determines that the total amount of payments 
which will be earned by any person under the program in effect for 
any crop will be reduced under this section, the set-aside acreage for 
the farm or farms on which such person will be sharing in payments 
earned under such program shall be reduced to such extent and in such 
manner as the Secretary determines will be fair and reasonable in 
relation to the amount of the payment reduction. 
(4) The Secretary shall issue regulations defining the term "person" 
and prescribing such rules as the Secretary determines necessary to 
assure a fair and reasonable application of such limitation: Provided. 
That the provisions of this section which limit payments to any per-
son shall not be apiJlicable to lands owned by States, political subdi-
visions, or agencies thereof, so long as such lands are farmed primarily 
in the direct furtherance of a public function, as determined by the 
Secretary. The rules for determining whether corporations and their 
stockholders may be considered as separate persons shall be in accord-
ance Avith the regulations issued by tho. Secretary on December 18, 
Post, p. 919. 
1970, under section 101 of the Agricultural Act of 1970. 
"Person." 
Rules and 
regulations. 
FAMILY FARMS 
7 use 2266. 
SEC. 102. (a) Congress hereby specifically reaffirms the historical 
policy of the United States to foster and encourage the family farm 
system of agriculture in this country. Congress firmly believes that 
the maintenance of the family farm system of agriculture is essential 
to the social well-being of the Nation and the competitive production 
of adequate supplies of food and fiber. Congress further believes that 
any significant expansion of nonfamily owned large-scale corporate 
farming enterprises will be detrimental to the national welfare. It is 
neither the policy nor the intent of Congress that agriciiltural and 
agriculture-related programs be administered exclusively for family 
farm operations, but it is the policy and the express intent of Congress 
that no such program be administered in a manner th,at will place 
the family f^rm operation at an unfair economic disadvantage. 
Annual report to 
(b) In order that Congress may be better informed regarding the 
Congress. 
status of the family farm system of agriculture in the United States, 
Contents. 
tlie Secretary of Agriculture shall submit to Congress, not later than 
July 1 of each year, a written report containing current information 
on trends in family farm operations and comprehensive national and 
State-by-State data on nonfamily farm operations in the United 
States. The Secretary shall also include in each such report (1) infor-
mation on how existing agricultural and agriculture-related programs 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 919 
are being administered to enhance and strengthen the family farm sys-
tem of agriculture in the United States, (2) an assessment of how Fed-
eral laws may encourage the growth of nonfamily farm operations, 
and (3) such other information as the Secretary deems appropriate or 
determines would aid Congress in protecting, preserving, and strength-
ening the family farm system of agriculture in the United States. 
STUDY ON PROHIBITING 
PAYMENTS TO CERTAIN 
LEGAL 
ENTITIES 
SEC. 103. In furtherance of the policy stated in section 102 of this 
Act, the Secretary of Agriculture shall conduct a study and repoit to 
Congress no later than January 1,1979, on the impact on participation 
in the wheat, feed grain, cotton, and rice programs and the production 
of such commodities in carrying out a statutory provision such as that 
included in the Food and Agriculture Act of 1977, as passed by the 
Senate on May 24,1977, prohibiting the making of payments to certain 
corporations and other entities under such programs. The study shall. 
in addition, assess the impact of extending the prohibition against 
making commodity program payments to tenants on land owned by 
such corporations and other entities which would be excluded from 
payments under such a provision. The study shall utilize, to tlie great-
est extent possible, the information on commodity program payments 
compiled by the Agricultural Stabilization and Conservation Service 
in determining payment eligibility under section 101 of the Agricul-
tural Act of 1970, as amended, and section 101 of this Act. The Secre-
tary may collect such other information as may be necessary to 
determine the impact of such a statutory provision and to identify the 
number and characteristics of producers that w^ould be affected by such 
a provision. 
CONFORMING 
AMENDMENT 
SEC. 104. Section 101 (1) of the Agricultural Act of 1970, as amended, 
is amended to read as follows: 
"(1) The total amount of payments which a pei-son shall be entitled 
to receive under one or more of the annual programs established by 
titles IV, y , and V I of this Act for the 1974 through 1976 crops of the 
commodities and by titles IV and V of the Food and Agriculture Act 
of 1977 and titles IV, V, and V I of this Act for the 1977 crop of the 
commodities shall not exceed $20,000.". 
Report to 
Congress. 
7 u s e 2266 note. 
Infra. 
Payments, 
limitation. 
7 use 1307. 
TITLE II—DAIRY AND BEEKEEPEE PROGRAMS 
DAIRY BASE PLANS 
SEC. 201. Section 201 (e) of the Agricultural Act of 1970, as amended, 
7 USe 608c note, 
is amended to read as follows: 
"(e) The provisions of this section shall not be effective after 
December 31, 1981, except with respect to orders providing for class I 
base plans issued prior to such date, but in no event shall any order so 
i 
issued extend or be effective beyond December 31, 1984.". 
PRODUCER HANDLERS 
SEC. 202. The legal status of producer handlers of milk under the 7 USe 608c note, 
provisions of the Agricultural Adjustment Act, as reenacted and 
amended by the Agricultural Marketing Agreement Act of 1937, as 
amended, shall be the same subsequent to the adoption of the amend- 
7 USe 601 note, 
ment made by the Food and Agricultuie Act of 1977 as it was prior 
thereto. 
91 STAT. 920 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 u s e 1446. 
Post, p. 949. 
Adjustments. 
Announcement. 
MILK PRICE SUPPORT 
SEC. 203. Section 201 of the Agricultural Act of 1949, as amended, 
is amended by— 
(1) striking out the second sentence in subsection (c) and 
inserting in lieu thereof a new sentence as follows: "Notwithstand-
ing the foregoing, effective for the period beginning on the effec-
tive date of the Food and Agriculture Act of 1977 and ending 
March 31, 1979, the price of milk shall be supported at not less 
than 80 per centum of the parity price therefor."; and 
(2) adding at the end thereof a new subsection (d) as follows: 
"(d) Effective for the period beginning on the effective date of the 
Food and Agriculture Act of 1977 and ending March 31, 1981, the 
support price of milk shall be adjusted by the Secretary at the begin-
ning of each semiannual period after the beginning of the marketing 
year to reflect any estimated change in the parity index during such 
semiannual period. The Secretary is authorized to adjust the support 
price of milk at the beginning of each remaining quarter in the market-
ing year to reflect any substantial change in the parity index during 
such quarterly period. Any adjustment under this subsection shall be 
announced by the Secretary not more than thirty days prior to the 
beginning of the period to which it is applicable.". 
TRANSFER OP DAIRY PRODUCTS TO THE MILITARY AND VETERANS HOSPITALS 
7 use 1446a. 
SEC. 204. Section 202 of the Agricultural Act of 1949, as amended, 
is amended by striking out "1977" in subsections (a) and (b) and 
inserting in lieu thereof "1981". 
DAIRY INDEMNITY PROGRAM 
7 use 450j. 
SEC. 205. The Act of August 13, 1968 (82 Stat. 750, as amended; 7 
U.S.C. 450 j , k, and 1), is amended by— 
V > 
(1) inserting after the first sentence a new sentence as follows: 
"The Secretary is also authorized to make indemnity payments 
for milk, or cows producing such milk, at a fair market value to 
any dairy farmer who is directed to remove his milk from com-
mercial markets because of (1) the presence of products of 
nuclear radiation or fallout if such contamination is not due to the 
fault of the farmer, or (2) residues of chemicals or toxic sub-
stances not included under the first sentence of this section if such 
chemicals or toxic substances were not used in a manner contrary 
to applicable regulations or labeling instructions provided at the 
time of use and the contamination is not due to the fault of the 
farmer: Provided^ That no indemnity payment may be made for 
contamination resulting from such residues of chemicals or toxic 
substances if the Secretary determines within thirty days after 
the date of application for payment that other legal recourse is 
available to the farmer."; and 
7 use 450/. 
(2) striking out "June 30, 1977" in section 3 and inserting in 
lieu thereof "September 30,1981". 
STANDARD OF QUALITY FOR ICE CREAM 
Regulation. 
SEC. 206. Section 203(c) of the Agricultural Marketing Act of 1946 
7 use 1622. 
is amended by adding at the end thereof the following: "Within thirty 
days after the enactment of the Food and Agriculture Act of 1977, the 
Secretary shall by regulation adopt a standard of quality for ice cream 
which shall provide that ice cream shall contain at least 1.6 pounds of 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 921 
total solids to the gallon, weigh not less than 4.5 pounds to the gallon 
and contain not less than 20 percent total milk solids, constituted of 
not less than 10 percent milkfat. In no case shall the content of milk 
solids not fat be less than 6 percent. Whey shall not, by weight, be 
more than 25 percent of the milk solids not fat. Only those products 
which meet the standard issued by the Secretary may bear a symbol 
thereon indicating that they meet the Department of Agriculture 
standard for 'ice cream'.". 
BEEKEEPER INDEMNITY 
PROGRAM 
SEC. 207. Section 804 (f) of the Agricultural Act of 1970, as amended, 7 USC 135b note. 
is amended by striking out "December 31, 1977" and inserting in lieu 
thereof "September 30, 1981". 
TITLE III—WOOL AND MOHAIR 
, 
DECLARATIOX OF POLICY 
SEC. 301. Section 702 of the National Wool Act of 1954, as amended, 7 U
S
C 1781. 
is amended to read as follows: 
"SEC. 702. It is hereby recognized that wool is an essential, strategic, 
and energy-efficient commodity which is not produced in the United 
States in sufficient quantities and grades to meet the domestic needs; 
and that the desired domestic production of wool is impaired by pred-
atory animals and by the depressing effects of wide fluctuations in 
the price of wool in the world markets. It is hereby declared to be 
the policy of Congress, as a measure of national security and to pro-
mote the general economic welfare, a positive balance of trade, and 
the efficient use of the Nation's resources, to encourage the continued 
domestic production of wool at prices fair to both producers and con-
sumers in a manner which will assure a viable domestic wool industry 
in the future.". 
EXTENSION o r 
A C T ; 
S U P P O R T 
P R I C E 
SEC. 302. Section 703 of the National Wool Act of 1954, as amended, 7 U
S
C 1782. 
is amended by— 
(1) striking out "1977" in subsection (a) and inserting in lieu 
thereof "1981"; 
(2) striking out "1977" in subsection (b) and inserting in lieu 
thereof "1976"; 
(3) inserting immediately before the period at the end of 
subsection (b) a new proviso as follows: ": Provided further^ 
That for the marketing years beginning January 1, 1977, and 
ending December 31, 1981, the support price for shorn wool shall 
be 85 per centum (rounded to the nearest full cent) of the amount 
calculated according to the foregoing formula"; and 
(4) striking out "1977" in subsection (c) and inserting in lieu 
thereof "1976". 
TITLE IV—WHEAT 
LOAN R A T E S A N D TARGET PRICES FOR THE 19 77 THROUGH 1981 CROPS 
SEC. 401. Effective only for the 1977 through 1981 crops of wheat, 
the Agricultural Act of 1949, as amended, is amended to add subsec-
tions (a) through (c) to new section 107A as follows: 
"SEC. 107A. Notwithstanding any other provision of law— 
7 USC 1445b. 
91 STAT. 922 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Loans and 
purchases. 
Reduction. 
Payments. 
Computation. 
Established 
prices. 
"(a) The Secretary shall make available to producers loans and 
purchases at such level, not less than $2.25 per bushel for the 1977 crop 
of wheat and $2.35 per bushel for each of the 1978 through 1981 crops 
of wheat, nor, in the case of each of the 1977 through 1981 crops, in 
excess of 100 per centum of parity, as the Secretary determines will 
maintain its competitive relationship to other grains in domestic and 
export markets: Provided^ That if the Secretary determines that the 
average price of wheat received by producers in any marketing year 
is not more than 105 per centum of the level of loans and purchases for 
wheat for such marketing year, the Secretary may reduce the level of 
loans and purchases for wheat for the next marketing year by the 
amount the Secretary determines necessary to maintain domestic and 
export markets for grain, except that the level of loans and purchases 
shall not be reduced bj^ more than 10 per centum in any year nor below 
$2.00 per bushel. 
" (b) (1) (A) In addition, the Secretary shall make available to pro-
ducers payments for each of the 1977 through 1981 crops of wheat in 
an amount computed as provided in this subsection. Payments for the 
1977 crop shall be computed by multiplying (i) the payment rate, by 
(ii) the allotment for the farm for such crop, by (iii) the projected 
yield established for the farm for such crop with such adjustments 
as the Secretary determines necessary to provide a fair and equitable 
yield. Payments for each of the 1978 through 1981 crops shall be com-
puted by multiplying (i) the payment rate, by (ii) the farm program 
acreage for the crop, by (iii) the farm program payment yield for 
the crop. In no event shall payments be made under this paragraph 
for any of the 1978 through 1981 crops on a greater acreage than the 
acreage actually planted to wheat. 
"(B) The payment rate for wheat shall be the amount by which the 
higher of— 
"(i) the national weighted average market price received by 
farmers during the first five months of the marketing year for 
such crop, as determined by the Secretary, or 
"(ii) the loan level determined under subsection (a) of this 
section for such crop 
is less than the established price per bushel. The established price for 
wheat shall be $2.90 per bushel for the 1977 crop and $3.00 per bushel 
for the 1978 crop: Provided^ That for the 1977 crop, the established 
price shall be $2.47 per bushel with respect to any acreage not planted 
to wheat within the wheat acreage allotment: Provided further^ That 
for the 1978 crop, the established price shall be $3.05 per bushel if the 
1978 crop of wheat is 1.8 billion bushels or less. For the 1979 crop, the 
established price shall be $3.00 per bushel adjusted to reflect any change 
in (i) the average adjusted cost of production for the two crop years 
immediately preceding the 1979 crop year from (ii) the average 
adjusted cost of production for the two crop years immediately preced-
ing the 1978 crop year. For the 1980 and 1981 crops, the established 
price shall be the established price for the previous year's crop 
adjusted to reflect any change in (i) the average adjusted cost of pro-
duction for the two crop years immediately preceding the year for 
which the determination is made from (ii) the average adjusted cost 
of production for the two crop years immediately preceding the year 
previous to the one for which the determination is made. The adjusted 
cost of production for each of such years shall be determined by the 
Secretary on the basis of such information as the Secretary finds neces-
sary and appropriate for the purpose and shall be limited to (i) vari-
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 923 
able costs, (ii) machinery ownership costs, and (iii) general farm 
overhead costs, allocated to the crops involved on the basis of the pro-
portion of the value of the total production derived from each crop. 
"(C) Notwithstanding the foregoing provisions of this section, in 
the event the Secretary adjusts the level of loans and purchases for 
wheat in accordance with the proviso in subsection (a) of this section, 
the Secretary shall provide emergency compensation by increasing the 
established price payments for wheat by such amount as the Secretary 
determines necessary to provide the same total return to producers 
as if the adjustment in the level of loans and purchases had not been 
made: Provided^ That any such increase in established price payments 
shall not be included in the payments subject to limitation under the 
provisions of section 101 of the Food and Agriculture Act of 1977. 
" (D) The total quantity on which payments would otherwise be pay-
able to a producer on a farm for any crop under this paragraph shall 
be reduced by the quantity on which any disaster paymen*: is made to 
the producer for the crop under paragraph (2) of this subsection. 
"(2) (A) Effective only with respect to the 1978 and 1979 crops of 
wheat, if the Secretary determines that the producers on a farm are 
prevented from planting any portion of the acreage intended for wheat 
to wheat or other nonconserving crops because of drought, flood, or 
other natural disaster, or other condition beyond the control of the 
producers, the Secretary shall make a prevented planting disaster pay-
ment to the producers on the number of acres so affected but not to 
exceed the acreage planted to wheat for harvest (inc^iding any acre-
age which the producers were prevented from planting to wheat or 
other nonconserving crop in lieu of wheat because of drought, flood, 
or other natural disaster, or other condition beyond the control of the 
producers) in the immediately preceding year, multiplied by 75 per 
centum of the farm program payment yield established by the Secre-
tary times a payment rate equal to 33^3 per centum of the established 
price per bushel for wheat. 
"(B) Effective only with respect to the 1978 and 1979 crops of 
wheat, if the Secretary determines that because of drought, flood, or 
other natural disaster, or other condition beyond the control of the 
producers, the total quantity of wheat which the producers are able 
to harvest on any farm is less than the result of multiplying 60 per 
centum of the farm program payment yield established by the Secre-
tary for such crop by the acreage planted for harvest for such crop, the 
Secretary shall make a farm disaster payment to the producers at a rate 
equal to 50 per centum of the established price for the crop for the 
deficiency in production below 60 per centum for the crop. 
"(C) In the case of the 1977 crop of wheat, disaster payments for 
prevented planting shall be compu*-ed as provided in section 107 of 
this Act, as amended for the 1974 through 1977 crops by the Agricul-
ture and Consumer Protection Act of 1973, and disaster payments for 
low yield shall be computed in accordance Avith the formula provided 
in subparagraph (B) of this paragraph: Provided, That producers 
may elect to receive clisas^er payments for low yield computed as pro-
vided in section 107 of this Act, as amended for the 1974 through 1977 
crops by the Agriculture and Consumer Protection Act of 1973: Pro-
vided further. That no disaster payments for low yield may be made 
under this paragraph prior to October 1,1977. 
"(c) The Secretary shall provide for the sharing of payments made 
under this section for any farm among the producers on the fann on 
a fair and equitable basis.". 
Emergency 
compensation. 
Prevented 
planting disaster 
payments. 
Farm disaster 
payments. 
Computation. 
7 u s e 1445a. 
91 STAT. 924 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Ante, p. 921. 
Proclamation. 
Revision. 
Adjustment. 
Program 
allocation factor 
Payment yield. 
PROGRAM ACREAGES AND PAY^IENT YIELDS; SET-ASIDE PROGRAM 
SEC. 402. Effective only for the 1978 through 1981 crops of wheat, 
the Agricultural Act of 1949, as amended, is amended by adding sub-
sections (d) through (i) to section 107A to read as follows: 
"(d) (1) The Secretary shall pr(x;laim a national program acreage 
for each of the 1978 through 1981 crops of wheat. The proclamation 
shall be made not later than August 15 of each calendar year for the 
crop harvested in the next succeeding calendar year, except that in the 
case of the 1978 crop the proclamation shall be made as soon as prac-
ticable after enactment of the Food and Agriculture Act of 1977. The 
Secretary may revise the national program acreage first proclaimed 
for any crop year for the purpose of determining the allocation factor 
under paragraph (2) of this subsection if the Secietary determine? 
it necessary based upon the latest information, and the Secretary shall 
proclaim such revised national program acreage as soon as it is made. 
The national ])rogram acreage for wheat shall be the number of 
harvested acres the Secretary determines (on the basis of the weighted 
national average of the farm program payment yields for the crop for 
which the determination is made) will produce the quantity (less 
imports) that the Secretary estimates will be utilized domestically and 
for export during the marketing year for such crop. If the Secretary 
determines that carryover stocks of wheat are excessive or an increase 
in stocks is needed to assure desirable carryover, the Secretary may 
adjust the national program acreage by the amount the Secretary 
determines will accomplish the desired increase or decrease in carry-
over stocks. 
"(2) The Secretary shall determine a program allocation factor for 
each crop of wheat. The allocation factor for wheat shall be deter-
mined by dividing the national program acreage for the crop by the 
number of acres which the Secretary estimates will be harvested for 
such crop: Provided, That in no event shall the allocation factor for 
any crop of wheat be more than 100 per centum nor less than 80 per 
centum. 
"(3) The individual farm program acreage for each crop of wheat 
shall be determined by multiplying the allocation factor by the acreage 
of wheat planted for harvest on the farms for which individual farm 
program acreages are required to be determined: Provided, That the 
wheat acreage eligible for payments shall not be further reduced by 
application of the allocation factor if the producers reduce the acre-
age of wheat planted for harvest on the farm from the previous year 
by at least the percentage recommended by the Secretary in the procla-
mation of the national program acreage made not later than August 15 
prior to the year in which the crop is harvested, or in the case of 
the 1978 crop, the proclamation first made after enactment of the 
Food and Agriculture Act of 1977. The Secretary shall provide fair 
and equitable treatment for producers on farms on which the acreage 
of wheat planted for harvest is less than for the preceding year, but 
the reduction is insufficient to exempt the farm from the application 
of the allocation factor. In establishing the allocation factor for wheat, 
the Secretary is authorized to make such adjustment as the Secretary 
deems necessary to take into account the extent of exemption of farms 
under the foregoing provisions of this paragraph. 
"(e) The farm program payment yield for each crop of wheat shall 
be the yield established for the farm for the previous crop year, 
adjusted by the Secretary to provide a fair and equitable yield. If no 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 925 
Cropland set-
aside. 
Announcement. 
payment yield for wheat was established for the farm in the previous 
crop year, the Secretary is authorized to determine such yield as the 
Secretary finds fair and reasonable. Notwithstanding the foregoing 
provisions of this subsection, in the determination of yields, the Sec-
retary shall take into account the actual yields proved by the producer, 
and neither such yields nor the farm program payment yield estab-
ished on the basis of such yields shall be reduced under other provi-
sions of this subsection. If the Secretary determines it necessary, the 
Secretary may establish national. State, or county program payment 
yields on the basis of historical yields, as adjusted by the Secretary to 
correct for abnormal factors affecting such yields in the historical 
period, or, if such data are not available, on the Secretary's estimate of 
actual yields for the crop year involved. In the event national, State, or 
county" program payment yields are established, the farm program 
payment yields shall balance to the national, State, or county program 
payment yields. 
"(f) (1) The Secretary shall provide for a set-aside of cropland if 
the Secretary determines that the total supply of wheat will, in the 
absence of such a set-aside, likely be excessive taking into account the 
need for an adequate carryover to maintain reasonable and stable sup-
plies and prices and to meet a national emergency. The Secretary shall 
announce any such set-aside not later than August 15 prior to the year 
in which the crop is harvested, except that in the case of the 1978 crop, 
the announcement shall be made as soon as practicable after enact-
ment of the Food and Agriculture Act of 1977. If a set-aside of crop-
land is in effect under this subsection, then as a condition of eligibility 
for loans, purchases, and payments authorized by this section, the 
producers on a farm must set aside and devote to conservation uses an 
acreage of cropland equal to a specified percentage, as determined by 
the Secretary, of the acreage of wheat planted for harvest for the 
crop year for which the set-aside is in effect. The Secretary may limit 
the acreage planted to wheat. Such limitation shall be applied on a 
uniform basis to all wheat-producing farms. The set-aside acreage 
shall be devoted to conservation uses, in accordance with regulations 
issued by the Secretary, which will assure protection of such acreage 
from weeds and wind and water erosion; however, the Secretary may 
permit, subject to such terms and conditions as the Secretary may pre-
scribe, all or any part of the set-aside acreage to be devoted to sweet 
sorghum, hay, and grazing or the production of guar, sesame, safflower, 
sunflower, castor beans, mustard seed, crambe, plantago ovato, flax-
seed, triticale, oats, rye, or other commodity, if the Secretary deter-
mines that such production is needed to provide an adequate supply, 
is not likely to increase the cost of the price support program, and will 
not adversely affect farm income. 
" (2) The Secretary may make land diversion payments to producers 
of wheat, whether or not a set-aside for wheat is in effect, if the Secre-
tary determines that such land diversion payments are necessary to 
assist in adjusting the total national acreage of wheat to desirable 
goals. Such land diversion payments shall be made to producers on a Contacts, bids 
farm who, to the extent prescribed by the Secretary, devote to 
approved conservation uses an acreage of cropland on the farm in 
accordance wnth land diversion contracts entered into by the Secretary 
with such producers. The amounts payable to producers under land 
diversion contracts may be determined through the submission of bids 
for such contracts by producers in such manner as the Secretary may 
prescribe or through such other means as the Secretary determines 
Acreage 
limitation. 
Land diversion 
payments. 
91 STAT. 926 
PUBLIC LAW 95-113—SEPT. 29, 1977 
appropriate. In determining the acceptability of contract offers, the 
Secretary shall take into consideration the extent of the diversion to 
be undertaken by the producers and the productivity of the acreage 
diverted. The Secretary shall limit the total acreage to be diverted 
under agreements in any county or local community so as not to affect 
adversely the economy of the county or local community. 
Wildlife habitats. 
"(3) The set-aside acreage and the additional diverted acreage may 
be devoted to wildlife food plots or wildlife habitat in conformity 
with standards established by the Secretary in consultation with wild-
Payments, 
ijfg agencies. The Secretary may pay an appropriate share of the cost 
of practices designed to carry out the purposes of the foregoing sen-
tence. The Secretary may provide for an additional payment on such 
acreage in an amount determined by the Secretary to be appropriate 
in relation to the benefit to the general public if the producer agrees to 
permit, without other compensation, access to all or such portion of 
the farm, as the Secretary may prescribe, by the general public, for 
hunting, trapping, fishing, and hiking, subject to applicable State and 
Federal regulations. 
"(4) The Secretary may make such adjustments in individual set-
aside acreages under this section as the Secretary determines necessary 
to correct for abnormal factors affecting production, and to give due 
consideration to tillable acreage, crop-rotation practices, types of soil, 
soil and water conservation measures, and topography, and such other 
factors as the Secretary deems necessary. 
"(5) If the operator of the farm desires to participate in the pro-
gram formulated under this subsection, the operator shall file an 
agreement to do so no later than such date as the Secretary may pre-
scribe. Loans, purchases, and payments under this section shall be 
made available to producers on such farm only if the producers set 
aside and devote to approved soil conserving uses an acreage on the 
farm equal to the number of acres which the operator agrees to set 
aside and devote to approved soil conserving uses, and the agreement 
shall so provide. The Secretary may, by mutual agreement with the 
producers, terminate or modify any such agreement entered into pur-
suant to this subsection if the Secretary determines such action neces-
sary because of an emergency created by drought or other disaster, or 
in order to prevent or alleviate a shortage in the supply of agricultural 
commodities. 
"(g) In any case in which the failure of a producer to comply fully 
with the terms and conditions of the program formulated under this 
section precludes the making of loans, purchases, and payments, the 
Secretary may, nevertheless, make such loans, purchases, and pay-
ments in such amounts as the Secretary determines to be equitable in 
relation to the seriousness of the default. 
Regulations. 
"(h) The Secretary is authorized to issue such regulations as the 
Secretary determines necessary to carry out the provisions of this 
section. 
"(i) The Secretary shall carry out the program authorized by this 
section through the Commodity Credit Corporation.". 
Adjustments. 
Agreement, 
filing. 
Termination or 
modification. 
7 u s e 1379d 
note. 
7 u s e 
1379d-1379j. 
NONAPPLICABILITY OF CERTIFICATE 
REQUIREMENTS 
SEC. 403. Sections 379d, 379e, 379f, 379g, 379h, 379i, and 379j of the 
Agricultural Adjustment Act of 1938 (which deal with marketing cer-
tificate requirements for processors and exporters) shall not be appli-
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 927 
cable to wheat processors or exporters during the period July 1, 1973, 
through May 31,1982. 
SUSPENSION o r MARKETING QUOTAS AND PRODUCER CERTIFICATE 
PROVISIONS 
SEC. 404. Sections 331, 332, 333, 334, 335, 336, 338, 339, 379b, and 379c 
of the Agricultural Adjustment Act of 1938, as amended, shall not 
be applicable to the 1978 through 1981 crops of wheat. 
FINALITY OF DETERMINATIONS 
SEC. 405. Effective only for the 1978 through 1981 crops, section 385 
of the Agricultural Adjustment Act of 1938, as amended, is amended 
by amending the first sentence to read as follows: "The facts consti-
tuting the basis for any Soil Conservation Act payment, any payment 
under the wheat, feed grain, upland cotton, and rice programs author-
ized by the Agricultural Act of 1949 and this Act, any loan, or price 
support operation, or the amount thereof, when officially determined 
in conformity with the applicable regulations prescribed by the Secre-
tary or by the Commodity Credit Corporation, shall be final and 
conclusive and shall not be reviewable by any other officer or agency 
of the Government.". 
7 use 1331 note. 
7 use 
1331-1333, 
1334, 1335, 
1336, 1338, 
1339, 1379b, 
1379c. 
7 use 1385. 
7 use 1421 note. 
SUSPENSION OF QUOTA PROVISIONS 
SEC. 406. Public Law 74, Seventy-seventh Congress (55 Stat. 203, as 
amended) shall not be applicable to the crops of wheat planted for 
harvest in the calendar years 1978 through 1981. 
7 use 1330 note. 
7 use 1330, 
1340. 
APPLICATION OF TERMS I N THE AGRICULTURAL ACT OF 1949 
SEC. 407. Section 408 (k) of the Agricultural Act of 1949, as added 
by the Agricultural Act of 1970, as amended, to be effective for the 
1971 through 1977 crops, shall be effective for the 1978 through 1981 
crops, and shall read as follows: 
7 use 1428. 
REFERENCES TO TERMS MADE APPLICABLE TO WHEAT AND FEED GRAINS 
Post, p. 956. 
7 use 1736, 
1431. 
"(k) References made in sections 402, 403, 406, and 416 to the terms 
'support price', 'level of support', and 'level of price support' shall 
be considered to apply as well to the level of loans and purchases for 
wheat and feed grains under this Act; and references made to the 
terms 'price support', 'price support operations', and 'price support 
program' in such sections and in section 401(a) shall be considered as Post, p. 956. 
applying as well to the loan and purchase operations for wheat and 
feed grains under this Act.". 
COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS FOR WHEAT 
AND FEED GRAINS 
SEC. 408. Effective only with respect to the marketing years for the 
1978 through 1981 crops, section 407 of the Agricultural Act of 1949, 
as amended, is amended by— 
7 USe 1427. 
(1) striking out in the third sentence the language following 
the third colon and inserting in lieu thereof the following: "Fro-
vided, That the Corporation shall not sell any of its stocks of 
wheat, corn, grain sorghum, barley, oats, and rye respectively at 
91 STAT. 928 
PUBLIC LAW 95-113—SEPT. 29, 1977 
less than 115 per centum of the current national average loan rate 
for the commodity, adjusted for such current market differentials 
reflecting grade, quality, location, and other value factors as the 
Secretary determines appropriate, plus reasonable carrying 
charges."; 
(2) striking out in the fifth sentence "current basic county sup-
port rate including the value of any applicable price-support pay-
ment in kind (or a comparable price if there is no current basic 
county support rate)" and inserting in lieu thereof the following: 
"current basic county loan rate (or a comparable price if there is 
no current basic county loan rate)"; and 
(3) striking out in the seventh sentence ", but in no event shall 
the purchase price exceed the then current support price for such 
commodities" and inserting in lieu thereof the following: "or 
unduly affecting market prices, but in no event shall the purchase 
price exceed the Corporation's minimum sales price for such com-
modities for unrestricted use". 
7 u s e 1445a 
note. 
7 u s e 1445a. 
7 u s e 1445a 
note. 
XONAPPLICABILITY OF SECTION 107 OF THE AGRICULTURAL ACT OF 1949 
TO THE 1977 THROUGH 1981 CROPS OF WHEAT 
SEC. 409, Section 107 of the Agricultural Act of 1949, as amended, 
shall not be applicable to the 1977 through 1981 crops of wheat. 
NONAPPLICABILITY OF SECTION 107 OF THE AGRICULTURAL ACT OF 1949, 
AS AMENDED, TO THE 1977 CROP OF WHEAT 
SEC. 410. Except as otherwise provided in section 401 of this Act, 
section 107 of the Agricultural Act of 1949, as added by the Agricul-
tural Act of 1970, as amended, to be effective only for the 1974 through 
1977 crops of wheat, shall not be applicable to the 1977 crop of wheat. 
TITLE V—FEED GRAINS 
Loans and 
purchases. 
7 u s e 1444c. 
Reduction. 
LOAN RATES AND TARGET PRICES FOR THE 197 7 THROUGH 
1981 CROPS 
SEC. 501. Effective only for the 1977 through 1981 crops, the Agri-
cultural Act of 1949, as amended, is amended by adding subsections 
(a) through (c) to a new section 105A as follows: 
"SEC. 105A. Notwithstanding any other provision of law— 
"(a) (1) The Secretary shall make available to producers loans and 
purchases at such level, not less than $2.00 per bushel, for each of the 
.1977 through 1981 crops of corn, as the Secretary determines will 
encourage the exportation of feed grains and not result in excessive 
total stocks of feed grains in the United States: Provided^ That if the 
Secretary determines that the average price of corn received by pro-
ducers in any marketing year is not more than 105 per centum of the 
level of loans and purchases for corn for such marketing year, the Sec-
retary may reduce the level of loans and purchases for corn for the next 
marketing year by the amount the Secretary determines necessary to 
maintain domestic and export markets for grain, except that the level 
of loans and purchases shall not be reduced by more than 10 per centum 
in any year nor below $1.75 per bushel. 
"(2) The Secretary shall make available to producers loans and 
purchases on each of the 1977 through 1981 crops of barley, oats, and 
rye, respectively, at such level as the Secretary determines is fair and 
reasonable in relation to the level that loans and purchases are made 
available for corn, taking into consideration the feeding value of such 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 929 
7 use 1421. 
commodity in relation to corn and other factors specified in section 
401(b) of this Act, and on each crop of grain sorghums at such level 
as the Secretary determines is fair and reasonable in relation to the 
level that loans and purchases are made available for corn, taking into 
consideration the feeding value and average transportation costs to 
market of grain sorghums in relation to corn. 
"(b) (1) (A) In addition, the Secretary shall make available to pro- Payments, 
ducers payments for each of the 1977 through 1981 crops of corn, 
grain sorghums, and, if designated by the Secretary, oats and barley, 
in an amount computed as provided in this subsection. Payments for 
the 1977 crop shall be computed by multiplying (i) the payment rate, 
by (ii) the allotment for the farm for such crop, by (iii) the yield estab-
lished for the farm for the preceding crop with such adjustments 
as the Secretary determines necessary to provide a fair and equitable 
yield. Payments for each of the 1978 through 1981 crops shall be com-
puted by multiplying (i) the payment rate, by (ii) the farm program 
acreage for the crop, by (iii) the farm program payment yield for the 
crop. In no event shall payments be made under this paragraph for 
any of the 1978 through 1981 crops on a greater acreage than the acre-
age actually planted to such feed grains. 
"(B) The payment rate for corn shall be the amount by which the 
higher of— 
"(1) the national weighted average market price received by 
farmers during the first five months of the marketing year for 
such crop, as determined by the Secretary, or 
"(2) the loan level determined under subsection (a) for such 
crop 
is less than the established price per bushel. The established price for 
corn shall be $2.00 per bushel in the case of the 1977 crop, except that 
the established price shall be $1.70 per bushel with respect to any acre-
age not planted to corn within the feed grain allotment. The estab-
lished price for corn shall be $2.10 per bushel in the case of the 1978 
crop, and for the 1979 through 1981 crops the established price shall be 
the established price for the previous year's crop adjusted to reflect any 
change in (i) the average adjusted cost of production for the two crop 
years immediately preceding the year for which the determination is 
made from (ii) the average adjusted cost of production for the two 
crop years immediately preceding the year previous to the one for 
which the determination is made. The adjusted cost of production for 
each of such years shall be determined by the Secretary on the basis of 
such information as the Secretary finds necessary and appropriate 
for the purpose and shall be limited to (i) variable costs, (ii) machin-
ery ownership costs, and (iii) general farm overhead costs, allocated 
to the crops involved on the basis of the proportion of the value of the 
total production derived from each crop. 
"(C) Notwithstanding the foregoing provisions of this section, in 
the event the Secretary adjusts the level of loans and purchases for 
corn in accordance with the proviso in subsection (a) (1) of this sec-
tion, the Secretary shall provide emergency compensation by increas-
ing the established price payments for com by such amount as the 
Secretary determines necessary to provide the same total return to 
producers as if the adjustment in the level of loans and purchases had 
not been made: Provided., That any such increase in established price 
payments shall not be included in the payments subject to limitation 
under the provisions of section 101 of the Food and Agriculture Act 
of 1977. 
"(D) The payment rate for grain sorghums and, if designated by 
the Secretary, oats and barley, shall be such rate as the Secretary 
Established price 
per bushel. 
Adjusted cost of 
production. 
Emergency 
compensation. 
91 STAT. 930 
PUBLIC LAW 95-113—SEPT. 29, 1977 
determines fair and reasonable in relation to the rate at which 
•' 
payments are made available for com. 
"(E) The total quantity on which payments would otherwise be 
payable to a producer on a farm for any crop under this paragraph 
shall be reduced by the quantity on which any disaster payment is 
made to the producer for the crop under paragraph (2) of this 
subsection. 
Prevented 
"(2) (A) Effective only with respect to the 1978 and 1979 crops of 
planting disaster 
feed grains, if the Secretary determines that the producers on a farm 
payments. 
jjre prevented from planting any portion of the acreage intended for 
feed grains to feed grains or other nonconserving crops because of 
drought, flood, or other natural disaster, or other condition beyond 
the control of the producers, the Secretary shall make a prevented 
planting disaster payment to the producers on the number of acres 
so affected but not to exceed the acreage planted to feed grains for 
harvest (including any acreage which the producers were prevented 
from planting to feed grains or other nonconserving crop in lieu of 
feed grains because of drought, flood, or other natural disaster, or other 
condition beyond the control of the producers) in the immediately pre-
ceding year multiplied by 75 per centum of the farm program pay-
ment yield for feed grains established by the Secretary times a 
payment rate equal to 33i/^ per centum of the established price per 
bushel. 
Farm disaster 
"(B) Effective only with respect to the 1978 and 1979 crops of feed 
payment. 
grains, if the Secretary determines that because of drought, flood, or 
other natural disaster, or other condition beyond the control of the 
producers, the total quantity of feed grains which the producers are 
able to harvest on any farm is less than the result of multiplying 60 
per centum of the farm program payment yield establislied by the 
Secretary for such crop by the acreage planted for harvest for such 
crop, the Secretary shall make a farm disaster payment to the pro-
ducers at a rate equal to 50 per centum of the established price for the 
crop for the deficiency in production below 60 per centum for the crop. 
"(C) In the case of the 1977 crop of feed grains, disaster payments 
for prevented planting for feed grains shall be computed as provided 
in section 105 of this Act, as amended for the 1974 through 1977 crops 
7 use 1307 note, by the Agriculture and Consumer Protection Act of 1973, and disaster 
payments for low yield shall be computed in accordance with the 
formula provided in subparagraph (B) of this paragraph: Provided, 
That producers may elect to receive disaster payments for low yield 
7 use 1444b. 
computed as provided in section 105 of this Act, as amended for the 
1974 through 1977 crops by the Agriculture and Consumer Protection 
Act of 1973: Provided further, That no disaster payments for low 
yield may be made under this paragraph prior to October 1, 1977. 
"(c) The Secretary shall provide for the sharing of payments made 
under this section for any farm among producers on the farm on a 
' 
fair and equitable basis.". 
Proclamation. 
Ante, p. 928. 
Revision. 
PROGRAM ACREAGES AND PAYMENT YIELDS ; SET-ASIDE PROGRAM 
SEC. 502. Effective only for the 1978 through 1981 crops of feed 
grains, the Agricultural Act of 1949, as amended, is amended by add-
ing subsections (d) through (i) to section 105A to read as follows: 
"(d) (1) The Secretary shall proclaim a national program acreage 
for each of the 1978 through 1981 crops of feed grains. The proclama-
tion shall be made not later than November 15 of each calendar year 
for the crop harvested in the next succeeding calendar year. The Sec-
retary may revise the national program acreage first proclaimed for 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 931 
Program 
allocation factor. 
any crop year for the purpose of determining the allocation factor 
under paragraph (2) of this subsection if the Secretary determines 
it necessary based upon the latest information, and the Secretary shall 
proclaim such revised national program acreage as soon as it is made. 
The national program acreage for feed grains shall be the number of 
harvested acres the Secretary determines (on the basis of the weighted 
national average of the farm program payment yields for the crop for 
which the determination is made) will produce the quantity (less 
imports) that the Secretary estimates will be utilized domestically and 
for export during the marketing year for such crop. If the Secretary Adjustment 
determines that the carryover stocks of feed grains are excessive or an 
increase in stocks is needed to assure desirable carryover, the Secretary 
may adjust the national program acreage by the amount the Secretary 
determines will accomplish the desired increase or decrease in carry-
over stocks. 
" (2) The Secretary shall determine a program allocation factor for 
each crop of feed grains. The allocation factor for feed grains shall be 
determined by dividing the national program acreage for the crop by 
the number of acres which the Secretary estimates will be harvested 
for such crop: Provided^ That in no event shall the allocation factor 
for any crop of feed grains be more than 100 per centum nor less than 
80 per centum. 
"(3) The individual farm program acreage for each crop of feed 
grains shall be determined by multiplying the allocation factor by the 
acreage of feed grains planted for harvest on the farms for which 
individual farm program acreages are required to be determined: 
Provided^ That the feed grain acreage eligible for payments shall not 
be further reduced by application of the allocation factor if the pro-
ducers reduce the acreage of feed grains planted for harvest on the 
farm from the previous year by at least the percentage recommended 
by the Secretary in the proclamation of the national program acreage 
made not later than November 15 prior to the year in which the crop 
is harvested. The Secretary shall provide fair and equitable treatment 
for producers on farms on which the acreage of feed grains planted 
for harvest is less than for the preceding year, but the reduction is 
insufficient to exempt the farm from the application of the allocation 
factor. In establishing the allocation factor for feed grains, the Sec-
retary is authorized to make such adjustment as the Secretary deems 
necessary to take into accoimt the extent of exemption of farms under 
the forejToing provisions of this paragraph. 
"(e) The farm program payment yield for each crop of feed grains Payment yield 
shall be the yield established for the farm for the previous crop year, 
adjusted by the Secretary to provide a fair and equitable yield. If no 
payment yield for feed grains was established for the farm in the 
previous crop year, the Secretary is authorized to determine such yield 
as the Secretary finds fair and reasonable. Notwithstanding the fore-
going provisions of this subsection, in the determination of vields, the 
Secretary shall take into account the actual yields proved by the pro-
ducer, and neither such yields nor the farm program payment yield 
established on the basis of such yields shall be reduced under other 
provisions of this subsection. If the Secretary determines it necessary, 
the Secretary may establish national. State, or county program pay-
ment yields on the basis of historical yields, as adjusted by the Secre-
tary to correct for abnormal factors affecting such vields in the 
historical period, or, if such data are not available, on the Secretary's 
estimate of actual yields for the crop year involved. In the event 
national. State, or coimty program payment yields are established, the 
Adjustment. 
91 STAT. 932 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Cropland set-
aside. 
Announcement. 
Limitation. 
Land-diversion 
payments. 
Contracts, bids. 
Payments. 
farm program payment yields shall balance to the national, State, or 
county program payment yields. 
"(f) (1) The Secretary shall provide for a set-aside of cropland if 
the Secretary determines that the total supply of feed grains will, in 
the absence of such a set-aside, likely be excessive taking into account 
the need for an adequate carryover to maintain reasonable and stable 
supplies and prices and to meet a national emergency. Any such set-
aside shall be announced by the Secretary not later than November 15 
of each calendar year for the crop harvested in the next calendar year. 
If a set-aside of cropland is in effect under this subsection, then as a 
condition of eligibility for loans, purchases, and payments authorized 
by this section on corn, grain sorghums, and, if designated by the Sec-
retary, barley and oats, respectively, the producers on a farm must set 
aside and devote to conservation uses an acreage of cropland equal to a 
specified percentage, as determined by the Secretary, of the feed grain 
acreage planted for harvest for the crop year for which the set-aside is 
in effect. The Secretary may limit the acreage planted to feed grains. 
Such limitation shall be applied on a uniform basis to all feed grain-
producing farms. The set-aside acreage shall be devoted to conserva-
tion uses, in accordance with regulations issued by the Secretary, which 
will assure protection of such acreage from weeds and wind and water 
erosion; however, the Secretary may permit, subject to such terms and 
conditions as the Secretary may prescribe, all or any part of the set-
aside acreage to be devoted to sweet sorghum, hay, and grazing or the 
production of guar, sesame, safflower, sunflower, castor beans, mustard 
seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other 
commodity, if the Secretary determines that such production is needed 
to provide an adequate supply, is not likely to increase the cost of the 
price support program, and will not adversely affect farm income. 
" (2) The Secretary may make land diversion payments to producers 
of feed grains, whether or not a set-aside for feed grains is in effect, 
if the Secretary determines that such land diversion payments are 
necessary to assist in adjusting the total national acreage of feed 
grains to desirable goals. Such land diversion payments shall be made 
to producers on a farm who, to the extent prescribed by the Secretary, 
devote to approved conservation uses an acreage of cropland on the 
farm in accordance with land diversion contracts entered into by the 
Secretary with such producers. The amounts payable to producers 
under land diversion contracts may be determined through the sub-
mission of bids for such contracts by producers in such manner as the 
Secretary may prescribe or through such other means as the Secretary 
determines appropriate. In determining the acceptability of contract 
offers, the Secretary shall take into consideration the extent of the 
diversion to be undertaken by the producers and the productivity of 
the acreage diverted. The Secretary shall limit the total acreage to be 
diverted under agreements in any county or local community so as not 
to affect adversely the economy of the county or local community. 
"(3) The set-aside acreage and the additional diverted acreage may 
be devoted to wildlife food plots or wildlife habitat in conformity with 
standards established by the Secretary in consultation with wildlife 
agencies. The Secretary may pay an appropriate share of the cost of 
practices designed to carry out the purposes of the foregoing sen-
tence. The Secretary may provide for an additional payment on such 
acreage in an amount determined by the Secretary to be appropriate in 
relation to the benefit to the general public if the producer agrees to 
permit, without other compensation, access to all or such portion of the 
farm, as the Secretary may prescribe, by the general public, for hunt-
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 933 
Agreement filing. 
ing, trapping, fishing, and hiking, subject to applicable State and 
Federal regulations. 
"(4) The Secretary may make such adjustments in individual set- Adjustments, 
aside acreages under this section as the Secretary determines necessary 
to correct for abnormal factors affecting production, and to give due 
consideration to tillable acreage, crop-rotation practices, types of soil, 
soil and water conservation measures, and topography, and such other 
factors as the Secretary deems necessary. 
"(5) If the operator of the farm desires to participate in the pro-
gram formulated under this subsection, the operator shall file an agree-
ment to do so no later than such date as the Secretary may prescribe. 
Loans, purchases, and payments under this section shall be made avail-
able to producers on such farm only if the producers set aside and 
devote to approved soil conserving uses an acreage on the farm equal 
to the number of acres which the operator agrees to set aside and 
devote to approved soil conserving uses, and the agreement shall so 
provide. The Secretary may, by mutual agreement with the producers, 
terminate or modify any such agreement entered into pursuant to 
this subsection if the Secretary determines such action necessary 
because of an emergency created by drought or other disaster, or in 
order to prevent or alleviate a shortage in the supply of agricultural 
commodities. 
"(g) In any case in which the failure of a producer to comply fully 
with the terms and conditions of the program formulated under this 
section precludes the making of loans, purchases, and payments, the 
Secretary may, nevertheless, make such loans, purchases, and pay-
ments in such amounts as the Secretary determines to be equitable in 
relation to the seriousness of the default. 
"(h) The Secretary is authorized to issue such regulations as the Regulations 
Secretary determines necessary to carry out the provisions of this 
section. 
"(i) The Secretary shall carry out the program authorized by this 
section through the Commodity Credit Corporation.". 
Termination or 
modification. 
NONAPPLICABILITY OF SECTION 105 OF THE AGRICULTURAL ACT OF 1949, 
TO THE 1977 THROUGH 1981 CROPS OF FEED GRAINS 
SEC. 503. Section 105 of the Agricultural Act of 1949, as amended, 7 USC 1444b 
shall not be applicable to the 1977 through 1981 crops of feed grains. "°*^-
7 USC 1441 note. 
NONAPPLICABILITY OF SECTION 105 OF THE AGRICULTURAL ACT OF 1949, 
AS AMENDED, TO THE 1977 CROP OF FEED GRAINS 
SEC. 504. Except as otherwise provided in section 501 of this Act, 7 USC 1444b 
section 105 (a) and (b) (1) of the Agricultural Act of 1949, as added "°*«-
by the Agricultural Act of 1970, as amended, to be effective only for 
the 1974 through 1977 crops of feed grains, shall not be applicable to 
the 1977 crop of feed grains. 
TITLE VI—UPLAND COTTON 
BASE ACREAGE ALLOTMENTS; SUSPENSION OF MARKETING QUOTAS, AND 
RELATED PROVISIONS 
SEC. 601. Sections 342, 343, 344, 345, 346, and 377 of the Agricultural 7 USC 1342 note, 
Adjustment Act of 1938, as amended, shall not be applicable to upland "
^ ^^^ ^^^^^ 
cotton of the 1978 through 1981 crops. 
1343, 1344, 
^ 
^ 
1345, 1346, 
1377. 
91 STAT. 934 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 use 1444. 
Interest rate, 
quarterly 
establishment. 
Nonrecourse 
loans, extension. 
Import quota, 
Presidential 
establishment. 
Conditions. 
COTTON PRODUCTION INCENTIVES; LOAN RATE AND TARGET PRICE; 
SET-ASIDE PROGRAM 
SEC. 602. Effective only with respect to the 1978 through 1981 crops 
of upland cotton, except as otherwise provided herein, section 103 of 
the Agricultural Act of 1949, as amended, is amended by adding at 
the end thereof a new subsection (f) as follows: 
"(f)(1) 
The Secretary shall, upon presentation of 
warehouse 
receipts reflecting accrued storage charges of not more than sixty days, 
make available for the 1978 through 1981 crops of upland cotton to 
cooperators nonrecourse loans for a term of ten months from the first 
day of the month in which the loan is made at such level as will reflect 
for Strict Low ^Middling one and one-sixteenth inch upland cotton 
(micronaire 3.5 through 4.9) at average location in the United States 
the smaller of (i) 85 per centum of the average price (weighted by 
market and month) of such quality of cotton as quoted in the desig-
nated United States spot markets during the four-year period ending 
July 31 in the year in which the loan level is announced, or (ii) 90 per 
centum of the average, for the first two full weeks of October of the 
year in which the loan level is announced, of the five lowest priced 
growths of the growths quoted for Strict Middling one and one-six-
teenth inch cotton C.I.F, ]S^orthern Europe (adjusted downward by 
the average difference during the period April 15 through October 15 
of the year in which the loan is announced between such average 
Northern Europe price quotation of such quality of cotton and the 
market quotations in the designated United States spot markets for 
Strict Low Middling one and one-sixteenth inch cotton (micronaire 
3.5 through 4.9)). The loan level for any crop of cotton shall be 
determined and announced by the Secretary not later than November 1 
of the calendar year preceding the marketing year for which such 
loan is to be effective, and such level shall not thereafter be changed. 
The rate of interest on loans to cooperators under the provisions of 
this paragraph shall be established quarterly by the Commodity 
Credit Corporation on the basis of tl:e lowest current interest rate on 
ordinary obligations of the United States. Nonrecourse loans provided 
for in this subsection, shall, upon request of the cooperator during the 
tenth month of the loan period for the cotton, be made available for 
an additional term of eight months: Provided, 
That such request to 
extend the loan period shall not be approved in a month when the 
average price of Strict Low Middling one and one-sixteenth inch cotton 
(micronaire 3.5 through 4.9) in the designated spot markets for the 
preceding month exceeded 130 per centum of the average price of such 
quality of cotton in such markets for the preceding thirty-six month 
period: Provided 
further, 
That whenever the Secretary determines 
that the average price of Strict Low Middling one and one-sixteenth 
inch cotton (micronaire 3.5 through 4.9) in the designated spot markets 
for a month exceeded 130 per centum of the average price of sucli 
quality of cotton in such markets for the preceding thirty-six months, 
notwithstanding any other provision of law, the President shall imme-
diately establish and proclaim a special limited global import quota 
for upland cotton subject to the following conditions: 
"(A) The amount of the special quota shall be equal to twenty-
one days of domestic mill consumption of upland cotton at the 
seasonally adjusted average rate of the most recent three months 
for which data are available; 
"(B) If a special quota has been established under this subsec-
tion during the preceding twelve months, the amount of the quota 
next established hereunder shall be the smaller of twenty-one days 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 935 
of domestic mill consumption calculated as set forth in clause 
(A) of this subsection or the amount required to increase the 
supply to 130 per centum of the demand; 
"(C) As used in clause (B) of this paragraph, the term 'supply' "Supply." 
means, using the latest official data of the Bureau of the Census, 
the United States Department of Agriculture, and the United 
States Department of the Treasury, the carryover of upland cot-
ton at the beginning of the marketing year (adjusted to four hun-
dred and eighty-pound bales) in which the special quota is 
established, plus production of the current crop, plus imports to 
the latest date available during the marketing year, and the term "Demand." 
'demand' means the average seasonally adjusted annual rate of 
domestic mill consumption in the most recent three months for 
which data are available, plus the larger of average exports of 
upland cotton during the preceding six marketing years or cumu-
lative exports of upland cotton, plus outstanding export sales for 
the marketing year in which the special quota is established; and 
"(D) When a special quota is established under the provisions 
of this subsection, a ninety-day period from the effective date of 
the proclamation shall be allowed for entering cotton under such 
quota. 
"(2) Notwithstanding the foregoing provisions of this subsection, a 
special quota period shall not be established that overlaps an existing 
special quota period. 
"(3) Notwithstanding any other provision of law, the foregoing 
provisions of this subsection with respect to extension of the loan 
period and to proclamation of the special quota shall become effective 
upon the effective date of the Food and Agriculture Act of 1977 even 
though the cotton may be of a crop prior to the 1978 crop. 
"(4) Payments shall be made for each crop of upland cotton to the Payments, 
producers on each farm at a rate equal to the amount by which the 
higher of— 
"(A) the average market price received by farmers for upland 
cotton during the calendar year which includes the first five 
months of the marketing year for such crop, as determined by the 
Secretary, or 
"(B) the loan level determined under paragraph (1) for such 
crop 
is less than the established price per pound times in each case (i) the 
farm program acreage for cotton, determined in accordance with para-
graph (9) of this subsection (but in no event on a greater acreage than 
the acreage actually planted to cotton for harvest), multiplied by (ii) 
the farm program payment yield for cotton determined in accordance 
with paragraph (10) of this subsection. For the 1978 through 1981 Established 
crops, the established price shall be the established price for the previ- P"ce. 
ous year's crop adjusted to reflect any change in (i) the average 
adjusted cost of production for the two crop years immediately pre-
ceding the year for which the determination is made from (ii) the 
average adjusted cost of production for the two crop years immediately 
preceding the year previous to the one for which the determination 
is made. The adjusted cost of production for each of such years shall Adjusted cost of 
be determined by the Secretary on the basis of such information as the production. 
Secretary finds necessary and appropriate for the purpose and shall 
be limited to (i) variable costs, (ii) machinery ow^nership costs, and 
(iii) general farm overhead costs, allocated to the crops involved on 
the basis of the proportion of the value of the total production derived 
from each crop: Provided^ That in no event shall the established price 
for the 1978 crop be less than 52 cents per pound and for each subse-
91 STAT. 936 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Prevented 
planting disaster 
payments. 
quent crop be less than 51 cents per pound. The total quantity on which 
payments would otherwise be payable to a producer for any crop under 
this paragraph shall be reduced by the quantity on which any disaster 
payment is made to the producer for the crop under paragraph (5) (B) 
of this subsection. 
"(5) (A) Effective only with respect to the 1978 and 1979 crops of 
upland cotton, if the Secretary determines that the producers on a farm 
are prevented from planting any portion of the acreage intended for 
cotton to cotton or other nonconserving crops because of drought, flood, 
or other natural disaster, or other condition beyond the control of the 
J
- 
producers, the Secretary shall make a prevented planting disaster pay-
ment to the producers on the number of acres so affected but not to 
exceed the acreage planted to cotton for harvest (including any acre-
age which the producers were prevented from planting to cotton or 
other nonconserving crop in lieu of cotton because of drought, flood, or 
other natural disaster, or other condition beyond the control of the 
producers) in the immediately preceding year, multiplied by 75 per 
centum of the farm program payment yield established by the Secre-
tary times a payment rate equal to 33i/^ per centum of the established 
price for the crop. 
"(B) Effective only with respect to the 1978 and 1979 crops of 
^ 
upland cotton, if the Secretary determines that because of drought, 
flood, or other natural disaster, or other condition beyond the control 
of the producers, the total quantity of cotton which the producers are 
able to harvest on any farm is less than the result of multiplying 75 
per centum of the farm program payment yield established by the Sec-
retary for such crop by the acreage planted to harvest for such crop, 
the Secretary shall make a farm disaster payment to the producers at a 
rate equal to 331/^ per centum of the established price for the crop for 
the deficiency in production below 75 per centum for the crop. 
Payment sharing. 
"(6) The Secretary shall provide for the sharing of payments made 
under this subsection for any farm among the producers on the farm 
on a fair and equitable basis. 
"(7) The Secretary shall establish for each of the 1978 through 1981 
crops of upland cotton a national program acreage. Such national pro-
gram acreage shall be announced by the Secretary not later than 
December 15 of the calendar year preceding the year for which such 
acreage is established. The Secretary may revise the national pro2:ram 
acreage first announced for any crop year for the purpose of deter-
mining the allocation factor under paragraph (8) of this subsection 
if the Secretary determines it necessary based upon the latest informa-
tion, and the Secretary shall announce such revised national program 
acreage as soon as it has been made. The national program acreage shall 
be the number of harvested acres the Secretary determines (on the 
basis of the estimated weighted national average of the farm program 
yields for the crop for which the determination is made) will produce 
the quantity (less imports) that the Secretary estimates will be uti-
lized domestically and for export during the marketing year for such 
crop. The national program acreage shall be subject to such adjust-
ment as the Secretary determines necessary, taking into consideration 
the estimated carryover supply, so as to provide for an adequate but 
not excessive total supply of cotton for the marketing year for the crop 
for which such national program acreage is established. In no event 
shall the national program acreage be less than 10 million acres. 
"(8) The Secretary shall determine a program allocation factor for 
each crop of upland cotton. The allocation factor (not to exceed 100 
per centum) shall be determined by dividing the national program 
National program 
acreage. 
Announcement. 
Revision. 
Adjustment. 
Allocation factor. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 937 
acreage for the crop by the number of acres which the Secretary esti-
mates will be harvested for such crop. 
"(9) The individual farm program acreage for each crop of upland 
cotton shall be determined by multiplying the allocation factor by the 
acreage of cotton planted for harvest on the farms for which indi-
vidual farm program acreages are required to be determined: Pro-
vided^ That the cotton acreage eligible for payment on a farm shall not 
be further reduced by application of the allocation factor if the pro-
ducers reduce the acreage of cotton planted for harvest on the farm 
from the previous year by at least the percentage recommended by the 
Secretary in the announcement of the national program acreage made 
not later than December 15 of the calendar year preceding the year for 
which such acreage is established. The Secretary shall provide fair and 
equitable treatment for producers on farms on which the acreage of 
i 
cotton planted for harvest is less than for the preceding year, but the 
reduction is insufficient to exempt the farm from the application of the 
allocation factor. In establishing the allocation factor, the Secretary 
is authorized to make such adjustment as the Secretary deems neces-
sary to take into account the extent of exemption of farms under the 
foregoing provisions of this paragraph. 
"(10) The farm program payment yield for each crop of upland Payment yields, 
cotton shall be determined on the basis of the actual yields per har-
vested acre on the farm for the preceding three years: Provided^ That 
the actual yields shall be adjusted by the Secretary for abnormal yields 
in any year caused by drought, flood, or other natural disaster, or other 
condition beyond the control of the producers. In case farm yield 
data for one or more years are unavailable or there was no production, 
the Secretary shall provide for appraisals to be made on the basis of 
actual yields and program payment yields for similar farms in the 
area for which data are available. Notwithstanding the foregoing pro-
visions of this paragraph, in the determination of yields, the Secre-
tary shall take into account the actual yields proved by the producer, 
and neither such yields nor the farm program payment yield estab-
lished on the basis of such yields shall be reduced under other provi-
sions of this paragraph. If the Secretary determines it necessary, the 
Secretary may establish national. State, or county program payment 
yields on the basis of historical yields, as adjusted by the Secretary 
to correct for abnormal factors aifecting such yields in the historical 
period, or, if such data are not available, on the Secretary's estimate 
of actual yields for the crop year involved. In the event national. State, 
or county program payment yields are established, the farm program 
payment yields shall balance to the national, State, or county program 
payment yields. 
"(11) (A) The Secretary shall provide for a set-aside of cropland if 
the Secretary determines that the total supply of upland cotton will, 
in the absence of such a set-aside, likely be excessive taking into account 
the need for an adequate carryover to maintain reasonable and 
stable supplies and prices and to meet a national emergency. If a set-
aside of cropland is in effect under this paragraph, then as a condition 
of eligibility for loans, purchases, and payments on upland cotton, the 
producers on a farm must set aside and devote to conservation uses an 
acreage of cropland equal to a specified percentage as determined by 
the Secretary (but not to exceed 28 per centum), of the acreage of 
upland cotton planted for harvest for the crop year for which a 
set-aside is in effect. The set-aside acreage shall be devoted to conser-
vation uses in accordance with regulations issued by the Secretary 
which will assure protection of such acreage from weeds and wind and 
water erosion; however, the Secretary may permit, subject to such 
Cropland set-
aside. 
Regulations. 
91 STAT. 938 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Land diversion 
payments. 
Contracts. 
terms and conditions as the Secretary may prescribe, all or any part 
of the set-aside acreage to be devoted to sweet sorghum, hay, and 
grazing or the production of guar, sesame, safflower, sunflower, castor 
beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, 
rye, or other commodity, if the Secretary determines that such pro-
duction is needed to provide an adequate supply, is not likely to 
increase the cost of the price support program, and will not adversely 
Limitation. 
affect farm income. The Secretary may limit the acreage planted to 
upland cotton. Such limitation shall be applied on a uniform basis 
to all cotton-producing farms. Producers on a farm who knowingly 
plant cotton in excess of the permitted cotton acreage for the farm 
shall be ineligible for cotton loans or payments with respect to that 
farm. 
"(B) The Secretary may make land diversion payments to producers 
of upland cotton, whether or not a set-aside for upland cotton is in 
effect, if the Secretary determines that such land diversion payments 
are necessary to assist in adjusting the total national acreage of upland 
cotton to desirable goals. Such land diversion payments shall be made 
to producers on a farm who, to the extent prescribed by the Secretary, 
devote to approved conservation uses an acreage of cropland on the 
farm in accordance with land diversion contracts entered into by 
the Secretary with such producers. The amounts payable to producers 
under land diversion contracts may be determined through the sub-
mission of bids for such contracts by producers in such manner as 
the Secretary may prescribe or through such other means as the 
Secretary determines appropriate. In determining the acceptability 
of contract offers, the Secretary shall take into consideration the extent 
of the diversion to be undertaken by the producers and the productivity 
of the acreage diverted. The Secretary shall limit the total acreage to 
be diverted under agreements in any county or local community so 
as not to affect adversely the economy of the county or local community. 
"(C) The set-aside acreage and the additional diverted acreage may 
be devoted to wildlife food plots or wildlife habitat in conformity 
with standards established by the Secretary in consultation with wild-
life agencies. The Secretary may pay an appropriate share of the 
cost of practices designed to carry out the purposes of the foregoing 
sentence. The Secretary may provide for an additional payment on 
such acreage in an amount determined by the Secretary to be appro-
priate in relation to the benefit to the general public if the producer 
agrees to permit, without other compensation, access to all or such 
portion of the farm, as the Secretary may prescribe, by the general 
public, for hunting, trapping, fishing, and hiking, subject to applicable 
State and Federal regulations. 
Agreement, 
"(12) If the Operator of the farm desires to participate in the pro-
"^^"8- 
gram formulated under this subsection, the operator shall file an 
agreement to do so no later than such date as the Secretary ma}^ pre-
scribe. Loans, purchases, and payments under this subsection shall be 
made available to the producers on such farm only if the producers set 
aside and devote to approved soil conserving uses an acreage on the 
farm equal to the number of acres which the operator agrees to set 
aside and devote to approved soil conserving uses, and the agreement 
Termination or 
shall S
O provide. The Secretary may, by mutual agreement with the 
modification. 
producers, terminate or modify any such agreement entered into pur-
suant to this subsection if the Secretary determines such action 
necessary because of an emergency created by drought or other disas-
ter, or in order to alleviate a shortage in the supply of agricultural 
commodities. 
Wildlife habitat. 
Payment. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 939 
"(13) The Secretary shall provide adequate safeguards to protect Safeguards, 
the interests of tenants and sharecroppers. 
" (14) In any case in which the failure of a producer to comply fully 
with the terms and conditions of the program formulated under this 
subsection precludes the making of loans, purchases, and payments, 
the Secretary may, nevertheless, make such loans, purchases, and pay-
ments in such amounts as the Secretary determines to be equitable in 
relation to the seriousness of the default. 
"(15) The Secretary is authorized to issue such regulations as the Regulations. 
Secretary determines necessary to carry out the provisions of this 
subsection. 
"(16) The Secretary shall carry out the program authorized by this 
subsection through the Commodity Credit Corporation. 
"(17) The provisions of subsection 8(g) of the Soil Conservation 
and Domestic Allotment Act, as amended (relating to assignment of 16 USC 590h. 
payments), shall apply to payments under this subsection.". 
COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS 
SEC. 603. Effective only with respect to the period beginning 
August 1,1978, and ending July 31,1982, the tenth sentence of section 
407 of the Agricultural Act of 1949, as amended, is amended by strik-
ing out all of that sentence through the words "110 per cen'^um of the 
loan rate, and (2)" and inserting in lieu thereof the following: "Not-
withstanding any other provision of law, (1) the Commodity Credit 
Corporation shall sell upland cotton for unrestricted use at the same 
prices as it sells cotton for export, in no event, however, at less than 
115 per centum of the loan rate for Strict Low Middling one and one-
sixteenth inch upland cotton (micronaire 3.5 through 4.9) adjusted 
for such current market differentials reflecting grade, quality, location, 
and other value factors as the Secretary determines appropriate plus 
reasonable carrying charges, and (2)". 
Cotton. 
7 USC 1427. 
MISCELLANEOUS COTTON PROVISIONS 
SEC. 604. (a) Section 408(b) of the Agricultural Act of 1949, as Cooperator. 
amended, is amended by inserting immediately before the period at the 7 USC 1428. 
end of the first sentence the following: ": Provided fwrther^ That for 
the 1978 through 1981 crops of upland cotton, a cooperator shall be a 
producer on a farm who has set aside the acreage required under sec-
tion 103(f)". 
^«te, p. 934. 
(b) Section 408(1) of the Agricultural Act of 1949, as added by 
the Agricultural Act of 1970, as amended, to be effective for the 1971 
through 1977 crops, shall be effective for the 1978 through 1981 crops, 
and shall read as follows: 
a 
REFERENCES TO TERMS MADE APPLICABLE TO UPLAND COTTON 
Post, p. 956. 
7 USC 1736, 
1431. 
"(1) References made in sections 402, 403, 406, and 416 to the 
terms 'support price', 'level of support', and 'level of price support' 
shall be considered to apply as well to the level of loans and purchases 
for upland cotton under this Act; and references made to the terms 
'price support', 'price support operations', and 'price support program' 
in such sections and in section 401(a) shall be considered as applying Post, p. 956. 
as well to the loan and purchase operations for upland cotton under 
this Act.". 
(c) Sections 103(a) and 203 of the Agricultural Act of 1949, as 7 USC 1446d 
amended, shall not be applicable to the 1978 through 1981 crops. 
"ote. 
7 USC 1444, 
1446d. 
91 STAT. 940 
PUBLIC LAW 95-113—SEPT. 29, 1977 
. i , = 
i 
-A ; 
• 
.!, 
SKIPROW PRACTICES 
SEC. 605. Section 374(a) of the Agricultural Adjustment Act of 
7 use 1374. 
1938, as amended, is amended by striking out "1977" in the last sen-
tence and inserting in lieu thereof "1981". 
PRELIMINARY ALLOTMENTS FOR 1982 CROP OF UPLAND COTTON 
7 use 1342 note. 
SEC. 606. Notwithstanding any other provision of law, the perma-
nent State, county, and farm base acreage allotments for the 1977 crop 
of upland cotton, adjusted for any underplantings in 1977 and recon-
stituted as provided in section 379 of the Agricultural Adjustment Act 
7 use 1379. 
of 1938, as amended, shall again become effective as preliminary allot-
ments for the 1982 crop. 
EXTRA LONG STAPLE COTTON 
SEC. 607. Section 101(f) of the Agricultural Act of 1949, as 
7 use 1441. 
amended, is amended by striking out the words "Middling one-inch" 
appearing in the first sentence and inserting in lieu thereof "Strict 
Low Middling one and one-sixteenth inch". 
TITLE VII—RICE 
7 use 1352 
and note. 
NATIONAL ACREAGE ALLOTMENT AND ALLOCATION 
SEC. 701. Effective beginning with the 1978 crop of rice, section 101 
of the Rice Production Act of 1975 is amended by striking out "1976 
and 1977" each place it occurs and inserting in lieu thereof "1976 
through 1981". 
LOAN RATES, TARGET PRICES, AND SET-ASIDE FOR THE 19 78 
THROUGH 1981 CROPS 
SEC. 702. Effective only for the 1978 through 1981 crops of rice, sec-
tion 101 of the Agricultural Act of 1949, as amended, is amended by 
adding a new subsection (h) as follows: 
7 use 1441. 
" (h) Notwithstanding any other provision of law— 
Established 
"(1) For the 1978 through 1981 crops of rice, the established 
P"^^- 
price for the purpose of making payments under this subsection 
shall be the established price for the previous year's crop adjusted 
to reflect any change in (i) the average adjusted cost of produc-
tion for the two crop years immediately preceding the year for 
which the determination is made from (ii) the average adjusted 
cost of production for the two crop years immediately preceding 
the year previous to the one for which the determination is made. 
Adjusted cost of 
The adjusted cost of production for each of such years shall be 
production. 
determined by the Secertary on the basis of such information as 
the Secretary finds necessary and appropriate for the purpose and 
shall be limited to (i) variable costs, (ii) machinery ownership 
costs, and (iii) general farm overhead costs, allocated to the crops 
involved on the basis of the proportion of the value of the total 
production derived from each crop. 
Loans and 
. 
. 
"(2) The Secretary shall make available, to cooperators in the 
purchases. 
several States of the United States, loans and purchases for each 
of the 1978 through 1981 crops of rice at such level as bears the 
same ratio to the loan level for the preceding year's crop as the 
established price for each such crop bears to the established price 
for the preceding year's crop. If the Secretary determines that 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 941 
loans and purchases at the foregoing level for any of the 1978 
through 1981 crops would substantially discourage the exporta-
tion of rice and result in excessive stocks of rice in the United 
States, the Secretary may, notwithstanding the foregoing provi-
sions of this paragraph, establish loans and purchases for such 
crop or crops at such level, not less than $6.31 per hundredweight 
nor more than the parity price thereof, as the Secretary deter-
mines necessary to avoid such consequences. The loans and pur-
chases shall be made available to cooperators on a farm with 
respect to a quantity of rice determined by multiplying the allot-
ment by the yield established for the farm, as determined in the 
manner described in the second sentence of paragraph (4) (A) of 
this subsection. 
"(3) The Secretary shall make available to cooperators pay- 
Payments 
ments for each of the 1978 through the 1981 crops of rice grown 
in the several States of the United States at a rate equal to the 
amount by which the established price for the crop of rice exceeds 
the higher of— 
"(A) the national average market price received by farm-
ers during the first five months of the marketing year for such 
crop, as determined by the Secretary, or 
"(B) the loan level determined under paragraph (2) for 
such crop. 
"(4) (A) The payments for each such crop shall be made avail-
able to cooperators on a farm with respect to a quantity of rice 
determined by multiplying that portion of the allotment planted 
to rice by the yield established for the farm: Provided^ That an 
acreage on the farm which the Secretary determines was not 
planted to rice because of drought, flood, or other natural disaster, 
or other condition beyond the control of the cooperators shall be 
considered to be an acreage planted to rice. The yield for the farm 
for any year shall be determined on the basis of the actual yields 
per harvested acre for the three preceding years: Provided^ That 
the actual yields shall be adjusted by the Secretary for abnormal 
yields in any year caused by drought, flood, other natural disaster, 
or other condition beyond the control of the cooperators. The total 
quantity on which payments would otherwise be payable to a 
cooperator for any crop under this subparagraph shall be reduced 
by the quantity on which any disaster payment is made to the 
cooperator on a farm for the crop under this paragraph. 
"(B) Effective only with respect to the 1978 and 1979 crops of 
rice, if the Secretary determines that the persons involved in pro-
ducing rice on a farm are prevented from planting all or any por-
tion of the acreage allotments of producers on the farm or the farm 
acreage allotment to rice or other nonconserving crops because of 
drought, flood, or other natural disaster, or other condition beyond 
the control of the producers, the Secretary shall make a prevented 
planting disaster payment to cooperators on a farm in an amount 
determined by multiplying (i) the number of such acres so 
affected, by (ii) the yield established for the farm, by (iii) 331^ 
per centum of the established price for rice, except that the Secre-
tary shall make no payment pursuant to this sentence on a farm 
from which acres were transferred under section 352(d) of the 
Agricultural Adjustment Act of 1938, as amended, with respect to 7 USC 1352 
the transferred acreage. 
"(C) Effective only with respect to the 1978 and 1979 crops of 
rice, if the Secretary determines that because of drought, flood, or 
other natural disaster, or other condition beyond the control of the 
Prevented 
planting disaste 
payments. 
Farm disaster 
payments. 
91 STAT. 942 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 use 1352. 
Cropland set-
aside. 
Eligibility. 
Land diversion 
payments. 
Contracts. 
Bids, submittal. 
producers, the total quantity of rice which the persons involved 
in producing rice on a farm are able to harvest on the acreage 
allotments of producers on the farm or the farm acreage allotment 
is less than the result of multiplying 75 per centum of the yield 
established for the farm by the acreage within the allotment 
planted to rice for harvest for such crop, the Secretary shall 
make a farm disaster payment to the cooperators on the farm for 
the deficiency in production below 75 per centum of the crop at a 
rate equal to 33i/^ per centum of the established price for the 
crop. 
"(D) Any payment made under subparagraphs (B) and (C) 
of this paragraph with regard to acres transferred under section 
352(d) of the Agricultural Adjustment Act of 1938, as amended, 
shall be calculated with respect to the farm yield established on 
the farm to which such acres were transferred. 
"(5) The Secretary shall provide for a set-aside of cropland 
if the Secretary determines that the total supply of rice will, in 
the absence of such set-aside, likely be excessive taking into 
account the need for an adequate carryover to maintain reasonable 
and stable supplies and prices and to meet a national emergency. 
If a set-aside of cropland is in effect under this paragraph, then 
as a condition of eligibility for loans, purchases, and payments 
under this subsection, the cooperators on a farm must set aside 
and devote to conservation uses an acreage of cropland equal to 
(i) such percentage of the farm acreage allotment as may be speci-
fied by the Secretary (not to exceed 30 per centum of the farm 
acreage allotment), plus, if required by the Secretary, (ii) the 
acreage of cropland on the farm devoted in preceding years to soil 
conserving uses, as determined by the Secretary. The set-aside 
acreage shall be devoted to conservation uses, in accordance with 
regulations issued by the Secretary, which will assure protection 
of such acreage from weeds and wind and water erosion; 
however, the Secretary may permit, subject to such terms and con-
ditions as the Secretary may prescribe, all or any part of the set-
aside acreage to be devoted to sweet sorghum, hay, and grazing or 
the production of guar, sesame, safflower, sunflower, castor beans, 
mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, 
rye, or other commodity, if the Secretary determines that such 
production is needed to provide an adequate supply of such com-
modities, is not likely to increase the cost of the price support 
program, and will not adversely affect farm income. 
"(6) The Secretary may make land diversion payments to 
cooperators, whether or not a set-aside for rice is in effect, if the 
Secretary determines that such land diversion payments are neces-
sary to assist in adjusting the total national acreage of rice to 
desirable goals. Such land diversion payments shall be made to 
cooperators on a farm who, to the extent prescribed by the Sec-
retary, devote to approved conservation uses an acreage of crop-
land on the farm in accordance with land diversion contracts 
entered into by the Secretary with such cooperators. The amounts 
payable to cooperators under land diversion contracts may be 
determined through the submission of bids for such contracts by 
cooperators in such manner as the Secretary may prescribe or 
through such other means as the Secretary determines appropri-
ate. In determining the acceptability of contract offers, the Sec-
retary shall take into consideration the extent of the diversion to 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 943 
Consultation. 
Payment. 
Agreement, 
filing. 
be undertaken by the cooperators and the productivity of the 
acreage diverted. The Secretary shall limit the total acreage to be 
diverted under agreements in any county or local community so 
as not to affect adversely the economy of the county or local 
community. 
"(7) The set-aside acreage and the additional diverted acreage 
may be devoted to wildlife food plots or wildlife habitat in con-
formity with standards established by the Secretary in consulta-
tion with wildlife agencies. The Secretary may pay an appropriate 
share of the cost of practices designed to carry out the purposes of 
the foregoing sentence. The Secretary may provide for an addi-
tional payment on such acreage in an amount determined by the 
Secretary to be appropriate in relation to the benefit to the gen-
eral public if the cooperator agrees to permit, without other 
compensation, access to all or such portion of the farm, as the 
Secretary may prescribe, by the general public, for hunting, 
trapping, fishing, and hiking, subject to applicable State and 
Federal regulations. 
"(8) If the operator of the farm desires to participate in the 
program formulated under this subsection the operator shall file 
an agreement to do so no later than such date as the Secretary may 
prescribe. Loans, purchases, and payments under this subsection 
shall be made available to cooperators on such farm only if such 
cooperators set aside and devote to approved soil conserving uses 
an acreage on the farm equal to the number of acres which the 
operator of the farm agrees to set aside and devote to approved 
soil conserving uses, and the agreement shall so provide. The Sec-
retary may, by mutual agreement with the cooperators on the 
farm, terminate or modify any such agreement entered into pur-
suant to this subsection if the Secretary determines such action 
necessary because of any emergency created by drought or other 
disaster, or in order to alleviate a shortage in the supply of rice. 
"(9) The Secretary shall provide adequate safeguards to pro- Safeguards 
tect the interests of tenants and sharecroppers, including provi-
sion for sharing, on a fair and equitable basis in payments under 
this subsection. 
"(10) In any case in which the failure of a cooperator to com-
ply fully with the terms and conditions of the program formulated 
under this subsection precludes the making of loans, purchases, 
and payments, the Secretary may, nevertheless, make such loans, 
purchases, and payments in such amounts as the Secretary 
determines to be equitable in relation to the seriousness of the 
default. 
"(11) The Secretary is authorized to issue such regulations 
as the Secretary determines necessary to carry out the provisions 
of this subsection. 
"(12) The Secretary shall carry out the program authorized by 
this subsection through the Commodity Credit Corporation. 
"(13) The provisions of subsection 8(g) of the Soil Conserva-
tion and Domestic Allotment Act (relating to assignment of 
payments) shall apply to payments under this subsection,". 
Termination or 
modification. 
Regulations. 
16 use 590h. 
SUSPENSION o r MARKETING QUOTAS AND OTHER PROVISIONS 
SEC. 703. Sections 353, 354, 355, 356, and 377 of the Agricultural 
7 USC1353 note. 
Adjustment Act of 1938, as amended, shall not be applicable to the 
7 usc 1353-
1978 through 1981 crops of rice. 
1356, 1377. 
91 STAT. 944 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Ante, p. 939. 
DEFINITION OF COOPERATOR 
SEC. 704. The last proviso in the first sentence of section 408(b) 
of the Agricultural Act of 1949, as added by section 303 of the Rice 
Production Act of 1975, is amended by striking out "and 1977" and 
inserting in lieu thereof "through 1981". 
CONFORMING AMENDMENT 
7 use 1736b. 
SEC. 705. Section 408 (m) of the Agricultural Act of 1949, as added 
by the Rice Production Act of 1975, to be effective for the 1976 and 
1977 crops, shall be effective for the 1978 through 1981 crops, and 
shall read as follows: 
Post, p. 956. 
7 use 1736. 
Ante, pp. 927, 
939. 
7 use 1431. 
Post, p. 956. 
REFERENCES TO TERMS MADE APPLICABLE TO RICE 
"(m) References made in sections 402, 403, 406, 407, and 416 to the 
terms 'support price', 'level of support', and 'level of price support' 
shall bo considered to apply as well to the level of loans and purchases 
for rice under this Act; and references made to the terms 'price sup-
port', 'price support operation', and 'price support program' in such 
sections and in section 401(a) shall be considered as applying as well 
to the loan and purchase operations for rice under this Act.". 
TITLE VIII—PEANUTS 
ANNUAL MARKETING QUOTA AND STATE ACREAGE ALLOTMENT 
SEC 801. Section 358 of the Agricultural Adjustment Act of 1938; 
7 use 1358. 
as amended, is amended as follows: 
7 use 1358note. 
(a) Subsections (a) and (e) shall not be applicable to the 1978 
through 1981 crops of peanuts. 
7 use 1358. 
(b) Subsection (c) (1) is amended, effective for the 1978 through 
1981 crops of peanuts, by striking out the period at the end of the 
second sentence and inserting in lieu thereof the following: ": Pro-
vided, That the peanut acreage allotment for the State of New Mexico 
.shall not be reduced below the 1977 acreage allotment as increased 
pursuant to subsection (c) (2) of this section.". 
NATIONAL ACREAGE ALLOTMENT; NATIONAL POUNDAGE QUOTA ; FARM 
POUNDAGE QUOTA ; AND DEFINITIONS 
SEC. 802. Effective for the 1978 through 1981 crops of peanuts, sec-
tion 358 of the Agricultural Adjustment Act of 1938, as amended, is 
• ' ' 
amended by adding at the end thereof new subsections (k) through 
(p) as follows: 
Announcements. 
"(k) The Secretary shall, not later than December 1 of each year, 
announce a national acreage allotment for peanuts for the following 
crop taking into consideration projected domestic use, exports, and a 
. . 
reasonable carryover: Provided, That such allotment shall be not less 
than one million six hundred and fourteen thousand acres. 
"(1) The Secretary shall, not later than December 1 of each year, 
announce a minimum national poundage quota for peanuts for the 
following marketing year of the following amounts: 1978, 1,680,000 
tons; 1979, 1,596,000 tons; 1980, ,1,516,000-tons; and 1981, 1,440,000 
tons. If the Secretary determines that the minimum national poundage 
quota for any marketing year is insufficient to meet total estimated 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 945 
Farm base 
production 
poundage. 
Farm poundage 
quota. 
requirements for domestic edible use and a reasonable carryover, the 
national poundage quota for the marketing year may be increased by 
the Secretary to the extent determined by the Secretary to be necessary 
to meet such requirements. 
"(m) For each farm for which a farm acreage allotment has been Farm yield, 
established, a farm yield for peanuts shall be determined. Such yield 
shall be equal to the average of the actual yield per acre on the farm 
for each of the three crop years in which yields were highest on the 
farm out of the five crop years 1973 through 1977: Provided^ That if 
peanuts were not produced on the farm in at least three years during 
such five-year period or there was a substantial change in the opera-
tion of the farm during such period (including, but not limited to, 
a change in operator, lessee who is an operator, or irrigation prac-
tices), the Secretary shall have a yield appraised for the farm. The 
appraised yield shall be that amount determined to be fair and reason-
able on the basis of yields established for similar farms which are 
located in the area of the farm and on which peanuts were produced, 
taking into consideration land, labor, and equipment available for the 
production of peanuts, crop rotation practices, soil and water, and 
other relevant factors, 
"(n) For each farm, a farm base production poundage shall be 
established equal to the quantity determined by multiplying the farm 
peanut acreage allotment by the farm yield determined in accordance 
with subsection (m) of this section. 
"(o) For each farm, a farm poundage quota shall be established by 
the Secretary for each marketing year equal to the farm base produc-
tion poundage multiplied by a factor determined by the Secretary, 
such that the total of all farm poundage quotas will equal the national 
poundage quota for such marketing year. The poundage quota so 
determined, beginning with the 1979 crop for any farm, shall be 
increased by the number of pounds by which marketings of quota pea-
nuts from the farm during the immediately preceding marketing j^ear 
were less than the farm poundage quota: Provided^ That total market-
ings shall not exceed actual production from the farm acreage allot-
ment : Provided further^ That the grower must have planted in such 
preceding marketing year that part of the farm allotment estimated 
on the basis of the farm yield to be sufficient to produce the total farm 
poundage quota: Provided further^ That if the total of all such Adjustment 
increases in individual farm poundage quotas exceeds 10 per centum of 
the national poundage quota for the marketing year, the Secretary 
shall adjust such increases so that the total of all increases does not 
exceed 10 per centum of the national poundage quota. 
"(p) For the purposes of this part and title I of the Agricultural 
Act of 1949, as amended— 
"(1) 'quota peanuts' means, for any marketing year, any pea-
nuts which are eligible for domestic edible use as determined by 
the Secretary, which are marketed or considered marketed from 
a farm, and which do not exceed the farm poundage quota of such 
farm for such year; 
"(2) 'additional peanuts' means, for any marketing year, any 
peanuts which are marketed from a farm and which are in excess 
of the marketings of quota peanuts from such farm for such year 
but not in excess of the actual production of the farm acreage 
allotment; 
"(3) 'crushing' means the processing of peanuts to extract oil 
for food uses and meal for feed uses, or the processing of peanuts 
Limitation. 
Definitions. 
7 u s e 1441. 
91 STAT. 946 
PUBLIC LAW 95-113—SEPT. 29, 1977 
by crushing or otherwise when authorized by the Secretary; and 
" (4) 'domestic edible use' means use for milling to produce 
domestic food peanuts and seed and use on a farm.". 
SALE, 
LEASE, 
AND TRANSFER OF ACREAGE ALLOTMENT 
SEC. 803. Effective for the 1978 through 1981 crops of peanuts, sec-
7 use 1358a. 
tion 358a of the Agricultural Adjustment Act of 1938, as amended, is 
amended by— 
(1) in subsection (a) — 
(i) striking out ". if he determines that it will not impair 
the eii'ective operation of the peanut marketing quota or price 
support program,": and 
(ii) striking out "'may" each place that term appears and 
inserting ""shnU" in lieu thereof: and 
(2) adding at the end thereof a new subsection (i) as follows: 
"(i) Xotwithstanding any other provision of this section, transfers 
shall be on the basis of the farm base production poundage, and the 
acreage allotment for the receiving farm shall be increased by an 
amount determined by dividing the number of pounds transferred by 
the farm yield for the receiving farm, and the acreage allotment for 
the transferring farm shall be reduced by an amount determined by 
dividing the number of pounds transferred by the farm yield for th^ 
transferring farm.". 
7 use 1359. 
Post, p. 947. 
Penalty. 
MARKETING PENALTIES; DISPOSITION OF ADDITIONAL PEANUTS 
SEC. 804. Effective for the 1978 through 1981 crops of peanuts, sec-
tion 359 of the Agricultural Adjustment Act of 1938, as amended, is 
amended by— 
(1) striking out in the first sentence of subsection (a) "75 per 
centum of the support price for" and inserting in lieu thereof 
"120 per centum of the support price for quota"; 
(2) inserting after the first sentence of subsection (a) a new 
sentence as follows: "The marketing of any additional peanuts 
from a farm shall be subject to the same penalty unless the pea-
nuts, in accordance with regulations established hj the Secretary, 
are placed under loan at the additional loan rate under the loan 
program made available under section 108 (b) of the Agricultural 
Act of 1949 and not redeemed by the producers or are marketed 
under contracts between handlers and producers pursuant to the 
provisions of subsection (i) of this section."; 
(3) striking out "normal yield" in subsection (a) and inserting 
in lieu thereof "farm yield"; and 
(4) adding at the end thereof new subsections (f) through (j) 
as follows: 
"(f) Only quota peanuts may be retained for use as seed or for other 
uses on a farm and when so retained shall be considered as marketings 
of quota peanuts. Additional peanuts shall not be retained for use on 
a farm and shall not be marketed for domestic edible use. Seed for 
planting of any peanut acreage in the United States shall be obtained 
solely from quota peanuts marketed or considered marketed 
for 
domestic edible use. 
"(g) Upon a finding by the Secretary that the peanuts marketed 
from any crop for domestic edible use by a handler are larger in quan-
tity or higher in grade or quality than the peanuts that could reason-
ably be produced from the quantity of peanuts having the grade, 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 947 
kernel content, and quality of the quota peanuts acquired by such 
handler from such crop for such marketing, such handler shall l3e sub-
ject to a penalty equal to 120 per centum of the loan level for quota 
peanuts on the peanuts which the Secretary determines are in excess 
of the quantity, grade, or quality of the peanuts that could reasonably 
have been produced from the peanuts so acquired. 
"(h) The Secretary shall require that the handling and disposal of 
additional peanuts be supervised by agents of the Secretary or by area 
marketing associations designated pursuant to section 108(c) of the 
Agricultural Act of 1949. Quota and additional peanuts of like type infra. 
and segregation or quality may, under regulations prescribed by the 
Secretary, be commingled and exchanged on a dollar value basis to 
facilitate warehousing, handling, and marketing. 
"(i) Handlers may, under regulations prescribed by the Secretary, Contracts, 
contract with producers for the purchase of additional peanuts for 
crushing, export, or both. All such contracts shall be completed and 
submitted to the Secretary (or if designated by the Secretary, the area 
association) for approval prior to June 15 of the year in which the 
crop is produced. 
"(]) Subject to the provisions of sction 407 of the Agricultural Act 
of 1949, as amended, any peanuts owned or controlled by the Com- Ante, p. 927, 
modity Credit Corporation may be made available for domestic edible ^^9. 
use in accordance with regulations established by the Secretary. Addi-
tional peanuts received under loan shall be offered for sale for 
domestic edible use at prices not less than those required to cover all 
costs incurred with respect to such peanuts for such items as inspection, 
warehousing, shrinkage, and other expenses, plus (1) 100 per centum 
of the loan value of quota peanuts if the additional peanuts are sold 
and paid for during the harvest season upon delivery by the producer, 
or (2) 105 per centum of the loan value of quota peanuts if the addi-
tional peanuts are sold after delivery by the producer but not later 
than December 31 of the marketing year, or (3) 107 per centum of the 
loan value of quota peanuts if the additional peanuts are sold later 
than December 31 of the marketing year.". 
REPORTS AND RECORDS 
SEC. 805. Effective for the 1978 through 1981 crops of peanuts, the 
first sentence of section 373(a) of the Agricultural Adjustment Act of 
1938, as amended, is amended by inserting immediately before "all 7 USC 1373. 
brokers and dealers in peanuts" the following: "all farmers engaged 
in the production of peanuts,". 
PRESERVATION OF UNUSED ALLOTMENTS 
SEC. 806. Effective for the 1978 through 1981 crops of peanuts, 
section 377 of the Agricultural Adjustment Act of 1938, as amended, 7 USC 1377. 
is amended by inserting after the words "farm acreage allotment for 
such year" the following: "or, in the case of peanuts, an acreage 
sufficient to produce 75 per centum of the farm poundage quota". 
PRICE SUPPORT PROGRAM 
SEC. 807. Effective for the 1978 through 1981 crops of peanuts, title I 
of the Agricultural Act of 1949, as amended, is amended by adding at 
the end thereof a new section 108 as follows: 
91 STAT. 948 
PUBLIC LAW 95-113—SEPT. 29, 1977 
'PEANUT PROGRAM 
7 u s e 1445c. 
7 u s e 1421. 
Adjustments. 
7 u s e 1423. 
Warehouse 
storage loans. 
Ante, p. 946. 
Pools, 
establishment. 
Record retention. 
Net gains. 
"SEC. 108. Notwithstanding any other provision of law— 
"(a) The Secretary shall make price support available to producers 
through loans, purchases, or other operations on quota peanuts for 
each of the 1978 through 1981 crops at such levels as tlie Secretary 
finds appropriate, taking into consideration the eight factors specified 
in section 401(b) of this Act, and any change in the index of prices 
paid by farmers for production items, interest, taxes, and wage rates 
during the period beginning January 1 and ending December 31 of 
the calendar year immediately preceding the marketing year for which 
the level of support is being determined, but not less than $420 per ton. 
The levels of support so announced shall not be reduced by any deduc-
tions for inspection, handling, or storage: Provided, That the Secre-
tary may make adjustments for location of peanuts and such other 
adjustments as are authorized by section 403 of this Act. 
"(b) The Secretary shall make price support available to producers 
through loans, purchases, or other operations on additional peanuts 
for each of the 1978 through 1981 crops. In determining support levels, 
the Secretary shall take into consideration the demand for peanut oil 
and peanut meal, expected prices of other vegetable oils and protein 
meals, and the demand for peanuts in foreign markets. The Secretary 
shall announce the level of support for additional peanuts of each crop 
not later than February 15 preceding the marketing year for which the 
level of support is being determined. 
"(c) (1) In carrying out subsections (a) and (b) of this section, the 
Secretary may make warehouse storage loans available in each of the 
three producing areas (described in 7 CFR § 1446.4 (1977)) to a desig-
nated area marketing association of peanut producers which is selected 
and approved by the Secretary and which is operated primarily for 
the purpose of conducting such loan activities. Such associations may 
be used in administrative and supervisory activities relating to price 
support and marketing activities under this section and section 3,59 of 
the Agricultural Adjustment Act of 1938, as amended. Such loans 
shall include, in addition to the price support value of the peanuts, such 
costs as such association reasonably may incur in carrying out such 
responsibilities in its operations and activities under this section and 
section 359 of the Agricultural Adjustment Act of 1938, as amended. 
"(2) The Secretary may require that each such association establish 
pools and maintain complete and accurate records by type for ouota 
peanuts handled under loans and for additional peanuts produced 
without a contract between handler and producer described in section 
359 (i) of the Agricultural Adjustment Act of 1938. Net gains on pea-
nuts in each pool, unless otherwise approved by the Secretary, shall be 
distributed in proportion to the value of the peanuts placed in the pool 
by each grower. Net gains for peanuts in each pool shall consist of (A) 
for quota peanuts, the net gains over and above the loan indebtedness 
and other costs or losses incurred on peanuts placed in such pool plus 
an amount from the pool for additional peanuts to the extent of the 
net gains from the sale for domestic food and related uses of addi-
tional peanuts in the pool for additional peanuts equal to any loss on 
disposition of all peanuts in the pool for quota peanuts and (B) for 
additional peanuts, the net gains over and above the loan indebtedness 
and other costs or losses incurred on peanuts placed in the pool for 
additional peanuts less any amount allocated to offset any loss on the 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 949 
pool for quota peanuts as provided in clause (A) of this paragraph. 
Notwithstanding any other provision of this subsection, any distribu-
tion of net gains on additional peanuts of any type to any producer 
shall be reduced to the extent of any loss by the Commodity Credit 
Corporation on quota peanuts of a different type placed under loan 
by such grower.". 
TITLE IX—SOYBEANS AND SUGAR 
\ 
SOYBEAN PRICE SUPPORT 
• 
SEC. 901. Effective only with respect to the 1978 through 1981 crops 
of soybeans, section 201 of the Agricultural Act of 1949, as amended, Ante, p. 920. 
is amended by— 
(1) inserting in the first sentence after "tung nuts," the follow-
ing : "soybeans,"; and 
(2) adding at the end thereof a new subsection (e) as follows: 
"(e) The price of the 1978 through 1981 crops of soybeans shall be 
supported through loans and purchases at such levels as the Secretary 
determines appropriate in relation to competing commodities and tak-
ing into consideration domestic and foreign supply and demand fac-
tors : Provided, That notwithstanding the provisions of section 1001 of 
the Food and Agriculture Act of 1977, the Secretary shall not require 
a set-aside of soybean acreage as a condition of eligibility for price sup-
port for any commodity supported under the provisions of this Act.". 
SUGAR PRICE SUPPORT 
SEC. 902. Effective only with respect to the 1977 and 1978 crops of 
sugar beets and sugar cane, section 201 of the Agricultural Act of 1949, 
as amended, is amended by— 
(1) striking out in the first sentence "honey, and milk" and 
inserting in lieu thereof the following: "honey, milk, sugar beets, 
and sugar cane"; and 
(2) adding at the end thereof a new subsection (f) as follows: 
"(f) (1) The price of the 1977 and 1978 crops of sugar beets and 
sugar cane, respectively, shall be supported through loans or purchases 
with respect to the processed products thereof at a level not in excess 
of 65 per centum nor less than 52.5 per centum of the parity price there-
for : Provided, That the support level may in no event be less than 13.6 
cents per pound raw sugar equivalent. In carrying out the price sup-
port program authorized by this subsection, the Secretary shall estab-
lish minimum wage rates for agricultural employees engaged in the 
production of sugar. 
"(2) Notwithstanding any other provision of law, the Secretary Suspension 
may suspend the operation of the price support program authorized by 
this subsection whenever the Secretary determines that an interna-
tional sugar agreement is in effect which assures the maintenance in the 
United States of a price for sugar not less than 13.5 cents per pound 
raw sugar equivalent. 
"(3) Nothing in this subsection shall affect the authority of the 
Secretary to establish under any other provision of law a price sup-
port program for that portion of the 1977 crop of sugar cane and sugar 
.; 
beets marketed prior to the implementation of the program authorized 
by this subsection.". 
Minimum wage 
rates, 
establishment. 
91 STAT. 950 
PUBLIC LAW 95-113—SEPT. 29, 1977 
TITLE X—MISCELLANEOUS 
SET-ASIDE OF NORMALLY PLANTED ACREAGE 
7 use 1309. 
SEC. 1001. Notwithstanding- any other provision of law, whenever 
a set-aside is in effect for one or more of the 1978 through 1981 crops of 
wheat, feed grains, upland cotton, and rice, the Secretary of Agricul-
ture may require, as a condition of eligibility for loans, purchases, and 
7 use 1421 note, payments under the Agricultural Act of 1949, as amended, that the 
acreage normally planted to crops designated by the Secretary, 
adjusted as deemed necessary by the Secretary to be fair and equitable 
among producers, shall be reduced by the acreage of set-aside or 
diversion. 
AMERICAN AGRICULTURE PROTECTION PROGRAM 
7 use 1310. 
SEC. 1002. (a) Notwithstanding any other provision of law, when-
ever the President or any other member of the executive branch of the 
Federal Government causes to be suspended, based upon a determina-
tion of short supply, the commercial export sales of any commodity, as 
defined in subsection (c) of this section, to any country or area with 
which the United States otherwise continues commercial trade, the 
Secretary of Agriculture shall, on the day the suspension is initiated, 
set the loan level for such commodity under the Agricultural Act of 
1949, as amended, if a loan program is in effect for the commodity, at 
90 per centum of the parity price for the commodity, as such parity 
price is determined on the day the suspension is initiated, 
(b) Any loan level established pursuant to subsection (a) of this 
section shall remain in effect as long as the suspension of commercial 
export sales described in subsection (a) remains in effect. 
"Commodity." 
(c) For purposes of this section, the term "commodity" shall include 
any of the following: wheat, corn, grain sorghum, soybeans, oats, rye, 
barley, rice, flaxseed, and cotton. 
BUDGET AMENDMENT 
Price supports. 
SEC. 1003. (a) Effective only with respect to the 1978 through 1981 
7 use 1447. 
crops, section 301 of the Agricultural Act of 1949 is amended by add-
ing at the end thereof a new sentence as follows: "The Secretary is 
authorized to make price support available under this title for the 1978 
through 1981 crops of flaxseed, dry edible beans, gum naval stores, and 
in the case of the 1979 through 1981 crops, sugar beets and sugar cane, 
7 use 1446. 
and for any other nonbasic commodity not designated in title II, 
except that such authority shall terminate with respect to any com-
modity, other than those listed in this sentence, at the end of any crop 
year in which the net outlays for the commodity exceed $50 million.", 
(b) The amendment made by this section to the Agricultural Act of 
1949 shall not be operative in any manner with respect to any price 
support program in effect on the date of enactment of this Act. 
SPECIAL GRAZING AND HAY PROGRAM 
SEC. 1004. Title I of the Agricultural Act of 1949, as amended, is 
amended by adding at the end thereof a new section 109 as follows: 
7 use 1445d. 
"SEC. 109. Notwithstanding any other provision of law— 
"(a) The Secretary is authorized to administer a special wheat acre-
age grazing and hay program (hereinafter in this section referred to as 
the 'special program') in each of the crop years 1978 through 1981. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 951 
Under the special program, a producer shall be permitted to designate, Acreage, 
under such regulations as established by the Secretary, a portion of the designation, 
acreage on the farm intended to be planted to wheat, feed grains, or 
upland cotton for harvest, not in excess of 40 per centum thereof, or 
50 acres, whichever is greater, which shall be planted to wheat (or some 
other commodity other than corn or grain sorghum) and used by the 
producer for grazing purposes or hay rather than for commercial grain 
production. A producer who elects to participate in the special program Payment, 
shall receive a payment as provided in subsection (c) of this section. 
"(b) Any producer who elects to participate in the special program 
under this section shall designate the specific acreage on the farm which 
is to be used for the purposes set forth in subsection (a) of this section. 
No crop other than hay may be harvested from acreage included in the 
special program. 
"(c) The Secretary shall pay the producer participating in the spe-
cial program an amount determined by multiplying the farm program 
payment yield for w^ieat established for the farm, by the number of 
acres included in the special program, by a rate of payment determined 
by the Secretary to be fair and reasonable. The producer shall not be 
eligible for any other payment or price support on any portion of the 
acreage for the farm which the producer elects to include in the special 
program. 
"(d) Acreage included in the special program shall be in addition to 
any acreage included in any acreage set-aside program otherwise pro-
vided for by law. 
"(e) The Secretary is authorized to issue such regulations as the Regulations. 
Secretary determines necessary to carry out the provisions of this 
section. 
"(f) The Secretary shall carry out the special program through the 
Commodity Credit Corporation.". 
DAILY RELEASE OF REPORTS OF EXPORT SALES OF AGRICULTURAL 
COMMODITIES 
SEC. 1005. Section 812 of the Agricultural Act of 1970 is amended 
by inserting immediately after the third sentence thereof a new sen-
tence as follows: "When the Secretary requires that such information 
be reported by exporters on a daily basis, the information compiled 
from individual reports shall be made available to the public daily.". 
7 use 612C-3. 
FILBERTS 
SEC. 1006. Section 8e of the Agricultural Adjustment Act, as 
reenacted and amended by the Agricultural Marketing Agreement Act 
of 1937, is amended by inserting after "oranges, onions, walnuts, 7 U
S
C 608e-l. 
dates," the following: "filberts,". 
TITLE XI—GRAIN RESERVES 
P R O D U C E R S T O R A G E P R O G R A M F O R W H E A T AND FEED GRAINS 
SEC. 1101. Title I of the Agricultural Act of 1949, as amended, is 
amended by adding at the end thereof a new section 110 as follows: 
" P R O D U C E R STORAGE PROGRAM FOR WHEAT AND FEED GRAINS 
"SEC. 110. (a) The Secretary shall formulate and administer a pro-
gram under which producers of wheat and, in the discretion of the 
Secretary, producers of feed grains will be able to store wheat and 
7 USC 1445e. 
91 STAT. 952 
PUBLIC LAW 95-113—SEPT. 29, 1977 
feed grains when such commodities are in abundant supply and extend 
Safeguards. 
the time period for their orderly marketing. The Secretary shall estab-
lish safeguards to assure that wheat and feed grains held under the 
program shall not be utilized in any manner to unduly depress, manip-
ulate, or curtail the free market. The authority provided by this sec-
tion shall be in addition to other authorities available to the Secretary 
for carrying out producer loan and storage operations. 
Terms and 
"(b) In carrying out the producer storage program, the Secretary 
conditions. 
may provide original or extended price support loans for wheat and 
feed grains at the same level of support as provided by this Act under 
terms and conditions designed to encourage producers to store wheat 
and feed grains for extended periods of time in order to promote 
orderly marketing when wheat or feed grains are in abundant supply. 
Among such other terms and conditions as the Secretary may prescribe 
by regulation, the program shall provide for (1) repayment of such 
loans in not less than three years nor more than five years; (2) pay-
ment to producers of such amounts as the Secretary determines appro-
priate to cover the cost of storing wheat and feed grains held under the 
program; (3) a rate of interest determined by the Secretary based 
upon the rate of interest charged the Commodity Credit Corporation 
Waiver. 
by the United States Treasury, except that the Secretary may waive or 
adjust such interest; (4) recovery of amounts paid for storage, and for 
the payment of additional interest or other charges in the event such 
loans are repaid by producers before the market price for wheat or 
feed grains has reached the price levels specified in clause (5) of this 
subsection; (5) conditions designed to induce producers to redeem 
and market the wheat or feed grains securing such loans without 
regard to the maturity dates thereof whenever the Secretary deter-
mines that the market price of wheat has attained a specified level 
which is not less than 140 per centum nor more than 160 per centum 
of the then current level of price support for wheat or such appro-
priate level for feed srrains, as determined by the Secretary; and (6) 
conditions prescribed by the Secretary under which the Secretary may 
require producers to repay such loans, plus accrued interest thereon, 
refund amounts paid for storage, and pay such additional interest and 
other charges as may be required by regulation, whenever the Secre-
tary determines that the market price for the commodity is not less 
than 175 per centum of the then current level of price support for 
wheat or such appropriate level for feed grains as determined by the 
Secretary under this Act. 
Announcement. 
"(c) The Secretary shall announce the terms and conditions of the 
producer storage program as far in advance of making loans as prac-
ticable. In puch announcement, the Secretary shall specify the quantity 
of wheat or feed grains to be stored under the program which the Sec-
retary determines anpropriate to promote the orderly marketing of 
such commodities. The quantity of wheat shall not be less than three 
hundred million bushels nor more than seven hundred million bushels: 
Provided^ That such maximum amount may be adjusted by the Secre-
tary as necessary to meet such commitments as may be assumed by the 
United States pursuant to an international agreement containing pro-
visions relating to grain reserves. 
Restriction. 
"(d) Notwithstanding any other provision of law, whenever the 
extended loan program authorized by this section is in effect, the Com-
modity Credit Corporation may not sell any of its stocks of wheat or 
feed grains at less than 150 per centum of the then current level of 
price support for such commodity: Provided, 
That such restriction 
shall not apply to— 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 953 
7 u s e 1427. 
Ante, p. 927. 
Infra. 
Grain 
reconcentration. 
"(1) sales of such commodities which have substantially deteri-
orated in quality or as to which there is a danger of loss or waste 
through deterioration or spoilage; and 
"(2) sales or other disposals of such commodities under (A) the 
fifth and sixth sentences of section 407 of this Act; (B) the Act 
of September 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427 
note), and (C) section 813 of the Agricultural Act of 1970. 
"(e) The Secretary may, with the concurrence of the owner of grain 
stored under the program authorized by this section, reconcentrate all 
such grain stored in commercial warehouses at such points as the Sec-
retary deems to be in the public interest, taking into account such fac-
tors as transportation and normal marketing patterns. The Secretary 
shall permit rotation of stocks and facilitate maintenance of quality 
under regulations which assure that the holding producer or ware-
houseman shall, at all times, have available for delivery at the desig-
nated place of storage both the quantity and quality of grain covered 
by his commitment. 
"(f) Whenever grain is stored under the provisions of this section, Purchases 
the Secretary may buy and sell at an equivalent price, allowing for the 
customary location and grade differentials, substantially equivalent 
quantities of grain in different locations or warehouses to the extent 
needed to properly handle, rotate, distribute, and locate such commodi-
ties which the Commodity Credit Corporation owns or controls. Such 
purchases to offset sales shall be made within two market days follow-
ing the sales. The Secretary shall make a daily list available showing Daily list, 
the price, location, and quantity of the transactions. 
"(g) The Secretary shall use the Commodity Credit Corporation, 
to the extent feasible, to fulfill the purposes of this section. In addi-
tion, to the maximum extent practicable consistent with the fulfillment 
of the purposes of this section and the effective and efficient administra-
tion of this section, the Secretary shall utilize the usual and customary 
channels, facilities, and arrangements of trade and commerce.". 
INTERNATIONAL EMERGENCY FOOD RESERVE 
SEC. 1102. Title I of the Agricultural Act of 1949, as amended, is 
amended by adding at the end thereof a new section 111 as follows: 
(( 
INTERNATIONAL EMERGENCY FOOD RESERVE 
"SEC. 111. The President is encouraged to enter into negotiations 
with other nations to develop an international system of food reserves 
to provide for humanitarian food relief needs and to establish and 
maintain a food reserve, as a contribution of the United States toward 
the development of such a system, to be made available in the event 
of food emergencies in foreign countries. The reserves shall be known 
as the International Emergency Food Reserve.". 
Negotiations. 
Reserve system, 
establishment. 
7 u s e 1445f. 
DISASTER RESERVE 
SEC. 1103. Section 813 of the Agricultural Act of 1970, as added 
by the Agriculture and Consumer Protection Act of 1973, is amended 
as follows: 
(a) Subsection (b) is amended to read as follows: 
"(b) The Secretary shall acquire such commodities through the price 
support program. However, if the Secretary determines that no wheat, 
feed grains, or soybeans are available through the price support pro-
7 u s e 1427a. 
eommodity 
acquisition. 
91 STAT. 954 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Commodity 
disposition. 
Ante, pp. 927, 
939. 
gram at locations where they may be economically utilized to alleviate 
distress caused by a natural disaster, the Secretary is authorized to 
purchase through the facilities of the Commodity Credit Corporation 
such wheat, feed grains, soybeans, hay, or other livestock forages as 
the Secretary deems necessary for disposition in accordance with the 
authority provided in subsection (d) of this section. The Secretary 
may acquire wheat, feed grains, soybeans, hay, or other livestock 
forages at such locations, at such times, and in such quantities as the 
Secretary finds necessary and appropriate and may pay such transpor-
tation and other costs as may be required to permit disposition of such 
wheat, feed grains, soybeans, hay, and other livestock forages under 
subsection (d) of this section.". 
(b) Subsection (d) is amended to read as follows: 
"(d) The Secretary is also authorized to dispose of such commodities 
only for (1) use in relieving distress (A) in any State, the District 
of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United 
States, (B) in connection with any major disaster or emergency 
determined by the President to warrant assistance by the Federal 
Government under the Disaster Relief Act of 1974 (88 Stat. 143, as 
amended; 42 U.S.C. 5121), and (C) in connection with any emer-
gency determined by the Secretary to warrant assistance under section 
407 of the Agricultural Act of 1949 (63 Stat. 1055, as amended; 7 
U.S.C. 1427), the Act of September 21,1959 (73 Stat. 574, as amended; 
7 U.S.C. 1427 note), or section 1105 of the Food and Agriculture Act 
of 1977; or (2) use in connection with a state of civil defense emer-
gency as proclaimed by the President or by concurrent resolution of 
the Congress in accordance with the provisions of the Federal Civil 
Defense Act of 1950, as amended (50 U.S.C. App. 2251-2297).". 
FARM STORAGE FACILITY LOANS 
Limitations. 
SEC. 1104. Effective only with respect to the fiscal years beginning 
October 1, 1977, and ending September 30, 1981, section 4(h) of the 
Commodity Credit Corporation Charter Act 
(62 Stat. 1070, as 
amended; 15 TLS.C. 7l4b(h)) is amended by inserting immediately 
before the period at the end of the second sentence the following: 
": And provided further, 
That to encourage the storage of dry or high 
moisture grain, soybeans, and rice, and high moisture forage and 
silage on farms, where the commodities can be stored at the lowest 
cost, the Corporation shall—during the period beginning October 1, 
1977, and ending September 30, 1981—make secured storage facility 
loans not to exceed $50,000 to growers of such commodities in amounts 
not less than 75 per centum of the total construction cost of such facil-
ity, including but not limited to the cost of structural and equipment 
foundations, electrical systems, grain handling systems, drying equip-
ment, and site preparation, or, in the discretion of the Corporation, 
such loans may be made in such amounts not to exceed $50,000 to cover 
remodeling costs of existing storage facilities, as are set forth in regu-
lations issued by the Secretary; the size of such facility for which a 
loan is obtained shall be based upon the amount of space required to 
store the quantity of the commodity estimated to be produced by the 
borrower during a two-year period; such loans shall be for a period 
not to exceed ten years at an interest rate based upon the rate of inter-
est charged the Corporation by the United States Treasury; and the 
loans shall be deducted from the proceeds of price support loans or 
purchase agreements made between the Corporation and the growers". 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 955 
EMERGENCY FEED PROGRAM 
SEC. 1105. (a) Notwithstanding any other provision of law, the 7 USC 2267. 
Secretary of Agriculture may implement an emergency feed program 
for assistance in the preservation and maintenance of livestock in any 
area of the United States, including Puerto Rico, Guam, and the Vir-
gin Islands of the United States, where, because of flood, drought, 
fire, hurricane, earthquake, storm, or other natural disaster, the Sec-
retary determines that an emergency exists. 
(b) The Secretary shall not provide assistance under this section to Conditions, 
any person unless all of the following conditions created by the emer-
gency are present: 
(1) The person has suffered a substantial loss in the livestock 
feed normally produced on the farm for such person's livestock; 
(2) The person does not have sufficient feed for such person's 
livestock for the estimated period of the emergency; and 
(3) The person is required to make feed purchases during the 
period of the emergency in quantities larger than such person 
would normally make. 
(c) Persons eligible for assistance under the program formulated 
under this section may be reimbursed for not to exceed 50 per centum 
of the cost of the feed purchased by such eligible persons during the 
period of emergency, as announced by the Secretary of Agriculture, 
or at such lower rate as may be established by the Secretary. 
(d) Any person who disposes of any feed for which such person is Penalty, 
reimbursed under this section, in any manner other than as authorized 
by the Secretary, shall be subject to a penalty equal to the market 
value of the feed involved, to be recovered by the Secretary in a civil 
suit brought for that purpose. In addition, such person shall be sub-
ject to a fine of not more than $10,000, or imprisonment for not more 
than one year, or both. 
(e) The Secretary is authorized to issue such regulations as the Sec- Regulations, 
retary determines necessary to carry out the provisions of this section. 
(f) The Secretary shall carry out the program authorized by this 
section through the Commodity Credit Corporation. 
(g) Notwithstanding any other provision of law, the Secretary 
shall not delegate the authority to administer the emergency feed 
program to any other department, agency, or entity, public or private. 
TITLE XII—PUBLIC LAW 480 
AUTHORITY FOR THE COMMODITY CREDIT CORPORATION TO ACT AS 
PURCHASING OR SHIPPING AGENT UNDER TITLE I 
SEC. 1201. Section 102 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, is amended by inserting immedi- 7 USC 1702. 
ately before the period at the end thereof the following: "and, when 
requested by the purchaser of such commodities, may serve as the pur-
chasing or shipping agent, or both, in arranging the purchasing or 
shipping of such commodities". 
TITLE I SALES PROCEDURES 
SEC. 1202. Title I of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, is amended by adding at the end 
thereof a new section 115 as follows: 
91 STAT. 956 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Bids. 
7 use 1715. 
Payment, reports 
to Secretary. 
Information, 
availability to 
public. 
Publication. 
Transmittal to 
congressional 
committees. 
Penalty. 
"SEC. 115. (a) No purchases of food commodities shall be financed 
under this title unless they are made on the basis of an invitation for 
bid publicly advertised in the United States and on the basis of bid 
offerinp:s which shall conform to such invitation and shall be received 
and publicly opened in the United States. All awards in the purchase 
of commodities financed under this title shall be consistent with open, 
competitive, and responsive bid procedures, as determined by the Sec-
retary of Agricultvire. Commissions, fees, or other payments to any 
selling agent shall—unless waived by the Secretary—be prohibited in 
any purchase of food commodities financed under this title. 
"(b) Notwithstanding any other provision of law, any commission, 
fee, or other compensation of any kind paid or to be paid by any sup-
plier of a commodity or ocean transportation financed by the Com-
modity Credit Corporation under this title, to any agents, brokers, or 
other representatives of the importer or importing country, including 
a corporation owned or controlled by the importer or the government 
of the importing country, shall be reported to the Secretary of Agri-
culture by the supplier of the commodity or ocean transportation. The 
report shall identify the person or entity to whom the payment is made 
and the transaction in connection wath which the payment is made. 
The Secretary shall maintain such information for public inspection, 
publish a report theieof annually, and forward a copy of the report to 
the Committee on Agriculture and the Committee on International 
Relations of the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate. Any supplier of a com-
modity or ocean transportation w^ho fails to file such a report or who 
files a false report shall be ineligible to furnish—directly or indi-
rectly—commodities or ocean transportation financed under this title 
for a period of five years.". 
INCREASKD APPROPRIATION LIMIT FOR TITLE II 
SEC. 1203. Section 204 of the Agricultural Trade Development and 
7 use 1724. 
Assistance Act of 1954, as amended, is amended by striking out 
"$600,000,000" in the first sentence and inserting in lieu thereof 
"$750,000,000". 
^,, 
AVAILABILITY OF COMMODITIES 
SEC. 1204. Section 401(a) of the Agricultural Trade Development 
7 use 1731. 
and Assistance Act of 1954, as amended, is amended by striking out 
the period at the end of the last sentence and inserting in lieu thereof 
a comma and the following: "unless the Secretary of Agriculture 
determines that some part of the supply thereof should be used to 
carry out urgent humanitarian purposes of this Act.". 
< 
FINANCING THE SALE OF FOOD AND FIBER COMMODITIES 
SEC. 1205. Section 402 of the Agricultural Trade Development and 
7 use 1732. 
Assistance Act of 1954, as amended, is amended by adding at the end 
thereof a new sentence as follows: "In the allocation of funds made 
available under title I of this Act, priority shall be given to financing 
the sale of food and fiber commodities.". 
VALUATION OF COMMODITIES ACQUIRED THROUGH PRICE SUPPORT PROGRAMS 
SEC. 1206. Section 403 of the Agricultural Trade Development and 
7 use 1733. 
Assistance Act of 1954, as amended, is amended by— 
(1) inserting "(a)" immediately after the section designation; 
and 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 957 
(2) adding at the end thereof a new subsection (b) as follows: 
"(b) Notwithstanding any other provision of law, in determin-
ing the reimbursement due the Commodity Credit Corporation for 
all costs incurred under this Act, commodities from the Commodity 
Credit Corporation inventory, which were acquired under a domestic 
price support program, shall be valued at the export market price 
therefor, as determined by the Secretary of Agriculture, as of the 
time the commodity is made available under this Act.". 
REVISED REGULxVTIONS GOVERNING OPERATIONS; BAGGED COMMODITIES 
SEC. 1207. Section 408 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, is amended by adding at the end 
thereof new subsections (d) and (e) as follows: 
"(d)(1) Not later than six months following the date of enact-
ment of this subsection, and at each two-year interval thereafter, the 
Secretary of Agriculture shall issue revised regulations governing all 
operations under title I of this Act, including operations relating to 
purchasing countries, suppliers of commodities or ships, and pur-
chasing or shipping agents. The regulations shall include, but not be 
limited to, prohibitions against conflicts of interest, as determined by 
the Secretary, between (A) recipient countries (or other purchasing 
entities) and their agents, (B) suppliers of commodities, (C) sup-
pliers of ships, and (D) other shipping interests. 
"(2) The regulations shall be designed to encourage an increase in 
the number of exporters participating in the program. 
"(3) All revised regulations governing operations under title I and 
title III of this Act shall be transmitted to Congress by the Secretary 
as soon as practicable after their issuance. 
"(e) Bagged commodities for the purpose of financing by the Com-
modity Credit Corporation under this Act may, subject to regulations 
issued by the Secretary of Agriculture, be considered 'exported' upon 
delivery at port, and upon presentation of a dock receipt in lieu of an 
on-board bill of lading.". 
7 u s e 1736b. 
Transmittal to 
Congress. 
7 u s e 1701, 
1427. 
EXTENSION OF THE PROGRAM 
SEC. 1208. Section 409 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, is amended by striking out "1977." 
and inserting in lieu thereof the following: "1981. New spending 
authority provided for title I of this Act by the amendment to this sec-
tion made by the Food and Agriculture Act of 1977 shall be effective 
for any fiscal year only to such extent or in such amounts as are pro-
vided in appropriation Acts.". 
7 u s e 1736c. 
USE o r NONPRICE-SUPPORTED COMMODITIES UNDER PUBLIC LAW 4 80 
SEC. 1209. It is the sense of Congress that there be no discrimination 7 USe 1691 note, 
between "price-supported" and "nonprice-supported" commodities in 
the programing of commodities under the Agricultural Trade Devel-
opment and Assistance Act of 1954, as amended (Public Law 480). 
7 u s e 1691 et 
seq. 
SPECIAL TASK FORCE ON THE OPERATION OF PUBLIC LAW 480 
SEC. 1210. (a) It is the sense of Congress that attention be given 7 USe 1691 note. 
to handling, storage, transportation, and administrative procedures 
in order to make improvements in the operation of the Agricultural 
91 STAT. 958 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 u s e 1691 et 
seq. 
Appointment. 
Review and 
report. 
Report to 
Congress. 
Legislative 
recommenda-
tions. 
Trade Development and Assistance Act of 1954, as amended (Public 
Law 480). Toward this objective, the Secretary of Agriculture shall 
appoint a special task force to review and report upon the administra-
tion of the Act. 
(b) Such review shall include, but not be limited to, organizational 
arrangements for the administration of Public Law 480, or parts 
thereof, title I allocation criteria and procedures, quality control, 
including handling and storage through the first stage of distribution 
in the recipient country, and regulation of businesses and organizations 
to which services are contracted under Public Law 480. 
(c) Not later than eighteen months following enactment of this Act, 
the Secretary of Agriculture shall transmit to Congress the report of 
such task force, along with administrative actions the Secretary has 
taken or intends to take as a result of such report, and recommenda-
tions, if any, for legislative changes. 
T I T L E X I I I — F O O D STAMP AND COMMODITY 
D I S T R I B U T I O N PROGRAMS 
Effective date. 
7 u s e 2011 note. 
FOOD STAMP ACT OF 19 64 AMENDMENTS 
SEC. 1301. Effective October 1, 1977, the Food Stamp Act of 1964, 
as amended, is amended to read as follows: 
Food Stamp Act 
of 1977. 
7 u s e 2011 note. 
7 u s e 2011. 
SHORT TITLE 
"SECTION 1. This Act may be cited as the 'Food Stamp Act of 1977'. 
"DECLARATION OF POLICY 
• 
"SEC. 2. It is hereby declared to be the policy of Congress, in order to 
promote the general welfare, to safeguard the health and well-being 
of the Nation's population by raising levels of nutrition among low-
income households. Congress hereby finds that the limited food pur-
chasing power of low-income households contributes to hunger and 
malnutrition among members of such households. Congress further 
finds that increased utilization of food in establishing and, maintaining 
adequate national levels of nutrition will promote the distribution in a 
beneficial manner of the Nation's agricultural abundance and will 
strengthen the Nation's agricultural economy, as well as result in 
more orderly marketing and distribution of foods. To alleviate such 
hunger and malnutrition, a food stamp program is herein authorized 
which will permit low-income households to obtain a more nutritious 
diet through normal channels of trade by increasing food purchasing 
power for all eligible households who apply for participation. 
"DEFINITIONS 
7 use 2012. 
"SEC. 3. As used in this Act, the term: 
"(a) 'Allotment' means the total value of coupons a household is 
authorized to receive during each month, 
"(b) 'Authorization card' means the document issued by the State 
agency to an eligible household which shows the allotment the house-
hold is entitled to be issued. 
"(c) 'Certification period' means the period for which households 
shall be eligible to receive authorization cards. In the case of a house-
hold all of whose members are included in a federally aided public 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 959 
assistance or general assistance grant, the period shall coincide with 
the period of such grant. In the case of all other households the period 
shall be not less than three months: Provided, 
That such period may 
be up to twelve months for any household consisting entirely of unem-
ployable or elderly or primarily self-employed persons, or as short as 
circumstances require for those households as to which there is a sub-
stantial likelihood of frequent changes in income or household status, 
and for any household on initial certification, as determined by the 
Secretary. 
"(d) 'Coupon' means any coupon, stamp, or type of certificate issued 
pursuant to the provisions of this Act. 
"(e) 'Coupon issuer' means any office of the State agency or any 
person, partnership, corporation, organization, political subdivision, 
or other entity with which a State agency has contracted for, or to 
which it has delegated functional responsibility in connection with, 
the issuance of coupons to households. 
"(f) 'Drug addiction or alcoholic treatment and rehabilitation pro-
gram' means any such program conducted by a private nonprofit 
organization or institution wliich is certified bv the State agency or 
agencies designated by the Governor as responsible for the admin-
istration of the State's programs for alcoholics and drug addicts pur-
suant to Public Law 91-616 (Comprehensive Alcohol Abuse and 42 USC 4551 
Alcoholism Prevention, Treatment, and Kehabilitation Act of 1970) 
"^te. 
and Public Law 92-255 (Drug Abuse Office and Treatment Act of 21 USC 1101 
1972) as providing treatment that can lead to the rehabilitation of "'^t^-
drug addicts or alcoholics. 
"(g) 'Food' means (1) any food or food product for home consump-
tion except alcoholic beverages, tobacco, and hot foods or hot food 
products ready for immediate consumption other than those authorized 
pursuant to clauses (3), (4), and (5) of this subsection, (2) seeds and 
plants for use in gardens to produce food for the personal consump-
tion of the eligible household, (3) in the case of those persons who 
are sixty years of age or over or who receive supplemental security 
income Isenefits under title X V I of the Social Security Act, and their 42 USC 1381. 
spouses, meals prepared by and served in senior citizens' centers, 
apartment buildings occupied primarily by such persons, public or 
private nonprofit establishments (eating or otherwise) that feed such 
persons, private establishments that contract with the appropriate 
agency of the State to offer meals for such persons at concessional 
prices, and meals prepared for and served to residents of federally 
subsidized housing for the elderly, (4) in the case of persons sixty 
years of age or over and persons who are physically or mentally' handi-
capped or otherwise so disabled that they are unable adequately to 
prepare all of their meals, meals prepared for and delivered to them 
(and their spouses) at their home by a public or private nonprofit 
organization or by a private establishment that contracts with the 
appropriate State agency to perform such services at concessional 
prices, (5) in the case of narcotics addicts or alcoholics served by drug 
addiction or alcoholic treatment and rehabilitation programs, meals 
prepared and served under such programs, and (6) in the case of cer-
tain eligible households living in A laska. equipment for procuring food 
by hunting and fishing, such as nets, hooks, rods, harpoons, and knives 
(iaut not equipment for purposes of transportation, clothing, or shelter, 
and not firearms, ammunition, and explosives) if the Secretary deter-
mines that such households are located in an area of the State where 
it is extremely difficult to reach stores selling food and that such house-
holds depend to a substantial extent upon hunting and fishing for 
subsistence. 
2 9 - 1 9 4 0 
91 STAT. 960 
PUBLIC LAW 95-113—SEPT. 29, 1977 
"(h) 'Food stamp program' means the program operated pursuant 
to the provisions of this Act. 
"(i) 'Household' means (1) an individual who lives alone or who, 
while living with others, customarily purchases food and prepares 
meals for home consumption separate and apart from the others, or 
else pays compensation to the others for such meals, or (2) a group 
of individuals who live together and customarily purchase food and 
prepare meals together for home consumption or else live with others 
and pay compensation to the others for such meals. In neither event 
shall any individual or group of individuals constitute a household if 
they reside in an institution or boarding house. For the purposes of 
this subsection, residents of federally subsidized housing for the elderly 
and narcotics addicts or alcoholics who live under the supervision 
of a private nonprofit institution for the purpose of regular participa-
tion in a drug or alcoholic treatment program shall not be considered 
residents of institutions. 
"(j) 'Reservation' means the geographically defined area or areas 
over which a tribal organization (as that term is defined in section 
3(p) of this Act) exercises governmental jurisdiction. 
"(k) 'Retail food store' means (1) an establishment or recognized 
, 
^ 
department thereof or house-to-house trade route, over 50 per centum 
' ' 
of whose food sales volume consists of staple food items for home prep-
aration and consumption, such as meat, poultry, fish, bread, cereals, 
' ' 
vegetables, fruits, dairy products, and the like, but not including acces-
sory food items, such as coffee, tea, cocoa, carbonated and uncarbonated 
drinks, candy, condiments, and spices, (2) an establishment, organiza-
tion or program referred to in subsections (g) (3), (4), and (5) of 
this section, (3) a store purveying the hunting and fishing equipment 
described in subsection (g) (6) of this section, and (4) any private 
nonprofit cooperative food purchasing venture, including those in 
which the members pay for food purchased prior to the receipt of such 
food. 
^ 
"(1) 'Secretary'means the Secretary of Agriculture. 
" (m) 'State' means the fifty States, the District of Columbia, Guam, 
Puerto Rico, the Virgin Islands of the United States, and the reserva-
tions of an Indian tribe whose tribal organization meets the require-
ments of this Act for participation as a State agency. 
"(n) 'State agency' means (1) the agency of State government, 
including the local offices thereof, which has the responsibility for the 
administration of the federally aided public assistance programs 
within such State, and in those States where such assistance programs 
are operated on a decentralized basis, the term shall include the coun-
terpart local agencies administering such programs, and (2) the tribal 
organization of an Indian tribe determined by the Secretary to be 
capable of effectively administering a food distribution program under 
section 4(b) of this Act or a food stamp program under section 11 (d) 
of this Act. 
" (o) 'Thrifty food plan' means the diet required to feed a family of 
four persons consisting of a man and a woman twenty through fifty-
four, a child six through eight, and a child nine through eleven years 
of age, determined in accordance with the Secretary's calculations. The 
cost of such diet shall be the basis for uniform allotments for all house-
holds regardless of their actual composition, except that the Secretary 
shall (1) make household-size adjustments taking into account econ-
omies of scale, (2) make cost adjustments in the thrifty food plan for 
Alaska and Hawaii to reflect the cost of food in those States, (3) make 
cost adjustments in the separate thrifty food plans for Guam, Puerto 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 961 
Rico, and the Virgin Islands of the United States to reflect the cost of 
food in those States, but not to exceed the cost of food in the fifty 
States and the District of Columbia, and (4) adjust the cost of such 
diet every January 1 and July 1 to the nearest dollar increment to 
reflect changes in the cost of the thrifty food plan for the six months 
ending the preceding September 30 and March 31, respectively. 
"(p) 'Tribal organization' means the recognized governing body of 
an Indian tribe (including the tribally recognized intertribal organiza-
tion of such tribes), as the term 'Indian tribe' is defined in the Indian 
Self-Determination Act (25 U.S.C. 450b(b)). as well as any Indian 
tribe, band, or community holding a treaty with a State government. 
25 use 450f 
note. 
"ESTABLISHMENT OF THE FOOD STAMP PROGRAM 
"SEC. 4. (a) Subject to the availability of funds appropriated under 
section 18 of this Act, the Secretary is authorized to formulate and 
administer a food stamp program under which, at the request of the 
State agency, eligible households within the State shall be provided 
an opportunity to obtain a more nutritious diet through the issuance 
to them of an allotment. The coupons so received by such households 
shall be used only to purchase food from retail food stores which have 
been approved for participation in the food stamp program. Coupons 
issued and used as provided in this Act shall be redeemable at face 
value by the Secretary through the facilities of the Treasury of the 
United States. 
" (b) In jurisdictions where the food stamp program is in operation, 
there shall be no distribution of federally donated foods to households 
under the authority of any law, except that distribution may be made 
(1) on a temporary basis under programs authorized by law to meet 
disaster relief needs, or (2) for the purpose of the commodity supple-
mental food program. Distribution of commodities, with or without 
the food stamp program, shall also be made whenever a request for 
concurrent or separate food program operations, respectively, is made 
by a tribal organization. In the event of distribution on all or part of 
an Indian reservation, the appropriate agency of the State govern-
ment in the area involved shall be responsible for such distribution, 
except that, if the Secretary determines that the tribal organization 
is capable of effectively and efficiently administering such distribution, 
then such tribal organizations shall administer such distribution: Pro-
vided^ That the Secretary shall not approve any plan for such distri-
bution which permits any household on any Indian reservation to 
participate simultaneously in the food stamp program and the dis-
tribution of federally donated foods. The Secretary is authorized to 
pay such amounts for administrative costs of such distribution on 
Indian reservations as the Secretary finds necessary for effective 
administration of such distribution by a State agency or tribal 
organization. 
"(c) The Secretary shall issue such regulations consistent with this 
Act as the Secretary deems necessary or appropriate for the effective 
and efficient administration of the food stamp program and shall pro-
mulgate all such regulations in accordance with the procedures set 
forth in section 553 of title 5 of the United States Code. In addition, 
prior to issuing any regulation, the Secretary shall provide the Com-
mittee on Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate a copy of 
the regulation with a detailed statement justifying it. 
Administration. 
7 use 2013. 
eoupons. 
Distribution of 
food. 
Request by tribal 
organization. 
Administrative 
costs. 
Regulations. 
Statement, 
transmittal to 
congressional 
committees. 
91 STAT. 962 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 use 2014. 
Standards. 
State plans. 
Income 
standards, 
guidelines. 
"ELIGIBLE HOUSEHOLDS 
"SEC. 5. (a) Participation in the food stamp program shall be limited 
to those households whose incomes and other financial resources, held 
singly or in joint ownership, are determined to be a substantial limiting 
factor in permitting them to obtain a more nutritious diet. Assistance 
under this program shall be furnished to all eligible households who 
make application for such participation. 
"(b) The Secretary shall establish uniform national standards of 
eligibility (other than the income standards for Alaska, Hawaii, Guam, 
Puerto Rico, and the Virgin Islands of the United States established in 
accordance with subsections (c) and (e) of this section) for participa-
tion by households in the food stamp program in accordance with the 
provisions of this section. No plan of operation submitted by a State 
agency shall be approved unless the standards of eligibility meet those 
established by the Secretary, and no State agency shall impose any 
other standards of eligibility as a condition for participating in the 
program. 
"(c) The income standards of eligibility shall be the nonfarm income 
poverty guidelines prescribed by the Office of Management and Budget 
adjusted annually pursuant to section 625 of the Economic Opportu-
nity Act of 1964, as amended (42 U.S.C. 2971d), for the forty-eight 
States and the District of Columbia, Alaska, Hawaii, Puerto Rico, the 
Virgin Islands of the United States, and Guam, respectively: Provided, 
That in no event shall the standards of eligibility for Puerto Rico, the 
Virgin Islands of the United States, or Guam exceed those in the forty-
eight contiguous States: Provided further, That the income poverty 
guidelines for the period commencing July 1,1978, shall be made as up 
to date as possible by multiplying the income poverty guidelines for 
1977 by the change between the average 1977 Consumer Price Index 
and the Consumer Price Index for March 1978, utilizing the most cur-
rent procedures which have been used by the Office of Management and 
Budget, and the income poverty guidelines for future periods shall be 
similarly adjusted. 
"(d) Household income for purposes of the food stamp program 
shall include all income from whatever source excluding only (1) any 
gain or benefit which is not in the form of money payable directly to a 
household, (2) any income in the certification period which is received 
too infrequently or irregularly to be reasonably anticipated, but not in 
excess of $30 in a quarter, (3) all educational loans on which payment 
is deferred, grants, scholarships, fellowships, veterans' educational 
benefits, and the like to the extent that they are used for tuition and 
mandatory school fees at an institution of higher education or school 
for the handicapped, (4) all loans other than educational loans on 
which repayment is deferred, (5) reimbursements which do not exceed 
expenses actually incurred and which do not represent a gain or benefit 
to the household, (6) moneys received and used for the care and mainte-
nance of a third-party beneficiary who is not a household member, 
(7) income earned by a child who is a member of the household, who is 
a student, and who has not attained his eighteenth birthday, (8) moneys 
received in the form of nonrecurring lump-sum payments, including, 
but not limited to, income tax refunds, rebates, or credits, retroactive 
lump-sum social security or railroad retirement pension payments and 
retroactive lump-sum insurance settlements: Provided, That such pay-
ments shall be counted as resources, unless specifically excluded by 
other laws, (9) the cost of producing self-employed income, and (10) 
anv income that any other law specifically excludes from consideration 
as income for the purpose of determining eligibility for the food stamp 
program. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 963 
Additional 
deductions. 
"(e) In computing household income, the Secretary shall allow a Standard 
standard deduction of $60 a month for each household, except that deduction, 
households in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin allowance. 
Islands of the United States shall be allowed a standard deduction 
determined by the Secretary in accordance with the best available 
information on the relationship of actual or potential itemized deduc-
tions claimed under the food stamp program in those areas to such 
deductions in the forty-eight contiguous States and the District of 
Columbia. Such standard deductions, starting July 1, 1978, shall be Adjustment 
adjusted every July 1 and January 1 to the nearest $5 to reflect changes 
in the Consumer Price Index of the Bureau of Labor Statistics for 
items other than food for the six months ending the preceding March 
31 and September 30, respectively. All households with earned income 
shall be allowed an additional deduction of 20 per centum of all earned 
income (other than that excluded by subsection (d) of this section), 
to compensate for taxes, other mandatory deductions from salary, and 
work expenses. Households shall also be entitled to (1) a dependent 
care deduction, the maximum allowable level of which shall be the 
same as that for the excess sheltei expense deduction contained in clause 
(2) of this subsection, for the actual cost of payments necessary for 
-
the care of a dependent, regardless of the dependent's age, when such 
care enables a household member to accept or continue employment, 
or training or education which is preparatory for employment, or 
(2) an excess shelter expense deduction to the extent that the monthly 
amount expended by a household for shelter exceeds an amount equal 
to 50 per centum of monthly household income after all other applica-
ble deductions have been allowed: Provided^ That the amount of such Limitation 
excess shelter expense deduction shall not exceed $75 a month in the 
forty-eight contiguous States and the District of Columbia, and shall 
not exceed, in Alaska, Hawaii, Guam, Puerto Rico, and the Virgin 
Islands of the United States, amounts determined by the Secretary in 
accordance with the best available information on the relationship of 
the actual shelter costs in those areas to such costs in the foity-eight 
contiguous States and the District of Columbia, adjusted annually 
(commencing July 1, 1978) to the nearest $5 increment to reflect 
changes in the shelter, fuel, and utilities components of housing costs 
in the Consumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor for the twelve-month period 
ending the preceding March 31, or (3) a deduction combining the 
dependent care and excess shelter expense deductions under clauses 
(1) and (2) of this subsection, the maximum allowable level of which 
shall not exceed the maximum allowable deduction under clause (2) of 
this subsection. 
"(f) Household income shall be calculated by the State agency for 
the purpose of determining household eligibility. The State agency 
in calculating household income shall take into account the income 
reasonably anticipated to be received by the household in the certi-
fication period for which eligibility is being determined and the income 
which has been received by the household during the thirty days 
preceding the filing of its application for food stamps so that the 
State agency may reasonably ascertain the income that is and will be 
actually available to the household for the certification period, except 
that for (1) those households which by contract for other than an 
hourly or piecework basis, or by self-employment, derive their annual 
income in a period of time shorter than one year, income shall be cal-
culated by being averaged over a twelve-month period and (2) those 
Calculation by 
State agency. 
91 STAT. 964 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Financial 
resources, 
allowances. 
Study, report to 
congressional 
committees. 
Emergency 
standards. 
42 use 5142. 
Food Stamp 
Disaster Task 
Force. 
Establishment. 
households which receive nonexcluded income of the type specified 
in subsection (d)(3) of this section, income shall be calculated by 
being averaged over the period for which it is provided. 
"(g) The Secretary shall prescribe the types and allowable amounts 
of financial resources (liquid and nonliquid assets) an eligible house-
hold may own, and shall, in so doing, assure that a household other-
wise eligible to participate in the food stamp program will not be 
eligible to participate if its resources exceed $1,750, or, in the case of 
a household consisting of two or more persons, one of whom is age 60 
or oyer, if its resources exceed $3,000. The Secretary shall, in prescrib-
ing inclusions in, and exclusions from, financial resources, follow the 
regulations in force as of June 1, 1977, and shall, in addition, (1) 
include in financial resources any boats, snowmobiles, and airplanes 
used for recreational purposes, any vacation homes, any mobile homes 
used primarily for vacation purposes, and any licensed vehicle (other 
than one used to produce earned income) used for household trans-
portation or used to obtain or continue employment or to transport 
disabled household members to the extent that the fair market value 
of any such vehicle exceeds $4,500, and (2) study and develop means 
of improving the effectiveness of these resource requirements in limit-
ing participation to households in need of food assistance, and imple-
ment and report the results of such study and the Secretary's plans to 
the Committee on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate no 
later than June 1 1978. 
"(h)(1) The Secretary shall, after consultation with the official 
empowered to exercise the authority provided for by section 302(a) of 
the Disaster Relief Act of 1974, establish temporary emergency stand-
ards of eligibility for the duration of the emergency for households 
who are victims of a disaster which disrupts commercial channels of 
food distribution, if such households are in need of temporary food 
assistance and if commercial channels of food distribution have again 
become available to meet the temporary food needs of such households. 
Such standards as are prescribed for individual emergencies may be 
promulgated without regard to section 4(c) of this Act or the proce-
dures set forth in section 553 of title 5 of the United States Code. 
"(2) The Secretary shall establish a Food Stamp Disaster Task 
Force, to assist States in implementing and operating the disaster pro-
gram, which shall be available to go into a disaster area and provide 
direct assistance to State and local officials. 
"ELIGIBILITY DISQUALIFICATIONS 
7 use 2015. 
"SEC. 6. (a) In addition to meeting the standards of eligibility pre-
scribed in section 5 of this Act, households and individuals who are 
members of eligible households must also meet and comply with the 
specific requirements of this section to be eligible for participation in 
the food stamp program. 
"(b) No individual who is a member of a household otherwise 
eligible to participate in the food stamp program shall be eligible to 
participate for (1) three months after such individual has been found 
by a State agency after notice and hearing at the State level, or after 
failure to appeal a local hearing to the State level, to have fraudulently 
used, presented, transferred, acquired, received, possessed, or altered 
coupons or authorization cards, or (2) a period of not less than six and 
not more than twenty-four months, as determined by the court, after 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 965 
such individual has been found by a court of appropriate jurisdiction, 
with a State or a political subdivision thereof or the United States as 
prosecutor or plaintiff, to have been criminally or civilly fraudulent in 
the use, presentation, transfer, acquisition, receipt, possession, or alter-
ation of coupons or authorization cards, or (3) both of the periods 
specified in clauses (1) and (2) of this subsection. Each such period of 
ineligibility is to take effect immediately upon the relevant administra-
tive or judicial finding and to remain in effect, without possibility of 
administrative stay, unless and until the finding of fraud is sulise-
quently reversed by a court of appropriate jurisdiction, but in no event 
shall the period of disqualification be subject to judicial review, 
"(c) No household shall be eligible to participate in the food stamp 
program if it refuses to cooperate in providing information to the 
State agency that is necessary for making a determination of its eli-
gibility or for completing any subsequent review of its eligibility. 
Every household that is participating in the food stamp program Changes, report 
shall report or cause to be reported to the State agency, on a form *
« State agency, 
designed or approved by the Secretary (that shall contain a description 
in understandable terms in prominent and boldface lettering of tlie 
appropriate civil and criminal provisions dealing with violations of 
this Act, including the penalties therefor, by members of an eligible 
household) changes in income or household circumstances which the 
Secretary deems necessary in order to assure accurate eligibility and 
benefit determinations. The reporting requirement prescribed by this 
subsection shall be the sole such requirement for reporting changes in 
income or in household circumstances for participating households. 
"(d) (1) Unless otherwise exempted by the provisions of paragraph 
(d) (2) of this subsection, no household shall be eligible for assist-
ance under this Act if it includes a physically and mentally fit person 
between the ages of eighteen and sixty who (i) refuses at the time of 
application and once every six months thereafter to register for 
employment in a manner determined by the Secretary; (ii) refuses to 
fulfill whatever reasonable reporting and inquiry about employment 
requirements as are prescribed by the Secretary; (iii) is head of the 
household and voluntarily quits any job without good cause, unless 
the household was certified for benefits under this Act immediately 
prior to such unemployment: Provided^ That the period of ineligibility 
shall be sixty days from the time of the voluntary quit; or (iv) refuses 
without good cause to accept an offer of employment at a wage 
not less than the higher of either the applicable State or Federal 
minimum wage, or 80 per centum of the wage that would have gov-
erned had the minimum hourly rate under the Fair Labor Standards 
Act of 1988, as amended (29 U.S.C. 206(a) (1)), been applicable to 
the offer of employment, and at a site or plant not then subject to a 
strike or lockout. 
"(2) A person who otherwise would be required to comply with the Exemptions, 
requirements of paragraph (1) of this subsection shall be exempt 
from such requirements if he or she is (A) currently subject 
to and complying with a work registration requirement under title 
IV of the Social Security Act, as amended (42 U.S.C. 602), or the 
Federal-State unemployment compensation system; (B) a parent 
or other member of a household with responsibility for the care of a 
dependent child under age twelve or of an incapacitated person: (C) a 
parent or other caretaker of a child in a household where there is 
another able-bodied parent who is subject to the requirements of this 
subsection; (D) a bona fide student enrolled at least half time in 
91 STAT. 966 
PUBLIC LAW 95-113—SEPT. 29, 1977 
any recognized school, training program, or institution of higher edu-
cation (except that any such person shall be subject to the require-
ments of paragraph (1) of this subsection during any period of more 
than thirty days when such school or program is in vacation or recess 
and any such person enrolled in an institution of higher education 
shall be subject to the requirements of subsection (e) (3) (B) of this 
section as well); (E) a regular participant in a drug addiction or 
alcoholic treatment and rehabilitation program; or (F) employed a 
minimum of thirty hours per week or receiving weekly earnings which 
equal the minimum hourly rate under the Fair Labor Standards Act 
of 1938, as amended (29 U.S.C. 206(a)(1)), multiplied by thirty 
hours. 
"(3) To the extent that a State employment service is assigned 
responsibility for administering the provisions of subsection (d) of 
this section, it shall comply with regulations issued jointly by the 
- 
Secretary and the Secretary of Labor, which regulations shall be 
• 
patterned to the maximum extent practicable on the work incentive 
program requirements set forth in title IV of the Social Security Act 
(42 U.S.C. 630 et. seq.) and shall take into account the diversity of 
the needs of the food stamp work registration population. 
" (e) No individual who is a member of a household otherwise eligible 
to participate in the food stamp program under this section shall be 
eligible to participate in the food stamp program as a member of that 
or any other household if he or she (1) has reached his or her 
eighteenth birthday, (2) is enrolled at least half time in an insti-
tution of higher education, and (3) (A) is properly claimed or could 
properly be claimed as a dependent child for Federal income tax 
purposes by a taxpayer who is not a member of an eligible house-
hold or (B) during the regular school year (i) is not employed 
a minimum of twenty hours per week or is not participating in 
a federally financed work study program, (ii) does not have weekly 
earnings which at least equal the minimum hourly rate under 
the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 
206(a)(1)), multiplied by twenty hours, (iii) is not registered for 
work amounting to at least twenty hours per week, (iv) is not the 
head of a household containing one or more other persons who are 
dependents of that individual because he or she supplies more than 
half of their support, or (v) is not covered by an exemption from the 
work registration requirement contained in subsection (d) of this sec-
tion other than clause (D) of paragraph (2) of that subsection. 
"(f) No individual who is a member of a household otherwise eligi-
ble to participate in the food stamp program under this section shall 
be eligible to participate in the food stamp program as a member of 
that or any other household unless he or she is (1) a resident of the 
United States and (2) either (A) a citizen or (B) an alien lawfully 
.'! • 
admitted for permanent residence as an immigrant as defined by sec-
tions 101(a) (15) and 101(a) (20) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a) (15) and 8 U.S.C. 1101(a) (20)), excluding, 
among others, alien visitors, tourists, diplomats, and students who 
enter the United States temporarily with no intention of abandoning 
their residence in a foreign country; or (C) an alien who entered the 
United States prior to June 30, 1948, or such subsequent date as is 
enacted by law, has continuously maintained his or her residence in 
the United States since then, and is not ineligible for citizenship, but 
who is deemed to be lawfully admitted for permanent residence as a 
result of an exercise of discretion by the Attorney General pursuant 
to section 249 of the Immigration and Nationality Act (8 U.S.C. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 967 
1259); or (D) an alien who has qualified for conditional entry pursu-
ant to section 203(a) (7) of the Immigration and Nationality Act (8 
U.S.C. 1153(a) (7)) because of persecution or fear of persecution on 
account of race, religion, or political opinion or because of being 
uprooted by catastrophic natural calamity; or (E) an alien who is 
lawfully present in the United States as a result of an exercise of dis-
cretion by the Attorney General for emergent reasons or reasons 
deemed strictly in the public interest pursuant to section 212(d) (5) of 
the Immigration and Nationality Act (8 U.S.C. 1182(d) (5)); or (F) 
an alien within the United States as to whom the Attorney General 
has withheld deportation pursuant to section 243 of the Immigration 
and Nationality Act (8 U.S.C. 1253(h)) because of the judgment of 
the Attorney General that the alien would otherwise be subject to per-
secution on account of race, religion, or political opinion. No aliens 
other than the ones specifically described in clauses (B) through (F) 
of this subsection shall be eligible to participate in the food stamp 
program as a member of any household. 
"(g) No individual who receives supplemental security income 
benefits under title XVI of the Social Security Act, State supple- 42 USC 1381. 
mentary payments described in section 1616 of such Act, or payments 42 USC 1382« 
of the type referred to in section 212(a) of Public Law 93-66, as 
amended, shall be considered to be a member of a household for any 87 Stat. 155. 
month, if, for such month, such individual resides in a State which 
provides State supplementary payments (1) of the type described in 
section 1616(a) of the Social Security Act and section 212(a) of Pub-
lic Law 93-66, and (2) the level of which has been found by the Secre-
tary of Health, Education, and Welfare to have been specifically 
increased so as to include the bonus value of food stamps. 
"(h) No household that knowingly transfers assets for the purpose 
of qualifying or attempting to qualify for the food stamp program 
shall be eligible to participate in the program for a period of up to one 
year from the date of discovery of the transfer. 
"ISSUANCE AND USE OF COUPONS 
"SEC. 7. (a) Coupons shall be printed under such arrangements and 
in such denominations as may be determined by the Secretary to be 
necessary, and shall be issued only to households which have been duly 
certified as eligible to participate in the food stamp program. 
"(b) Coupons issued to eligfible households shall be used by them 
only to purchase food in retail food stores which have been approved 
for participation in the food stamp program at prices prevailing in 
such stores: Provided^ That nothing in this Act shall be construed as 
authorizing the Secretary to specify the prices at which food may be 
sold by wholesale food concerns or retail food stores: Provided fur-
ther^ That eligible households using coupons to purchase food may 
receive cash in change therefor so long as the cash received does not 
equal or exceed the value of the lowest coupon denomination issued. 
"(c) Coupons issued to eligible households shall be simple in design 
and shall include only such words or illustrations as are required to 
explain their purpose and define their denomination. The name of 
any public official shall not appear on such coupons. 
"(d) The Secretary shall develop an appropriate procedure for 
determining and monitoring the level of coupon inventories in the 
hands of coupon issuers for the purpose of providing that such inven-
tories are at proper levels (taking into consideration the historical and 
projected volume of coupon distribution by such issuers). Such proce-
dures shall provide that coupon inventories in the hands of such issuers 
Printing. 
7 USC 2016. 
Design. 
Inventory levels, 
monitorship. 
91 STAT. 968 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Monthly 
operations report. 
Oath, 
certification by 
issuer. 
Delivery and 
controls, 
procedures. 
Financial losses. 
are not in excess of the reasonable needs of such issuers taking into 
consideration the ease with which such coupon inventories may be 
resupplied. The Secretary shall require each coupon issuer at intervals 
prescribed by the Secretary, but not less often than monthly, to send to 
the Secretary or the Secretary's designee, which may include the State 
agency, a written report of the issuer's operations during such period. 
In addition to other information deemed by the Secretary to be appro-
priate, the Secretary shall require that the report contain an oath, or 
affirmation, signed by the coupon issuer, or in the case of a corporation 
or other entity not a natural person, by an appropriate official of the 
coupon issuer, certifying that the information contained in the report 
is true and correct to the best of such person's knowledge and belief. 
"(e) The Secretary shall prescribe appropriate procedures for the 
delivery of coupons to coupon issuers and for the subsequent controls 
to be placed over such coupons by coupon issuers in order to ensure 
adequate accountability. 
"(f) Notwithstanding any other provision of this Act, the State 
agency shall be responsible to the Secretary for any financial losses 
involved in the acceptance, storage, and issuance of coupons. 
VALUE o r ALLOTMENT 
7 use 2017. 
"SEC. 8 (a) The value of the allotment which State agencies shall 
be authorized to issue to any households certified as eligible to par-
ticipate in the food stamp program shall be equal to the cost to such 
households of the thrifty food plan reduced by an amount equal to 30 
per centum of the household's income, as determined in accordance 
with section 5 of this Act, rounded to the nearest whole dollar: Pro-
vided^ That for households of one and two persons the minimum allot-
Report to 
ment shall be $10 per month. The Secretary shall, six months after the 
Congress. 
implementation of the elimination of the charge for allotments and 
annually thereafter, report to Congress the effect on participation and 
cost of this elimination. 
"(b) The value of the allotment provided any eligible household 
shall not be considered income or resources for any purpose under any 
Federal, State, or local laws, including, but not limited to, laws relat-
ing to taxation, welfare, and public assistance programs, and no par-
ticipating State or political subdivision thereof shall decrease any 
assistance otherwise provided an individual or individuals because 
of the receipt of an allotment under this Act. 
Applications, 
submission. 
7 use 2018. 
Qualifications. 
Certificate. 
"APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS 
"SEC. 9. (a) Regulations issued pursuant to this Act shall provide 
for the submission of applications for approval by retail food stores 
and wholesale food concerns which desire to be authorized to accept 
and redeem coupons under the food stamp program and for the 
approval of those applicants whose participation will effectuate the 
purposes of the food stamp program. In determining the qualifications 
of applicants, there shall be considered among such other factors as 
may be appropriate, the following: (1) the nature and extent of the 
food business conducted by the applicant; (2) the volume of coupon 
business which may reasonably be expected to be conducted by the 
applicant food store or wholesale food concern; and (3) the business 
integrity and reputation of the applicant. Approval of an applicant 
shall be evidenced by the issuance to such applicant of a nontransfer-
able certificate of approval. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 969 
Information, 
submittal. 
"(b) No wholesale food concern may be authorized to accept and 
redeem coupons unless the Secretary determines that its participation 
is required for the effective and efficient operation of the food stamp 
program. In addition, no firm may be authorized to accept and redeem 
coupons as both a retail food store and as a wholesale food concern 
at the same time. 
"(c) Kegulations issued pursuant to this Act shall require an 
applicant retail food store or wholesale food concern to submit infor-
mation which will permit a determination to be made as to whether 
such applicant qualifies, or continues to qualify, for approval under the 
provisions of this Act or the regulations issued pursuant to this Act. 
Regulations issued pursuant to this Act shall provide for safeguards Safeguards, 
which limit the use or disclosure of information obtained under the 
authority granted by this subsection to purposes directly connected 
with administration and enforcement of the provisions of this Act or 
the regulations issued pursuant to this Act. 
"(d) Any retail food store or wholesale food concern which has Hearing, 
failed upon application to receive approval to participate in the food 
stamp program may obtain a hearing on such refusal as provided in 
section 14 of this Act. 
a 
REDEMPTION OF COUPONS 
"SEC. 10. Regulations issued pursuant to this Act shall provide for 
the redemption of coupons accepted by retail food stores through 
approved wholesale food concerns or through banks, with the coopera-
tion of the Treasury Department, except that retail food stores defined 
in section S(k) (4) of this Act shall be authorized to redeem their 
members' food coupons prior to receipt by the members of the food 
so purchased and private nonprofit organizations or institutions which 
serve meals to narcotics addicts or alcoholics in drug addiction or 
alcoholic treatment and rehabilitation programs shall not be author-
ized to redeem coupons through banks. 
7 use 2019. 
u 
Record 
retention. 
Inspection and 
audit. 
ADMINISTRATION 
"SEC. 11. (a) The State agency of each participating State shall 7 USC 2020. 
assume responsibility for the certification of applicant households and 
for the issuance of coupons and the control and accountability thereof. 
There shall be kept such records as may be necessary to ascertain 
whether the program is being conducted in compliance with the pro-
visions of this Act and the regulations issued pursuant to this Act. 
Such records shall be available for inspection and audit at any reason-
able time and shall be preserved for such period of time, not less than 
three years, as may be specified in the regulations issued pursuant to 
this Act. 
"(b) Certification of a household as eligible in any political sub- Certification, 
division shall, in the event of removal of such household to another 
political subdivision in which the food stamp program is operating, 
remain valid for participation in the food stamp program for a period 
of sixty days from the date of such removal. 
"(c) In the certification of applicant households for the food stamp 
program, there shall be no discrimination by reason of race, sex, reli-
gious creed, national origin, or political beliefs. 
"(d) The State agency (as defined in section 3(n) (1) of this Act) 
Plan of operation, 
of each State desiring to participate in the food stamp program shall approval, 
submit for approval a plan of operation specifying the manner in 
which such program will be conducted within the State in every politi-
91 STAT. 970 
PUBLIC LAW 95-113—SEPT. 29, 1977 
25 use 450f 
note. 
Training and 
assistance. 
Consultation with 
tribal 
organization. 
Notification. 
Bilingual 
personnel and 
materials. 
Application, 
filing. 
cal subdivision. In the case of all or part of an Indian reservation, the 
State agency as defined in section 3(n) (1) of this Act shall be respon-
sible for conducting such program on such reservation unless the Secre-
tary determines that the State agency (as defined in section 3 (n) (1) of 
this Act) is failing, subsequent to the enactment of this Act, properly 
to administer such program on such reservation in accordance with 
the purposes of this Act and further determines that the State agency 
as defined in section 3(n) (2) of this Act is capable of effectively and 
efficiently conducting such program, in light of the distance of the 
reservation from State agency-operated certification and issuance cen-
ters, the previous experience of such tribal organization in the opera-
tion of programs authorized under the Indian Self-Determination Act 
(25 U.S.C. 450) and similar Acts of Congress, the tribal organization's 
management and fiscal capabilities, and the adequacy of measures 
taken by the tribal organization to ensure that there shall be no dis-
crimination in the operation of the program on the basis of race, color, 
sex, or national origin, in which event such State agency shall be 
responsible for conducting such program and submitting for approval 
a plan of operation specifying the manner in which such program will 
be conducted. The Secretary, upon the request of a tribal organization, 
shall provide the designees of such organization with appropriate 
training and technical assistance to enable them to qualify as expedi-
tiously as possible as a State agency pursuant to section 3(n) (2) of 
this Act. A State agency, as defined in section 3(n) (1) of this Act, 
before it submits its plan of operation to the Secretary for the adminis-
tration of the food stamp program on all or part of an Indian reserva-
tion, shall consult in good faith with the tribal organization about that 
portion of the State's plan of operation pertaining to the implementa-
tion of the program for members of the tribe, and shall implement the 
program in a manner that is responsive to the needs of the Indians 
on the reservation as determined by ongoing consultation with the 
tribal organization. 
"(e) The State plan of operation required under subsection (d) of 
this section shall provide, among such other provisions as may be 
required by regulation— 
"(1) that the State agency shall (A) inform low-income house-
holds about the availability, eligibility requirements, and benefits 
of the food s^amp program, including, but not limited to, notifi-
cation to recipients of aid to families with dependent children, 
supplemental security income, and unemployment compensation, 
distribution of application forms, and associated instructions in 
filling out such forms, and on the documentation required pursu-
ant to paragraph (3) of this subsection; (B) not conduct any 
other outreach activities of a noninformational nature in those 
areas in which a federally funded community action program is 
in operation and conducting food s+amp outreach; and (C) use 
appropriate bilingual personnel and printed material in the 
administration of the program in those portions of political sub-
divisions in the State in which a substantial number of members 
of low-income households speak a language other than English; 
"(2) that each household which contacts a food stamp office 
in person during office hours to make what may reasonably be 
interpreted as an oral or written request for food stamp assistance 
shall receive and shall be permitted to file, on the same day that 
such contact is first made, a simplified, uniform national applica-
tion form for participation in the food stamp program designed 
by the Secretary, unless the Secretary approves a deviation from 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 971 
that form by a particular State agency because of the use by that 
agency of a dual public assistance food stamp application form 
pursuant to subsection (i) of this section, the requirements of an 
agency's computer system, or other exigencies as determined by 
the Secretary. Each application form shall contain a description Application foi-m. 
in understandable terms in prominent and boldface lettering of 
the appropriate civil and criminal provisions dealing with viola-
tions of this Act, including the penalties therefor, by members of 
an eligible household. The State agency shall comply with the 
standards established by the Secretary for points and hours of 
certification, and for telephone contact by, mail delivery of forms 
to and mail return of forms by, and subsequent home or telephone 
interview with, the elderly, physically or mentally handicapped, 
and persons otherwise unable, solely because of transportation 
difficulties and similar hardships, to appear in person at a certifi-
cation office or through a representative pursuant to paragraph 
(7) of this subsection, so that such persons may have an adequate 
opportunity to be certified properly; 
"(3) that the State agency shall thereafter promptly deter-
mine the eligibility of each applicant household by way of veri-
fication only of income other than that determined to be excluded 
by section 5(d) of this Act and such other eligibility factors as 
the Secretary determines to be necessary to implement sections 5 
and 6 of this Act, so as to complete certification of and provide 
an allotment retroactive to the period of application to any eligi-
ble household not later than thirty days following its filing of 
an application; 
" (4) that the State agency shall insure that each participating 
household receive a notice of expiration of its certification immedi-
ately prior to or at the start of the last month of its certification 
period advising it that it must submit a new application in order 
to renew its eligibility for a new certification period and, further, 
that each such household which seeks to be certified another time 
or more times thereafter by filing an application for such recertifi-
cation no later than fifteen days prior to the day upon which its 
existing certification period expires shall, if found to be still 
eligible, receive its allotment no later than one month after the 
receipt of the last allotment issued to it pursuant to its prior 
certification, but if such household is found to be ineligible or to 
be eligible for a smaller allotment during the new certification 
period it shall not continue to participate and receive benefits on 
the basis authorized for the preceding certification period even if 
it makes a timely request for a fair hearing pursuant to paragraph 
(10) of this subsection; 
"(5) the specific standards to be used in determining the eligi-
bility of applicant households which shall be in accordance with 
sections 5 and 6 of this Act and shall include no additional require-
ments imposed by the State agency; 
"(6) that (A) the State agency shall undertake the certification Certification, 
of applicant households in accordance with the general procedures 
prescribed by the Secretary in the regulations issued pursuant to 
this Act; (B) the State agency personnel utilized in undertaking 
such certification shall be employed in 'accordance with the current 
standards for a Merit System of Personnel Administration or any 
standards later prescribed by the United States Civil Service 
Commission pursuant to section 208 of the Intergovernmental 
Personnel Act of 1970 modifying or superseding such standards 42 USC 4728. 
relating to the establishment and maintenance of personnel stand-
Certification 
expiration, 
notice. 
Recertification. 
91 STAT. 972 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Personnel, 
training. 
Safeguards. 
Hearing. 
Reports. 
Poster displays. 
Disaster victims. 
ards on a merit basis; and (C) the State agency shall undertake 
to provide a continuing, comprehensive program of training for 
all personnel undertaking such certification; 
"(7) that any applicant household may be represented in the 
certification process and that any eligible household may be rep-
resented in coupon issuance or food purchase by a person other 
than a member of the household so long as that person has been 
clearly designated as the representative of that household for 
that purpose by the head of the household or the spouse of the 
head, and, where the certification process is concerned, the rep-
resentative is an adult who is sufficiently aware of relevant house-
hold circumstances; 
"(8) safeguards which limit the use or disclosure of informa-
tion obtained from applicant households to persons directly 
connected with the administration or enforcement of the pro-
visions of this Act or the regulations issued pursuant to this Act; 
"(9) that households in immediate need because of no income 
as defined in sections 5 (d) and (e) of this Act receive coupons 
on an expedited basis; 
"(10) for the granting of a fair hearing and a prompt deter-
mination thereafter to any household aggrieved by the action of 
the State agency under any provision of its plan of operation 
as it affects the participation of such household in the food stamp 
program or by a claim against the household for an overissuance: 
Provided^ That any household which timely requests such a fair 
hearing after receiving individual notice of agency action reduc-
ing or terminating its benefits within the household's certification 
period shall continue to participate and receive benefits on the 
basis authorized immediately prior to the notice of adverse action 
until such time as the fair hearing is completed and an adverse 
decision rendered or until such time as the household's certifica-
tion period terminates, whichever occurs earlier; 
"(11) for the prompt restoration in the form of coupons to 
households of any allotment or portion thereof which has been 
wrongfully denied or terminated; 
"(12) for the submission of such reports and other information 
as from time to time may be required by the Secretary; 
"(13) for compliance with standards set by the Secretary with 
respect to points and hours of coupon issuance; 
" (14) for indicators of expected performance in the administra-
tion of the program; 
"(15) that the State agency shall prominently display in all 
food stamp and public assistance offices posters prepared or 
obtained by the Secretary describing the information contained 
in subparagraphs (A) through (D) of this paragraph and shall 
make available in such offices for home use pamphlets prepared 
or obtained by the Secretary listing (A) foods that contain sub-
stantial amounts of recommended daily allowances of vitamins, 
minerals, and protein for children and adults; (B) menus that 
combine such foods into meals; (C) details on eligibility for other 
programs administered by the Secretary that provide nutrition 
benefits; and (D) general information on the relationship between 
health and diet; and 
" (16) that the State agency shall specify a plan of operation for 
providing food stamps for households that are victims of a disas-
ter ; that such plan shall include, but not be limited to, procedures 
for informing the public about the disaster program and how to 
apply for its benefits, coordination with Federal and private dis-
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 973 
aster relief agencies and local government officials, application 
procedures to reduce hardship and inconvenience and deter fraud, 
and instruction of caseworkers in procedures for implementing 
and operating the disaster program. 
"(f) To encourage the purchase of nutritious foods, the Secretary 
shall extend the expanded food and nutrition education program to 
the greatest extent possible to reach food stamp program participants. 
The program shall be further supplemented by the development of 
single concept printed materials, specifically designed for persons with 
low reading and comprehension levels, on how to buy and prepare 
more nutritious and economical meals and on the relationship between 
food and good health. 
"(g) If the Secretary determines that in the administration of the 
food stamp program there is a failure by a State agency to comply with 
any of the provisions of this Act, the regulations issued pursuant to this 
Act, or the State plan of operation submitted pursuant to subsection 
(d) of this section, the Secretary shall immediately inform such State 
agency of such failure and shall allow the State agency a specified 
period of time for the correction of such failure. If the State agency 
does not correct such failure within that specified period, the Secretary 
may refer the matter to the Attorney General with a request that 
injunctive relief be sought to require compliance forthwith by the State 
agency and, upon suit by the Attorney General in an appropriate dis-
trict court of the United States having jurisdiction of the geographic 
area in which the State agency is located and a showing that noncom-
pliance has occurred, appropriate injunctive relief shall issue. 
"(h) If the Secretary determines that there has been negligence or 
fraud on the part of the State agency in the certification of applicant 
households, the State shall, upon request of the Secretary, deposit into 
the Treasury of the United States, a sum equal to the face value of any 
coupon or coupons issued as a result of such negligence or fraud. 
"(i) Notwithstanding any other provision of law, the Secretary and 
the Secretary of Health, Education, and Welfare shall develop a sys-
tem by which (1) a single interview shall be conducted to determine 
eligibility for the food stamp program and the aid to families with 
dependent children program under part A of title IV of the Social 
Security Act; (2) households in which all members are recipients of 
supplemental security income shall be permitted to apply for partici-
pation in the food stamp program by executing a simplified affidavit at 
the social security office and be certified for eligibility utilizing infor-
mation contained in files of the Social Security Administration; (3) 
households in which all members are included in a federally aided 
public assistance or State or local general assistance grant shall have 
their application for participation in the food stamp program con-
tained in the public assistance or general assistance application form; 
and (4) new applicants, as well as households which have recently 
lost or been denied eligibility for public assistance or general assist-
ance, shall be certified for participation in the food stamp program 
based on information in the public assistance or general assistance 
case file to the extent that reasonably verified information is available 
in such case file. 
"(j) The Secretary, in conjunction with the Secretary of Health, 
Education, and Welfare, is authorized to prescribe regulations per-
mitting applicants for and recipients of social security benefits to 
apply for food stamps at social security offices and be certified for 
food stamp eligibility in such offices in order that the application and 
certification for food stamp assistance may be accomplished as effi-
ciently and conveniently as possible. 
Food and 
nutrition 
program, 
extension. 
State 
noncompliance, 
correction. 
Injunctive relief. 
Deposit by States. 
System, 
development. 
42 u s e 601. 
Joint regulations, 
USDA—HEW. 
91 STAT. 974 
PUBLIC LAW 95-113—SEPT. 29, 1977 
"(k) Subject to the approval of the President, post offices in all or 
part of the State may issue, upon request by the State agency, food 
stamps to eligible households. 
7 use 2021. 
Review. 
"CIVIL MONEY PENALTIES AND DISQUALIFICATION OF RETAIL FOOD STORES 
AND WHOLESALE FOOD CONCERNS 
"SEC. 12. Any approved retail food store or wholesale food concern 
may be disqualified for a specified period of time from further partici-
pation in the food stamp program, or subjected to a civil money 
penalty of up to $5,000 for each violation if the Secretary determines 
that its disqualification would cause hardship to food stamp house-
holds, on a finding, made as specified in the regulations, that such store 
or concern has violated any of the provisions of this Act or the 
regulations issued pursuant to this Act. Such disqualification shall be 
for such period of time as may be determined in accordance with regu-
lations issued pursuant to this Act. The action of disqualification or 
the imposition of a civil money penalty shall be subject to review as 
provided in section 14 of this Act. 
7 use 2022. 
Delegation of 
authority. 
Notice. 
7 use 2023. 
Request for 
submission of 
information, 
filing. 
"DETERMINATION OF DISPOSITION OF CLAIMS 
"SEC. 13. The Secretary shall have the power to determine the 
amount of and settle and adjust any claim and to compromise or deny 
all or part of any such claim or claims arising under the provisions of 
this Act or the regulations issued pursuant to this Act, including, but 
not limited to, claims arising from fraudulent and nonfraudulent 
overissuances to recipients. Such powers with respect to claims against 
recipients may be delegated by the Secretary to State agencies. 
" A D M I N I S T R A T I V E A N D JUDICIAL REVIEW 
"SEC. 14. Whenever an application of a retail food store or wholesale 
food concern to participate in the food stamp program is denied pur-
suant to section 9 of this Act, or a retail food store or wholesale food 
concern is disqualified or subjected to a civil money penalty under the 
provisions of section 12 of this Act, or all or part of any claim of a 
retail food store or wholesale food concern is denied under the pro-
visions of section 13 of this Act, or a claim against a State agency is 
stated pursuant to the provisions of section 13 of this Act, notice of 
such administrative action shall be issued to the retail food store, 
wholesale food concern, or State agency involved. Such notice shall be 
delivered by certified mail or personal service. If such store, concern, or 
State agency is aggrieved by such action, it may, in accordance with 
regulations promulgated under this Act, within ten days of the date 
of delivery of such notice, file a written request for an opportunity to 
submit information in support of its position to such person or persons 
as the regulations may designate. If such a request is not made or if 
such store, concern, or State agency fails to submit information 
in support of its position after filing a request, the administrative 
determination shall be final. If such request is made by such store, 
concern, or State agency, such information as may be submitted by 
the store, concern, or State agency, as well as such other informa-
tion as may be available, shall be reviewed by the person or persons 
designated by the Secretary, who shall, subject to the right of judi-
cial review hereinafter provided, make a determination which shall 
be final and which shall take effect thirty days after the date of the 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 975 
delivery or service of such final notice of determination. If the store, 
Complaint, filing. 
concern, or State agency feels aggrieved by such final determination, 
it may obtain judicial review thereof by filing a complaint against the 
United States in the United States court for the district in which it 
resides or is engaged in business, or, in the case of a retail food store 
or wholesale food concern, in any court of record of the State having 
competent jurisdiction, within thirty days after the date of delivery 
or service of the final notice of determination upon it, requesting the 
court to set aside such determination. The copy of the summons and 
complaint required to be delivered to the official or agency whose 
order is being attacked shall be sent to the Secretary or such person or 
persons as the Secretary may designate to receive service of process. 
The suit in the United States district court or State court shall 
be a trial de novo by the court in which the court shall determine 
the validity of the questioned administrative action in issue. If 
the court determines that such administrative action is invalid, it 
shall enter such judgment or order as it determines is in accordance 
with the law and the evidence. During the pendency of such judicial 
Stay. 
review, or any appeal therefrom, the administrative action under 
review shall be and remain in full force and effect, unless an application 
to the court on not less than ten days' notice, and after hearing thereon 
and a showing of irreparable injury, the court temporarily stays such 
administrative action pending disposition of such trial or appeal. 
7 use 2024. 
"VIOLATIONS AND ENFORCEMENT 
"SEC. 15. (a) Notwithstanding any other provision of this Act, the 
Coupon 
Secretary may provide for the issuance or presentment for redemption redemption, 
of coupons to such person or persons, and at such times and in such 
manner, as the Secretary deems necessary or appropriate to protect 
the interests of the United States or to ensure enforcement of the pro-
visions of this Act or the regulations issued pursuant to this Act. 
"(b) Whoever knowingly uses, transfers, acquires, alters, or possesses 
coupons or authorization cards in any manner not authorized by this 
Act or the regulations issued pursuant to this Act shall, if such coupons 
or authorization cards are of the value of $100 or more, be guilty of a 
felony and shall, upon conviction thereof, be fined not more than 
$10,000 or imprisoned for not more than five years, or both, or, if such 
coupons or authorization cards are of a value of less than $100, shall 
be guilty of a misdemeanor and shall, upon conviction thereof, be fined 
not more than $1,000 or imprisoned for not more than one year, or both. 
"(c) Whoever presents, or causes to be presented, coupons for pay-
ment or redemption of the value of $100 or more, knowing the same to 
have been received, transferred, or used in any manner in violation 
of the provisions of this Act or the regulations issued pursuant to this 
Act shall be guilty of a felony and shall, upon conviction thereof, be 
fined not more than $10,000 or imprisoned for not more than five years, 
or both, or, if such coupons are of a value of less than $100, shall be 
guilty of a misdemeanor and shall, upon conviction thereof, be fined 
not more than $1,000 or imprisoned for not more than one year, or both. 
"(d) Coupons issued pursuant to this Act shall be deemed to be 
obligations of the United States within the meaning of section 8 of 
title 18, United States Code. 
"(e) Any coupon issuer or any officer, employee, or agent thereof 
convicted of failing to provide the report required under section 7(d) 
of this Act or of violating the regulations issued under section 7 (d) 
and (e) of this Act shall be fined not more than $1,000 or imprisoned 
for not more than one year, or both. 
29-194 0 -
91 STAT. 976 
PUBLIC LAW 95-113—SEPT. 29, 1977 
"(f) Any coupon issuer or any officer, employee, or agent thereof 
convicted of knowingly providing false information in the report 
required under section 7(d) of this Act shall be fined not more than 
$10,000 or imprisoned not more than five years, or both. 
7 use 2025. 
Administration, 
standards. 
Reports. 
Funds, 
withholding. 
Federal share, 
adjustment. 
Effective date. 
Annual quality 
control plan, 
submittal to 
Secretary. 
Effective date. 
"ADMINISTRATIVE COST-SHARING AND QUALITY CONTROL 
f 
"SEC. 16. (a) The Secretary is authorized to pay to each State agency 
an amount equal to 50 per centum of all administrative costs involved 
in each State agency's operation of the food stamp program, which 
costs shall include, but not be limited to, the cost of (1) outreach, 
(2) the certification of applicant households, (3) the acceptance, stor-
age, protection, control, and accounting of coupons after their delivery 
to receiving points within the State, (4) the issuance of coupons to 
all eligible households, and (5) fair hearings: Provided^ That the 
Secretary is authorized to pay each State agency an amount not less 
than 75 per centum of the costs of State food stamp program investi-
gations and prosecutions, and is further authorized at the Secretary's 
discretion to pay any State agency administering the food stamp pro-
gram on all or part of an Indian reservation under section 11(d) of 
this Act such amounts for administrative costs as the Secretary deter-
mines to be necessary for effective operation of the food stamp 
program. 
"(b) The Secretary shall (1) establish standards for the efficient 
and effective administration of the food stamp program by the States, 
including, but not limited to, staffing standards such as caseload per 
certification worker limitations, and (2) instruct each State to submit, 
at regular intervals, reports which shall specify the specific adminis-
trative actions proposed to be taken and implemented in order to 
meet the efficiency and effectiveness standards established pursuant 
to clause (1) of this subsection. If the Secretary finds that a State 
has failed without good cause to meet any of the Secretary's standards, 
or has failed to carry out the approved State plan of operation under 
section 11(d) of this Act, the Secretary shall withhold from the State 
such fimds authorized under subsections (a) and (c) of this section 
as the Secretary determines to be appropriate. 
"(c) Effective October 1,1978, the Secretary is authorized to adjust 
a State agency's federally funded share of administrative costs pur-
suant to subsection (a) of this section, other than the costs already 
shared in excess of 50 per centum as described in the exception clause 
of subsection (a) of this section, by increasing such share to 60 per 
centum of all such administrative costs in the case of a State agency 
whose cumulative allotment error rates with respect to eligibility, over-
issuance, and underissuance as calculated in the quality control 
program undertaken pursuant to subsection (d) (1) of this section is 
less than five per centum. 
"(d) Effective October 1, 1978, and annually thereafter, each State 
not receiving an increased share of administrative costs pursuant to 
subsection (c) of this section shall be required to develop and submit 
to the Secretary for approval, as part of the plan of operation required 
to be submitted under section 11(d) of this Act, a quality control plan 
for the State which shall specify the actions such State proposes to take 
in order to reduce— 
" (1) the incidence of error rates in and the value of-— 
" (A) food stamp allotments for households which fail to 
meet basic program eligibility requirements; 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 977 
Contracts or 
grants. 
7 u s e 2026. 
Pilot projects. 
"(B) food stamp allotments overissued to eligible house-
holds ; and 
"(C) food stamp allotments underissued to eligible house-
holds; and 
" (2) the incidence of invalid decisions in certifying or denying 
eligibility. 
"(e) As used in this section 'quality control' means monitoring and "Quality 
reducing the rate of errors in determining basic eligibility and benefit control." 
levels. 
"RESEARCH, DEMONSTRATION, AND EVALUATIONS 
"SEC. IT. (a) The Secretary may, by way of making contracts with 
or grants to public or private organizations or agencies, undertake 
research that will help improve the administration and effectiveness of 
the food stamp program in delivering nutrition-related benefits. 
"(b) (1) The Secretary is authorized to conduct on a trial basis, in 
one or more areas of the United States, pilot or experimental projects 
designed to test program changes that might increase the efficiency of 
the food stamp program and improve the delivery of food stamp 
benefits to eligible households, including projects involving the pay-
ment of the value of allotments in the form of cash to eligible house-
holds all of whose members are either age sixty-five or over or entitled 
to supplemental security income benefits under title XVI of the Social 
Security Act, the use of countersigned food coupons or similar identifi-
cation mechanisms that do not invade a household's privacy, and the 
use of food checks or other voucher-type forms in place of food cou-
pons. The Secretary may waive the requirements of this Act to the 
degree necessary for such projects to be conducted, except that no 
project shall be implemented which would lower or further restrict the 
income or resource standards or benefit levels provided pursuant to 
sections 5 and 8 of this Act. 
"(2) The Secretary shall, jointly with the Secretary of Labor, imple-
ment two pilot projects involving the performance of work in return 
for food stamp benefits in each of the seven administrative regions 
of the Food and Nutrition Service of the Department of Agriculture, 
such projects to be (A) appropriately divided in each region between 
locations that are urban and rural in characteristics and among loca-
tions selected to provide a representative cross-section of politica] sub-
divisions in the States and (B) submitted for approval prior to project 
implementation, together with the names of the agencies or organiza-
tions that will be engaged in such projects, to the Committee on Agri-
culture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate. LTnder such pilot 
projects, any person who is subject to the work registration require-
ments pursuant to section 6(d) of this Act, and is a member of a 
household that does not have earned income equal to or exceeding the 
allotment to which the household is otherwise entitled pursuant to 
section 8(a) of this Act, shall be ineligible to participate in the food 
stamp program as a member of any household during any month in 
which such person refuses, after not being offered employment in the 
private sector of the economy for more than thirty days after the ini-
tial registration for employment referred to in section 6(d) (1) (i) of 
this Act, to accept an offer of employment from a political subdivision 
or a prime sponsor pursuant to the Comprehensive Employment and 
Training Act of 1973, as amended (29 U.S.C. 812), for which employ-
ment compensation shall be paid in the form of the allotment to which 
42 use 1381. 
Waiver. 
Pilot projects. 
Submittal for 
approval to 
congressional 
committees. 
Eligibility. 
91 STAT. 978 
PUBLIC LAW 95-113—SEPT. 29, 1977 
2« u s e 801 note. 
Joint reports, 
issuance to 
congressional 
committees. 
Evaluation 
measures. 
Study. 
26 u s e 1 et seq. 
Report to 
congressional 
committees. 
Recommenda-
tions. 
the household is otherwise entitled pursuant to section 8(a) of this 
Act, with each hour of employment entitling the household to a 
portion of the allotment equal in value to 100 per centum of the Federal 
minimum hourly rate under the Fair Labor Standards Act of 1938, 
as amended (29 U.S.C. 206(a)(1)); which employment shall not, 
together with any other hours worked in any other capacity by such 
person exceed forty hours a week; and which employment shall not 
be used by the employer to fill a job opening created by the action of 
such employer in laying off or terminating the employment of any regu-
lar employee not supported under this paragraph in anticipation of 
filling the vacancy so created by hiring an employee or employees to be 
supported under this paragraph: Provided^ That all of the political 
subdivision's or prime sponsor's public service jobs supported under the 
Comprehensive Employment and Training Act of 1973, as amended 
(29 U.S.C. 812), are filled before such subdivision or sponsor can extend 
a job offer pursuant to this paragraph: Provided further, That the 
sponsor of each such project shall provide the assurances required of 
prime sponsors under section 205(c) (7), (8), (15), (19), and (24) 
of the Comprehensive Employment and Training Act of 1973, as 
amended (29 U.S.C. 845(c)), and the Secretary shall require such 
sponsors to comply with the conditions contained in sections 208(a) 
(1), (4), and (5) and (c) and 703(4) of the Comprehensive Employ-
ment and Training Act of 1973, as amended (29 U.S.C. 848 (a) and 
(c) and 983). The Secretary and the Secretary of Labor shall jointly 
issue reports to the appropriate committees of Congress on the 
progress of such pilot projects no later than six and twelve months 
following enactment of this Act, and shall issue a final report describ-
ing the results of such pilot projects no later than eighteen months 
following enactment of this Act. 
"(c) The Secretary shall develop and implement measures for eval-
uating, on an annual or more frequent basis, the effectiveness of the 
food stamp program in achieving its stated objectives, including, but 
not limited to, the program's impact upon the nutritional and eco-
nomic status of participating households, the program's impact upon 
all sectors of the agricultural economy, including farmers and ranch-
ers, as well as retail food stores, and the program's relative fairness to 
households of different income levels, different age composition, differ-
ent size, and different regions of residence. 
"(d) Notwithstanding any other provision of law, the Secretary 
shall, in consultation with the Secretary of the Treasury, conduct a 
study, through the use of Federal income tax data, of the feasibility, 
alternative methods of implementation, and the effects of a program to 
recover food stamp benefits from members of eligible households in 
which the adjusted gross income of members of such households for a 
calendar year (as defined by the Internal Revenue Code of 1954) may 
exceed twice the income poverty guidelines set forth in section 5(c) 
of this Act. Such study shall be conducted in rural and urban areas 
only on a voluntary basis by food stamp recipients. The Secretary 
shall, no later than twelve months and eighteen months from the date 
of enactment of this Act, report the results of the study to the Com-
mittees on Agriculture and Ways and Means of the House of Repre-
sentatives and to the Committees on Agriculture, Nutrition, and 
Forestry and Finance of the Senate, together with such recommenda-
tions as the Secretary deems appropriate. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 979 
"AUTHORIZATION FOR APPROPRIATIONS 
"SEC. 18. (a) To carry out the provisions of this Act, there are 
hereby authorized to be appropriated not in excess of $5,847,600,000 
for the fiscal year ending September 30, 1978; not in excess of 
$6,158,900,000 for the fiscal year ending September 30, 1979; not in 
excess of $6,188,600,000 for the fiscal year ending September 30,1980; 
and not in excess of $6,235,900,000 for the fiscal year ending Septem-
ber 30,1981. Not to exceed one-fourth of 1 per centum of the previous 
year's appropriation is authorized in each such fiscal year to carry out 
the provisions of section 17 of this Act. Sums appropriated under the 
provisions of this Act shall, notwithstanding the provisions of any 
other law, continue to remain available until expended. 
"(b) In any fiscal year, the Secretary shall limit the value of those 
allotments issued to an amount not in excess of the appropriation for 
such fiscal year. If in any fiscal year the Secretary finds that the 
requirements of participating States will exceed the limitation set 
herein, the Secretary shall direct State agencies to reduce the value 
of such allotments to be issued to households certified as eligible to 
participate in the food stamp program to the extent necessary to com-
ply with the provisions of this subsection." 
7 use 2027. 
Allotment value, 
limitation. 
CONFORMING AMENDMENTS 
SEC. 1302. (a)(1) Section 3(b) and section 4(c) of Public Law 93-86 
are repealed. 
(2) The last sentence of section 416 of the Act of October 31, 1949 
(as added by section 411(g) of Public Law 92-603), is repealed. 
(3) Section 8(c) of Public Law 93-233 is amended by striking out 
"the last sentence of section 3(e) of the Food Stamp Act of 1964 (as 
amended by subsection (a) of this section)" and inserting in lieu 
thereof "section 6(g) of the Food Stamp Act of 1977". 
(4) Section 8(f) of Public Law 93-233 is amended by striking out 
everything through "during such period," and inserting in lieu thereof 
"The amendment made by subsection (e) shall not". 
(b) The amendments made by this section shall be effective 
October 1, 1977. 
Repeal. 
7 u s e 2012, 
612c note. 
Repeal. 
7 u s e 1431. 
42 u s e 1382e 
note. 
Effective date. 
7 u s e 2012 note. 
IMPLEMENTATION OF THE FOOD STAMP ACT OF 
1977 
SEC. 1303. (a) The Secretary of Agriculture shall implement the 
Food Stamp Act of 1977 as expeditiously as possible consistent with 
the efficient and effective administration of the food stamp program. 
The provisions of the Food Stamp Act of 1964, as amended, which 
are relevant to current regulations of the Secretary governing the food 
stamp program, shall remain in effect until such regulations are 
revoked, superseded, amended, or modified by regulations issued pur-
suant to the Food Stamp Act of 1977. Coupons issued pursuant to the 
Food Stamp Act of 1964, as amended, and in general use as of the 
effective date of the Food Stamp Act of 1977, shall continue to be 
usable to purchase food, and all other liabilities of the Secretary, 
States, and applicant or participating households, under the Food 
Stamp Act of 1964, as amended, shall continue in force until finally 
resolved or terminated by administrative or judicial action, or other-
wise. 
(b) Pending proceedings under the Food Stamp Act of 1964, as 
amended, shall not be abated by reason of any provision of the Food 
eontinuity. 
7 u s e 2011 note. 
91 STAT. 980 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Quarterly report, 
submittal to 
congressional 
committees. 
Stamp Act of 1977, but shall be disposed of pursuant to the applicable 
provisions of the Food Stamp Act of 1964, as amended, in effect prior 
to the effective date of the Food Stamp Act of 1977. 
(c) Appropriations made available to carry out the Food Stamp 
Act of 1964, as amended, shall be available to carry out the provisions 
of the Food Stamp Act of 1977. 
(d) The Secretary shall, within six months of enactment of this 
Act, submit a quarterly report to the Senate Committee on Agricul-
ture, Nutrition, and Forestry and the House Committee on Agricul-
ture, setting forth the previous quarter's expenditure, by State, for 
the food stamp program. Such report shall also include the number of 
individuals participating in the program and the cost of administer-
ing the program at each State level and at the national level. 
Effective date. 
7 u s e 612c note. 
Effective date. 
7 u s e 1307 note. 
COMMODITY DISTRIBUTION PROGRAMS 
SEC. 1304. (a) Effective October 1, 1977, sections 4(a) and 4(b) of 
the Agriculture and Consumer Protection Act of 1973, as amended, 
are amended to read as follows: 
"SEC. 4. (a) Notwithstanding any other provision of law, the Secre-
tary may, during fiscal years 1978, 1979, 1980, and 1981, purchase and 
distribute sufficient agricultural commodities with funds appropriated 
from the general fund of the Treasury to maintain the traditional 
level of assistance for food assistance programs as are authorized by 
law, including but not limited to distribution to institutions, supple-
mental feeding programs wherever located, disaster areas, summer 
camps for children, the United States Trust Territory of the Pacific 
Islands, and Indians, whenever a tribal organization requests distri-
bution of federally donated foods pursuant to section 4(b) of the 
Food Stamp Act of 1977. In providing for commodity distribution 
to Indians, the Secretary shall improve the variety and quantity of 
commodities supplied to Indians in order to provide them an opportu-
nity to obtain a more nutritious diet. 
"(b) The Secretary may furnish commodities to summer camps for 
children in which the number of adults participating in camp activi-
ties as compared with the number of children under 18 years of age 
so participating is not unreasonable in light of the nature of such 
camp and the characteristics of the children in attendance.". 
(b) Effective October 1, 1977, the Agriculture and Consumer Pro-
tection Act of 1973, as amended, is amended by— 
(1) redesignating section 5 as section 6; and 
(2) inserting after section 4 a new section 5 as follows: 
; 
Payment to State 
or local agencies. 
7 u s e 612c note. 
COMMODITY SUPPLEMENTAL EOOD PROGRAM 
"SEC. 5. (a) In carrying out the supplemental feeding program 
(hereinafter referred to as the 'commodity supplemental food 
program') to which reference is made in section 4 of this Act, the Sec-
retary of Agriculture shall pay to each State or local agency adminis-
tering any such program, for each of the fiscal years 1978 through 
1981, an amount equal to its administrative costs not in excess of an 
amount equal to 15 per centum of the total amount of the value of 
commodities made available to the State or local agency for such 
program in such fiscal year. 
"(b) During the first three months of any commodity supplemental 
food program, or until such program reaches its projected caseload 
level, whichever comes first, the Secretary shall pay those adminis-
trative costs necessary to commence the program successfully: Pro-
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 981 
mded^ That in no event shall administrative costs paid by the 
Secretary for any fiscal year exceed the limitation established in sub-
section (a) of this section. 
"(c) Administrative costs for the purposes of the commodity sup-
plemental food program shall include, but not be limited to, expenses 
for information and referral, operation, monitoring, nutrition educa-
tion, start-up costs, and general administration, including staff, ware-
house and transportation personnel, insurance, and administration of 
the State or local office. 
"(d) During each fiscal year the commodity supplemental food 
program is in operation, the types and varieties of commodities and 
their proportional amounts shall be determined by the Secretary, but, 
if the Secretary proposes to make any significant changes in the types, 
varieties, or proportional amounts from those that were available or 
were planned at the beginning of the fiscal year (or as were available 
during the fiscal year ending June 30, 1976, whichever is greater) 
the Secretary shall report such changes before implementation to the 
Committee on Agriculture of the House of Eepresentatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate. 
"(e) The Secretary of Agriculture is authorized to issue such regu-
lations as may be necessary to carry out the commodity supplemental 
food program.". 
TITLE 
XIV—NATIONAL AGRICULTURAL 
RESEARCH, 
EXTENSION, AND TEACHING POLICY ACT OF 1977 
SHORT TITLE 
SEC. 1401. This title may be cited as the "National Agricultural 
Research, Extension, and Teaching Policy Act of 1977". 
Subtitle A—Findings, Purposes, and Definitions 
FINDIN&S 
SEC. 1402. Congress finds that— 
(1) the Federal Government of the United States has provided 
funding support for agricultural research and extension for many 
years in order to promote and protect the general health and wel-
fare of the people of the United States, and this support has sig-
nificantly contributed to the development of the Nation's 
agricultural system; 
(2) the agencies conducting such federally supported research 
were established at different times in response to different and 
specific needs and their work is not fully coordinated ; 
(3) these agencies have only been partially successful in 
responding to the needs of all persons affected by their research, 
and useful information produced through such federally sup-
ported research is not being efficiently transferred to the people 
of the United States; 
(4) expanded agricultural research and extension are needed to 
meet the rising demand for food and fiber caused by increases 
in worldwide population and food shortages due to short-term, 
localized, and adverse climatic conditions; 
(5) increased research is necessary to alleviate inadequacies of 
the marketing system (including storage, transportation, and 
distribution of agricultural and forest products) which have 
impaired United States agricultural production and utilization; 
Report to 
congressional 
committees. 
Regulations. 
National 
Agricultural 
Research, 
Extension, and 
Teaching Polic)' 
Act of 1977. 
7 u s e 3101 note 
7 use 3101. 
91 STAT. 982 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(6) advances in food and agricultural sciences and technology 
have become increasingly limited by the concentraticMi upon the^ 
thorough development and exploitation of currently known 
scientific principles and technological approaches at the ejcpense 
of more fundamental research, and a strong research effort in 
the basic sciences is necessary to achieve breakthroughs in knowl-
edge that can support new and innovative food and agricultural 
technologies; 
(7) Federal funding levels for agricultural research and exten-
sion in recent years have not been commensurate with needs 
stemming from changes in United States agricultural practices 
and the world food and agricultural situation; 
(8) new Federal initiatives are needed in the areas of— 
(A) research to find alternatives to technologies based on 
fossil fuels; 
(B) research and extension on human nutrition and food 
consumption patterns in order to improve the health and 
vitality of the people of the United States; 
(C) research to find solutions to environmental problems 
caused by technological changes in food and agricultural 
production; 
(D) aquaeultural research and extension; 
(E) research and extension directed toward improving 
'•'" 
the management and use of the Nation's natural and renewa-
ble resources, in order to meet the increased demand for 
forest products, conserve water resources (through irriga-
tion management, tail water reuse, desalination, crop con-
version, and other water conservation techniques), conserve 
•'' 
soil resources, and properly manage rangelands; 
(F) improving and expanding the research and extension 
programs in home economics; 
(G) extension programs in energy conservation; 
(H) extension programs in forestry and natural resources, 
with special emphasis to be given to improving the pro-
.. , 
ductivity of small private woodlands, modernizing wood 
harvesting and utilization, developing and disseminating reli-
able multiple-use resource management information to all 
landowners and consumers, and the general public, wildlife, 
watershed, and recreational management, and cultural prac-
tices (including reforestation, protection, and related mat-
ters) ; 
(I) research on climate, drought, and weather modification 
as factors in food and agricultural production; 
(J) more intensive agricultural research and extension 
programs oriented to the needs of small farmers and their 
families and the family farm system, which is a vital com-
ponent of the agricultural production capacity of this 
country; 
(K) research to expand export markets for agricultural 
• 
commodities; 
(L) development and implementation, through research, of 
more efficient, less wasteful, and environmentally sound meth-
ods of producing, processing, marketing, and utilizing food, 
fiber, waste products, other nonfood agricultural products, 
and forest and rangeland products; 
(M) expanded programs of animal disease and health care 
(jr 
research and extension; 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 983 
(N) research to develop new crops, in order to expand our 
use of varied soils and increase the choice of nutritional and 
economically viable crops available for cultivation; and 
(O) investigation and analysis of the practicability, 
desirability, and feasibility of using organic waste materials 
to improve soil tilth and fertility, and extension programs to 
disseminate practical information resulting from such inves-
tigations and analyses; and 
(9) the existing agricultural research system consisting of the 
Federal Government, the land-grant colleges and universities, 
other colleges and universities engaged in agricultural I'esearch, 
the agricultural experiment stations, and the private sector con-
stitute an essential national resource which must serve as the 
foundation for any further strengthening of agricultural research 
in the United States. 
PURPOSES 
SEC. 1403. The purposes of this title are to— 
7 USC 3102. 
(1) establish firmly the Department of Agriculture as the lead 
agency in the Federal Government for the food and agricultural 
sciences, and to emphasize that agricultural research, extension, 
and teaching are distinct missions of the Department of Agri-
culture ; 
(2) undertake the special measures set forth in this title to 
improve the coordination and planning of agricultural research, 
identify needs and establish priorities for such research, assure 
that high priority research is given adequate funding, assure that 
national agricultural research, extension, and teaching objectives 
are fully achieved, and assure that the results of agricultural 
research are effectively communicated and demonstrated to farm-
ers, processors, handlers, consumers, and all other users who can 
benefit therefrom; 
(3) increase cooperation and coordination in the performance 
of agricultural research by Federal departments and agencies, the 
States, State agricultural experiment stations, colleges and uni-
versities, and user groups; 
(4) enable the Federal Government, the States, colleges and 
universities, and others to implement needed agricultural research, 
extension, and teaching programs, including the initiatives spec-
ified in section 1402(8) of this title, through the establishment 
of new programs and the improvement of existing programs, as 
provided for in this title; 
(5) establish a new program of grants for high-priority agri-
cultural research to be awarded on the basis of competition among 
scientific research workers and all colleges and universities; 
(6) establish a new program of grants for facilities and instru-
mentation used in agricultural research; and 
(7) establish a new program of education grants and fel-
lowships to strengthen training and research programs in the 
food and agricultural sciences, to be awarded on the basis of 
competition. 
DEFINITIONS 
SEC. 1404. When used in this title— 
7 U
S
C 3103. 
(1) the term "Advisory Board" means the National Agricul-
tural Research and Extension Users Advisory Board; 
(2) the term "a^icultural research" means research in the food 
and agricultural sciences; 
91 STAT. 984 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(3) the term "aquaculture" means the propagation and rearing 
of aquacultural species, including, but not limited to, any species 
of finfish, moUusk, or crustacean (or other aquatic invertebrate), 
amphibian, reptile, or aquatic plant, in controlled or selected 
environments; 
(4) the terms "college" and "university" mean an educational 
institution in any State which (A) admits as regular students only 
persons having a certificate of graduation from a school providing 
secondary education, or the recognized equivalent of such a certifi-
cate, (B) is legally authorized within such State to provide a pro-
gram of education beyond secondary education, (C) provides an 
educational program for which a bachelor's degree or any other 
higher degree is awarded, (D) is a public or other nonprofit insti-
tution, and (E) is accredited by a nationally recognized accredit-
ing agency or association; 
(5) the term "cooperative extension services" means the organi-
zations established at the land-grant colleges and universities 
- '' 
' 
under the Smith-Lever Act of May 8, 1914 (38 Stat. 372-374, as 
amended; 7 U.S.C. 341-349), and section 209(b) of the Act of 
October 26, 1974 (88 Stat. 1428, as amended; D.C. Code, sec. 
31-I7l9(b)); 
(6) the term "Department of Agriculture" means the United 
States Department of Agriculture; 
(7) the term "extension" means the informal education pro-
grams conducted in the States in cooperation with the Department 
of Agriculture; 
(8) the term "food and agricultural sciences" means sciences 
relating to food and agriculture in the broadest sense, including 
the social, economic, and political considerations of— 
(A) agriculture, including soil and water conservation and 
use, the use of organic waste materials to improve soil tilth 
and fertility, plant and animal production and protection, and 
plant and animal health; 
(B) the processing, distributing, marketing, and utilization 
of food and agricultural products; 
(C) forestry, including range management, production of 
forest and range products, multiple use of forest and range 
lands, and urban forestry; 
(D) aquaculture; 
' 
(E) home economics, human nutrition, and family life; 
and 
(F) rural and community development; 
' 
(9) the term "Joint Council" means the Joint Council on Food 
and Agricultural Sciences; 
(10) the term "land-grant colleges and universities" means 
those institutions eligible to receive funds under the Act of July 2, 
1862 (12 Stat. 503-505, as amended; 7 U.S.C. 301-305, 307 and 
308), or the Act of August 30,1890 (26 Stat. 417-419, as amended; 
7 U.S.C. 321-326 and 328), including the Tuskegee Institute; 
(11) the term "Secretary" means the Secretary of Agriculture 
of the United States; 
(12) except as provided in subtitle H of this title, the term 
ij 
J ^ 
"State" means any one of the fifty States, Puerto Rico, Guam, 
the District of Columbia, and the Virgin Islands of the United 
States; 
(13) the term "State agricultural experiment stations" means 
those institutions eligible to receive funds under the Act of 
March 2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C. 361a-
361i) ; and 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 985 
(14) the term "teaching" means the formal classroom and lab-
oratory instruction and training in the food and agricultural 
sciences conducted at colleges and universities and leading to 
baccalaureate and other recognized degrees. 
8ubtitle B—Coordination and Planning of Agricultural Research, 
Extension, and Teaching 
RESPONSIBILITIES OF THE SECRETARY AND DEPARTMENT OF AGRICULTURE 
SEC. 1405. The Department of Agriculture is designated as the lead 
agency of the Federal Government for agricultural research (except 
with respect to the biomedical aspects of human nutrition concerned 
with diagnosis or treatment of disease), extension, and teaching in the 
food and agricultural sciences, and the Secretary, in carrying out the 
Secretary's responsibilities, shall— 
(1) establish jointly with the Secretary of Health, Education, 
and Welfare procedures for coordination with respect to nutri-
tion research in areas of mutual interest; 
(2) keep informed of developments in, and the Nation's need 
for, research, extension, teaching, and manpower development in 
the food and agricultural sciences and represent such need in 
deliberations within the Department of Agriculture, elsewhere 
within the executive branch of the United States Government, 
and with the several States and their desi^ated land-grant col-
leges and universities, other colleges and universities, agricultural 
and related industries, and other interested institutions and 
groups; 
(3) coordinate all agricultural research, extension, and teaching 
activity conducted or financed by the Department of Agriculture 
and, to the maximum extent practicable, by other agencies of the 
executive branch of the United States Government; 
(4) take the initiative in establishing coordination of State-
Federal cooperative agricultural research, extension, and teach-
ing programs, funded in whole or in part by the Department of 
Agriculture in each State, through the administrative heads of 
land-grant colleges and universities and the State directors of 
agricultural experiment stations and cooperative extension serv-
ices, and other appropriate program administratoi-s; 
(5) consult the Joint Council, Advisory Board, and other 
appropriate advisory committees of the Department of Agri-
culture in the formulation of basic policies, goals, strategies, and 
priorities for programs of agricultural research, extension, and 
teaching; 
(6) report (as a part of the Department of Agriculture's 
annual budget submissions) to the House Committee on Agricul-
ture, the House Committee on Appropriations, the Senate Com-
mittee on Agriculture, Nutrition, and Forestry, and the Senate 
Committee on Appropriations actions taken to support the 
recommendations of the Advisory Board; 
(7) establish appropriate review procedures to assure that agri-
cultural research projects are timely and properly reported and 
published and that there is no unnecessary duplication of effort 
or overlapping between agricultural research units; 
(8) establish Federal or cooperative multidisciplinary research 
t^ams on major agricultural research problems with clearly 
defined leadership, budget responsibility, and research programs; 
and 
7 use 3121. 
State-Federal 
agricultural 
programs, 
coordination. 
Report to 
congressional 
committees. 
Research projects 
review 
procedures. 
Multidisciplinary 
research teams, 
establishment. 
91 STAT. 986 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(9) in order to promote the coordination of agricultural 
research of the Department of Agriculture, conduct a continuing 
inventory of ongoing and completed research projects being 
conducted within or funded by the Department. 
FEDERAI. SUBCOMMITTEE ON FOOD AND RENEWABLE RESOURCES 
SEC. 1406. Section 401(h) of the National Science and Technology 
Policy, Organization, and Priorities Act of 1976 (90 Stat. 471; 42 
U.S.C. 6651(h)) is amended by adding at the end thereof the follow-
ing : "Among such standing subcommittees and panels of the Council 
shall be the Subcommittee on Food and Renewable Resources. This 
subcommittee shall review Federal research and development pro-
grams relevant to domestic and world food and fiber production and 
distribution, promote planning and coordination of this research in 
the Federal Government, and recommend policies and other measures 
concerning the food and agricultural sciences for the consideration of 
the Council. The subcommittee shall include, but not be limited to, 
representatives of each of the following departments or agencies; 
the Department of Agriculture, the Department of State, the Depart-
ment of Defense, the Department of the Interior, the Department of 
Health, Education, and Welfare, the National Oceanic and Atmos-
pheric Administration, the Energy Research and Development Admin-
istration, the National Science Foundation, the Environmental 
Protection Agency, and the Tennessee Valley Authority. The prin-
cipal representatives of the Department of Agriculture shall serve as 
the chairman of the subcommittee." 
Establishment. 
7 use 3122. 
Membership. 
Responsibilities. 
JOINT COUNCIL ON FOOD AND AGRICULTURAL SCIENCES 
SEC. 1407. (a) The Secretary shall establish within the Department 
of Agriculture a committee to be known as the Joint Council on Food 
and Agricultural Sciences which shall have a term of five years. 
(b) The Joint Council shall be composed of representatives from 
the Department of Agriculture and those of its agencies with sig-
nificant research and extension responsibilites, the Office of Science 
and Technology Policy, the land-grant colleges and universities. State 
agricultural experiment stations. State cooperative extension services, 
and those colleges and universities, other public and private institu-
tions, producers, and representatives of the public who are interested 
in and have a potential to contribute, as determined by the Secretary, 
to the formulation of national policy in the food and agricultural 
sciences. The Joint Council shall be jointly chaired by the Assistant 
Secretary of Agriculture responsible for research, extension, and 
teaching, and a person to be elected from among the non-Federal 
membership of the Joint Council. 
(c) The Joint Council shall meet at least once during each three-
month period. At least one meeting each year shall be a combined 
meeting with the Advisory Board. 
(d) (1) The primary responsibility of the Joint Council shall be 
to foster coordination of the agricultural research, extension, and 
teaching activities of the Federal Government, the States, colleges and 
universities, and other public and private institutions and persons 
involved in the food and agricultural sciences. 
(2) The Joint Council's responsibilities shall also be to— 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 987 
(A) provide a forum for the interchange of information among 
the organizations represented by the members of the Joint Coun-
cil that will assure improved awareness among these organizations 
concerning the agricultural research, extension, and teaching pro-
grams, results, and directions of each organization; 
(B) analyze and evaluate the economic, environmental, and 
social impacts of agricultural research, extension, and teaching 
programs conducted in the United States and determine high 
priority agricultural research areas, and submit annual reports 
identifying such high priority research areas to the Secretary; 
(C) develop and review the effectiveness of a system, for use 
by the Secretary, of compiling, maintaining, and disseminating 
information about each federally supported agricultural research 
or extension project and, to the maximum extent possible, 
information about private agricultural research and extension 
projects conducted by colleges and universities, foundations, con-
tract research groups, businesses, and others. Information about 
private agricultural research and extension projects shall not 
be included in this system unless they are partially or entirely 
funded by the Federal Government or the organizations sponsor-
ing the projects agree to the inclusion of information about such 
projects; 
(D) assist the parties in developing, reviewing, and evaluat-
ing memoranda of understanding or other documents that detail 
the terms and conditions between the Secretary and the par-
ticipants in agricultural research, extension, and teaching pro-
grams under this Act and other Acts; 
(E) assist the Secretary in carrying out the responsibilities 
assigned to the Secretary under this title throu^ planning and 
coordination efforts in the food and agricultural sciences that 
utilize an effective system of regional and national planning, and 
by the development of recommendations and reports describing 
current and long-range needs, priorities, and goals in the food 
and agricultural sciences and means to achieve these goals; 
(F) develop, and review the effectiveness of, guidelines for use 
by the Secretary in making competitive grants under sec-
tion 2(b) of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 
450i), as amended by section 1414 of this title; and 
(G) prepare and submit to the Secretary, not later than 
December 31 of each year, a statement of recommendations 
which shall include— 
(i) the Joint Council's recommendations as to unified 
national, regional, or interstate agricultural research, exten-
sion, or teaching programs to be implemented during the 
following fiscal year, delineating suggested areas of respon-
sibility for Federal and State agencies in carrying out such 
programs, and the overall planning, evaluation, coordination, 
and support necessary for such programs, and 
(ii) a summary of agricultural research, extension, and 
teaching achievements made during, and the status of ongo-
ing projects as of the end of, the prior fiscal year, with respect 
to the programs conducted W the organizations represented 
hj the members of the Joint Cfouncil. 
Minority views, if timely submitted, shall be included in the 
submission. The Secretary shall submit copies of the statement 
to the Subcommittee on Food and Renewable Resources of the 
Federal Coordinating Council for Science, Engineering, and 
Technology, and the Advisory Board. 
Grants, 
development and 
review of 
guidelines. 
Report to 
Secretary of 
Agriculture. 
91 STAT. 988 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Establishment. 
7 use 3123. 
Membership. 
Chairman; vice-
chairman. 
Panels. 
Responsibilities. 
NATIONAL AGRICULTURAL RESEARCH AND EXTENSION USERS ADVISORY 
BOARD 
SEC. 1408. (a) The Secretary shall establish within the Department 
of Agriculture a board to be known as the National Agricultural 
Research and Extension Users Advisory Board which shall have a 
term of five years. 
(b) The Advisory Board shall be composed of the following 
twenty-one members to be appointed by the Secretary— 
(1) four members representing producers of agricultural com-
modities, forest products, and aquacultural products, 
(2) four members representing consumer interests, 
(3) two members representing farm suppliers and food and 
fiber processors, 
(4) two members representing food marketing interests, 
(5) two members representing environmental interests, 
(6) one member engaged in rural development work, 
(7) two members engaged in human nutrition work, 
(8) one member representing animal health interests, 
(9) one member engaged in transportation of food and agri-
cultural products to domestic or foreign markets, 
(10) one member representing labor organizations primarily 
concerned with the production, processing, distribution, or trans-
portation of food and agricultural products, and 
(11) one member representing private sector organizations 
involved in development programs and issues in developing 
countries. 
(c) The Advisory Board shall select a chairman and vice-chairman 
from its membership, at its first meeting each year, who shall serve 
in those positions for a term of one year. 
(d) The Advisory Board ^hall meet at least once during each four-
month period. At least one meeting each year shall be a combined 
meeting with the Joint Council. 
(e) The Advisory Board is authorized to establish such panels as 
it deems appropriate to develop information, reports, advice, and 
recommendations for the use of the Advisory Board in meeting its 
responsibilities. Members of such panels may include members of the 
Advisory Board, Advisory Board staff members, individuals from 
the Department of Agriculture and other departments and agencies 
of the Federal Government, and individuals from the private sector 
who have expertise in the subject to be examined by the panel. 
(f) (1) The Advisory Board shall have general responsibilitv for 
preparing independent advisory opinions on the food and agricultural 
sciences. 
(2) The Advisory Board shall have the specific responsibilities 
for— 
(A) reviewing the policies, plans, and goals of programs within 
the Department of Agriculture involving the food and afirricul-
tural sciences, and related programs in other Federal and State 
departments and agencies and in the colleges and universities 
developed by the Secretary under this title; 
(B) reviewina: and assessing the extent of agricultural research 
f>'irl extension being conducted by private foundations and busi-
nesses, and the relationshios of such research and extension to 
federally supported agricultural research and extension; 
(C) reviewing and providing consultation to the Secretary on 
nationail policies, priorities, and strategies for agricultural 
research and extension for both the short and long term; 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 989 
(D) assessing the overall adequacy of, and making recom-
mendations to the Secretary with regard to, the distribution of 
resources and the allocation of funds authorized by this title; 
(E) preparing and submitting to the Secretary, not later than 
October 31 of each year, a statement of recommendations as to 
allocations of responsibilities and levels of funding among fed-
erally supported agricultural research and extension programs, 
which shall include a review and an assessment of the alloca-
tion of funds for agricultural research and extension made for 
the preceding fiscal year by the organizations represented on the 
Joint Council. Minority views, if timely submitted, shall be 
included in the submission. The Secretary shall submit copies of 
the statement to the Subcommittee on Food and Renewable 
Resources of the Federal Coordinating Council for Science, Engi-
neering, and Technology, and the Joint Council; and 
(F) not later than March 1 of each year submitting a report 
on its appraisal of the President's proposed budget for the food 
and agricultural sciences for the fiscal year beginning in such 
year and the recommendations of the Secretary contained in the 
annual report submitted by the Secretary pursuant to the provi-
sions of section 1410 of this title. Such report shall be submitted 
to the President, the House Committee on Agriculture, the House 
Committee on Appropriations, the Senate Committee on Agricul-
ture, Nutrition, and Forestry, and the Senate Committee on 
Appropriations. The report may include the separate views of 
members of the Advisory Board. The first report shall be due not 
later than March 1,1979. 
Report to 
Secretary of 
Agriculture. 
Report to 
President and 
congressional 
committees. 
EXISTING RESEARCH PROGRAMS 
SEC. 1409. It is the intent of Congress in enacting this title to 7 USC 3124. 
augment, coordinate, and supplement the planning, initiation, and 
conduct of agricultural research programs existing prior to the enact-
ment of this title, except that it is not the intent of Congress in 
enacting this title to limit the authority of the 'Secretary of Health, 
Education, and Welfare under any Act which the Secretary of Health, 
" 
Education, and Welfare administers. 
SECRETARY'S REPORT 
SEC. 1410. The Secretary shall submit to the President and Con-
gress by February 1 of each year a report on the Nation's agricultural 
research, extension, and teaching activities, and such report shall 
include— 
(1) a review covering the following three categories of activi-
ties of the Department of Agriculture with respect to agricultural 
research, extension, and teaching activities and the relationship 
of these activities to similar activities of other departments and 
agencies of the Federal Government, the States, colleges and 
universities, and the private sector— 
(A) a current inventory of such activities organized by 
statutory authorization and budget outlay; 
(B) a current inventorv of such activities organized by 
. field of basic and applied science; and 
(C) a current inventory of such activities organized by 
commodity and product category; 
Report to 
President and 
Congress. 
7 USC 3125. 
91 STAT. 990 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(2) the statements of recommendations of the Joint Council 
developed pursuant to the provisions of section 1407(d) (2) (G) 
of this title and the statement of recommendations of the Advisory 
Board developed pursuant to the provisions of section 1408(f) 
(2)(E) of this title; and 
(3) in the second and succeeding years, a five-year projection 
of national priorities with respect to agricultural research, exten-
sion, and teaching, taking into account both domestic and inter-
national needs. 
LIBRARIES AND INFORMATION NETWORK 
7 use 3126. 
SEC. 1411. (a) It is hereby declared to be the policy of Congress 
that— 
(1) cooperation and cooordination among, and the more effec-
tive utilization of, disparate agricultural libraries and informa-
tion units be facilitated; 
(2) information and library needs related to agricultural 
research and education be effectively planned for, coordinated, 
and evaluated; 
(3) a structure for the coordination of the agricultural libraries 
of colleges and universities. Department of Agriculture libraries, 
and their closely allied information gathering and disseminating 
units be established in close conjunction with private industry 
and other research libraries; 
(4) effective access by all colleges and universities and Depart-
ment of Agriculture personnel to literature and information 
regarding the food and agricultural sciences be provided; and 
(5) programs for training in information utilization with 
respect to the food and agricultural sciences, including research 
grants for librarians, information scientists, and agricultural 
scientists be established or strengthened. 
Food and 
(b) There is hereby established within the National Agricultural 
Nutrition 
Library of the Department of Agriculture a Food and Nutrition 
Information and 
Information and Education Resources Center. Such Center shall be 
Education 
responsible for— 
esou^rces 
^.j^^ assembling and collecting food and nutrition education 
Establishment. 
materials, including the results of nutrition research, training 
methods, procedures, and other materials related to the purpose 
of this title; 
(2) maintaining such information and materials in a library; 
and 
(3) providing for the dissemination of such information and 
materials on a regular basis to State educational agencies and 
other interested persons. 
Appropriation 
(c) Funds are hereby authorized to be appropriated annually in 
authorization. 
gu(>]^ amounts as Congress may determine necessary to support the 
Contract 
purposes of this section. The Secretary is authorized to carry out this 
authority. 
section with existing facilities through the use of grants, contracts, or 
such other means as the Secretary deems appropriate and to require 
matching of funds. No funds appropriated to support the purposes 
of this section shall be used to purchase additional equipment unless 
specifically authorized by law subsequent to the date of enactment of 
this title. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 991 
SUPPORT FOR THE JOINT COUNCIL AND ADVISORY BOARD 
SEC. 1412. (a) To assist the Joint Council and Advisory Board in 
7 USC 3127. 
the performance of their duties, the Secretary is authorized to 
appoint— 
(1) not to exceed five full-time professional staff employees 
qualified in the food and agricultural sciences, and 
(2) an executive director for such staff who shall perform 
such duties as the chairmen of the Joint Council and the chairman 
of the Advisory Board may direct, and who shall receive compen-
sation at a rate not in excess of the rate for GS-18 in the General 
Schedule set out in section 5332 of title 5 of the United States 
Code. 
(b) The Secretary shall provide such additional clerical assistance 
and staflf personnel as may be required to assist the Joint Council and 
Advisory Board in carrying out their duties. 
(c) In formulating their recommendations to the Secretary, the 
Joint Council and Advisory Board may obtain the assistance of 
Department of Agriculture employees, and, to the maximum extent 
practicable, the assistance of employees of other Federal departments 
and agencies conducting related programs of agricultural research, 
extension, and teaching and of appropriate representatives of colleges 
and universities, including State agricultural experiment stations, 
cooperative extension services, and other non-Federal organizations 
conducting significant programs in the food and agricultural sciences. 
GENERAL PROVISIONS 
Vacancies. 
7 USC 3128. 
SEC. 1413. (a) Any vacancy in the Joint Council or the Advisory 
Board shall not affect their powers under this title and shall be filled 
in the same manner as the original position. 
(b) Members of the Joint Council and Advisory Board shall serve Travel expenses, 
without compensation, if not otherwise officers or employees of the 
Unit«d States, except that they 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 sub-
sistence, in the same manner as persons employed intermittently in the 
Government service are allowed expenses under sections 5701 through 
5707 of title 5 of the United States Code. 
Subtitle C—Agricultural Kesearch and Education Grants and 
Fellowships 
PROGRAM OF COMPETITIVE, SPECIAL, AND FACILITIES GRANTS FOR 
AGRICULTURAL RESEARCH 
SEC 1414. Section 2 of the Act of August 4, 1965 (79 Stat. 431; 7 
U.S.C. 450i), is amended to read as follows: 
"SEC 2. (a) In order to promote research in food, agriculture, and 
related areas, a research grants program is hereby established in the 
Department of Agriculture. 
"(b) The Secretary of Agriculture is authorized to make competitive Grants, 
grants, for periods not to exceied fivie years, to State agricultural 
experiment stations, all colleges and universities, other research 
institutions and organizations. Federal agencies, private organizations 
or corporations, and individuals, for research to further the programs 
of the Department of Agriculture. To the greatest extent possible the 
Secretary shall allocatti these grants to high priority research taking 
2-9-19H 0 
91 STAT. 992 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Appropriation 
authorization. 
Food and 
agricultural 
research grants. 
Annual grants. 
Deferred grants. 
into consideration, when available, the determinations made by the 
Joint Council on Food and Agricultural Sciences identifying high 
priority research areas. In seeking research proposals and in perform-
ing peer review evaluations of such proposals under this subsection, 
the Secretary shall seek the widest participation of qualified scientists 
in the Federal Government, all colleges and universities, State agricul-
tural experiment stations, and the private sector. The research grants 
shall be made without vregard to matching funds by the recipient or 
recipients of such grants. There are hereby authorized to be appro-
priated for the purpose of carrying out the provisions of this subsec-
tion, $25,000,000 for the fiscal vear ending September 30, 1978, 
$30,000,000 for the fiscal year ending September 30, 1979, $35,000,000 
for the fiscal year ending September 30,1980, $40,000,000 for the fiscal 
year ending September 30, 1981, and $50,000,000 for the fiscal year 
ending September 30,1982, and not in excess of such sums as may after 
the date of enactment of the Food and Agriculture Act of 1977 be 
authorized by law for any subsequent fiscal year. 
"(c) The Secretary of Agriculture is authorized to make grants, for 
periods not to exceed five years in duration— 
"(1) to land-grant colleges and universities, State agricultural 
experiment stations, and to all colleges and universities having a 
demonstrable capacity in food and agricultural research, as de-
termined by the Secretary, to carry out research to facilitate or 
expand promising breakthroughs in areas of the food and agricul-
tural sciences of importance to the Nation; and 
"(2) to land-grant colleges and universities and State agricul-
tural experiment stations, to facilitate or expand on-going State-
Federal food and agricultural research programs that (A) 
promote excellence in research, (B) promote the development of 
regional research centers, or (C) promote the research partner-
ship between the Department of Agriculture and such colleges 
and universities or State agricultural experiment stations. 
These grants shall be made without regard to matching funds. 
"(d) The Secretary of Agriculture shall make annual grants to 
support the purchase of equipment, supplies, and land, and the con-
struction, alteration, or renovation of buildings, necessary for the 
conduct of food and agricultural research, to— 
"(1) each State agricultural experiment station in an amount 
of $100,000 or an amount which is equal to 10 per centum of the 
funds received by such station under the Act of March 2, 1887 
(24 Stat. 440^M:2, as amended; 7 U.S.C. 361a-361i), and the Act 
of October 10,1962 (76 Stat. 806-807, as amended; 16 U.S.C. 582a, 
582a-l—582a-7), whichever is greater: Provided^ That of any 
amount in excess of $50,000 made available under this paragraph 
during any year for allotment to a State agricultural experiment 
station, no payment thereof shall be made in excess of the amount 
which the station makes available during that year for the pur-t 
poses for which grants under this paragraph are made available; 
and 
"(2) each accredited college of veterinary medicine and State 
agricultural experiment station which receives funds from the 
Federal Government for animal health research, in an amount 
which is equal to 10 per centum of the animal health research funds 
received by such college or experiment station from the Federal 
Government during the previous fiscal year. 
Any college or State agricultural experiment station eligible for annual 
grants under this subsection may elect to defer the receipt of an 
annual grant for any fiscal year for up to five years: Provided, That 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 993 
the total amounts deferred may not exceed $1,000,000. Application may 
be made for receipt of deferred grants at any time during the five 
years, subject to the matching funds requirement of this subsection 
and the availability of appropriations under this subsection. 
"(e) Each recipient of assistance under this section shall keep such Recordkeeping, 
records as the Secretary of Agriculture shall, by regulation, prescribe, 
including records which fully disclose the amount and disposition by 
such recipient of the proceeds of such grants, the total cost of the 
project or undertaking in connection with which such funds are given 
or used, and the amount of that portion of the costs of the project or 
undertaking supplied by other sources, and such other records as will 
facilitate an effective audit. The Secretary of Agriculture and the Audit. 
Comptroller General of the United States or any of their duly author-
ized representatives shall have access for the purpose of audit and 
examination to any books, documents, papers, and records of the 
recipients that are pertinent to the grants received under this section. 
"(f) The Secretary of Agriculture shall limit allowable overhead 
costs, with respect to grants awarded under this section, to those nec-
essary to carry out the purposes of the grants. 
"(g) Except as otherwise provided in subsection (b) of this section, 
there are hereby authorized to be appropriated such sums as are nec-
essary to carry out the provisions of this section. 
"(h) The Secretary of Agriculture is authorized to issue such 
rules and regulations as the Secretary deems necessary to carry out 
the provisions of this section.". 
Appropriation 
authorization. 
Rules and 
regulations. 
GRANTS TO ESTABLISH OR EXPAND SCHOOLS OF VETERINARY 
MEDICINE 
SEC. 1415. (a) The Secretary shall conduct a program of grants to 7 U
S
C 3151. 
States for the purpose of meeting the costs of construction, employ-
ing faculty, acquiring equipment, and taking other action relating to 
the initial establishment and initial operation of schools of veterinary 
medicine, or the expansion of existing schools of veterinary medicine, 
as determned by the Secretary by regulations. This grant program 
shall be based on a matching formula of 50 per centum Federal and 
50 per centum State funding. 
(b) Except with respect to the States of Alaska and Hawaii, the Grant preference 
Secretary shall give preference in awarding grants to States which 
file, with their application for funds under this section, assurances 
satisfactory to the Secretary that— 
(1) the State has established, or has made a reasonable effort 
* 
to establish, a veterinary medical training program with one or 
more States without colleges of veterinary medicine which con-
sists of appropriate cooperative agreements providing for a 
sharing of curriculum and costs by the individual States; and 
(2) the clinical training of the school to be established or 
expanded shall emphasize care and preventive medical programs 
for food-producing animals. 
Notwithstanding clause (1) of this subsection, no State which the 
Secretary determines has made a reasonable effort to establish appro-
priate cooperative agreements shall be denied a grant or otherwise 
prejudiced because of its failure to establish such cooperative 
: ' 
agreements. 
(c) Funds appropriated to carry out this section for any fiseal^ear Funds, 
shall be apportioned and distributed as follows: 
apportionment. 
(1) Four per centum shall be retained by the Department of 
Agriculture for administration, program assistance to eligible 
States, and program coordination. 
91 STAT. 994 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(2) The remainder Shall be apportioned and distributed by 
the Secretary to those States which have applied for funds under 
this section on such basis as the Secretary may deem appropriate: 
Provided, That not less than 50 per centum of such funds shall 
be made available to States which have accredited schools of 
veterinary medicine. 
"Eligible 
institution." 
7 use 390b. 
Appropriation 
authorizations. 
7 u s e 390c. 
Funds, 
apportionment. 
Post, p. 1018. 
16 u s e 582a-2. 
7 use 
321-326a, 
328. 
AMENDMENTS TO THE RESEARCH FACILITIES ACT OF 19 63 
SEC. 1416. The Act of July 22, 1963 (77 Stat. 90-92, as amended; 
7 U.S.C. 390,390a-390k), is amended by— 
(1) amending paragraph (2) of section 3 to read as follows: 
"(2) the term 'eligible institution' means a department estab-
lished under provisions of the Act of March 2, 1887 (24 Stat. 
440-442, as amended; 7 U.S.C. 361a-361i), and under the direc-
tion of a college or university established in any State in 
accordance with the Act of July 2, 1862 (12 Stat. 503-505, as 
amended; 7 U.S.C. 301-305, 307'and 308), a department other-
wise established pursuant to standards prescribed by any State 
the purpose of which is to conduct agricultural research, the 
Connecticut Agricultural Experiment Station at New Haven, 
Connecticut, the Ohio Agricultural Experiment Station at 
Wooster, Ohio, and those colleges, universities, and other legal 
entities in each State now receiving, or which may hereafter 
receive, benefits under the Act of August 30, 1890 (26 Stat. 417-
419, as amended; 7 U.S.C. 321-326 and 328), including the 
Tuskegee Institute, or the Act of October 10, 1962 (76 Stat. 
806-807, as amended; 16 U.S.C. 582a-582a^l-582a-7); and"; 
(2) striking out sections 4 through 12 and inserting in lieu 
thereof the following new sections: 
"SEC. 4. (a) There are hereby authorized to be appropriated for 
allocation to eligible institutions under this Act to be used for the 
purpose set out in section 2 of this Act, $15,000,000 for the fiscal year 
ending September 30, 1978, $19,000,000 for the fiscal year ending 
September 30, 1979, $23,000,000 for the fiscal year ending Septem-
ber 30, 1980, $27,000,000 for the fiscal year ending September 30,1981, 
and $31,000,000 for the fiscal year ending September 30,1982, and not 
in excess of such sums as may after the date of enactment of the Food 
and Agriculture Act of 1977 be authorized by law for any subsequent 
fiscal year. 
" (b) (1) The first $4,000,000 appropriated for research facilities pur-
suant to this section for any fiscal year shall be apportioned equally 
among eligible institutions. 
"(2) Any amount in excess of $4,000,000 appropriated under this 
section for any fiscal year shall be apportioned as follows: Each eli-
gible institution shall be entitled to an amount which bears the same 
ratio to the total amount of funds being allocated in such fiscal year 
under this paragraph as the amount received by such institution in the 
preceding fiscal year bears to the total amount received by all eligible 
institutions in such preceding fiscal year. The amount received by 
eligible institutions in the preceding fiscal year shall be determined on 
the basis of funds received under section 3 of the Act of March 2,1887, 
section 3 of the Act of October 10, 1962, and—with respect to institu-
tions receiving benefits under the Act of August 30, 1890, including 
Tuskegee Institute—on the basis of funds received under section 2 of 
the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i), during the 
fiscal years ending September 30, 1977, and September 30, 1978, and 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 995 
on the basis of funds received under section 1445 of the Food and 
Agriculture Act of 1977 in subsequent years. 
"(c) It shall be the duty and responsibility of the Secretary to 
administer the provisions of this Act under such rules and regulations 
as the Secretary may prescribe as necessary therefor. 
"SEC. 5. As a condition for receiving funds apportioned under section 
4 of this Act, each eligible institution shall submit, in such form as the 
Secretary may require, specific proposals for planning, acquisition, 
construction, repair, rehabilitation, renovation, or remodeling of build-
ings, laboratories, and other capital facilities including the acquisition 
of fixtures and equipment, including scientific instrumentation, which 
are to become part of such buildings. In a State having more than one 
eligible institution the Secretary shall devise procedures to insure that 
the facility proposals of the eligible institutions in such State provide 
for a coordinated food and agricultural research program among eli-
gible institutions in such State. 
"SEC. 6. Any unused portion of the allotment to any eligible institu-
tion for any fiscal year shall remain available at the option of such 
institution for payment to such institution for a period of not more 
than five fiscal years following the fiscal year in which such allotment 
is first made available. 
"SEC. 7. With respect to multiple-purpose physical facilities, the 
segment or portion thereof which is to be utilized for food and agri-
cultural research shall be the basis for determination of fund support 
under this Act. 
"SEC. 8. For each fiscal year that funds are made available for allo-
cation the Secretary shall ascertain, at the earliest practicable date 
during such year, the amount of the allocation to which each eligible 
institution is entitled and shall notify each such institution in writing 
promptly thereafter as to the amount of such allocation. 
"SEC. 9. (a) Any eligible institution authorized to receive payments 
under the provisions of section 4 of this Act shall have a chief adminis-
trative officer and a duly designated fiscal officer, who shall be the per-
sons responsible for receipt of payments under the Acts referred to in 
section 4(b) of this Act, to whom payments can be directed by the 
Secretary. Such fiscal officer shall receive and account for all funds 
paid to such institution pursuant to the provisions of this Act, and 
shall submit a report, approved by the chief administrative officer of 
such institution, to the Secretary on or before the first day of Decem-
ber of each year. Such report shall contain a detailed statement of 
the amount received under the provisions of this Act during the pre-
ceding fiscal year, and of its disbursements on schedules prescribed by 
the Secretary. 
"(b) If any portion of the allotted funds received by the duly 
authorized fiscal officer of any eligible institution shall by any action 
or contingency be diminished, lost, or misapplied, it shall be repaid 
by the institution concerned, and until repaid no part of any subse-
quent appropriation shall be allocated or paid to such institution. 
"SEC. 10. The Secretary shall make an annual report to Congress 
during the first regular session of each year with respect to (1) pay-
ments made under this Act, (2) the facilities, by institution, for which 
such payments were made, and (3) whether any portion of the appro-
priation available for allotment to any of the eligible institutions has 
been withheld and, if so, the reasons therefor. 
"SEC. 11. Three per centum of funds appropriated under this Act 
shall be available to the Secretary for administration of this Act."; 
and 
Rules and regula-
tions. 
Planning 
proposals. 
7 u s e 390d. 
Ante, p. 994. 
7 u s e 390e. 
Multiple-purpose 
physical 
facilities. 
7 u s e 390f. 
Funds, 
apportionment. 
7 u s e 390g. 
Chief 
administrative 
officer and fiscal 
officer. 
7 u s e 390h. 
Report to 
Secretary of 
Agriculture. 
Lost or 
misapplied 
funds. 
Report to 
eongress. 
7 u s e 390i. 
7 u s e 390j. 
91 STAT. 996 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 use 3152. 
Graduate and 
postdoctoral 
research and 
training grants. 
Undergraduate 
program grants. 
7 use 390,390a. 
(3) striking out "the State agricultural experiment stations" 
eaeh. time it occurs in the title, section 1, and section 2 and insert-
:,; 
ing in lieu thereof "eli^ble institutions", and striking out "on a 
matching basis," in section 1. 
GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES 
EDUCATION 
SEC. 1417. (a) The Secretary shall conduct a program of competitive 
grants for all colleges and universities for the purpose of furthering 
education in the food and agricultural sciences. These grants shall be 
made in the following two categories: 
\\y -Grants to strengthen programs of training and research in 
the food and agricultural sciences for scientists at the graduate 
and postdoctoral levels at all colleges and universities. Grants in 
this category may be used for exploratory research by such scien-
-tists, the acquisition of instruments, equipment, and facilities for 
research and training and other programs and activities aimed 
at meeting departmental, interdepartmental, or institutionwide 
training and research needs, or a combination thereof. Grants 
shall be made on a competitive basis and may cover periods not to 
exceed four years. Competition for such grants shall be open to all 
colleges and universities in the United States which have a capac-
ity for teaching, research, and the dissemination of research 
results in the food and agricultural sciences or which are estab-
lishing such programs. 
(2) Grants to strengthen undergraduate programs in the food 
and agricultural sciences at all colleges and universities. Grants 
in this category may be used to support programs designed to 
improve such undergraduate programs through traditional or 
non-traditional courses, curriculums, or teaching modes. Grants 
shall be made on a competitive basis and may cover periods not to 
exceed two years. Competition for such grants shall be open to all 
colleges and universities or to groups of such institutions which 
individually or collectively have a capacity for teaching, research, 
and the dissemination of research results in the food and agricul-
tural sciences or which are establishing such programs, 
(b) The Secretary shall conduct a program of predoctoral and post-
doctoral fellowships in the food and agricultural sciences. These 
fellowships shall be made in the following two categories: 
(1) Predoctoral fellowships, each for a period of up to four years. 
The purpose of these fellowships shall be to provide training and 
increase research capabilities in areas of need as identified by each 
State. These fellowships shall be awarded on the basis of merit, as 
determined by review panels established annually by the Secretary, 
to graduate students from each of the States, if the following criteria 
are satisfied: 
(A) the student is enrolled in a graduate degree program in a 
college or university; and 
(B) the student intends to pursue or is pursuing a course of 
study in the food and agricultural sciences which is directly 
related to an area of need as identified by the Governor or chief 
executive officer of the State. 
At least three such fellowships shall be awarded to students from each 
State in every year. 
(2) Postdoctoral fellowships, each for a period of from one to five 
years. The purpose of these fellowships shall be to attract highly 
Predoctoral and 
postdoctoral 
fellowships. 
Fellowship 
review panels. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 997 
promising investigatoi-s to research careers in the basic sciences related 
to agriculture and to provide stipends and research support for their 
training and establishment as independent investigators. In making 
awards under this paragraph, the Secretary shall give priority to 
individuals doing basic research at colleges and universities. 
(c) Funds authorized in section 22 of the Act of June 29, 1935 (49 Funds, transfer. 
Stat. 439, as amended; 7 U.S.C. 329), are transferred to and shall be 
administered by the Secretary of Agriculture. 
(d) There are hereby authorized to be appropriated for the pur-
poses of carrying out the provisions of this section $25,000,000 for the 
fiscal year ending September 30, 1978, $30,000,000 for the fiscal year 
ending September 30, 1979, $35,000,000 for the fiscal year ending 
September 30, 1980, $40,000,000 for the fiscal year ending September 
30,1981, and $50,000,000 for the fiscal year ending September 30,1982, 
and not in excess of such sums as may after the date of enactment 
of this title be authorized by law for any subsequent fiscal year. 
Appropriation 
authorization. 
NATIONAL AGRICULTURAL, RESEARCH AWARD 
SEC. 1418. (a) The Secretary shall establish the National Agricul-
tural Research Award for research or advanced studies in the food 
and agricultural sciences. Two such awards, one for each of the cate-
gories described in subsection (c) of this section, shall be made in 
each fiscal year. 
(b) The awards shall not exceed $50,000 per year for a period of 
not to exceed three years to support research or study by the 
recipient. 
(c) Awards under this section shall be made in each fiscal year in 
two categories as follows: 
(1) to a scientist in recognition of outstanding contributions 
to the advancement of the food and agricultural sciences; and 
(2) to a research scientist in early career development or a grad-
uate student, in recognition of demonstrated capability and prom-
ise of significant future achievement in the food and agricultural 
sciences. 
(d) The Secretary may establish such nominating and selection 
committees, to consist of scientists and others, to receive nominations 
and make recommendations for awards under this section, as the 
Secretary deems appropriate. 
Establishment. 
7 use 3153. 
Nominating and 
selection 
committees. 
GRANTS FOR RESEARCH ON THE PRODUCTION AND MARKETING OF ALCO-
HOLS AND INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL COMMODI-
TIES AND FOREST PRODUCTS, AND AGRICULTURAL CHEMICALS AND OTHER 
PRODUCTS FROM COAL DERIVATIVES 
SEC. 1419. The Secretary shall make grants under this section to 7 U
S
C 3154. 
colleges and universities for the purpose of conducting research 
related to the production and marketing of (1) coal tar, producer gas, 
and other coal derivatives for the manufacture of agricultural chemi-
cals, methanol, methyl fuel, and alcohol-blended motor fuel (such 
agricultural chemicals to include, but not be limited to, fertilizers, 
herbicides, insecticides, and pesticides), (2) alcohol made from agri-
cultural commodities and forest products as a substitute for alcohol 
made from petroleum products, and (3) other industrial hydrocarbons 
made from agricultural commodities and forest products. There are Appropriation 
hereby authorized to be appropriated for the purposes of carrying out authorization. 
91 STAT. 998 
PUBLIC LAW 95-113—SEPT. 29, 1977 
the provision of this section, $3,000,000 for the fiscal year ending Sep-
tember 30, 1978, and such sums as may be necessary for the four 
subsequent fiscal years ending September 30,1979, September 30,1980, 
September 30,1981, and September 30,1982: Provided, That the total 
amount of such appropriations shall not exceed $24,000,000 during the 
five-year period beginning October 1, 1977, and ending September 30, 
1982, and not in excess of such sums as may after the date of enact-
ment of this title be authorized by law for any subsequent fiscal year: 
Provided further, That not more than a total of $3,000,000 may be 
awarded to the colleges and universities of any one State. 
PILOT PROJECTS FOR THE PRODUCTION AND MARKETING OF INDUSTRIAL 
HYDROCARBONS AND ALCOHOLS FROM AGRICULTURAL COMMODITIES AND 
FOREST PRODUCTS 
7 use 2669. 
SEC 1420. Title V of the Rural Development Act of 1972 (86 Stat. 
671-674, as amended; 7 U.S.C. 2661-2668) is amended by adding at 
the end thereof a new section as follows: 
"SEC. 509. (a) The Secretary is authorized and directed to formu-
late and carry out a pilot program for the production and marketing 
of industrial hydrocarbons derived from agricultural commodities and 
forest products for the purpose of stabilizing and expanding the 
market for such commodities and products and expanding the Nation's 
supply of industrial hydrocarbons. 
Guaranteed 
"(b) The Secretary shall provide for four pilot projects for the 
loans. 
production of industrial hydrocarbons and alcohols from agricultural 
commodities and forest products by guaranteeing loans, not to exceed 
$15,000,000 per each such project, to public, private, or cooperative 
organizations organized for profit or nonprofit, or to individuals for 
a term not to exceed twenty years at a rate of interest agreed upon 
by the borrower and lender. 
"(c) No loan may be guaranteed under this section unless (1) 
research indicates the total energy content of the products and byprod-
ucts to be manufactured by the loan applicant will exceed the total 
energy input from fossil fuels used in the manufacture of such prod-
ucts and byproducts, and (2) such other conditions as the Secretary-
deems appropriate to achieve the purposes of this section are met. 
Contract 
"(d) In order to assure that the recipients of loans made under this 
authority. 
section have a dependable supply of agricultural commodities at a 
stable price for use in the pilot projects provided for in this section, 
the Secretary is authorized to enter into long-term contracts, not 
exceeding five years, with the recipients of such loans. Such contracts 
shall guarantee the recipients of such loans a specified quantity of 
agricultural commodities annually at mutually agreed upon prices, but 
the agricultural commodities shall not be sold under any such contracts 
at less than the price support level prescribed for the commodity con-
cerned unless the commodities are out of condition, unstorable, or 
sample-grade or lower, as prescribed in Department of Agriculture 
standards. 
"(e) The Secretary shall supply from Commodity Credit Corpora-
tion stocks or, to such extent or in such amounts as are provided in 
appropriation Acts, purchase such quantities of agricultural com-
modities as may be necessary to comply with the terms of agreements 
entered into under this section. 
"(f) The provisions of this section shall be carried out through the 
Commodity Credit Corporation.". 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 999 
Subtitle D—National Food and Human Nutrition Research and 
Extension Program 
FINDINGS AND DECLARATIONS 
SEC. 1421. (a) Congress hereby finds that there is increasing evi- 7 U
S
C 3171. 
dence of a relationship between diet and many of the leading causes 
of death in the United States: that improved nutrition is an integral 
component of preventive health care; that there is a serious need for 
research on the chronic effects of diet on degenerative diseases and 
related disorders; that nutrition and health considerations are impor-
tant to United States agricultural policy; that there is insufficient 
knowledge concerning precise human nutritional requirements, the 
interaction of the various nutritional constituents of food, and differ-
ences in nutritional requirements among different population groups 
such as infants, children, adolescents, elderly men and women, and 
pregnant women; and that there is a critical need for objective data 
concerning food safety, the potential of food enrichment, and means 
to encourage better nutritional practices. 
(b) It is hereby declared to be the policy of the United States that 
the Department of Agriculture conduct research in ihe fields of human 
nutrition and the nutritive value of foods and conduct human nutrition 
education activities, as provided in this subtitle. 
DUTIES OF THE SECRETARY OF AGRICULTURE 
SEC. 1422. In order to carry out the policy of this subtitle, the Secre- 7 U
S
C 3172. 
tary shall develop and implement a national food and human nutrition 
research and extension program that shall include, but not be limited 
to— 
(1) research on human nutritional requirements; 
(2) research on the nutrient composition of foods and the effects 
of agricultural practices, handling, food processing, and cooking 
on the nutrients they contain; 
(3) surveillance of the nutritional benefits provided to partici-
pants in the food programs administered by the Department of 
Agriculture; 
(4) research on the factors affecting food preference and habits; 
and 
(5) the development of techniques and equipment to assist 
consumers in the home or in institutions in selecting food that 
, 
supplies a nutritionally adequate diet. 
RESEARCH BY THE DEPARTMENT OF AGRICULTURE 
SEC. 1423. (a) The Secretary shall establish research into food and 7 USC 3173. 
human nutrition as a separate and distinct mission of the Department 
of Agriculture, and the Secretary shall increase support for such 
research to a level that provides resources adequate to meet the policy 
of this subtitle. 
(b) The Secretary, in administering the food and human nutrition 
research program, shall periodically consult with the administrators 
of the other Federal departments and agencies that have responsibility 
,. 
for programs dealing with human food and nutrition, as to the specific 
research needs of those departments and agencies. 
91 STAT. 1000 
PUBLIC LAW 95-113—SEPT. 29, 1977 
STUDY 
Regional food 
and human 
nutrition research 
centers. 
7 use 3174. 
Report to 
Congress. 
SEC. 1424. The Secretary shall perform a study assessing the poten-
tial value and cost of establishing regional food and human nutrition 
research centers in the United States. This assessment shall examine 
the feasibility of using existing Federal facilities in establishing such 
centers. The Secretary shall complete this study and submit a report 
setting forth the findings of the study and recommendations for the 
implementation of these findings, as a part of the plan the Secretary 
is required to submit to Congress pursuant to section 1427 of this title, 
not later than one year after the effective date of this title. 
Establishnient. 
7 use 3175. 
Elementary and 
secondary school 
programs. 
7 u s e 3176. 
7 u s e 3177. 
NUTRITION EDUCATION PROGRAM 
SEC. 1425. (a) The Secretary shall establish a national education 
program which shall include, but not be limited to, the dissemination 
of the results of food and human nutrition research performed or 
funded by the Department of Agriculture. 
(b) In order to enable low-income individuals and families to engage 
in nutritionally sound food purchasing and preparation practices, the 
expanded food and nutrition education program presently conducted 
under section 3(d) of the Act of May 8,1914 (38 Stat, 373, as amended; 
7 TJ.S.C. 343(d)), shall be expanded to provide for the employment 
and training of professional and paraprofessional aides to engage in 
direct nutrition education of low-income families and in other appro-
priate nutrition education programs. Funds for carrying out the pro-
visions of this subsection shall be allocated to each State in an amount 
which bears the same ratio to the total amount to be allocated as the 
population of the State living at or below 125 per centum of the income 
poverty guidelines prescribed by the Office of Management and Budget 
(adjusted pursuant to section 625 of the Economic Opportunity Act 
of 1964 (86 Stat. 697, as amended; 42 U.S.C. 297ld)), bears to the 
total population of all the States living at or below 125 per centum of 
the income poverty guidelines, as determined by the last preceding 
decennial census at the time each such sum is first appropriated. To the 
maximum extent practicable, program aides shall be hired from the 
indigenous target population. The provisions of this subsection shall 
not preclude the Secretary from developing educational materials and 
programs for persons in income ranges above the level designated in 
this subsection. 
NUTRITION EDUCATION MATERIALS 
SEC. 1426. In order to encourage nutrition education programs in 
the classrooms and lunchrooms of elementary and secondary schools, 
the Secretary shall, in consultation with appropriate officers in the 
Department of Health, Education, and Welfare, develop and 
distribute to State departments of education a comprehensive set of 
educational materials on food and nutrition education which shall be 
appropriate for all levels of the elementary and secondary education 
system. 
REPORT TO CONGRESS 
SEC. 1427. The Secretary shall submit a comprehensive plan for 
implementing the national food and human nutrition research and 
extension program provided for by this subtitle to Congress within 
one year after the effective date of this title. The plan shall include, 
but not be limited to, recommendations relating to research direction, 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1001 
funding levels, needed facilities grants, and use of Federal facilities in 
cooperation with States and others, necessary to achieve the policy 
set forth in section 1421 of this title. 
NUTRITIONAL STATUS MONITORING 
SEC. 1428. (a) The Secretary and the Secretary of Health, Educa- Report to 
tion, and Welfare shall formulate and submit to Congress, within Congress, 
ninety days after the date of enactment of this title, a proposal for a 7 USC 3178. 
comprehensive nutritional status monitoring system, to include: 
(1) an assessment system consisting of periodic surveys and 
continuous monitoring to determine: the extent of risk of nutri-
tion-related health problems in the United States; which popula-
tion groups or areas of the country face greatest risk; and the 
likely causes of risk and changes in the above risk factors over 
time; 
(2) a surveillance system to identify remediable nutrition-
related health risks to individuals or for local areas, in such a man-
ner as to tie detection to direct intervention and treatment. Such 
system should draw on screening and other information from 
other health programs, including those funded under titles Y, 
XVIII, and XIX of the Social Security Act and section 330 of the 42 U
S
C 701, 
Public Health Service Act; and 
1395, 1396. 
(3) program evaluations to determine the adequacy, efficiency, 42 USC 254c. 
effectiveness, and side effects of nutrition-related programs m 
reducing health risks to individuals and populations, 
(b) The proposal shall provide for coordination of activities under 
existing authorities and contain recommendations for any additional 
authorities necessary to achieve a comprehensive monitoring system. 
Subtitle E—Animal Health and Disease Research 
i
" 
' ' ' ' • • 
• 
^
-
^
^
^
^
^
^ 
PURPOSE 
SEC. 1429. It is the purpose of this subtitle to promote the general 7 U
S
C 3191. 
welfare through the improved health and productivity of domestic 
livestock, poultry, aquatic animals, and other income-producing ani-
mals which are essential to the Nation's food supply and the welfare 
of producers and consumers of animal products; to improve the health 
of horses; to facilitate the effective treatment of, and, where possible, 
prevent, animal and poultry diseases in both domesticated and wild 
animals which, if not controlled, would be disastrous to the United 
States livestock and poultry industries and endanger the Nation's food 
supply; to minimize livestock and poultry losses due to transportation 
and handling; to protect human health through control of animal 
diseases transmissible to humans; to improve methods of controlling 
the births of predators and other animals; and otherwise to promote 
the general welfare through expanded programs of research and exten-
sion to improve animal health. It is recognized that the total animal 
k af 
health and disease research and extension efforts of the several State 
colleges and universities and of the Federal Government would be 
more effective if there were close coordination between such programs, 
and it is further recognized that colleges and universities having 
accredited colleges of veterinary medicine or departments of veter-
inary sciences or animal pathology, and similar units conducting 
animal health and disease research in the State agricultural 
experiment stations, are especially vital in training research workers 
in animal health. 
91 STAT. 1002 
PUBLIC LAW 95-113—SEPT. 29, 1977 
DEFINITIONS 
7 use 3192. 
SEC. 1430. When used in this subtitle— 
(1) the term "eligible institution" means any college or uni-
versity having an accredited college of veterinary medicine or a 
department of veterinary science or animal pathology, or a similar 
unit conducting animal health and disease research in a State 
agricultural experiment station; 
(2) the term "dean" means the dean of a college or university 
which qualifies as an eligible institution; 
(3) the term "director" means the director of a State agricul-
tural experiment station which qualifies as an eligible institution; 
(4) the term "Board" means the Animal Health Science 
Research Advisory Board; and 
(5) the term "animal health research capacity" means the 
capacity of an eligible institution to conduct animal health and 
disease research, as determined by the Secretary. 
AUTHORIZATION TO THE SECRETARY OF AGRICULTURE 
7 use 3193. 
SEC. 1431. In order to carry out the purpose of this subtitle, the 
Secretary is hereby authorized to cooperate with, encourage, and assist 
the States in carrying out programs of animal health and disease 
research at eligible institutions in the manner hereinafter described in 
this subtitle. 
ANIMAL H E A L T H SCIENCE RESEARCH ADVISORY BOARD 
Establishment; 
SEC. 1432. (a) The Secretary shall establish a board to be known 
membership. 
as the Animal Health Science Research Advisory Board which shall 
7 use 3194. 
have a term of five years, and which shall be composed of the follow-
ing eleven members— 
(1) a representative of the Agricultural Research Service of 
the Department of Agriculture, 
(2) a representative of the Cooperative State Research Service 
of the Depatment of Agriculture, 
(3) a representative of the Animal and Plant Health Inspection 
Service of the Department of Agriculture, 
(4) a representative of the Bureau of Veterinary Medicine of 
the Food and Drug Administration of the Department of Health, 
Education, and Welfare, and 
(5) seven members appointed by the Secretary— 
(A) two persons representing accredited colleges of veter-
inary medicine, 
(B) two persons representing State agricultural experi-
ment stations, and 
(C) three persons representing national livestock and poul-
try organizations. 
Travel expenses. 
The members shall serve without compensation, if not otherwise 
officers or employees of the United States, except that they shall, while 
away from their homes or regular places of business in the perform-
ance of services for the Board, be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
sections 5701 through 5707 of title 5 of the United States Code. 
(b) The Board shall meet at the call of the Secretary, but at least 
once annually, to consult with and advise the Secretary with respect 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1003 
to the implementation of this subtitle and to recommend immediate 
priorities for the conduct of research programs authorized under this 
subtitle, under such rules and procedures for conducting business as 
the Secretary shall, in the Secretary's discretion, prescribe. 
APPROPRIATIONS FOR CONTINUING ANIMAL HEALTH AND DISEASE 
RESEARCH PROGRAMS 
Sec. 1433. (a) There are hereby authorized to be appropriated such 
funds, not to exceed $25,000,000 annually, as Congress may determine 
necessary to support continuing animal health and disease research 
programs at eligible institutions. Funds appropriated under this sec-
tion shall be used: (1) to meet expenses of conducting animal health 
and disease research, publishing and disseminating the results of such 
research, and contrilauting to the retirement of employees subject to 
the provisions of the Act of March 4,1940 (54 Stat. 39-40, as amended; 
7 U.S.C. 331); (2) for administrative planning and direction; and (3) 
to purchase equipment and supplies necessary for conducting such 
research. 
(b) Funds appropriated under subsection (a) of this section for any 
fiscal year shall be apportioned as follows: 
(1) Four per centum shall be retained by the Department of 
Agriculture for administration, program assistance to the eligible 
institutions, and program coordination. 
(2) Forty-eight per centum shall be distributed among the sev-
eral States in the proportion that the value of and income to pro-
ducers from domestic livestock and poultry in each State bears to 
the total value of and income to producers from domestic livestock 
and poultry in all the States. The Secretary shall determine the 
total value of and income from domestic livestock and poultry 
in all the States and the proportionate value of and income from 
domestic livestock and poultry for each State, based on the most 
current inventory of all cattle, sheep, swine, horses, and poultry 
published by the Department of Agriculture. 
(3) Forty-eight per centum shall be distributed among the sev-
eral States in the proportion that the animal health research 
capacity of the eligible institutions in each State bears to the total 
animal health research capacity in all the States. The Secretary 
shall determine the animal health research capacity of the eligible 
institutions with the advice, when available, of the Board. 
(c) In each State with one or more accredited colleges of veterinary 
medicine, the deans of the accredited college or colleges and the direc-
tor of the State agricultural experiment station shall develop a com-
prehensive animal health and disease research program for the 
State based on the animal health research capacity of each eligible 
institution in the State, which shall be submitted to the Secretary for 
approval and shall be used for the allocation of funds available to 
the State under this section. 
(d) When the amount available under this section for allotment to 
any State on the basis of domestic livestock and poultry values and 
income exceeds the amount for which the eligible institution or institu-
tions in the State are eligible on the basis of animal health research 
capacity, the excess may be used, at the discretion of the Secretary, for 
remodeling of facilities, construction of new facilities, or increase in 
staffing, proportionate to the need for added research capacity. 
(e) Whenever a new college of veterinary medicine is established 
in a State and is accredited, the Secretary, after consultation with the 
Appropriation 
authorization. 
7 use 3195. 
Funds, 
apportionment. 
w;r 
State animal 
health and 
disease research 
program. 
Excess funds. 
Funds, 
reallocation. 
91 STAT. 1004 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Regional colleges 
of veterinary 
medicine. 
dean of such college and the director of the State agricultural experi-
ment station and, where applicable, deans of other accredited colleges 
in the State, shall provide for the reallocation of funds available to 
the State pursuant to subsection (b) of this section between the new 
college and other eligible institutions in the State, based on the animal 
health research capacity of each eligible institution. 
(f) Whenever two or more States jointly establish an accredited 
regional college of veterinary medicine or jointly support an accredited 
college of veterinary medicine serving the States involved, the Secre-
tary is authorized to make funds which are available to such States 
pursuant to subsection (b) (2) of this section available for such col-
lege in such amount that reflects the combined relative value of and 
income from domestic livestock and poultry in the cooperating States, 
such amount to be adjusted, as necessary, pursuant to the provisions 
of subsections (c) and (e) of this section. 
APPROPRIATIONS FOR RESEARCH ON NATIONAL OR REGIONAL PROBLEMS 
Appropriation 
SEC. 1434. (a) There are hereby authorized to be appropriated such 
authorization. 
funds, not to exceed $15,000,000 annually, as Congress may determine 
7 use 3196. 
necessary to support research on specific national or regional animal 
health or disease problems. 
(b) Funds appropriated under this section shall be allocated by the 
Secretary to eligible institutions for work to be done, as mutually 
agreed upon between the Secretary and the eligible institution or 
institutions. The Secretary shall, whenever possible, consult the Board 
in developing plans for the use of these funds. 
AVAILABILITY OF APPROPRIATED FUNDS 
7 use 3197. 
SEC. 1435. Funds available for allocation under the terms of this 
subtitle shall be paid to each State or eligible institution at such times 
and in such amounts as shall be determined by the Secretary. Ftmds 
shall remain available for payment of unliquidated obligations for 
one additional fiscal year following the year of appropriation. 
7 use 3198. 
Report to 
President. 
WITHHOLDING OF APPROPRIATED FUNDS 
SEC. 1436. If the Secretary determines that a State is not entitled 
to receive its allocation of the annual appropriation under section 
1433 of this title because of its failure to satisfy requirements of this 
subtitle or regulations issued under it, the Secretary shall withhold such 
amount. The facts and reasons concerning the determination and with-
holding shall be reported to the President; and the amount involved 
shall be kept separate in the Treasury until the close of the next Con-
gress. If the next Congress does not direct such sum to be paid, it shall 
be carried to surplus. 
REQUIREMENTS FOR USE OF FUNDS 
Research project 
SEC. 1437. With respect to research projects on problems of animal 
proposals. 
health and disease to be performed at eligible institutions and sup-
7 use 3199. 
ported with funds allocated to the States under section 1433 of this 
title, the dean or director of each eligible institution shall cause to be 
prepared and shall review proposals for such research projects, which 
contain data showing compliance with the purpose in section 1429 of 
this title and the provisions for use of fimds specified in section 1433 
r j
i
< >•• 
(a) of this title, and with general guidelines for project eligibility 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1005 
to be provided by the Secretary with the advice, when available, of the 
Board. Such research proposals that are approved by the dean or direc- Report to 
tor shall be submitted to the Secretary prior to assignment of funds Secretary of 
thereto with a brief summary showing compliance with the provisions Agriculture, 
of this subtitle and the Secretary's general guidelines. 
MATCHING FUNDS 
SEC. 1438. No funds in excess of $100,000, exclusive of the funds 7 U
S
C 3200. 
provided for research on specific national or regional animal health 
'^' 
and disease problems under the provisions of section 1434 of this title, 
shall be paid by the Federal Government to any State under this sub-
title during any fiscal year in excess of the amount from non-Federal 
sources made available to and budgeted for expenditure by eligible 
institutions in the State during the same fiscal year for animal health 
and disease research. The Secretary is authorized to make such pay-
ments in excess of $100,000 on the certificate of the appropriate official 
of the eligible institution having charge of the animal health and 
disease research for which such payments are to be made. If any eligi-
ble institution certified for receipt of matching funds fails to make 
available and budget for expenditure for animal health and disease 
research in any fiscal year sums at least equal to the amount for which 
it is certified, the difference between the Federal matching funds avail-
able and the funds made available to and budgeted for expenditure 
by the eligible institution shall be reapportioned by the Secretary 
among other eligible institutions of the same State, if there are any 
which qualify therefor, and, if there are none, the Secretary shall reap-
portion such difference among the other States. 
ALLOCATIONS UNDER THIS SUBTITLE NOT SUBSTITUTIONS 
SEC. 1439. The sums appropriated and allocated to States and 7 U
S
C 3201. 
eligible institutions under this subtitle shall be in addition to, and 
not in substitution for, sums appropriated or otherwise made available 
to such States and institutions pursuant to other pi-ovisions of law. 
Subtitle F—Small Farm Research and Extension 
SMALL FARM RESEARCH AND EXTENSION PROGRAMS 
SEC. 1440. Section 502 of the Rural Development Act of 1972 (86 
Stat. 671; 7 U.S.C. 2662) is amended by— 
(1) amending subsection (c) to read as follows: 
"(c) SMALL FARM RESEARCH PROGRAMS.—Small farm research pro-
grams shall consist of programs of research to develop new approaches 
for initiating and upgrading small farmer operations through manage-
ment techniques, agricultural production techniques, farm machinery 
technology, new products, new marketing techniques, and small farm 
finance."; and 
(2) adding at the end thereof a new subsection (d) as follows: 
"(d) SMALL FARM EXTENSION PROGRAMS.—Small farm extension 
programs shall consist of extension programs to improve operations 
of small farmers using, to the maximum extent practicable, parapro-
fessional personnel to work with small farmers on an intensive basis 
to initiate and improve management techniques, agricultural produc-
tion techniques, farm machinery technology, marketing techniques. 
91 STAT. 1006 
PUBLIC LAW 95-113—SEPT. 29, 1977 
and small farm finance, and to increase utilization by small farmers 
of existing services offered by the United States Department of Agri-
culture and other public and private agencies and organizations.". 
7 use 2662. 
Appropriation 
authorization. 
Funds, 
apportionment. 
PROGRAM MONEYS 
SEC. 1441. Section 503 of the Kural Development Act of 1972 (86 
Stat. 672, as amended; 7 U.S.C. 2663) is amended by— 
(1) inserting in subsection (a) a comma and the phrase "except 
subsections (c) and (d) of section 502," after the pihrase "this 
title"; 
(2) redesignating subsections (c), (d), and (e) as (e), (f), 
and (g), respectively; 
(3) adding new subsections (c) and (d) as follows: 
" (c) There are hereby authorized to be appropriated to carry out 
the purposes of subsections (c) and (d) of section 502 of this title 
not to exceed $20,000,000 for each of the fiscal years ending Septem-
ber 30, 1978, and September 30, 1979. 
"(d) Such sums as Congress shall appropriate to carry out the 
purposes of this title pursuant to subsection (c) of this section shall 
be distributed by the Secretary as follows: 
"(1) 4 per centum to be used by the Secretary for Federal 
administration; 
"(2) 19 per centum to be allocated among the several States 
to carry out the programs authorized in subsection (c) of section 
502 of this title in such amounts as determined by the Secretary; 
and 
"(3) 77 per centum to be allocated among the several States to 
carry out the programs authorized in subsection (d) of section 
502 of this title in such amounts as determined by the Secretary."; 
and 
(4) striking out in subsection (f), as redesignated by subsec-
tion (b) of this section, the word "and" after " (b)," and inserting 
a comma and the phrase "and (d)" after "(c)". 
DEFINITION OF SMALL FARMER 
SEC. 1442. Section 507 of the Rural Development Act of 1972 (86 
Stat. 674; 7 U.S.C. 2667) is amended by adding at the end thereof 
a new subsection (c) to read as follows: 
"(c) 'Small farmer' means any farmer with gross sales from 
farming of $20,000 or less per year.". 
REPORTS 
SEC. 1443. Title V of the Rural Development Act of 1972 (86 
Stat. 671-674, as amended; 7 U.S.C. 2661-2668) is amended by adding 
at the end thereof a new section 510 to read as follows: 
a 
Report to 
Congress. 
7 use 2670. 
REPORTS 
"SEC. 510. The Secretary shall evaluate annually the effectiveness 
of the programs established under subsections (c) and (d) of section 
502 of this title and make a report to Congress not later than February 
1 of each year on that evaluation and the operation of the programs 
during the preceding fiscal year.". 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1007 
Subtitle G—1890 Land-Grant College Funding 
EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE 
INSTITUTE 
SEC. 1444. (a) There are hereby authorized to be appropriated 
annually such sums as Congress may determine necessary to support 
continuing agricultural and forestry extension at colleges eligible to 
receive funds under the Act of August 30, 1890 (26 Stat. 417-419, as 
amended; 7 U.S.C. 321-326 and 328), including Tuskegee Institute 
(hereinafter in this section referred to as "eligible institutions"). 
Beginning with the fiscal year ending September 30, 1979, there shall 
be appropriated under this section for each fiscal year an amount not 
less than 4 per centum of the total appropriations for such year under 
the Act of May 8, 1914 (38 Stat. 372-374, as amended; 7 U.S.C. 
341-349) : Provided, That the amount appropriated for the fiscal year 
ending September 30, 1979, shall not be less than the amount made 
available for the fiscal year ending September 30,1978, to such eligible 
institutions under section 3(d) of the Act of May 8,1914 (38 Stat. 373, 
as amended; 7 U.S.C. 343(d)). Funds appropriated under this section 
shall be used for expenses of conducting extension programs and 
activities, and for contributing to the retirement of employees subject 
to the provisions of the Act of March 4, 1940 (54 Stat. 39-40, as 
amended; 7 U.S.C. 331). No more than 20 per centum of the funds 
received by an institution in any fiscal year may be carried forward 
to the succeeding fiscal year. 
(b) Beginning with the fiscal year ending September 30, 1979— 
(1) any funds annually appropriated under this section up 
to the amount appropriated for the fiscal year ending September 
30, 1978, pursuant to section 3(d) of the Act of May 8, 1914, as 
amended, for eligible institutions, shall be allocated among the 
eligible institutions in the same proportion as funds appropri-
ated under section 3(d) of the Act of May 8, 1914, as amended, 
for the fiscal year ending September 30, 1978, are allocated 
among the eligible institutions; and 
(2) any funds appropriated annually under this section in 
excess of an amount equal to the amount appropriated under sec-
tion 3(d) of the Act of May 8, 1914, for the fiscal year ending 
September 30, 1978, for eligible institutions, shall be distributed 
as follows: 
(A) A sum equal to 4 per centum of the total amount 
appropriated each fiscal year under this section shall be 
allotted to the Extension Service of the Department of Agri-
culture for administrative, technical, and other services, and 
for coordinating the extension work of the Department of 
Agriculture and the several States. 
(B) Of the remainder, 20 per centum shall be allotted 
among the eligible institutions in equal proportions; 40 per 
centum shall be allotted among the eligible institutions in the 
proportion that the rural population of the State in which 
each eligible institution is located bears to the total rural pop-
ulation of all the States in which eligible institutions are 
located, as determined by the last preceding decennial census; 
and the balance shall be allotted among the eligible institu-
tions in the proportion that the farm population of the State 
in which each eligible institution is located bears to the total 
Appropriation 
authorization. 
7 use 3221. 
Funds, 
apportionment. 
29-194 0 -
91 STAT. 1008 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Comprehensive 
program of 
extension, 
submittal to 
Secretary of 
Agriculture. 
Ejititlement. 
Work plans. 
Report to 
Secretary of 
Agriculture. 
Lost or 
misapplied funds. 
Institutional 
operations, report 
to Governor. 
Report to 
President. 
U.S. mail service, 
use. 
farm population of all the States in which the eligible 
institutions are located, as determined by the last preceding 
decennial census. 
In computing the distribution of funds allocated under paragraph 
(2) of this subsection, the allotments to Tuskegee Institute and Ala-
bama Agricultural and Mechanical University shall be determined 
as if each institution were in a separate State. 
(c) The State director of the cooperative extension service and the 
administrative head for extension at the eligible institution in each 
State where an eligible institution is located shall jointly develop, by 
mutual agreement, a comprehensive program of extension for such 
State to be submitted for approval by the Secretary within one year 
after the date of enactment of this title. 
(d) On or about the first day of October in each year after enact-
ment of this title, the Secretary shall ascertain whether each eligible 
institution is entitled to receive its share of the annual appropriation 
for extension work under this section and the amount which it is 
entitled to receive. Before the funds herein provided shall become avail-
able to any eligible institution for any fiscal year, plans for the work 
to be carried out under this section shall be submitted by the proper 
officials of each institution and approved by the Secretary. Such sums 
shall be paid in equal quarterly payments on or about October 1, Jan-
uary 1, April 1, and July 1 of each year to the treasurer or other officer 
of the eligible institution duly authorized to receive such payments and 
such officer shall be required to report to the Secretary on or about the 
first day of December of each year a detailed statement of the amount 
so received during the previous fiscal year and its disbursement, on 
forms prescribed by the Secretary. 
(e) If any portion of the moneys received by any eligible institution 
for the support and maintenance of extension work as provided in this 
section shall by any action or contingency be diminished or lost or be 
misapplied, it shall be replaced by such institution and until so 
replaced no subsequent appropriation shall be apportioned or paid to 
such institution. No portion of such moneys shall be applied, directly 
or indirectly, to the purchase, erection, preservation, or repair of any 
building or buildings, or the purchase or rental of land, or in college 
course teaching, lectures in college, or any other purpose not speci-
fied in this section. It shall be the duty of such institution, annually, 
on or about the first day of January, to make to the Governor of the 
State in which it is located a full and detailed report of its operations 
in extension work, including a detailed statement of receipts and 
expenditures from all sources for this purpose, a copy of which report 
shall be sent to the Secretary. 
(f) If the Secretary finds that an eligible institution is not entitled 
to receive its share of the annual appropriation, the facts and reasons 
therefor shall be reported to the President, and the amount involved 
shall be kept separate in the Treasury until the expiration of the next 
Congress in order that the institution may, if it should so desire, 
appeal to Congress from the determination of the Secretary. If the 
next Congress does not direct such sum to be paid, it shall be carried to 
surplus. 
(g) To the extent that the official mail consists of correspondence, 
bulletins, and reports for furtherance of the purposes of this section, it 
^all be transmitted in the mails of the United States under penalty 
indicia: Provided^ That each item shall bear such indicia as are pre-
scribed by the Postmaster General and shall be mailed under such 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1009 
regulations as the Postmaster General may from time to time prescribe. 
Such items may be mailed from a principal place of business of each 
eligible institution or from an established subunit of such institution. 
AGRICULTURAL RESEARCH AT 18 90 LAND-GRANT COLLEGES, INCLUDING 
TUSKEGEE INSTITUTE 
Appropriation 
authorization. 
7 use 3222. 
SEC. 1445. (a) There are hereby authorized to be appropriated annu-
ally such sums as Congress may determine necessary to support con-
tinuing agricultural research at colleges eligible to receive funds under 
the Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 
321-326 and 328), including Tuskegee Institute (hereinafter referred 
to in this section as "eligible institutions"). Beginning with the fiscal 
year ending September 30, 1979, there shall be appropriated under 
this section for each fiscal year an amount not less than 15 per 
centum of the total appropriations for such year under section 3 of 
the Act of March 2, 1887 (24 Stat. 441, as amended; 7 U.S.C. 361c) : Post, p. 1018. 
Provided, That the amount appropriated for the fiscal year ending 
September 30,1979, shall not be less than the amount made available in 
the fiscal year ending September 30, 1978, to such eligible institutions 
under the Act of August 4, 1965 (79 Stat. 431, 7 U.S.C. 450i). Funds 
appropriated under this section shall be used for expenses of conduct-
ing agricultural research, printing, disseminating the results of such 
research, contributing to the retirement of employees subject to the 
provisions of the Act of March 4,1940 (54 Stat. 39-40, as amended; 7 
U.S.C. 331), administrative planning and direction, and purchase and 
rental of land and the construction, acquisition, alteration, or repair 
of buildings necessary for conducting agricultural research. The 
eligible institutions are authorized to plan and conduct agricultural 
research in cooperation with each other and such agencies, institutions, 
and individuals as may contribute to the solution of agricultural prob-
lems, and moneys appropriated pursuant to this section shall be avail-
able for paying the necessary expenses of planning, coordinating, and 
conducting such cooperative research. 
(b) Beginning with the fiscal year ending September 30, 1979, the Funds, 
funds appropriated in each fiscal year under this section shall be apportionment, 
distributed as follows: 
(1) Three per centum shall be available to the Secretary for 
administration of this section. 
(2) The remainder shall be allotted among the eligible institu- 
"*' 
tions as follows: 
(A) $100,000 to each eligible institution. 
(B) Of the remaining funds, one-half in an amount which 
bears the same ratio to the total amount to be allotted as the 
rural population of the State in which the eligible institution 
is located bears to the total rural population of all the States 
in which eligible institutions are located, as determined by 
the last preceding decennial census; and one-half in an 
amount which bears the same ratio to the total amount to be 
allotted as the farm population of the State in which the 
eligible institution is located bears to the total farm popu-
lation of all the States in which eligible institutions are 
located, as determined by the last preceding decennial census. 
In computing the distribution under this paragraph, the allot-
ments to Tuskegee Institute and Alabama Agricultural and 
-v 
.. 
Mechanical University shall be determined as if each institution 
were in a separate State. 
91 STAT. 1010 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Comprehensive 
agricultural 
research 
program, 
submittal to 
Secretary of 
Agriculture. 
Chief 
administrative 
officer, 
appointment. 
Treasurer, 
designation. 
Report to 
Secretary of 
Agriculture. 
Lost or 
misapplied funds. 
U.S. mail service, 
use. 
Rules and 
regulations. 
Unexpended 
funds. 
(c) The director of the State agricultural experiment station in each 
State where an eligible institution is located and the chief administra-
tive officer specified in subsection (d) of this section in each of the 
eligible institutions in such State shall jointly develop, by mutual 
agreement, a comprehensive program of agricultural research in such 
State, to be submitted for approval by the Secretary within one year 
after the date of enactment of this title. 
(d) Sums available for allotment to the eligible institutions under 
the terms of this section shall be paid to such institutions in equal quar-
terly payments beginning on or about the first day of October of each 
year upon vouchers approved by the Secretary. The President of each 
eligible institution shall appoint a chief administrative officer who shall 
be responsible for administration of the program authorized herein. 
Each eligible institution shall designate a treasurer or other officer who 
shall receive and account for all funds allotted to such institution under 
the provisions of this section and shall report, with the approval of the 
chief administrative officer, to the Secretary on or before the first day 
of December of each year a detailed statement of the amount received 
under the provisions of this section during the preceding fiscal year 
and its disbursement on schedules prescribed by the Secretary. If any 
portion of the allotted moneys received by any eligible institution shall 
by any action or contingency be diminished, lost, or misapplied, it shall 
be replaced by such institution and until so replaced no subsequent 
appropriation shall be allotted or paid to such institution. Funds made 
available to eligible institutions shall not be used for payment of nego-
tiated overhead or indirect cost rates. 
(e) Bulletins, reports, periodicals, reprints or articles, and other 
publications necessary for the dissemination of results of the research 
and experiments funded under this section, including lists of publi-
cations available for distribution by the eligible institutions, shall be 
transmitted in the mails of the United States under penalty indicia: 
Provided^ That each publication shall bear such indicia as are pre-
scribed by the Postmaster General and shall be mailed under such regu-
lations as the Postmaster General may from time to time prescribe. 
Such publications may be mailed from the principal place of business 
of each eligible institution or from an established subunit of such 
institution. 
(f) The Secretary shall be responsible for the proper administration 
of this section, and is authorized and directed to prescribe such rules 
and regulations as may be necessary to carry out its provisions. It shall 
be the duty of the Secretary to furnish such advice and assistance as 
will best promote the purposes of this section, including participation 
in coordination of research initiated under this section by the eligible 
institutions, from time to time to indicate such lines of inquiry as to 
the Secretarv seem most important, and to encourage and assist in 
the establishment and maintenance of cooperation by and between 
the several eligible institutions, the State agricultural experiment 
stations, and between them and the Department of Agriculture. 
(g) (1) On or before the first day of October in each year after the 
enactment of this title, the Secretary shall ascertain whether each eli-
gible institution is entitled to receive its share of the annual appropria-
tions under this section and the amount which thereupon each is 
entitled, respectively, to receive. 
(2) Whenever it shall appear to the Secretary from the annual 
statement of receipts and expenditures of funds by any eligible insti-
tution that any portion of the preceding annual appropriation allotted 
to that institution under this section remains unexpended, such amount 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1011 
shall be deducted from the next succeeding annual allotment to the 
institution. 
(3) If the Secretary withholds from any eligible institution any 
portion of the appropriations available for allotment, the facts and 
reasons therefor shall be reported to the President and the amount 
involved shall be kept separate in the Treasury until the close of the 
next Congress. If the next Congress does not direct such sum to be 
paid, it shall be carried to surplus. 
(4) The Secretary shall make an annual report to Congress during 
the first regular session of each year of the receipts and expenditures 
and work of the eligible institutions under the provisions of this sec-
tion and also whether any portion of the appropriation available for 
allotment to any institution has been withheld and if so the reasons 
therefor. 
(h) Nothing in this section shall be construed to impair or modify 
the legal relationship existing between any of the eligible institutions 
and the government of the States in which they are respectively 
located. 
Subtitle H—Solar Energy Research and Development 
PART 1—EXISTING PROGRAMS 
Report to 
President. 
Report to 
Congress. 
AGRICULTURAL RESEARCH 
SEC. 1446. Section 1 of the Act of June 29, 1935 (49 Stat. 436, as 
amended; 7 U.S.C. 427), is amended by— 
(1) inserting after "electricity and other forms of power;" in 
the third sentence the following: "research and development 
relating to uses of solar energy with respect to farm buildings, 
farm homes, and farm machinery (including equipment used to 
dry and cure crops and provide irrigation);"; and 
(2) adding at the end thereof the following new sentence: "For "Solar energy. 
purposes of this title, the term 'solar energy' means energy derived 
from sources (other than fossil fuels) and technolo^es included 
in the Federal Non-Nuclear Energy Research and Development 
Act of 1974, as amended.". 
42 U
S
C 5901 
AGRICULTURAL EXTENSION 
SEC. 1447. The Act of May 8, 1914 (38 Stat. 372-374, as amended; 
7 U.S.C. 341-349), is amended by;— 
(1) inserting after "subjects relating to agriculture" in sec-
tion 1 the following: ", uses of solar energy with respect to agri- 7 U
S
C 341. 
culture,"; 
(2) adding at the end of section 1 the following new sentence: "Solar energy. 
"For the purposes of this Act, the term 'solar energy' means 
energy derived from sources (other than fossil fuels) and tech-
nologies included in the Federal Non-Nuclear Energy Research 
and Development Act of 1974, as amended."; and 
(3) inserting after "demonstrations in agriculture" in section 
2 the following: ", uses of solar energy with respect to agri-
culture,". 
RURAL DEVELOPMENT 
SEC. 1448. (a) Section 303 of the Consolidated Farm and Rural 
Development Act (75 Stat. 307, as amended; 7 U.S.C. 1923) is amended 
by inserting " (a)" immediately before the first sentence and by adding 
tne following new subsection: 
7 USC 342. 
91 STAT. 1012 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Definitions. 
42 use 5901 
note. 
"Solar energy. 
Solar energy 
research. 
7 use 3241. 
"(b) For purposes of this subtitle— 
"(1) the term 'improving farms' includes, but is not limited to, 
the acquisition and installation of any qualified non-fossil energy 
system in any residential structure located on a family farm; and 
"(2) the term 'qualified non-fossil energy system' means any 
system that utilizes technologies to generate fuel, energy, or 
energy intensive products from products other than fossil fuels as 
included in the Federal Non-Nuclear Energy Kesearch and Devel-
opment Act of 1974, as amended, which meets such standards as 
may be prescribed by the Secretary, taking into consideration 
appropriate and available standards prescribed by the Secretary 
of Housing and Urban Development.", 
(b) Section 312(a) of the Consolidated Farm and Rural Develop-
ment Act (75 Stat. 312, as amended; 7 U.S.C. 1942(a)) is amended 
(1) inserting after "poultry, and farm equipment" in clause 
(2) the following: "(including equipment which utilizes solar 
energy)"; and 
(2) adding at the end thereof a new sentence as follows: "For 
the purposes of this subtitle, the term 'solar energy' means energy 
derived from sources (other than fossil fuels) and technologies 
included in the Federal Non-Nuclear Energy Research and Devel-
opment Act of 1974, as amended.". 
PART 2—COMPETITIVE GRANTS PROGRAM 
SEC. 1449. The Secretary shall carry out a program of competitive 
grants to persons and organizations, subject to the requirements and 
conditions provided for in 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, for carrying out research and development relating 
to— 
(1) uses of solar energy with respect to farm buildings, farm 
homes, and farm machinery (including, but not limited to, equip-
ment used to dry or cure farm crops or forest products, or to 
provide irrigation); and 
(2) uses of biomass derived from solar energy, including farm 
and forest products, byproducts, and residues, as substitutes for 
nonrenewable fuels and petrochemicals. 
PART 3—INFORMATION SYSTEM AND ADVISORY COMMITTEE 
Solar energy 
research projects, 
compilation. 
7 use 3251. 
SOLAR ENERGY RESEARCH INFORMATION 
SYSTEM 
SEC. 1450. The Secretary shall, through the Cooperative State 
Research Service and other agencies within the Department of Agri-
culture which the Secretary considers appropriate, in consultation 
with the Energy Research and Development Administration, other 
appropriate United States Government agencies, the National Acad-
emy of Sciences, and private and nonprofit institutions involved in 
solar energy research projects, by June 1,1978, and by June 1 in each 
year thereafter, make a compilation of solar energy research projects 
related to agriculture which are being carried out during such ye?,r by 
Federal, State, private, and nonprofit institutions and, where avail-
able, the results of such projects. Such compilations may include, but 
are not limited to, projects dealing with heating and cooling methods 
for farm structures and dwellings (such as greenhouses, curing bains, 
and livestock shelters), storage of power, operation of farm equipment 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1013 
(including irrigation pumps, crop dryers and curers, and electric 
vehicles), and the development of new technologies to be used on farms 
which are powered by other than fossil fuels or derivatives thereof. 
ADVISORY COMMITTEE 
SEC. 1451. In order to assist the Secretary in carrying out functions 
assigned to the Secretary under part 4 of this subtitle, the Secretary 
is authorized to establish an advisory committee within the Depart-
ment of Agriculture or utilize an existing advisory committee, if a 
suitable one exists, for such purposes. 
PART 4—^MODEL FARMS AND DEMONSTRATION PROJECTS 
Establishment, 
authorization. 
7 use 3252. 
• 
MODEL FARMS 
SEC. 1452. (a) In order to promote the establishment and operation 7 USC 3261. 
of solar energy demonstration farms within each State, the Secretary 
shall distribute funds to carry out the activities described in subsec-
tions (b) and (c) of this section and section 1453 of this title to one 
or more of the following in each State: the State department of agri-
culture, the State cooperative extension service, the State agricultural 
experiment station, foresti-y schools eligible to receive funds under the 
Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C. 
582a, 582a-l—582a-7), or colleges and universities eligible to receive 
funds under the Act of August 30.1890 (26 Stat. 417-419, as amended; 
7 U.S.C. 321-326 and 328), including Tuskegee Institute (hereinafter 
in this part referred to as "eligible institutions"), in accordance with 
such rules and regulations as the Secretary may prescribe. 
(b) The recipient or recipients in such State shall— 
(1) establish at least one large model farm which— 
(A) demonstrates all the solar energy projects determined 
by the Secretary, in consultation with the recipient or recipi-
ents, to be useful and beneficial to the State; 
(B) is located in the State on land owned or operated by 
that State and, if practicable, on the State agricultural experi-
ment station farm land; and 
(C) includes other farming practices, such as raising live-
stock and crops, in order to provide a model of a farm which 
applies new and improved methods of agriculture through 
the use of solar energy as a means of heating, cooling, dry-
ing, or curing crops, and providing other farm needs; 
(2) sell the products of the model farm established under 
paragraph (1) of this subsection and pay to the Secretary that 
portion of the proceeds received through each such sale as bears 
the same proportion to the total proceeds as the grants under 
this section bear to the total cost of operating the farm. The Sec-
retary shall deposit such funds into a fund which shall be avail-
able without fiscal year limitation for use in carrying out the 
provisions of this part; 
(3) provide tours of the model farm to farmers and other inter-
ested groups and individuals and, upon request, provide such 
farmers, groups, and individuals with information concerning 
the operation of such model farm and the demonstrations, if any, 
established by it under section 1453 of this title; 
(4) determine the costs of energy, the income, and the total 
cost of the model farm; and 
Sale of farm 
produce. 
Farm tours. 
Cost 
determination. 
91 STAT. 1014 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Report to 
(5) annually compile a report concerning energy usage, income 
Secretary of 
costs, operating difficulties, and farmer interest with respect 
Agriculture. 
^Q ^.lie model farm and the demonstrations, if any, established by 
it under section 1453 of this title, and submit the report to the 
Secretary along with any recommendations concerning project 
changes and specific needs of such farm or demonstrations, 
(c) The results obtained from each model farm established under 
subsection (b) of this section which prove to be economically practical 
shall be extended to other farms in each State through the State 
cooperative extension service as part of its ongoing energy manage-
ment and conservation education programs. 
Establishment. 
7 use 3262. 
Agreements. 
Recordkeeping. 
Records, 
transmittal. 
DEMONSTRATION 
PROJECTS 
SEC. 1453. (a) During each calendar year after the first two calendar 
years for which eligible institutions in a State receive grants pursuant 
to section 1452 of this title the recipient or recipients of such grants in 
each State, in consultation with the Secretary, shall establish not less 
than ten demonstrations of solar energy projects which they shall 
select from among the projects demonstrated on the model farm estab-
lished in the State pursuant to section 1452 of this title. Such demon-
strations shall be carried out on farms which are already operating in 
the State. 
(b) The recipient or recipients in each State shall enter into written 
agreements with persons who own farms and who are willing to carry 
out solar energy project demonstrations under this section. Such agree-
ments shall include the following provisions concerning solar energy 
projects which the owners agree to demonstrate on such farms: 
(1) The owner shall carry out the projects on the farm for such 
period as the Secretary determines to be necessary to fairly dem-
onstrate them. 
(2) Tools, equipment, seeds, seedlings, fertilizer, equipment, and 
other agricultural materials and technology which are necessary 
to carry out the projects and which, on the date of such agree-
ment, are not commonly being used on farms in such State, shall 
be provided by the recipient or recipients. 
(3) During the demonstration period, the recipient or recipients, 
with the assistance of the Extension Service of the Department of 
Agriculture, shall provide the owner with technical assistance 
concerning such projects. 
(4) During the demonstration period and for such other periods 
as the recipient or recipients deem necessary, the owner shall— 
(A) keep a monthly record for the farm of changes, if any, 
in energy usage and costs, the amount of agricultural com-
* 
modities produced, the costs of producing such amount, and 
the income derived from producing such amount, and of such 
other data concerning the projects as the recipient or recipi-
ents may require; and 
(B) transmit to the recipient or recipients such monthly 
records, along with a report containing his or her findings, 
conclusions, and recommendations concerning the projects. 
(5) During the demonstration period, the owner shall give 
tours of the farm to farmers and other interested groups and 
individuals and provide them with a summary of the costs of 
carrying out such projects. 
(6) All right, title, and interest to any agricultural commodity 
produced on the farm as a result of the projects shall be in the 
owner. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1015 
(7) At the end of the demonstration period, the owner shall have 
all right, title, and interest to anj materials and technology pro-
vided under paragraph (2) of this subsection. 
(8) Such other provisions as the Secretary may, by rule, require. Rules. 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 1454. There are hereby authorized to be appropriated for dis- 7 USC 3263. 
tribution to eligible institutions for use in establishing model farms 
and solar energy project demonstrations under the provisions of this 
part, $20,000,000 for the period beginning October 1,1977, and ending 
September 30, 1981, and thereafter such sums as may subsequent to 
the date of enactment of this title be authorized by law for any sub-
sequent fiscal year. 
PART 5—REGIONAL SOLAR ENERGY RESEARCH AND DEVELOPMENT 
CENTERS 
SEC. 1455. In order to provide for agricultural research, develop- Establishment, 
ment, and demonstration projects having a national or regional 7USC 3271. 
application, the Secretary shall establish in existing Federal facilities 
or in cooperation with State and local government agencies, including 
State departments of agriculture, colleges and universities, or other 
qualified persons and organizations, including local nonprofit research 
groups, not less than three nor more than five regional solar energy 
research, development, and demonstration centers in the United States 
for the performance of agricultural research, extension work, and 
demonstration projects relating to use of solar energy with respect to 
farm buildings, farm homes, and farm machinery (including equip-
ment used to dry and cure crops and provide irrigation), to be vari-
ously located so as to reflect the unique solar characteristics of different 
latitudes and climatic regions within the United States. Funds used 
in the operation of such regional centers may be used for the rehabili-
tation of existing buildings or facilities to house such centers, but may 
not be used for the construction or acquisition of new buildings. 
PART 6—APPROPRIATIONS AND DEFINITIONS 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 1456. There are hereby authorized to be appropriated such 7 USC 3281. 
funds as are necessary to carry out the provisions of parts 2, 3, and 
5 of this subtitle. 
DEFINITIONS 
SEC. 1457. For purposes of this subtitle— 
7 use 3282. 
(1) the term "solar energy" means energy derived from sources 
(other than fossil fuels) and technologies included in the Federal 
Non-Nuclear Energy Research and Development Act of 1974, as 
amended; and 
(2) the term "State" means any State of the United States, the 
Commonwealth of Puerto Rico, Guam, the District of Columbia, 
American Samoa, and the Virgin Islands of the United States. 
Subtitle I—International Agricultural Research and Extension 
SEC. 1458. The Secretary, subject to such coordination with other 
7 USC 3291. 
Federal officials, departments, and agencies as the President may 
direct, is authorized to— 
91 STAT. 1016 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(1) expand the operational coordination of the Department of 
Agriculture with institutions and other persons throughout the 
world performing agricultural research and extension activities 
by exchanging research materials and results with such institu-
tions or_ persons and by conducting with such institutions or 
persons joint or coordinated research and extension on problems 
of significance to agriculture in the United States; 
(2) assist the Agency for International Development with a^i-
cultural research and extension programs in developing countries; 
(3) work with developed countries on agricultural research and 
extension, including the stationing of United States scientists at 
national and international institutions in such countries; 
(4) assist United States colleges and universities in strengthen-
ing their capabilities for agricultural research and extension 
relevant to agricultural development activities overseas; and 
(5) further develop within the Department of Agriculture 
highly qualified experienced scientists who specialize in interna-
tional programs, to be available for the activities described in 
this section. 
Subtitle J—Studies 
Transmittal to 
Congress. 
7 use 3301. 
EVALUATION OF THE EXTENSION SERVICE AND THE COOPERATIVE 
EXTENSION SERVICES 
' 
SEC. 1459. The Secretary shall transmit to Congress, not later than 
March 31,1979, an evaluation of the economic and social consequences 
of the programs of the Extension Service and the cooperative exten-
sion services, including those programs relating to agricultural 
production and distribution, home economics, nutrition education 
(including the Expanded Family and Nutrition Education Program), 
community development, and 4-H youth programs. 
Report to 
President and 
Congress. 
7 use 3302. 
WEATHER AND WATER ALLOCATION STUDY 
SEC 1460. The Secretary shall conduct a comprehensive study of 
the effects of changing climate and weather on crop and livestock 
productivity and, within twelve months after the date of the enact-
ment of this title, submit to the President and Congress a report 
together with pertinent recommendations, on this study. The study 
shall include— 
(1) an assessment of current climate and weather conditions 
in the United States and the possible impact of changes in cli-
mate and weather conditions on the Nation's economy and future 
food and feed availability and prices; 
(2) a review of Federal and State water allocation policies; 
and 
(3) a consideration of strategies and techniques for dealing 
with water shortages in the United States that could occur if 
current climate and weather conditions continue or become more 
severe. 
ORGANIC FARMING STUDY 
Report to 
President and 
Congress. 
7 use 3303. 
SEC. 1461. The Secretary shall conduct, and, within twelve months 
after the date of enactment of this title, submit to the President and 
Congress a report containing the results of and the Secretary's recom-
mendations concerning, an investigation and analysis of the prac-
ticability, desirability, and feasibility of collecting organic waste 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1017 
materials, including manure, crop and food wastes, industrial organic 
waste, municipal sewage sludge, logging and wood-manufacturing 
residues, and any other organic refuse, composting or similarly treat-
ing such materials, and transporting and placing such materials onto 
the land to improve soil tilth and fertility. The analysis shall include 
the projected cost of such collection, transportation, and placement 
in accordance with sound locally approved soil and water conservation 
practices. 
AGRICULTURAL RESEARCH FACILITIES STUDY 
SEC. 1462. (a) The Secretary shall conduct a comprehensive study Report to 
of the status and future needs of agricultural research facilities and, President and 
within fourteen months after the date of enactment of this title, sub- y^i^iJ^^loQA 
mit to the President and Congress a report on this study. 
(b) (1) The report shall cover agricultural research facilities and 
materials including, but not limited to, buildings and farms, labora-
tories, plant, seed, genetic stock, insect, virus, and animal collections, 
and lease and purchase items such as computers, laboratory instru-
ments, and related equipment. 
(2) The report shall include recommendations for a program to 
provide the United States with the most modern and efficient system 
of research facilities needed to advance agricultural research in all 
fields, and recommendations with regard to priority requirements for 
research instrumentation and facilities needing modernization, con-
struction, or renovation in accordance with the requirements of State, 
regional, and national priority programs of research and based on 
the fullest utilization of human, monetary, and physical resources. 
Subtitle K—Funding and Miscellaneous Provisions 
AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND CERTAIN NEW 
AGRICULTURAL RESEARCH PROGRAMS 
SEC. 1463. (a) Notwithstanding any authorization for appropria- 7 USC 3311. 
tions for agricultural research in any Act enacted prior to the date of 
enactment of this title, there are hereby authorized to be appropriated 
for the purposes of carrying out the provisions of this title, except sub- 
'ifi 5
1 
title H and sections 1416,1417, 1419, 1420, and the competitive grants 
program provided for in section 1414, and except that the authorization 
for moneys provided under the Act of March 2,1887 (24 Stat. 440-442, 
as amended; 7 U.S.C. 361a-361i), is excluded and is provided for in 
subsection (b) of this section, $505,000,000 for the fiscal year ending 
September 30, 1978, $575,000,000 for the fiscal year ending Septem-
ber 30,1979, $645,000,000 for the fiscal year ending September 30,1980, 
$715,000,000 for the fiscal year ending September 30, 1981, and 
$780,000,000 for the fiscal year ending September 30, 1982, and not in 
excess of such sums as may after the date of enactment of this title be 
authorized by law for any subsequent fiscal year. 
(b) Notwithstanding any authorization for appropriations for agri-
cultural research at State agricultural experiment stations in any Act 
enacted prior to the date of enactment of this title, there are hereby 
authorized to be appropriated for the purpose of conducting agricul-
tural research at State agricultural experiment stations pursuant to the 
Act of March 2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C. 361a-
361i), $120,000,000 for the fiscal year ending September 30, 1978, 
$145,000,000 for the fiscal year ending September 30,1979, $170,000,000 
for the fiscal year ending September 30,1980, $195,000,000 for the fiscal 
91 STAT. 1018 
PUBLIC LAW 95-113—SEPT. 29, 1977 
year end-ng September 30, 1981, and $220,000,000 for the fiscal year 
ending September 30,1982, and not in excess of such sums as may after 
the date of enactment of this title be authorized by law for any subse-
quent fiscal year. 
AUTHORIZATION FOR APPROPRIATIONS FOR EXTENSION EDUCATION 
7 use 3312. 
SEC. 1464. Notwithstanding any authorization for appropriations for 
the Cooperative Extension Service in any Act enacted prior to the date 
of enactment of this title, there are hereoy authorized to be appropri-
ated for the purposes of carrying out the extension programs of the 
Department of Agriculture $260,000,000 for the fiscal year ending Sep-
tember 30,1978, $280,000,000 for the fiscal year ending September 30, 
1979, $300,000,000 for the fiscal year ending September 30, 1980, 
$320,000,000 for the fiscal year ending September 30, 1981, and 
$350,000,000 for the fiscal year ending September 30,1982, and notin 
excess of such sums as may after the date of enactment of this title be 
authorized by law for any subsequent fiscal year. 
EXTENSION PROGRAMS FOR GUAM AND THE VIRGIN ISLANDS OF THE UNITED 
STATES 
Matching funds. 
SEC. 1465. Section 3 of the Act of May 8, 1914 (38 Stat. 373, as 
amended; 7 U.S.C. 343), is amended by adding thereto a new subsection 
(e) to read as follows: 
"(e) Insofar as the provisions of subsections (b) and (c) of this sec-
tion, which require or permit Congress to require matching of Federal 
funds, apply to the Virgin Islands of the United States and Guam, such 
provisions shall be deemed to have been satisfied, for the fiscal years 
ending September 30, 1978, and September 30, 1979, only, if the 
amounts budgeted and available for expenditure by the Virgin Islands 
of the United States and Guam in such years equal the amounts budg-
eted and available for expenditure by the Virgin Islands of the United 
States and Guam in the fiscal year ending September 30,1977.". 
Repeal. 
AMENDMENTS TO THE HATCH ACT 
SEC. 1466. (a) Section 3(c) (4) of the Act of March 2,1887 (24 Stat. 
441, as amended; 7 U.S.C. 361c(c) (4)), is hereby repealed. 
(b) Section 3 (c) (5) of such Act (24 Stat. 441, as amended; 7 U.S.C. 
361c(c) (5)) is amended by adding at the end thereof a new sentence to 
read as follows: "These administrative funds may be used for transpor-
tation of scientists who are not officers or employees of the United States 
to research meetings convened for the purpose of assessing research 
opportunities or research planning.". 
PAYMENT OF FUNDS 
7 use 3313. 
SEC, 1467. Except as provided elsewhere in this Act or any other Act 
of Congress, funds available for allotment under this title shall be 
paid to each eligible institution or State at such time and in such 
amounts as shall be determined by the Secretary. 
WITHHOLDING OF FUNDS 
Report to 
SEC. 1468. Except as provided elsewhere in this Act or any other 
President. 
Act of Congress, if the Secretary determines that an institution or 
7 use 3314. 
State is not entitled to receive its allotment of an annual appropria-
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 sec-
tion 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 accom-
plishments 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 Sec-
retary 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 author-
ized 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 
of the Soil Conservation and Domestic 
1149, as amended; 16 U.S.C. 590h) is 
SEC. 1501. (a) Section 
Allotment Act (49 Stat 
amended by— 
(1) striking out the first three sentences of subsection (b) and 
inserting in lieu thereof the following: "The Secretary is author-
ized to carry out the policy and purposes specified in section 7(a) 
of this Act by providing financial assistance to agricultural pro-
ducers 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. 
91 STAT. 1020 
PUBLIC LAW 95-113—SEPT. 29, 1977 
42 use 4321 
note. 
Funds, 
apportionment. 
Funds for long-
term agreements. 
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 neces-
sary. In determining the level of payment, consideration will be 
given to (A) the amount of expected conservation or environmen-
tal benefit accruing to society, (B) the total cost of carrying out the 
needed measures, (C) the degree to which appropriate conserva-
tion 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 sedimenta-
tion 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 pollu-
tion, (E) national priorities reflected in the National Environmen-
tal 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 para^graphs 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 share-
croppers in proportion to the extent such landlords, tenants, and 
sharecroppers contribute to the cost of carrying out the conserva-
tion or environmental enhancement measures. The maximum pay-
ment 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. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1021 
INCLUSION OF AQUACULTURE AND HUMAN NUTRITION AMONG THE 
BASIC FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE 
SEC. 1502. (a) Section 520 of the Kevised Statutes, as amended (7 
U.S.C. 2201), is amended by striking out "agriculture and rural 
development" and inserting in lieu thereof "agriculture, rural develop-
ment, 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 follow-
ing : "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 'aqua-
culture' 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 conserva-
tion, 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 augment-
ing 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 cooperatidn and assistance from the 
Administrator of the General Services Administration, shall encourage 
the use of excess personal property (within the meaning of the Fed-
eral Property and Administrative Services Act of 1949) by rural 40 USC471 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 Secretayy.". 
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 
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 Act 
(68 Stat. 666, as amended) is amended as follows: 
(a) Section 2 (16 U.S.C. 1002) is amended by striking out 
"$250,000" and inserting in lieu thereof "$1,000,000". 
(b) Section 5(3) (16 U.S.C. 1005(3)) is amended by striking out 
"$250,000" and inserting in lieu thereof "$1,000,000". 
(c) Section 5(4) (16 U.S.C. 1005(4)) is amended by striking out 
"$250,000" and inserting in lieu thereof "$1,000,000". 
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 Secre-
tary finds there is a need therefor, as a result of such disaster.". 
AUTHORITY TO MAKE 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 sub-
section (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 sub-
section (g) (3) between the words "any" and "defaulted" the words 
"deferred or". 
CRITICAL LANDS RESOURCE CONSERVATION PROGRAM 
16 use 590q-3. 
SEO. 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 
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 con-
serving 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 oper-
ator 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 sub-
ject to the mutual agreement of the owner or operator and the Sec-
retary. 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 pur-
pose of the program; (3) not to harvest any crop from or graze the 
designated acreage during the agreement period, unless the Secre-
tary 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 Secre-
tary, that the land was not acquired for the purpose of placing it in 
the program: Provided^ That the foregoing provision shall not pro-
hibit the continuation of an agreement by a new owner if an agree-
ment 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 appro-
priate 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 agree-
ment period, to forfeit all rights to further payments under the a^ee-
ment 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 desira-
ble 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 
91 STAT. 1024 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Termination. 
Regulations. 
Federal and non-
Federal offices, 
utilization. 
Program 
payments. 
Tenants and 
sharecroppers. 
Regulations. 
Appropriation 
authorization. 
Commodity 
Credit 
Corporation, 
utilization. 
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 Secre-
tary 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 pay-
ment 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 pro-
gram, by mutual agreement with the owner or operator, if the Secre-
tary 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 desir-
able, 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 sec-
tion 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 receiv-
ing 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 shar-
ing, 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 sec-
tion. 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, includ-
ing payment of costs of administration: Provided^ That the Commod-
ity 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 
SEC. 1601. Section 12(d) of the United States Grain Standards Act 
maintenance. 
(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-
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 regula-
tion, 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 pro-
ceeds 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 administra-
tive 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 per-
formed 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 perform-
ance of official weighing and supervision of weighing services in the 
United States and on United States grain in Canadian ports, exclud-
ing 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-
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 follow-
ing: "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, 
in the same manner as prescribed in section 7 or 7A of the United 
States Grain Standards Act, as amended by this Act,". 
ESTABLISHMENT OF TEMPORARY ADVISORY COMMITTEE 
7 use 87h. 
Post, pp. 1030, 
1031. 
7 u s e 74 note. 
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 estab-
lish a temporary advison^ committee to provide advice to the Admin-
istrator of the Federal Grain Inspection Service with respect to the 
91 STAT. 1026 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 u s e 71 note. 
Membership. 
Clerical 
assistance. 
Travel expenses. 
Termination. 
Appropriation 
authorization. 
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 pro-
ducers, consumers, and all segments of the grain industry, including 
grain inspection and weighing agencies. Members of the advisoir com-
mittee 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 com-
pensation, 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. 
7 use 75. 
"Official 
agency." 
7 use 79. 
7 u s e 79a. 
"Supervision of 
weighing." 
Delegation of 
authority. 
7 u s e 75a. 
5 u s e 5332 note. 
TECHNICAL AMENDMENTS 
SEC. 1604. The United States Grain Standards Act (39 Stat. 482-
485, 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 insert-
ing in lieu thereof "sorghum"; 
(2) amending subsection (m) to read as follows: 
"(m) the term 'official agency' means any State or local govern-
mental agency, or any person, designated by the Administrator 
pursuant to subsection (f) of section 7 of this Act for the con-
duct of official inspection (other than appeal inspection), or sub-
section (c) of section 7A of this Act for the conduct of official 
weighing or supervision of weighing (other than appeal weigh-
ing);"; 
(3) inserting "for" immediately after "under standards pro-
vided" 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 certifi-
cates 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 fol-
lowing : "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 Sec-
retary is authorized to appoint four individuals to positions at grade 
16 of the General Schedule, in the Service.". 
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 main-
tenance" ; 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 sub-
section (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 "provi-
sions 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 fol-
lows : "All or specified functions of such inspections shall be per-
formed 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 U
S
C 79a 
(1) in subsection (b), inserting "official weighing or" immedi-
ately after "The Administrator is authorized to cause" and insert-
ing "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 per-
form 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 fol-
lows : "All or specified functions of such weighing shall be per-
formed by official inspection personnel employed by the Service 
or, except for appeals, by persons operating under a contract with 
the Service."; 
91 STAT. 1028 
PUBLIC LAW 95-113—SEPT. 29, 1977 
7 use 74.. 
7 use 79b. 
Regulations. 
7 use 79. 
7 use 84. 
eompensation. 
7 use 87. 
(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 oper-
ate" 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 fol-
lows: "Not more than one official agency or Staite delegated 
authority pursuant to subsection (c) (2) of this section for carry-
ing out the weighing provisions of this Act Shall be operaJtive ait 
one time for any geographic area as determined by the Admini-
strator 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 perform-
ance 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 insert-
ing 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 test-
ing, and similar technical functions"; and 
(2) adding at the end of subsection (e) a new sentence as fol-
lows : "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 "super-
vision 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 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1029 
(3) inserting "or State agency delegated authority under this 
Act" immediately after "official agency" in subsection (c). 
(i) Section 12 is amended by— 
7 USC 87a. 
(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— 
7 usC 87b. 
(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— 
Rules and 
(1) striking out, in subsection (a), the second sentence and all regulations, 
that follows "or other person;" in the first sentence down through 
7 USC 87e. 
"by the Administrator." and inserting in lieu thereof the follow-
ing: "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 condi-
tion for official inspection or official weighing or supervision of 
weighing, among other things, (1) that there be installed speci-
fied 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 hav-
ing 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 condi- 
' '•' 
tions prescribed by the Administrtor."; and 
(2) striking out "additional" in subsection (f). 
'
^ 
(1) Section 17A is amended by striking out "All persons registered" 7 USC 87f-l. 
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 7 U
S
C 87f-2. 
inserting "notwithstanding the provisions of section 812 of the Agri-
cultural Act of 1970, as added by the Agriculture and Consumer Pro-
tection Act of 1973 (7 U.S.C. 612c-3)," immediately after "(2)" and 
inserting "notice of" immediately after "Administrator or the Secre-
tary of". 
(n) Section 21 is amended by striking out "SEC. 21" and inserting 7 USC 87h. 
in lieu thereof "SEC. 19". 
STUDIES o r GRAIN INSPECTION AND WEIGHING; 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— 
-
91 STAT. 1030 
PUBLIC LAW 95-113—SEPT. 29, 1977 
(1) inserting in paragraph (3) "(which may include the appli-
cation of statistical tolerances for expected variations)" immedi-
ately 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 
Ante, p. 1025. 
(90 Stat 2889) is amended by— 
7 use 74 note. 
(1) striking out all that follows "SEC. 27." down through 
Effective date. 
"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 per-
son shall provide official inspection or official weighing or supervi-
sion of weighing under the United States Grain Standards Act, 
as amended by this Act, at an export port location without a dele-
gation of authority or other authorization under such amended 
Act, and no agency or person shall provide official inspection serv-
ice 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" immedi-
ately after "may continue to operate in that area without a dele-
gation or designation"; and 
(3) striking out "and export elevators located at export port 
locations" in clause (3). 
MISCELLANEOUS AMENDMENTS 
SEC. 1606. The United States Grain Standards Act is further 
amended as follows: 
7 use 75. 
(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,". 
7 use 77. 
(I3) Section 5(a) is amended by inserting "or procedures" immedi-
ately after "standards" each place it appears therein. 
7 use 78. 
^Q^ Section 6(a) is amended by striking out "factor information" 
and inserting in lieu thereof "criteria". 
7 use 79. 
^^^ Section 7(b) is amended by striking out "or quantity of sacks 
of grain,". 
7 use 79a. 
^^ Section 7A is amended by inserting in subsections (a), (b), and 
(e) "or procedures" immediately after "standards". 
7 use 84. 
^^^ Section 8(f) is amended by inserting "and weighing" immedi-
ately after "integrity of the official inspection". 
7 use 87. 
(g) Section 11(b) (4) is amended bj^ inserting "or supervision of 
weighing" immediately after "official weighing". 
7 use 87b. 
(h) Section 13(a)(6) is amended by striking out "condition, or 
quantity" and inserting in lieu thereof "or condition". 
7 use 87e, 
(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 Agricul-
ture, Nutrition, and Forestry". 
(j) Section 17B(a) is amended by inserting "and weighing" 
immediately after "inspection". 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1031 
CONFORMING AMENDMENTS 
SEC. 1607. The United States Grain Standards Act of 1976 (90 Stat. 
2874 and 2890) is amended as follows: 
(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 
semicolon at the end of clause (2). 
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 con-
tinued operations are necessary or desirable in carrying out the require-
ments 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 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 use 84. 
Ante, pp. 1025, 
1030. 
7 u s e 74 note. 
Report to 
congressional 
committees. 
Wheat and Wheat 
Foods Research 
and Nutrition 
Education Act. 
7 u s e 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 nutri-
tional 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 nutri-
tion 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 
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 manufac-
turing wheat end products. Therefore, such assessment will not signifi-
'• 
cantly 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 use 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 pro-
. > -" 
duces 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 con-
sumed 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 eco-
nomic value or nutritional benefits of wheat, processed wheat, and end 
products. 
(i) The term "Council" means the Wheat Industry Council estab-
lished 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, corpora-
tion, association, or other entity. 
(m) The term "United States" means the several States and the 
District of Columbia, including any territory or possession. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1033 
ISSUANCE OF ORDERS 
SEC. 1704. (a) Whenever the Secretary has reason to believe that 
the issuance of an order will tend to effectuate the declared policy of 
this title, the Secretary shall give due notice and opportunity for hear-
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 IN ORDERS 
SEC. 1705. Any order issued pureuant 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 
administration of appropriate plans or projects for nutrition educa-
tion, both within the United States and in international markets with 
respect to wheat, processed wheat, and end products, and for the dis-
bursement 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 refer-
ence 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 
studies with respect to sale, distribution, marketing, utilization, or 
production of wheat, processed wheat, and end products and the crea-
tion of new products thereof to the end that the marketing and utiliza-
tion of wheat, processed wheat, and end products may be encouraged, 
expanded, improved, or made more acceptable, and for the disburse-
ment of necessary funds for such purposes; 
(c) providing that processors, distributors of processed wheat, and 
end product manufacturers shall maintain and make available for 
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 appro-
priate or necessary to the effectuation, administration, or enforce-
ment of this title, or of any order or regulation issued pursuant to this 
title: Provided, That all information so obtained shall be kept con-
fidential by all officers and employees of the Department, the Council, 
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 administji-ative hearing brought at the direc-
tion, 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 
Notice and 
hearing. 
7 use 3403. 
Nutrition 
education plans. 
7 use 3404. 
Research and 
studies. 
Records and 
reports. 
Confidential 
information. 
91 STAT. 1034 
PUBLIG LAW 95-113—SEPT. 29, 1977 
Penalty. 
Assessment 
exemption. 
with reference to which the information so to be disclosed was fur-
nished 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 provi-
sions 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. 
7 use 3405. 
Wheat Industry 
Council, 
establishment 
and powers. 
Term. 
Membership. 
REQUIRED TERMS IN ORDERS 
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 enu-
merated 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, proc-
essors 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, proces-
sors, end product manufacturers, or consumers are not members of, 
or their interests are not represented by any such eligible organiza-
tions 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 representa-
tion of wheat producers, processors, end product manufacturers, 
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 
(g) of this section, develop and submit to the Secretary for 
approval any research plans or projects and nutrition education 
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 
(g) of this section, submit to the Secretary for approval budgets 
on a fiscal period basis of its anticipated expenses and disburse-
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 
this title, each end product manufacturer shall pay to the Coun-
cil, pursuant to regulations issued under the order, an assess-
ment based on the number of hundredweights of processed wheat 
purchased, including intra-company transfers of processed wheat, 
for use in the manufacture of end products, from processors, dis-
tributors, or (in the case of intra-company transfers) related com-
panies or divisions of the same company. Such assessment shall 
be used for such expenses and expenditures defined above, includ-
ing 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-com-
pany 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 proc-
essed 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 pre-
scribed by the Secretary in the order, the amount or proportion of 
processed wheat contained in such products. The rate of assess-
ment shall not exceed five cents per hundredweight of processed 
wheat purchased or transferred. The Secretary may maintain 
a suit against any person subject to such assessment for the col-
lection 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, 
which shall be available to the Secretary for inspection and audit, 
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 dis-
bursement of all funds entrusted to it; 
(g) that the Council, with the approval of the Secretary, may 
enter into contracts or agreements for the development and con-
Research and 
nutrition 
education plans. 
Budgets, 
submittal to 
Secretary of 
Agriculture. 
End product 
manufacturers, 
processed wheat 
assessment. 
Assessment, ral;e 
limitation. 
Jurisdiction. 
Record 
maintenance. 
Contracts. 
91 STAT. 1036 
PUBLIC LAW 95-113—SEPT. 29, 1977 
Investment of 
assessment 
funds. 
Lobbying 
restriction. 
Expenses, 
reimbursement. 
7 use 3406. 
"Retail baker." 
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 conti-act or agreement shall provide that the con-
tractors 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 Secre-
tary, 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 subdi-
vision thereof, in any interest-bearing account or certificate of 
deposit of a bank which is a member of the Federal Reserve Sys-
tem, 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 sec-
tion ; and 
(j) that the Council members, and alternates therefor, shall 
serve without compensation, but shall be reimbursed for their rea-
sonable expenses incurred in performing their duties as members 
of the Council. 
EXEMPTION 
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 sec-
tion, 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 manufac-
turer 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 use 3407. 
SEC. 1708. The Secretary shall conduct a referendum as soon as prac-
ticable 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 
List of eligible 
days prior to the date of the referendum. Within ten days thereafter, 
voters, 
the Secretary shall determine which end product manufacturers are 
publication. 
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. I
S
T
o 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1037 
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 two-
thirds of the total processed wheat contained in all end products 
manufactured by those voting in the referendum, during the repre-
sentative period defined by the Secretary: Provided^ That at the time of 
the registration provided under this section each end product manufac-
turer 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 Coun-
cil 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. 
Processed wheat 
certification. 
Voters lists and 
ballots, retention. 
REFUND 
Publication in 
Federal Register. 
7 use 3408. 
SEC. 1709. (a) Subsequent to the approval by the Secretary of the 
annual budget of the Council or amendments thereto, a summary of 
such budget or amendments thereto, including a brief general descrip-
tion of the proposed research and nutrition education programs con-
templated 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 sixty-
day 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 provi-
sion 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. 
91 STAT. 1038 
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. 
Review 
(b) The district courts of the United States in any district in which 
jurisdiction. 
such person is an inhabitant, or has his principal place of business, are 
hereby vested with jurisdiction to review such ruling, provided a com-
plaint 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 direc-
tions 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. 
Jurisdiction. 
7 use 3410. 
Penalty. 
ENFORCEMENT 
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 appro-
priate 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 use 3411. 
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. 
Referendum. 
(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 deter-
mine whether such manufacturers favor the termination or sus-
pension of the order, and the Secretary shall suspend or terminate 
such order within six months after the Secreta,ry determines that 
suspension or termination of the order is approved or favored by a 
majority of the end product manufacturers voting in such referen-
dum 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-
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 anjr 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 con-
stitute 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 admin-
ister 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 con-
tumacy 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 investi-
gation. 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 pei-son 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, shaU 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. 
91 STAT. 1040 
PUBLIC LAW 95-113—SEPT. 29, 197' 
Non-consumer 
organization, 
primary 
eligibility 
consideration. 
Consumer 
organization, 
primary 
eligibility 
consideration. 
7 use 3414. 
(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 mem-
bership 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 con-
sumer's, witli active membership participation on a regular basis, 
and (3) the organization has demonstrated to the Secretary's sat-
isfaction its commitment to the achievement of the objectives of 
this title. 
EFFECT ON OTHER PROGRAMS 
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 operat-
ing under the laws of the United States or any State. 
REGULATIONS 
7 use 3415. 
SEC. 1716. The Secretary is authorized to issue such regulations as 
may be necessary to carry out the provisions of this title. 
PROVISIONS APPLICABLE TO AMENDMENTS 
7 use 3416. 
SEC. I7l7. The provisions of this title applicable to orders shall be 
applicable to amendments to orders. 
SEPARABILmr 
7 use 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 use 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. 
PUBLIC LAW 95-113—SEPT. 29, 1977 
91 STAT. 1041 
TITLE XVIII—DEPARTMENT OF AGRICULTURE 
ADVISORY COMMITTEES 
PURPOSES 
SEC.1801. The purposes of this title are to— 
7 USC 2281. 
(1) require strict financial and program accounting by advisory 
committees o f 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. 
DEFINITIONS 
SEC. 1802. When used in this title— 
^ 
7 U
S
C 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 U
S
C 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 
SEO. 1804. In addition to any responsibilities which the Secretary 
7 U
S
C 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 advi-
sory committees; and 
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 use 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 appro-
priate committees of Congress having legislative jurisdiction or over-
sight 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 
OPERATING COSTS 
7 use 2286. 
gjjc. 1806. In addition to complying with other requirements of 
5 use app. 1. 
section 9(c)(G) of the Federal Advisory Committee Act, each advi-
sory committee shall provide the following information to the Secre-
tary 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 employ-
ees in attending meetings of the advisory committee, includ-
ing travel performed in support of the advisory committee's 
operation; and 
(D) all expenses that will be paid annually by sources out-
side the Government, including, but not limited to, expenses 
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. 
ANNUAL REPORT 
SEC. 1807. (a) In addition to the other requirements of section 10 
of the Federal Advisory Committee Act, as amended, each advisory 
committee within the Department of Agriculture, including all advi-
sory committees as defined in section 1802(3) of this title and all other 
advisory committees within the Department of Agriculture estab-
lished by statute or reorganization plan or established by the Presi-
dent, 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 immedi-
ately 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 
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 Agricul-
ture 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 com-
mittee members, guest presenters, or other advisors or assist-
ants 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 advi-
sory 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 
Secretary, the appropriate committees of Congress having legislative 
jurisdiction or oversight with respect to the agency within the Depart-
7 use 2287. 
5 u s e app. 1. 
Itemized costs. 
Transmittal to 
Secretary and 
congressional 
committees. 
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 use 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 explana-
tion 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 imder 
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 use 2289. 
SEC. 1809. (a) The Secretary shall terminate any advisory commit-
tee upon a finding that any such advisory committee— 
(1) has expended funds in excess of its estimated annual operat-
ing costs by more than 10 per centum or $500, whichever is greater, 
without having obtained the prior approval of the Secretary pur-
suant 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 
5 use app. 1. 
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 sec-
5 use app. 1. 
tion 9 of the Federal Advisory Committee Act. If an advisory com-
mittee 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. 
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 use 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.