the Secretary is empowered to administer 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 inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, including an egg producer, the Secretary 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 investigation. 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 person is an inhabitant or wherever he may be found. SEPARABILITY 88 STAT. 1179 SEC. 19. If any provision of this Act or the application thereof to 7 USC 2701 any person or circumstances is held invalid, the validity of the note. remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. AUTHORIZATION SEC. 20. There is 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 Act. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Egg Board in administering any provisions of any order issued pursuant to the terms of this Act. EFFECTIVE DATE SEC. 21. This Act shall take effect upon enactment. 7 USC 2718. Expense payments to Egg Board, pro hibition. 7 USC 2701 note. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-1032 (Comm. on Agriculture). SENATE REPORT No. 93-1109 (Comm. on Agriculture and Forestry). May 15, considered and passed House. Aug. 22, considered and passed Senate, amended. Sept. 17, House concurred in Senate amendments. Public Law 93-464 93rd Congress, H. R. 16857 October 24, 1974 An Act To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1974 in certain disaster areas in North Carolina. 88 STAT. 1416 Acreage allotments or quotas, N.C., lease and 7 USC 1314b. transfer. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316 Tobacco. of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following new subsection (h): "(h) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind, tornado, or other natural disaster, the Secretary determines (1) that one of the counties hereinafter listed has suffered a loss of 10 per centum or more in the number of acres of tobacco planted, and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within Craven, Carteret and Jones Counties, North Carolina, which has suffered a loss of 10 per centum or more in the number of acres of tobacco planted of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county, or nearby counties within the same State, for use in such counties for the year 1974 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another county pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of this subsection.". Approved October 24, 1974. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 120 (1974): Oot. 9, considered and passed House. 93rd Congress, S. 3202 December 7, 1974 An Act To amend the Farm Labor Contractor Registration Act of 1963 to provide for the extension of coverage and to further effectuate the enforcement of such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Farm Labor Contractor Registration Act Amendments of 1974". (b) Unless the context otherwise requires, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision the reference shall be considered to be made to a section or other provision of the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.). SEC. 2. Section 3 of the Act is amended by striking out the word 7 USC 2042. "interstate" each place where it appears therein. The first sentence of section 3(b) is amended to delete therefrom the phrase "ten or more" and the phrase "at any one time in any calendar year". The second sentence of section 3(b) is amended to read as follows: "Such term shall not include "(1) any nonprofit charitable organization, public or nonprofit private educational institution, or similar organization; 88 STAT. 1652 "(2) any farmer, processor, canner, ginner, packing shed oper- 88 STAT. 1653 ator, or nurseryman who personally engages in any such activity for the purpose of supplying migrant workers solely for his own operation; "(3) any full-time or regular employe of any entity referred to in (1) or (2) above who engages in such activity solely for his employer on no more than an incidental basis; "(4) any person who engages in any such activity (A) solely within a twenty-five mile intrastate radius of his permanent place of residence and (B) for not more than thirteen weeks per year; "(5) any person who engages in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States if the employment is subject to "(A) an agreement between the United States and such foreign nation; or "(B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for through the United States by an instrumentality of such foreign nation; "(6) any full-time or regular employee of any person holding a certificate of registration under this Act; or "(7) any common carrier or any full-time regular employee thereof engaged solely in the transportation of migrant workers." SEC. 3. Section 3(d) of the Act is amended to read as follows: "(d) The term 'agricultural employment' means employment in "Agricultural any service or activity included within the provisions of section 3 (f) employment." of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (f)), or section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.". SEC. 4. Section 4 of the Act is amended by adding at the end thereof 7 USC 2042. the following new subsections: Certificate of registration. 7 USC 2044. Filing of statement. 88 STAT. 1653 88 STAT. 1654 Insurance Goverage. 49 USC prec. 1 note. Regulations. Denial or revocation of oertificate. "(c) No person shall engage the services of any farm labor contractor to supply farm laborers unless he first determines that the farm labor contractor possesses a certificate from the Secretary that is in full force and effect at the time he contracts with the farm labor contractor. "(d) Upon determination by the Secretary that any person knowingly has engaged the services of any farm labor contractor who does not possess such certificate as required by subsection (c) of this section, the Secretary is authorized to deny such person the facilities and services authorized by the Act of June 6, 1933 (48 Stat. 113; 29 U.S.C. 49 et seq.), commonly referred to as the Wagner-Peyser Act, for period of up to three years.". SEC. 5. Section 5(a) is amended by (1) striking the word "and" after paragraph (2), (2) striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) adding the following new paragraphs: "(4) has filed, under such terms as the Secretary may prescribe, a statement identifying each vehicle to be used by the applicant for the transportation of migrant workers, and all real property to be used by the applicant for the housing of migrant workers, during the period for which registration is sought, along with proof that every such vehicle and all such housing currently conform to all applicable Federal and State safety and health standards to the extent that such vehicle and all such housing are under the applicant's ownership or control; and "(5) has consented to designation of the Secretary as the agent available to accept service of summons in any action against such farm labor contractor at any and all times during which such farm labor contractor has departed from the jurisdiction in which such action is commenced or otherwise has become unavailable to accept service, under such terms and conditions as are set by the court in which such action has been commenced.". SEC. 6. Section 5(a) (2) is amended by striking the second sentence and inserting in lieu thereof the following: "In no event shall the amount of such insurance be less than the amount currently applicable to vehicles used in the transportation of passengers in interstate commerce under the Interstate Commerce Act and regulations promulgated pursuant thereto, or amounts offering comparable protection to persons or property from damages arising out of the applicant's ownership of, operation of, or his causing to be operated any vehicle as provided herewith: Provided, That the Secretary shall have the discretion to issue regulations requiring insurance in the highest amounts feasible which are less than the amounts currently applicable to vehicles used in the transportation of passengers in interstate commerce under the Interstate Commerce Act and regulations promulgated pursuant thereto, if the Secretary, after due and careful consideration, determines that the insurance coverage in such amounts is not available to farm labor contractors in the same manner and in the same amounts as such coverage is available to other carriers used to transport passengers in interstate commerce;". SEC. 7. Section 5 (b) is amended by (1) striking "or" at the end of paragraph (9); (2) striking the period at the end of paragraph (10) and inserting a semicolon in lieu thereof; and (3) adding after paragraph (10) the following new paragraphs: "(11) is not in fact the real party in interest in any such application or certificate of registration and that the real party in interest is a person, firm, partnership, association, or corporation who previously has been denied a certificate of registration, has had a certificate of registration suspended or revoked, or who does not presently qualify for a certificate or registration; or "(12) has used a vehicle for the transportation of migrant workers, or has used real property for the housing of migrant workers, while such vehicle or real property failed to conform to all applicable Federal and State safety and health standards, to the extent any such vehicle or real property has come within the ownership or control of such farm labor contractor." (4) striking "or prostitution", at the end of paragraph (7) and adding in lieu thereof the following: "prostitution, or peonage; where the date of the judgment of conviction of any crime as specified herein has been entered within a period of five years preceding the action of the Secretary under this subsection"; 88 STAT. 1654 (5) striking all after the word "utilized" in paragraph (6) and 88 STAT. 1655 inserting in lieu thereof the following: ", with knowledge, the services of any person, who is an alien not lawfully admitted for permanent residence, or who has not been authorized by the Attorney General to accept employment;". SEC. 8. Section 5 is amended by adding at the end thereof the 7 USC 2044. following new subsection: Publiu central "(d) Persons issued a certificate of registration under this section shall provide the Secretary a notice of each and every address change within ten days after such change. The Secretary shall maintain a public central registry of all persons issued certificates of registration registry. under this section. Persons issued a certificate of registration under this section shall provide to the Secretary documentation required under section 5(a)(4) of the Act applicable to any vehicle which the applicant obtains for use in the transportation of migrant workers and any real property which the applicant obtains or learns will be used for the housing of migrant workers during the period for which the certificate of registration is issued, within ten days after he obtains or learns of the intended use of such vehicle or real property, to the extent that such vehicle or such real property is under the ownership of control of such persons who have been issued certificates of registration.". SEC. 9. Section 6(a) of the Act is amended by inserting immediately 7 USC 2045. before the semicolon at the end thereof the following: "and shall be denied the facilities and services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.), upon refusal or failure to exhibit the same". SEC. 10. Section 6(b) of the Act is amended by striking the word Disclosure of "and" before paragraph (5), and by striking the semicolon at the end information. of paragraph (5) and adding at the end thereof the following: "(6) the period of employment, (7) the existence of a strike or other concerted stoppage, slowdown, or interruption of operations by employees at a place of contracted employment, and (8) the existence of any arrangements with any owner, proprietor, or agent of any commercial or retail establishment in the area of employment under which he is to receive a commission or any other benefit resulting from any sales provided to such commercial or retail establishment from the migrant |