Изображения страниц
PDF
EPUB

88th Congress, H. R. 40

July 22, 1963

An Act

To assist the States to provide additional facilities for research at the State agricultural experiment stations.

Be it enacted by the Senate and House of Representatives of the

I'nited States of America in l'ongress assembled, That it is hereby Agricultural exdeclared to be the policy of the Congress to continue its support of periment staagricultural research at the State agricultural experiment stations tions. through Federal-grant funds, on a matching basis, to help finance Research facilphysical facilities as required for the effective conduct of an adequate ities. research program.

SEC. 2. The purpose of this Act is to assist the State agricultural experiment stations in the construction, acquisition, and remodeling of buildings, laboratories, and other capital facilities (including the acquisition of fixtures and equipment which are to become a part of such buildings) which are necessary to more effectively conduct research in agriculture and sciences related thereto through means of grants from the Federal Government.

SEC. 3. As used in sections 2 to 11, inclusive, of this Act(1) the term "State" shall include Puerto Rico;

(2) the term "State agricultural experiment station" means a department established under the direction of a college or university in any State in accordance with the Act entitled “An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic

Definitions.

arts", approved July 2, 1862 (7 U.S.C. 301); or a department 12 Stat. 503. otherwise established pursuant to standards prescribed by the

State the purpose of which is to conduct agricultural research: 77 STAT. 90. and

(3) the term "Secretary" shall mean the Secretary of Agri

culture.

77 STAT. 91.

SEC. 4. (a) There are hereby authorized to be appropriated for allo- Allocation of cation to the States for the purposes of section 2 such sums as the funds. Congress deems advisable.

(b) (1) One-third of the funds appropriated pursuant to this section for any fiscal year shall be allotted equally among the States.

(2) Two-thirds of the funds appropriated pursuant to this section for any fiscal year shall be allocated among the States as follows: Onehalf in an amount which bears the same ratio to the total amount to be allotted as the rural population of the State bears to the total rural population of all the States as determined by the last preceding decennial census current at the time each such sum is first appropri ated; 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 bears to the total farm population of all the States as determined by the last preceding decennial census current at the time such sum is first appropriated.

(c) It shall be the duty and responsibility of the Secretary to administer the provisions of section 4 of this Act under such rules and regulations as he may prescribe as necessary therefor.

SEC. 5. Any State in order to be eligible for payments from funds Eligibility. allocated pursuant to section 4 shall submit, in such form as the Secretary may require, specific proposals for acquisition or construction of physical facilities defined in section 2 of this Act. No State shall receive any payment for any such proposal unless such proposal is approved by the Secretary.

SEC. 6. (a) No payment shall be made to any State under the pro- Matching visions of section 4 of this Actʼin any amount greater than the amount funds.

Multiple-purpose facilities.

Notification to States.

Administrative

made available by such State from non-Federal funds for purposes for which payments are made under section 4 of this Act.

(b) Any unused portion of the allotment of any State for any fiscal year shall remain available, at the option of such State, for payment to such State for a period of not more than two 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 agricultural 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 allocation to States under the provisions of section 4 and section 6 of this Act, the Secretary shall ascertain, at the earliest practicable date during such year, the amount of the allocation to which each State is entitled, and shall notify each State in writing promptly thereafter as to the amount of such allocation.

SEC. 9. (a) Any State agricultural experiment station authorized officer, duties. to receive payments under the provisions of section 4 of this Act shall have a chief administrative officer, to be known as a director, and a treasurer or other officer appointed by the governing board of such station. Such treasurer or other officer shall receive and account for all funds paid to such station pursuant to the provisions of this Act, and shall submit a report, approved by the director of such station, to the Secretary on or before the first day of September of each year. Such report shall contain a detailed statement of the amount received under the provisions of this Act during the preceding fiscal year, and of its disbursements on schedules prescribed by the Secretary.

Report to
Secretary.

77 STAT. 91. 77 STAT. 92.

Report to
Congress.

Appropriation authorization.

(b) If any portion of the allotted funds received by the authorized receiving officer of any State agricultural experiment station shall by any action or contingency be diminished, lost, or misapplied, it shall be repaid by the State concerned, and until repaid no part of any subsequent appropriation shall be allocated or paid to such State.

SEC. 10. The Secretary shall make an annual report to the Congress during the first regular session of each year with respect to (1) payments made under this Act, (2) the facilities, by States, for which such payments were made, and (3) whether any portion of the appropriation available for allotment to any State has been withheld and, if so, the reasons therefor.

SEC. 11. (a) Any agricultural experiment station established by State law shall be eligible for benefits under this Act.

(b) With respect to any State in which more than one agricultural experiment station has been established, any appropriations allocated for the use of such State pursuant to the provisions of this Act shall be divided between or among such institutions as the legislature of such State shall direct.

SEC. 12. There is hereby authorized to be appropriated such sums as may be necessary for proper administration of this Act.

Approved July 22, 1963.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 271 (Agriculture Comm.).

SENATE REPORT No. 288 (Agriculture & Forestry Comm.).
CONGRESSIONAL RECORD, Vol. 109 (1963):

May 6: Considered and passed House.

July 10: Considered and passed Senate.

88th Congress, S. 1703
December 13, 1963

An Act

77 STAT. 363.

To amend title V of the Agricultural Act of 1949, as amended, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 510 Mexican farm of the Agricultural Act of 1949, as amended, is amended by striking labor program. "December 31, 1963" and inserting "December 31, 1964”. Approved December 13, 1963.

Extension.

75 Stat. 761.

7 USC 1461 note.

LEGISLATIVE HISTORY:

HOUSE REPORT No.722 accompanying H.R. 8195 (Comm. on Agriculture).
SENATE REPORT Nos. 372 and 391 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 109 (1963):

Aug. 15: Considered and passed Senate.

Oct. 31: Considered and passed House amended in lieu of

Deo.

Deo.

H.R. 8195.

3: Senate debated motion to concur in House amendment.
4: Senate agreed to House amendment.

88th Congress, S. 1605

May 12, 1964

An Act

To amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, to provide for labeling of economic poisons with registration numbers, to eliminate registration under protest, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section Federal Insecti2.z.(2)(b) of the Federal Insecticide, Fungicide, and Rodenticide oide, Fungicide, Act (61 Stat. 163, as amended, 7 U.S.C., 1958 ed., Supp. III, and Rodenticide 135 (z)(2)(b)) is hereby amended by inserting before the semicolon Aot, amendment. at the end thereof the following phrase: "other than the registration 73 Stat. 287. number assigned to the economic poison".

SEC. 2. Section 3 of said Act (61 Stat. 166; 7 U.S.C. 135a) is hereby amended by deleting the word "and" at the end of section 3.a. (2) (b), deleting the period at the end of section 3.a. (2) (c) and inserting in lieu thereof a semicolon and the word "and", and adding after section 3.a. (2) (c), a new provision reading as follows: "(d) when required by regulation of the Secretary to effectuate the purposes of this Act, the registration number assigned to the article under this Act."

Economie poisons.

SEC. 3. Section 4 of said Act (61 Stat. 167; 7 U.S.C. 135b) is hereby Registration amended by changing the word "registrant" wherever it appears in and labeling. subsection a. and in the first sentence of subsection c. to "applicant for registration" and by deleting the remainder of subsection c. and inserting in lieu thereof the following:

"If, upon receipt of such notice, the applicant for registration does not make the corrections, the Secretary shall refuse to register the article. The Secretary, in accordance with the procedures specified herein, may suspend or cancel the registration of an economic poison whenever it does not appear that the article or its labeling or other material required to be submitted complies with the provisions of this Act. Whenever the Secretary refuses registration of an economic poison or determines that registration of an economic poison should be canceled, he shall notify the applicant for registration or the registrant

of his action and the reasons therefor. Whenever an application for Appeal registration is refused, the applicant, within thirty days after service procedures. of notice of such refusal, may file a petition requesting that the matter

be referred to an advisory committee or file objections and request a

public hearing in accordance with this section. A cancellation of 78 STAT. 190. registration shall be effective thirty days after service of the foregoing 78 STAT. 191. notice unless within such time the registrant (1) makes the necessary corrections; (2) files a petition requesting that the matter be referred

to an advisory committee; or (3) files objections and requests a public

hearing. Each advisory committee shall be composed of experts, qual- Advisory
ified in the subject matter and of adequately diversified professional committees.
background selected by the National Academy of Sciences and shall
include one or more representatives from land-grant colleges. The

size of the committee shall be determined by the Secretary. Members Compensation.
of an advisory committee shall receive as compensation for their serv-
ices a reasonable per diem, which the Secretary shall by rules and regu-
lations prescribe, for time actually spent in the work of the committee,
and shall in addition be reimbursed for their necessary traveling and
subsistence expenses while so serving away from their places of resi-
dence, all of which costs may be assessed against the petitioner, unless
the committee shall recommend in favor of the petitioner or unless the
matter was referred to the advisory committee by the Secretary. The
members shall not be subject to any other provisions of law regarding
the appointment and compensation of employees of the United States.

Findings of fact.

Public hearings.

60 Stat. 241.

Findings and conclusions.

78 STAT. 191. 78 STAT. 192.

61 Stat. 366, 7 USC 135a.

The Secretary shall furnish the committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedures to be followed by the committee. The Secretary shall forthwith submit to such committee the application for registration of the article and all relevant data before him. The petitioner, as well as representatives of the United States Department of Agriculture, shall have the right to consult with the advisory committee. As soon as practicable after any such submission, but not later than sixty days thereafter, unless extended by the Secretary for an additional sixty days, the committee shall, after independent study of the data submitted by the Secretary and all other pertinent information available to it, submit a report and recommendation to the Secretary as to the registration of the article, together with all underlying data and a statement of the reasons or basis for the recommendations. After due consideration of the views of the committee and all other data before him, the Secretary shall, within ninety days after receipt of the report and recommendations of the advisory committee, make his determination and issue an order, with findings of fact, with respect to registration of the article and notify the applicant for registration or registrant. The applicant for registration, or registrant, may, within sixty days from the date of the order of the Secretary, file objections thereto and request a public hearing thereon. In the event a hearing is requested, the Secretary shall, after due notice, hold such public hearing for the purpose of receiving evidence relevant and material to the issues raised by such objections. Any report, recommendations, underlying data, and reasons certified to the Secretary by an advisory committee shall be made a part of the record of the hearing, if relevant and material, subject to the provisions of section 7(c) of the Adminis trative Procedure Act (5 U.S.C. 1006 (c)). The National Academy of Sciences shall designate a member of the advisory committee to appear and testify at any such hearing with respect to the report and recommendations of such committee upon request of the Secretary, the petitioner, or the officer conducting the hearing: Provided, That this shall not preclude any other member of the advisory committee from appearing and testifying at such hearing. As soon as practicable after completion of the hearing, but not later than ninety days, the Secretary shall evaluate the data and reports before him, act upon such objec tions and issue an order granting, denying, or canceling the registration or requiring modification of the claims or the labeling. Such order shall be based only on substantial evidence of record at such hearing, including any report, recommendations, underlying data, and reason certified to the Secretary by an advisory committee, and shall set forth detailed findings of fact upon which the order is based. In connection with consideration of any registration or application for registration under this section, the Secretary may consult with any other Federal agency or with an advisory committee appointed as herein provided. Notwithstanding the provisions of section 3.c.(4), information relative to formulas of products acquired by authority of this section may be revealed, when necessary under this section, to an advisory committee, or to any Federal agency consulted, or at a public hearing, or in findings of fact issued by the Secretary. All data submitted to an

« ПредыдущаяПродолжить »