Us Code § 178n - Administration and funding

Full text of Us Code United States Code § 178n — Administration and funding, with citation guidance and answers to common questions.

§ 178n. Administration and funding

(a) Authorization of appropriations to Secretary of Agriculture

There are authorized to be appropriated to the Secretary of Agriculture to carry out this subchapter—

(1) such sums as are necessary for each of fiscal years 1991 through 2013; and

(2) $2,000,000 for each of fiscal years 2014 through 2023.

(b) Administration and management

No more than 3 per centum of funds authorized under subsection (a) shall be available for administration and management of the program.

(c) Contract authority as limited by amounts provided in appropriations acts

Notwithstanding any other provision of this subchapter the authority to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts.

(d) Activities limited to critical materials other than native latex after fiscal 1988

Notwithstanding any other provision of this subchapter, the Secretaries and the Joint Commission shall limit their activities under this subchapter to critical agricultural materials other than native latex after the close of the fiscal year ending September 30, 1988.

(Pub. L. 95–592, §16, Nov. 4, 1978, 92 Stat. 2534; Pub. L. 98–284, §15, May 16, 1984, 98 Stat. 184; Pub. L. 101–624, title XVI, §1601(e), Nov. 28, 1990, 104 Stat. 3704; Pub. L. 104–127, title VIII, §881(b), Apr. 4, 1996, 110 Stat. 1175; Pub. L. 105–185, title III, §301(c), June 23, 1998, 112 Stat. 563; Pub. L. 107–171, title VII, §7138, May 13, 2002, 116 Stat. 436; Pub. L. 110–234, title VII, §7401, May 22, 2008, 122 Stat. 1245; Pub. L. 110–246, §4(a), title VII, §7401, June 18, 2008, 122 Stat. 1664, 2007; Pub. L. 113–79, title VII, §7401, Feb. 7, 2014, 128 Stat. 893; Pub. L. 115–334, title VII, §7501(b), Dec. 20, 2018, 132 Stat. 4819.)


Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (a). Pub. L. 113–79 struck out "such sums as are necessary" after "Agriculture", substituted "subchapter—" for "subchapter in each of the fiscal years 1991 through 2012.", and added pars. (1) and (2).

2008—Subsec. (a). Pub. L. 110–246, §7401, substituted "2012" for "2007".

2002—Subsec. (a). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (a). Pub. L. 105–185 substituted "2002" for "1997".

1996—Subsec. (a). Pub. L. 104–127 substituted "1997" for "1995".

1990—Subsec. (a). Pub. L. 101–624, §1601(e)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "There is authorized to be appropriated to the Secretary of Agriculture $2,500,000 for each of the fiscal years ending September 30, 1980, and September 30, 1981, $5,000,000 for each of the fiscal years ending September 30, 1982, and September 30, 1983, $5,000,000 for the fiscal year ending September 30, 1984, $5,500,000 for the fiscal year ending September 30, 1985, $6,500,000 for the fiscal year ending September 30, 1986, $7,500,000 for the fiscal year ending September 30, 1987, and $8,000,000 for the fiscal year ending September 30, 1988, to carry out the purposes of this subchapter. Funds appropriated under this paragraph shall be available for obligation until the last day of the fiscal year after the year for which such funds are authorized."

Subsec. (b). Pub. L. 101–624, §1601(e)(2)–(4), redesignated subsec. (c) as (b) and substituted "subsection (a)" for "subsections (a) and (b)", and struck out former subsec. (b) which read as follows: "There is authorized to be appropriated to the Secretary of Commerce $2,500,000 for each of the fiscal years ending September 30, 1980, and September 30, 1981, $5,000,000 for each of the fiscal years ending September 30, 1982, and September 30, 1983, $2,500,000 for the fiscal year ending September 30, 1984, $3,000,000 for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal year ending September 30, 1986, $4,000,000 for the fiscal year ending September 30, 1987, and $4,500,000 for the fiscal year ending September 30, 1988, to carry out the purposes of this subchapter. Funds appropriated under this paragraph shall be available for obligation until the last day of the fiscal year after the year for which such funds are authorized."

Subsecs. (c) to (e). Pub. L. 101–624, §1601(e)(4), redesignated subsecs. (c) to (e) as (b) to (d), respectively.

1984—Subsec. (a). Pub. L. 98–284, §15(a), inserted "$5,000,000 for the fiscal year ending September 30, 1984, $5,500,000 for the fiscal year ending September 30, 1985, $6,500,000 for the fiscal year ending September 30, 1986, $7,500,000 for the fiscal year ending September 30, 1987, and $8,000,000 for the fiscal year ending September 30, 1988," and struck out "and" after "1981,".

Subsec. (b). Pub. L. 98–284, §15(b), inserted "$2,500,000 for the fiscal year ending September 30, 1984, $3,000,000 for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal year ending September 30, 1986, $4,000,000 for the fiscal year ending September 30, 1987, and $4,500,000 for the fiscal year ending September 30, 1988," and struck out "and" after "1981,".

Subsec. (e). Pub. L. 98–284, §15(c), added subsec. (e).


Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

CHAPTER 9—PACKERS AND STOCKYARDS

SUBCHAPTER I—GENERAL DEFINITIONS

Sec.
181.
Short title.
182.
Definitions.
183.
When transaction deemed in commerce; "State" defined.

        

SUBCHAPTER II—PACKERS GENERALLY

Part A—General Provisions

191.
"Packer" defined.
192.
Unlawful practices enumerated.
193.
Procedure before Secretary for violations.
194.
Conclusiveness of order; appeal and review.
195.
Punishment for violation of order.
196.
Statutory trust established; livestock.
197.
Statutory trust established; poultry.
197a.
Production contracts.
197b.
Choice of law and venue.
197c.
Arbitration.

        

Part B—Swine Packer Marketing Contracts

198.
Definitions.
198a.
Swine packer marketing contracts offered to producers.
198b.
Report on the Secretary's jurisdiction, power, duties, and authorities.

        

SUBCHAPTER III—STOCKYARDS AND STOCKYARD DEALERS

201.
"Stockyard owner"; "stockyard services"; "market agency"; "dealer"; defined.
202.
"Stockyard" defined; determination by Secretary as to particular yard.
203.
Activity as stockyard dealer or market agency; benefits to business and welfare of stockyard; registration; penalty for failure to register.
204.
Bond and suspension of registrants.
205.
General duty as to services; revocation of registration.
206.
Rates and charges generally; discrimination.
207.
Schedule of rates.
208.
Unreasonable or discriminatory practices generally; rights of stockyard owner of management and regulation.
209.
Liability to individuals for violations; enforcement generally.
210.
Proceedings before Secretary for violations.
211.
Order of Secretary as to charges or practices; prescribing rates and practices generally.
212.
Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce.
213.
Prevention of unfair, discriminatory, or deceptive practices.
214.
Effective date of orders.
215.
Failure to obey orders; punishment.
216.
Proceedings to enforce orders; injunction.
217.
Proceedings for suspension of orders.
217a.
Fees for inspection of brands or marks.
217b.
Statutory trust established; dealer.

        

SUBCHAPTER IV—LIVE POULTRY DEALERS AND HANDLERS

218 to 218d. Repealed.

        

SUBCHAPTER V—GENERAL PROVISIONS

221.
Accounts and records of business; punishment for failure to keep.
222.
Federal Trade Commission powers adopted for enforcement of chapter.
223.
Responsibility of principal for act or omission of agent.
224.
Attorney General to institute court proceedings for enforcement.
225.
Laws unaffected.
226.
Powers of Interstate Commerce Commission unaffected.
227.
Powers of Federal Trade Commission and Secretary of Agriculture.
228.
Authority of Secretary.
228a.
Authority of Secretary to request temporary injunction or restraining order.
228b.
Prompt payment for purchase of livestock.
228b–1.
Final date for making payment to cash seller or poultry grower.
228b–2.
Violations by live poultry dealers.
228b–3.
Judicial review of order regarding live poultry dealer.
228b–4.
Violation of final order by live poultry dealer; penalty.
228c.
Federal preemption of State and local requirements.
228d.
Annual assessment of cattle and hog industries.
229, 229a.
Repealed.
229b.
Right to discuss terms of contract.
229c.
Separability.

        

SUBCHAPTER VI—CHARGE FOR INSPECTION

231.
Omitted.

        

Executive Documents

Transfer of Functions

Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, §301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note set out under section 391 of this title.

By order of Secretary of Agriculture, Packers and Stockyards Administration abolished on July 1, 1927, and enforcement of Packers and Stockyards Act of 1921, which is classified to this chapter, was put under control of chief of Bureau of Animal Industry.

SUBCHAPTER I—GENERAL DEFINITIONS

About This Section

7 U.S.C. § 178n is part of Title 7 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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