DEPARTMENTAL VIEWS The report of the Department of Agriculture recommending enactment of the bill is as follows: DEPARTMENT OF AGRICULTURE, Senator ALLEN J. ELLENDER, OFFICE OF THE SECRETARY, Chairman, Committee on Agriculture and Forestry, DEAR MR. CHAIRMAN: This is in reply to your request of May 26, for a report on S. 2226, a bill providing amendments to the Agricultural Adjustment Act of 1938, as amended, concerning the revision of farm marketing quotas by review committees. This Department recommends that the bill be passed. The draft bill would amend section 363 of the Agricultural Adjustment Act of 1938, as amended, to authorize the Secretary to select review committeemen from any county in a State. Existing law limits the Secretary to selection of review committeemen "from the same or nearby counties." This proposal, if enacted, would give the Secretary greater flexibility in the selection of review committee members thereby expediting the hearing of complaints. The draft bill would also amend section 365 of the Agricultural Adjustment Act of 1938, as amended, to authorize the Secretary to institute proceedings to obtain judicial review of a review committee determination which he believes is contrary to applicable statutes and regulations. Under existing statutes the farmer may institute proceedings to obtain judicial review; however, such authority is not provided for the Secretary. At present there is no way for the Government to pursue its case even when it is obvious that the review committee determination is contrary to law and regulations. Although we foresee relatively few cases where the Secretary would need to request judicial review, we think it important that he have authority to do so. Enactment of S. 2226 would not require additional funds and would strengthen the review provisions authorized by the act. The Bureau of the Budget advises that there is no objection to the presentation of this proposed legislation from the standpoint of the administration's program. Sincerely yours, J. PHIL CAMPBELL, Acting Secretary. CHANGES IN EXISTING LAW In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): S. Rept. 91-421 SEC. 363. Any farmer who is dissatisfied with his farm marketing quota may, within fifteen days after mailing to him of notice as provided in section 362, have such quota reviewed by a local review committee composed of three farmers [from the same or nearby counties] from the State appointed by the Secretary. Such committee shall not include any member of the local committee which determined the farm acreage allotment, the normal yield, or the farm marketing quota for such farm. Unless application for review is made within such period, the original determination of the farm marketing quota shall be final. SEC. 365. If the farmer is dissatisfied with the determination of the review committee, he may, within fifteen days after a notice of such determination is mailed to him by registered mail or by certified mail, file a bill in equity against the review committee as defendant in the United States district court, or institute proceedings for review in any court of record of the State having general jurisdiction, sitting in the county or the district in which his farm is located, for the purpose of obtaining a review of such determination. Bond shall be given in an amount and with surety satisfactory to the court to secure the United States for the cost of the proceeding. The bill of complaint in such proceeding may be served by delivering a copy thereof to any one of the members of the review committee. The Secretary may, within forty-five days after notice of the determination is mailed to the farmer, institute proceedings against the farmer as defendant in the United States district court to obtain a review of any review committee determination. [Thereupon] Upon the institution of court proceedings under this section the review committee shall certify and file in the court a transcript of the record upon which the determination complained of was made, together with its findings of fact. ESTABLISH A CABINET COMMITTEE ON OPPORTUNITIES FOR SPANISH-SPEAKING PEOPLE SEPTEMBER 23, 1969.-Ordered to be printed Mr. RIBICOFF, from the Committee on Government Operations, submitted the following REPORT [To accompany S. 740] The Committee on Government Operations, to which was referred the bill (S. 740) to establish an Interagency Committee on MexicanAmerican Affairs, having considered the same, reports favorably thereon with an amendment. The amendment is in the nature of a substitute. PURPOSE S. 740, as amended, is designed (1) to insure that Federal programs are reaching and providing the necessary assistance for all Spanishspeaking and Spanish-surnamed Americans, including Mexican, Puerto Rican, and Cuban Americans; (2) to provide for the development of new programs which may be necessary to meet the problems which are unique to such persons; and (3) to give impetus to an integrated, Government-wide effort of assistance to such groups by providing for the establishment by law of a permanent body-the Cabinet Committee on Opportunitites for Spanish-Speaking People to replace the Interagency Committee on Mexican-American Affairs, established by Presidential memorandum in 1967. The principal functions of the proposed Cabinet Committee would be to advise Federal departments and agencies regarding (1) appropriate action to be taken to assure that Federal programs are providing the assistance required by such Spanish Americans, and (2) the development and implementation of comprehensive and coordinated policies, plans, and programs focusing on the special problems and needs of the Spanish-American community. In connection therewith, the Committee would be authorized to foster such surveys, studies, research and demonstration, and technical assistance projects and establish and promote such relationships with and participation by State and local governments and the private sector as may be appropriate to identify and assist in solving the special problems of the people concerned. The Committee would be required to meet at least quarterly each year and to submit to the President and the Congress an annual report of its activities during the preceding year, including appropriate recommendations. The Committee would be composed of seven Cabinet membersthe Secretaries of Agriculture, Commerce, HEW, HUD, Labor, Treasury, and the Attorney General-and the Director of the Office of Economic Opportunity; the Administrator of the Small Business Administration; the Chairman of the Civil Service Commission; the Commissioner of the Equal Employment Opportunity Commission most concerned with Spanish American affairs; a full-time Chairman, appointed by the President, subject to Senate confirmation at level V, executive schedule ($36,000), who would be barred from holding any other Federal office or position concurrently; and such other Federal officers as the President or the Chairman of the Committee may designate to serve at the pleasure of the designator. The Committee would be further authorized to (1) prescribe appropriate rules and regulations; (2) consult, and coordinate its activities, with appropriate Federal departments and agencies, enter into agreements with them, and utilize their facilities and resources; and (3) acquire directly from any such Federal agencies information which it deems necessary to carry out its functions and utilize their services and facilities; and all such agencies would be authorized to furnish such information, services or facilities to the Committee, upon the request of its Chairman, to the extent permitted by law and available funds. In addition, S. 740 would (1) authorize the Chairman of the Committee to appoint and fix the compensation of necessary personnel and procure the services of experts and consultants at rates not in excess of the daily equivalent paid for positions under GS-18, General Schedule; (2) authorize Federal departments and agencies, in their discretion, to provide the Committee with such temporary personnel as its Chairman may request; (3) authorize the appropriation of sums necessary to carry out the provisions of the act as well as any funds heretofore made available for expenses of the Interagency Committee on Mexican-American Affairs; and (4) provide that nothing contained therein shall be construed to restrict or infringe upon the authority of any Federal department or agency. Finally, the bill, as amended, would establish an Advisory Council on Spanish-Speaking Americans, composed of nine Presidentially appointed members chosen from among representatives of various elements of the Spanish American community. The Council's Chairman and Vice Chairman would be designated by the President and its principal function would be to advise the Cabinet Committee with respect to such matters as the Chairman of the Committee may request. S.R. 422 |