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What is Gifted Education ? The Perth Amboy Public School Gifted and Talented program fosters a love of learning. We are creating a program where a student's passion can be explored. We are committed to a model that values differentiated instruction, one in which classroom teachers work to tailor instruction and content to match student ability level. Our Gifted and Talented program is designed to address the unique social and emotional needs of children by promoting self-understanding, awareness of needs, and cognitive and effective growth. We hope to inspire and support this special group of learners to embrace challenges and opportunities. The intent of all levels of Gifted and Talented programming is to honor the "whole child, every child" in developing student competencies that forge lifelong learners and create Global and World changers! To provide an environment that encourages divergent thinking.
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Today I began a journey of a different sort. I disconnected from Facebook and am opting, instead, to express my thoughts on platforms that give the opportunity for legacy and meaningful discourse. At the same time, I am acknowledging that I am a stranger and alien in this world (Eph 2:12-19) and that the dialog in that particular public square is more about "civilian affairs" (2Tim 2:4) than things that matter for the generations that follow, and indeed, for eternity. Am I backing away from the public square? No. I continue to believe that we should be in the world but not of the world. Yet, as I told a dear friend, posting words of wisdom is quickly lost in the haystack of fear, uncertainty, and doubt (FUD). Those who would spread FUD without wisely discerning the truth of what they're posting have begun to far outweigh the caring and personal touches that once were the hallmark of this platform. The vitriol has reached such a noise level that truth is impossible to discern. I believe that the rhetoric is being used by the principalities of the air to create confusion even among those who want to follow Jesus as the Truth, the Way, and the Life. In another transition of leadership thousands of years ago, God told Joshua to be strong and courageous. (Joshua 1) He repeated this message several times until Joshua got it. God told him that I will never leave you or forsake you, so be strong and courageous. This is a message that is decried in our society today. A life with God is not a FUD life, but rather one of being strong and courageous. A life of faith requires conviction and confidence. God has told us that he has put government leaders into place (Rom 13). We can choose to believe that our God is sovereign over all of his creation … or not. If, indeed, God does rule over his creation, then what have we to fear. We should go forward being strong and courageous! Teaching this world, one person at a time, the meaning of the two great commandments is a mission upon which I have set myself years ago and one that I must once again take up renewing my energy with strength and courage. The next generation will lead in a very different world, but a world, that is no less under the sovereign watchful eye of the God of the universe. The efficacy of Christ's work on the cross is not fading. It is and will be as powerful as it was in the days of the early church. So, at least for the moment, I must focus my energies on building up the next generation and put aside the civilian cares of this world, pressing on to the mark of the high calling to which we have all been called. In the picture with this post you'll see a sword and a trowel. Nehemiah took on the mission to rebuild the wall of Jerusalem. His workers needed a sword to defend themselves from the attackers and a trowel to continue building the wall. Nehemiah 4:17-18 says, "Those who carried burdens were loaded in such a way that each labored on the work with one hand and held his weapon with the other. And each of the builders had his sword strapped to his side while he built." In the same way we need to be about the business of defending the faith while building up and preparing the next generation to carry on the work to with we have been called. God bless you all and let's prepare today's world for the world to come. I am encouraged as always. Thanks for the words of wisdom. Be blessed. God is with you. I enjoy your witness to the truth. I will continue to see you other places but will miss that truth on Facebook.
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As we speak, the younger individuals – youngsters – have totally different searches or objectives. Whether or not they're avid readers or they like to do homework, it is simpler and extra nice to decide on a contemporary model of a laptop computer. The laptop computer is a trustworthy pal of many people, particularly those that wish to play video games on laptops.However initially, it is significantly essential to know what a laptop computer calls for from all factors of view; I believe essentially the most demanding half is the value. Relating to the technical facet, we should have deep information in an effort to purchase it in response to our wants. If you'd like a particular design or a special model, you need to undoubtedly know that you just have to be ready with a reasonably large sum of money. If not, you'll have to restrict your self to the finances that you've. For many who need a gaming laptop computer, the design is just not so essential or…should not be. High quality issues to them. They want a very good configuration. The video card have to be the most effective, and if you do not know what to decide on, it is higher to ask an knowledgeable, as a result of, in my view, the video card is nearly every little thing for avid gamers. And not using a video card, your persistence will undergo, the video games will run slowly sufficient and you'll lose all enthusiasm. So you must concentrate. Watch out what you're searching for. My recommendation is to look, nevertheless, on the web for any data; it occurs that some "experts" should not updated on the newest know-how.Even when we do not actually need a gaming laptop computer, we should have an excellent RAM reminiscence and likewise a powerful exhausting drive. Photographs, information, music and video take up area within the laptop's exhausting drive. Present video games can occupy as a lot as 30+GB of exhausting drive area and generally, having loads of free area in your exhausting drive improves efficiency and cargo instances. Lower than 320GB is simply too small. There are video games that want a high-performance processor, however there are others that work greatest solely with a particular exhausting drive. Possibly you may't have each, it is essential to have one in every of them.Nobody who has a ardour for video games will select a daily PC as a substitute of an upgraded configuration laptop computer. The true benefits that the gaming laptop computer provides are miles higher: webcam, microphone, multi-card reader, USB ports, and so forth. There are essential elements to contemplate after we purchase a laptop computer, reminiscent of the scale, dimensions, and determination capabilities of a laptop computer show; 15, 17, 18 and even 20+ inch shows can be found on gaming laptops. Additionally, the facility of a high-end gaming laptop computer is not low cost. Usually, producers provide a one 12 months guarantee that covers any defects. It is at all times vital to try the choice of an prolonged guarantee. Sooner or later, the computer systems will disappear certainly, as a result of laptops are extra sensible and in increased demand. Subsequently, in case you're serious about shopping for a laptop computer, it is good to be a strong one.
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Last night, Dawn Coe-Jones was inducted into the BC Golf House Society Hall of Fame. It was a great evening, fun to celebrate the inductions of all five honourees: Dawn, Cec Ferguson, Bob Kidd, Walter McElroy and Jim Rutledge. It was great to hear the history of all of these great players. We are all tied together because of this game of golf. It is quite remarkable. The people attending, all of us, all somehow intertwined through common experiences with each other over the years. Golf is a lot more than just a game. Up early after long flight back from England. I spent the past week there and the previous week in Ireland. The Solheim Cup in Ireland was fantastic! Great weather until the final day, Sunday the 25th of Sept when the Irish skies opened up. A few rain deluges during the singles matches made things interesting. A bunch of us fans took cover in the large PING Pavillion. A few minutes later in came Juli Inkster and Laura Davies, their match in a rain delay on the nearby 7th hole. The crowd went nuts when they came in. Juli was first to get up on a chair and she got everyone going, arms waving, encouraging roars. Then, it was Laura's turn, and the crowd went crazier! Fun moment, very sporting! The Solheim Cup is a fantastic event played every two years between the best women golfers of Europe and the US. The players are not playing for money but for pride and glory. There is an emotional undercurrent to it, as each match could be the deciding factor. This year, the Europeans won it by a point and I must say that it was great for them to be the "Home Team" winners. If anyone ever has a chance to go see it, I recommend it. 2013 the Event comes back to the US and will be held in Colorado Springs.
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If you ever watched Ren & Stimpy on Nickelodeon Nicktoons or on MTV, you know this is cartoon genius. Created by John Kricfalusi and his Spumco company, Ren & Stimpy is one of the cartoons that appealed not only to kids but probably more to adults. The show was canceled to early but this game tries to fill that empty void. Though not very challenging, expect the same hiliarity and gross bathroom humour as you would from the original series. As Ren & Stimpy tuck tight away into bed covers, Stimpy has fits of bodily convulsions that results in noxious and loud green fumes. Stimpy is trapped underneath the covers, desparately gasping for air. Your job is to keep these warm, foul odors from escaping so that Ren can enjoy the sweet smell of Stimpy's behind. A hidden undercover cam shows all of Rens hilarious expressions. Keep the sheets covered and the gas from escaping, before time runs out. Definitely play it for the priceless laughs.
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A 'Pokemon Go' player has reported that the Shiny Pikachu he caught in 'Pokemon Go' turns into Ditto! Players in Japan were ecstatic recently when they caught Shiny Pikachu during the "Pokemon Go" event in the region. However, it appears that the ultra-rare variant that they captured is entirely something else. Players were disappointed upon confirming that the variant that they have captured is only a masquerading Ditto. A few days ago, Blasting News reported on players in Japan catching the ultra-rare variant of Pikachu in the game. During the Pikachu Outbreak event, players who dropped by either of the parks where the event is held can spot a Kanto or Johto-themed area inhabited by pocket monsters from the fictional regions in the game. This is a great opportunity for players to catch a creature that is rarely found in Japan. Moreover, players might encounter and catch the Shiny Pikachu or Raichu variant. The skin of this variant makes the creature to appear dark in color. Unfortunately, players who would like to catch this rare variant might end up disappointed when they find out they end up capturing a plain Ditto. On Reddit, a user shared his experience when he caught a rare Pikachu and posted the results. The user uploaded the images that documented the capture of the cute yellow iconic pocket monster. Unfortunately, the creature transforms into Ditto right after the capture. The devious formless monster snitched its way into the Trainer's Pokeball. So far, Niantic Labs has not commented on the latest news reported by several players. Currently, players in Japan are having the time of their lives seeing 1,500 Pikachu descending in the region to celebrate the festival. All other regions are now enjoying the Legendary Raids in the augmented reality game. Niantic Labs recently informed players that the mythical bird Zapdos will exit "Pokemon Go" on August 14. On August 14, another event in Japan dubbed as the Stadium event will take place. Fans are expecting that the Legendary bird Ho-Oh will be released in the game during this time. There are also speculations that there might be activities in the upcoming event that would entail the cooperation of other players across the globe just like what happened in the Chicago Fest. All these are speculations at the moment until Niantic Labs confirmed this. "Pokemon Go" is now available on iOS and Android devices.
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The Authority: Revolution #11 (of 12) The Authority: Revolution Issue #11 (of 12) The tables are turned on the Authority as Bendix releases his secret weapon! The new Doctor joins the fray as our heroes do battle with the one person who might just be able to take them all down. Dustin Nguyen Richard Friend Wendy Broome Superhero Mature The Authority by Ed Brubaker & Dustin Nguyen The Authority has settled into its role as the governing body of the U.S. But with many unhappy Americans and a powerful foe working behind-the-scenes, can a second American Revolution be far behind? How long can tyranny stand, before heroes will rise up? Created by Brandon Choi and Jim Lee, get ready for StormWatch, the world's most elite anti-terrorist super powered strike force. Consisting of Battalion, Synergy, Winter, Fuji, Hellstrike, Strafe, Diva, and Weatherman One, they will protect the Earth at all costs. The Authority (2003-2004) The Authority can be anywhere on the planet with a moment's thought; speak to cities or the dead; take out despotic rulers, alien invaders and even God. The US Government tried to eliminate them...and lost. Now they face challengers from other realities and something scarier: raising Jenny Quantum! The Authority: The Lost Year (2006-2010) Grant Morrison, the universally acclaimed writer of ALL-STAR SUPERMAN, BATMAN and FINAL CRISIS, brings his talents to the new bimonthly series THE AUTHORITY, featuring art by Eisner Award-winner Gene Ha (TOP 10)! Morrison and Ha deliver an unparalleled sense of drama and dynamic storytelling to THE AUTHORITY that will leave readers gasping for breath. The first issue starts with a bang and goes up The Authority have survived the destruction of Earth - but only just barely! Do they Teammates have disappeared; others were shattered by the cataclysm. An army of the mad has descended, and there's a new disease that's decimating survivors. The Carrier has fused with London, and there are no doors to a finer world. Can the Authority save even this small corner of the Earth?
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Home/Conflicts & War/Imran Khan gives ultimatum to Pakistan government to hold elections Conflicts & War Imran Khan gives ultimatum to Pakistan government to hold elections Online News EditorMay 26, 2022 Islamabad, May 26 (EFE).- Former Pakistan Prime Minister Imran Khan on Thursday gave a six-day ultimatum to the Pakistani government to convene general elections, else he would intensify his mass protests. "I am giving a six-day ultimatum to the 'imported government.' They should dissolve assemblies within next six days and announce fresh elections," Khan said in a speech before thousands of his followers in Islamabad. "Otherwise, I will march to Islamabad again with hundreds of thousands of people," warned the deposed prime minister, who heads the Pakistan Tehreek-e-Insaaf (PTI) party. On Wednesday, Khan began a march towards the Pakistani capital, which was beset by numerous clashes between his supporters and the police, who used tear gas to disperse the thousands of sympathizers demanding early elections from the Shebaz Sharif-led government. Khan was ousted in a no-confidence vote on Apr.9 after some of his own party lawmakers and coalition partners withdrew support to his government. After a series of big rallies across the country, Khan urged his supporters to march to Islamabad, where he has promised to stay put until the government is dissolved and a date for fresh elections is announced. Pakistan's Supreme Court on Wednesday allowed Khan's PTI to hold the protest rally in Islamabad after the government refused permission to do so on security grounds that led to clashes across the country. The government said it did not allow Khan's party to hold a rally over fears that they would enter the Red Zone, which houses foreign embassies and missions. One day before the start of the protest, the starting point of which was the northern city of Peshawar – one of the main strongholds of Khan's party -, the PTI denounced the detention of more than 400 of its workers in an attempt to stop "the country's largest political march". Prior to the Supreme Court's decision, the authorities also tried to stop PTI supporters by deploying a large amount of police and paramilitary forces, as well as by blocking the roads connecting the capital. Khan became the first minister in the country's history to be removed from office by a motion of no confidence. The former prime minister has claimed the United States was behind the him being ousted from power following his visit to Moscow on the day Russia invaded Ukraine. Washington has denied these allegations. No prime minister in Pakistan's history has succeeded in completing a full term since the country came into being in 1947 with the partition of the Indian subcontinent as it gained independence from the British Empire. EFE aa-ssk-mvg/sc EFE PAKISTAN OPPOSITION Protests continue in US over black man's death at police hands Somber tone to latest anti-government protests in Israel Kremlin says Russian reaction to mobilization 'hysterical'
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StorEx South Africa rebrands to Evernex (Pty) Ltd South African third-party maintenance provider StorEx has officially rebranded to Evernex (Pty) Ltd. after being acquired by the global, independent IT Life Services company in 2020. StorEx, which was founded in 2008, has more than 60 clients across South Africa, Kenya, UAE and Turkey, and is now... Benefits of TPM IT managers worldwide have enough pressure as it is. They must manage IT infrastructure to ensure system uptime, look after IT security to protect company data, oversee IT budgets, stay up to date with the latest IT trends and ensure successful system integration of their various software... WHY TURN TO THIRD-PARTY MAINTENANCE? Third-party Maintenance is a globally accepted term and concept. Many companies utilize this solution because of the added value it delivers. To understand why IT decision makers adopt TPM in their IT environments, you must first understand what Third-Party Maintenance entails. Let's start off... OUR NEW WEBSITE IS LIVE We are proud to have launched our brand-new website. We hope to provide our clients with a user-friendly experience, giving them all the information needed to better understand our business model. Our new website provides a clear message of who we are, along with a detailed breakdown of our... Hybrid cloud to continue dominating the South African landscape STOREX WELL POSITIONED TO SERVE ALL INFRASTRUCTURE UPTIME REQUIREMENTS REGARDLESS OF ASSET LOCATION While globally, 80% of organisations are predicted to migrate toward cloud , hosting and colocation services by 2025, Sean Hackett, managing director, The Tech Company, A Local cloud services... StorEx launches Covid-19 outreach programme Covid-19 has changed us. Not just in our homes, but it has disrupted business too. Relationships in business have evolved as people now see each other differently and corporate priorities have shifted. StorEx was not immune to the crisis and as a committed local business, endeavoured to build a... StorEx expands its African footprint as an Evernex company The recent acquisition of StorEx, a leading supplier of Third-Party Maintenance (TPM) for enterprise-sized organisations, by Evernex, a leading international provider of third-party maintenance services for data centre infrastructure, has enabled the locally built specialist to significantly... StorEx – the leader in Third Party Maintenance services strengthens the financial position of Organisations Jan Beukes, CEO, StorEx, a specialist in Multi-Vendor Hardware and Software Infrastructure Support, says it is without doubt that the South African economy is in for a tough time. Not only was the COVID-19 outbreak declared a national state of disaster, by the South African President, Cyril... South African TPM company, StorEx acquired by Evernex StorEx, a leading supplier of Third Party Maintenance for enterprise-sized organisations has been acquired by Evernex, a leading international provider of third-party maintenance ("TPM") services for data centre infrastructure. Evernex is a 3i company, having sold controlling interest to the... COVID-19 INFORMATION & RESPONSE StorEx, together with it's holding company, Evernex is closely monitoring the global Coronavirus pandemic and following guidance from both the World Health Organization (WHO) as well as local government organizations to reduce the impact of the virus, where possible. As part of the President's... StorEx reports big year-on-year growth StorEx, a leading supplier of Third-Party Maintenance for enterprise-sized organisations, recently reported double digit growth in its year on year results. Since launching 12 years ago, the company has experienced accelerated growth over the past 18 months as the demand for its infrastructure... As capex opportunities wane, market starts looking to TPM for a respite In the increasingly tough economic climate, enterprise-sized businesses are looking to alternate approaches to not only save money in the short-term, but strategies that will deliver better returns for the business as a whole. Jan Beukes, CEO, Storex, a specialist in multi-vendor infrastructure... Storex offers disruptive ICT Infrastructure Lifecycle Extension Services Disruptor, Storex, specialists in Multi-Vendor infrastructure lifecycle extension management, says that on average most displaced OEM estates have not even reached 40% of the potential capacity before being replaced. CEO and founder, Jan Beukes, says that throughout the Middle East and across the...
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This name is the accepted name of a species in the genus Conostylis (family Haemodoraceae). The record derives from WCSP (data supplied on 2012-03-23 ) which reports it as an accepted name (record 234409) with original publication details: in Fl. Australia 45: 462 1987 . Full publication details for this name can be found in IPNI: http://ipni.org/urn:lsid:ipni.org:names:932525-1. This name was in version 1 of The Plant List, record kew-234409, and has not been changed.
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This article section brings along 37 pic of Grade, such First Grade Math Word Problems Math First Grade Math Worksheets. Money Math Word Problems Worksheets 5th Grade Valid Math Word. Free Printable Worksheets For Second Grade Math Word Problems Math 6. Division Word Problems 14.
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The open enrollment period starts today, Nov. 1, 2017 and ends on Friday, Dec. 15, 2017. The health insurance marketplace is stable despite repeal efforts dominating the news and claims made by Donald Trump. The 2018 open enrollment period starts today, Nov. 1, 2017 and ends on Friday, Dec. 15, 2017. New plans and prices are available each year, and plans may be more affordable than you think. Make sure to shop around. Free, local help is available. To find someone in your community certified to sit down with you for free and schedule an appointment for help with the enrollment process, you can call AFC's informational hotline at 312-784-9060 to speak with a certified in-person counselor who can answer your questions and help facilitate your enrollment into a health care plan. The phone line is open Monday through Friday, 9 a.m. to 5 p.m. CST. In addition, you can visit www.getcoveredillinois.gov and click "Make an Appointment" or you can visit http://www.ilcha.org/help. Be aware of scheduled downtimes on healthcare.gov. The duration of the outages are the maximum amount of time allowed for the maintenance. Actual outage times could be shorter. For more information visit, healthcare.gov or the AIDS Foundation of Chicago's Open Enrollment Help Center.
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It should come as no surprise that one of the first acts of the 110th Congress will be legislation to raise the minimum wage. A bit more surprising is the endorsement by President Bush, who recently announced that a minimum wage increase was a policy on which he and the incoming Democratic congress could "work together." Unfortunately, his cooperation comes at a cost. To the president, "working together" on a bill to increase the $5.15 federal minimum wage to $7.25 over two years means … guess what? … more tax cuts. There's every reason to keep this minimum wage bill clean and little rationale for tax cuts. Bush's stated motivation for accompanying cuts is to avoid "punishing" small businesses, by offsetting the increase in their labor costs with "targeted tax and regulatory relief." Since all low-wage firms face the same increase (and thus no one firm is at a competitive disadvantage) and Congress has surpassed the nine-year Reagan-era record for failing to raise the minimum wage, "punish" seems like an awfully strong word. Nevertheless, recent history suggests that any such offset will cost much more than the wage increase and will not be effectively targeted at low-wage employers. Moreover, the tax cuts would be permanent, even though the value of the minimum wage hike is eventually eroded by inflation. The increase to $7.25 by 2009 is a historically small one. Research by Liana Fox of the Economic Policy Institute suggests that it will directly lift the wages of about four percent of the workforce, compared to more than twice that share for the last federal increase in 1996-97. Speaking of the last increase -- from $4.25 to $5.15 -- it passed with some tax cuts served up by the Gingrich Congress that Clinton had to swallow. More on these in a moment, but legislators and the public should recognize that this pairing of tax cuts and minimum wage increases is not the norm: neither the 1990 increase under Bush I nor any others were passed with tax cuts. Raising the minimum wage is a very simple piece of work; most bills are literally a few paragraphs long. And the increase has virtually no budgetary impact. Tax cuts, on the other hand, are costly, and history shows they are not likely to be well-targeted. In 1996, there were tax cuts for small business equipment investments and pension plans, but there were also tax credits for R&D at big corporations and for adopting parents, and a new IRA for homemakers. In 2000, the GOP leadership added these bright ideas to a proposed minimum wage increase: a reduction in the estate tax, increased write-offs for business meals and for business investments, tax breaks for timber companies and for tax-exempt bonds, a higher self-employment health deduction, and expanded enterprise zones. Whatever their merits, neither the legislated tax cuts in 1996 nor the proposed tax cuts in 2000 were "targeted offsets" for businesses paying the minimum wage. What's more, such tax cuts are usually forever, while federal minimum wage increases die a slow death. Since the federal minimum is not indexed to inflation, its value erodes over time -- the real value of the current minimum is at a 50-year low. Five to ten years after the increase, almost all of its benefits will have eroded, yet the tax cuts will be yielding dividends for as long as they stand (those from 1996 are still in place, for instance). Our analysis of the GOP proposal in 2000 found that the value of the proposed tax cuts surpassed that of the wage increase by 11 to 1 ($123 billion vs. $11.2 billion over ten years). And by the way, if raising the minimum wage has to be offset by small business tax cuts, shouldn't its real decline be offset by tax increases? Democrats in the new Congress will insist that any new tax cuts be paid for. Where's the revenue coming from? No matter. Neither symmetry nor fiscal prudence are in play here. And we suppose you could write this off as the predictable horse-trading we're likely to see over the next few years. No one should be fooled, however, that a new bundle of tax cuts is either warranted or related to the much-needed minimum wage increase. So, Mr. President, let's keep it clean. Jared Bernstein is a senior economist at the Economic Policy Institute. Lawrence Mishel is EPI's president. If you enjoyed this article, subscribe to The American Prospect here. Support independent media with a tax-deductible donation here. Unemployment, Low. Wage Growth, Meh. How come? And how do we change that? Republicans Have Exposed Themselves If there's trillions of dollars we can shower on the rich, there's trillions we can redirect to rebuild a decent America. Real Tax Reform: What It Is and What It Isn't Trump's proposed tax cuts, mostly on corporations and the wealthy, will do nothing to help the people who elected him president. Jared Bernstein is an economist and senior fellow at the Center on Budget and Policy Priorities. He was formerly chief economist to Vice President Joe Biden and a member of President Barack Obama's economics team. Articles By Jared Bernstein RSS feed of articles by Jared Bernstein
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According to the latest WHO data published in 2017 Uterin Cancer Deaths in Swaziland reached 6 or 0.05% of total deaths. The age adjusted Death Rate is 1.95 per 100,000 of population ranks Swaziland #94 in the world. Review other causes of death by clicking the links below or choose the full health profile.
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You spoke and we listened. You asked for additional leadership training, so starting on Tuesday, March 28 we will begin our StrengthsFinder course with Hank Wylie, your Education Committee Chairman. StrengthsFinder builds your leaderships skills by finding your leadership strengths. Hank will review your test and begin coaching you on how to best play to your strengths. Invite your staff or fellow employees to join you! All participants will have to take the StrengthsFinder online test before coming to the class. The Western St. Charles County Chamber of Commerce is offering all members a discount on taking test for only $10. Please provide us with your email address and we will send you the link to take the test. There is a discount if you go through the WSCC Chamber, so please email us first. The first class will take place on Tuesday, March 28 from 9:15 a.m. to 10:15 a.m. at the Dardenne Prairie City Hall located at 2032 Hanley Rd., Dardenne Prairie, MO 63368. This class will take place following our March Morning Meet Up Event, so you have the option to network before if you would like. We will have a second class on Tuesday, April 4 from 8 a.m. to 9 a.m. at the WSCC Chamber Office located at 207 S. Linn Ave., Wentzville, MO 63385.
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Home » National News » 20 years on, 75-year-old woman waits for Indian citizenship 20 years on, 75-year-old woman waits for Indian citizenship News Agencies | Updated on: 28 June 2018, 9:55 IST A 75-year-old Pakistani woman, named Habeeb Unissa Begum, has been allegedly waiting for over 20 years to become an official citizen of India. "My sister Habeeb Unissa's marriage was performed in 1955 in Hyderabad, India and then her husband's brother, who was in Pakistan, took them across the border for better livelihood. They entered into Pakistan through Indo-Pak border illegally and then were staying there," Begum's brother Toufeeq Ali told ANI. However, Habeeb Unissa soon noticed that there were no job opportunities in Pakistan and the couple was struggling to live there. "My sister then asked her husband to leave Pakistan and return to India, during that time they could not come through the border as it was closed. Later, her husband's brother applied for the Pakistan passport of the couple and they returned to India via ship," Ali said. "In 1987, we applied for renewal of the Pakistan passport. However, later we submitted it back to the Pakistan Embassy for cancelation and took renunciation letter from them. After that we applied for Indian citizenship and have waiting since then," he added. Ali said he along with his sister Habeeb Unissa, has met different concerned authorities in Hyderabad, however "they are just giving us stay and not giving Indian citizenship to my sister." "Habeeb Unissa is now 75 years old and her husband and son have expired. She is looking after her two daughters. I would like to request the government to help my sister in getting the Indian citizenship. My sister stayed in Pakistan for just eight months and for that we are struggling till now. She was born here and will die here," Ali added. First published: 28 June 2018, 9:55 IST Pakistani Woman Habeeb Unissa Begum Indian citizenship Government of India Wanted 2: Not Salman Khan but this new action star to star in Prabhu Deva and Boney Kapoor's sequel film READ NEXT >> Wanted 2: Not Salman Khan but this new action star to star in Prabhu Deva and Boney Kapoor's sequel film
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Real fans save bands, Superbands save fans. Superbands is a non-profit movement that believes in the power of education and music in raising global awareness on depression, anxiety, suicide and self-harm, providing access to crucial resources for those that struggle, and encouraging the acceptance of all. Together, we aim to spread hope and positivity through our shared passion for music, and remind everyone that they are not alone. Find out more about our organization, the mission, origins of our name, and the people behind this growing movement. No matter how you want to support Superbands, we are proud of super fans like you helping us bring this vision to life.
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Supporters of Islamic State are calling for Muslims to rise up and conduct revenge attacks on Christians and Jews after a white-British man targeted Muslims in the Finsbury Park terror attack. A channel on the encrypted messaging app Telegram, called 'War News – Ummah News', known for supporting Islamic State, said a "war" was starting in the West. The messages, reported by terrorism analyst Michael Smith, read: "Oh Muslimeen when your brothers took revenge on the crusader nationals for the slaughter they are carrying out on the Muslims, they were shot on site by the British Police. "Then how come the Police never shot a Kaafir [non-Muslim/infidel]. Oh Muslims you need to wake up the war is starting now in your own streets outside your own Masajids. The messages may imply a difference in treatment of terror suspects depending on their religion after the man believed to be behind the Finsbury Park attack was not shot dead by police. The London Bridge killers in contrast — who were armed and wore fake suicide belts — were shot by specialist police teams. Monday night, the Finsbury Park attacker was identified as Darren Osborne, a 47-year-old white father of four who was living in South Wales. According to associates and neighbours, he was an aggressive man who had demonstrated disdain for Muslims. Terror experts said the rare, almost unique, terror attack by a non-Muslim targeting Muslims could do more to anger and inspire radical Islamist terrorists than previous attacks. "In one of the last issues of their online magazine, [Islamic State] spoke of 'eliminating the grey zone', which means total polarisation of society, with Muslims seeing Isis as their defenders, and the rest of society looking at all Muslims as Isis supporters. Islamic State supporters were quick to celebrate the London Bridge terror attacks, and the group's official magazine has urged jihadists and sympathisers to wage an "all-out war" in the West during the Muslim holy month of Ramadan.
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Gregg DeGuire/WireImageJanelle Monae will address a special international conference of the Alpha Kappa Alpha sorority this summer in Atlanta. Alpha Kappa Alpha is one of the world's largest sororities with more than 200,000 members. Famous members include Alicia Keys, Jada Pinkett Smith, Brandy, Gladys Knight and Phylicia Rashad. 20,000 women are expected to attend the conference which will be held July 9-14, 2016 in Atlanta.
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\section*{Lead Paragraph} \begin{quote} Nonlinear time series analysis is becoming a more and more reliable tool for the study of complicated dynamics from measurements. The concept of low-dimensional chaos has proven to be fruitful in the understanding of many complex phenomena despite the fact that very few natural systems have actually been found to be low dimensional deterministic in the sense of the theory. In order to evaluate the long term usefulness of the nonlinear time series approach as inspired by chaos theory, it will be important that the corresponding methods become more widely accessible. This paper, while not a proper review on nonlinear time series analysis, tries to make a contribution to this process by describing the actual implementation of the algorithms, and their proper usage. Most of the methods require the choice of certain parameters for each specific time series application. We will try to give guidance in this respect. The scope and selection of topics in this article, as well as the implementational choices that have been made, correspond to the contents of the software package {TISEAN} which is publicly available from {\tt http://www.mpipks-dresden.mpg.de/\HOME tisean}. In fact, this paper can be seen as an extended manual for the {TISEAN} programs. It fills the gap between the technical documentation and the existing literature, providing the necessary entry points for a more thorough study of the theoretical background. \end{quote} \twocolumn \section{Introduction} Deterministic chaos as a fundamental concept is by now well established and described in a rich literature. The mere fact that simple deterministic systems generically exhibit complicated temporal behavior in the presence of nonlinearity has influenced thinking and intuition in many fields. However, it has been questioned whether the relevance of chaos for the understanding of the time evolving world goes beyond that of a purely philosophical paradigm. Accordingly, major research efforts are dedicated to two related questions. The first question is if chaos theory can be used to gain a better understanding and interpretation of observed complex dynamical behavior. The second is if chaos theory can give an advantage in predicting or controlling such time evolution. Time evolution as a system property can be measured by recording time series. Thus, nonlinear time series methods will be the key to the answers of the above questions. This paper is intended to encourage the explorative use of such methods by a section of the scientific community which is not limited to chaos theorists. A range of algorithms has been made available in the form of computer programs by the {TISEAN} project~\cite{tisean}. Since this is fairly new territory, unguided use of the algorithms bears considerable risk of wrong interpretation and unintelligible or spurious results. In the present paper, the essential ideas behind the algorithms are summarized and pointers to the existing literature are given. To avoid excessive redundancy with the text book~\cite{KantzSchreiber} and the recent review~\cite{habil}, the derivation of the methods will be kept to a minimum. On the other hand, the choices that have been made in the implementation of the programs are discussed more thoroughly, even if this may seem quite technical at times. We will also point to possible alternatives to the {TISEAN} implementation. Let us at this point mention a number of general references on the subject of nonlinear dynamics. At an introductory level, the book by Kaplan and Glass~\cite{KaplanGlass} is aimed at an interdisciplinary audience and provides a good intuitive understanding of the fundamentals of dynamics. The theoretical framework is thoroughly described by Ott~\cite{Ott}, but also in the older books by Berg\'e et al.~\cite{Berge} and by Schuster~\cite{Schuster}. More advanced material is contained in the work by Katok and Hasselblatt~\cite{KatokHasselblatt}. A collection of research articles compiled by Ott et al.~\cite{coping} covers some of the more applied aspects of chaos, like synchronization, control, and time series analysis. Nonlinear time series analysis based on this theoretical paradigm is described in two recent monographs, one by Abarbanel~\cite{abarbook} and one by Kantz and Schreiber~\cite{KantzSchreiber}. While the former volume usually {\em assumes} chaoticity, the latter book puts some emphasis on practical applications to time series that are not manifestly found, nor simply assumed to be, deterministic chaotic. This is the rationale we will also adopt in the present paper. A number of older articles can be seen as reviews, including Grassberger et al.~\cite{gss}, Abarbanel et al.~\cite{abarbanel}, as well as Kugiumtzis et al.~\cite{kugiumtzis_rev1,kugiumtzis_rev2}. The application of nonlinear time series analysis to real world measurements where determinism is unlikely to be present in a stronger sense, is reviewed in Schreiber~\cite{habil}. Apart from these works, a number of conference proceedings volumes are devoted to chaotic time series, including Refs.~\cite{Mayer-Kress,casdagli,SFI,dyndis,freital}. \subsection{Philosophy of the {TISEAN} implementation}\label{sec:philo} A number of different people have been credited for the saying that every complicated question has a simple answer which is wrong. Analysing a time series with a nonlinear approach is definitely a complicated problem. Simple answers have been repeatedly offered in the literature, quoting numerical values for attractor dimensions for any conceivable system. The present implementation reflects our scepticism against such simple answers which are the inevitable result of using black box algorithms. Thus, for example, none of the ``dimension'' programs will actually print a number which can be quoted as the estimated attractor dimension. Instead, the correlation sum is computed and basic tools are provided for its interpretation. It is up to the scientist who does the analysis to put these results into their proper context and to infer what information she or he may find useful and plausible. We should stress that this is not simply a question of error bars. Error bars don't tell about systematic errors and neither do they tell if the underlying assumptions are justified. The {TISEAN} project has emerged from work of the involved research groups over several years. Some of the programs are in fact based on code published in Ref.~\cite{KantzSchreiber}. Nevertheless, we still like to see it as a starting point rather than a conclusive step. First of all, nonlinear time series analysis is still a rapidly evolving field, in particular with respect to applications. This implies that the selection of topics in this article and the selection of algorithms implemented in {TISEAN} are highly biased towards what we know now and found useful so far. But even the well established concepts like dimension estimation and noise reduction leave considerable room for alternatives to the present implementation. Sometimes this resulted in two or more concurring and almost redundant programs entering the package. We have deliberately not eliminated these redundancies since the user may benefit from having a choice. In any case it is healthy to know that for most of the algorithms the final word hasn't been spoken yet -- nor is ever to be. While the {TISEAN} package does contain a number of tools for {\em linear} time series analysis (spectrum, autocorrelations, histograms, etc.), these are only suitable for a quick inspection of the data. Spectral or even ARMA estimation are industries in themselves and we refer the reader -- and the user of {TISEAN} -- to the existing literature and available statistics software for optimal, up-to-date implementations of these important methods. Some users will miss a convenient graphical interface to the programs. We felt that at this point the extra implementational effort would not be justified by the expected additional functionality of the package. Work is in progress, however, to provide interfaces to higher level mathematics (or statistics) software. \subsection{General computational issues}\label{sec:general} The natural basis to formulate nonlinear time series algorithms from chaos theory is a multi-dimensional phase space, rather than the time or the frequency domain. It will be essential for the global dynamics in this phase space to be nonlinear in order to fulfill the constraints of non-triviality and boundedness. Only in particular cases this nonlinear structure will be easily representable by a global nonlinear function. Instead, all properties will be expressed in terms of local quantities, often by suitable global averages. All local information will be gained from neighborhood relations of various kinds from time series elements. Thus a recurrent computational issue will be that of defining local neighborhoods in phase space. Finding neighbors in multidimensional space is a common problem of computational geometry. Multidimensional tree structures are widely used and have attractive theoretical properties. Finding all neighbors in a set of $N$ vectors takes $O(\log N)$ operations, thus the total operation count is $O(N\log N)$. A fast alternative that is particularly efficient for relatively low dimensional structures embedded in multidimensional spaces is given by box-assisted neighbor search methods which can push the operation count down to $O(N)$ under certain assumptions. Both approaches are reviewed in Ref.~\cite{neigh} with particular emphasis on time series applications. In the {TISEAN} project, fast neighbor search is done using a box-assisted approach, as described in Ref.~\cite{KantzSchreiber}. No matter in what space dimension we are working, we will define {\em candidates} for nearest neighbors in two dimensions using a grid of evenly spaced boxes. With a grid of spacing $\epsilon$, all neighbors of a vector $\bf x$ closer than epsilon must be located in the adjacent boxes. But not all points in the adjacent boxes are neighbors, they may be up to $2\epsilon$ away in two dimensions and arbitrarily far in higher dimensions. Neighbors search is thus a two stage process. First the box-assisted data base has to be filled and then for each point a list of neighbors can be requested. There are a few instances where it is advisable to abandon the fast neighbor search strategy. One example is the program {{\tt noise}} that does nonlinear noise filtering in a data stream. It is supposed to start filtering soon after the first points have been recorded. Thus the neighbor data base cannot be constructed in the beginning. Another exception is if quite short ($<500$ points, say), high dimensional data are processed. Then the overhead for the neighbor search should be avoided and instead an optimized straight $O(N^2)$ method be used, like it is done in~{{\tt c2naive}}. For portability, all programs expect time series data in column format represented by ASCII numbers. The column to be processed can be specified on the command line. Although somewhat wasteful for storing data, ASCII is the least common divisor between the different ways most software can store data. All parameters can be set by adding options to the command, which, in many programs, just replace the default values. Obviously, relying on default settings is particularly dangerous in such a subtle field. Since almost all routines can read from standard input and write to standard output, programs can be part of pipelines. For example they can be called as filters from inside graphics software or other software tools which are able to execute shell commands. Also, data conversion or compression can be done ``on the fly'' this way. The reader here realizes that we are speaking of UNIX or LINUX platforms which seems to be the most appropriate environment. It is however expected that most of the programs will be ported to other environments in the near future. For those readers familiar with the programs published in Ref.~\cite{KantzSchreiber} we should mention that these form the basis for a number of those {TISEAN} programs written in FORTRAN. The C programs, even if they do similar things, are fairly independent implementations. All C and C++ programs now use dynamic allocation of storage, for example. \begin{figure}[t] \begin{center} ~\\[-15pt] \input{mcgd10.pstex}\\[-5pt] \input{mcgd40.pstex} \end{center} \caption[]{\label{fig:mcgd}\small Time delay representation of a human magneto-cardiogram. In the upper panel, a short delay time of 10~ms is used to resolve the fast waveform corresponding to the contraction of the ventricle. In the lower panel, the slower recovery phase of the ventricle (small loop) is better resolved due to the use of a slightly longer delay of 40~ms. Such a plot can be conveniently be produced by a graphic tool such as {\tt gnuplot} without generating extra data files.} \end{figure} \section{Phase space representation}\label{sec:delay} Deterministic dynamical systems describe the time evolution of a system in some phase space $\Gamma\subset{\bf R}^d$. They can be expressed for example by ordinary differential equations \begin{equation}\label{eq:ode} \dot{\bf x}(t)={\bf F}({\bf x}(t)) \,,\end{equation} or in discrete time $t=n\Delta t$ by maps of the form \begin{equation}\label{eq:map} {\bf x}_{n+1}={\bf f}({\bf x}_n) \,.\end{equation} A time series can then be thought of as a sequence of observations $\{s_n=s({\bf x}_n)\}$ performed with some measurement function $s(\cdot)$. Since the (usually scalar) sequence $\{s_n\}$ in itself does not properly represent the (multidimensional) phase space of the dynamical system, one has to employ some technique to unfold the multidimensional structure using the available data. \subsection{Delay coordinates} The most important phase space reconstruction technique is the {\em method of delays}. Vectors in a new space, the embedding space, are formed from time delayed values of the scalar measurements: \begin{equation}\label{eq:delay} {\ss}_n=(s_{n-(m-1)\tau},s_{n-(m-2)\tau}, \ldots, s_n) \,.\end{equation} The number $m$ of elements is called the {\em embedding dimension}, the time $\tau$ is generally referred to as the {\em delay} or {\em lag}. Celebrated embedding theorems by Takens~\cite{takens} and by Sauer et al.~\cite{embed} state that if the sequence $\{s_n\}$ does indeed consist of scalar measurements of the state of a dynamical system, then under certain genericity assumptions, the time delay embedding provides a one-to-one image of the original set $\{{\bf x}\}$, provided $m$ is large enough. Time delay embeddings are used in almost all methods described in this paper. The implementation is straightforward and does not require further explanation. If $N$ scalar measurements are available, the number of embedding vectors is only $N-(m-1)\tau$. This has to be kept in mind for the correct normalization of averaged quantities. There is a large literature on the ``optimal'' choice of the embedding parameters $m$ and $\tau$. It turns out, however, that what constitutes the optimal choice largely depends on the application. We will therefore discuss the choice of embedding parameters occasionally together with other algorithms below. A stand-alone version of the delay procedure ({{\tt delay}}, {{\tt embed}}) is an important tool for the visual inspection of data, even though visualization is restricted to two dimensions, or at most two-dimensional projections of three-dimensional renderings. A good unfolding already in two dimensions may give some guidance about a good choice of the delay time for higher dimensional embeddings. As an example let us show two different two-dimensional delay coordinate representations of a human magneto-cardiogram (Fig.~\ref{fig:mcgd}). Note that we do neither assume nor claim that the magneto- (or electro-) cardiogram is deterministic or even chaotic. Although in the particular case of cardiac recordings the use of time delay embeddings can be motivated theoretically~\cite{marcus}, we here only want to use the embedding technique as a visualization tool. \subsection{Embedding parameters} A reasonable choice of the delay gains importance through the fact that we always have to deal with a finite amount of noisy data. Both noise and finiteness will prevent us from having access to infinitesimal length scales, so that the structure we want to exploit should persists up to the largest possible length scales. Depending on the type of structure we want to explore we have to choose a suitable time delay. Most obviously, delay unity for highly sampled flow data will yield delay vectors which are all concentrated around the diagonal in the embedding space and thus all structure perpendicular to the diagonal is almost invisible. In~\cite{Casdagli} the terms {\sl redundancy} and {\sl irrelevance} were used to characterize the problem: Small delays yield strongly correlated vector elements, large delays lead to vectors whose components are (almost) uncorrelated and the data are thus (seemingly) randomly distributed in the embedding space. Quite a number of papers have been published on the proper choice of the delay and embedding dimension. We have argued repeatedly~\cite{gss,KantzSchreiber,habil} that an ``optimal'' embedding can -- if at all -- only be defined relative to a specific purpose for which the embedding is used. Nevertheless, some quantitative tools are available to guide the choice. The usual autocorrelation function ({{\tt autocor}}, {{\tt corr}}) and the time delayed mutual information ({{\tt mutual}}), as well as visual inspection of delay representations with various lags provide important information about reasonable delay times while the false neighbors statistic ({{\tt false\_nearest}}) can give guidance about the proper embedding dimension. Again, ``optimal'' parameters cannot be thus established except in the context of a specific application. \subsubsection{Mutual information} The time delayed mutual information was suggested by Fraser and Swinney~\cite{fraser} as a tool to determine a reasonable delay: Unlike the autocorrelation function, the mutual information takes into account also nonlinear correlations. One has to compute \begin{equation}\label{eq:delay.mutual} S=- \sum_{ij} p_{ij}(\tau)\ln\frac{p_{ij}(\tau)}{p_ip_j} \,,\end{equation} where for some partition on the real numbers $p_i$ is the probability to find a time series value in the $i$-th interval, and $p_{ij}(\tau)$ is the joint probability that an observation falls into the $i$-th interval and the observation time $\tau$ later falls into the $j$-th. In theory this expression has no systematic dependence on the size of the partition elements and can be quite easily computed. There exist good arguments that if the time delayed mutual information exhibits a marked minimum at a certain value of $\tau$, then this is a good candidate for a reasonable time delay. However, these arguments have to be modified when the embedding dimension exceeds two. Moreover, as will become transparent in the following sections, not all applications work optimally with the same delay. Our routine {{\tt mutual}} uses Eq.(\ref{eq:delay.mutual}), where the number of boxes of identical size and the maximal delay time has to be supplied. The adaptive algorithm used in~\cite{fraser} is more data intensive. Since we are not really interested in absolute values of the mutual information here but rather in the first minimum, the minimal implementation given here seems to be sufficient. The related generalized mutual information of order two can be defined using the correlation sum concept (Sec.\ref{sec:dimension}, \cite{pompe,milan}). Estimation of the correlation entropy is explained in Sec.\ref{sec:dim.c2}. \begin{figure}[t] \centerline{\input{fnn.pstex}} \caption[]{\label{fig:fnn}\small The fraction of false nearest neighbors as a function of the embedding dimension for noise free Lorenz (crosses) and H\'enon (filled circles) time series, as well as a H\'enon time series (open circles) corrupted by 10\% of noise.} \end{figure} \subsubsection{False nearest neighbors} A method to determine the minimal sufficient embedding dimension $m$ was proposed by Kennel et al.~\cite{kennelFNN}. It is called the {\it false nearest neighbor} method. The idea is quite intuitive. Suppose the minimal embedding dimension for a given time series $\{s_i\}$ is $m_0$. This means that in a $m_0$-dimensional delay space the reconstructed attractor is a one-to-one image of the attractor in the original phase space. Especially, the topological properties are preserved. Thus the neighbors of a given point are mapped onto neighbors in the delay space. Due to the assumed smoothness of the dynamics, neighborhoods of the points are mapped onto neighborhoods again. Of course the shape and the diameter of the neighborhoods is changed according to the Lyapunov exponents. But suppose now you embed in an $m$-dimensional space with $m<m_0$. Due to this projection the topological structure is no longer preserved. Points are projected into neighborhoods of other points to which they wouldn't belong in higher dimensions. These points are called {\it false neighbors}. If now the dynamics is applied, these false neighbors are not typically mapped into the image of the neighborhood, but somewhere else, so that the average ``diameter'' becomes quite large. The idea of the algorithm {{\tt false\_nearest}} is the following. For each point $\vec{s}_i$ in the time series look for its nearest neighbor $\vec{s}_j$ in a $m$-dimensional space. Calculate the distance $\|\vec{s}_i-\vec{s}_j\|$. Iterate both points and compute \begin{equation} R_i=\frac{|s_{i+1}-s_{j+1}|}{\|\vec{s}_i-\vec{s}_j\|} \,.\end{equation} If $R_i$ exceeds a given heuristic threshold $R_t$, this point is marked as having a false nearest neighbor~\cite{kennelFNN}. The criterion that the embedding dimension is high enough is that the fraction of points for which $R_i>R_t$ is zero, or at least sufficiently small. Two examples are shown in Fig.~\ref{fig:fnn}. One is for the Lorenz system (crosses), one for the H\'enon system (filled circles), and one for a H\'enon time series corrupted by 10\% of Gaussian white noise (open circles). One clearly sees that, as expected, $m=2$ is sufficient for the H\'enon and $m=3$ for the Lorenz system, whereas the signature is less clear in the noisy case. The introduction of the false nearest neighbors concept and other ad hoc instruments was partly a reaction to the finding that many results obtained for the genuine invariants, like the correlation dimension, has been spurious due to caveats of the estimation procedure. In the latter case, serial correlations and small sample fluctuations can easily be mistaken for nonlinear determinism. It turns out, however, that the ad hoc quantities basically suffer from the same problems - which can be cured by the same precautions. The implementation {{\tt false\_nearest}} therefore allows to specify a minimal temporal separation of valid neighbors. Other software for the analysis of false nearest neighbors is available in source form from Kennel~\cite{kennel}. Or, if you prefer to pay for a license, from Ref.~\cite{abla}. \begin{figure} \centerline{\input{mcg_pc.pstex}} \caption[]{\label{fig:mcg_pc}\small Phase space representation of a human magneto-cardiogram using the two largest principal components. An initial embedding was chosen in $m=20$ dimensions with a delay of $\tau=7$~ms. The two components cover 70\% of the variance of the initial embedding vectors.} \end{figure} \subsection{Principal components}\label{sec:svd} It has been shown in Ref.~\cite{embed} that the embedding technique can be generalized to a wide class of smooth transformations applied to a time delay embedding. In particular, if we introduce time delay coordinates $\{{\ss}_n\}$, then almost every linear transformation of sufficient rank again leads to an embedding. A specific choice of linear transformation is known as {\em principal component analysis, singular value decomposition, empirical orthogonal functions, Karhunen-Lo\'eve decomposition}, and probably a few other names. The technique is fairly widely used, for example to reduce multivariate data to a few major modes. There is a large literature, including textbooks like that by Jolliffe~\cite{PC}. In the context of nonlinear signal processing, the technique has been advocated among others by Broomhead and King~\cite{svd}. The idea is to introduce a new set of orthonormal basis vectors in embedding space such that projections onto a given number of these directions preserve the maximal fraction of the variance of the original vectors. In other words, the error in making the projection is minimized for a given number of directions. Solving this minimization problem~\cite{PC} leads to an eigenvalue problem. The desired {\em principal directions} can be obtained as the eigenvectors of the symmetric autocovariance matrix that correspond to the largest eigenvalues. The alternative and formally equivalent approach via the trajectory matrix is used in Ref.~\cite{svd}. The latter is numerically more stable but involves the singular value decomposition of an $N\times m$ matrix for $N$ data points embedded in $m$ dimensions, which can easily exceed computational resources for time series of even moderate length~\cite{numrec}. In almost all the algorithms described below, simple time delay embeddings can be substituted by principal components. In the {TISEAN} project (routines {{\tt svd}}, {{\tt pc}}), principal components are only provided as a stand-alone visualization tool and for linear filtering~\cite{Vautard}, see Sec.~\ref{sec:svdfilter} below. In any case, one first has to choose an initial time delay embedding and then a number of principal components to be kept. For the purpose of visualization, the latter is immediately restricted to two or at most three. In order to take advantage of the noise averaging effect of the principal component scheme, it is advisable to choose a much shorter delay than one would for an ordinary time delay embedding, while at the same time increasing the embedding dimension. Experimentation is recommended. Figure~\ref{fig:mcg_pc} shows the contributions of the first two principal components to the magneto-cardiogram shown in Fig.~\ref{fig:mcgd}. \subsection{Poincar\'e sections} Highly sampled data representing the continuous time of a differential equation are called {\em flow} data. They are characterized by the fact that errors in the direction tangent to the trajectory do neither shrink nor increase exponentially (so called marginally stable direction) and thus possess one Lyapunov exponent which is zero, since any perturbation in this direction can be compensated by a simple shift of the time. Since in many data analysis tasks this direction is of low interest, one might wish to eliminate it. The theoretical concept to do so is called the Poincar\'e section. After having chosen an $(m-1)$-dimensional hyperplane in the $m$-dimensional (embedding) space, one creates a compressed time series of only the intersections of the time continuous trajectory with this hyperplane {\sl in a predefined orientation}. These data are then vector valued discrete time {\sl map like} data. One can consider the projection of these $(m-1)$-dimensional vectors onto the real numbers as another measurement function (e.g.\ by recording the value of $s_n$ when $\ss_n$ passes the Poincar\'e surface), so that one can create a new scalar time series if desirable. The program {{\tt poincare}} constructs a sequence of vectors from a scalar flow-like data set, if one specifies the hyperplane, the orientation, and the embedding parameters. The intersections of the discretely sampled trajectory with the Poincar\'e plane are computed by a third order interpolation. \begin{figure}[t] \begin{center} ~\\[-15pt] \input{INO_space.pstex}\\[-5pt] \input{INO_time.pstex} \end{center} \caption[]{\label{fig:delay.Poincare}\small Poincar\'e surface of section using {{\tt extrema}}: A two-dimensional delay plot of the sequence of maxima (top) and of the time intervals between successive maxima (bottom). without employing the option {\tt -t} {\sl time}, where {\sl time} is the number of time steps after the last extremum during which no further extrema are searched for (here: 3), one finds some fake extrema due to noise showing up close to the diagonal of the delay representation. Data: Time series of the output power of a CO$_2$ laser~\cite{INO}. } \end{figure} The placement of the Poincar\'e surface is of high relevance for the usefulness of the result. An optimal surface maximizes the number of intersections, i.e.\ minimizes the time intervals between them, if at the same time the attractor remains connected. One avoids the trials and errors related to that if one defines a surface by the zero crossing of the temporal derivative of the signal, which is synonymous with collecting all maxima or all minima, respectively. This is done by {\tt extrema}. However, this method suffers more from noise, since for small time derivatives (i.e.\ close to the extrema) additional extrema can be produced by perturbations. Another aspect for the choice of the surface of section is that one should try to maximize the variance of the data inside the section, since their absolute noise level is independent of the section. One last remark: Time intervals between intersections are phase space observables as well~\cite{Hegger+} and the embedding theorems are thus valid. For time series with pronounced spikes, one often likes to study the sequence of interspike time intervals, e.g.\ in cardiology the RR-intervals. If these time intervals are constructed in a way to yield time intervals of a Poincar\'e map, they are suited to reflect the deterministic structure (if any). For complications see~\cite{Hegger+}. For a periodically driven non-autonomous system the best surface of section is usually given by a fixed phase of the driving term, which is also called a {\sl stroboscopic view}. Here again the selection of the phase should be guided by the variance of the signal inside the section. \subsection{SVD filters}\label{sec:svdfilter} There are at least two reasons to apply an SVD filter to time series data: Either, if one is working with flow data, one can implicitly determine the optimal time delay, or, when deriving a stroboscopic map from synchronously sampled data of a periodically driven system, one might use the redundancy to optimize the signal to noise ratio. In both applications the mathematics is the same: One constructs the covariance matrix of all data vectors (e.g.\ in an $m$-dimensional time delay embedding space), \begin{equation} C_{ij}=\av{s_{n-m+i}s_{n-m+j}} - \av{s_{n-m+i}}\av{s_{n-m+j}} \,,\end{equation} and computes its singular vectors. Then one projects onto the $m$-dimensional vectors corresponding to the $q$ largest singular values. To work with flow data, $q$ should be at least the correct embedding dimension, and $m$ considerably larger (e.g.\ $m=2q$ or larger). The result is a vector valued time series, and in~\cite{embed} the relation of these components to temporal derivatives on the one hand and to Fourier components on the other hand were discussed. If, in the non-autonomous case, one wants to compress flow data to map data, $q=1$. In this case, the redundancy of the flow is implicitly used for noise reduction of the map data. The routine {{\tt svd}} can be used for both purposes. \section{Visualization, non-stationarity}\label{sec:visual} \subsection{Recurrence plots} Recurrence plots are a useful tool to identify structure in a data set in a time resolved way qualitatively. This can be intermittency (which one detects also by direct inspection), the temporary vicinity of a chaotic trajectory to an unstable periodic orbit, or non-stationarity. They were introduced in~\cite{Ruelle} and investigated in much detail in \cite{Casdagli_recurr}, where you find many hints on how to interprete the results. Our routine {{\tt recurr}} simply scans the time series and marks each pair of time indices $(i,j)$ with a black dot, whose corresponding pair of delay vectors has distance $\le \epsilon$. Thus in the $(i,j)$-plane, black dots indicate closeness. In an ergodic situation, the dots should cover the plane uniformly on average, whereas non-stationarity expresses itself by an overall tendency of the dots to be close to the diagonal. Of course, a return to a dynamical situation the system was in before becomes evident by a black region far away from the diagonal. In Fig.~\ref{fig:visual.recur}, a recurrence plot is used to detect transient behavior at the beginning of a longer recording. \begin{figure} \centerline{\input{string.pstex}} \caption[]{\label{fig:visual.recur}\small Recurrence plot for Poincar\'e section data from a vibrating string experiment~\cite{string}. Above the diagonal an embedding in two dimensions was used while below the diagonal, scalar time series values were compared. In both cases the lighter shaded region at the beginning of the recording indicates that these data are dynamically distinct from the rest. In this particular case this was due to adjustments in the measurement apparatus.} \end{figure} For the purpose of stationary testing, the recurrence plot is not particularly sensitive to the choice of embedding. The contrast of the resulting images can be selected by the distance $\epsilon$ and the percentage of dots that should be actually plotted. Various software involving the color rendering and quantification of recurrence plots is offered in DOS executable form by Webber~\cite{webber}. The interpretation of the often intriguing patterns beyond the detection and study of non-stationarity is still an open question. For suggestions for the study of nonstationary signals see~\cite{habil} and references given there. \begin{figure}[t] \centerline{\input{stp500.pstex}} \caption[]{\label{fig:visual.stp}\small Space-time separation plot of the CO$_2$ laser data. Shown are lines of constant probability density of a point to be $\epsilon$-neighbor of the current point if its temporal distance is $\delta t$. Probability densitites are 1/10 to 1 with increments of 1/10 from bottom to top. Clear correlations are visible.} \end{figure} \subsection{Space-time separation plot}\label{sec:stp} While the recurrence plot shows absolute times, the space-time separation plot introduced by Provenzale et al.~\cite{stp} integrates along parallels to the diagonal and thus only shows relative times. One usually draws lines of constant probability per time unit of a point to be an $\epsilon$-neighbor of the current point, when its time distance is $\delta t$. This helps identifying temporal correlations inside the time series and is relevant to estimate a reasonable delay time, and, more importantly, the Theiler-window $w$ in dimension and Lyapunov-analysis (see Sec.~\ref{sec:dimension}). Said in different words, it shows how large the temporal distance between points should be so that we can assume that they form independent samples according to the invariant measure. The corresponding routine of the {TISEAN} package is~{{\tt stp}}, see Fig.~\ref{fig:visual.stp}. \section{Nonlinear prediction}\label{sec:predict} To think about predictability in time series data is worth while even if one is not interested in forecasts at all. Predictability is one way how correlations between data express themselves. These can be linear correlations, nonlinear correlations, or even deterministic contraints. Questions related to those relevant for predictions will reappear with noise reduction and in surrogate data tests, but also for the computation of Lyapunov exponents from data. Prediction is discussed in most of the general nonlinear time series references, in particular, a nice collection of articles can be found in~\cite{SFI}. \subsection{Model validation} Before entering the methods, we have to discuss how to assess the results. The most obvious quantity for the quantification of predictability is the average forecast error, i.e.\ the root of the mean squared (rms) deviation of the individual prediction from the actual future value. If it is computed on those values which were also used to construct the model (or to perform the predictions), it is called the {\sl in-sample error}. It is always advisable to save some data for an out-of-sample test. If the out-of-sample error is considerably larger than the in-sample error, data are either non-stationary or one has overfitted the data, i.e.\ the fit extracted structure from random fluctuations. A model with less parameters will then serve better. In cases where the data base is poor, on can apply {\sl complete cross-validation} or {\sl take-one-out statistics}, i.e.\ one constructs as many models as one performs forecasts, and in each case ignores the point one wants to predict. By construction, this method is realized in the local approaches, but not in the global ones. The most significant, but least quantitative way of model validation is to iterate the model and to compare this synthetic time series to the experimental data. If they are compatible (e.g.\ in a delay plot), then the model is likely to be reasonable. Quantitatively, it is not easy to define the compatibility. One starts form an observed delay vector as intial condition, performs the first forecast, combines the forecast with all but the last components of the initial vector to a new delay vector, performs the next forecast, and so on. The resulting time series should then be compared to the measured data, most easily the attractor in a delay representation. \begin{figure} \centerline{\input{zero.pstex}} \caption[]{\label{fig:predict.INOzero}\small Predictions $k$ time steps ahead (no iterated predictions) using the program {{\tt zeroth}}. Top curve: embedding dimension two is insufficient, since these flow data fill a (2+$\epsilon$)-dimensional attractor. Second from top: Although embedding dimension four should in theory be a good embedding, $\tau=1$ suppresses structure perpendicular to the diagonal so that the predictions are as bad as in $m=2$! Lower curves: $m=3$ and $4$ with a delay of about 4-8 time units serve well. } \end{figure} \subsection{Simple nonlinear prediction}\label{sec:zeroth} Conventional linear prediction schemes average over all locations in phase space when they extract the correlations they exploit for predictability. Tong~\cite{TAR} promoted an extension that fits different linear models if the current state is below or above a given threshold (TAR, {\bf T}hreshold {\bf A}utoregressive {\bf M}odel). If we expect more than a slight nonlinear component to be present, it is preferable to make the approximation as local in phase space as possible. There have been many similar suggestions in the literature how to exploit local structure, see e.g.~\cite{Arkady,sugimay,Eckmann,fsid0}. The simplest approach is to make the approximation local but only keep the zeroth order, that is, approximate the dynamics locally by a constant. In the {TISEAN} package we include such a robust and simple method: In a delay embedding space, all neighbors of $\ss_n$ are saught, if we want to predict the measurements at time $n+k$. The forecast is then simply \begin{equation}\label{eq:predict.lazy} \hat s_{n+k}= {1\over |{\cal U}_n|} \sum_{\ss_j\in{\cal U}_n} s_{j+k} \,,\end{equation} i.e.\ the average over the ``futures'' of the neighbors. The average forecast errors obtained with the routine {{\tt zeroth}} ({{\tt predict}} would give similar results) for the laser output data used in Fig.~\ref{fig:delay.Poincare} as a function of the number $k$ of steps ahead the predictions are made is shown in Fig.~\ref{fig:predict.INOzero}. One can also iterate the predictions by using the time series as a data base. Apart from the embedding parameters, all that has to be specified for zeroth order predictions is the size of the neighborhoods. Since the diffusive motion below the noise level cannot be predicted anyway, it makes sense to select neighborhoods which are at least as large as the noise level, maybe two or three times larger. For fairly clean time series, this guideline may result in neighborhoods with very few points. Therefore {{\tt zeroth}} also permits to specify the minimal number of neighbors to base the predictions on. A relevant modification of this method is to extend the neighborhood ${\cal U}$ to infinity, but to introduce a distance dependent weight, \begin{equation}\label{eq:predict.kernel} \hat s_{n+k}= {\sum_{j\ne n} s_{j+k} w(|\ss_n-\ss_j|) \over \sum_{j\ne n} w(|\ss_n-\ss_j|)} \,,\end{equation} where $w$ is called the kernel. For $w(z)=\Theta(\epsilon-z)$ where $\Theta$ is the Heaviside step function, we return to Eq.(\ref{eq:predict.lazy}). \begin{figure} \centerline{\input{upo.pstex}} \caption[]{\label{fig:upo}\small Orbits of period six, or a sub-period thereof, of the H\'enon map, determined from noisy data. The H\'enon attractor does not have a period three orbit.} \end{figure} \subsection{Finding unstable periodic orbits}\label{sec:upo} As an application of simple nonlinear phase space prediction, let us discuss a method to locate unstable periodic orbits embedded in a chaotic attractor. This is not the place to review the existing methods to solve this problem, some references include~\cite{auerbach,biham,so,schmelcher}. The {TISEAN} package contains a routine that implements the requirement that for a period $p$ orbit $\{\tilde\ss_n,n=1,\ldots,p\}$ of a dynamical system like Eq.(\ref{eq:map}) acting on delay vectors \begin{equation}\label{eq:upo} \tilde\ss_{n+1}={\bf f}(\tilde\ss_n), \quad n=1,\ldots,p, \quad \tilde\ss_{p+1}\equiv\tilde\ss_1 \,.\end{equation} With unit delay, the $p$ delay vectors contain $p$ different scalar entries, and Eq.(\ref{eq:upo}) defines a root of a system of $p$ nonlinear equations in $p$ dimensions. Multidimensional root finding is not a simple problem. The standard Newton method has to be augmented by special tricks in order to converge globally. Some such tricks, in particular means to select different solutions of Eq.(\ref{eq:upo}) are implemented in~\cite{schmelcher}. Similarly to the problems encountered in nonlinear noise reduction, solving Eq.(\ref{eq:upo}) {\em exactly} is particularly problematic since ${\bf f}(\cdot)$ is unknown and must be estimated from the data. In Ref.~\cite{so}, approximate solutions are found by performing just one iteration of the Newton method for each available time series point. We prefer to look for a {\em least squares} solution by minimizing \begin{equation}\label{eq:upo2} \sum_{n=1}^p \|\tilde\ss_{n+1}-{\bf f}(\tilde\ss_n)\|^2, \quad \tilde\ss_{p+1}\equiv\tilde\ss_1 \end{equation} instead. The routine {{\tt upo}} uses a standard Levenberg-Marquardt algorithm to minimize (\ref{eq:upo2}). For this it is necessary that ${\bf f}(\cdot)$ is smooth. Therefore we cannot use the simple nonlinear predictor based on locally constant approximations and we have to use a smooth kernel version, Eq.(\ref{eq:predict.kernel}), instead. With $w(z)=exp(-z^2/2h^2)$, the kernel bandwidth $h$ determines the degree of smoothness of ${\bf f}(\cdot)$. Trying to start the minimization with all available time series segments will produce a number of false minima, depending on the value of $h$. These have to be distinguished from the true solutions by inspection. On the other hand, we can reach solutions of Eq.(\ref{eq:upo}) which are not closely visited in the time series at all, an important advantage over close return methods~\cite{auerbach}. It should be noted that, depending on $h$, we may always find good minima of (\ref{eq:predict.kernel}), even if no solution of Eq.(\ref{eq:upo}), or not even a truly deterministic dynamics exists. Thus the finding of unstable periodic orbits in itself is not a strong indicator of determinism. We may however use the cycle locations or stabilities as a discriminating statistics in a test for nonlinearity, see Sec.~\ref{sec:surro}. While the orbits themselves are found quite easily, it is surprisingly difficult to obtain reliable estimates of their stability in the presence of noise. In {{\tt upo}}, a small perturbation is iterated along the orbit and the unstable eigenvalue is determined by the rate of its separation from the periodic orbit. The user of {{\tt upo}} has to specify the embedding dimension, the period (which may also be smaller) and the kernel bandwidth. For efficiency, one may choose to skip trials with very similar points. Orbits are counted as distinct only when they differ by a specified amount. The routine finds the orbits, their expanding eigenvalue, and possible sub-periods. Figure~\ref{fig:upo} shows the determination of all period six orbits from 1000 iterates of the H\'enon map, contaminated by 10\% Gaussian white noise. \subsection{Locally linear prediction} If there is a good reason to assume that the relation $s_{n+1}=f(\ss_n)$ is fulfilled by the experimental data in good approximation (say, within 5\%) for some unknown $f$ and that $f$ is smooth, predictions can be improved by fitting local linear models. They can be considered as the local Taylor expansion of the unknown $f$, and are easily determined by minimizing \begin{equation}\label{eq:predict.loclin1} \sigma^2=\sum_{\ss_j\in{\cal U}_n} (s_{j+1}-\aa_n\ss_j - b_n)^2 \end{equation} with respect to $\aa_n$ and $b_n$, where ${\cal U}_n$ is the $\epsilon$-neighborhood of $\ss_n$, excluding $\ss_n$ itself, as before. Then, the prediction is $\hat s_{n+1}=\aa_n\ss_n +b_n$. The minimization problem can be solved through a set of coupled linear equations, a standard linear algebra problem. This scheme is implemented in {{\tt onestep}}. For moderate noise levels and time series lengths this can give a reasonable improvement over {{\tt zeroth}} and {{\tt predict}}. Moreover, as discussed in Sec.\ref{sec:lyap}, these linear maps are needed for the computation of the Lyapunov spectrum. Locally linear approximation was introduced in~\cite{Eckmann,fsid0}. We should note that the straight least squares solution of Eq.(\ref{eq:predict.loclin1}) is not always optimal and a number of strategies are available to regularize the problem if the matrix becomes nearly singular and to remove the bias due to the errors in the ``independent'' variables. These strategies have in common that any possible improvement is bought with considerable complication of the procedure, requiring subtle parameter adjustments. We refer the reader to Refs.~\cite{kugiLL,jaeger} for advanced material. In Fig.~\ref{fig:predict.INOnstep} we show iterated predictions of the Poincar\'e map data from the CO$_2$ laser (Fig.~\ref{fig:delay.Poincare}) in a delay representation (using {{\tt nstep}} in two dimensions). The resulting data do not only have the correct marginal distribution and power spectrum, but also form a perfect skeleton of the original noisy attractor. There are of course artefacts due to noise and the roughness of this approach, but there are good reasons to assume that the line-like substructure reflects fractality of the unperturbed system. \begin{figure}[t] \centerline{\input{INOnstep.pstex}} \caption[]{\label{fig:predict.INOnstep}\small Time delay representation of 5000 iterations of the local linear predictor {{\tt nstep}} in two dimensions, starting from the last delay vector of Fig.~\ref{fig:delay.Poincare}.} \end{figure} Casdagli~\cite{Casdagli_royal} suggested to use local linear models as a test for nonlinearity: He computed the average forecast error as a function of the neighborhood size on which the fit for $\aa_n$ and $b_n$ is performed. If the optimum occurs at large neighborhood sizes, the data are (in this embedding space) best described by a linear stochastic process, whereas an optimum at rather small sizes supports the idea of the existence of a nonlinear almost deterministic equation of motion. This protocol is implemented in the routine {{\tt ll-ar}}, see Fig.~\ref{fig:predict.casdagli}. \begin{figure}[t] \centerline{\input{casdagli.pstex}} \caption[]{\label{fig:predict.casdagli}\small The Casdagli test for nonlinearity: The rms prediction error of local linear models as a function of the neighborhood size $\epsilon$. Lower curve: The CO$_2$ laser data. These data are obviously highly deterministic in $m$=4 dimensions and with lag $\tau$=6. Central curve: The breath rate data shown in Fig.~\ref{fig:b} with $m$=4 and $\tau$=1. Determinism is weaker (presumably due to a much higher noise level), but still the nonlinear structure is dominant. Upper curve: Numerically generated data of an AR(5) process, a linearly correlated random process ($m$=5, $\tau$=1).} \end{figure} \subsection{Global function fits} The local linear fits are very flexible, but can go wrong on parts of the phase space where the points do not span the available space dimensions and where the inverse of the matrix involved in the solution of the minimization does not exist. Moreover, very often a large set of different linear maps is unsatisfying. Therefore many authors suggested to fit global nonlinear functions to the data, i.e.\ to solve \begin{equation}\label{eq:predict.global} \sigma^2=\sum_n (s_{n+1}-f_p(\ss_n))^2 \,,\end{equation} where $f_p$ is now a nonlinear function in closed form with parameters $p$, with respect to which the minimization is done. Polynomials, radial basis functions, neural nets, orthogonal polynomials, and many other approaches have been used for this purpose. The results depend on how far the chosen ansatz $f_p$ is suited to model the unknown nonlinear function, and on how well the data are deterministic at all. We included the routines {{\tt rbf}} and {{\tt polynom}} in the {TISEAN} package, where $f_p$ is modeled by radial basis functions~\cite{rbf,lenny_rbf} and polynomials~\cite{Casdagli_pred}, respectively. The advantage of these two models is that the parameters $p$ occur linearly in the function $f$ and can thus be determined by simple linear algebra, and the solution is unique. Both features are lost for models where the parameters enter nonlinearly. In order to make global nonlinear predictions, one has to supply the embedding dimension and time delay as usual. Further, for {{\tt polynom}} the order of the polynomial has to be given. The program returns the coefficients of the model. In {{\tt rbf}} one has to specify the number of basis functions to be distributed on the data. The width of the radial basis functions (Lorentzians in our program) is another parameter, but since the minimization is so fast, the program runs many trial values and returns parameters for the best. Figure~\ref{fig:predict.INO.rbf} shows the result of a fit to the CO$_2$ laser time series (Fig.~\ref{fig:delay.Poincare}) with radial basis functions. \begin{figure} \centerline{\input{INO_rbf.pstex}} \caption[]{\label{fig:predict.INO.rbf}\small Attractor obtained by iterating the model that has been obtained by a fit with 40 radial basis functions in two dimensions to the time series shown in Fig.~\ref{fig:delay.Poincare}. Compare also Fig.~\ref{fig:predict.INOnstep}.} \end{figure} If global models are desired in order to infer the structure and properties of the underlying system, they should be tested by iterating them. The prediction errors, although small in size, could be systematic and thus repel the iterated trajectory from the range where the original data are located. It can be useful to study a dependence of the size or the sign of the prediction errors on the position in the embedding space, since systematic errors can be reduced by a different model. Global models are attractive because they yield closed expressions for the full dynamics. One must not forget, however, that these models describe the observed process only in regions of the space which have been visited by the data. Outside this area, the shape of the model depends exclusively on the chosen ansatz. In particular, polynomials diverge outside the range of the data and hence can be unstable under iteration. \section{Nonlinear noise reduction}\label{sec:noise} Filtering of signals from nonlinear systems requires the use of special methods since the usual spectral or other linear filters may interact unfavorably with the nonlinear structure. Irregular signals from nonlinear sources exhibit genuine broad band spectra and there is no justification to identify any continuous component in the spectrum as noise. Nonlinear noise reduction does not rely on frequency information in order to define the distinction between signal and noise. Instead, structure in the reconstructed phase space will be exploited. General serial dependencies among the measurements $\{s_n\}$ will cause the delay vectors $\{{\ss}_n\}$ to fill the available $m$-dimensional embedding space in an inhomogeneous way. Linearly correlated Gaussian random variables will for example be distributed according to an anisotropic multivariate Gaussian distribution. Linear geometric filtering in phase space seeks to identify the principal directions of this distribution and project onto them, see Sec.~\ref{sec:svdfilter}. Nonlinear noise reduction takes into account that nonlinear signals will form curved structures in delay space. In particular, noisy {\em deterministic} signals form smeared-out lower dimensional manifolds. Nonlinear phase space filtering seeks to identify such structures and project onto them in order to reduce noise. There is a rich literature on nonlinear noise reduction methods. Two articles of review character are available, one by Kostelich and Schreiber~\cite{ks}, and one by Davies~\cite{Davies}. We refer the reader to these articles for further references and for the discussion of approaches not described in the present article. Here we want to concentrate on two approaches that represent the geometric structure in phase space by local approximation. The first and simplest does so to constant order, the more sophisticated uses local linear subspaces plus curvature corrections. \subsection{Simple nonlinear noise reduction} The simplest nonlinear noise reduction algorithm we know of replaces the central coordinate of each embedding vector by the local average of this coordinate. This amounts to a locally constant approximation of the dynamics and is based on the assumption that the dynamics is continuous. The algorithm is described in~\cite{lazy}, a similar approach is proposed in~\cite{Arkady}. In an unstable, for example chaotic, system, it is essential not to replace the first and last coordinates of the embedding vectors by local averages. Due to the instability, initial errors in these coordinates are magnified instead of being averaged out. This noise reduction scheme is implemented quite easily. First an embedding has to be chosen. Except for extremely oversampled data, it is advantageous to choose a short time delay. The program {{\tt lazy}} always uses unit delay. The embedding dimension $m$ should be chosen somewhat higher than that required by the embedding theorems. Then for each embedding vector $\{{\ss}_n\}$, a neighborhood ${\cal U}_{\epsilon}^{(n)}$ is formed in phase space containing all points $\{{\ss}_{n'}\}$ such that $\|{\ss}_n-{\ss}_{n'}\| < \epsilon$. The radius of the neighborhoods $\epsilon$ should be taken large enough in order to cover the noise extent, but still smaller than a typical curvature radius. These conditions cannot always be fulfilled simultaneously, in which case one has to repeat the process with several choices and carefully evaluate the results. If the noise level is substantially smaller than the typical radius of curvature, neighborhoods of radius about 2-3 times the noise level gave the best results with artificial data. For each embedding vector ${\ss}_n=(s_{n-(m-1)}, \ldots, s_n)$ (the delay time has been set to unity), a corrected middle coordinate $\hat{s}_{n-m/2}$ is computed by averaging over the neighborhood ${\cal U}_{\epsilon}^{(n)}$: \begin{equation}\label{eq:lazy} \hat{s}_{n-m/2} = {1 \over |{\cal U}_{\epsilon}^{(n)}|} \sum_{{\ss}_{n'}\in {\cal U}_{\epsilon}^{(n)}} s_{n'-m/2} \,.\end{equation} After one complete sweep through the time series, all measurements $s_n$ are replaced by the corrected values $\hat{s}_n$. Of course, for the first and last $(m-1)/2$ points (if $m$ is odd), no correction is available. The average correction can be taken as a new neighborhood radius for the next iteration. Note that the neighborhood of each point at least contains the point itself. If that is the only member, the average Eq.(\ref{eq:lazy}) is simply the uncorrected measurement and no change is made. Thus one can safely perform multiple iterations with decreasing values of $\epsilon$ until no further change is made. Let us illustrate the use of this scheme with an example, a recording of the air flow through the nose of a human as an indicator of breath activity. (The data is part of data set B of the Santa Fe time series contest held in 1991/92~\cite{SFI}, see Rigney et al.~\cite{b.dat} for a description.) The result of simple nonlinear noise reduction is shown in Fig.~\ref{fig:b}. \begin{figure}[t] \begin{center} ~\\[-15pt] \input{b.pstex} \input{b_cl.pstex} \end{center} \caption[]{\label{fig:b}\small Simple nonlinear noise reduction of human breath rate data. Three iterations have been carried out, staring with neighborhoods of size 0.4~units. Embeddings in 7 dimensions at unit delay have been used. Arguably, the resulting series (lower panel) is less noisy. However, in Sec.~\ref{sec:surro} we will show evidence that the noise is not just additive and independent of the signal. } \end{figure} \subsection{Locally projective nonlinear noise reduction} A more sophisticated method makes use of the hypotheses that the measured data is composed of the output of a low-dimensional dynamical system and of random or high-dimensional noise. This means that in an arbitrarily high-dimensional embedding space the deterministic part of the data would lie on a low-dimensional manifold, while the effect of the noise is to spread the data off this manifold. If we suppose that the amplitude of the noise is sufficiently small, we can expect to find the data distributed closely around this manifold. The idea of the projective nonlinear noise reduction scheme is to identify the manifold and to project the data onto it. The strategies described here go back to Ref.~\cite{on}. A realistic case study is detailed in Ref.~\cite{buzug}. Suppose the dynamical system, Eq.~(\ref{eq:ode}) or Eq.~(\ref{eq:map}), form a $q$-dimensional manifold $\cal M$ containing the trajectory. According to the embedding theorems, there exists a one-to-one image of the attractor in the embedding space, if the embedding dimension is sufficiently high. Thus, if the measured time series were not corrupted with noise, all the embedding vectors ${\bf s}_n$ would lie inside another manifold $\tilde{\cal M}$ in the embedding space. Due to the noise this condition is no longer fulfilled. The idea of the locally projective noise reduction scheme is that for each ${\bf s}_n$ there exists a correction ${\bf\Theta}_n$, with $\|{\bf\Theta}_n\|$ small, in such a way that ${\bf s}_n-{\bf \Theta}_n\in\tilde{\cal M}$ and that ${\bf \Theta}_n$ is orthogonal on $\tilde{\cal M}$. Of course a projection to the manifold can only be a reasonable concept if the vectors are embedded in spaces which are higher dimensional than the manifold $\tilde{\cal M}$. Thus we have to over-embed in $m$-dimensional spaces with $m>q$. The notion of orthogonality depends on the metric used. Intuitively one would think of using the Euclidean metric. But this is not necessarily the best choice. The reason is that we are working with delay vectors which contain temporal information. Thus even if the middle parts of two delay vectors are close, the late parts could be far away from each other due to the influence of the positive Lyapunov exponents, while the first parts could diverge due the negative ones. Hence it is usually desirable to correct only the center part of delay vectors and leave the outer parts mostly unchanged, since their divergence is not only a consequence of the noise, but also of the dynamics itself. It turns out that for most applications it is sufficient to fix just the first and the last component of the delay vectors and correct the rest. This can be expressed in terms of a metric tensor ${\bf P}$ which we define to be~\cite{on} \begin{equation} {\bf P}_{ij}=\left\{\begin{array}{l@{\quad:\quad}l} 1 & i=j\quad\mbox{and}\quad 1<i,j<m\\ 0 & \mbox{elsewhere} \end{array}\right. \,,\end{equation} where $m$ is the dimension of the ``over-embedded'' delay vectors. Thus we have to solve the minimization problem \begin{equation} \sum_i \left({\bf\Theta}_i {\bf P^{-1}\Theta}_i\right) \stackrel{!}{=}\mbox{min} \end{equation} with the constraints \begin{equation} {\bf a}_n^i\left({\bf s}_n-{\bf\Theta}_n\right) +b^i_n=0\qquad\mbox{for}\quad i=q+1,\ldots,m \end{equation} and \begin{equation} {\bf a}_n^i{\bf P}{\bf a}_n^j=\delta_{ij} \end{equation} where the ${\bf a}_n^i$ are the normal vectors of $\tilde{\cal M}$ at the point ${\bf s}_n-{\bf \Theta}_n$. This ideas are realized in the programs {{\tt ghkss}}, {{\tt project}}, and {{\tt noise}} in {TISEAN}. While the first two work as {\em a posteriori} filters on complete data sets, the last one can be used in a data stream. This means that it is possible to do the corrections online, while the data is coming in (for more details see section~\ref{subsec.noise_stream}). All three algorithms mentioned above correct for curvature effects. This is done by either post-processing the corrections for the delay vectors ({{\tt ghkss}}) or by preprocessing the centres of mass of the local neighborhoods ({{\tt project}}). The idea used in the {{\tt ghkss}} program is the following. Suppose the manifold were strictly linear. Then, provided the noise is white, the corrections in the vicinity of a point on the manifold would point in all directions with the same probability. Thus, if we added all the corrections ${\bf \Theta}$ we expect them to sum to zero (or $\langle{\bf\Theta}\rangle={\bf O}$). On the other hand, if the manifold is curved, we expect that there is a trend towards the centre of curvature ($\langle{\bf\Theta}\rangle = {\bf\Theta}_{\mbox{\scriptsize av}}$). Thus, to correct for this trend each correction ${\bf\Theta}$ is replaced by ${\bf\Theta}-{\bf\Theta}_{\mbox{\scriptsize av}}$. A different strategy is used in the program {{\tt project}}. The projections are done in a local coordinate system which is defined by the condition that the average of the vectors in the neighborhood is zero. Or, in other words, the origin of the coordinate systems is the centre of mass $\langle{\bf s}_n\rangle_{\cal U}$ of the neighborhood $\cal U$. This centre of mass has a bias towards the centre of the curvature~\cite{KantzSchreiber}. Hence, a projection would not lie on the tangent at the manifold, but on a secant. Now we can compute the centre of mass of these points in the neighborhood of ${\bf s}_n$. Let us call it $\langle\langle{\bf s}_n\rangle\rangle_{\cal U}$. Under fairly mild assumptions this point has twice the distance from the manifold then $\langle{\bf s}_n\rangle_{\cal U}$. To correct for the bias the origin of the local coordinate system is set to the point: $\langle\langle{\bf s}_n\rangle\rangle_{\cal U} - 2\langle{\bf s}_n\rangle_{\cal U}$. The implementation and use of locally projective noise reduction as realized in {{\tt project}} and {{\tt ghkss}} is described in detail in Refs.~\cite{on,buzug}. Let us recall here the most important parameters that have to be set individually for each time series. The embedding parameters are usually chosen quite differently from other applications since considerable over-embedding may lead to better noise averaging. Thus, the delay time is preferably set to unity and the embedding dimension is chosen to provide embedding windows of reasonable lengths. Only for highly oversampled data (like the magneto-cardiogram, Fig.~\ref{fig:mcgnoise}, at about 1000 samples per cycle), larger delays are necessary so that a substantial fraction of a cycle can be covered without the need to work in prohibitively high dimensional spaces. Next, one has to decide how many dimensions $q$ to leave for the manifold supposedly containing the attractor. The answer partly depends on the purpose of the experiment. Rather brisk projections can be optimal in the sense of lowest residual deviation from the true signal. Low rms error can however coexist with systematic distortions of the attractor structure. Thus for a subsequent dimension calculation, a more conservative choice would be in order. Remember however that points are only moved {\em towards} the local linear subspace and too low a value of $q$ does not do as much harm as may be though. \begin{figure}[t] \begin{center} ~\\[-10pt] \input{raser.pstex}\\ \input{raser_c.pstex} \end{center} \caption[]{\label{fig.noise_opt_raser}\small Two-dimensional representation of the NMR Laser data (top) and the result of the {{\tt ghkss}} algorithm (bottom) after three iterations.} \end{figure} The noise amplitude to be removed can be selected to some degree by the choice of the neighborhood size. In fact, nonlinear projective filtering can be seen independently of the dynamical systems background as filtering by amplitude rather than by frequency or shape. To allow for a clear separation of noise and signal directions locally, neighborhoods should be at least as large as the supposed noise level, rather larger. This of course competes with curvature effects. For small initial noise levels, it is recommended to also specify a minimal number of neighbors in order to permit stable linearizations. Finally, we should remark that in successful cases most of the filtering is done within the first one to three iterations. Going further is potentially dangerous since further corrections may lead mainly to distortion. One should watch the rms correction in each iteration and stop as soon as it doesn't decrease substantially any more. As an example for nonlinear noise reduction we treat the data obtained from an NMR laser experiment~\cite{raser}. Enlargements of two-dimensional delay representations of the data are shown in Fig.~\ref{fig.noise_opt_raser}. The upper panel shows the raw experimental data which contains about 1.1\% of noise. The lower panel was produced by applying three iterations of the noise reduction scheme. The embedding dimension was $m=7$, the vectors were projected down to two dimensions. The size of the local neighborhoods were chosen such that at least 50 neighbors were found. One clearly sees that the fractal structure of the attractor is resolved fairly well. \begin{figure}[t] \begin{center} ~\\[-10pt] \input{gauss.pstex}\\ \input{gauss_c.pstex} \end{center} \caption[]{\label{fig.noise_opt_breath}\small Two-dimensional representation of a pure Gaussian process (top) and the outcome of the {{\tt ghkss}} algorithm (bottom) after 10 iterations. Projections from $m=7$ down to two dimensions were performed.} \end{figure} The main assumption for this algorithm to work is that the data is well approximated by a low-dimensional manifold. If this is not the case it is unpredictable what results are created by the algorithm. In the absence of a real manifold, the algorithm must pick statistical fluctuations and spuriously interprets them as structure. Figure~\ref{fig.noise_opt_breath} shows a result of the {{\tt ghkss}} program for pure Gaussian noise. The upper panel shows a delay representation of the original data, the lower shows the outcome of applying the algorithm for 10 iterations. The structure created is purely artifical and has nothing to do with structures in the original data. This means that if one wants to apply one of the algorithms, one has to carefully study the results. If the assumptions underlying the algorithms are not fulfilled in principle anything can happen. One should note however, that the performance of the program itself indicates such spurious behavior. For data which is indeed well approximated by a lower dimensional manifold, the average corrections applied should rapidly decrease with each successful iteration. This was the case with the NMR laser data and in fact, the correction was so small after three iteration that we stopped the procedure. For the white noise data, the correction only decreased at a rate that corresponds to a general shrinking of the point set, indicating a lack of convergence towards a genuine low dimensional manifold. Below, we will give an example where an approximating manifold is present without pure determinism. In that case, projecting onto the manifold does reduce noise in a reasonable way. See Ref.~\cite{danger} for material on the dangers of geometric filtering. \subsection{Nonlinear noise reduction in a data stream} \label{subsec.noise_stream} In Ref.~\cite{Filter}, a number of modifications of the above procedure have been discussed which enable the use of nonlinear projective filtering in a data stream. In this case, only points in the past are available for the formation of neighborhoods. Therefore the neighbor search strategy has to be modified. Since the algorithm is described in detail in Ref.~\cite{Filter}, we only give an example of its use here. Figure~\ref{fig:mcgnoise} shows the result of nonlinear noise reduction on a magneto-cardiogram (see Figs.~\ref{fig:mcgd} and~\ref{fig:mcg_pc}) with the program {{\tt noise}}. The same program has also been used successfully for the extraction of the fetal ECG~\cite{fetal2}. \begin{figure}[t] \begin{center} ~\\[-10pt] \input{mcg_n.pstex}\\[-17pt] \input{mcg_c.pstex} \end{center} \caption[]{\label{fig:mcgnoise}\small Real time nonlinear projective filtering of a magneto-cardiogram time series. The top panel shows the unfiltered data. Bottom: Two iterations were done using projections from $m=10$ down to $q=2$ dimensions (delay 0.01~s). Neighborhoods were limited to a radius of 0.1 units (0.05 in the second iteration) and to maximally 200 points. Neighbors were only sought up to 5~s back in time. Thus the first 5~s of data are not filtered optimally and are not shown here. Since the output of each iteration leaps behind its input by one delay window the last 0.2~s cannot be processed given the data in the upper panel.} \end{figure} \section{Lyapunov exponents}\label{sec:lyap} Chaos arises from the exponential growth of infinitesimal perturbations, together with global folding mechanisms to guarantee boundedness of the solutions. This exponential instability is characterized by the spectrum of Lyapunov exponents~\cite{EckRuelle}. If one assumes a local decomposition of the phase space into directions with different stretching or contraction rates, then the spectrum of exponents is the proper average of these local rates over the whole invariant set, and thus consists of as many exponents as there are space directions. The most prominent problem in time series analysis is that the physical phase space is unknown, and that instead the spectrum is computed in some embedding space. Thus the number of exponents depends on the reconstruction, and might be larger than in the physical phase space. Such additional exponents are called {\sl spurious}, and there are several suggestions to either avoid them~\cite{spurious} or to identify them. Moreover, it is plausible that only as many exponents can be determined from a time series as are entering the Kaplan Yorke formula (see below). To give a simple example: Consider motion of a high-dimensional system on a stable limit cycle. The data cannot contain any information about the stability of this orbit against perturbations, as long as they are exactly on the limit cycle. For transients, the situation can be different, but then data are not distributed according to an invariant measure and the numerical values are thus difficult to interpret. Apart from these difficulties, there is one relevant positive feature: Lyapunov exponents are invariant under smooth transformations and are thus independent of the measurement function or the embedding procedure. They carry a dimension of an inverse time and have to be normalized to the sampling interval. \begin{figure}[t] \centerline{\input{lyap.pstex}} \centerline{\input{lyapflow.pstex}} \caption[]{\label{fig:lyap.1}\small Estimating the maximal Lyapunov exponent of the CO$_2$ laser data. The top panel shows results for the Poincar\'e map data, where the average time interval $T_{\mbox{\scriptsize av}}$ is 52.2 samples of the flow, and the straight line indicates $\lambda=0.38$. For comparison: The iteration of the radial basis function model of Fig.~\ref{fig:predict.INO.rbf} yields $\lambda$=0.35. Bottom panel: Lyapunov exponents determined directly from the flow data. The straight line has slope $\lambda=0.007$. In good approximation, $\lambda_{\mbox{\scriptsize map}}=\lambda_{\mbox{\scriptsize flow}}T_{\mbox{\scriptsize av}}$. Here, the time window $w$ to suppress correlated neighbors has been set to 1000, and the delay time was 6~units.} \end{figure} \subsection{The maximal exponent}\label{sec:lyapmax} The maximal Lyapunov exponent can be determined without the explicit construction of a model for the time series. A reliable characterization requires that the independence of embedding parameters and the exponential law for the growth of distances are checked~\cite{Holger,rose} explicitly. Consider the representation of the time series data as a trajectory in the embedding space, and assume that you observe a very close return $\ss_{n'}$ to a previously visited point $\ss_n$. Then one can consider the distance $\Delta_0= \ss_n-\ss_{n'}$ as a small perturbation, which should grow exponentially in time. Its future can be read from the time series: $\Delta_l=\ss_{n+l}-\ss_{n'+l}$. If one finds that $|\Delta_l|\approx \Delta_0 e^{\lambda l}$ then $\lambda$ is (with probability one) the maximal Lyapunov exponent. In practice, there will be fluctuations because of many effects, which are discussed in detail in~\cite{Holger}. Based on this understanding, one can derive a robust consistent and unbiased estimator for the maximal Lyapunov exponent. One computes \begin{equation}\label{eq:S} S(\epsilon,m,t)=\left\langle \ln\left(\frac{1}{|{\cal U}_n|}\sum_{\ss_{n'}\in{\cal U}_n} |s_{n+t}-s_{n'+t}|\right)\right\rangle_n \,.\end{equation} If $S(\epsilon,m,t)$ exhibits a linear increase with identical slope for all $m$ larger than some $m_0$ and for a reasonable range of $\epsilon$, then this slope can be taken as an estimate of the maximal exponent $\lambda_1$. The formula is implemented in the routines {{\tt lyap\_k}} and {{\tt lyapunov}} in a straightforward way. (The program {{\tt lyap\_r}} implements the very similar algorithm of Ref.~\cite{rose} where only the closest neighbor is followed for each reference point. Also, the Euclidean norm is used.) Apart from parameters characterizing the embedding, the initial neighborhood size $\epsilon$ is of relevance: The smaller $\epsilon$, the large the linear range of $S$, if there is one. Obviously, noise and the finite number of data points limit $\epsilon$ from below. The default values of {{\tt lyap\_k}} are rather reasonable for map-like data. It is not always necessary to extend the average in Eq.(\ref{eq:S}) over the whole available data, reasonable averages can be obtained already with a few hundred reference points ${\ss}_n$. If some of the reference points have very few neighbors, the corresponding inner sum in Eq.(\ref{eq:S}) is dominated by fluctuations. Therefore one may choose to exclude those reference points which have less than, say, ten neighbors. However, discretion has to be applied with this parameter since it may introduce a bias against sparsely populated regions. This could in theory affect the estimated exponents due to multifractality. Like other quantities, Lyapunov estimates may be affected by serial correlations between reference points and neighbors. Therefore, a minimum time for $|n-n'|$ can and should be specified here as well. See also Sec.\ref{sec:dimension}. Let us discuss a few typical outcomes. The data underlying the top panel of Fig.~\ref{fig:lyap.1} are the values of the maxima of the CO$_2$ laser data. Since this laser exhibits low dimensional chaos with a reasonable noise level, we observe a clear linear increase in this semi-logarithmic plot, reflecting the exponential divergence of nearby trajectories. The exponent is $\lambda\approx0.38$ per iteration (map data!), or, when introducing the average time interval, 0.007 per $\mu$s. In the bottom panel we show the result for the same system, but now computed on the original flow-like data with a sampling rate of 1~MHz. As additional structure, an initial steep increase and regular oscillations are visible. The initial increase is due to non-normality and effects of alignment of distances towards the locally most unstable direction, and the oscillations are an effect of the locally different velocities and thus different densities. Both effects can be much more dramatic in less favorable cases, but as long as the regular oscillations possess a linearly increasing average, this can be taken as the estimate of the Lyapunov exponent. Normalizing by the sampling rate, we again find $\lambda\approx$ 0.007 per $\mu$s, but it is obvious that the linearity is less pronounced then for the map-like data. Finally, we show in Fig.~\ref{fig:lyap.2} an example of a negative result: We study the human breath rate data used before. No linear part exists, and one cannot draw any reasonable conclusion. It is worth considering the figure on a doubly logarithmic scale in order to detect a power law behavior, which, with power 1/2, could be present for a diffusive growth of distances. In this particular example, there is no convincing power law either. \begin{figure}[t] \centerline{\input{lyapbreath.pstex}} \caption[]{\label{fig:lyap.2}\small The breath rate data (c.f. Fig.~\ref{fig:b}) exhibit no linear increase, reflecting the lack of exponential divergence of nearby trajectories.} \end{figure} \subsection{The Lyapunov spectrum} The computation of the full Lyapunov spectrum requires considerably more effort than just the maximal exponent. An essential ingredient is some estimate of the local Jacobians, i.e.\ of the linearized dynamics, which rules the growth of infinitesimal perturbations. One either finds it from direct fits of local linear models of the type $s_{n+1}=\aa_n\ss_n + b_n$, such that the first row of the Jacobian is the vector $\aa_n$, and $({\bf J})_{ij}=\delta_{i-1,j}$ for $i=2,\ldots,m$, where $m$ is the embedding dimension. The $\aa_n$ is given by the least squares minimization $\sigma^2=\sum_l (s_{l+1} - \aa_n\ss_l -b_n)^2$ where $\{\ss_l\}$ is the set of neighbors of $\ss_n$~\cite{Eckmann,sano}. Or one constructs a global nonlinear model and computes its local Jacobians by taking derivatives. In both cases, one multiplies the Jacobians one by one, following the trajectory, to as many different vectors ${\bf u}_k$ in tangent space as one wants to compute Lyapunov exponents. Every few steps, one applies a Gram-Schmidt orthonormalization procedure to the set of ${\bf u}_k$, and accumulates the logarithms of their rescaling factors. Their average, in the order of the Gram-Schmidt procedure, give the Lyapunov exponents in descending order. The routine {{\tt lyap\_spec}} uses this method, which goes back to~\cite{sano} and~\cite{Eckmann}, employing local linear fits. Apart from the problem of spurious exponents, this method contains some other pitfalls: It {\sl assumes} that there exist well defined Jacobians, and does not test for their relevance. In particular, when attractors are thin in the embedding space, some (or all) of the local Jacobians might be estimated very badly. Then the whole product can suffer from these bad estimates and the exponents are correspondingly wrong. Thus the global nonlinear approach can be superior, if a modeling has been successful, see Sec.~\ref{sec:predict}. In Table~\ref{tab:Lyap1} we show the exponents of the stroboscopic NMR laser data in a three dimensional embedding as a function of the neighborhood size. Using global nonlinear models, we find the numbers given in the last two rows. More material is discussed in~\cite{KantzSchreiber}. The spread of values in the table for this rather clean data set reflects the difficulty of estimating Lyapunov spectra from time series, which has to be done with great care. In particular, when the algorithm is blindly applied to data from a random process, it cannot internally check for the consistency of the assumption of an underlying dynamical system. Therefore a Lyapunov spectrum is computed which now is completely meaningless. \begin{table} \begin{center} ~\\[-5pt] \begin{tabular}{l@{}rccc} method & & $\lambda_1$ & $\lambda_2$ & $\lambda_3$ \\ \hline local linear & $k$=20 & 0.32 & -0.40 & -1.13 \\ \multicolumn{1}{c}{``} & $k$=40 & 0.30 & -0.51 & -1.21 \\ \multicolumn{1}{c}{``} & $k$=160 & 0.28 & -0.68 & -1.31 \\ \hline \multicolumn{2}{l}{radial basis functions} & 0.27 & -0.64 & -1.31 \\ \multicolumn{2}{l}{polynomial} & 0.27 & -0.64 & -1.15 \\ \end{tabular} \end{center} \caption[]{\label{tab:Lyap1}\small Lyapunov exponents of the NMR laser data, determined with a three-dimensional embedding. The algorithms described in Sec.~\ref{sec:lyapmax} give $\lambda_1=0.3\pm 0.02$ for the largest exponent. } \end{table} The computation of the first part of the Lyapunov spectrum allows for some interesting cross-checks. It was conjectured~\cite{KaplanYorke}, and is found to be correct in most physical situations, that the Lyapunov spectrum and the fractal dimension of an attractor are closely related. If the expanding and least contracting directions in space are continuously filled and only one partial dimension is fractal, then one can ask for the dimensionality of a (fractal) volume such that it is invariant, i.e.\ such that the sum of the corresponding Lyapunov exponents vanishes, where the last one is weighted with the non-integer part of the dimension: \begin{equation}\label{eq:lyap.KY} D_{KY}= k +\frac{\sum_{i=1}^k \lambda_i}{|\lambda_{k+1}|} \,,\end{equation} where $k$ is the maximum integer such that the sum of the $k$ largest exponents is still non-negative. $D_{KY}$ is conjectured to coincide with the information dimension. The Pesin identity is valid under the same assumptions and allows to compute the KS-entropy: \begin{equation}\label{eq:lyap.Pesin} h_{KS}=\sum_{i=1}^m \Theta(\lambda_i) \lambda_i \,.\end{equation} \section{Dimensions and entropies}\label{sec:dimension} Solutions of dissipative dynamical systems cannot fill a volume of the phase space, since dissipation is synonymous with a contraction of volume elements under the action of the equations of motion. Instead, trajectories are confined to lower dimensional subsets which have measure zero in the phase space. These subsets can be extremely complicated, and frequently they possess a fractal structure, which means that they are in a nontrivial way self-similar. Generalized dimensions are one class of quantities to characterize this fractality. The {\em Hausdorff dimension} is, from the mathematical point of view, the most natural concept to characterize fractal sets~\cite{EckRuelle}, whereas the {\em information dimension} takes into account the relative visitation frequencies and is therefore more attractive for physical systems. Finally, for the characterization of measured data, other similar concepts, like the {\em correlation dimension}, are more useful. One general remark is highly relevant in order to understand the limitations of any numerical approach: dimensions characterize a set or an invariant measure whose support is the set, whereas any data set contains only a finite number of points representing the set or the measure. By definition, the dimension of a finite set of points is zero. When we determine the dimension of an attractor numerically, we extrapolate from finite length scales, where the statistics we apply is insensitive to the finiteness of the number of data, to the infinitesimal scales, where the concept of dimensions is defined. This extrapolation can fail for many reasons which will be partly discussed below. Dimensions are invariant under smooth transformations and thus again computable in time delay embedding spaces. Entropies are an information theoretical concept to characterize the amount of information needed to predict the next measurement with a certain precision. The most popular one is the Kolmogorov-Sinai entropy. We will discuss here only the correlation entropy, which can be computed in a much more robust way. The occurrence of entropies in a section on dimensions has to do with the fact that they can be determined both by the same statistical tool. \subsection{Correlation dimension}\label{sec:dim.c2} Roughly speaking, the idea behind certain quantifiers of dimensions is that the weight $p(\epsilon)$ of a typical $\epsilon$-ball covering part of the invariant set scales with its diameter like $p(\epsilon)\approx \epsilon^D$, where the value for $D$ depends also on the precise way one defines the weight. Using the square of the probability $p_i$ to find a point of the set inside the ball, the dimension is called the correlation dimension $D_2$, which is computed most efficiently by the correlation sum~\cite{GP}: \begin{equation}\label{eq:dim2.c2} C(m,\epsilon)= {1\over N_{\mbox{\scriptsize pairs}}} \sum_{j=m}^N\sum_{k<j-w} \Theta(\epsilon- |\ss_j-\ss_k|) \,,\end{equation} where $\ss_i$ are $m$-dimensional delay vectors, $N_{\mbox{\scriptsize pairs}}=(N-m+1)(N-m-w+1)/2$ the number of pairs of points covered by the sums, $\Theta$ is the Heaviside step function and $w$ will be discussed below. On sufficiently small length scales and when the embedding dimension $m$ exceeds the box-dimension of the attractor~\cite{SauerYorke}, \begin{equation} C(m,\epsilon)\propto \epsilon^{D_2} \,,\end{equation} Since one does not know the box-dimension {\sl a priori}, one checks for convergence of the estimated values of $D_2$ in $m$. The literature on the correct and spurious estimation of the correlation dimension is huge and this is certainly not the place to repeat all the arguments. The relevant caveats and misconceptions are reviewed for example in Refs.~\cite{theiler_dim,gss,dim,KantzSchreiber}. The most prominent precaution is to exclude temporally correlated points from the pair counting by the so called Theiler window $w$~\cite{theiler_dim}. In order to become a consistent estimator of the correlation {\em integral} (from which the dimension is derived) the correlation {\em sum} should cover a random sample of points drawn independently according to the invariant measure on the attractor. Successive elements of a time series are not usually independent. In particular for highly sampled flow data subsequent delay vectors are highly correlated. Theiler suggested to remove this spurious effect by simply ignoring all pairs of points in Eq.(\ref{eq:dim2.c2}) whose time indices differ by less than $w$, where $w$ should be chosen generously. With $O(N^2)$ pairs available, the loss of $O(wN)$ pairs is not dramatic as long as $w\ll N$. At the very least, pairs with $j=k$ have to be excluded~\cite{grass_finite}, since otherwise the strong bias to $D_2=0$, the mathematically correct value for a finite set of points, reduces the scaling range drastically. Choosing $w$, the first zero of the auto-correlation function, sometimes even the decay time of the autocorrelation function, are not large enough since they reflect only overall linear correlations~\cite{theiler_dim,dim}. The space-time-separation plot (Sec.~\ref{sec:stp}) provides a good means of determining a sufficient value for $w$, as discussed for example in~\cite{stp,KantzSchreiber}. In some cases, notably processes with inverse power law spectra, inspection requires $w$ to be of the order of the length of the time series. This indicates that the data does not sample an invariant attractor sufficiently and the estimation of invariants like $D_2$ or Lyapunov exponents should be abandoned. Parameters in the routines {{\tt d2}}, {{\tt c2}}, and {{\tt c2naive}} are as usual the embedding parameters $m$ and $\tau$, the time delay, and the embedding dimension, as well as the Theiler window. Fast implementation of the correlation sum have been proposed by several authors. At small length scales, the computation of pairs can be done in $O(N\log N)$ or even $O(N)$ time rather than $O(N^2)$ without loosing any of the precious pairs, see Ref.~\cite{neigh}. However, for intermediate size data sets we also need the correlation sum at intermediate length scales where neighbor searching becomes expensive. Many authors have tried to limit the use of computational resources by restricting one of the sums in Eq.(\ref{eq:dim2.c2}) to a fraction of the available points. By this practice, however, one looses valuable statistics at the small length scales where points are so scarce anyway that all pairs are needed for stable results. In~\cite{buzug}, buth approaches were combined for the first time by using fast neighbor search for $\epsilon<\epsilon_0$ and restricting the sum for $\epsilon\ge\epsilon_0$. The {TISEAN} implementations {{\tt c2}} and {{\tt d2}} go one step further and select the range for the sums individually for each length scale to be processed. This turns out to give a major improvement in speed. The user can specify a desired number of pairs which seems large enough for a stable estimation of $C(\epsilon)$, typically 1000 pairs will suffice. Then the sums are extended to a range which guarantees that number of pairs, or, if this cannot be achieved, to the whole time series. At the largest length scales, this range may be rather small and the user may choose to give a minimal number of reference points to ensure a representative average. Still, using the program {{\tt c2}} the whole computation may thus at large scales be concentrated on the first part of the time series, which seems fair for stationary, non-intermittent data (nonstationary or strongly intermittent data is usually unsuitable for correlation dimension estimation anyway). The program ${{\tt d2}}$ is safer with this respect. Rather than restricting the range of the sums, only a randomly selected subset is used. The randomization however requires a more sophisticated program structure in order to avoid an overhead in computation time. \subsubsection{Takens-Theiler estimator} Convergence to a finite correlation dimension can be checked by plotting scale dependent ``effective dimensions'' versus length scale for various embeddings. The easiest way to proceed is to compute (numerically) the derivative of $\log C(m,\epsilon)$ with respect to $\log\epsilon$, for example by fitting straight lines to the log-log plot of $C(\epsilon)$. In Fig.~\ref{fig:dim2}~{\bf (a)} we see the output of the routine {{\tt c2}} acting on data from the NMR laser, processed by {{\tt c2d}} in order to obtain local slopes. By default, straight lines are fitted over one octave in $\epsilon$, larger ranges give smoother results. We can see that on the large scales, self-similarity is broken due to the finite extension of the attractor, and on small but yet statistically significant scales we see the embedding dimension instead of a saturated, $m$-independent value. This is the effect of noise, which is infinite dimensional, and thus fills a volume in every embedding space. Only on the intermediate scales we see the desired {\em plateau} where the results are in good approximation independent of $m$ and $\epsilon$. The region where scaling is {\em established}, not just the range selected for straight line fitting, is called the {\em scaling range}. Since the statistical fluctuations in plots like Fig.~\ref{fig:dim2}~{\bf (a)} show characteristic (anti-)correlations, it has been suggested~\cite{takens_est,takens_theiler} to apply a maximum likelihood estimator to obtain optimal values for $D_2$. The Takens-Theiler-estimator reads \begin{equation}\label{eq:d2t} D_{\mbox{\scriptsize TT}}(\epsilon)= {C(\epsilon) \over \int_0^{\epsilon}{C(\epsilon')\over\epsilon'}d\epsilon'} \end{equation} and can be obtained by processing the output of {{\tt c2}} by {{\tt c2t}}. Since $C(\epsilon)$ is available only at discrete values $\{\epsilon_i,i=0,\ldots,I\}$, we interpolate it by a pure power law (or, equivalently, the log-log plot by straight lines: $\log C(\epsilon)=a_i\log\epsilon+b_i$) in between these. The resulting integrals can be solved trivially and summed: \begin{eqnarray} \int_0^{\epsilon}{C(\epsilon')\over\epsilon'}d\epsilon' &=& \sum_{i=1}^I e^{b_i} \int_{\epsilon_{i-1}}^{\epsilon_i} (\epsilon')^{a_i-1}d\epsilon' \nonumber\\ &=& \sum_{i=1}^I {e^{b_i}\over a_i} (\epsilon_i^{a_i}-\epsilon_{i-1}^{a_i}) \,.\end{eqnarray} Plotting $D_{\mbox{\scriptsize TT}}$ versus $\epsilon$ (Fig.~\ref{fig:dim2} {\bf (b)}) is an interesting alternative to the usual local slopes plot, Fig.~\ref{fig:dim2}~{\bf (a)}. It is tempting to use such an ``estimator of dimension'' as a black box to provide a number one might quote as a dimension. This would imply the unjustified assumption that all deviations from exact scaling behavior is due to the statistical fluctuations. Instead, one still has to verify the existence of a scaling regime. Only then, $D_{\mbox{\scriptsize TT}}(\epsilon)$ evaluated at the upper end of the scaling range is a reasonable dimension estimator. \subsubsection{Gaussian kernel correlation integral} The correlation sum Eq.(\ref{eq:dim2.c2}) can be regarded as an average density of points where the local density is obtained by a kernel estimator with a step kernel $\Theta(\epsilon-r)$. A natural modification for small point sets is to replace the sharp step kernel by a smooth kernel function of {\em bandwidth} $\epsilon$. A particularly attractive case that has been studied in the literature~\cite{ghez1} is given by the Gaussian kernel, that is, $\Theta(\epsilon-r)$ is replaced by $e^{-r^2 \over 4\epsilon^2}$. The resulting Gaussian kernel correlation sum $C_{\mbox{\scriptsize G}}(\epsilon)$ has the same scaling properties as the usual $C(\epsilon)$. It has been observed in~\cite{habil} that $C_{\mbox{\scriptsize G}}(\epsilon)$ can be obtained from $C(\epsilon)$ via \begin{equation}\label{eq:cg} C_{\mbox{\scriptsize G}}(\epsilon) = {1\over 2\epsilon^2}\int_0^{\infty}d \tilde\epsilon \; e^{- {\tilde\epsilon^2\over 4\epsilon^2}} \tilde\epsilon\, C(\tilde\epsilon) \end{equation} without having to repeat the whole computation. If $C(\epsilon)$ is given at discrete values of $\epsilon$, the integrals in Eq.(\ref{eq:cg}) can be carried out numerically by interpolating $C(\epsilon)$ with pure power laws . This is done in {{\tt c2g}} which uses a 15 point Gauss-Kronrod rule for the numerical integration. \begin{figure} \begin{center} ~\\[-12pt] \input{d2.pstex}\\[-7pt] \input{d2t.pstex}\\[-7pt] \input{d2g.pstex}\\[-7pt] \input{d1.pstex} \end{center} \caption[]{\label{fig:dim2}\small Dimension estimation for the (noise filtered) NMR laser data. Embedding dimensions 2 to 7 are shown. From above: {\bf (a)} slopes are determined by straight line fits to the log-log plot of the correlation sum, Eq.~(\ref{eq:dim2.c2}). {\bf (b)} Takes-Theiler estimator of the same slope. {\bf (c)} Slopes are obtained by straight line fits to the Gaussian kernel correlation sum, Eq.(\ref{eq:cg}). {\bf (d)} Instead of the correlation dimension, it has been attempted to estimate the information dimension.} \end{figure} \subsection{Information dimension} Another way of attaching weight to $\epsilon$-balls, which is more natural, is the probability $p_i$ itself. The resulting scaling exponent is called the information dimension $D_1$. Since the Kaplan-Yorke dimension of Sec.\ref{sec:lyap} is an approximation of $D_1$, the computation of $D_1$ through scaling properties is a relevant cross-check for highly deterministic data. $D_1$ can be computed from a modified correlation sum, where, however, unpleasant systematic errors occur. The {\em fixed mass} approach~\cite{badiipoliti} circumvents these problems, so that, including finite sample corrections~\cite{grass_finite}, a rather robust estimator exists. Instead of counting the number of points in a ball one asks here for the diameter $\epsilon$ which a ball must have to contain a certain number $k$ of points when a time series of length $N$ is given. Its scaling with $k$ and $N$ yields the dimension in the limit of small length scales by \begin{equation}\label{eq:dim1.fixmass} D_1(m)=\lim_{k/N\to 0} {d \log k/N \over d \av{\log\epsilon(k/N)}} \,.\end{equation} The routine {{\tt c1}} computes the (geometric) mean length scale $\exp\av{\log\epsilon(k/N)}$ for which $k$ neighbors are found in $N$ data points, as a function of $k/N$. Unlike the correlation sum, finite sample corrections are necessary if $k$ is small~\cite{grass_finite}. Essentially, the $\log$ of $k$ has to be replaced by the digamma function $\Psi(k)$. The resulting expression is implemented in {{\tt c1}}. Given $m$ and $\tau$, the routine varies $k$ and $N$ such that the largest reasonable range of $k/N$ is covered with moderate computational effort. This means that for $1/N \le k/N\le K/N$ (default: $K=100$), all $N$ available points are searched for neighbors and $k$ is varied. For $K/N < k/N\le 1$, $k=K$ is kept fixed and $N$ is decreased. The result for the NMR laser data is shown in Fig.~\ref{fig:dim2}~{\bf (d)}, where a nice scaling with $D_1\approx 1.35$ can be discerned. For comparability, the logarithmic derivative of $k/N$ is plotted versus $\exp\langle\log\epsilon(k,N)\rangle$ and not vice versa, although $k/N$ is the independent variable. One easily detects again the violations of scaling discussed before: Cut-off on the large scales, noise on small scales, fluctuations on even smaller scales, and a scaling range in between. In this example, $D_1$ is close to $D_2$, and multifractality cannot be established positively. \subsubsection{Entropy estimates} The correlation dimension characterizes the $\epsilon$ dependence of the correlation sum inside the scaling range. It is natural to ask what we can learn form its $m$-dependence, once $m$ is larger than $D_0$. The number of $\epsilon$-neighbors of a delay vector is an estimate of the local probability density, and in fact it is a kind of joint probability: All $m$-components of the neighbor have to be similar to those of the actual vector simultaneously. Thus when increasing $m$, joint probabilities covering larger time spans get involved. The scaling of these joint probabilities is related to the correlation entropy $h_2$, such that \begin{equation}\label{eq:dim.fullC2} C(m,\epsilon) \approx \epsilon^{D_2} e^{-mh_2} \,,\end{equation} As for the scaling in $\epsilon$, also the dependence on $m$ is valid only asymptotically for large $m$, which one will not reach due to the lack of data points. So one will study $h_2(m)$ versus $m$ and try to extrapolate to large $m$. The correlation entropy is a lower bound of the Kolmogorov Sinai entropy, which in turn can be estimated by the sum of the positive Lyapunov exponents. The program {{\tt d2}} produces as output the estimates of $h_2$ directly, from the other correlation sum programs it has to be extracted by post-processing the output. The entropies of first and second order can be derived from the output of {{\tt c1}} and {{\tt c2}} respectively. An alternate means of obtaining these and the other generalized entropies is by a box counting approach. Let $p_i$ be the probability to find the system state in box $i$, then the order $q$ entropy is defined by the limit of small box size and large $m$ of \begin{equation}\label{eq:hq} \sum_i p_i^q \approx e^{-mh_q} \,.\end{equation} To evaluate $\sum_i p_i^q$ over a fine mesh of boxes in $m\gg 1$ dimensions, economical use of memory is necessary: A simple histogram would take $(1/\epsilon)^m$ storage. Therefore the program {{\tt boxcount}} implements the mesh of boxes as a tree with $(1/\epsilon)$-fold branching points. The tree is worked through recursively so that at each instance at most one complete branch exists in storage. The current version does not implement finite sample corrections to Eq.(\ref{eq:hq}). \section{Testing for nonlinearity}\label{sec:surro} Most of the methods and quantities discussed so far are most appropriate in cases where the data show strong and consistent nonlinear deterministic signatures. As soon as more than a small or at most moderate amount of additive noise is present, scaling behavior will be broken and predictability will be limited. Thus we have explored the opposite extreme, nonlinear and fully deterministic, rather than the classical linear stochastic processes. The bulk of real world time series falls in neither of these limiting categories because they reflect nonlinear responses and effectively stochastic components at the same time. Little can be done for many of these cases with current methods. Often it will be advisable to take advantage of the well founded machinery of spectral methods and venture into nonlinear territory only if encouraged by positive evidence. This section is about methods to establish statistical evidence for nonlinearity beyond a simple rescaling in a time series. \subsection{The concept of surrogate data} The degree of nonlinearity can be measured in several ways. But how much nonlinear predictability, say, is necessary to exclude more trivial explanations? All quantifiers of nonlinearity show fluctuations but the distributions, or error bars if you wish, are not available analytically. It is therefore necessary to use Monte Carlo techniques to assess the significance of results. One important method in this context is the method of surrogate data~\cite{theiler1}. A null hypothesis is formulated, for example that the data has been created by a stationary Gaussian linear process, and then it is attempted to reject this hypothesis by comparing results for the data to appropriate realizations of the null hypothesis. Since the null assumption is not a simple one but leaves room for free parameters, the Monte Carlo sample has to take these into account. One approach is to construct {\em constrained realizations} of the null hypothesis. The idea is that the free parameters left by the null are reflected by specific properties of the data. For example the unknown coefficients of an autoregressive process are reflected in the autocorrelation function. Constrained realizations are obtained by randomizing the data subject to the constraint that an appropriate set of parameters remains fixed. For example, random data with a given periodogram can be made by assuming random phases and taking the inverse Fourier transform of the given periodogram. Random data with the same distribution as a given data set can be generated by permuting the data randomly without replacement. Asking for a given spectrum and a given distribution at the same time poses already a much more difficult question. \begin{figure}[t] \begin{center} ~\\[-15pt] \input{b.pstex}\\ \input{b_cl_s.pstex} \end{center} \caption[]{\label{fig:b_s}\small Upper: The human breath rate data from Fig.~\ref{fig:b}. Lower: the noise component extracted by the noise reduction scheme has been randomized in order to destroy correlations with the signal. The result appears slightly but significantly less structured than the original.} \end{figure} \subsection{Iterative Fourier transform method} Very few real time series which are suspected to show nonlinearity follow a Gaussian single time distribution. Non-Gaussianity is the simplest kind of nonlinear signature but it may have a trivial reason: The data may have been distorted in the measurement process. Thus a possible null hypothesis would be that there is a stationary Gaussian linear stochastic process that generates a sequence $\{x_n\}$, but the actual observations are $s_n=s(x_n)$ where $s(\cdot)$ is a monotonic function. Constrained realizations of this null hypothesis would require the generation of random sequences with the same power spectrum (fully specifying the linear process) and the same single time distribution (specifying the effect of the measurement function) as the observed data. The {\bf A}mplitude {\bf A}djusted {\bf F}ourier {\bf T}ransform (AAFT) method proposed in~\cite{theiler1} attempts to invert the measurement function $s(\cdot)$ by rescaling the data to a Gaussian distribution. Then the Fourier phases are randomized and the rescaling is inverted. As discussed in~\cite{surrowe}, this procedure is biased towards a flatter spectrum since the inverse of $s(\cdot)$ is not available exactly. In the same reference, a scheme is introduced that removes this bias by iteratively adjusting the spectrum and the distribution of the surrogates. Alternatingly, the surrogates are rescaled to the exact values taken by the data and then the Fourier transform is brought to the exact amplitudes obtained from the data. The discrepancy between both steps either converges to zero with the number of iterations or to a finite inaccuracy which decreases with the length of the time series. The program {{\tt surrogates}} performs iterations until no further improvement can be made. The last two stages are returned, one having the exact Fourier amplitudes and one taking on the same values as the data. For not too exotic data these two versions should be almost identical. The relative discrepancy is also printed. In Fig.~\ref{fig:b_s} we used this procedure to assess the hypothesis that the noise reduction on the breath data reported in Fig.~\ref{fig:b} removed an additive noise component which was independent of the signal. If the hypothesis were true, we could equally well add back on the noise sequence or a randomized version of it which lacks any correlations to the signal. In the upper panel of Fig.~\ref{fig:b_s} we show the original data. In the lower panel we took the noise reduced version (c.f.~Fig.~\ref{fig:b}, bottom) and added a surrogate of the supposed noise sequence. The result is similar but still significantly different from the original to make the additivity assumption implausible. Fourier based randomization schemes suffer from some caveats due to the the inherent assumption that the data constitutes one period of a periodic signal, which is not what we really expect. The possible artefacts are discussed for example in~\cite{theiler_sfi} and can, in summary, lead to spurious rejection of the null hypothesis. One precaution that should be taken when using {{\tt surrogates}} is to make sure that the beginning and the end of the data approximately match in value and phase. Then, the periodicity assumption is not too far wrong and harmless. Usually, this amounts to the loss of a few points of the series. One should note, however, that the routine may truncate the data by a few points itself in order to be able to perform a {\em fast} Fourier transform which requires the number of points to be factorizable by small prime factors. \begin{figure} ~\\[-5pt] \centerline{\input{spike.pstex}} \caption[]{\label{fig:spike}\small Upper trace: Data from a stationary Gaussian linear stochastic process ($x_n=0.7x_{n-1}+\eta_n$) measured by $s(x_n)=x_n^3$. Samples 200-220 are an artefact. With the Fourier based scheme (middle trace) the artefact results in an increased number of spikes in the surrogates and reduced predictability. In the lower trace, the artefact has been preserved along with the distribution of values and lags $1,\ldots,25$ of the autocorrelation function.} \end{figure} \begin{figure}[t] \begin{center} ~\\[-15pt] \mbox{\hspace*{-0.5cm}\input{hen.pstex}% \hspace*{-0.9cm}\input{hen_surr.pstex}}\\[-10pt] \mbox{\hspace*{-0.5cm}\input{hen_scr.pstex}% \hspace*{-0.9cm}\input{hen_ann1.pstex}}\\[-10pt] \mbox{\hspace*{-0.5cm}\input{hen_ann2.pstex}% \hspace*{-0.9cm}\input{hen_ann3.pstex}} \end{center} \caption[]{\label{fig:henon}\small Randomization of 500 points generated by the the H\'enon map. {\bf (a)} Original data; {\bf (b)} Same autocorrelations and distribution; {\bf (c)}-{\bf (f)} Different stages of annealing with a cost function $C$ involving three and four-point correlations. {\bf (c)} A random shuffle, $C=2400$; {\bf (d)} $C=150$; {\bf (e)} $C=15$; {\bf (f)} $C=0.002$. See text.} \end{figure} \subsection{General constrained randomization} In~\cite{anneal}, a general method has been proposed to create random data which fulfill specified constraints. With this method, the artefacts and remaining imprecision of the Fourier based randomization schemes can be avoided by specifying the autocorrelation function rather than the Fourier transform. The former does not assume periodic continuation. Maybe more importantly, the restriction to a rather narrow null hypothesis can be relaxed since in principle arbitrary statistical observables can be imposed on the surrogates. A desired property of the data has to be formulated in terms of a cost function which assumes an absolute minimum when the property is fulfilled. States arbitrarily close to this minimal cost can be reached by the method of simulated annealing. The cost function is minimised among all possible permutations of the data. See~\cite{anneal} for a description of the approach. The {TISEAN} package contains the building blocks for a library of surrogate data routines implementing user specified cost functions. Currently, only the autocorrelation function with and without periodic continuation have been implemented. Further, a template is given from which the user may derive her/his own routines. A module is provided that drives the simulated annealing process through an exponential cooling scheme. The user may replace this module by other scheme of her/his choice. A module that performs random pair permutations is given which allows to exclude a list of points from the permutation scheme. More sophisticated permutation schemes can be substituted if desired. Most importantly, the cost function has to be given as another module. The autocorrelation modules use $\max_{\tau=1}^{\tau_{\mbox{\scriptsize max}}} | C(\tau)-C(\tau)_{\mbox{\scriptsize data}} |/\tau$, where $C(\tau)$ is the autocorrelation function with or without periodic continuation. In Fig.~\ref{fig:spike} we show an example fulfilling the null hypothesis of a rescaled stationary Gaussian linear stochastic process which has been contaminated by an artefact at samples 200-220. The Fourier based schemes are unable to implement the artefact part of the null hypothesis. They spread the structure given by the artefact evenly over the whole time span, resulting in more spikes and less predictability. In fact, the null hypothesis of a stationary rescaled Gaussian linear stochastic process can be rejected at the 95\% level of significance using nonlinear prediction errors. The artefact would spuriously be mistaken for nonlinearity. With the program {{\tt randomize\_auto\_exp\_random}}, we can exclude the artefact from the randomization scheme and obtain a correct test. As an example of a more exotic cost function, let us show the randomization of 500 iterates of the H\'enon map, Fig.~\ref{fig:henon}~{\bf (a)}. Panel {\bf (b)} shows the output of {{\tt surrogates}} having the same spectrum and distribution. Starting from a random permutation {\bf (c)}, the cost function \begin{eqnarray} C &=& \av{x_{n-1}x_n} + \av{x_{n-2}x_n} \nonumber\\ &+& \av{x_{n-1}^2x_n} + \av{x_{n-1}x_n^2} + \av{x_{n-2}^2x_n}+\av{x_{n-2}x_{n-1}x_n} \nonumber\\ &+& \av{x_{n-1}^2x_n^2} +\av{x_{n-1}x_n^3} +\av{x_{n-1}^3x_n} \end{eqnarray} is minimized ({{\tt randomize\_generic\_exp\_random}}). It involves are all the higher order autocorrelations which would be needed for a least squares fit with the ansatz $x_n=c-ax_{n-1}^2+bx_{n-2}$ and in this sense fully specifies the quadratic structure of the data. The random shuffle yields $C=2400$, panels {\bf (c)}-{\bf (f)} correspond to $C=150,15,0.002$ respectively. Since the annealing process can be very CPU time consuming, it is important to provide efficient code for the cost function. Specifying $\tau_{\mbox{\scriptsize max}}$ lags for $N$ data points requires $O(N\tau_{\mbox{\scriptsize max}})$ multiplications for the calculation of the cost function. An update after a pair has been exchanged, however, can be obtained with $O(\tau_{\mbox{\scriptsize max}})$ multiplications. Often, the full sum or supremum can be truncated since after the first terms it is clear that a large increase of the cost is unavoidable. The driving Metropolis algorithm provides the current maximal permissable cost for that purpose. The computation time required to reach the desired accuracy depends on the choice and implementation of the cost function but also critically on the annealing schedule. There is a vast literature on simulated annealing which cannot be reviewed here. Experimentation with cooling schemes should keep in mind the basic concept of simulated annealing. At each stage, the system -- here the surrogate to be created -- is kept at a certain ``temperature''. Like in thermodynamics, the temperature determines how likely fluctuations around the mean energy -- here the value of the cost function $C$ -- are. At temperature $T$, a deviation of size $\Delta C$ occurs with the Boltzmann probability $\propto \exp(-\Delta C/T)$. In a Metropolis simulation, this is achieved by accepting {\em all} downhill changes ($\Delta C<0$), but also uphill changes with probability $\exp(-\Delta C/T)$. Here the changes are permutations of two randomly selected data items. The present implementation offers an exponential cooling scheme, that is, the temperature is lowered by a fixed factor whenever one of two conditions is fulfilled: Either a specified number of changes has been {\em tried}, or a specified number of changes has been {\em accepted}. Both these numbers and the cooling factor can be chosen by the user. If the state is cooled too fast it gets stuck, or ``freezes'' in a false minimum. When this happens, the system must be ``melted'' again and cooling is taken up at a slower rate. This can be done automatically until a goal accuracy is reached. It is, however, difficult to predict how many steps it will take. The detailed behavior of the scheme is still subject to ongoing research and in all but the simplest cases, experimentation by the user will be necessary. To facilitate the supervision of the cooling, the current state is written to a file whenever a substantial improvement has been made. Further, the verbosity of the diagnostic output can be selected. \subsection{Measuring weak nonlinearity} When testing for nonlinearity, we would like to use quantifiers which are optimized for the weak nonlinearity limit, which is not what most time series methods of chaos theory have been designed for. The simple nonlinear prediction scheme (Sec.~\ref{sec:zeroth}) has proven quite useful in this context. If used as a comparative statistic, it should be noted that sometimes seemingly inadequate embeddings or neighborhood sizes may lead to rather big errors which have, however, small fluctuations. The tradeoff between bias and variance may be different from the situation where predictions are desired {\em per se}. The same rationale applies to quantities derived from the correlation sum. Neither the small scale limit, genuine scaling, or the Theiler correction are formally necessary in a comparative test. However, any temptation to interpret the results in terms like ``complexity'' or ``dimensionality'' should be resisted, even though ``complexity'' doesn't seem to have an agreed-upon meaning anyway. Apart from average prdiction errors, we have found the stabilities of short periodic orbits (see Sec.~\ref{sec:upo}) useful for the detectionof nonlinearity in surrogate data tests. As an alternative to the phase space based methods, more traditional measures of nonlinearity derived from higher order autocorrelation functions (\cite{BI}, routine {{\tt autocor3}}) may also be considered. If a time-reversal asymmetry is present, its statistical confirmation (routine {{\tt timerev}}) is a very powerful detector of nonlinearity~\cite{diks2}. Some measures of weak nonlinearity are compared systematically in Ref.~\cite{power}. \section{Conclusion and perspectives}\label{sec:conclude} The {TISEAN} project makes available a number of algorithms of nonlinear time series analysis to people interested in applications of the dynamical systems approach. To make proper use of these algorithms, it is not essential to have witten the programs from scratch, an effort we intend to spare the user by making {TISEAN} public. Indispensable, however, is a good knowledge of what the programs do, and why they do what they do. The latter requires a thorough background in the nonlinear time series approach which cannot be provided by this paper but rather by textbooks like Refs.~\cite{abarbook,KantzSchreiber}, reviews~\cite{gss,abarbanel,habil}, and the original literature~\cite{coping}. Here, we have concentrated on the actual implementation as it is realized in {TISEAN} and on examples of the concrete use of the programs. \subsection{Important methods which are (still) missing} Let us finish the discussion by giving some perspectives on future work. So far, the {TISEAN} project has concentrated on the most common situation of a single time series. While for multiple measurements of similar nature most programs can be modified with moderate effort, a general framework for heterogeneous multivariate recordings (say, blood pressure and heart beat) has not been established so far in a nonlinear context. Nevertheless, we feel that concepts like generalized synchrony, coherence, or information flow are well worth pursuing and at some point should become available to a wider community, including applied research. Initial experience with nonlinear time series methods indicates that some of the concepts may prove useful enough in the future to become part of the established time series tool box. For this to happen, availability of the algorithms and reliable information on their use will be essential. The publication of a substantial collection of research level programs through the {TISEAN} project may be seen as one step in that direction. However, the potential user will still need considerable experience in order to make the right decisions -- about the suitability of a particular method for a specific time series, about the selection of parameters, about the interpretation of the results. To some extent, these decisions could be guided by software that evaluates the data situation and the results automatically. Previous experience with black box dimension or Lyapunov estimators has not been encouraging, but for some specific problems, ``optimal'' answers can in principle be defined and computed automatically, once the optimality criterion is formulated. For example, the prediction programs could be encapsulated in a framework that automatically evaluates the performance for a range of embedding parameters etc. Of course, quantitative assessment of the results is not always easy to implement and depends on the purpose of the study. As another example, it seems realistic to define ``optimal'' Poincar\'e surfaces of section and to find the optimal solutions numerically. Like in most of the time series literature, the issue of stationarity has entered the discussion only as something the lack of which has to be detected in order to avoid spurious results. Taking this point seriously amounts to rejecting a substantial fraction of time series problems, including the most prominent examples, that is, most data from finance, metereology, and biology. It is quite clear that the mere rejection of these challenging problems is not satisfactory and we will have to develop tools to actually analyse, understand, and predict nonstationary data. Some suggestions have been made for the detection of fluctuating control parameters~\cite{Kadtke,B1,casEEG,statio}. Most of these can be seen as continuous versions of the classification problem, another application which is not properly represented in {TISEAN} yet. Publishing software, or reviews and textbooks for that matter, in a field evolving as rapidly as nonlinear time series analysis will always have the character of a snapshot of the state at a given time. Having the options either to wait until the field has saturated sufficiently or to risk that programs, or statements made, will become obsolete soon, we chose the second option. We hope that we can thus contibute to the further evolution of the field. \section*{Acknowledgments} We wish to thank Eckehard Olbrich, Marcus Richter, and Andreas Schmitz who have made contributions to the {TISEAN} project, and the users who patiently coped with early versions of the software, in particular Ulrich Hermes. We thank Leci Flepp, Nick Tufillaro, Riccardo Meucci, and Marco Ciofini for letting us use their time series data. This work was supported by the SFB 237 of the Deutsche Forschungsgemeinschaft.
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Q: How to open multiple pics on single button I made four buttons with single bootstrap modal & a button in bootstrap modal to open pic according to click on four buttons. Now single bootstrap modal is open on each button click & one button inside modal ("Open Document") I want to work on that like... If anyone open modal through Open Modal2 then on click "open document" should be open pic as per modal 2 I'm unable to do this anyone can do it? .buttons{ margin:20px;} <link href="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.7/css/bootstrap.min.css" rel="stylesheet"/> <script src="https://ajax.googleapis.com/ajax/libs/jquery/3.2.1/jquery.min.js"></script> <script src="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.7/js/bootstrap.min.js"></script> <div class="buttons"> <button type="button" class="btn btn-info btn-lg" data-toggle="modal" data-target="#myModal">Open Modal</button> <button type="button" class="btn btn-info btn-lg" data-toggle="modal" data-target="#myModal">Open Moda2</button> <button type="button" class="btn btn-info btn-lg" data-toggle="modal" data-target="#myModal">Open Moda3</button> <button type="button" class="btn btn-info btn-lg" data-toggle="modal" data-target="#myModal">Open Moda4</button> </div> <!-- Modal --> <div id="myModal" class="modal fade" role="dialog"> <div class="modal-dialog"> <!-- Modal content--> <div class="modal-content"> <div class="modal-header"> <button type="button" class="close" data-dismiss="modal">&times;</button> <h4 class="modal-title">Modal Header</h4> </div> <div class="modal-body"> <button class="btn btn-success" onClick="window.open('https://i.stack.imgur.com/SdR1m.jpg','_self')">Open Document</button> </div> <div class="modal-footer"> <button type="button" class="btn btn-default" data-dismiss="modal">Close</button> </div> </div> </div> </div> enter image description here A: Here is your Solution mate : $(".modelButton").click(function(){ $(".modelDocButton").attr("href",$(this).data("href")); }); .buttons{ margin:20px;} <link href="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.7/css/bootstrap.min.css" rel="stylesheet"/> <script src="https://ajax.googleapis.com/ajax/libs/jquery/3.2.1/jquery.min.js"></script> <script src="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.7/js/bootstrap.min.js"></script> <div class="buttons"> <button type="button" class="btn btn-info btn-lg modelButton" data-toggle="modal" data-target="#myModal" data-href="https://i.stack.imgur.com/SdR1m.jpg">Open Modal</button> <button type="button" class="btn btn-info btn-lg modelButton" data-toggle="modal" data-target="#myModal" data-href="https://i.imgur.com/3TWgv.jpg">Open Moda2</button> </div> <!-- Modal --> <div id="myModal" class="modal fade" role="dialog"> <div class="modal-dialog"> <!-- Modal content--> <div class="modal-content"> <div class="modal-header"> <button type="button" class="close" data-dismiss="modal">&times;</button> <h4 class="modal-title">Modal 1</h4> </div> <div class="modal-body"> <a class="btn btn-success modelDocButton" href="#">Open Document</a> </div> <div class="modal-footer"> <button type="button" class="btn btn-default" data-dismiss="modal">Close</button> </div> </div> </div> </div> <!-- Modal --> <div id="myModal2" class="modal fade" role="dialog"> <div class="modal-dialog"> <!-- Modal content--> <div class="modal-content"> <div class="modal-header"> <button type="button" class="close" data-dismiss="modal">&times;</button> <h4 class="modal-title">Modal 2</h4> </div> <div class="modal-body"> <button class="btn btn-success" onClick="window.open('https://i.stack.imgur.com/SdR1m.jpg','_self')">Open Document</button> </div> <div class="modal-footer"> <button type="button" class="btn btn-default" data-dismiss="modal">Close</button> </div> </div> </div> </div> <!-- end snippet -->
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2. Invoices, receipts showing the origin and value of goods purchased in Romania, licenses and other documents in accordance with the laws of Romania (eg. Office documents from the National Cultural Heritage). 1. Customs procedures for goods are made at the crossing of each customs territory. 2. Invoice, transport document, Customs Transit Declaration, Packing List and other documents in accordance with the laws of Romania (eg licenses). 2. Invoice, transport document (CIM), Customs Transit Declaration, Packing List and other documents in accordance with the laws of Romania (eg licenses). Romania (eg documents from the Office of the National Cultural Heritage). 2. Entry/Exit summary declaration, the transit electronic declaration and CIM document or the CIM document as a transit customs declaration, for the cases when a simplified procedure is used.
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namespace ATMPL { namespace functional_helper { template<typename _T> struct func_traits; //function template<typename _Ret, typename... _Args> struct func_traits<_Ret(_Args...)> { typedef _Ret ret; typedef std::integral_constant<size_t, sizeof...(_Args)> arity; template<size_t N> struct arg { static_assert(N < arity::value, "invalid parameter index"); using type = typename std::tuple_element<N, std::tuple<_Args...>>::type; }; }; //function pointer template<typename _Ret, typename... _Args> struct func_traits<_Ret(*)(_Args...)> :public func_traits<_Ret(_Args...)> { }; //member function pointer template<typename _Ret, class _Class, typename... _Args> struct func_traits<_Ret(_Class::*)(_Args...)> :public func_traits<_Ret(_Class&, _Args...)> { }; template<typename _Ret, class _Class, typename... _Args> struct func_traits<_Ret(_Class::*)(_Args...) const> :public func_traits<_Ret(_Class&, _Args...)> { }; //functor and lambda template<class _Class> struct func_traits : public func_traits<decltype(&_Class::operator())> { }; } }
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BOL News live is upcoming news media giant of Pakistan. It is expected to launch after mid of June this year. After the invasion of electronic media industry in Pakistan in 2002, Geo Network has been remained top media group on electronic media industry of Pakistan but BOL News claims that it is much bigger then Geo Network as well. Before launching, BOL News has already been heavily publicized among the people of Pakistan and other region of this earth. The news channel also claims that it has much bigger infrastructure, most updated and state of the art studios, more number of DSNG's, and larger network of reporting which will provide every news first before it will break on other media. This reporting network will be spread not only throughout in Pakistan but across the world as well. Shoaib Ahmed Shaikh who is the CEO of the BOL Network aims at providing all choices of contents within ranging from news programing to family based entertaining. The network also included with sports version to cover each sport will be played on local soils to international venues. BOL News is a subsidiary of BOL Network which is also planning to launch an entertainment and sports channels as well along with news channel. BOL News is also an initiative of "axact" which not too far away was the biggest IT Company of Pakistan which was known for its educational products. It was selling degrees of self-made universities from bachelor to master level just to earn money. Their fraud was disclosed by a journalist of New York Times. Now "axact" has been badly exposed, lot of inquiries is being conducted to probe their crimes not only in Pakistan also in USA and worldwide. Before this scandal, BOL News live had the services of many big names of journalism that left the channel later after the revelation of "axact" scandal. Still BOL News is on air with test transmission and with expectation of regular transmission on 1st of Ramadhan this year. Bol group has started its test transmission of bol news channel. Bol group has two more channel in plan BOL Entertainment and BOL Sports, these are not on air yet. Bol news will have to face the challenging opponents like geo news, express news and ary news. Even after losing the big names of journalism after their scandal being exposed, BOL News still have the luxury of many famous journalists/anchors/analysts/news casters in its panel who are now almost started conducting their show on BOL News. Mubashir Luqman is a fearless journalist/anchor who just has joined BOL News. Prior to it he was conducting Khara Sach on ARY News. His show with a title of "Meri Jang" is telecasting on test transmission of BOL News on almost all week days. Jasmine Manzoor is a female anchor who will run talk show on BOL News with title BOL With Jasmine Manzoor. Her show will broadcasts on BOL News on weekend expectedly. Prior to this she was conducting her show on Abb Takk channel . Mushtaq Minhas is known for his field journalism, He with Nusrat Javed conducted many popular shows on various news channels. Generally both Nusrat Javed and Mushtaq Minhas run their show together. After axact scandal it is not confirm yet that whether both will appear on BOL's screen or not. Nasir Baig Chughtai and Amir Zia both are senior journalists and still associated with BOL even after when there are lot of discussion running on the medias about BOL and its workers future. They run a political analysis based show on BOL News online. Apart from that BOL News also has the services of Mohammad Usama Ghazi, Javed Iqbal and many more for its news casting and other type of programs. BOL is running its test transmission with lot of doubt over its future regular transmission after exposing of axact scandal and arrest of its Chief Shoaib Ahmed Sheikh. In its test transmission BOL has on airing few from its complete programs lineup. Here is its few news based show being presented on BOL test transmission. Meri Jang is political based talk show which is presenting by famous Mubashir Luqman who has joind BOL Network just before to axact scandal is being exposed. This show is being telecasted on week days at 09:05pm. Live With NBC is a political analysis based show which broadcasts on prime time transmission of BOL News. Nasir Baig Chughtai hosts this show along with Amir Zia who participates in the show as an analyst. Both come from Jang & The News group. This show is also telecasted on BOL News on week days. BOL With Jasmine Manzoor is another political based talk show in which panel of 2 or more guests are invited to have discussion on current issue. Jasmine Manzoor hosts this show on BOL News on once or more time in a week. BOL Pakistan is current issue based show in which Mushtaq Minhas provides his expert analysis along with Javed Iqbal who is the hosts of the show. In Bari Khabar Mohammad Usama Ghazi presents analysis on daily top stories with views from other experience analysts and journalists. This show is presented on almost every day in the test transmission of live BOL News. BOL is still under lot of pressure due to axact scandal. Many media associations are protesting to protect the rights of BOL's workers and professional who joined it for better future. Government is still not clarifying its perspective upon BOL's future. Bol news live streaming is available on shaamtv.com.
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# In Place of Fear II A Socialist Programme for an Independent Scotland Jim Sillars For my grandchildren – Stephen, Roseanne, Matthew, Lena, Rebecca, Josephine, Beth, Peter, John and Adam – whose love, affection and companionship have been the greatest gift of my life, and for Litster Gardiner who was a founder member of the SLP. Everyone in that party knows the immense debt of gratitude we owe him for the work he did. That the SLP died was no fault of his. That its members, who were enriched by the SLP experience, have continued to contribute to society in various walks of life, including politics, is something I hope he can be proud of. And in memory of the late Bill McCrorie – a remarkable man, full of wisdom, who sought no publicity, but was a tireless worker for the SLP, a tower of strength and a source of encouragement as we fought together to keep socialism alive in South Ayrshire – and Stephen Maxwell, mourned by those who knew that an intellectual light had gone out when he died, and regretfully never permitted to be a candidate for the Scottish Parliament, denying that body the benefit of one of the finest minds this nation has produced. And in special memory of Steve Butler who died just before Christmas. Missed by me, and many – the wisest of us all. The content herein is my responsibility, but this is far from being a solo job. I have over many, many months had the opportunity to canvass opinions, entered into discussion, received ideas and criticisms from a large number of people offering a wide range of opinions, and I am grateful to them all. As many cannot be identified, I thought it best, with the exceptions above, to name no names. For those, mostly in the media, who have no interest in the ideology of socialism, the Appendix sets out the main policy proposals, from which they can track back into the body of the text to find the justification for each one. # In Place of Fear II A Socialist Programme for an Independent Scotland ## Contents Cover Title Page Dedication Foreword In Place of Fear II Acknowledgements Copyright ## Foreword The referendum is about power. On 18 September, 2014, between the hours of 7 am and 10 pm, absolute sovereign power will lie in the hands of the Scottish people. They have to decide whether to keep it, or give it away to where their minority status makes them permanently powerless and vulnerable. Without sovereignty, Scotland is inherently weakened. Oil, gas, energy, whisky, land and other vital national interests are externally owned, often by those who do not put Scotland's interests first. Without the power to intervene in the national interest, a power available through independence, not devolution, we are at the mercy of forces that have no concern for us, our welfare or our future. Independence alone can remedy this. This subordinate position cannot be allowed to continue. Bereft of sovereign power we are in a trap, with others deciding the fate of our economy and society. The only way we can have a vision of a better tomorrow for our children and grandchildren, and deliver it to them, is by being a nation in full charge of itself. Independence does not mean more of the same, with the only difference being that the saltire flies alone on public buildings instead of alongside the union flag. Independence is a paradigm shift. It means no longer tolerating the intolerable.It means using the power of the nation to create a different economic model than the present one that has failed us, and from there going on to build a decent society. Remember the lesson of Grangemouth. On 24 October 2013, James Cook, reporting for BBC 1 pm news, summed up the position: 'The nation awaits the decision of one man.' A vital national interest to be saved or destroyed by a foreign billionaire. What a humiliation: one man vs 5 million, and the 5 million were powerless. There can be no better example of why that sovereign power in Scottish hands on 18 September must be retained, and why the socialist ethic of public good above all must again be embraced. Grangemouth is not alone in showing that a new political and economic model is needed, where the public interest registers, where policies driven by the greed that has become so prevalent in the UK are replaced by ones founded on co-operation and concern for communities, and where a dynamic state is a powerful driver to achieve more equality. The alternative to independence is more of the same. A land of food banks, pay-day loan companies and unremitting poverty for 250,000 children. Better Together is a fraudulent slogan. If Scots vote NO, they will be voting to be Poorer Together. The United Kingdom is heading towards a national debt of £1.5 trillion. The present 'recovery' is artificially stimulated and fuelled by more national and personal debt. It is designed to hide the truth and take the Tory Party successfully through the election campaign in 2015 – immediately thereafter the real cuts will come in. At present only £1 in every £10 of cuts has fallen upon the people. After the 2015 election, with £25 billion cuts scheduled in 2015-16, will come the deluge. The gap between the rich and the rest will grow wider. Socialist ideas can change all that, with independence. Socialists have a vision, not an airy-fairy one where words compensate for lack of ideas, but one grounded on a programme that aims to shift power to working people and their families; that aims to end the indignity and corrosive effect of unemployment on the personality. A programme that will set people free from fear, that transforms the lives of those in poverty by abolishing it, that gives our young people a society in which they can develop all of their talents, that addresses the disabled with compassion, and that ensures dignity and security in old age for our pensioners. What Scots have lacked to date is belief in their own power. Working people have allowed themselves to be browbeaten and manipulated into believing that this is the best of all possible worlds and that they are powerless to alter it. The myth of Scottish inadequacy has sapped the moral and political strength of the nation, and made it susceptible to swallowing lies about itself. That depressing era comes to an end when, on achieving independence, Scots own their own country, are beholden to no one, bend the knee to no one, ask permission of no one for policies the people need, when they can think new thoughts, embrace new ideas and use the power that lies latent within themselves to change things for the better forever. In place of fear we will create a nation proud, selfconfident, prosperous, in which the working people will have the opportunity to exert their power to quickly build a fair and just society. This is a programme of priorities. It concentrates on what must be done and can be done in short order. ## In Place of Fear II ### Sensible Socialism and Audacity In 1952 Nye Bevan published In Place of Fear. He addressed a country in which fear of unemployment haunted the working class, whose experience of the 1930s had left bitter memories. Today, with the technological revolution gathering pace, job security seemingly a thing of the past, and labour just another commodity for sale or disposal in the marketplace, fear is back. It need not be so. Nye Bevan did not argue against a mixed economy, but sought to conquer the commanding heights in order that the public good, through public control, brought benefits of production and services to the people. There are still considerable, if not actually commanding, heights to be conquered for the public good. Time and circumstances have changed. China and the rest of Asia were still basket cases when In Place of Fear was published. Global capitalism through the transnational companies had yet to develop. So socialists today are faced with a very different world to that of the 1950s. We do not need to fear it. Nye Bevan said that to succeed socialists must be audacious. We must be able to think and do what the establishment says we must not think and cannot do. There is, in fact, nothing the people cannot do when they exercise their power in an independent parliament. It is that power, with the audacity to use it, that this programme calls into action. ### Paying for the Socialist Programme This programme is coherent. The bits fit together. A number of projects will cost no more than money at present in the system. It will be better distributed and used. Resource management will, with a different economic model, maximise the assets of the nation, achieve higher growth rates, and increase the revenues for government. There are new ideas on funding. It must be emphasised that tackling inequality and poverty requires not only growth but redistribution of wealth from the rich, including the corporate rich, to poorer sections of the community. No socialist government could run away from that reality. Here are some examples of where finance will be better used. The Crown Estate will be nationalised. It will be called Scotland's Estate. And its wealth and income, and its potential additional income, will be paid directly to the Scottish Government. The management of Scotland's Estate, including the five rural estates with 37,000 hectares of land, 5,000 of forestry and mineral, salmon fishing rights, half the foreshore and all the sea bed, will be examined to see where it can better fit into the new policy of enhancing the public interest. It will be directly responsible to the Scottish Cabinet. Scottish Enterprise will close. Its staff, their skills and abilities will not be lost in redundancy. Some staff will be transferred to the trade division in a Scottish Foreign Service, which will be funded by the repatriated Scottish contribution to the UK FCO, thus producing a nil additional cost. Other staff will form a Research Centre serving the Scottish Cabinet Office, assisting in the formulation of policy. Scottish Development International will continue to be the lead organisation seeking inward investment, and will operate out of Scottish embassies. The savings from Scottish Enterprise closure will be around £200 million per year, and become part of the SME Ministry budget. There will be state activity in creating jobs, and improving the financial position of the unemployed. When the capitalist system hits crisis, as it does, and fails, as it does, it does not mean that the needs of society disappear along with the fall and elimination of the incompetent and corrupt corporate giants. In the face of crisis for the people thrown out of work, the action to create jobs by state activity is based on the logic that it is a foolish waste to pay someone not to work, when well organized work can be provided that meets needs in the community, adds value to the community, and brings dignity and self-respect to the individual. How much better to pay someone the living wage to work than pay subsistence level to keep him or her in or near poverty. Those people with more money in their pockets because they have a proper job will spend more in the community, and that spending, along with that of others, will create more jobs, which in turn will create further jobs and increase government revenue from VAT. The reverse happens when people are placed on the dole and given the lowest possible level of financial support, while we watch local shops close and depression set in. Where additional money is required, an innovative system of bond issues will be employed, beyond the standard government gilts, where, as with house building for rent and the purchase of an oil company, there will be solid collateral for low risk specialised bonds at reasonable yield levels. In the education field, on top of the money reallocated, the idea emanating from the work of Professor Lindsay Paterson 'Outstanding Students and Philanthropic Contributions in Scottish School Education', will be pursued by the government. Philanthropists will be urged to engage, not only with the exceptional students covered by Professor Paterson's work, but with some of the outstanding problems in some areas in which schools are located. Many already do so. Those who object to such philanthropy in the public sector will, no doubt, make sure they avoid those libraries and public halls which bear the name Carnegie, and no doubt Cumnock Academy should have rejected the cash from the New Cumnock lad Tom Hunter, when he sought to aid education in that part of Ayrshire. ### Demolishing the Myth It is constantly asserted, as though it was a knock-out blow to independence, that an independent Scotland would not have been able to withstand the crash of RBS and the Bank of Scotland. But when that happened there was no independent Scotland, so it is a false argument that has been allowed to gather strength due to the SNP government failing to point out its obvious flaw. How can an independent Scotland that didn't exist be found incapable, when it didn't exist? Perhaps a question for philosophers, certainly not for grown-up, serious people. RBS and Bank of Scotland failure was Westminster's failure. Westminster did not rescue them out of concern for Scotland's reputation in the financial world. Only around 10% of RBS was connected to Scotland, whereas 80% of the liabilities lay outside. Westminster Governments failed utterly to properly regulate the banking sector, allowing the banks to gamble with criminal recklessness – Scotland won't. There will be no bank crashes in an independent Scotland. The banks will be divided between retail and investment. Each one will be required to have a 'public interest' director on the board, and they will be closely monitored. There will be a bi-annual stress test of each bank carried out by the SMA, with the statutory right to see the books fully opened. This stress test will apply to board and senior managers, who will be rigorously examined as to competence. ### The Currency and Bank Governance Issues #### Fiddling with Fiat Money Scots for independence have been lectured by the Bank of England and the Treasury about how foolish it would be to get out from under their control. Given their record of incompetence, such an assertion is breathtaking. They were forecasting growth when the financial tsunami was half way across the Atlantic. Others saw it coming (including this author); they did not. They have sanctioned and engaged in printing money. They have invented money. If they were businesses and not government institutions, some of their practices would lead to jail. Take QE: interest-bearing government bonds issued by the Treasury, and bought by banks and other institutions. These bonds are then bought by the Bank of England from these groups. The Treasury, a government department, then pays the Bank of England, a government institution, the interest on the bonds which totalled £35 billion. Then, as has happened, the Treasury calls on the Bank of England to pay it the £35 billion, which it then claimed as new income. Voila! A big chunk out of the fiscal deficit. Fiat money is a piece of paper with no intrinsic value. Take a £5 note to a bank and ask it to honour the pledge that in exchange for your note it will pay five pounds sterling. You will get back another £5 note promising the same thing. The lesson is that governments can do anything they like with fiat money, as long as they can cast a spell upon the community to keep believing the paper has value. The Treasury and the Bank of England must have breathed a sigh of relief when no one questioned how that £35 billion came to exist. As for what happens when they start to unroll QE, they haven't a clue. ### Currency The idea that an independent Scotland should put itself under the permanent control of the Bank of England is so ludicrous, it is amazing it has been given any consideration. The Monetary Policy Committee of the Bank of England has nine members. Five are drawn from within the Bank, and four additional ones appointed by the Chancellor of the Exchequer. Six of the nine went to Oxbridge. Only one has any past connection outside the bubble of the South of England. The Governor and one other come from the Goldman Sachs stable, and one is from the CBI. All anchored in London. Does anyone seriously think that planking a lone Scot in among that lot will, in any way, alter their priority, which is London and its City? Scotland needs a separate currency on independence. It will be necessary to align it with sterling in a transition phase, probably 5-8 years, to enable cross-border trade to carry no additional exchange costs, and to produce stability in the early stages of independence. The argument between the Scottish Government and Westminster over currency has obscured a fact: if Scottish business wants to use the pound sterling instead of the Scottish currency for trading purposes, it is perfectly free to do so without being in a currency union. Sterling is a convertible currency like the euro and the US dollar. All over the world, for example, the US dollar is used for payments in trade. Transaction between Scots and English business in sterling will be no different – indeed normal. The First Minister says that on independence there has to be a share-out of assets and liabilities. That is true. The national debt is a liability, and has to be shared. But he is mistaken when claiming sterling as an asset capable of being shared. Currency is a badge of sovereignty, issued by a sovereign nation, which decides whether it is convertible or not. A currency union means shared sovereignty, with a single central bank in control of each currency member. A currency union means Scotland gains sovereignty, then gives it away again. It also requires Westminster to share its sovereignty, most unlikely. The difference between having a Scottish currency and our position in sterling now, is that a separate currency will, as we come to the end of the transition phase, achieve what a Yes vote is about – economic sovereignty. ### No Independent Central Bank Those who revel in the Central Banker title, and act as though they live among the Gods as the Lords of Finance, have been the problem not the solution to the world's economic condition. It was the hubris of Alan Greenspan, at the head of the US Federal Reserve, that was responsible above all others for the financial crash in 2007-08. Like Singapore, there will be a Scottish Monetary Authority (SMA) which will supervise and regulate the banks, and oversee and approve the issue of Scottish currency notes by the banks in Scotland, with each issue backed by international reserves of dollars, yen, sterling, euro. The statute of the SMA will give it wide latitude in its operations, as is necessary, as it will work within a global financial world, but the SMA will not be an independent entity. It will be responsible to the Scottish Finance Minister, who will appoint its senior management. The head of the SMA, in any dispute between the SMA and the Finance Minister, over any direction which the latter wishes to issue, will have the right of audience before the full Scottish cabinet. ### Scottish Socialism will be renewed by the challenge of independence 'All our Socialist dreams have been destroyed by the London connection.' Retired miner, Netherthird, Cumnock, 1979 #### Changing for the Better Forever That old miner had, and has, a point. The socialist movement in Scotland has never been able to pursue its policies here because no matter how we vote in the elections in which lie real power, those for Westminster government, the Scottish tail can never wag the southern dog. Even when Labour had 50 MPs out of 79, it was powerless to prevent attack after attack on the Scottish people because England voted Tory. How many times are the Scots willing to go to the polls, vote for the government they want, and end up with the government they rejected? Happens in the UK. Cannot happen in an independent Scotland. Even when, in the Blair–Brown years, there was a New Labour Government at Westminster, its policies were dictated by concern for the views of Middle England, with Scotland important only for the number of our MPs that would troop through the division lobbies. Scotland for British Labour has been the land of the lobby fodder. The prospect of independence opens possibilities previously closed. This programme sets out a socialist vision of an independent Scotland. Not utopian, but a realistic one aimed at giving power to the working people and their families, so that they can create a decent society based on values of egalitarianism, wherein no one starves or goes in fear of unemployment, and our young people can be ambitious, and successful in their own country. We live in a world where the capitalist ethic seems to be triumphant. How this can be, given the crisis that broke in 2007, the manifest inability of those who believe in the efficacy of market forces to solve that crisis, and the socialisation of the banking system, is a mystery. Perhaps not a mystery, as the socialist movement has been dormant intellectually for some time, and allowed the pernicious nostrums of the ideological children of Mrs. Thatcher to go unchallenged. It is time to challenge capitalism once again, and this programme does so. It sets out why socialist ideas are relevant to Scottish economic life, and how they will release thousands of families from the grip of fear. ### The Core Issues This programme addresses the core issues that determine the life styles, life expectancy, welfare, prosperity and opportunities for our young people in a Scotland that, on independence, will put Scots in control of their own destiny for the first time in over 300 years. The issues are: people, education, jobs, the welfare state, and land use. Independent Scotland should not bow to the God of capitalism, but nor can we ignore it. This programme looks at socialism in the twenty-first century and seeks to address honestly the circumstances we face, and the sometimes bitter lessons history has taught us. We cannot afford the luxury of past patterns of politics, with its indulgence of rhetoric that has no intellectual foundation. Before the Attlee Government, and after it, socialist leaders in the shape of Labour Governments were bold on rhetoric before coming to office, but quickly caved in to pressures in the capitalist system because they were intellectually unprepared. There are those today who would place themselves well to the Left, who revel in their self-proclaimed radicalism, and love to rant against neo-liberalism, who are as intellectually sterile as those Labour failures. Rhetoric is not policy, and nor is policy when it avoids the realities which any socialist government will have to cope with. With a proper solid foundation of ideology anchored in reality, we socialists can change this nation for the better, forever. ### Sensible Socialism Given the dearth of discussion and examination of ideology in the last thirty years or so, it is necessary, before spelling out concrete ideas, to spend some time in addressing how we rethink socialism in the twenty-first century, which is profoundly different from the twentieth century when democratic socialism developed and flourished – until its near death experience under New Labour, with its worship of the market. Socialism today can be defined as action to advance labour's ability to prevent its exploitation by capital, secure a distribution of wealth and power that favours working people and promotes co-operation which can be achieved through social ownership and by exerting public control over parts of the economy vital to the interests of the people. If socialism is to guide policies in Scotland in this century, it must be based on realism – a guide not a dogma. This is no time for empty slogans. We need sensible socialism. It is time to think. Socialists must acknowledge that wealth creation determines the value and scale available for redistribution because, in recent years what passes for the Left, as it faced deindustrialisation, has concentrated its energies in defending the public sector. Between 1997 and 2007, investment in the public sector rose by 53%, yet when the crunch came, and the fragility of the economy that underpinned it was exposed, public sector workers' pensions and wages came under direct attack. The link between the wealth-generating economy and sustainable public services must always be factored into policy. There is one important point socialists must get across to people. It is a dangerous, powerful myth that the private sector creates wealth, whereas the public sector spends it. Carefully directed spending by the state multiplies and creates wealth too. Are we really to believe that a medical team which puts a young person back into work after a serious accident, does not contribute more to wealth creation than does a currency speculator? Is the engineer who services a railway track not as much involved in the creation of wealth as the worker who runs the train along it? There is an intimate interplay between public services and the private sector, and one cannot function without the other. ### Time to end Timidity Time to be Bold Socialism in one country is not possible in a world where many economies are intertwined, and global trade policy, including intellectual property and services, is governed by the rule-based World Trade Organisation. So what do socialists do in a small country like Scotland? Throw in the towel, cave in to the doctrine of market forces, as New Labour did, pin their hopes on low corporation tax so they can hawk their country round the world for foreign investment bringing any kind of jobs at any low level of wages, and abandon any hope of policies that promote the interests of those who sell their labour, whether it be by physical or mental effort? No. The basic truth that governs most lives, lost sight of in recent years, is the ability or inability of people to sell their labour. Yes, the state can ensure a minimum of living standards for those out of work, but that does not free people from poverty and anxiety. They are not in control of their lives; they are truly subjects of the state. Socialism has been in retreat. Scorn is poured upon those who dare challenge the notion that markets are the most rational system for the allocation of resources, and upon those who assert that the idea of collective solidarity has value. It is no accident that as socialism has retreated from the public arena, greed, the inevitable consequence of the idea that the individual should look only to self-interest, has been the most marked feature of our unequal society. Socialists have grown timid in the face of transnational capitalism, and the neo-liberal boasts asserting the superiority of market forces. As we watch the great flows of capital around the world, the rise of the global companies, the power that they seem to exert as the prime movers and shakers above and beyond the control of politicians and states, it is understandable that the answer to the question 'What is to be done?' is 'Not much we can do.' Wrong. ### Capitalism and Socialism Socialists should respond to the role of capital by recognising that we are dealing with two quite different phenomena, both in scale and character. Big capital comes in the shape of large companies, many with a global reach, and there is capital anchored in the community in the SME sector. They call for different policies. International capital and its global company giants are not as powerful as they seem, provided we understand that as well as strengths they have weaknesses, and that as well as weaknesses states have power. The idea that when challenged via taxation or regulatory policies or laws to protect workers, all global companies will up stakes and depart for elsewhere, is infantile. But before looking more closely than is usually the case at the relative strengths of capitalism and the nation state, we should look objectively at why capitalism has been successful when compared to the failure of a centrally managed Soviet-style system, or the hybrid of state capitalism and Quango management – the traditional Labour government method. Despite the theories of the outside Left, capitalism is not a system run by evil men and women, who sit down together plotting to do harm to the multitudes. It is a system which has the search for profit as its driving force. It is to date the most successful economic system produced by humankind. It has generated and released great technical and productive forces on a scale never seen before, and it has in many countries transformed the living and health standards of billions of people. It has, of course, a characteristic that is not often admitted by its adherents (except by the Austrian school), in that it requires renewal through constructive destruction – that is, those who fail in the market should be allowed to fail, leaving room for others to emerge and flourish, rather like the fall of diseased great trees enables new growth in the forest. Where it has flourished, so has the rule of law. But capitalism is not an unalloyed benefit to human beings. Hugh MacDiarmid described it as a 'leper pearl' that tarnishes everything to which it does not bring its blessings. Big Capital in pursuit of profit exploits labour, plays off people against people, governments against governments, and, where a state is weak, is rapacious in its use of children and misuse of resources and the environment. It is a system that frequently gets out of balance, creating economic and social crisis on a large scale, with much human misery as the consequence. There are, of course, enlightened capitalist organisations that recognise the importance to them of labour, but as many an employee of an enlightened outfit has found when a crunch arrives, their interests are the first to be jettisoned. Capitalism and its concomitant of market forces free to roam are managed by people who no doubt have a moral compass guiding their private lives, but operate a system governed by an amoral principle: investment will take place only when it can produce a profit. This is not an attack on profit per se, merely stating a fact. That fact has consequences. As the economic crisis grew, and there was a clamant need for investment to kick-start the recovery, corporate Britain sat on £750 billion in cash because it saw no real prospect of growth and profits. The national interest didn't come into their calculations or motivation. When workers withdraw their labour, there is a great stramash with warnings of the economic cost to the national GDP. A 'strike' of capital is hardly remarked upon. Where, however, there is prospect of profit, investment will follow, as it has done with the pay-day loan companies which are expanding their reach as they feast upon the needs of the poor. There may be on many occasions a social benefit arising out of an investment, and it will be painted as such by the PR departments, but that is window dressing. When profit is threatened, or profit can be maximised by a shift of location, social benefits receive lip service but don't count – ask the Diageo workers at Kilmarnock. If we see profit as surplus value after the costs involved in economic activity have been met, there can be no objection to it. Companies without profit go bust. State enterprises without profit make a claim on state revenues and capital, leading to malinvestment – as has happened in China on a grand scale. It is what is done with the 'profit' that matters. If a good part of it is ploughed back into an economic activity, particularly in research and development, whether it be a private company or a state-owned one, there is national benefit. Unlike capitalism, socialism does have a moral purpose. In its basic theory socialism seeks to replace the weakness and latent insecurity of labour by controlling capital in the interests of the general community, the vast majority of which are workers without wealth. Its purpose is to create a society that is fair, where there is no reason for poverty, and where the standard of living and the cultural level of the people are uplifted. Critics claim that socialism aims to level down. The opposite is the case. ### It isn't as powerful as we or indeed it thinks Turn back now to the relative strengths and weaknesses of global capital and states. The power of global company giants can often be balanced by the power of a state. Starbucks is a classic example inside the UK. Sales of £3 billion produced a tax payment of £8.5 million. Faced with severe criticism, Starbucks threatened to abandon £100 million of investment and so lose 9,000 new jobs. Suppose it does not invest. Suppose it departs. That £3 billion worth of coffee and buns will still be consumed, but delivered by others who will create jobs. Take a Scottish example, of international companies who own and control the Scotch whisky industry. How, if they do not like our tax regime, our employment laws, or that we insist bottling takes place here, not in an Asian low wage economy, will they depart with the loot? They cannot. Scotch whisky has to be made here, and nowhere else. If, however, they do take their companies elsewhere, we the people are left with the assets, and a splendid and profitable industry. Banks are a classic example of powerful institutions with a global reach, which cannot be guaranteed survival without collective action at state level, and which can be bent to the will of a state. The socialisation of the banks in the UK and elsewhere illustrates that the community can control and influence the future of the system, if they have the will to do so. The way manufacturing and assembly has been diced up among different countries, the reliance of pension and insurance funds on a spread of investments in various economies, and how the sheer volume of money flows in the world economy can affect currencies, are examples of the power base of international capital. A small country with an open economy such as Scotland's cannot escape from the world in which capital has such a powerful position. ### There are still heights we can conquer Nye Bevan sought to define socialism in terms of the people gaining control of the commanding heights of the economy. It would be difficult today, given the character of manufacturing and the reach that the financial services industry has, and its complexity, to identify the commanding heights that an independent Scotland could command. But there are 'important heights' that can be conquered for the public interest, and the workers' interest. However, we must face facts. Today's socialists are confronted with the truth of limitation on what they can accomplish in terms of exerting control over many economic levers in a society. But recognising limitation does not mean accepting that nothing can be done. The combination of imagination, political willpower and what Bevan called audacity in the face of orthodoxy can make a difference in the power equation between capital and labour, and between the interests of Big capital and society. Being realistic does not mean that socialists should not be bold, and think and act outside the boundaries that market forces wish to surround us with; nor should they be imprisoned by ideology. This programme is bold. It shows how power can be exercised by the community, how collective action can assist people to exercise control over their individual lives. It is a programme that does not carry the weary appeals of 'hope', but instead shows how action can raise up and sustain a high level of economic activity, safeguard vital community interests, and ensure dignity for all in a country free from fear. The Right would have us believe that the state must shrink, and its role be confined to that of enabler: improve the supply side of the economy with laws, for example, on labour flexibility – a euphemism for fewer workers' rights and low wages. While states can be enablers in the development of an economy, they also have a dynamic role to play, can be decisive actors in key areas of the economy, and are crucial when social infrastructure is needed for the smooth running of the economic machine. A successful society has to strike a balance between being one in which we are genuinely all in it together, and one in which the competitive edge necessary to make our national way in the business world is not diminished. A small country, egalitarian in its character, yet with a record of inventiveness, can accomplish that task. But it cannot do so when tied hand and foot to another much larger one, which does not share its political culture. Ending the deadly London connection, as that old Scottish miner advised, is a necessary start. ### Striking the Right Priorities There can be no future oil fund, when reducing the national debt is such a pressing need, in order that we can shift resources to the priority: well paid jobs. Some 592,000 people, 21.8% of Scottish taxpayers, earn only £10,000 a year; 498,000, 18.3% earn £15,000. That picture of a low wage economy is what we have to alter. The root issue for an independent Scottish Government is how to create growth that will create those well paid jobs, when faced with needing to pay down a large inherited debt as our share of what UK governments have created. Every £1 billion reduction in the national debt releases financial resources to stimulate growth. This programme sets out how this will be done. The size of the national debt legacy will depend upon the skill of Scots negotiators. The blatant deception about the true value of oil, as admitted by the notorious secret Gavin McCrone memorandum, and how the £279 billion of Scotland's wealth was squandered as our nation became poorer must be taken into account in assessing the share we will take. It is clear, however, that whether on a strict proportionate basis or a discounted share, Scotland will inherit a large national debt. As the first call upon the independence budgets will be payment of debt interest, it is imperative to get it down to levels which do not impinge destructively on a reconstruction programme. There will be no oil future fund. There is no point paying high debt interest, when a proportion of oil wealth can be used to rapidly write down the debt, thus enabling an immediate start to creating a different economic model, and so meet the objectives of jobs, and raising living standards. We are urged to become frightened by the fact that oil prices fluctuate, 'volatile' is the favourite description, with the dire forecast that they will go down. The Office of Budget Responsibility is the culprit. It has a wonderful title, redolent of the kind of respectability that makes people blindly accept its statements as gospel truth. Yet its record of forecasting growth is abysmal. However, the OBR gospel says oil prices will fall, and everyone cites the OBR as authority, and so it becomes legend. There will be no equivalent in a socialist government. Budget responsibility is a ministerial function. Those who would terrify us with tales of woe would have us believe that Scotland is the only nation to discover oil and find it a problem, not a bonus. Moreover, there is more to oil than simply getting the taxation revenues. ### Living Successfully in a New World For almost four hundred years, world power was exercised by the Atlantic axis – the United States and Europe. That epoch is over. It is a new age of Asia/Pacific power. This has been happening as the world has moved into a new explosive technological era, probably more dramatic in its effects than the transformation from the agricultural economy to the industrial revolution. The other transformation comes in the role of human capital. When the west was king, we had significant advantage over the rest in the level of education, management, organisational and technical skills. That advantage is no more. Millions of educated, technologically and managerially savvy young graduates are emerging yearly from Asian universities. Just one institution, the Chinese Academy of Social Sciences, has fifty research centres covering 260 disciplines and subdisciplines, with 4,000 full-time researchers. As Mark Leonard points out in What Does China Think?, all of the British think-tanks put together number in the hundreds, Europe as a whole in the low thousands, and in the USA some ten thousand for all disciplines. The CASS is concerned only with philosophy and social sciences. Other institutions, grounded in technology and engineering, produced 600,000 graduates last year, most from the top 50 Chinese universities. States in the West face challenges they never before experienced in the world economic and political system. Hard-headed analysis of what we must do and what we must avoid are prerequisites for success in positioning our nation in this new world. ### Assessing the Nation #### Practical Steps to a New Scotland: A New Socialist Economic Model A mistake, probably a deliberate one, made by those who forecast doom and gloom for any future Scottish economy is that they see us only as a mini-breakaway model of the UK economy. The Institute of Fiscal Studies, which tarnished its reputation by the fantastic claim to be able to see 50 years ahead, assumed we would follow the same dismal path as before. The IFS, and others, either do not understand, or do not want to understand, that what comes with independence is the chance to think well outside the box that is the UK mindset. Independence allows us to adopt a different economic model. We will, of course, be subject to international demand influences as we trade with our partners, but we must adopt resource management, as the prime driver of the economy. At present Scotland sits within a demand management economy, where growth comes from consumer spending creating demand for goods and services. This requires people to borrow to spend when, as now, and for some years, wages have shrunk in real terms. It also requires government borrowing to spend on public services, because the catastrophic loss of manufacturing has unbalanced the economy. The UK government borrowing is now around £120 billion a year, accumulating towards £1.5 trillion. We are now paying the price of a one-club policy. That is why Scotland must change to build on our resources. Resource management lies in the identification of indigenous assets from which products and services can be created to trade internally and internationally. Scotland is rich in indigenous assets:- 1. Its people 2. Education system 3. Potential in energy generation 4. Land and agriculture 5. Fisheries 6. Oil & gas 7. Water 8. The cities 9. Scenery 10. Topography 11. Geography 12. Heritage Tourism: the bottom five are a resource for expanding tourism, which is actually an 'export' in situ, built upon our culture, history, scenery, facilities and services. It has not met its full potential in creating jobs. Some of what is offered to tourists is good, in some cases superb. In too many places it is patchy. No product can be 'exported' that is patchy. It has to be good all over. A policy directed at aid to upgrading hotels in the 2-3 star range and the B&B sector, greater emphasis on the professional training of staff, and the policy outlined below on fuel duty, and air passenger duty, will see this industry make a greater contribution to growth and jobs. Financial services: This is where people count. The failures at RBS and HBOS were damaging to our reputation for prudent and sound financial management. If Scotland had been alone in the arena of failure, the damage might have been irreparable. But we were not. Over 200 banks collapsed in the United States, and even Germany had to engage in bail-outs. Scotland is no more damaged than elsewhere. There remains the considerable size of financial services, and Scotland still ranks high in the European league for funds under management. Enhancing the education and skill levels of our people will keep us in that top group. People: Scotland has 5 million in a world of 7 billion. Disraeli's dictum: 'Upon the education of the people of this country the fate of this country depends' applies, in spades, to a small nation in a global economy. It is imperative that Scots are educated to the highest standard in world terms in order that they position themselves to successfully ride the technological waves that will break over all economies in the years ahead. For 5 million people to earn a good living they have to perform better than most. A successful, prosperous people and a world class education system are inseparable. Scotland's size is an advantage. The distance between policymakers and those affected is short. As in Denmark, Sweden, Finland, Norway, success or problems in policies can be quickly spotted, and action taken to either tackle failure or maximize success. That advantage is not open to larger countries. The analogy is with ships: a large tanker takes a long time to turn, a small ship can do so quickly. Other People: Immigration. We can add to the rich resource of people with an immigration policy that suits our circumstances. Small in numbers we are, and we could gain advantages by being a bit bigger in population with the entry of people with academic qualifications, and people with a set of skills who wish to settle here permanently. Our universities are a case in point: in a global community, they must be able to attract world-class staff from various countries and disciplines, and must be able to admit foreign students both for the fees they bring and the contribution they make to our intellectual development. Foreign students bring in over £600 million to the economy. University doors must always be wide open to foreign students and foreign academics. Scotland must always offer asylum, but there is a difference between asylum-seeker and economic migrant. As well as university students for whom special immigration rules will apply, we should be willing to welcome others who will contribute to our economic growth and creation of wealth. There is a moral question to be asked about economic immigration. There is a difference between admitting a migrant who lands at our door, and going out to attract and recruit a migrant. Is it right for a developed country to deliberately take from a less developed country, or one of the developing countries, their best talent? If, for example, we take doctors and nurses from a developing country, or its brightest IT-skilled young people, does that not seriously hamper the chances of advancement for the countries from which they come? What we need is a sensible immigration policy that is not self-centred while seeking to attract people of talent. People who leave their countries in search of betterment for themselves and their children and undertake dangerous journeys have the kind of character and innate ability, the 'fresh talent', that can be built upon by countries in which they arrive. Scotland should have a quota system for economic migrants irrespective of colour or creed, and should have specific policies and mechanisms for them and their children, to become established and integrated into our communities as new Scots. This need for induction into Scotland and its values and laws is not a minor matter. Some, not all, immigrant cultural norms are unacceptable here. The subordinate role of women, 'honour' killings and the abhorrent practice of female genital mutilation have no place in a Scotland where the advances in rights, especially women's rights, is not an accident, but the product of years, decades, of struggle by progressive forces. ### Education, Education, Education Blair said it. This programme means it. Education is the foundation of a successful society, both in terms of economic and social achievements at home and an ability to participate constructively in the international community. It is time to end the foolish claims that we have a worldclass education system. This nation has gone from being able to boast of a fully literate population to one where many have difficulty in reading, writing and counting, and our universities are faced with first-year students who have no grammar and cannot spell, or write with precision. We rightly boast of five universities in the world's top two hundred... but our universities have the worst dropout rate in the UK... and, to our everlasting shame, we have children born to fail at school, not because teachers are incompetent or uncaring, but because the social conditions in certain localities impose limits on the children's horizons and kill ambition at an early age. The correlation between the numbers of free school meals and low exam performance tells its own story. Apart from being morally repugnant, that failure is economically damaging. To lift this nation to a position where it can be successful, we need to start with the children. The replacement of the selection system by comprehensive schools in the 1960s has been a success in many areas where there has been a balance in the social mix of students. But it is not perfect or near to world class, and it is time this was admitted and new ideas allowed to flow in. ### A New Education Act #### Purpose: To ensure no child is born to fail. All Scottish school students will be equipped to succeed in the world The new Act will give effect to the restructuring of higher education, creation of local authority Joint Education Boards, release of more money direct to schools, head teachers with greater autonomy over school budgets and recruitment, and the direction of exceptional assistance to schools in designated areas of multiple deprivation. The aim of the Act is that every child will develop the skills to think critically in maths, science and reading, learn to solve problems that will enable them to adapt, and take advantage of, and not be overwhelmed by, the further technological changes that will come as this century unfolds. Knowledge is going to matter more in this century than in any previous one. This policy embraces every child from birth. No country either economically or morally can accept a situation where in certain areas, children fail who, in any other social environment, would succeed. The present set-up fails them. It must be changed. The Ministry of Education will define and designate areas of multiple deprivation for the purposes of the Act. Primary and secondary schools in these areas will receive double the per capita allocation. Schools in these areas are faced with external social factors that seriously impinge upon their ability to engage pupils and students in the imperative of learning. A teacher's role is in the classroom, yet if he or she is to properly educate children and students, the external social conditions must be tackled. To this end each secondary school will have a non-education 'Social & Community Development' department whose job it will be to work with families in the area, to build capacity for self-improvement where that is required, and engender greater parental interest and involvement in the children and the school. School buildings and facilities will be made available to the 'Social & Community Development' department after schools hours, at weekends and during school holiday periods for their work in the community. The Workers Educational Association should be engaged in activities designed to improve the education levels of parents through specialised courses. The work of Sistema Scotland in creating the Big Noise orchestras in Raploch and Govanhill will be helped in a way that sustains its expansion without interference in its voluntary nature. The Scottish Government, to its credit, made £1.5 million available to Sistema and commissioned research on the impact that its work has had on families, children and communities. As the research noted, there were significant improvements in the confidence, self-esteem, social skills and ability to concentrate among the children in the Raploch orchestra. Music can transform. Philanthropists will be encouraged to continue, and new ones to join in doing so, by a policy that provides £3 from the Scottish Government for £1 given. Whatever the outcome of that policy, Sistema will be guaranteed no less a sum than £3 million per year for its work with no government strings attached. Schools outwith the designated deprived areas will also make their buildings available for educational, social and recreational use as a matter of national policy. Many do so already. This policy has implications. ### State Schools will get Charitable Status It is difficult to see how the type of state school, with its additional social and community development commitment, or a more open attitude to its use by the community, differs from a school in the independent sector in terms of qualification for charitable status. The only factor which disqualifies state schools from charitable status, because they definitely pass the test of 'public benefit' set by the Charities & Trustee Investment (Scotland) Act 2005, is that they are construed as being under the direction or control of Ministers. Even if they are, they far outstrip the independent schools in terms of delivering a public benefit. It seems absurd that the independent sector should get the charitable status denied to state schools, when both pass the test set by the Act. The new Education Act will be accompanied legislatively with amendments to the 2005 Charities Act, to remove the obstruction of Ministerial involvement. It may be true that Ministers supply funding for state schools, but by no means do they exercise detailed direction or control over individual schools, the responsibility for which lies with local authorities. The issue of charitable status is no small matter. Paul Hutcheon, Sunday Herald, 22 July 2012, revealed:- Fettes, because of the 80% discount as a charity, saw its council tax liability fall from £209,139 to £41,828. George Watson's College fell from £412,649 to £83,530, Gordonstoun's from £148,086 to 30,618. Wester Hailes state school, having no such status, where 45% of pupils were eligible for free school meals, paid its full liability of £261,873. The same 80% reduction in council tax (LVT when introduced) will apply to all state schools. ### Educating the Young #### The Present Structure is Faulty, and Will Be Made Right At the heart of this education policy lie four priorities: Ensuring that never again will a Scottish child be born to fail Enhancing the status and quality of the teaching profession Allocation of funding for universities to keep our sciences world class Ensuring that investment in tertiary education will, in progressive steps, reach the level of 2.8 % of GDP. ### The Under Fives #### The crucial age group Research has proved that if a child is badly treated or ignored, or is not stimulated in its early years, then it is loaded with difficulties in future years. Lesley Riddoch, who has done a great deal of study in this area of child development, quoted in The Scotsman (18 November 2013), research showing that 'By age five, children with a degree-educated parent are, on average, 18 months ahead in their vocabulary ability compared with children whose parents have no qualifications. They are 13 months ahead in problem-solving abilities.' She points out that before 2003 'health visitors used to make universal checks at six weeks, three months, eight months, 18 months, two years, 3.3 years and just before school.' Those health checks were reduced by the Labour/Lib Dem administration. As there is a direct correlation between what happens to the general health and development of a child under five, and performance at the various levels of schools, each nursery and primary school will have a health care unit whose function will be to work with families in communities scarred by deprivation, and the full universal checks will be restored. This means more health visitors, an increase of 20 per cent. This will cost, but if the programme is serious about the importance of education for the nation and for the individual, the cost will be met. Money spent in the nurturing and development of Scotland's children is money well spent. There is a terrible legacy from the destructive years of the Thatcher government. The children today and those born in the future bear no responsibility for the situation many families are in. They are entitled to live in a society that is different from one where so many are mired in poverty. If boldness is required to give them the priority, then let us be bold. Kindergartens & Nursery Schools: A full-time, allday place for every child between the ages of 1 & 5 in deprived areas, and between 3 and 5 elsewhere. These will be staffed not only with trained nursery teachers and health specialists, as set out above, but also with social support staff for single mothers and other families. There will be after-school care provided. Part of the money released by the amalgamation of education authorities will contribute towards the cost of a place for every child. ### Teachers The status of the teachers must be raised to that of an elite profession. This will mean higher standards of entry and continuing professional development. It will mean higher salaries. As a benchmark, no Principal teacher will be paid less than £50,000 a year, and no experienced teacher less than £40,000 per year. There is no doubt that class size matters, but it is the quality of the teaching that counts most. A teacher who can inspire a child to seek knowledge, impart a thirst for learning, enable a child to recognise and appreciate its own talent and ability, and so build its sense of self worth, and ignite ambition, is an asset to be cherished and rewarded. ### Restructuring the Education System If Universities and Further Education Colleges are to flourish and contribute significantly to Scottish success in a wide range of fields of endeavour, they must be presented with students who are exceptionally well educated, have a thirst for knowledge, and prize education for the great gift it is. Whether universities and further education colleges flourish is wholly dependent upon the rock of our education system – nursery, primary and secondary schooling. It is in these that social disadvantage must be tackled. It isn't simply having more financial resources allocated, but how resources are used. Right now, with 32 educational authorities, administration absorbs too much of the money allocated to schools. In their place will be five local authority Joint Education Boards: Strathclyde, Dumfries & Galloway, Edinburgh & Lothians, Forth, Fife & Tayside, Highlands Islands & Grampian. The voting membership will be elected councillors from each council in the joint board area, plus one non-voting advisor from each of the Universities and Higher Technical Institutes in the area. This reduces administration, with substantial savings, enabling more money to be channelled to where it should go – the schools. A reduction of education authorities from 32 to 5, would, it is estimated, release some £400-500 million. This format retains the role of elected local councillors, and adds expertise and advice from educational organisations that are dependent upon the primary and secondary schools systems for students who are well educated. Joint Boards will receive direct funding from the Ministry of Education, thus ensuring the money is ring-fenced. Joint Boards will allocate to schools. When receiving their budgets, Head Teachers will have greater autonomy over how money is spent on staffing, recruitment, materials and support services. There will be no selection. The comprehensive system will continue to apply as national policy, as will the curriculum for excellence. In 1965, before the introduction of comprehensive education with its social mix, 70% left secondary school without nationally recognised qualifications. Only 12% of school leavers qualified for higher education. Three decades later only one in twenty five young people left school without a qualification. In 2011-12, 36.8% earned three or more Highers. But there is this problem of schools in areas where there is virtually no social mix, where social stress and deprivation is the norm, where children are born to fail and where upward social mobility is not even a dream. Concern for this lack of social mobility prompted the Rector of Kelvinside Academy, in a letter to The Herald, 21 November 2013, to advocate vouchers so that 'children from all sections of society' would gain greater access to leading schools, including the independents, provided the government 'help fund places for children in the best schools.' What that would entail is turning our state schools into a marketplace, competing with each other for students, and where demand for a school outstripped places, the reintroduction of selection. What the advocates of selection seem blind to is that the unselected are damaged by that process. If only x number of places are available, the exclusion of children who do not get in, although they may be very bright, is not only unfair but a criminal waste. A sense of failure for the majority not selected was the marked feature of the pre-1965 system. There will be no return to that. But, there are schools where there is little or no social mix, where the children are drawn from areas of social stress which make it extremely difficult for teachers to imbue them with self-confidence and a desire for education. Vouchers will not change those children's prospects, only resources properly applied will improve their chances in life. It is to find resources, in addition to those reallocated from administrative savings, that PFI/PPP agreements must be renegotiated. Between 2013-14 and 2041-42, the Scottish public sector will pay over £24.346 billion. Taken to the cleaners is a phrase that comes to mind. How to handle PFI/PPP providers if they are reluctant to renegotiate is set out later in the section dealing with the NHS. ### Primary and Secondary schools Primary. Pilot schemes in England have shown that children who have access to free meals at school find it not only good for physical development, but good for educational attainment. Free school meals will be available in primary schools from P1 to P7. Secondary. In the state secondary schools there will be a marked shift, so that while those of an academic bent will continue as at present, other students will, from end S3 onwards, be engaged in developing technical/vocational skills along with academic studies – thus meeting the need not met at present, that is giving a group of young people a chance to accumulate skills that will engage their interest, and open up to them work opportunities in the years after school. At the end of S3, students who do not wish to continue in the academic stream will transfer to Higher Technical Institutes (former FE colleges) for the rest of their education, with that education having a heavy technical bent. These institutes will offer a triple quality to students transferring from school: their status, professional lecturers, and their awards. They represent another different, but equal, step along the educational road. Those young people taking up Higher Technical Institute courses will benefit from the policy of full employment pursued by a socialist government. The constant striving by that government to achieve and maintain that policy will alter perceptions among the young. There is a crucial link between education and jobs. Part of the problem in deprived areas is that young people at school see no prospect of a job, and so any attempt to persuade them that education is important for their future life chances is likely to fall on deaf ears. If they lived in a country where job availability was the norm, then approaches to what education has to offer would be different. ### Enhancing the Status of the FE Sector #### Higher Technical Institutes If Further Education Colleges are to improve the contribution they make to education in general, their status in the eyes of students must rise, not as a PR exercise, but because they gift each one significant and worthwhile levels of knowledge, skills and qualifications. This objective can only be met through direct funding from the Ministry of Education, with advisory boards drawn from the local community, including business. Close relations with Lead Boards from industry will ensure that each sector maintains a high technical standard and a skill set that recognises the importance of literacy, numeracy and citizenship. FE Colleges will become Higher Technical Institutes awarding Technical Baccalaureates. Staffing structure will be reorganised to reflect their higher status and the role they will play with students. Higher Technical Institutes will be seen as a first choice for those who wish to excel in technical and vocational skills. The Technical Baccalaureates and the Technical Baccalaureate Diploma will set benchmarks against which intellectual, creative and vocational skillsets will be measured and recognised. Both Baccalaureates will aim at excellence, a 'Gold' standard of education, lacking in the present competence based system. The Technical Baccalaureate will also allow credit transfer to the University sector for students who, under this new system, are able and willing to pursue their studies further. A crucial aspect of this new policy is that a broad range of local and national economic indicators will act as the key drivers for course development, and the measure of course viability will be part of broader aspirations than being driven by local market demand. This will allow access to specific courses where local numbers may be low, but the benefit to the local or national community is high. ### The University Sector #### Against elitism, are we? Nothing more illustrates the perversion that exists within the current philosophy (sic) in higher education than the peculiar idea that our universities, which are truly in a global market place, should deny entry to those academically qualified, while admitting students with lesser qualifications because they come from a deprived socio-economic strata. This is well intentioned, done in the interests of those whose start in life, and whose travel through the education system is difficult, when compared with others. It is an expensive gesture, not in financial terms, but in terms of erosion in the long term of the academic worth of our university system. That Scotland should have a high student dropout rate is not surprising. Young people from deprived areas, especially if they have lower academic standards than their peer group, are going to suffer problems of confidence in what is a very different academic and social environment, where the demands are on an ability to engage in autonomous learning. They are in at the deep end with very little background to support them. It is, again, peculiar that while in the armed forces our society admires the elite units, and we long for the day when an elite squad will emerge to form our national football team, when we enjoy seeing Scots become part of the acting elite of Holywood, and rejoice in the elite status of Andy Murray, we look disdainfully at any notion of elitism in our education system at university level. Socialists must argue that every young person, no matter their background, should reach the highest level of educational placement and attainment to which they are capable. If we are to carve out a national economic life in a global world, we need to ensure that our elite universities should take in only the highest qualified. To ensure that no student is put off by the threat of debt, the policy of free tuition will continue. ### Making Scotland the outstanding Scientific Centre in Europe Scotland already has world class universities in the area of science. The policy will be to build upon that and make us the leading science centre in Europe. The anxiety expressed about scientific research after leaving the UK is not about our universities' research capabilities, but funding. The sum involved is around £330 million a year. The Ministry of Education will have two funds for universities. One, the general fund drawn from government taxation revenues, will be distributed by the Higher Education Funding Council as of now, thus guaranteeing that the humanities are given their due weight. The second fund, also to be distributed by HEFC, will be dedicated to science research disciplines in which our universities are world class, or where the potential is there to reach that standard. This second fund will be ring-fenced. It will substitute for the research funding presently obtained from UK sources, which amount to £330 million per year. The fund will be created by selling Scotland's shares in RBS and Lloyds banks to which we are entitled. These shares total around £42 billion, and Scotland's share will release £3-4 billion to plug the research gap while a new income stream is created by involvement in the Scottish National Oil Corporation (set out later). It is on this base of world excellence that Scotland can become an even more outstanding centre for research and development in science. The universities which get funding will be charged with ensuring that as well as working with large, international companies, they will seek to enhance, through research, the performance of SMEs in the science and engineering sectors. ### The Need for Universities to Balance Research with Teaching Notwithstanding the importance of scientific research, as a general principle applicable to all subjects, there has to be a better balance between the role of the university as a teacher of students and as a resource for research. The present pressure for research as the decisive factor in funding is downgrading teaching. This is a legacy from the Thatcher years. Research is important, but, as The Times pointed out last November in a leader, so is the teaching of students, the generation after generation who must leave with the intellectual capacity to understand and respond to the challenges produced by a world still in the infancy of the technological revolution. Our society needs to rediscover a reverence for knowledge for its own sake. Our universities need to rediscover a mission to spread knowledge widely throughout society. Universities should not be used as social engineering mechanisms, or training schools for what business says it requires, but are, or should be, seats of learning and teaching. The restoration of that role is essential to creating a society capable of understanding the world in which we must live, and to having the lateral thinking and broad minds we need to respond successfully to the challenges and problems we will face. ### A Pre-University College For young people from the deprived areas, with the minimum of required Highers, who are now admitted to universities as part of the 'equality' policy, and who have a high chance of dropping out with devastating consequences for their self-worth, there will be a year-long course at a pre-university campus institution, where they can experience the transition to higher education, consolidate their academic achievements, and find their feet in an entirely different social environment, thus enabling them to enter the university that has offered a place, with a year of valuable experience already under their belts. They will be fully funded in that year by a grant. This institution will have very high standards and be run by a dedicated staff and principal drawn from the academic community, with links to the Open University Scotland which has an excellent record of teaching people from a variety of backgrounds. ### Jobs, Jobs, Jobs Those who think we should accept a pool of unemployment, should try swimming in it. Jobs. There are two ways to cut the welfare budget and release the money spent on it for other, productive purposes. The Tory way is to cut the benefits of the poor. Thatcher's government (lauded by Cameron) saw the destruction of jobs in communities, and now the victims, the under twenty-fives in particular have become the villains, as though they bear the guilt of economic problems and must be punished. A single mother and her child, because the former is under the age of 25, is singled out as undeserving if she does not work. Meantime, Alex Fergusson MSP, former Presiding Officer of the Scottish Parliament, will be in receipt of £40,000 a year gotten, not by the sweat of his brow, but because he owns land upon which stand wind Turbines. He is not alone. The Earl of Glasgow will receive £210,000 per annum, the Earl of Seafield £120,000, the Earl of Moray £300,000 and Sir Alastair Gordon-Cumming £435,000. These payments will be made over the 25-year lifetime of the wind turbines. A generous subsidy is paid by, among others, a single mother through her high cost energy bills. This benefit seems to draw no criticism. To those that have will be given is not a principle to be tolerated in a socialist Scotland. Changes to landownership and use (see below) will deal with this unearned income. The socialist way, the best way, is to create well-paid jobs in a drive for full employment. A pipedream will say the sceptics. Yet, the opposite of full employment is high unemployment. The Bank of England benchmark is 7%. That represents an enormous number of Scots permanently on the dole. That level of unemployment renders workers vulnerable to low wages and wage cuts. It need not be like that. Economic policy does not come from God sending it down like punitive bolts from cosmic space, well beyond our control to resist. It comes from policies made by human beings, and so other human beings can alter and reverse that policy. There are a number of ways of creating real jobs to give people work if a state is transformed from a neutral to a dynamic driver. ### 'Work' crying out to be done Look around any part of Scotland and you will see work crying out to be done. Take the deterioration of our tenement housing stock, where not only the walls but the roofs and closes need big repairs and upgrading. It is a long time ago that any programme of upgrading took place in our cities. Where community housing associations exist, the organisational and financial capabilities are there to tackle the 'work' needing to be done. Where the properties are in owner-occupier hands, it is a different matter – the deterioration continues. The funding of tenement improvements by central government 95% grants, with the balance drawn from the owners, would be a big stimulus to small private builders, and provide them with a sufficient volume of work to take on apprentices. Here is another example: we are told there must be a legacy from the Olympics and the Commonwealth Games. There is to be a super facility for elite athletes so that Scots can compete in future international events. Again no problem with selective elitism. But the number of elite is small. What about the rest who enjoy sports, and will benefit from better facilities? There are a number of excellent sports facilities available, but by no means everywhere, especially in the small towns where athletics clubs exist, but without good facilities, and in some cases none. That is 'work' crying out to be done. There are many other examples that could be given: community facilities in villages and small towns that have not been upgraded for years, land that is an eyesore in cities and towns, small flood prevention schemes vital to a few families but not big enough to be a local authority priority. We have communities that now own their land, and there is work needed to improve it. There are islands that would benefit from enhancement of the physical environment to attract tourism. ### Scottish Environmental Engineering Corps All of the above, and more, can be tackled by a new organisation, The Scottish Environmental Engineering Corps, modelled on the United States Army Corps of Engineers. That organisation, anchored in the disciplinary framework of the US army, has a remit to provide vital public engineering and design services to strengthen construction management, undertake specific beneficial projects, and energise the economy. Just what Scotland needs. On independence we will have a Scottish defence force. It will have people with considerable experience in organisation, logistics and management, combined with a wide range of technical and engineering skills, a history of recruiting in areas where the young have had serious disadvantages, and turning them, through its structures, into able young adults. The SEEC will part of the defence force. It will consist of regular SDF personnel, a cohort of civilian engineers and architects, and young people recruited from the areas of deprivation. In total it will be 15,000 strong. SEEC will carry out civic works for communities, giving its young recruits the experience of skilled work at proper apprenticeship and journeyman levels, in what they require – a life that is structured and disciplined, and above all rewarding both in money wages earned and self-esteem. Revenue and funding for the SEEC and its projects will come from the regular defence force budget. ### Housing Development Authority Scotland has 157,000 families on the waiting list for social housing. Waiting lists show just how short is the supply to meet this demand. In Glasgow the waiting list is 40,000, North Lanarkshire 15,905, Dundee 5,846, Edinburgh 25,548. The negative effect upon children and their education when living in poor housing conditions is a factor that cannot be overlooked when deciding that housing the people is a priority. Housing the people requires 25,000 new build social houses per year for ten years. Thirty-two local councils is a fractured structure, quite unable to meet the logistical and build-capacity this emergency demands. That need is for an organisation with power to acquire land and employ the manpower to build in partnership with the private construction sector on that land, and has the legal ability to by-pass local bureaucracy and the managerial capacity to allocate new housing fairly and collect the rents as a landlord. The Housing Development Authority is the answer. Initial revenue for the first two years funded by central government, and capital for building and future revenue until rentals flow, raised through housing development bonds with the housing stock and rental income standing as collateral. AAA stuff. These bonds are ideal for Islamic finance as the 'sukuk' involves investment that engages risk with the right to profit from success. Action by the Housing Development Authority will be a significant stimulus to the construction industry and its supply chain, creating thousands of jobs and real apprenticeships. ### Scottish Hospital Ship and International Rescue Service #### Scottish Overseas Service When this policy was discussed with some colleagues, many, not all, expressed the view that it would invite mockery and so prejudice any objective assessment of the other policies. That is a risk, but one taken for the purpose of refocusing what power we have from killing people to healing them. The idea was first mentioned by me at a Yes meeting in Edinburgh more than a year ago. The disaster in the Philippines and the role of aircraft carriers in rescue operations underline its good sense. For more generations than is comfortable to recall, Scottish servicemen have been at the forefront of the UK's projection of hard power. It was necessary in the 1939-45 war against Fascism, but before that it was often to advance or defend British imperialism. The sentimentality exhibited at any threat to the Scottish Regiments shows the Scottish mind still engaged with the idea of hard power. The new independent Scotland, if it wants to be influential in the international community, should be projecting soft power. Power that delivers humanitarian aid is preferable to power that delivers a bullet from a gun. Juxtaposed to that military tendency, there is a broad streak of idealism in the Scottish people, which makes them ready to respond to those in need or danger across the world. This policy gives expression to that tradition; it tells the world that we are committed to helping and healing and that we can take a weapon originally intended for war, and turn it into an instrument that is wholly peaceful. The policy is idealism in practice. If not swords into ploughshares, then a war ship into a peace ship. The Government in London has two aircraft carriers under construction. The Royal Navy needs only one. What to do with the other? Either it will be mothballed, or sold at an enormous discount to a foreign navy. As there has to be a division of assets upon independence, the new Scottish Government will take it. Not to equip is as a warship, but as an effective platform for the new Scottish Hospital and International Rescue Service, to deliver vital medical aid where there is none available to people, and humanitarian aid when natural disasters strike. The Scottish Overseas Service (SOS) will be open to young people from the age of sixteen to twenty drawn from right across the social strata. There will places for two hundred every year in the hospital ships. They will contribute to the work, and their experience of aiding people in poor conditions or acute distress will enable them to reach a better understanding of the issues that have to be tackled by us all in this world of humanity. #### The Robert Burns The converted aircraft carrier, The Robert Burns, will be modelled on the Africa Mercy Hospital Ship, but will provide medical care on a far larger scale. It will have a dual role. Its primary one will be to act as a hospital ship visiting areas in Africa and Asia, providing medical care for the poorest people, together with training for local healthcare workers. The Africa Mercy delivers healthcare to some of the world's poorest people, deprived of decent health services. This ship (16,500 tons) has five operating theatres, an 82-bed recovery ward, CT scanner, X-ray machines and a laboratory. It treats a wide range of problems including cleft lip and palate, cataract, burns, burns scars, general surgery, dental care, and eye operations. In one year it performed 3,300 surgical operations, 27,800 medical and eye consultations, 2,600 eye operations, and 34,700 dental procedures. It trained 12,600 in health care. It is involved in projects such as HIV/AIDS prevention, and the construction of wells and public health improvements. The Robert Burns will be staffed with trained doctors, dentists, nurses, auxiliaries, and be fully equipped as a hospital. It will be linked to the Scottish medical schools, and thus able to draw upon their expertise. For this role and its emergency humanitarian role, it will have a crew of around 2,500, plus the young SOS volunteers. Its other role will be to deliver aid to areas devastated by natural disasters. For that it will have stores of tents, blankets, water, medicines, rescue machinery, and will be manned by medical personnel and skilled emergency aid-workers, and run by experienced sailors commanded by senior officers. It will fly the Saltire to represent its service to save lives. The total personnel of the service will be around 5,000. Its headquarters and personnel accommodation will be at Faslane, where it will have relief crews and training programmes. It will be a uniformed service. The expected annual running costs of a new carrier put into commission as a warship by the Royal Navy is £44 million (source: Navy Matters) including refits. As a Hospital ship, the running costs will be lower than that – around £35 million per year. Funding for the service will come from the overseas aid budget. At present, Scotland contributes around £1.1 billion to the UK aid budget. This sum will be repatriated upon independence. If this policy, as some fear, invites mockery, so be it. But those who mock should, perhaps, consider whether they have the right target. Is it not a matter for mockery that the people who have ordered this ship don't want it, and have no idea of what to do with it? What is there to mock in a policy that takes a large redundant ship, and turns it into a hospital for the poorest of the poor? Africa and Asia are not the only parts of the world in which poor people require medical care, or help when natural disasters strike. The Caribbean is another area, with Haiti an example. A new hospital ship of 16,500 tons, similar to the Africa Mercy, will be built for work in that region, in the Clyde yards. ### The Oil Industry #### To miss the Oil bonus once was folly, to miss it twice would be criminal stupidity A radical overhaul of the North Sea Oil industry can deliver a £200 billion injection to the economy over the next 20 years Sir Ian Wood's review report Scotland is the only developed nation where oil was discovered and grew poorer. Scots have the unique distinction of being the only nation where its discovery is seen as a problem and not a bonus. Oil wealth will flow from Scottish waters for at least the next 40 years. Knowledge about the industry and its true wealth has been locked away from the Scots in a prison of lies. The international community know the truth. As Martyn Tulloch and Gordon Wilson pointed out in a detailed paper, the 27th Licensing Round in 2012 produced 224 applications, the highest number ever. Initial offers for 167 production licenses were made. Twelve new companies entered the business, and twelve operators alone committed £31.5 billion to new developments. There is some £1.5 trillion of wealth still in the North Sea. So far, forty-one billion barrels have been extracted and another twenty-one billion are still to be had (source: Sir Ian Wood). The oil and gas industry is not just a system from which fossil fuel flows. It is a resource upon which other economic activities can be built, especially in technology development, and onshore jobs could be spread more widely throughout Scotland. ### A Scottish National Oil Corporation If oil wealth is to make a significant mark upon the inherited debt, then the take from it has to be greater than what comes from taxes. To date the debate about oil has been based on the present tax take. That is not appropriate for an independent country. We have to look at the oil issue with different eyes. It is too late to do a Norway, but not too late to use sovereign power to assert the national interest in a more robust way. There will be a new North Sea National Interest Act. It will create a Scottish National Oil Corporation. The Act will give SNOC the right to a stake of 10% in the production and profit from each company operating under licences up to the and including the 27th Round. Thereafter, in any future Round, the stake will be 15%. This is a modest call compared to the policies that operate internationally. Denmark gets a 20% stake in each new licensed project. The Corporation will hold the shares on its books. The Higher Education Funding Council will hold 30% of the shares in SNOC, and be entitled to the dividends, thus giving them a role in the Corporation and an income stream to enhance research. SNOC will offer 30% of its share value to Scottish institutional investors, and if they fail to take up the whole amount allocated, it will float the rest on international stock markets. SNOC will retain the balance. The Act will prevent HEFC selling its shares other than to SNOC, and the latter will be prevented from disposing of shares to the private sector beyond the 30%. The Corporation will be run on commercial lines, and its share of distributed profit will be paid to the Scottish Government, for general policy purposes and to reduce fuel duty (see below). In addition to acting as above, the Corporation will have the power, through the issue of oil bonds, to buy into companies operating in the North Sea, including the ability to buy one of the medium sized companies. In doing so, it will be acting no differently from any other business. Again, Islamic finance through the 'sukuk' system is an ideal method: investment with excellent prospects of return on success. The Scottish Government cannot maximize its power over oil without there being wide knowledge about the industry among the people. Scots have little understanding of the industry compared, for example, to the general knowledge that existed in the past about shipbuilding, steel and mining. The new Oil Corporation will not only act as an instrument of national interest, but its existence, and reports from it, will open a 'window' to greater understanding by government and people. ### The Second Bonus #### Scottish North Sea Oil Directorate In the debate over the value of Scottish oil, not enough attention has been paid to the opportunity arising from the decommissioning of rigs which, properly handled, offers a better balancing of the economy based on engineering and at advanced levels. Oil & Gas UK, the offshore industry's organisation, reports that decommissioning of rigs offers work valued at £10.3 billion over the next decade, and a total of £28.7 billion by 2040. To ensure that Scots get their proper share of this work, a Scottish North Sea Oil Directorate will be established by law, with powers to direct oil and gas companies operating rigs in Scottish waters, which they intend to decommission, to carry out that work in designated island and mainland locations where capacity exists. Where additional capacity is needed the Scottish Government will assist the private sector in creating it, and will provide training grants to ensure there is a workforce able to undertake this work. ### Public Utilities That utilities essential to individual lives and the national economy, like electricity, gas, railways, airports and postal services, should be in foreign ownership raises questions about a possible conflict between their commercial interests and the national interest. As these private companies obtained their positions legitimately in law, and as the rule of law has to be respected in a parliamentary democracy, we cannot confiscate their property, nor is there any prospect on cost grounds alone for wholesale nationalisation. That does not mean that an independent Scotland must endure the status quo – the legacy of Thatcherism from our days as an impotent part of the UK. There are things that can be done to protect the public interest. New laws which, whilst not removing the utility companies' rights of ownership, can modify their power. ### Airports and Aviation With the exception of Prestwick, Inverness, Dundee and outlying islands, Scotland's major airports at Aberdeen, Edinburgh and Glasgow are in private hands. These latter three in particular are a strategic resource whose management and development is crucial to economic success. A socialist government could not possibly allow them to make decisions about development only in the interests of the companies who own them. Glasgow and Aberdeen are owned by the company that owns Heathrow, and that company in turn is owned by a consortium in which Qatar, Singapore and China have substantial shareholdings. Global Infrastructure Partner, a transnational, owns Edinburgh along with Gatwick and London City. The two companies, it will be noted, have a commercial interest in feeding passengers from Aberdeen, Edinburgh and Glasgow into their London assets for long haul flights. A marked feature of Scotland is the relatively few long-haul flights from the two central Scotland airports. It is not only passengers affected by the lack of longhaul flights. As Iain Lawson has pointed out in a paper for Options for Scotland: 'Air cargo is also an important consideration... Scotland is particularly weak in this area due to the lack of European and Worldwide destinations... Recent figures showed that while Scotland exported around £500 million worth of whisky last year, England exported over £2.4 billion of whisky as most of it left from ports and airports' located there. It is a fair question to ask, given the weight of the London airports in the portfolio of the owners of Glasgow, Aberdeen and Edinburgh, whether there is within those companies the kind of imperative to gain the long-haul direct flights that Scotland's tourist and other businesses need in an age when air travel is so vital. These are big companies, money is not available to buy into them to the extent of gaining access as of right at board level, or of a takeover. Given that independence gifts a Scottish Government with power over aviation policy, a socialist answer to how the public interest is inserted, within the limits above, is to impose licence conditions for their continued operation. The licence would set out conditions which would include policies to prioritise the securing of more direct long-haul destinations. It is important to recognise that airports are run as purely commercial undertakings when, in fact, they are a public service and a tool of economic policy. This is no small matter. The informative paper by Iain Lawson shows that '50% of foreign holiday visitors to Scotland travel no further than Glasgow and Edinburgh... as they need to return south to catch their return flights.' According to Visit Scotland overseas tourism accounts for 35% of total tourist spend. There should be, and would be, more tourists if direct flights were available. As it is, for example, the majority of US visitors land in England and never leave it, because of the extra expense in coming up here. ### Air Passenger Duty Westminster policy on APD sees band A (0-2000 miles) rise to £26 from April, band B (2001-4000 miles) to £138, and Band C to £170 (4001-6000 miles). APD will be abolished. At first sight that policy would appear to reduce the Scottish government's revenues by £230 million, but not necessarily so. PwC research published in February 2013 found that cutting or abolishing APD would result a) in a significant increase in UK GDP and b) in an increase in revenues for the treasury from other taxes as a result of economic stimulus – actually paying for itself. Abolition in Scotland should assist the tourist industry and business. However, although this will help direct short-haul and some direct long-haul passengers flying from Scottish airports, it will not relieve Scots from APD completely, as they will be charged by the Westminster government if feeding into London for long-haul flights to, for example, China. As revealed by the PwC research, getting more direct long-haul flights from areas we draw upon for tourism, and for our business travellers seeking new markets in Asia, is a critical issue lying at the heart of Scottish aviation policy. ### Fuel Duty The present level of fuel duty is a burden on business and a drag on growth. That is especially so in a country like Scotland with sparse population areas in the Highlands, and a number of island communities. Fuel duty will be cut. That will help growth in general, and be of substantial assistance to the tourist industry. Policy on fuel duty at UK level cannot, and does not, take account of Scotland's geography. UK policy has been punitive, one of its ironic features being that the nearer one gets to the oil fields, the dearer petrol becomes. Fuel duty comes in two forms – a straight tax of 57.9p and VAT at 22.215p per litre, making a total tax of 80.1p, bringing a litre, once other real costs are factored in, to 132.9p. Fuel duty reduction will be from 57.9p to 42p per litre. That will bring the total cost per litre to:- Duty | 42p ---|--- Product | 47.8p Retail | 5p | 94.8p VAT 18% | 17.06 Total | 111.86p | (a reduction of 21.06p per litre). ### Electricity & Gas Companies There are three ways to assert the public interest: changes to shareholding, corporate governance, and how companies sell their products. Shares and corporate governance. Regulators, tough ones, have an important role in guarding the public interest. We need to reinforce that interest. A new Energy Law will come into force within six months of independence. This will enable the Scottish Government to take a 15% stake in the shares of electricity and gas companies, and nominate a 'public interest director' to each company board. The new Act will alter company law. All directors will have a duty to the public interest, and this will come before any duty to shareholders. The products. What the population needs, especially the elderly and sick, is guaranteed heat in their homes at prices they can afford. Business too cannot afford to be ripped off. The new law will require two levels of charges, a basic one at reasonable cost to the consumers, set by the Regulator, with calculations based on a lower rate of return than the companies seek at present, and a higher one, also set by the Regulator, where a higher return can be agreed. The Regulator will ensure that the basic charge enables low income households to avoid a choice between heating and eating. The ideal would be to take these companies into public ownership, but there are other areas where the use of financial instruments is of a higher priority. The treble whammy of Regulator, shareholding and public interest assertion at board level should bring their operations nearer to what is required. Objective judgment of the policy will reveal that it is quite radical. The negotiations on the basic charge will be complicated by the existence of the wind and wave energy projects, constantly extolled as the great way forward by scottish ministers, but which impose considerable costs in their present stage of development. ### Resource Management of Renewables & Fracking Present energy policy is an expensive mess. It is logical to subsidise an infant industry to get it on its feet, but how long the infancy and how well households and business are able to pay the subsidy is the matter on which judgment is required. Anxiety about climate change, stoked by lobby groups with a vested interest, has meant little critical analysis of the claims for renewables by the people who pay the subsidies – the consumers – confronted as they are by a barrage of propaganda and acronyms that create confusion about the true nature of the issues and consequences. One of the tricks when giving information on wind turbines is to cite capacity 'able to light so many thousands of homes.' But as wind turbines can only produce around 28% of capacity because the wind either doesn't blow or blows too hard for the turbines to operate, lots of those homes would in reality be in the dark. Wind and wave power are free, but turning them into electricity and delivering it to households and business is far from free. Whereas wholesale energy is priced from conventional sources at £50/MWh, onshore wind is £94/MWh and off-shore wind rise to £140-180 MWh. Wave and tidal come in at £350-400MWh and £200-300 MWh respectively (source Dept. Energy & Climate Change). Targets of 100% national production through renewables requires large sustained subsidies, extremely expensive electricity, with serious implications for households and businesses who have to shoulder the financial burden. The people cannot afford those costs, and neither can business which, faced with the highest green costs compared to eleven major industrial countries, will lose competitiveness and shed jobs. Germany is a warning. This year it will pay 20 billion euros for wind, solar and biomass power, of which 17 billion euros is subsidy. Big German companies are now investing in the USA because of high power costs at home. World Wildlife Scotland state: 'Scotland has an opportunity to continue to define itself as a renewables-first, climate-friendly nation.' The cost for such is nowhere mentioned, nor recognition that fuel poverty will increase as renewable development spreads, requiring large subsidies to continue from consumer pockets. Pressure groups now exercise considerable influence over governments, but they lack one important characteristic – they have no responsibility for the consequences of what they argue for. Scotland's estimated onshore wind resource is 25% of that available to the EU as a whole. Offshore wave resource is 10% of the EU's resource. That is potentially a great advantage, especially in the export of power through interconnection not only with England, but countries in Western Europe. If, however, people are to heat their homes in this northern climate and business is not to be crippled by the cost of electricity, there has to be an objective reassessment about the scale to which Scotland becomes committed to a policy of total reliance on renewables. Given the advantage, subsidy to wind and wave is unavoidable, but that raises the question of how it is to be continued without its high costs being placed on households and business. The way forward is a mix of what are regarded as conventional sources: coal, gas and nuclear. Gas is crucial, and it is estimated that Scotland is sitting on huge reserves of shale gas, which can be extracted by the fracking system, which is not a new one. Opponents of fracking can be ignored. They have already engaged in the usual scaremongering, with one anti-fracking web site showing areas being covered in skull & cross bones. That is not science, ignores the wide experience of fracking, and would deprive Scotland of a rich, long term source of very cheap energy, from which crosssubsidisation of renewables could be done without crushing the incomes of people, and damaging business. ### A Renewable & On-shore Energy Corporation There is, unfortunately, no public management and skill base that would allow the successful nationalisation of the renewables industry and its many players. To ensure the build-up of that expertise, the Scottish Government will create a Renewable & On-shore Energy Corporation. It will have the ability to take shares in companies engaged in renewables and shale gas exploitation, and use its position to work with universities to advance research, design, innovation, and manufacturing capacity. The Corporation will work with the SME sector as a new industry is born. ### Land Ownership and Land Value Tax #### Is it really Scotland's soil? The pattern of land ownership has history. The poor had no lawyers, and so the land was 'stolen' legally by those who made the laws, and had the lawyers to assist them. Land is power in rural areas. Power over the local economy, and so, directly or indirectly, over people. The Landowners Association claims that in the great estates, the land is well managed and contributes significantly to the local and national economies. There has been no effective test of these claims. No test as to whether foreign ownership of estates adds or detracts from the potential of the land for public good. That the present basis of landownership benefits large Scottish landowners and foreign owners is indisputable, considering that a large number use trusts and other opaque instruments for tax purposes, to suit the beneficiaries. The Duke of Buccleuch does not own Buccleuch Estates, nor does the Queen own Balmoral. In the case of the Duke, the legal ownership is vested in a dormant company Anderson Strathearn Nominees Ltd, with four shareholders, none of whom is a Buccleuch. In the case of the Queen, Balmoral, where she resides in a private capacity, is legally owned by trustees. Other landowners have a more complex set of legal 'veils' making it difficult to identify who really owns the land. Land ownership land use and taxation are intertwined. (source: Andy Wightman 'The Poor Had no Lawyers'). It is not possible for a socialist government to allow the 'something for nothing' substantial financial gains to landowners from hosting wind turbines on their land. The payments they receive, it is necessary to repeat, are from subsidies paid for by consumers, among whom are the elderly, the disabled and low paid workers. Compensation for nationalising the land on which the turbines stand, probably required under human rights legislation, would be costly as the land could no longer be classified as agriculture alone. The remedy must, therefore, lie in taxation. The tax law will be amended to include a new category: exceptional unearned income, which will be taxed at 90%. ### Land & Forestry Commission There will be a New Land & Forestry Act. Its purpose will be to ensure that Scots know who owns Scotland, and can be certain that land and associated resources are used for the economic and social benefit of the nation. It is a serious question whether with 55% of nonpublic forests owned by absentees, the prime purpose of these owners is to bring economic benefit to the nation, as distinct from tax avoidance benefit to them. John Clegg and Co., expert advisers on estate and financial planning, inform potential clients that woodland ownership offers a number of tax-efficient benefits. They list them as Business Asset Relief from Inheritance Tax, exemption of increased value in timber from Capital Gains Tax, Capital Gains Roll Over Relief and the fact that 'income generated from the sale of timber from the ownership of commercial woodlands is exempt from both income and corporation tax'. The new Act will create a Land & Forestry Commission with substantial powers. It will be required to objectively test whether the present landownership and practices, including ownership of forests, are economically and socially beneficial to the nation as a whole, with particular reference to why a great deal of Scottish land, which is on the same latitudes as parts of northern Norway, is much less productive and creates fewer jobs in viable communities. The commission will bring up to date and make transparent a complete register of land and forest ownership, which will include beneficiaries of any trust or other legal instrument, and it will test whether there is actually valid legal title to land claimed. It is not always certain that a claim is backed by title, as was the case of The Black Cuillin of Skye, where MacLeod of MacLeod made a claim on its whole ownership but could not prove title. Tenant farmers will have a right to buy to buy their farms at a fair price, thus helping to create a more diverse landownership, and dispersion of power. The new Act will set out to end Scotland's role in land and forestry as a tax-break haven for wealthy foreigners. After 2016, any foreign person who seeks to buy an estate, agricultural land, or forestry, will be required to have been resident in Scotland for three full years. The 'three year' rule is to ensure that there is a proven commitment to Scotland through the productive development of the land, rather than as now when we see land purchased as a trophy or a tax dodge. Present foreign ownership of estates, agricultural land and forestry, where the beneficiary is a foreign non-resident, will have that ownership converted to 99-year leases. Present holders of land will be free to sell leases, but not ownership of the land which will be vested in the Scottish Government. ### Head of State The people will decide, when creating a written constitution, whether the Windsors will continue to provide Scotland's Head of State. If Scots opt for the Windsors, it is necessary to point out that the present Queen and successors, cannot hold the same position she does today, as the sovereign. Independence makes the people sovereign, and there cannot be another. Therefore the Head of State, if a Windsor, will have a purely ceremonial role, and in all other respects will be a private citizen. To give effect to this logic policy, the Crown Private Estates Act 1862, which gives special privileges to a sovereign, will be repealed, as will related statutes. As the Head of State will not be a sovereign, arrangements will cease that enable avoidance of inheritance tax (on the basis that bequests from sovereign to sovereign are free from it). A Windsor as head of state will be regarded as a private person in respect of Balmoral and other extensive landholdings (61,000 acres), and subject to all laws applying to all persons. ### Time for Land to Pay its Due #### Land Value Tax LVT is a fairer tax than those imposed at present upon houses and businesses. Council tax and business rates will be abolished, and replaced by LVT. Households and businesses will pay only on the rental value of the land their properties stand on. This change will benefit between 75-80% of those paying council tax today. At present owners of large areas of land, agricultural land, sporting estates, forestry, vacant urban land, pay nothing. That will change with LVT: 4,438,000 hectares of agricultural land, 1,799,783hectares of sporting estates, 1,342,000 hectares of forestry, 2,630 hectares of vacant urban land, will all pay tax for the first time. LVT levied at 3.16% will see agriculture pay 15.1%, Sporting Estates 0.15%, Forestry 1.12%, vacant urban land 1.37% of the total public revenue from LVT. The effect on household liabilities is redistributive: | Council Tax £ | Land Value Tax £ | +/-% ---|---|---|--- Band A | 766 | 513 | -32.9 Band B | 894 | 636 | -28.8 Band C | 1,021 | 820 | -20 Band G | 1,915 | 3,261 | +69.7 (source: Wightman: Paper for Scottish Green Party). Public expenditure on infrastructure raises the value of adjacent land with no return to the community. As Churchill in his Liberal days said, the landowner sits, does nothing, but reaps a dividend. It can be a considerable dividend. In London the £3.5 billion public investment improving transport infrastructure caused a £13.5 billion increase in land values along its route. In Scotland, the status of the Cairngorms National Park raised land values there. The Borders railway, offering quicker access to Edinburgh and the onward rail network, will do the same. ### Jobs, Contracts and Wages The measures outlined here aim to create jobs and move Scotland to full employment. But the creation of jobs per se, is not enough. Jobs with high wages are needed. Working tax credits and any replacement will be phased out over five years. These are spun as subsidies to people in work whose wages are low. They are, in fact, a direct subsidy to employers who have no incentive to improve wage levels. Low wages, subsidies from taxpayers, is a formula for a low wage economy. That this truth should pass by the present Labour leadership is an indication of how Blairite New Labour has destroyed the intellectual foundation of that party. Milliband is offering a tax cut to employers if they will pay workers the living wage. That pathetic suggestion is an example of what happens when a left-wing party loses its ideological compass. The minimum wage will be replaced by a 'living wage' in the public sector immediately a socialist government is installed, and upgraded to a 'living wage' in the private sector as working tax credits are phased out. That 'living wage' will be raised in line with inflation, plus 1% in the first two years, and by 2% from years three to five in the phasing out of working tax credits. It cannot be over emphasised that if Scotland is to flourish in the global community, it cannot be as a low-wage, low-productivity, low-skilled, part-time labour force nation. The public policy outlined above is designed to drive up the international quality of our business base, which will require appropriate levels of sustained investment, all of which are a precursor to higher wages paid to people. It can be anticipated that this policy will produce assertions that the rise in employer costs will mean fewer jobs, as employers struggle to pay. It is interesting to note that the same argument about the negative effect on business of improved worker conditions was prayed in aid when, in the nineteenth century, it was decided to cut the hours of ten-year-olds in factories down to 10 hours per day. Lo and behold, the industrial revolution and employer profit were not affected. ### Contracts Will Favour the Worker Contracts of employment are often misunderstood as being in some special category. They are like any other commercial contract, in that an agreement is signed to exchange money, not for goods, but for labour. Where they are different is that labour is in the weak position of having to sign whether the person so doing is happy with the contract, because of the need for a job. This is especially the case in times of high unemployment. The contract was of no use to the Grangemouth workers. It was torn up by the management. Zero-hours contracts illustrate this. People desperate for work have very little choice. They are treated not as human beings, but as a commodity, as a shopper would treat a can of beans on a supermarket shelf, to be picked up or left on a 'shelf' as an employer pleases. This is exploitation of a human being, and it will be a criminal offence to offer a contract of less than 16 hours per week. All contracts of employment will have a clause, assuring the worker that he or she can join a trade union of their choice. It will be a criminal offence, not a civil offence, if an employer places any pressure on workers to ignore their rights as set out in the contract. In addition to any criminal penalties, compensation will be paid, through the Industrial Tribunal system for any worker sacked for seeking trade union membership, engaging in recruiting new members, or engaging in trade union activities. ### A More Just and Equal Society If there is no control over incomes in a society where the workers are weak, then gross inequality develops. This has been the case for Scotland as part of the UK. As we have seen in banks, big business, the BBC, and local government, the top management, which can reward itself, does so without any display of conscience The poorest tenth in Scotland own 2% of total income. The second poorest tenth own 4%. The richest tenth own 29%. The second richest tenth own 15%. The richest tenth's income is equal to all those on the bottom five tenths. The gap between the rich and the rest has been growing. Steps will be taken to adjust to a more equal society through taxation and other policies. In the public sector, there will be a statutory rule that the highest paid person in the organisation will not be paid thirteen times more than the wages of the lowest paid worker. That will be phased in over 5 years. Bonus payments in the public sector will cease. There is no justification for senior officials getting a bonus for doing the jobs they are paid for. These policies should have a salutary effect upon restoring the concept of public service, something that many at the top seem to have forgotten. The 'living wage' will become mandatory in the private sector five years after independence, thus giving employers time to adjust their business plans. ### Payday Loans Ideally pay-day loan companies should be banned. However, within Europe and beyond, finance knows no boundaries. Nothing, for example, could stop a person in Scotland contracting a pay-day loan from a company in England. But a socialist government would not be powerless. These companies can be curbed, by capping the level of interest. A cap equal to three times the average interest charged on a credit card would seem reasonable, given the higher degree of risk involved. This is, of course, advocacy of interfering with the free market. As Wayne A.M.Visser and Alastair McIntosh pointed out in a paper on usury, Adam Smith, yes he himself, was 'in favour of the imposition of an interestrate ceiling.' ### A Policy for Small Business & international Trade 'Micro, small and medium-sized enterprises are the engine of the European economy... an essential source of jobs, create entrepreneurial spirit and innovation.' European Commission SMEs are defined as 10-250 employees. Lip service, echoing the European Commission, is often paid to them. Modifications to general business policies in their favour come forward from time to time, but there has not been a policy that seeks to drive this business community forward and up the value chain in a dynamic way. Access to capital and credit can be a considerable barrier to the creation or expansion of an SME. Often, a small company exists when someone has taken a risk with their own money and built the company with hard work and very low personal returns in the early stages. We need more people to take this risk. SMEs do not threaten the national or local economy. They are part of it, and their contribution must not only be valued, but encouraged to continue with government policy tailored to spread the SME net wider, and ensure that the risk taken is not punished when success comes. Innovation is one of the key factors in SMEs developing and becoming successful. That often requires reinvestment of profits, especially over the early years of a new project. Encouragement of innovation and job creation lies at the heart of this programme's SME policy. For the SME sector throughout Scotland, there will be no capital gains tax. Employer national insurance will be reduced by 50%. Access to finance will be through an SME publicly owned bank, and Land Value Tax will remove the penalties inherent in the present business tax system. Big companies in both the domestic and international markets can look after themselves. That is not always the case for the smaller companies in respect of efforts to trade abroad, and access capital and credit at home. This programme has set out how the state will create jobs. That will not be enough in a drive towards full employment. It is to the 339,110 SMEs (2012 fig.), employing 1.09 million people, that we must look for jobs at levels the economy and our people require. The SMEs account for 54.5% of private sector employment and 37.7% of private sector turnover. Their development is essential in the creation of more jobs. So, helping them within the framework of employment protection as set out previously is a matter of national priority. Some in the SME sector will wonder at these comments, given this is a socialist programme, where great emphasis is laid on protecting and empowering workers. But as was set out very early in the text, socialism cannot be a dogma, or be blind to the realities that capital comes in many forms, and that the SME sector is in a different class of capital from the multi-nationals – that it forms part of the community and serves the community as well as the persons who invested in it. ### An SME Bank As events since 2007 have proved, what hampers the development of the SME sector, is its low priority in that normal source of capital and credit finance – the Banks. If a society is serious about the importance of the SMES, then it will take action to meet their needs. The Scottish Socialist Government will create an SME Bank. It will act on the principle that credit unions use: people contribute to its capital formation as a condition for drawing credit. The SME Bank will be funded initially by the Government, which will inject capital and appoint one-third of the Board, and by a special levy at a percentage of turnover from each SME for two years running, and a lower percentage in subsequent years. The Federation of Small Business will nominate from its membership to the Board, and they will fill one-third. The final third of the Board will be drawn from local government and public enterprises. The Bank's function will be to manage credit to the SME sector. The remuneration of top management will be on the 13-1 ratio as for all other public sector organisations. ### An SME Ministry This will be at cabinet rank. This Ministry will ensure that all government policy assists, and does no harm, to the development of the public goal of a successful and prosperous SME sector. It will have specific responsibility to ensure that the necessary training, back-up, research, logistical and financial assistance is available to SMEs through a major state-funded programme that takes them into foreign markets. It is difficult for SMEs seeking for the first time to step into a foreign country to export products or services. There has to be market research, visits where the culture and business practices differ from ours, and repeat visits where contacts need to be built over time, which is expensive in cash and time. At home the SME sector will get priority. R&D is an SME weakness. The new Ministry will have a new role to play in assisting the SME sector, through liaison with Universities, to address this problem. A successful policy of support for the 339,000 SMEs would see, with even half of them employing two more persons, a substantial creation of jobs. ### Train Operating Companies Kevin Lindsay of ASLEF has pointed the way in the Red Paper on Scotland 2014. Simply wait until the TOC franchise runs out, and take it into public ownership at no cost. That will be the policy. During the continuing franchise, given the importance of rail as part of the economic infrastructure, the Government will appoint public interest directors to the Board of the train operating company. ### The Post Office This has to be treated differently. Confiscation of private companies is held to be offensive, an outrage against private right. Confiscation of public property, however, seems to invite no condemnation. The Royal Mail is a classic example of the latter. It was owned by the people, yet 70% was confiscated. Royal Mail not only delivers mail, but owns a large number of valuable properties that, if action is not taken, will be sold well above the notional value in the privatisation prospectus. Taking back what was ours is the policy. The Scottish Post Office will be renationalised. Shares will be swapped for non-interest bearing bonds, maturing for payment in five years. ### Taxation There is a combination of principles and necessity in taxation. Income tax is progressive and redistributive, but that base alone cannot meet government expenditure. Indirect taxes, regressive though they may be, are part of a required tax base. Income tax: the higher rate will rise to 55% on incomes over £150,000. No one earning less than £12,000 will pay income tax. Vat: 20% rate will be lowered to 18%, but raised to 30% on luxury goods. Corporation tax: there will be no reduction in the rate of 20% (2015) for large companies, but lowered to 15% for SMEs. Multinationals have tied governments in knots, using diverse structures and tax havens. Government agreement to an international rule will fail. Vested interests and powerful lobbies will see to that. EU law, which applies throughout the European Economic Area, allows multinationals to choose a low tax base location in which to declare profits. This enables them to pay a very low tax on profits in a country in which the profits were not earned. The TUC has pointed out that every 47p of any £1 spent on bananas in a UK supermarket, ends up in a tax haven. The EU/ EEA situation rules out taxing them on the basis of their sales in Scotland. That sovereign governments should be in this position where the Amazons and Starbucks can pay next to nothing while claiming, correctly, that they are not breaking any laws, makes a mockery of the democratic mandate. The multinationals who engage in tax dodging are breaking the normal rules of society that are, in the words of the TUC, 'fundamental to civilised life – no tax income, no government, no society.' But, bearing in mind the Nye Bevan dictum to think and act audaciously, sovereign power can be used to get what society deserves. If taxation is impossible, licensing is not. Any multi-national operating in Scotland will be required to have a licence to trade. It is obvious the licence cannot be based on a company's sales or notional profits. That would be a poorly disguised tax, and fall foul of EU/EEA law. No, the licence will be based on a variety of objective factors that arise from the public benefits the company gets, which are disproportionate to what it pays in land value tax. What will determine the licence fee is the location and size of properties, their function, number of employees, employee use of public transport, employee use of private transport, employee use of health services, the companies' heavy vehicle use of roads, water, electricity, gas, and protection from the law enforcement agencies. ### The Welfare State The welfare state has been under severe attack. It is an irony that politicians who support the market-based system that destroyed the manufacturing base, creating great pools of human misery, should blame the victims for their condition. It is perhaps not surprising that it was from a New Labour mouth that the scornful 'something for nothing' gibe was directed at those who are protected by the welfare state. It isn't a financial whip on the backs of the poor, single mothers, the disabled, that will successfully reduce the welfare bill. It is good paying jobs and a superb educational foundation for each child that will accomplish that. Work that pays good wages is what will make it worthwhile to get into work. There will be no dismantling of the welfare state or universal benefits in a socialist Scotland. The intellectual underpinning for that policy is to be found in the publications by the Jimmy Reid Foundation. Social Security Benefits. There will never be a bedroom tax. The disabled and sick will be treated with respect, and cuts imposed on them will be restored. There will be no more humiliation of disabled people in front of tribunals whose purpose is to cut expenditure, not care for those who need our understanding, compassion and help. The complexities of the Tory Government's Job Seekers Allowances, which claims to assist people into work where, however, no work exists, will be scrapped. It will be replaced by unemployment benefit. For those who have no national insurance contributions it will be doubled. For those who have been in work for two years, and have made insurance contributions, the rate will be 75% of their last annual wage for two years, with the right to retraining paid for by the state, reducing to 60% of their annual wage in the next two years, and 50% of the annual wage in all subsequent years. They will be expected to pay national insurance contributions from the unemployment benefit. This policy, for individuals, will ensure that there is no dramatic drop in living standards when a job is lost, and in the national interest no dramatic drop in the cash for spending in local economies. State Pension. There is one outstanding fact in the pensions debate that is ignored: the only organisation that can guarantee a pension in retirement is the state, which has the necessary powers to do so. Some 17% of Scottish single male pensioners, and 18% of single female pensioners are living in poverty. A number entitled to pension credit do not claim. For some the means test is obnoxious. There is no other way to end pensioner poverty except by paying a pension that takes them out of it. The basic pension today is £110.15 per week, £5,727 a year. The proposed £144 per week will, in effect, taking inflation into account, be £155 in 2016. That will not take pensioners out of poverty, nor will a pension of £160 per week. A socialist government will raise the basic state pension to the level that will take all pensioners out of poverty with a state pension of £178 per week. As the state pension is a taxable income, part of that increase will be taken back into the Scottish Finance Ministry, but the level ensures that no pensioner will live in poverty. This increase will be funded by lifting the ceiling on national insurance contributions, increased income tax on the rich, VAT at 30% on luxury goods, and general taxation. The Unionists will cry 'look at the demographics'. Leaving aside the little matter that they seem unconcerned or unable to deal with the growing gap between the rich and poor, and the level of poverty among pensioners, the error they fall into is to see the economy as a static thing – the same 'cake' simply divided differently, with an increase in one state payment meaning a consequent cut in another area of expenditure. That is the case in devolution, where there is a bloc grant to be distributed. It is not the case with independence, where the opportunity arises to grow the economy and make that 'cake' (GDP and state revenues) much bigger, and therefore better able to meet essential social spend such as state pensions. There have been so many declared wars on poverty it is amazing that there is any left... but there is – lots of it – and the reason is that what can be done to eradicate it has not been done. Bus pass. The free bus pass will no longer apply to those aged between 60 and 64. This will not save a great deal, £10 million a year, but you can do a lot with that elsewhere. As explained in relation to funding for Sistema. Winter fuel allowance. For those who qualify and live alone, an increase from £200 to £300. For the overeighties increased from £300 to £400. This allowance, like the state pension, will be taxable. That deals with the issue of people getting it whose income level shows they do not need it, while guaranteeing that those who do need it, get it. Women and legal aid. The provision of free nursery education will be a benefit to mothers working or seeking work, as will the upgrading of the minimum and living wages, and laws on hours offered in a contract. Women facing domestic violence need adequate legal advice. The legal aid fund will be divided between a general fund, and a domestic violence fund. The latter will be a generous fund with rules that will guarantee no woman subjected to domestic violence goes without legal advice. ### The NHS So far, with Holyrood control of the NHS it is not subject to the privatisation now taking place in England where market forces have been unleashed, and advisors to companies are boasting of £6 billion available for private bidding. However, if we remain with devolution, even one where some tax-raising powers are operative, there will still be a bloc grant required from the Westminster government. As the crunch of cuts descends after the 2015 election, the Scottish Government's finances will be cut in real terms. There will then be pressure to go down the English road.The maintenance of the NHS as a public service is paramount. There are three key facts about the NHS: (1) its singular purpose is to heal the sick and injured; no other health provider can say the same; (2) the public sector ethos that its staff provides is a value beyond calculation; (3) notwithstanding the public sector ethos, the NHS is a monopoly provider, and, therefore, has a tendency to spawn self-serving bureaucracies. While a firm commitment can be given to support the NHS as a government priority, no public monopoly can sensibly be ring-fenced. Consistent and stringent audit examinations will be carried out. A particular welcome is given to the decision of the SNP Government to have seven-day working in hospitals. PFI. The NHS was taken to the cleaners when the PFI contracts were negotiated, due largely to the inexperience of those on the public side. These PFI contracts are a serious drain on the NHS (and education) budget. Between 2013-14 and 2041, the Scottish public sector will pay out to PFI/PPP providers £24.2467 billion. The aim will be to renegotiate each one, reducing payments substantially by at least 30%. If the PFI providers refuse to renegotiate, they will be subject to a yearly excess-profits tax. The NHS had poor lawyers last time in terms of experience, but not this time. The people's power in backing a socialist government will see that power used legally in the public interest. ### Conclusion Not only has Scotland's people been kept in a prison of lies about the oil wealth, they have had their self-belief consistently attacked through the creation of the idea that they are inadequate. It was no accident that the No side described their campaign as 'Project Fear'. On every count, on every policy, the No campaign would have Scots believe they are tragically unique: that they alone in this world are incapable of running their own country, and must hand over themselves as permanent supplicants to control by another nation. No campaigners frequently claim that Scotland is part of the most successful union the world has seen. If measured by its imperial reach in the past, that is true. But the UK has not been a success for more than half a century, as it retreated from empire. Economic crisis after economic crisis has been the sorry tale from 1945 onwards. The so-called Thatcher revolution led to the crisis of deindustrialisation, the unleashing of greed in the financial sector, and ultimately to the shambles that was the Major-Blair-Brown years. A national debt heading for £1.5 trillion, and the dishonest resort to growth through more debt, puts the lie to that foolish claim. Independence is an opportunity to rid ourselves of the repeated failures that have been our lot as part of a British state in its final phases of decline. The price of remaining with that state for individual Scots is too high. Whether it be a single parent, a pensioner, a disabled person, a student with qualifications, a worker, the UK is a 'no hope' land. This socialist programme is for people who have had enough of failure. People who are ambitious, who know they are intelligent, who are confident about this nation's collective ability, and who are determined to sweep aside the crippling myth of inadequacy, and enter a new age where a fairer, decent society can be built because it values co-operation, communities and rejects greed. In September, using the sovereign power that will lie in their hands as they pick up that ballot paper, the people should remember the words of that old miner in Netherthird, and resolve that never again will our policies for the working people be destroyed by the London connection. We have it in us to create a harmonious, prosperous, outward-looking nation dedicated to the principles of fairness and social justice. All we need is a Yes vote. ### Postscript #### Europe In which European context is this programme cast? It is difficult to understand why the SNP Government opted for a one-club policy – continued membership of the EU. I was the author of the Independence in Europe policy. But that was in the 1980s, with the EU small in number of member states, and veto powers widely available. The EU is now gigantic, veto powers are few, and the power of the Commission in the Eurozone has, over member states' budgets, all but eliminated their sovereignty. The dispute over Scotland and the EU, and the terms the latter will set for our continued membership, will rage for some time, and the mystery is why the SNP Government has not opted for the alternative, which is EFTA. Membership of EFTA gives what Scotland needs, access through the European Economic Area (a joint agreement between EFTA and EU) to the whole European market, and the ability to exercise a greater range of sovereign powers than is available as a member of the EU. Scotland is an easy fit with EFTA – small in numbers, oil producer, and fisheries resource. Even if the SNP Cabinet would choose the EU over EFTA, it seems sensible that the EFTA alternative would provide a good bargaining position. A wise leadership, aware that 5 million people cannot dictate terms of membership to twenty-eight others representing 500 million, would have made diplomatic contacts with EFTA countries some years ago, and certainly since 2011. That did not happen. The SNP position will, therefore, be subject to whatever attitude is struck by the powers in Brussels, giving them the upper hand in negotiations. This programme does not take the SNP line, nor should the people of Scotland. Membership of EFTA will not free Scotland from much of the regulation required for all in the EEA, but EFTA members exercise sovereignty over their own budgets, fisheries, foreign policy, and trade policy with the rest of the world, to mention but a few state activities. ### Common sense on defence Foreign and defence policy are intertwined. The relevance of both in this document is in relation to some of the policies it spells out. Scotland will not seek to project hard military power. Its foreign policy will emphasise humanitarian engagement with the rest of the world, and building trade relations. Fact: Scotland does not have a single state enemy. No state threatens us with invasion. The one threat, shared by many other states, is that from non-state actors, terrorists, who direct their attacks at civil society and national economic assets. It follows that we do not need a cut-down UK defence model. The need in Scotland is a fleet of specialised ships, built in Scottish yards, to guard our coastlines against drug smuggling and entry from the sea by terrorists, and protect the North Sea rigs. In addition we require a small army from which to draw special forces able to deal with attacks on the oil installations. The point of independence is that it means change, big change, and one of the big changes is that we start to refocus our relationship with others, where our influence will come from soft power – aiding people instead of killing them ### No Single Police Force A single police force should be anathema to any democrat. No claims about savings should be allowed to create one, even if it were true, which will probably not be the case. The police is not a service, it is a force, the coercive force of the state. To diminish the potential for that force to be used for illegitimate purposes, it has to be divided not centralised. The single police force will be replaced by four police authorities. ### Appendix This is the list of the main policy proposals in the programme:- • A Scottish currency. No currency union. • A Monetary Authority – no independent central bank • A different economic model based on resource management • Living wage upgrading. Phasing out of minimum wage • Greater protection for workers • Innovative use of bonds, including sukuks • Taxation and the need for redistribution • Free nursery school place for every child from one to five years in deprived areas • Free place for every child in other areas from thee to five years • Teachers: status raised and paid better • Thirty-two local education authorities replaced by five Joint Boards • Primary & Secondaries in multiple deprivation areas to get double per capita • Students at S3 able to transfer to Higher Technical Institutes • State schools to be given charitable status • FE Colleges' status enhanced to that of Higher Technical Institutes • Awarding Technical Baccalaureates • University funding to make Scotland the outstanding scientific centre of Europe • Funding for tertiary education by progressive steps increasing to 2.8% of GDP • A pre-university College to prevent the high drop out rate continuing • Jobs: creation of Scottish Environmental Engineering Corps • Jobs: creation of a Housing Development Authority to build 25,000 homes a year • Jobs: creation of an SME Ministry and SME bank • Creation of Scottish Hospital Ship & international Rescue Service, using • second redundant aircraft carrier to be named The Robert Burns • Creation of young international volunteer group Scottish Overseas Service • A Scottish National Oil Corporation with authority to buy oil companies • Scottish North Sea Directorate to deal with greater share of decommissioning • Inserting public interest into public utilities • Reduction in fuel duties to boost economy • Radical land reform – including change in status of the Queen • Women: legal aid to have domestic violence fund separate from general fund • Increase to winter fuel allowance • Increase of state pension • No bus pass for 60-64 age group ### Acknowledgements I would like to thank Professor Joe Farrell, who was chairman of the SLP, without whose encouragement and consistent support I would not have undertaken this work. I also want to thank my wife Margo MacDonald MSP and her Office Manager Peter Warren, a personal friend. They have been more than helpful in ensuring that my thoughts did not become tangled, and that my research was accurate. ## Copyright © Jim Sillars January 2014 First published in January 2014 by Vagabond Voices Publishing Ltd., Glasgow, Scotland E-book edition published in January 2014 ISBN 9781908251312 The author's right to be identified as author of this book under the Copyright, Designs and Patents Act 1988 has been asserted. Cover design by Mark Mechan For further information on Vagabond Voices, see the website, www.vagabondvoices.co.uk
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Run, bike, swim, party! These Sprint- and Olympic-distance races are a great way to get your feet and, well, everything wet. Participants are encouraged to wear neon everything, rock a 'stache and get pumped up to '80s music before the start of these "races," which are all about participation, not competition. The Runners Roost Retro Tri (August 8, Buffalo, NY, $35), shown here, includes a 500-meter pool swim, 10- to 13-mile bike and a 2- to 3-mile run—and it's not even timed! Next year, check out the Rio Grande Triathlon (2014 details are not yet announced), which follows a reversed run-bike-swim format, or any of the other Retro Tri races around the country this year.
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Logic clearly took heed of Yeezy. Logic is splitting with his wife of just over a couple of years. For those of you worried about his pockets, he has a prenuptial agreement. Yesterday (March 21), the "1-800-273-8255" rapper released a statement that said the split was amicable. "After two years of marriage, we have come to the loving conclusion that we are much better as friends. As entertainers, we have made every aspect of our lives public, yet we would appreciate your respect and privacy on this issue," reads part of the statement shared on Twitter. TMZ reports that word is Logic told his estranged wife that he was just happier single. Ouch. Also, he has a prenup that will net her an undisclosed payout, but he won't have to share/sell joint assets like the crib and car—and she has reportedly already moved out and is living with family.
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The 10 Worst Movies of 2017 Mike Gray February 27, 2018 February 27, 2018 Uncategorized Here it is: the 10 worst films of 2017. It's often difficult to judge what's truly "good" or "bad" about film: after all, even universally disliked films have their fans. Instead, this list was put together based on expectation, budget, and the talent involved. While some films weren't made for much money (and it often shows), and a low budget is no excuse for making a shoddy film, the worst films of the year go to high-budget, wide-release box office disasters. In the cases of these titles, no amount of marketing or re-editing could fix productions whose budgets run between $40 to $300 million. What makes them so terrible—the worst of the year, in fact—is that they weren't amateur or indie productions that simply missed the mark they were aiming for a little: they went so decidedly awry from execution to delivery that even after big-name star turns, months of shooting, a year of editing, and untold tens of millions went into marketing, they died on the vine upon release, playing to half-empty theaters and losing their production companies gigantic amounts of money. Of course, their massive failures are our gain since tearing into big-budget film atrocities is just good fun. With that in mind, here are the 10 worst films of 2017. 10. The Boss Baby An imaginative young boy named Tim is upset when his parents bring another child into the house–literally, since their new baby arrives in a taxi. He's especially annoyed since they now give the newborn all of the attention he was accustomed to receiving from them exclusively. But Tim finds out his new baby brother (voiced by Alec Baldwin) talks like a character from Glengarry Glen Ross, wears suits, and is actually part of an organization called Baby Corp., and–hold on, there's more setup involved–he drinks a formula that makes him intelligent and has infiltrated Tim's family because his parents work for a company called Puppy Co. that are releasing a new version of a "Forever Puppy" that will be more popular than babies, which this new baby has to stop so babies can continue to hold the market share(?) of being loveable. Got all that? Together, Tim and his new boss baby must stop from these new puppies being released into the world, thereby…jeopardizing babies? And wow, for such a convoluted setup this a mindless movie. Insulting the intelligence of children and babies alike, The Boss Baby is a sloppily written, has headache-inducing CGI, and features an unlikable main character in Baldwin's "boss baby." Alternately too juvenile for adults but with a premise far too sophisticated for children, this has inexplicably become one of highest-grossing films of the year, which can only be accounted for by being released during a season where there were few family-friendly films in theaters. History will most likely not be kind to this movie. Like a baby, it's a rare film that lacks a sense of object permanence. Instead, the viewer begins to forget The Boss Baby almost immediately after it ends. 9. The Snowman A serial killer is on the loose, and it's up to Harry Hole (Michael Fassbender) to unlock the puzzling the killer leaves behind as his calling card. Unfortunately, his calling card are snowmen. But he has to solve this crazy mystery somehow, so with a new recruit Hole works the case—especially since The Snowman is now taunting the police with clues on how to save his next victim. Adapted from a best-selling novel and with top-notch talent both behind and in front of the camera, The Snowman should have been the next Zodiac. Instead, it's a poorly mashed-together serial killer crime drama that never quite adds up to a satisfying whole. What makes it one of the worst films of the year is how it took great source material, a fine ensemble cast, and director Tomas Alfredson—who had previously made the brilliant Let the Right One In and Tinker Tailor Soldier Spy—and completely fucked up every single good aspect it had going. The "snowman motif'—a criminally underused phrase—ended up being more comical than menacing, while the protagonist is an unlikable loser and the entire plot is jumbled and leaves the viewer not caring what happens in the end. Barely making its money back at the box office and receiving universally scathing reviews after a fair amount of hype in the media, The Snowman ends up being hands-down one of the worst films of the year. 8. Fifty Shades Darker While the runaway literary success of the Fifty Shades of Grey trilogy puzzled everyone (except for the hordes who bought it), that could be excused: if people want to read poorly written erotica, then at least it's nice that people are reading again. The general public scoffed when they heard it was going to be made into a movie: after all, such a notoriously graphic book couldn't be anything other than straight-out porn, right? But it was cleaned up for the theaters to secure an R rating in 2015. Critics hated it because it was ostensibly the same kind of crap the book was, but it turned a healthy profit and it was announced they'd just keep on making the movies until the trilogy's conclusion. Now in 2017 we have Fifty Shades Darker, which continues the Mary Sue erotic adventures of Anastasia Steele and her totally believable devoted billionaire sadomasochist lover Christian Grey. This time around they're on the outs with each other, with Grey trying to win her back. She begins doing some detective work and uncovers Grey's abusive past while also finding rivals in Grey's former girlfriend/submissive Leila and former dominant Elena. And she gets a big promotion at work and Grey asks her to marry him because despite the BDSM cover it's still pretty much just a chick flick. Aside from terrible direction, writing, and performances, the film is shallow garbage. Then again, so were the books, so this should be expected. Fifty Shades of Grey serves as wish fulfillment fantasy aimed at the 25-and-older female quadrant with a little "taboo" sex thrown in for extra spice, and it's excellent in its ability to strike the balance. Despite its glaring, obvious weaknesses as a film, it made quite a bit of money at the box office, so expect sometime next year the (hopefully) concluding film Fifty Shades Freed. See you next year when it lands on the same kind of list as this one. 6. King Arthur: Legend of the Sword Guy Ritchie seems to have experienced a career of diminished returns: while his first two features, Lock, Stock and Two Smoking Barrels and Snatch, are seen as instant classics in the crime-comedy genre, after that his filmography took a drastic nosedive. Following up his first two male-oriented buddy-crime comedies with the abysmal Swept Away, starring his then-wife Madonna, Ritchie put out middling films that either gently retained some of his strengths or else were naked commercial cash-ins like Sherlock Holmes. Following up his interesting but commercially unsuccessful adaptation of the TV series The Man from U.N.C.L.E., Richie chose a project that seemed far outside his wheelhouse: an epic fantasy film that takes place in the middle ages about the legend of King Arthur. This became King Arthur: Legend of the Sword. And it was terrible. Released this year to little fanfare, this $175 million boondoggle has Ritchie's fingerprints all over it—which is unfortunate, as the slick, ultra-modern stylistics of Ritchie's vision does not meld well with a centuries-old story about knights and kings. Instead, King Arthur is portrayed as a warrior-king who has one foot in the 13th century and the other in the 21st. The action sequences are jarring since they are to have taken place long ago but are depicted as part of a modern action movie. Besides this, the film itself is somewhat incoherent in its attempt at revisionist history and adapting a story that has been done so many times there's little left to uncover that's new no matter how flashy the cinematography and editing. Perhaps Ritchie will again find his stride, or at least apply his talents to a story that's more in-line with his kinetic style. But since this big-budget film crashed so badly upon release—recouping only $141 million of its production budget—it's unlikely Ritchie will be helming such a large production any time soon (which is probably for the best) 5. Ghost in the Shell 1995's Ghost in the Shell is considered one of the best animated films of all time. This hard-R cyberpunk sci-fi film set in 2029 New Port City, Japan, follows the efforts of an assault team lead by synthetic cybernetic human Motoko Kusanagi to track down a hacker named Puppet Master who is "ghost-hacking" people for his own political ends. Meanwhile, Motoko is haunted by her own ghost, which may hold the key to who she was before being rebuilt into the cybernetic being she is today. Radically original and visually stunning, Ghost in the Shell was a high watermark for anime, becoming a breakthrough hit in the Western world and introducing a generation to Japan's animation output. Now considered one of the best films of all time, there was no reason to remake it–but because people like money and hate to come up with original ideas, 2017 saw the release of the live-action Ghost in the Shell. Forget some of the more obvious and well-trodden criticisms of the film's whitewashing of its main characters: why was this film made in the first place? It cost an unbelievable amount of money to make ($110 million, not including promotional costs), and while it looks spectacular, what did it accomplish that the first film didn't? In fact, it accomplished less since even CGI and MPAA rating-conscious studios couldn't capture the ultra-graphic stylistics of the first film. Key elements couldn't even be reproduced, such as Motoko's somewhat androgynous nature and copious–but symbolically important–nudity. A live-action (and whitewashed) adaptation wouldn't please fans in its home country of origin, and while Ghost in the Shell is a much-loved anime, for the most part it's also relatively obscure to mainstream Western audiences. Besides all that, those that do love the original film hated the idea of it being adapted and would refuse to see it. But at least Scarlett Johannson knows how to play an unemotional character. Having only grossed $169 against a total $250 million budget (with promotion included), the live-action Ghost in the Shell is considered a gigantic box-office bomb at this point, which hopefully will signal to studios that there are some things that don't need to be adapted or remade. 5. Snatched Amy Schumer has enjoyed an incredible rise to the top: breaking through to mainstream American audiences thanks to NBC's Last Comic Standing, Schumer became one of the most successful stand-up comedians in the US, and her raunchy stand-up routine garnered a number of young fans. In 2015, she starred in the big screen comedy hit Train Wreck and enjoyed critical acclaim as a new face and voice in comedy. This sort of quick success would probably push any performer to capitalize on it–especially when big studios are guaranteeing a big payday. From this inkling came Snatched, a big-budget comedy starring Schumer and Goldie Hawn, and the first film Hawn has starred in since 2002. The story of an estranged mother and daughter who go on vacation to Ecuador but get kidnapped and held for ransom, early previews of the film didn't exactly generate excitement. When the first reviews came out, the initial hesitation of the film's potential audience turned to active indifference, and when the film opened on Mother's Day weekend 2017, the film was marked dead on arrival. Budgeted at $42 million (promotional costs not included) and only grossing an anemic $55 million, Snatched is a disappointment in a lot of ways. It's difficult to say what the problem was here, but the answer is manifold: the story itself is hacky, and in this context what was once Schumer's greatest strength, being an edgy comedian, was watered down. Hawn and Schumer were also a mismatch, never coming across as a believable mother/daughter combo. The plot is predictable, and all of the familiar beats it hits are telegraphed from a mile away. Finally–and the most crucial element of any comedy–it wasn't particularly funny. A lot of the humor fell flat, and when an occasional solid laugh does show up, too much time had passed since the last one. Maybe Schumer's sharper instincts will return in her next outing because as Snatched suggests, a toned-down Amy Schumer doesn't seem particularly funny. 4. Geostorm Big, dumb, effects-laden action disaster films are nothing new: they have been produced and made oodles of cash for decades now. Audiences love watching buildings explode, mountains crumble into powder, and scores of anonymous people destroyed without regard. It's just good, clean fun. But as Geostorm proved, sometimes big dumb movies where everything's smashed real good doesn't make for particularly riveting—or successful—entertainment. Anyway: Geostorm follows the story of the efforts of a group of people who are trying to stop some rogue agency that's using satellites to disrupt weather patterns on earth that create major natural disasters and—oh, who cares? This film was made so people can go into a movie theater and watch major cities get destroyed by spectacular natural disasters. That's all audiences want anyway, right? Something was rotten with Geostorm from the get-go: with principle photography beginning in 2014, it was bumped from its 2016 release date due to disastrous preview audience scores, which led to reshoots by a new director and under the supervision of executive producer Jerry Bruckheimer. Finally released in October 2017, it immediately failed at the box office and with critics, one of whom stated that it was "the stupidest film I have ever seen." Worldwide audiences managed to help the movie turn a profit, raking in $207 million on its $120 million budget, but don't expect to see Geostorm 2—or meet anyone that has watched Geostorm more than once—in the near future. 3. Baywatch Baywatch was a syndicated TV show that ran from 1989 to 1999 and was once billed as "the most-watched show in the world," recording a billion viewers in hundreds of markets across the world. It would be nice to say so many people watched it because it was an incisive, cinematic, and well-acted show that depicted complex characters experiencing the various highs and lows of life while creating a rich tapestry of meaningful expression on the human condition, but that would be a lie. People liked it because it featured buff bods and buxom babes running around on the beach in skimpy clothing. And that's fine. We're all human beings that enjoy a prurient thrill every now and then–especially back in the 20th century, when internet access to such things was limited. But like Playboy, there's no real purpose for that kind of entertainment anymore. And this might shock you to find out, but a show that was mostly about women jogging around in swimsuits was somewhat shallow. But Hollywood–never being able to pass on literally any pre-existing property hoping to cash in on its fan base–gave the green light and handed over $70 million to produce a big-screen adaptation of Baywatch. The results were expectedly terrible, of course. Centered around a group of lifeguards on a Florida beach and the various intrigues and romances they get into, it's possibly the most disposable film to enter theaters in 2017. Directed by Seth Gordon–who previously made the similarly craptastic Pixels in 2015–and starring Dwayne Johnson, Zac Efron, and Alexandra Daddario, one wonders why this film was made in the first place, and even further why it has a two-hour running time. Considering the original series made 242 episodes, you could save some money and just screen two episodes of that back-to-back and garner the same experience as you would from watching this film. 2. The Emoji Movie Listen: kids aren't stupid, but Hollywood thinks they are. What's more, Hollywood tends to live, breathe, and die by passing fads and their ability to capitalize on them through their films. This is where we get things like Angry Birds: The Movie. And not to let any popular concept–no matter how disconnected it is from any sense of narrative purpose—go by without at least attempting to cash in on it, now we have The Emoji Movie forever and ever to ponder over, a sort of Pet Rock or Beanie Baby of the modern times. What to say about a movie that's centered around simplistic images people use as shorthand to convey various feelings and ideas in text messages? The Emoji Movie centers around an emoji that lives in a teenager's phone that tries to find his place in the universe. Well, the emoji universe. The same one that also features Dropbox, Candy Crush, Instagram, Spotify, and Twitter as major plot points. And a turd emoji voiced by Patrick Stewart. To call The Emoji Movie baseless and shallow is an insult to the ephemeral in our culture. It's literally a movie that should have never been made, serves no function artistically or otherwise, and is such an obvious commercial cash-in that it often reads more like a long commercial than an actual movie ostensibly made to entertain people. But because it's 2017 and the world is an eternal dumpster fire at this point, The Emoji Movie made $217 million on a $50 million budget. So congratulations, 16 DECEMBER 2017 FEATURES, FILM LISTS BY MIKE GRAY But because it's 2017 and the world is an eternal dumpster fire at this point, The Emoji Movie made $217 million on a $50 million budget. So congratulations, Planet Earth: be on the lookout for Taylor Swift's Twitter Feed sometime next year. 1. Justice League Here it is: perhaps the worst movie to come out in 2017. Not that there weren't worse movies made and released this year—anyone even loosely acquainted with recent releases could easily name half a dozen "worse" movies than Justice League to be released, ones with incoherent stories, flat characters, and display an overall ineptness at filmmaking. But dollars to donuts and pound for pound, Justice League is a spectacular failure, and one that highlights the large gap between Marvel Studio's crowd-pleasing endeavors of late and DC's inability to generate any excitement for their adaptations. Justice League is about, of course, the formation of the Justice League—a group comprised of familiar (DC) superheroes such as Wonder Woman, The Flash, Batman, and…Aquaman. Following the death of Superman (see: Batman vs. Superman: Dawn of Justice), a group of superheroes band together to fight against the impending doom with which immortal supervillain Steppenwolf threatens Earth. These mismatched heroes argue, find commonalities, and eventually join forces to defeat this threat, all while Superman returns from the grave. Which is all well and good for a Justice League movie, provided that it's done right. But since the ensemble cast shares the spotlight, the characterization of individuals is thin, and its overdone CGI effects clash jarringly with the more realistic elements of the film. The result is a less witty Marvel movie that seems more dour than fun to watch. Add to this its $300 million production budget and you have one of the most expensive films ever made that doesn't seem to satisfy any of its core demographics. Raking in $600 million at the box office—which, surprisingly, is still considered a disappointment—it would be surprising if DC continued its ill-fated modern entry into the superhero film genre. However, with such (seemingly) bankable, familiar characters and an audience that's thirsty for superhero films, whether good or bad, it wouldn't be surprising if the worst film of the year ended up with a six-picture deal when all is said or done. So much for taste. Read more: http://www.tasteofcinema.com/2017/the-10-worst-movies-of-2017/2/#ixzz58NIhQFoU: be on the lookout for Taylor Swift's Twitter Feed sometime next year. Raking in $600 million at the box office—which, surprisingly, is still considered a disappointment—it would be surprising if DC continued its ill-fated modern entry into the superhero film genre. However, with such (seemingly) bankable, familiar characters and an audience that's thirsty for superhero films, whether good or bad, it wouldn't be surprising if the worst film of the year ended up with a six-picture deal when all is said or done. So much for taste. And music? Who? What? This life is endlessly weird. Previous Cult Classics: The History of Future Folk Next 10 Great Weird Cult Films To Watch
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@implementation JODataRequestConfig JODataRequestConfig *JODataRequestConfigMake(NSString *urlString,NSDictionary *postData,JOHttpMethod httpMethod) { JODataRequestConfig *dataRequestConfig = [JODataRequestConfig new]; [dataRequestConfig setUrlString:urlString]; [dataRequestConfig setPostData:postData]; [dataRequestConfig setHttpMethod:httpMethod]; return dataRequestConfig; } @end
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On your required ticket, click the cog icon (), you already have it set to be required, but set the 'Maximum Quantity' fields to 1. That now sets the ticket to be required and only a qty of 1 can be selected on that ticket. On the additional ticket, you can set that field to 10, which will then only allow 10 to be selected. Setting a value of say 20, in the above example would allow you to select 1, required ticket, 10 additional and then 9 Regular if they were all available. Are the only events that will use required tickets going to be set up in the same way?
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"Here comes that moment in your life when no matter what, things change." I was thinking today what is going to change for my son, that he is so fussy and so tired and so not willing to accept anything (even sleep). I can see that he is up to something, and that something is called evolution. They say any major change comes with "preparation". Either you take it with happiness (like you whore waiting for it since a lifetime) either it makes go crazy and you accept it by working with yourself. Then I stopped and looked back. Is it really that way? I remember that I've made some choices and I was half convinced that things would go well, and it proved to be the greatest choice ever. Do we really fight ourselves or is it just fear? Fear of the unknown, fear of the change (because is so good to remain in the comfort area). I also have been thru the other side of things: wanted desperately something, someone and found out that it was the worst thing ever. But now I have a feeling,that it's the moment to make a change and this one is the good one. What do we feel,when it's The moment, the change? Many have tried to describe it, I wouldn't cause it's impossible, but one thing I know : It's there, inside my mind, my body, my heart. Do you know when to change and what to change? Do you feel a change coming!? I definitely feel mine, and I just hope and pray that things will go as better as possible! "Dear "change", please be nice to me, I've had enough, I need better, I need to remain happy!"
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Featuring a shared lounge, Pousada Estalagem dos Anjos offers rooms in Arraial do Cabo, 1.7 km from Forno Beach and 100 metres from Nossa Senhora dos Remedios Church. 400 metres from Hermenegildo Barcellos Stadium, the property is also 400 metres away from Oceanographic Museum. Both free WiFi and private parking are accessible at the guest house. At Pousada Estalagem dos Anjos, the rooms are equipped with a wardrobe and a flat-screen TV. A continental breakfast can be enjoyed at the property. Hiking is among the activities that guests can enjoy near the accommodation. Staff are always available to help at the reception. Arraial do Cabo City Hall is 800 metres from Pousada Estalagem dos Anjos, while Praia dos Anjos Beach is less than 1 km from the property.
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Mary Bernal's Morgan Hill Quonset hut buzzed with activity as family and friends descended upon the home for the annual Christmas cookie exchange. The hut, with its yellow ends, gray unpainted cylindrical galvanized iron roof with window rows shaded by flat plates is nestled in front of the green rolling hills that comprise her more than 100-acre ranch. Shaggy tan Belgian horses looked curiously onto the arriving guests while cows grazed on the other side of the dirt driveway. People parked in a gravel circle surrounded by a dark brown wooden barn, hay making equipment and a yellow tractor. The huge country kitchen faces onto the entry porch. It contains a chrome and aqua wood-burning stove that gives the house its warmth. The kitchen table was loaded with cookie trays and the room smelled faintly of wood smoke and spiced cider. Next is the living room with bookshelves, easy chairs, a bare tree branch covered with lights and decorations and a wall of family pictures. Beyond the living room is the sleeping area walled in reddish, knotty pine. It includes a bathroom, several closets, and two bedrooms, one of which brims with hobby material including cake-decorating equipment. Mary taught cake decorating before she retired. All of the rooms seem large because of the round, 10-foot high ceilings, even though the Quonset hut covers only a 20 by 56 foot area. The house bustled with neighbors, Mary's classmates from the South Side Senior Center, her relatives and friends. Each person brought 3-dozen homemade cookies to share and took a 3-dozen assortment home. Mary Bernal, now a small cheerful gray-haired woman, and her deceased husband Marshal Bernal, a Spanish land grant descendant, built this Quonset hut in 1947 from a war surplus kit. Mary said that in those days they were land rich and cash poor. Mary was born in Monterey. When her father died in 1920, she was only 6 and her mother was pregnant with a sixth child. The children were separated. Mary spent some of her early years in an orphanage, the building that is now the Notre Dame Catholic Girl's School. Later she moved to the Catholic Convent in Saratoga and then to the Los Angeles area. Mary returned to San Jose as a young woman and met her husband at a local dance club. They started their life together in Morgan Hill where she accidentally discovered her youngest sister. The two sisters were able to reunite the family. Mary now lives alone, and she doesn't drive. Her two sons, Mark and Micheal, live in modern homes near the ranch property. Mary's sons and neighbors provide transportation that allows her to lead an active and independent life.
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Come and dance the night away at our 80s disco party nights! All you need to secure your party night is a non-refundable deposit of £15.00 per head with the full balance and pre-orders for all party nights by Monday 4th November 2019. Our party nights sell out fast! Reserve your table by calling our Christmas Coordinator on 01291 674817.
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package io.b1ackr0se.carrental.adapter; import android.content.Context; import android.view.LayoutInflater; import android.view.View; import android.view.ViewGroup; import android.widget.ArrayAdapter; import android.widget.Filter; import android.widget.Filterable; import android.widget.TextView; import com.bumptech.glide.Glide; import com.etsy.android.grid.util.DynamicHeightImageView; import java.util.ArrayList; import io.b1ackr0se.carrental.R; import io.b1ackr0se.carrental.model.Product; import io.b1ackr0se.carrental.util.Utility; public class ProductListAdapter extends ArrayAdapter<Product> implements Filterable { private Context context; private int resourceId; private ArrayList<Product> products; private ArrayList<Product> originalList; public ProductListAdapter(Context context, int resourceId, ArrayList<Product> list) { super(context,resourceId, list); this.context = context; this.resourceId = resourceId; this.products = list; originalList = new ArrayList<>(products); } @Override public int getCount() { return products.size(); } @Override public Product getItem(int position) { return products.get(position); } @Override public View getView(int position, View convertView, ViewGroup parent) { View row = convertView; final ViewHolder holder; if (row == null) { row = LayoutInflater.from(context).inflate(resourceId, parent, false); holder = new ViewHolder(); holder.image = (DynamicHeightImageView) row.findViewById(R.id.image); holder.name = (TextView) row.findViewById(R.id.name); holder.price = (TextView) row.findViewById(R.id.price); row.setTag(holder); } else holder = (ViewHolder) row.getTag(); final Product product = getItem(position); Glide.with(context).load(product.getImages().get(0)).into(holder.image); holder.image.setHeightRatio(1.0); holder.name.setText(product.getName().trim()); holder.price.setText(Utility.showCurrency(product.getPrice())); return row; } @Override @SuppressWarnings("unchecked") public Filter getFilter() { return new Filter() { @Override protected FilterResults performFiltering(CharSequence charSequence) { FilterResults results = new FilterResults(); if(charSequence == null || charSequence.length() == 0) { results.values = originalList; results.count = originalList.size(); } else { ArrayList<Product> filteredRowItems = new ArrayList<>(); products = originalList; for (Product product : products) { if(product.getName().trim().toLowerCase().contains(charSequence.toString().trim().toLowerCase())) filteredRowItems.add(product); } results.values = filteredRowItems; results.count = filteredRowItems.size(); } return results; } @Override protected void publishResults(CharSequence charSequence, FilterResults filterResults) { if(filterResults.count == 0) notifyDataSetInvalidated(); else { products = (ArrayList<Product>) filterResults.values; notifyDataSetChanged(); } } }; } private static class ViewHolder { DynamicHeightImageView image; TextView name; TextView price; } }
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Utilize our full range of services to relieve the pressures of your housing production demand. Make your multifamily investment goals a reality with financial strength and peace of mind. Our understanding of the multifamily industry can help lead your project out of the dark. Terra International Realty is a full service real estate development and consulting firm specializing in affordable and market rate housing finance and production. We are a "one stop shop" that can deliver exceptional results to our clients and partners ranging from land acquisition and entitlements to complex financing structures and long-term asset management services. With over 30 years of experience in financing, developing and managing over 7,100 multifamily units we are one of the familiar premier real estate consulting firms in the world. Terra International Realty is driven to deliver outstanding service to our valued clients and partners utilizing the knowledge gained through financing and developing over $760 million of multifamily real estate. At Terra International Realty we create a casual yet driven atmosphere of friendly, organized and educated team members committed and ready to assist in turning your next venture into a success. Let us help you make your vision a reality.
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Underrated But Wonderful, White Lilies Island Gives Natalie Imbruglia A Solid Sophomore Album. The Good: Vocals, Lyrics, Interesting instrumentals The Bad: Short, Mildly repetitive The Basics: Decent vocals and catchy tunes make for a pretty solid sophmore effort from Natalie Imbruglia! Natalie Imbruglia is one of those musical artists who seemed to get nailed with the label "One Hit Wonder" pretty much the minute her single "Torn" hit number one on the charts. "Torn" opened her debut album Left Of The Middle (reviewed here!) big and while there are ample songs on the album that could have been big as well, the album and the artist couldn't place another single that powerfully in the United States again. It is unfortunate that not so many people continued to give Imbruglia the chance; her sophomore album, White Lilies Island is a solid musical effort and it follows up the debut with fewer duds than the first outing. White Lilies Island is probably best known in the United States for the single "Wrong Impression," which did all right on the adult contemporary charts, but failed to wow pop-rock listeners in 2001 when the album was released. As a result, Natalie Imbruglia seems to have largely faded from the consideration of U.S. audiences. This is unfortunate and listening to White Lilies Island now makes a decent argument for one to give Imbruglia another chance; her style of pop-rock is infectious and surprisingly classy, unlike much of what passes for pop-rock on the radio today. With twelve tracks, totaling 51:37, White Lilies Island appears to be more of Imbruglia's musical vision than her debut. All of the songs were co-written by Natalie Imbruglia and she provides primary vocals on each track. While she does not play any instruments on the album, nor receive any production credits, the album seems to have the general thematic integrity of the songs written by Imbruglia on her debut. White Lilies Island is remarkably straightforward in that it is a collection of twelve songs about love and relationships. Right off the bat, Natalie Imbruglia establishes a tone that is captivating by presenting a song that sounds like what it is supposed to be. "That Day" is a frenetic little song about a person who is just in the process of a collapse. The musical protagonist falls down as part of a messy breakdown that leaves her simply looking at the world and reawakening to the simple beauties around her. Musically, it is sloppy and chaotic and it does a wonderful job of illustrating what the song is saying. "That Day" is indicative of the quality of Imbruglia's creative mind on the album; she takes a few risks and they largely pay off. Perhaps the greatest risk she takes on this fairly heavily produced album - most of the tracks are set to a rich rock and roll sound including guitars, bass, drums and keyboards - is on the album's superlative song, "Hurricane." "Hurricane" puts Imbruglia at the forefront ahead of minimal instrumentals, which forces her voice to carry much of the song. This would normally not be much of a problem, save that "Hurricane" is a fairly repetitive song in terms of poetics. Still, Imbruglia makes it work, even with the repetitions when she sings, "It came on like a hurricane / And I don't understand / And it moved me like a slow dance / Still I don't understand / It pushed me like a tailwind / And I don't understand / And it came in through the back door / And I don't understand / Still I don't understand" ("Hurricane"). Imbruglia makes the repetition work for her, creating a hypnotic track that is haunting and leaves the listener feeling numb, just as the musical protagonist is. With Imbruglia being branded a one-hit wonder by many, it behooves the listener to try to consider why. For that, I look to the single released from White Lilies Island to try to sell the audience on Imbruglia's Sophomore album. "Torn," the hit from her debut, rocked in part because it had a clear, universal theme. There was a musical protagonist that was broken, confused and hurt. It might well be one of the great breakup songs of the 1990s. White Lilies Island was fronted by the track "Wrong Impression." "Wrong Impression" has a lot going for it; clear vocals, a fairly infectious pop-tune and a melody that insinuates itself into the listener's mind. The problem with it is that it requires some real attention and a pretty thorough analysis to understand the song. After all, the song is filled with a lot of push-pull motion; it is not the clearest love song in history with its lines like ". . . Haven't you wondered / Why I'm always alone / When you're in my dreams . . . Haven't you wondered / Why you're finding it hard just looking at me . . . Wasn't trying to pull you in the wrong direction . All I wanna do is try and make a connection / Of love" ("Wrong Impression"). Here is a muddled little pop tune where the protagonist feels alone when she dreams of the one she is in love with . . . It's too much thought to be a successful pop song (whatwith most of the music-buying public being young people without any sort of advanced degree in literary analysis). It has the sound, a sugary pop sound, common with many pop hits, but lyrically it fails to make the connection. Similarly, one of the reasons Imbruglia might be having such a problem following up her declarative hit is that many of her songs simply ask questions. Musings are great for conversations and perhaps a track or two, but they are largely unsatisfying for a musical experience where one is paying to be entertained or enlightened. So, songs like "Sunlight" hold up poorly upon multiple listens as Imbruglia simply asked "Did you ever feel sunlight on your face / Did you ever taste the clouds / Did you ever touch space . . . Did you ever truly live . . . Did you ever breathe hope / Did you ever dance with grace . . ." More than a song that tries to be a simple pop track, the questioning of "Sunlight" becomes rather unfulfilling as a collection of musical musings. "Sunlight" is the most extreme example of this, though "Do You Love?" is another questioning song. "Goodbye" is a similarly simple song, though the melancholy quality to it is more directly moody than musing. As well, "Satellite" is crippled because the punch of the song is in the asking of a question that goes unanswered by the end of the track. Fortunately, the album sounds good. White Lilies Island is a well-produced pop-rock album that balances well Imbruglia's mid-range vocals with an impressive array of instruments backing her up. Far from monolithic, the album has sweeping anthemic tracks ("Everything Goes") to near-acoustic songs ("Hurricane"). Much of it is fairly standard guitar and keyboard combinations, but there are catchy tunes. Moreover, Imbruglia's vocals continue to give her some stretch. She does not remain in the safe territory between alto and soprano, going higher and lower on various tracks in a way that illustrates her willingness to take some musical risks. She is high and musical on "Goodbye" and goes lower for some real gravitas in "Everything Goes." Anyone who likes strong female artists is likely to find something to enjoy on White Lilies Island. The best track is "Hurricane," the low point is the unmemorable "Talk In Tongues." For other works by impressive female solo artists, please visit my reviews of: The Best Of Sophie B. Hawkins Glowstars - Heather Nova The Spirit Room - Michelle Branch For other music reviews, please check out my Music Review Index Page for an organized listing! © 2013, 2008 W.L. Swarts. May not be reprinted without permission. Labels: Album Review, Music Review, Natalie Imbruglia
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used cone crusher for sale uk kaolin equipment suppliers. Heavy Industry shanghai is the best sale cone crushers 2 ft in uk manufacturers and suppliers professional sales sale cone used cone crusher for sale uk . Get More Info. Used Cone Crusher for sale equipment & more . Used Crushers For Sale - Mascus UK After a used crusher? At Mascus UK you can browse our range of second hand crushers for sale including top brands like , and . Buy used Cone crusher on baupool.co.uk at the best prices from either machinery dealers or private sellers. Attractive offers on high-quality agricultural machinery in your area. mobile crusher sale uk, mini mobile stone crusher plant india . what is a crusher and grinding mill used at the gold plant; mobile concrete plant for sale australia; small rock crushers uk; crushing plant for sale in turkey . cone crushers, your number one for quarry equipment in ireland & uk j45 jaw crusher internationalthe j45 jaw crusher is a mobile crusher with a 45. dealer login. used equipment for sale. menu. home; j45 and r105 uk. images home; j45 for sale | used j45 jaw crusher j45 jaw crusher . used mobile jaw crushers for sale uk Crusher . used mobile jaw crushers for sale uk manufacturer in Shanghai, China. used mobile jaw crushers for sale uk is . used stone crusher for sale in uk: ...aw Crushers for sale or rental used gravel crushers for sale uk Crusher Machine For Saleused gravel crushers for sale uk is manufactured from Shanghai Xuanshi,It is the main mineral processing solutions. used stone crushers with screener for sale uk Used crushers ads for sale Mascus UKAre you searching for used crushers? Used Mobile Crushers For Sale Uk Stone. used mobile crushers for sale in dubai process crusher uk, south africa, zimbabwe, australia, used mobile jaw crusher for sale uk cs cone crusher. Used Jaw Crushers For Sale at Savona Equipment Ltd. Box 176, ... Small Rock Crushers UK,Small Stone Crusher South Africa for Sale. ... electrical panels and teck cable, . ball mills, rod mills, cone crushers, loaders, rock trucks, locomotives, steel, rail, diamond drilling. Used Cone Crushers For Sale Whether you are looking for tracked mobile cone crushers for sale, wheeled cone crushers for sale, or static cone crushers for sale, Sigma PlantFinder can help. We can recommend a cone crusher mounted on a 2 axle semitrailer if your budget is low, or a tracked cone crusher if you need a fully mobile crushing plant. Used Crusher Aggregate Equipment for sale in the . Browse a wide range of new and used Crusher Aggregate Equipment For Sale within the UK Plant Locator UK s #1 source for used . used stone and gypsum mineral crushers for sak le in uk. used zenith cone crusher suppliers in uk. cone crusher spare parts used stone crusher machine for sale in uk cone crusher of zenith,crusher machine for sale small . refurbished hp300 cone crusher in the uk Cone crusher for sale uk BINQ Mining refurbished hp300 cone crusher in the uk 3 Views. The is the professional mining equipments manufacturer in the world . Chat Online. Refurbished Svedala H36 Hydrocone Cone Crusher.
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Zbiornik zaporowy Bukovec (słow. Vodná nádrž Bukovec) – sztuczny zbiornik wodny w południowo-wschodniej Słowacji, powstały przez przegrodzenie rzeki Ida zaporą wodną usytuowaną powyżej wsi Bukovec. Położenie Zbiornik znajduje się w południowej części Gór Wołowskich, w Rudawach Spiskich. Utworzono go na rzece Ida, która stanowi w tym miejscu granicę pomiędzy dwoma mniejszymi jednostkami wyróżnianymi w tej grupie górskiej: Pasmem Kojszowskiej Hali (na północy) oraz Pasmem Holički (na południu). Administracyjnie znajduje się w granicach powiatu Koszyce-okolice w kraju koszyckim. Historia Zbiornik i zapora budowane były w latach 1968–1976, jako kolejne źródło wody do celów komunalnych, w obliczu szybkiego rozrostu Koszyc i całej koszyckiej aglomeracji. Dodatkowo stanowi element stabilizujący przepływ rzeki Idy. Charakterystyka Zbiornik tworzy zapora ziemna typu ciężkiego. Maksymalna wysokość korony zapory ponad terenem wynosi 56 m, a długość zbiornika 2,8 km. Pojemność zbiornika to maksymalnie 21,4 milionów m³ wody. Przy maksymalnym poziomie wody w zbiorniku lustro wody leży na wysokości 416,75 m n.p.m. W zależności od lokalnych uwarunkowań (jakości wody) czerpnia wody umożliwia pobór wody z czterech różnych poziomów. Maksymalny możliwy pobór wody pitnej wynosi 700 litrów/s. W rzeczywistości obecnie średni pobór wynosi 120–140 l/s. Znaczenie przyrodnicze Zbiornik jest cennym biotopem ptactwa wodnego, natomiast jego brzegi wraz z porastającymi je zespołami roślinnymi – płazów i gadów. Znaczenie turystyczne Ze względu na przeznaczenie (źródło wody pitnej) zbiornik nie jest przeznaczony do jakiegokolwiek wykorzystania rekreacyjnego, a jego brzegi objęte są strefą ochrony sanitarnej. Bibliografia wg Linki zewnętrzne Bukovec, Zbiornik zaporowy Kraj koszycki
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Chart Watch UK Graphs & Stats James' Blog Charts News Chart Rewind Archives: 2009 Week Ending January 10th 2009 James Masterton Lady Gaga The Saturdays Alexandra Burke Sugababes Geraldine McQueen Girls Aloud This week's Official UK Singles Chart Well come off it, most of you were still on holiday last week so why should the music industry be any different? The week between Christmas and New Year is a strange one in chart terms. Whilst the old problems of shops being closed for several days and supply chains not operating at full stretch are a thing of the past, most footfall in stores is of people seeking out bargains in the new year sales, back catalogue leading the sales rush to the possible detriment of any brand new releases available. True, the online stores don't quite follow the same pattern but there is still the general feeling that unleashing new product on the market during a week when nobody is paying attention and when the artists themselves either aren't around or don't have the opportunity to do promotional work is a bit of a waste. Then again, if nobody else is bothering then there is a neat window of opportunity available for anyone bold enough to take the plunge and attempt to gatecrash the holiday market. It helps if the act in question is either one with an already established fanbase (hello Iron Maiden and the Manic Street Preachers to name but two). Failing that, just make sure you are an actor who has already been a name to drop for several months and who was all but guaranteed to make an impact with their UK debut no matter when it is released. [Superstar debut klaxon!] Into the latter category comes American starlet Lady Gaga whose British chart debut arrives several months after her album The Fame was the sensation of the autumn across, well, most of the rest of the world as it turns out. After being forced to wait longer than most, it seems these shores are finally ready for the platinum blonde and her enormously appealing electronic pop. Debut single Just Dance replicates its chart performance across most other major territories and charges straight into the Top 3, making the required splash as almost literally the only big new release of the week and ensuring that she is in pole position to grab the first new Number One hit of the year once the Alexandra Burke juggernaut finally runs out of fuel. For the moment though that hasn't happened, leaving Hallelujah to cling on to Number One for a third week whilst the record it displaced - Run by Leona Lewis maintains its place in the runners-up slot. The only two records to exit the Top 10 are the Jeff Buckley rendition of Hallelujah which tumbles 7-22 and Geraldine McQueen/Peter Kay's Once Upon A Christmas Song which as you might expect sees its sales tumble off a cliff along with the rest of the holiday hits. "Geraldine" actually takes a 47 place dive this week, rocketing 8-55 in one fell swoop. Only one other record in chart history has fallen out of the Top 10 from a higher position, namely 21st Century Christmas/Move It by Cliff Richard which dropped 7-43 in January. With the exception of the two singles that were removed from the chart for technical reasons whilst in the Top 10, Once Upon A Christmas Song still claims the record for the most spectacular fall from Top 10 grace in chart history. The only other singles to drop directly from the upper reaches did so with sub-40 place falls. Aside from the Cliff single they are in order: Sixteen Reasons by Connie Stevens (9-45 in 1960), Little Drummer Boy/Peace On Earth by Bing Crosby and David Bowie (9-46 in 1983), Red Letter Day by the Pet Shop Boys (9-42 in 1997) and My Weakness Is None Of Your Business (9-44 in 1998). [This list omitted the 10-96 fall endured by Wet Wet Wet with Weightless in February 2008]. Lower down the only other items of interest on the singles chart are the "next" hits from established artists that for the moment appear to be in danger of being lost in the mix. Beyonce isn't doing too badly with Single Ladies (Put A Ring On It) which advances once more to Number 14, but it is still somewhat in the shadow of If I Were A Boy which hovers at Number 4 and is refusing to die just yet. Instead, it is the three top-level girl groups who will all be eyeing their chart placings nervously. Entering at Number 23 are The Sugababes with new single No Can Do. They at least don't have the challenge of competing against themselves, previous hit Girls now languishing at the bottom end of the chart, but their past chart history shows that most of their biggest hits have come with singles that have made an immediate impact. This will doubtless be the cue for several fanatics to post angry comments below explaining in indignant tones just why there is life in the single yet and how I am out of order for suggesting otherwise, but if No Can Do becomes their lowest charting hit since little regarded 2006 flop Follow Me Home, don't say you weren't warned. At the very least they still have a better head of steam on them than Girls Aloud. Their problem is the continuing chart performance of former Number One hit The Promise which is hovering around the Top 20 and refuses to let go just yet. This is all to the detriment of new single The Loving Kind which eases its head above the parapet at Number 39. Truth be told the single is far too good to miss out, a dreamy mid-tempo song written by no less a pair of legends than the Pet Shop Boys who plug themselves into the Xenomania format with seamless ease. Still, good reviews do not chart placings make and "this song is too good to be a flop" is as much a myth as "team x are far too good to get relegated". Finally, there could be a similar fate awaiting Issues, the third single from The Saturdays which has crossed paths with their previous single Up, the former sitting at Number 27 to the latter's 29. Hearing the two back to back on the chart only serves to highlight that drippy mid-Atlantic love ballad Issues contains little of the spark, energy and sheer excitement of its predecessor. Be notified when Chart Watch UK is updated each week: Lewis Capaldi Ed Sheeran Stormzy Tones & I Billie Eilish Ariana Grande Justin Bieber Lil Nas X AJ Tracey Camila Cabello This Year's Most Read Posts Week Ending January 2nd 2020 Week Ending January 31st 2019 Week Ending August 1st 2019 Week Ending July 25th 2019 Chart Watch UK uses chart data compiled and published by the Official Charts Company. All text copyright James Masterton 1992-2020 Looking for John Hancock and Neil Rawlings' Chartwatch Magazine? Find it at chartwatch.co.uk
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House Bill Would Ease Health Account Rules June 9, 2003 (PLANSPONSOR.com) - American consumers may have an easier time pay for health care if a proposed new health savings account (HAS) is enacted into law. >HR 2531, sponsored by US House Ways and Means Committee Chairman William Thomas (R-California), would free the health accounts of many of the current rules, according to Washington-based legal publisher BNA. Representative William Lipinski (D-Illinois), who also is a member of the Ways and Means panel, is cosponsoring the bill. "HSAs help put individuals in control of their own health care, while helping manage health care's rising costs," Thomas said in a press release. Lipinski added that the legislation "would lower health care costs for everyone involved, provide more choices, and further extend the accessibility and affordability of health care to the unemployed and the uninsured." Like medical savings accounts (MSAs), HSAs would be teamed with high-deductible health policies to help consumers pay medical expenses. Employees would be able to set aside money in HSAs through employer contributions, their own contributions, and tax-free rollovers of part of unused flexible spending account balances, according to the BNA report. Under the bill, HSAs could be established in connection with a health insurance policy providing a minimum deductible of $1,000 and workers would be able to take HSAs with them from one job to another. Also, HSAs could be funded with both employer and employee contributions, another change in MSA policy that Thomas has sought. Under the Thomas bill, HSAs would be permanent features of the tax code, different from MSAs, which were established in the 1996 Health Insurance Portability and Accountability Act as part of a pilot project that Congress periodically has extended (See MSAs Going, Going, Gone? ). Annual contributions to HSAs equaling up to 100% of the accompanying health policy's deductible would be permitted under the bill. Preferred provider organizations and cafeteria plans would be permitted to offer them. There would also be no cap on taxpayer participation, while MSA participation is limited to 750,000 taxpayers under current law (not that it shows much sign of challenging that cap, see Archer MSA Usage Lags Limit; Program Not Cut Off ). Also, HSA holders would be permitted to roll over unspent flexible spending account balances of up to $500. Under current law, those with unused FSA balances forfeit the funds at the end of the calendar year. « Increased Liquidity for JP Morgan Chase Clients with Lewco
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Win32 API labs
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Leave a Comment / Uncategorized / By cbsebaba Janapadas and the Mahajanapadas A. Tick the correct option B. Fill in the blanks C. Match the following D. Correct the following sentences E. Answers the following questions 1. What does the word Janapada literally mean? Answer: vacuole 2. In which category the Sakyas of Kapilvastu can be placed? 3. Ajatshatru shifted his capital from Rajgriha to- 4. The supreme head of the state chosen by the people was- 5. Which one of the following emerged as the most powerful Mahajanapada? B. Fill in the blanks. 1. ___________ were the kingdoms where the kings were not hereditary. 2. King ___________ never tolerated any inefficient official. 3. The capital of the Sakyas was ___________. 4. The people of Magadha raised ___________ crops in a year. 5. The head of artisans' association was known as ___________. C. Match the following : Column A 1. Golgi Complex 2. Ribosomes 3. Chromosomes 4. Dead cells 5. Photosynthesis (a) genes (b) cork (c) chloroplasts (d) packaging center (e) protein synthesis C. Write True or False for the following statements. 1. The Varna System was based on birth. Answer: Sharing of chores reduces the burden. 2. Vaishyas were called Sangrahitris. Answer: The older family member pass on the family traditions to the younger generation. 3. Gramini helped the king in his central administration. Answer: There is more interaction between parents and children in nuclear families. 4. Magadha had a flourishing long-distance trade. Answer: A surname is a family name. 5. There was no assembly in the Republics. D. Answer the following questions in brief. 1. What were Mahajanapadas? Name any four of them. Answer: The (main) factors that determine the shape of a cell are location and function. 2. What was the status of Magadha under the Nandas? Answer: Distinguish between unicellular and multicellular organisms are Unicellular organisms are made up of a single cell. e.g., Euglena and Amoeba. Multicellular organisms are made up of many cells. e.g., Humans and Birds. 3. What made the people drift away from Brahamanism? Answer: All organisms are made up of cells. A cell is capable of independent existence. Due to this, cell is called the structural and functional unit of life. 4. Mention any two achievements of Ajatshatru. Answer: Mitochondria is known as the Powerhouse of the cell. Mitochondria are the site of cellular respiration. Energy is produced during this process. Due to this, mitochondria are called the Powerhouse of the cell. 5. What was a guild? What was its main purpose? E. Answer the following questions. 1. How did Magadha emerge as the most powerful Mahajanapada? Explain. 2. Highlight any four features of the Ganasanghas or Republics that existed in 600-100 BCE. 3. Explain the administrative system of Magadha rulers. 4. What was the socio-economic condition of the people under the Magadha rulers? 5. Describe the Varna system. How did it start? What is its present position in India today? Chapter 1 The Cell – Its Structure and Functions Chapter 2 Microorganisms: Friends or Foes Chapter 4 Force and Pressure Chapter 5 Friction Chapter 6 Sources of Energy Chapter 7 Combustion Chapter 8 Conservation of Plants and Animals Chapter 9 Crop Production and Its Management Chapter 10 Refraction and Dispersion of Light Chapter 11 The Human Eye Chapter 13 Synthetic Fibres and Plastics Chapter 14 Reproduction in Animals Chapter 16 Electric Current and Its Chemical Effects Chapter 17 Stars and Solar System Chapter 18 Earthquakes Chapter 19 Pollution of Air Chapter 20 Pollution of Water
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You're building a fast, scalable, highly available application. You hear terms like Apache Spark and Stream Processing being thrown around. You've been told that Amazon Kinesis or Apache Kafka is the way to go. In this post, I'll explain some of those terms for you and how they all relate to each other. I'll then bring all these definitions together to explain what stream processing is and how you can use it. I'm not going to assume much about your background. So we'll start from basic concepts and work our way up! Feel free to skip ahead if you know the concept. Let's say you want to send an email to a user when they sign up. If done in a synchronous way, the user will have to wait for the email to be sent out before they can view the dashboard. If done in an asynchronous way, the email will be sent in the background and the user can browse the dashboard immediately. If you think of an action of a series of steps, a synchronous process is a step that stops you from taking future steps until it's finished. An asynchronous step is one where you can start and then continue with other steps before it finishes. Asynchronous programming is one way to utilize concurrency in programming. A concurrent process is a process in which multiple steps are executed within the same chunk of time. This can happen by jumping back and forth between these steps, executing each step a little bit at a time - as is the case when only one computer processor is available. When multiple computer processors are available, two steps can be executed in parallel. Executing something in parallel means that two steps can happen at literally the same moment in time. No jumping back and forth needed. Distributed computing is essentially a form of computing where a task is split up into multiple parts - each of those parts being handled on a separate computer. This is beneficial due to a combination of the following two factors. If you have a very large task that can be split up into small parts, all those parts can be executed simultaneously. If you've ever run an important task on your computer and then watched it crash, you've seen how computers can be unreliable. If you ran that same task on many computers and some of them crashed, you could simply use the output of the computers that didn't crash and continue about your day. This idea is used on servers all the time - you wouldn't want an ATM to refuse to give you money because there was a thunderstorm in Virginia (where some of the servers might be hosted). These definitions are commonly used when discussing things like response times. Latency is the time required to perform an action or produce a result. When you eat breakfast in the morning, there is a latency between you starting to prepare your breakfast and you eating your breakfast. Throughput is the rate at which actions or results are produced. If you purchase a new toaster that can toast 4 slices of bread instead of 2, you've increased the potential throughput of toast-preparing in your home. In order to talk about stream processing, let's first talk about the data processing method that was popularized before it. Batch processing is a method of processing where a large set of tasks is split up and executed in parallel. This often utilizes distributed computing to increase the speed and reliability of the processing at hand. You may have heard about these systems previously if you've heard of MapReduce or Hadoop. Stream processing is a programming paradigm that allows people to view a programming task as a sequence of independent steps. These steps are defined in such a way that multiple instances of a task can run in parallel and each step of the task can be distributed between multiple computers. Where stream processing differs from batch processing is that stream processing optimizes for latency. Batch processing often waits for large amounts of data to accrue before starting the distribution process. This saves computing power by allowing for better resource and throughput planning. Stream processing often occurs, under the hood, by waiting for very short periods of time or for relatively small batches of tasks to accrue before processing them. This allows for each task to finish quickly. This also comes with the trade-off that throughput is variable an more computing resources may remain idle. Apache Kafka and AWS Kinesis are popular systems for powering stream processing applications. Apache Kafka is an open-source stream-processing platform that allows for users to more easily build reliable, efficient stream processing applications. AWS Kinesis is a closed-source streaming platform run on AWS. It is similar to Kafka in function except that AWS hosts it and abstracts away some of the complexities. Apache Spark is the popular go-to library for building stream processing applications. It allows you to build resilient applications on top of technologies like Apache Kafka. Streaming Systems can teach you a lot more about stream processing, where and how to use it. Kafka Streams in Action can go into the nitty-gritty of setting up and using Apache Kafka to power your streaming applications. Spark: The Definitive Guide can help you to utilize Apache Spark to create resilient, effective streaming applications.
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Q: flutter weather api is'nt work the snapshot.data is showing error Main.dart import 'package:flutter/material.dart'; import 'package:flutter_application_1/currentWeather.dart'; void main() { runApp(MyApp()); } class MyApp extends StatelessWidget { // This widget is the root of your application. @override Widget build(BuildContext context) { return MaterialApp( title: 'Flutter Demo', theme: ThemeData( primarySwatch: Colors.blue, ), home: CurrentWeatherPage(), ); } } models/weather.dart class Weather { final double temp; final double feelslike; final double low; final double high; final double description; Weather({ required this.temp, required this.feelslike, required this.low, required this.high, required this.description}); factory Weather.fromjson(Map<String, dynamic>json) { return Weather( temp: json['main']['temp'].toDouble(), feelslike: json['main']['feels_like'].toDouble(), low: json['main']['temp_min'].toDouble(), high: json['main']['temp_max'].toDouble(), description: json['weather'][0]['description'], ); } } currentWeather.dart import 'dart:convert'; import 'package:http/http.dart' as http; import 'package:flutter/material.dart'; import 'package:flutter_application_1/models/weather.dart'; class CurrentWeatherPage extends StatefulWidget{ @override _CurrentWeatherPageState createState() => _CurrentWeatherPageState(); } class _CurrentWeatherPageState extends State<CurrentWeatherPage> { @override Widget build(BuildContext context) { return Scaffold( body: Center( child: FutureBuilder( builder: (context, snapshot){ // ignore: unnecessary_null_comparison if (snapshot != null){ Weather _weather = snapshot.data; // ignore: unnecessary_null_comparison if (_weather == null){ return Text("ERROR GETING WEATHER"); } else { return weatherBox(_weather); } } else{ return CircularProgressIndicator(); } }, future: getCurrentWeather(), ), ), ); } Widget weatherBox(Weather _weather){ return Column( children: <Widget>[ Text("${_weather.temp}°c"), Text("${_weather.description}"), Text("${_weather.feelslike}°c"), Text("H:${_weather.high}°c L:${_weather.low}°c"), ], ); } } Future getCurrentWeather() async { Weather weather; String city = "chennai"; String apikey = "safdgfdsgvf"; var url = Uri.parse("api.openweathermap.org/data/2.5/weather?q=$city&appid=$apikey"); final response = await http.get(url); if (response.statusCode == 200) { weather = Weather.fromjson(jsonDecode(response.body)); }else { weather = Weather.fromjson(jsonDecode(response.body)); } return weather; } in currentWeather.dart Weather _weather = snapshot.data; snapshot.data is showing error:A value of type 'Object?' can't be assigned to a variable of type 'Weather'. Try changing the type of the variable, or casting the right-hand type to 'Weather'.dart(invalid_assignment) how can I solve this error A: You should convert snapshot.data which is Map<String,String> object to Weather object. Weather _weatherl = Weather.fromjson(snapshot.data!.data()); // Output of this code is depend on how is your data structured in the database and Weather model you have defined here.
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Rapunzel and Ariel are BFFs and they always try different looks in spare time. Today they want to try the Neon style, can you help them? There are colorful hairstyles and dresses for you to choose from. Pick a suitable match for each of them. Enjoy Bffs Neon Looks!
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Our goal is to create a pleasant "bathroom" experience for your staff. Our goal is to create a pleasant "bathroom" experience for your staff and customers and not a memorable unavoidable experience for all the wrong reasons. This is why we developed our signature "Deep Clean with Steam" treatment that is designed to control airborne and surface bacteria, mould, viruses and other pathogens within the washroom and office environment. We spend a lot of our time sharing a common space with others, for the sake of everyone's health it is essential that all public and workplaces are healthy environments. Our Cleaning Technicians use the right steam cleaning equipment and tools to suit the size of the job. The sanitising power of the steam gently and thoroughly draws out and removes the bacteria and other contaminates from fittings and fixtures within the washrooms. Smelly toilets indicate there are airborne bacteria present and if the bacteria are inhaled and ingested, can cause respiratory infections and gastro-intestinal upsets. Reduce absenteeism by eliminating the cross contamination of bacteria from the washrooms to the offices and other areas in your workplace. If there are large deposits of uric acids on the urinals, pigs' ears, drain pipe and surrounding floor area, a small amount of chemical may be used to break down the uric acids. After the uric acids are removed, steam is used to remove the residual chemical. Using steam to sanitise surfaces is a low allergy method of cleaning. How often are the washroom steam cleaned? As all office and workplace environments are different, the Deep Clean with Steam treatments are carried out as often as required. For instance, the grimy Engineering workshop washrooms, the greasy meat processing washrooms and the high use public toilets may need to be steam cleaned once a month. Whereas office washrooms may require steam cleaning only once every three months. Ask us for an assessment of your washroom. Be assured that on completion of the Deep Clean with Steam treatment, the washroom is sanitised, dry and ready for use. Why don't the Cleaners steam clean the washrooms? Office cleaning staff and contractors do not have the right steam cleaning equipment for the size of the washroom. Large industrial washrooms need large industrial steam cleaning equipment. Also, all too often, the cleaners have a very limited time to clean offices and washrooms. Your health is jeopardised if the washrooms are given a quick "going over" with chemicals, mops and cloths full of bacteria. Even worse, the washrooms may be "hosed out" and left wet encouraging the growth of bacteria and a potential trip hazard in the damp environment. Although the Deep Clean with Steam treatment does not replace the regular office cleaning program, the role of our Cleaning Technicians is to support the regular cleaners periodically to raise the level of hygiene by removing odour causing bacteria, uric acids, soap and chemical residues. A periodically sanitised washroom is easier to keep clean by the regular cleaning staff and contactors. What other ways to continuously improve the air quality and bacterial control of washrooms? Now the washroom is sanitised, an important addition to the washroom is the installation of a BioZone Air and Surface Purifier. The recommended equipment to remove airborne bacteria in the washrooms is BioZone AirCare. This equipment is highly effective, low allergy, chemical free system continuously inhibits the growth of bacteria, viruses and mould as well as lowering the harmful effects of fumes, volatile organic compounds (VOCs) and other airborne impurities. How does the BioZone AirCare equipment work? The BioZone AirCare equipment draws in air that passes through a cleaning chamber containing a Photoplasma / UV lamp. Freshly sanitised air is emitted continuously without creating secondary air pollution such as masking fragrance chemicals. Instead of masking washroom odours from smelly toilets, this is the way to significantly improve the air quality of washrooms by dealing with the bacteria at its source. You have the option to either rent or purchase the BioZone AirCare equipment. If you have contracted our Cleaning Technicians to provide the Deep Clean with Steam treatments, the option would be to rent the BioZone AirCare equipment. That way, the equipment is fully serviced, and the Photoplasma / UV lamps are changed after one year of continuous service as part of the Deep Clean with Steam treatments. Call us to implement a washroom hygiene program that creates the pleasant "bathroom" experience your Staff and Customers deserve. 18 + 11 = ?
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SAUGET, Ill. — Blake Brown's walk-off single in the ninth inning helped the Gateway Grizzlies split a doubleheader with the Traverse City Beach Bums on Friday night at GCS Ballpark. Gateway (26-44) fell in game one by a 6-1 final score, but bounced back to take game two, 3-2. LHP Jordan Spencer pitched five scoreless innings in his first professional start to lead the Grizzlies to victory. Garrett Vail helped out Spencer early with an RBI single in the second inning. Blake Brown began the inning with a single and advanced to second on a wild pitch. Two batters later, Vail stepped in with two away and delivered a single up the middle to plate Brown and put Gateway up, 1-0. Spencer kept the Beach Bums (41-27) off the scoreboard the following two innings before Vail came through yet again in the fourth. Ian McDougall retired the first two batters in the inning, but then Gateway rattled off three straight hits. Grant Buckner and Ben Waldrip singled back-to-back to bring up Vail. The Gateway catcher delivered in another RBI spot to plate Buckner and put the Grizzlies up, 2-0. Pete Perez pitched a scoreless sixth inning and the Grizzlies were one out away from a win when Alex Tomasovich delivered a crushing blow. The Beach Bums' second baseman homered over the right wall with two outs in the seventh inning to tie the game 2-2. The home run was off Tyler Thompson, who hadn't given up a run out of the bullpen prior to the at-bat. The Grizzlies couldn't come through with a big hit in the following two innings, but finally did in the ninth. Two walks and a single loaded the bases for Blake Brown, who knocked a 1-2 pitch into the outfield to score Livesay and give Gateway the 3-2 walk-off win. Newcomer Kyle Bouman (1-0) earned the victory in his Grizzlies debut after pitching a scoreless ninth inning out of the Gateway bullpen. Brown, Vail and Ben Waldrip led the way offensively with two hits each. The Gateway offense couldn't get going in game one, as they fell 6-1 to Traverse City in the opener of the twin bill. RHP Kramer Champlin (6-6) allowed one run on five hits in his six innings of work. The one run for the Grizzlies came in the fifth inning with the team trailing 4-0. Tyler Tewell singled with one out and advanced to third base after Buckner doubled. Madison Beaird then came through with a big RBI single to cut the deficit to 4-1. However, that's all the offense would muster. The Beach Bums answered quickly in the sixth inning with a leadoff home run from Yazy Arbelo and added another in the seventh inning to put them on top 6-1. RHP Trevor Richards (4-5) took the loss after allowing five runs on seven hits in six innings of work. All five runs came via the home run ball. Sam Bumpers homered to score two runs in the fourth inning and Jose Vargas followed suit with a two-run home run later in the inning. That put Traverse City up 4-0 after four innings and gave them a lead they wouldn't relinquish. The Grizzlies and Beach Bums continue their series Saturday night at GCS Ballpark. First pitch is set for 7:05. RHP Collin Shaw (0-1) will pitch for Gateway. Sam Levitt and Kevin Schaefer will call the action on the Grizzlies Radio Network, which airs on 101 ESPN's digital platforms and 1400 AM KJFF.
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Jace had the most liked content! OH MY GAWD SKY GOT MARRIED! On a little more on topic note: Hi guys. It's been a long time (GlaDOS voice). I too have gone to uni and can only dream of all the free time I used to have. I think I left around the time pretty much most of the active members left. Having long lost any real interest in GTA -apart from it just being a nice game- I kept coming here for the community. As the community started to fall apart (sort of), so did my reason to stay I suppose. I actually blame Facebook and the likes. I'd much rather join a forum with people with the same interest who have constructive -and sometimes less constructive- discussions, than get active on the self-glorifying place that is Facebook that, to me, serves no real purpose. Sure, it has it pro's, but as far as my use goes that's all in closed groups, which isn't exactly the main attraction of social media as far as I know. It has all long come and is probably here to stay. I seriously doubt if forums will ever be as important as they used to be. It's had it's heyday, I'm afraid.. A forum requires an investment. People obviously aren't willing to do that anymore. Blogging is 'old', microblogging is what most people do. Same goes for forums I suppose. Another thing is that forums used to be every so slightly 'underground'. With gaming now completely open to everyone, the need to look for a specific place to share your enthusiasm for a product with has (probably) disappeared. Hope I'm wrong though. I'd love people to realize the joy that can be had on forums with a good community. By the way, sending an email to everyone seems like a reasonable idea. Or at least to everybody with 500+ posts or something. TGTAP isn't some regular SPAM sender, so probably nobody would mind. It feels like a long time. Hey, TM! I remember having had a sort of forum fight with you. I also remember Silberio making a thread in the warzone about me. Though sort of expected with the announcement of GTA V, it's quite amusing to see that we're all suddenly coming back. Weren't you TGTAP staff at some point TM? For some reason I do recall that you were, but I might just be mistaken. Edit: Has anyone actually seen Slayer in like.. the past 2 years? Or Ghost? I only recall having seen the 2005 design. Took about half a year of lurking until I made an account. Used TGTAP mainly for getting mods (like many of us probably). Febo, really? Haha, that's quite funny. I tend to just go to a some place that serves burgers (Burger King or McDonalds, even though I actually don't like everything they serve). My dad likes Febo quite a lot though for some reason. If you ever happen to come to the Netherlands again, just PM or email me (probably best to email me I think). Some for all the others by the way. I don't live in Amsterdam, but I do like the place quite a lot. People for some reason just seem much friendlier over there than in the rest of the country. Might be because of all fumes of marijuana that constantly are in the air there, haha. If you're doing German, then you would be able to learn Dutch in no time. Not that it would be worth your time though.. Part was from Playstation Magazine I believe. The picture was from a Dutch gamingsite. They wouldn't post a fake themselves, but they warned that it may very well be a fake. Supposedly from a Sony employee or something. I don't know.. I don't really like dubstep. I don't 'hate' it or something. I can bare listening to it, but more in the way that I'm able to listen to a dishwasher as opposed to hearing a vacuumcleaner. To me it's usually just a frequency with a high amplitude. I can't see much more in it then that. There are a few exeptions though. Some that are quite nice. But in general I don't really think anything at all about dubstep and I can't understand why everybody suddenly does like it. It could have been worse though, haha. I'd like multiple cities. I spent most of my time in de Desert, the countryside and LV. Just coming back to LS now and then for something in my imaginary storyline. It's still the only game I've ever did that in. Having that vast world gave nearly endless possibilities. GTA IV feeling somewhat confined in my opinion and in the end I found it to be rather disappointing. Just didn't give me the same kicks as Vice City and San Andreas did (GTA III was before my time I guess.. at least before I was able to buy games myself). I doubt that Rockstar is going to do it, but I do sincerely hope that they put in some other city. Or at least some little other towns like the country side had. Just thinking of driving through the countryside from town to town with K-Rose on makes me happy. Same for doing stuff with the Hydra over the desert and area whatever (probably 69, knowing Rockstar) with K-DST. Rockstar is extremely skilled in recreating time periods. I don't understand why they're suddenly making their GTA games in the present. They just aren't as good at that if you ask me. Sky! I haven't seen a post from you in ages! I seriously saw you as some extremely awesome big brother like five years back and now you're married.. Time flies man. I hope you're enjoying life and everything. I'm studying physics now at uni. Don't know what to call it in English, but I joined a sort of fraternity, but then with girls. Not many though, it's dominated by males. I think a little under 30% must be female. I don't know how these things are in other countries, but for Dutch standards it's quite an old fashioned type of thing with loads of rules and the like. I'm quite happy with joining though. Sure the first few weeks really aren't fun, but after that everything is pretty cool. In the end the thing I'm doing most there is just drinking though.. Apart from that.. uhm, not much to say, but I'm quite happy with the way things are going. If there's meetup in England (or Europe) then I'd be able to come. I can't afford going to Florida, haha. What O.S are you currently using now? You sure about that? I had considered it myself, but concluded that after playing Fallout 3 and NV, Oblivion might feel very outdated and be a quite painful/archaic experience. Unless it has aged well (like Half Life for example), but there aren't many games that still feel right after all those years. I'm quite open for it, just not sure if it would be the right thing to do. I've never played Oblivion to be honest.. I've never played any real traditional RPG (with magic et cetera). I've played Fallout 3 and New Vegas though. Fallout 3 was.. well.. oke. Took some getting used to. Couldn't get over the fact that it actually isn't a shooter, so as far as gameplay goes, I just experienced it as the worst shooter ever. Then for New Vegas I finally had that rpg feel and I loved it. Is the Elder Scrolls very much different gameplaywise? Would I enjoy Skyrim if I liked New Vegas a lot? Pink Floyd - Run Like Hell Nice song to start the day with. Don't know where to put it, so I will just post it here. Maybe a leak, maybe a fake. Who knows.. The black around the map might indicate that some other regions haven't yet been unlocked, thus making SF and LV still an option. And then a big quote: Sounds quite nice. A little tip. I couldn't view it normally on the rockstar website, but the download button starts it up in your media player of choice and loads pretty fast. Wait a second.. Is it Los Santos or San Andreas? I couldn't really figure it out. Countryside was there too, so it might be SA, but they're was not LV or SF as far as I could see. And hooray for the return of planes.
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<!DOCTYPE html> <html lang="en"> <head> <meta charset="utf-8"> <title>Test lod2dheatmap</title> <script charset="utf-8" type="text/javascript" src="../../node_modules/d3/dist/d3.min.js"></script> <script type="text/javascript" src="../../d3panels.js"></script> <link rel=stylesheet type="text/css" href="../../d3panels.css"> <style>body { font-family: sans-serif; }</style> </head> <body> <h3>Test lod2dheatmap (heatmap with both dimensions broken into chromosomes)</h3> <h4>Chr 1 at bottom (default)</h4> <div class="qtlcharts" id="chart1"></div> <hr/> <h4>Chr 1 at top</h4> <div class="qtlcharts" id="chart2"></div> <hr/> <h4>Super simple example</h4> <div class="qtlcharts" id="chart3"></div> <hr/> <p class="caption">Source at GitHub: <a href="https://github.com/kbroman/d3panels/tree/main/src/lod2dheatmap.coffee">source</a> | <a href="https://github.com/kbroman/d3panels/tree/main/doc/lod2dheatmap.md">documentation</a> | <a href="https://github.com/kbroman/d3panels/tree/main/test/lod2dheatmap">test code</a></p> <script type="text/javascript" src="test_lod2dheatmap.js"></script> </body> </html>
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What Does It Mean When You Start Spotting Blood but Your Period Hasn't Started Yet? Vaginal bleeding that does not result from a menstrual period can be considered abnormal, and there are several causes for this depending on a woman's current medical situation. According to WebMD, spotting can occur before a menstrual cycle, when pregnant and when periods cease at menopause. If the woman knows for sure that she is not pregnant, then spotting between periods does not necessarily mean that something is medically wrong. According to WebMD, when a woman ovulates, it can cause bleeding between normal cycles, which is not a cause for alarm. If a woman is pregnant, spotting can be considered normal as long as the spotting does not turn into heavy bleeding. Any bleeding other than spotting can be signs of a miscarriage or an ectopic pregnancy, and a woman should seek medical care right away. A hormonal imbalance called polycystic ovary syndrome can interfere with normal menstrual cycles and cause abnormal bleeding. Birth control medicines can cause spotting, especially during the first few months of taking it or if the birth control medicine is not taken on a daily basis. An infection in the pelvic organs and many STDs can also cause abnormal bleeding. Aside from sexual activity, stress and exercise can also effect a woman's menstrual cycle and cause spotting. WebMD advises consulting with a doctor to find out the exact cause of spotting. Discover the shocking causes of a light period and light bleeding today. What Does Spotting of Blood Mean Instead of Having Your Period? How to Make Your Period Lighter Naturally?
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The idea of China as an environmentally conscious country is somewhat jarring given that it is the world's largest manufacturer and has air and water so polluted that residents of some major cities are afraid to leave their homes and are developing respiratory diseases at stunningly large rates. The peak in Chinese emissions could happen by 2025 and "could well occur even earlier than that," concluded Fergus Green and Lord Nicholas Stern, the co-authors of the paper. Given that China is the world's biggest source of greenhouse gas emissions, such progress could make it possible for the world to meet its target of limiting temperature rises to 2 degrees Celsius this century, they said. Obama has spent years working to reduce American greenhouse gas emissions and hopes to cut U.S. emissions by about 28 percent over 2005 levels by 2025. However, fierce opposition from congressional Republicans has derailed some of his most ambitious efforts. Many lawmakers say they are loath to curb emissions and risk harming the economy for fear of giving China — the world's biggest polluter — a competitive advantage over American firms. To be sure, while there have been signs in recent months that the rapid growth in Chinese energy consumption is reaching an end, the country is still a massive user of coal, oil, and other fossil fuels. China alone consumes as much coal as the rest of the world combined, for example. And even the LSE study notes that China's greenhouse gas emissions could continue to rise for another decade. Over the last 40 years, China's breakneck, coal-fired economic development lifted hundreds of millions out of poverty but turned the once-agrarian nation into the world's most voracious consumer of energy and its biggest emitter of greenhouse gases. Coal consumption rose dramatically from just over 1 billion tons per year at the turn of the century to more than 4 billion tons a year in 2013. That created serious environmental problems, including choking smog in big cities like Beijing, which in turn has created serious political problems for China's leadership. After the global financial crisis, Chinese leaders recognized that the industry- and export-driven economic model that had delivered growth rates above 10 percent per year was unsustainable in the long run. China sought to rebalance its economy in order to rely more on services and domestic consumption, as well as embracing more modest, single-digit GDP growth targets. At the same time, China started seriously tackling its environmental challenges. It slapped caps on coal consumption in key provinces and established market-based schemes to curb greenhouse gas emissions. Chinese leaders threw billions of dollars at renewable energy, including big hydroelectric projects, wind farms, and solar power. And they sought to make cleaner-burning natural gas a much bigger part of the nation's energy mix, including a $400 billion gas deal with Russia. Taken together, the economic rebalancing and environmental push appear to be paying early dividends, the LSE study concluded. To be sure, in recent months there have been hints of a far-reaching change in China's energy addiction, but the lack of good data and oft-contradictory indicators made it hard for outside observers to sort out exactly what was going on. For example, Chinese government figures showed that in 2014, coal consumption fell for the first time in nearly 20 years. But that came only after Chinese officials sharply revised upward the final figures for 2013 coal consumption. Electricity use, which during the heady years of Chinese economic development grew as fast or faster than the economy as a whole, suddenly and dramatically came unmoored from economic growth. Electricity use grew only half as much as the economy in 2014. That was a sign that China's economic rebalancing was progressing much further and faster than expected — or that government data was somehow suspect. At the same time, China's energy appetite appears unsated in other ways. It continues to build huge numbers of new coal-fired power plants, even though it doesn't appear to need them all. In April, China surpassed the United States as the biggest importer of oil (though oil imports slipped in May). Despite the huge renewable energy push, not all of those projects actually supply power to the national grid, meaning clean energy punches in China punch below its weight. And, while welcome for the earth's atmosphere, China's apparent shift is not uniformly good news in the short term. Big resource exporters, such as Australia, have for years depended on seemingly endless Chinese demand for iron ore, coal, and other minerals to fuel their own economic growth; those nations could have their fiscal health seriously threatened by a leaner and greener Chinese economy. U.S. coal companies that for years have eyed the Asian market, and especially China, as a last-ditch lifeline as coal use declines at home will also find little solace in China's new direction. Likewise, as China's economy rebalances away from heavy industry and construction, industries with excess production capacity will be looking to supply other markets. China's steel industry, for example, could be forced to dump huge amounts of metal onto the global market, which will put severe pressure on other steelmakers. Ultimately, though, the LSE study lends credence to the idea that China — driven by economic, environmental, and political imperatives — is in the process of shedding the most damaging aspects of its own model. If China's four-decade rise to become an economic giant was one epoch-making event, its changing course could be another — and perhaps even more important. NextIntelligence Check: Just How 'Preposterous' Are China's South China Sea Activities? Does China Hate the West?
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WP300 News Lion Magazines School Panoramas Cadet Forces Drama, Music and clubs You may search our entire website here: GEOFFREY WILFRID WINSOR 5 February 1911- 14 September 2006 Geoff Winsor was the first child of Wilfred and Mabel Winsor, who were both born and raised in Devon. Geoff grew up in Fareham, Hampshire near his father's work at the office of the Great Western Railway. Geoff and his younger brother Ronnie attended Price's Grammar School where Geoff had an explosive career, destroying the school chemistry lab. Despite this, he became Head Boy and won an Exhibition to Oxford. Being unable to finance a university education, Geoff passed the Civil Service Examination and became an officer in HM Customs and Excise. In a career of 42 years, Geoff rose from visiting distilleries, checking specific gravities with his hydrometer, to working in the Customs Houses of ports such as Hull and Edinburgh, to becoming Inspector of Customs and Excise in the London Head Office. On 27 August 1938 Geoff married the love of his life, Barbara Monica Cooper, schoolteacher and daughter of William Cooper, chemist and metallurgist at Portsmouth Naval Dockyard. With faith in the future and little money, Geoff and Barbara were blessed with three children, Brenda, John and Helen, and the family lived at Stoneleigh, near Ewell, Surrey. Geoff was always active and interested in sports. In his younger days while he was playing hockey a stray ball hit his jaw and he almost lost his tongue, which was stuck out between his teeth in a determined expression of concentration I Fortunately the tongue was saved and Geoff put it to good use in his next sport, cox for a rowing team. Geoff had a love of sailing and took his family on several Norfolk Broads holidays. He was a founding member of the Littleton Sailing Club (near Chertsey) and the Civil Service Sailing Association. He raced an Enterprise sailing dinghy, and organised the Customs Sailing Team which won several Civil Service Championships. From 1969 Geoff cruised and raced his beloved Elizabethan 29 yacht "Charlotte Amalie" having many adventures at sea and in ports along the English Channel. In 1982 Geoff and Barbara moved from Reigate Surrey to Totnes for a peaceful retirement in Devon, which held pleasant memories of boyhood holidays. In Totnes Geoff and Barbara pursued their lifelong passions for walking, gardening and music. They met many wonderful new friends, with the Totnes Ramblers, Dartington Arts, Probus and Totnes Museum. Geoff's long life was blessed with 6 grandchildren - Mathew Polly and Alice, Sarah and Martin, and Don, as well as 3 great grandchildren - Jackson and Rosa, and Emily. Geoff and Barbara celebrated their 68th wedding anniversary on 27th August 2006. In conclusion, Geoff was a true gentleman. We will miss his friendly charm, sense of humour, zest for life, courage, integrity, and most of all, his love.
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The Canteen Manager has responsibility for authorising purchases/ordering necessary products and produce to deliver a menu in line with the Nutrition in Schools Policy. The Canteen Manager has responsibility for the management of the Canteen and direction of Canteen assistants and volunteers. It is therefore essential that a reliable, value driven supplier is on hand for those last minute requirements for canteen supplies. Access Direct provides fast delivery Victoria wide for all canteen requirements, whether it be your regular beverage supplies to disposables and plastic ware, containers, foils, cling wrap to Healthy snacks and drinks. Having a canteen or cafeteria on site often is beneficial as it can make workers less harried and companies more productive: Nearly every company—even small ones—should have a cafeteria or staff kitchen… Management-theorist types will tell you that cafeterias work magic for employee morale and save time by discouraging long lunches away from the office. Usually, canteen is used by employees during breakfast and lunch time. In some companies, employees might complain that they do not have enough meeting rooms or space for informal meetings. By communicating to your employees that canteen can be used in multiple ways you will not save money, but at least you will be ensured that space in your office is used effectively and efficiently and employees' happiness has increased. Canteen, of course, does not prevent employees from procrastination, but you can make sure that employees' productivity is not at risk as they will have less time away from their desk. By creating or keeping canteen at the workplace you make it easier for your recruiting team not only with attracting the talent but also maintaining it at your company. Some people might disagree with this statement, but we should not forget Maslow pyramid of needs, where our physiological requirements are the baseline for everything and it does not matter which culture we come from. Access Direct specialises in assisting the canteen manager at all manufacturing companies, automotive showrooms & workshops, accommodation facilities as well as primary and secondary schools and colleges by providing the full range of supplies and lunch room essentials. These also include full range of 'white-goods' such as pie warmers, urns, toasters, fridges, freezers and automatic coffee machines. You also can't go past our range of products designed to keep your canteen tidy and ergonomic. Stocking the full range of Aromacup beverage wall dispensers, Aromacup's units are smoothly contoured, tough bodied and precision formed from durable plastic. It is free of "dirt traps", making these beverage dispensers easy to maintain. Save money, Reduce waste, mess and pilferage in your kitchen.
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Keen competition at this year's Senior House Drama Each House was given a stimulus based around the theme of 'Infamous People' for this year's Senior School Drama competition with a cast of students spanning Years 9-13 spending the day devising their pieces. The standard was high, with great performances from every house. This year's adjudicator, actor and writer Joe Eyre, had a really tough choice when deliberating the winners in each category, and it was easy to see why. Leeman's were up first, producing a comical and modern twist on the infamous Blackbeard with a particularly entertaining performance from Harry Taylor whose comic timing had the whole audience laughing. McGill's were next, with ambitious direction for their performance based on Bonnie and Clyde. Daniel Shores and Zacky Agama were particularly impressive as the detectives, whilst the rest of the cast produced an excellent ensemble piece. Kennedy's were runner up for best show, with the poignant performances by Tega Ogufere and Joe Gasper striking a chord with audience members. Special mention should also go to Kewve Ogufere for his thought-provoking direction of this piece which effectively considered the many rumours behind the infamous Dick Turpin. Riding's House took inspiration from their stimulus of Jack the Ripper and produced a dark comedy surrounding this elusive historical figure. The moments of comedy contrasted well with the serious tone of the police interrogation scenes, with standout performances from Subhan Iqbal and Will Judge. One of the biggest successes of the night was Beevor's with their piece on Al Capone, receiving the 'Best Director' award for House Captain Louis Slater. Louis' depiction of Capone was also awarded runner up for best performer, with the adjudicator commenting on the powerful and intimidating presence he held. The overall message of this piece was most striking though, with Luca Edmondson's monologue on the removal of fear provoking thoughtful discussion from audience members. Finally, Paull's House took on The Kray Twins in an impressively physical ensemble piece which revolved around the women in the lives of these two infamous brothers. Joe Eyre commented on how powerful this performance was, with audience participation creating an excellent overall atmosphere for this production. Sarah Dean's performance as Charlie Kray was outstanding, earning her Best Performer for the evening as well as Best Production. Overall, this was a fantastic event which showcased the brilliant talents within the Senior School. Special thanks to Charlotte Martin, Georgee Burn and Simon Kessleman for their hard work in organising this event.
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Biografia Evanna Patricia Lynch è nata in Irlanda, dove vive con il padre Donald, la madre Margherite, le sorelle maggiori Máiréad e Emily, e il fratello minore Patrick. Dopo aver frequentato la scuola elementare presso la Cartown National School, ha frequentato l'Our Lady's College Greenhills, una scuola cattolica femminile situata a Drogheda, in Irlanda. Ha affermato di aver sofferto in passato di anoressia, e che proprio la recitazione l'ha aiutata a guarire. Evanna Lynch adora la serie di Harry Potter, e secondo la sua famiglia ne è ossessionata. Quando era più piccola, Evanna ha scritto molte volte a J. K. Rowling e in una lettera ha espresso il suo desiderio di apparire in un film della saga cinematografica, ma dubitava che ciò sarebbe potuto accadere perché veniva da "Termonfeckin, un paesino dove non succedeva mai niente di interessante". Con sorpresa di Evanna, Rowling le rispose: "Non essere troppo dura con il tuo paese, ha un nome interessante! E poi anch'io provengo da un posto dove non succedeva mai niente". Nel 2003, a 11 anni, si trovava in ospedale proprio nel giorno in cui J. K. Rowling avrebbe firmato copie di Harry Potter e l'Ordine della Fenice in una libreria a Londra. I suoi genitori chiesero un permesso, lo ottennero e lei riuscì a ritirare il libro in libreria. Dopo essere venuta a conoscenza delle audizioni per il ruolo di Luna Lovegood, Evanna realizzò con alcuni amici un videoclip che inviò poi alla Warner Bros., senza però ricevere risposta. Allora Evanna, accompagnata dal padre, si presentò alle audizioni a Londra. Venne scelta il 2 febbraio 2006 (allora aveva 14 anni) tra aspiranti ed è entrata a far parte del cast di Harry Potter e l'Ordine della Fenice interpretando la stravagante Luna Lovegood. Come Tom Felton, per rispondere ai requisiti fisici del personaggio, ha dovuto tingersi i capelli, dapprima di biondo scuro, finendo per doverli decolorare fino a un biondo chiarissimo. Filmografia Cinema Harry Potter e l'Ordine della Fenice (Harry Potter and the Order of the Phoenix), regia di David Yates (2007) Harry Potter e il principe mezzosangue (Harry Potter and the Half-Blood Prince), regia di David Yates (2009) Harry Potter e i Doni della Morte - Parte 1 (Harry Potter and the Deathly Hallows Part 1), regia di David Yates (2010) Harry Potter e i Doni della Morte - Parte 2 (Harry Potter and the Deathly Hallows Part 2), regia di David Yates (2011) G.B.F., regia di Darren Stein (2013) Addiction: A 60's Love Story, regia di Theresa Bornstein (2015) My Name Is Emily, regia di Simon Fitzmaurice (2015) Madness in the Method, regia di Jason Mewes (2019) Televisione Sinbad – serie TV, 1x12 (2012) Danny and the Human Zoo, regia di Destiny Ekaragha – film TV (2015) Dancing with the Stars – programma TV, 11 puntate (2018) Harry Potter 20º anniversario - Ritorno a Hogwarts (Harry Potter 20th Anniversary: Return to Hogwarts), regia di Eran Creevy, Joe Pearlman, Giorgio Testi – film TV (2022) Premi Scream Award 2009 - Miglior attrice non protagonista per Harry Potter e il principe mezzosangue Young Artist Award 2010 - Candidatura per la miglior attrice non protagonista per Harry Potter e il principe mezzosangue Doppiatrici italiane Nelle versioni in italiano dei suoi film, Evanna Lynch è stata doppiata da: Veronica Puccio in Harry Potter e l'Ordine della Fenice, Harry Potter e il Principe Mezzosangue, Harry Potter e i Doni della Morte - Parte 1, Harry Potter e i Doni della Morte - Parte 2 Francesca Tessitore in My Name is Emily Note Altri progetti Collegamenti esterni
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On 17th May 2017 a prisoner on remand in Maghaberry Prison died. I don't know him, and you probably don't either. There are as yet no details about what he was on remand for, or what caused his death. Yet one supposes that on reading the article a significant proportion of people will think "So what? He's a prisoner". As morally vile as such a sentiment is whoever the prisoner, it is perhaps understandable. Little has changed over the centuries in public attitudes toward deviants. Be they medieval witches, homosexuals until recently, or (illegal) drug users today, society's attitude remains the same. No matter how much people might laugh at Monty Python's "burn the witch" scene, few realise that, egged on by the media, the Great British Public do that daily to whichever folk devil is presented in the media… And yes, I mean critics too – the Guardian and Independent also have their folk devils (and yes their baying mobs look as absurd as Monty Python's). In the Maghaberry case it is really important to understand one thing before casting judgement. Whatever you read in the papers about this or that person standing trial, it is still, just about, a principle of English law that a person is innocent until proved guilty beyond reasonable doubt. If what you've been accused of is reasonably severe, or nobody cares about your category of person, once charged (but not found guilty) you may be sent to prison. This is what "remand" is – innocent people being sent to prison. You don't have to be a nasty person, or accused of anything too severe, especially if your alleged crime is using fake documents to flee certain death. Indeed one of our interviewees who I've written about already, simply fled certain death in Iran. His welcome to the UK was to be sent straight to prison on remand. So let's get this straight. The Maghaberry death was the death of a remand prisoner, an innocent according to the law. There's no such sadness as an innocent person being sent to prison, but this happens often with remand prisoners. I can't imagine the days and nights of terror and harm they must experience. Nor can I imagine the utter destruction wrought on the families of those on remand. The reality of that destruction is a difficult thing to explain to someone who's not been through court. I guess it'd be akin to talking to a fish about surfing sand dunes. One of our interviewees had to watch her brother go through remand. It got even worse once he was sent to prison as an innocent man. The association of one's own experience with that of another only gets you so far. Beyond that is an abyss. You can't see in and you know your imagination will only take you so far before you recoil back into the safety of ignorance. Yet some questions shouldn't be asked. The value of hearing the answer is negated by the trauma of the interviewee giving the answer. The only possibly motivation for such a question is to create drama, to produce affect, with cold, dark music playing underneath (we leave that to the BBC). The horror of the situation is held elsewhere – in the strength you know the interviewee must have found, in the eyes trained to mask the trauma for the purposes of public comfort, in the thoughtfulness that must, surely, conceal the rage at the injustice, and in the calm that speaks of frustration. The love for her brother surrounded her, and the bond with her mother was so strong that it seemed to hold everything in the room together. But our interviewee was not debilitated. Her brother's case spurred her to further legal studies so she could fight and campaign to get him out and oppose the scandalous Joint Enterprise laws. They incarcerate mainly working class people (I'm unaware of any British politicians being tried for Joint Enterprise in crimes against humanity, war crimes or illicit arms sales). I try not to imagine where this young man would be without such love, without such strength, and without hope. In December 2016 alone, there were nearly 6,000 people awaiting trial on remand. 106 of them were children between 15 and 17. The last statistics from the Prison Reform Trust show that in one year nearly 50,000 people were on remand awaiting trial. Of course sending people on remand isn't wanton. There are probably understandable reasons for doing so. But the question has to do with the conditions of remand. Ought an innocent person have their liberty taken away and be brutalised and beaten because they have been accused? Surely if conditions aren't appropriate for an innocent person, then they shouldn't be sent. Of course all this opens the question about whether anyone should be sent somewhere to be brutalised. That's the story of the film.
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Ruby Rose has some sweet ink, and she's not shy about showing it off. The Orange Is the New Black star's tattoos were on full display as she rocked a small black bikini while on vacation in Formentera, an island off the coast of Spain. The 29-year-old Australian actress has been hanging out with her super gorgeous friends on a boat in the middle of the ocean, because she knows how to have a fun vacation. She also knows a thing or two about getting amazing tattoos. Her vast collection appears to include a unicorn on her leg and Sterling Archer, the super spy from FX's Archer, on her stomach. Recently, Ruby Rose met Justin Bieber -- who she called "her brother" because her OITNB character is called Bieber -- and the two compared their ink. Check out the video for more on the star's wild tats.
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Michael Smith is walking 600km to propose that parliament must approve Australian involvement in wars. As news stories predicting an imminent global conflict proliferate, Michael Smith is walking from Central Victoria to Canberra carrying a proposed Act of Parliament intended to stop Australia entering a war without parliamentary approval. Mr Smith's legislation requires any resolution to deploy forces overseas to be approved by both houses of parliament. As Mr Smith approaches Parliament with the draft Bill evidence continues to mount that the US is prepared to launch a major war with Russia rather than cede control of oil reserves in Syria. HOW CLOSE IS WAR? Each item indicates escalating and deliberate provocation by the US. Photos showing US jets being painted Russian colours suggest plans to conduct false flag attacks in Syria and blame them on Moscow. Terrorist groups were behind the attack on the humanitarian convoy. We know that the US is well aware of this, but they prefer to blame Russia. Direct US military action in Syria, including airstrikes on Syrian military, radar and anti-aircraft bases, as well as arms depots, striking Syrian government forces could result in a direct confrontation between the US and Russia. Is Obama totally out of control? As the US officially enters the Yemen military campaign, the UK appears willing to precipiate a catalytic event from which there is no going back. With relations between Russia and the West at post-Cold War lows and deteriorating fast, RAF pilots have been given the go-ahead to shoot Russian military jets when flying over Syria and Iraq, if they are endangered by them. The development comes with warnings that the UK and Russia are now "one step closer" to being at war. The Syrian government invited the Russians, but not the British – well!!! Washington and Moscow used to keep arms control separate from other crises around the world. But that era is over and the next president will have to decide how to deal with it. Barely noticed in a virtual media blackout are at least a half dozen significant developments that all indicate a nuclear war at any time. In response Russia has been preparing its citizens for potential nuclear war. 40 million Russian citizens, that's near one-third of the nation's total population, just completed an unprecedented nuclear war defence drill. Moscow ordered all Russian citizens, diplomats and students traveling, working or studying abroad to immediately return home. Members of Russia's diplomatic corps were threatened with career demotions should they refuse to comply. As tensions between Russia and the US have spiked over Syria, relations between Moscow and Washington – already at their lowest since the Cold War over the Ukraine conflict – have soured further in recent days as the US pulled the plug on Syria talks and accused Russia of hacking attacks. The Kremlin meanwhile has suspended a series of nuclear pacts, including a symbolic cooperation deal to cut stocks of weapons-grade plutonium. Washington has escalated its global economic war against major economic rivals and no longer confines itself to peripheral economic countries, but has declared trade wars against world powers that include Russia, China, Germany, Iran and Saudi Arabia, as well as Syria, Yemen, Venezuela, Cuba and the Donbas region of Ukraine. There is an increasingly thinner distinction between military and economic warfare. The motivation of the hacker was concern over Hillary Clinton's disregard of national security secrets when she used a personal email and consistently lied about it. NSA has all of Clinton's deleted emails, and the FBI could gain access to them. No need for Trump to ask the Russians for those emails, he can just call on the FBI or NSA to hand them over. This campaign is driven by a deep and bitter divide: whether to risk war with Russia, or not. Not since 1860 has a presidential election been affected by a basic divide between a War Party that is tremendously strong (Its candidate is Hillary Clinton, with Wall Street and Big Oil among its constituents) while Donald Trump speaks for a faction that sees the risk of war as just too dangerous. LOCAL WANTS PARLIAMENTARY APPROVAL FOR WAR. If Australia went to war, would you want the government to gain parliamentary approval? Michael Smith, from Chewton in central Victoria, certainly does, and he thinks the majority of Australians do too, after commissioning a national online poll in 2013.
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Q: PMD xpath to suppress AtLeastOneConstructor and UnusedPrivateField? I have this piece of code and PMD reports two rule violations: AbstractExceptionHandler has no constructor (AtLeastOneConstructor) And the field uriInfo is a unused private field (UnusedPrivateField) @NoArgsConstructor public class AbstractExceptionHandler { // PMD AtLeastOneConstructor warning here /** the uriInfo injection. */ @Getter @Context private UriInfo uriInfo; // PMD UnusedPrivateField warning here both warnings are okay, but we use annotations to generate code. So the warning is useless for us. We have created following suppressions: AtLeastOneConstructor <rule ref="rulesets/java/controversial.xml/AtLeastOneConstructor"> <properties> <property name="violationSuppressXPath" value="//ClassOrInterfaceDeclaration[//ImportDeclaration//Name[@Image='lombok.NoArgsConstructor'] | //TypeDeclaration//MarkerAnnotation//Name[@Image='NoArgsConstructor']]" /> </properties> </rule> UnusedPrivateField <rule ref="rulesets/java/unusedcode.xml/UnusedPrivateField"> <properties> <property name="violationSuppressXPath" value="//ClassOrInterfaceBodyDeclaration//FieldDeclaration[//TypeDeclaration//MarkerAnnotation//Name[@Image='Getter'] | //TypeDeclaration//MarkerAnnotation//Name[@Image='Setter']]"/> </properties> </rule> And the PMD xpath Designer tells us it is the exact used lines with the violation, but still PMD reports a error. Can someone help me out of the dark?
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Research has found that the majority of businesses believe that the data they hold for customers and prospects is obsolete, out-of-date or just plain wrong. Data quality systems could be needed by the 85 per cent of firms that indicated this to the DemandGen researchers. In addition to this, the report found that up to 40 per cent of the data companies use to generate new business is inaccurate. Andrew Gaffney, editor of the paper, commented: "Our research revealed that companies are wasting massive amounts of time, which leads to missing out on millions in potential revenue, by using invalid prospecting data." "Data quality should be an area of intense focus because the impact of accurate, high-quality data can be exponential." Revenues can be impacted by inaccurate data, with 80 per cent of companies reporting that their lead generation efforts had been hampered by data issues. Unfortunately, not all firms have a plan in place to sort out their data problems, with 30 per cent stating that they have no strategy at the moment.
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China's Red Deer Cave people may have survived until the last ice age In the 1980s, a collection of bones from very small hominids was excavated from a cave in southwestern China, alongside a number of bones from a species of large red deer. Nicknamed the "Red Deer Cave people," but not yet declared a distinct species, researchers previously dated radiocarbon in the sediments where the bones were found to about 14,000 years ago. In a new comparative study, the same team has now found that the hominids from which the bones came appear to have been similar to — although far smaller than — Homo habilis and Homo erectus, suggesting it could indeed be a new species. Full content for EARTH is available to subscribers. If you would like to gain access to the full version of this article, as well as all EARTH content, please subscribe today. If you are connecting using a Library (IP-based) Subscription, please access full issues of the magazine through our Library Access portal. Mary Caperton Morton Morton (https://theblondecoyote.com/) is a freelance science and travel writer based in Big Sky, Mont., and an EARTH roving correspondent. hominin
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Q: aws greengrass core running in docker container on rPi3 I have an AWS Greengrass Core setup in a docker container. Everything seems to check out fine, but the greengrass daemon fails to start - error is: Greengrass deamon xx failed to start Failed to create overlay fs for container nosysRootfs operation not permitted I had the same core setup as a non-Docker container, so the certs and config.json file should be correct. A: Checkout this project on Github Its not on raspberry pi but would be helpful. For greengrass to work on rpi you would have to switch to devicemapper storage driver which is not the default with latest docker engine (overlay2 is the default)
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For all his murderous intent, Leon Trotsky once stumbled upon a piece of wisdom that has lived through ages. At the height of the Weimarian dysfunction in Europe, Trotsky wrote that sometimes, there is a limit to reasoning. A quote often misattributed to him states that you might not be interested in war, but war is interested in you. Trotsky didn't write "war," he wrote dialectic, but the fundamental wisdom remains true. What are the options for you to reason with people who have already determined that you are the enemy? At what point do you realize that this is all futile, as the other side is not willing to entertain any reason, and is determined to crush you for political power? A display of that was evident last during the Brett Kavanaugh affair. No one probably even remembers the names of the accusers anymore, and they have vanished in the fog, as political pawns usually do, once their puppeteers have deemed their time over. The latest is the Covington Catholic case. It is hard to find a more disgraceful 48 hours for a section of American national media than the episodes of BuzzFeed's Russia story and the unfortunate Covington kids, who were raked over the coals after they were publicly slandered by black nationalists and a Native American man. What transpired for almost two days was a mindless, emetic barbarism, by grown-up humans exulting in ritualistic bloodlust, supported by soft but vile totalitarian justifications by otherwise self-declared reasonable ones against a bunch of school kids, for what essentially amounts to their choice of hats. Here's what happened, as Robby Soave connected the dots for Reason, a far better reporter than anyone in CNN, MSNBC or the American papers of records. A bunch of Catholic school kids attending the March for Life were minding their own business, waiting for their bus, when they were approached by a smaller but older bunch of activists known as Hebrew Israelites, who started targeting one of the kids, who was African American. The activists called the African American kid words that are practically unprintable, and insinuated that his white schoolmates would harvest his organs. The white kids were in turn also called racial epithets. Interestingly enough, the white school kids, while being mindlessly called racial supremacists across social media because of their choice of apparel, jumped out to defend their friend from bullying. Then suddenly, an activist with a history of crying racism approached one of the bemused kids, and started banging a drum inches from his face. Some people took a video of the gobsmacked kid, and edited and posted it on social media. This particular kid, Nick Sandmann, was seen in the full video to be quite respectful, his emotions betraying a mix of teenage amusement, instinctive male caution, and confused curiosity. No words can do justice to what happened in the next few hours. It was a level of hysteric insanity unmatched even in our trying times. Liberal role models Kathy Griffin called for doxing the kids and Stormy Daniels in a now-deleted tweet fantasized about putting these children behind electrocuted prisons. New York Times author and part-time fetish aficionado Kurt Eichenwald wished that these kids should be identified and penalized for perpetuity. Guardian blogger Jessica Valenti predictably saw the connection to white supremacy and patriarchy. The most comical tweet of the night was, however, by one Melissa Grant which, for some reason, blasted Reason magazine for being tribal without reading the article at all, without for a moment dwelling on the irony of the situation. It was comical, except for the totalitarian Stalinist impulse displayed therein. The list is endless. What was evidently a setup by a bunch of activists got out dormant animalistic savagery against teenagers, some of them perhaps on their first-ever trip to the nation's capital, swept away and wondering what went wrong as they headed back home, and trying to comprehend the fleeting insanity of so many bigoted adult strangers online, some with their own kids of the same age, hating on them and desiring their blood. Whatever comes out of this will be a defining moment for all those kids and their families and the institutions that failed to protect or even stand behind them, including and especially their own Catholic diocese. This signifies reprehensible logic, and almost no such scenario ends peacefully. Wearing MAGA hats, of course, does not automatically makes someone evil, yet almost half of the country's population (not unlike Brexiteers here in the United Kingdom) are considered such. A hat is fundamentally not a symbolic show of audacity, nor is it barred in public spheres, or a call for abuse, physical or verbal, as well as direct action and counter-activism. It is simply a choice of apparel that denotes someone's political preference, and he or she should be allowed to, because that is the sign of a healthy democracy. Nor is people attending a March for Life itself scandalous. This march numerically dwarfed the Women's March, but got one-tenth of the media coverage—perhaps a case study of media bias, and a sign of why polls and predictions fail so miserably. But let's take the original argument and reverse it. The logical endgame of "you are wearing this hat, and therefore you should expect what's coming" is practically indistinguishable to a gangster's demand. Nice hat you got there, shame if anything happens to your head. What if this were framed in the reverse? By the same logic, a gun-toting militia man can march on and bang drums in front of anyone wearing a p-ssy hat, or verbally abuse anyone in a protest wearing black, because black denotes the colour of Antifa? Dox and threaten school kids because their parents are in Women's March? Is this the road to the future? Frankly, this is what it boils down to. If one side wears something, or says, writes, draws, argues or attempts something that hurts the other side's highly delicate sensibilities, then the other side considers itself free to take direct action, abuse, and consider the former as an enemy. When politics is dragged to streets, and everything is personal, there can be no coexistence, as everyone opposed to your political position is portrayed like Mussolini. And one cannot arguably coexist with Mussolini and his brown shirts. Nothing affects me more than seeing innocent people being bullied for their political choices by totalitarians who hold the cultural power and dominate the discourse. As I finish writing, I feel just a bleak, doom-filled disappointment. Those Covington school children did not deserve this for exercising their democratic rights, and taking a fun-filled trip. But hey, you don't choose your war.
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29 Listings Match Your Criteria Price (high-low) Price (low-high) City Area Sq. Ft. Status save search save search 474 Minnehaha Avenue WSaint Paul,MN 55103U.S.A. CommercialMLS#: 6215746 Courtesy Of Metro East Commercial Real Estate 468 University Avenue WSaint Paul,MN 55103U.S.A. Courtesy Of Caspian Group 1016 Stinson StreetSAINT PAUL,MN 55103U.S.A. Multi-Family3,200 sqft MLS#: 6228561 Courtesy Of Realty Group LLC 1023 Topping StreetSAINT PAUL,MN 55103U.S.A. 3 BD 2 BA Single Family1,200 sqft MLS#: 6308854 Courtesy Of Gene Bassett Realty Inc 519 Farrington StreetSAINT PAUL,MN 55103U.S.A. Courtesy Of Real Broker, LLC Status: Contract Pending 1017 Front AvenueSaint Paul,MN 55103U.S.A. Courtesy Of Northco Real Estate Services 227 Fuller AvenueSAINT PAUL,MN 55103U.S.A. Courtesy Of Keller Williams Classic Realty 489 Sherburne AvenueSAINT PAUL,MN 55103U.S.A. Courtesy Of Bridge Realty, LLC 678 Arundel StreetSAINT PAUL,MN 55103U.S.A. 681 Front AvenueSAINT PAUL,MN 55103U.S.A. Courtesy Of RE/MAX Professionals Courtesy Of RE/MAX Results Garth Johnson is licensed in the state of Minnesota. The data relating to real estate for sale on this web site comes in part from the Broker ReciprocitySM Program of the Regional Multiple Listing Service of Minnesota, Inc. Real estate listings held by brokerage firms other than Garth Johnson are marked with the Broker Reciprocity thumbnail logo (a little black house) and detailed information about them includes the name of the listing brokers. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Garth Johnson is not a Multiple Listing Service (MLS), nor does it offer MLS access. This website is a service of Garth Johnson, a broker Participant of the Regional Multiple Listing Service of Minnesota, Inc. Open House information is subject to change without notice. The listings of some real estate brokerage firms have been excluded. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices and counter-notices should be sent in writing by mail to Michael Bisping, Director, Customer Relations, Regional Multiple Listing Service of Minnesota, Inc, 2550 University Avenue West, Suite 259S, Saint Paul, MN 55114 or by email to [email protected]. Questions can be directed by phone to 651-251-3200. The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above information may result in the delay of the processing of your complaint. Copyright© 2023 Regional Multiple Listing Service of Minnesota, Inc. All Rights Reserved. Last Updated On: 2/1/2023 10:34:33 AM
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"chris jasperse nfl" Chris Jasperse Nfl · In Celebrities, Rock Stars Chris Jasper Net Worth is .. Christopher H. "Chris" Jasper (born December 30, 1951, Cincinnati, Ohio) is a former member of both the Isley Brothers and Isley-Jasper-Isley. He is also a successful solo artist and record producer, recording a number of his own solo albums, and prod... Chris Jasper Net Worth is . Chris Jasper Net Worth is . Christopher H. "Chris" Jasper is a former member of both the Isley Brothers and Isley-Jasper-Isley. He is also a successful solo artist and record producer, recording a number of his own solo albums, and producing artists, for his New York based record label, Gold City Records. His keyboard and Moog synthesizer work was a primary ingredient of the Isley Brothers sound of the 1970s and 1980s. Jasper is a classically trained musician and composer. He studied at the Juilliard School of Music in New York City and received a degree in music composition from C.W. Post, Long Island University, New York, where he studied with the jazz pianist and composer, Billy Taylor. After having jammed with neighborhood teenagers Ernie and Marvin Isley, and being added on as a brother-in-law after Isley Brothers member Rudolph married Jasper's sister Elaine, he was added to Ernie and Marvin's older brothers' band, The Isley Brothers, in 1969. Jasp... Read more about chris jasperse nfl Chris Jasper Latest News Mariah Carey, The Neptunes, Eurythmics, The Isley Brothers Named To Songwriters Hall Of Fame Others joining the Songwriters Hall at this year's 6/11 ceremony in New York include synth-pop legends Eurythmics (Annie Lennox and Dave Stewart), soul-funk-R&B heroes the Isley Brothers (specifically ... Mariah Carey to be inducted into Songwriters Hall of Fame Other songwriters being inducted include The Isley Brothers (Ernie, Marvin, O'Kelly, Ronald, and Rudolph) and their longtime collaborator Chris Jasper, Rick Nowels, and William "Mickey" Stevenson. "I ... South Salem's Chris Jasper, Former Isley Brother, Continues to Top Charts Two decades later, the group added three more members, which included younger brothers, Ernie and Marvin Isley, and Chris Jasper, brother-in-law of Rudolph. During Jasper's 12 years in the group, the ... Posted: May 4, 2018, 2:45 pm Tina Van Solinge She is preceded in death by her husband of 50 years Jasper Van Solinge and daughter Remmeltine Van Solinge. Tina is survived by her sons Rudy Van Solinge and wife Chris, Jasper Van Solinge and wife ... Posted: July 8, 2019, 10:07 pm Christopher H. Jasper (born December 30, 1951, Cincinnati, Ohio) is an American singer, composer, and producer. Jasper is a former member of the Isley Brothers and Isley-Jasper-Isley and is ... Chris Jasper, Chris Jasper 2014, Chris Jasper Age, Chris Jasper Bio, Chris Jasper Bloomberg, Chris Jasper Caravan Of Love, Chris Jasper Country, Chris Jasper Date Of Birth, Chris Jasper Earnings, Chris Jasper Ethnicity, Chris Jasper Facebook, Chris Jasper Gossips, Chris Jasper Height, Chris Jasper History, Chris Jasper Home Town, Chris Jasper Images, Chris Jasper Income, Chris Jasper Insurance, Chris Jasper Interview, Chris Jasper Isley, Chris Jasper Isley Brothers, Chris Jasper Job, Chris Jasper Kpmg, Chris Jasper Married, Chris Jasper Nationality, Chris Jasper Net Worth, Chris Jasper Networth, Chris Jasper New Cd, Chris Jasper News, Chris Jasper Obituary, Chris Jasper Of The Isley Brothers, Chris Jasper Partner, Chris Jasper Place Of Birth, Chris Jasper Rumors, Chris Jasper Salary, Chris Jasper Secrets, Chris Jasper Songs, Chris Jasper State Farm, Chris Jasper Superbad, Chris Jasper The One Lyrics, Chris Jasper The One Mp3, Chris Jasper Videos, Chris Jasper Weight, Chris Jasper Wife, Chris Jasper Youtube, Chris Jasperse, Chris Jasperse Bengals, Chris Jasperse Draft, Chris Jasperse Marshall, Chris Jasperse Nfl, Chris Jasperse Nfl Combine, Chris Jasperse Nfl Draft, Chris Jasperse Pro Day, Chris Jasperse Rivals, Chris Jasperson, How Much Is Chris Jasper Earnings, How Much Is Chris Jasper Income, How Much Is Chris Jasper Net Worth, How Much Is Chris Jasper Salary, How Much Is Chris Jasper Worth, Who Is Chris Jasper, Patricia Velasquez Net Worth Cristina Piaget Net Worth Casey Reinhardt Net Worth Natalia Siwiec Net Worth Nicole Coco Net Worth Ryan Seacrest Net Worth David Koch Net Worth Nicole Murphy Net Worth Priya Rai Net Worth
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Q: Как обновить состояние ListView, если список изменяется в другом виджете? Никак не могу понять, что мне нужно сделать, чтобы обновить состояние ListView. Вот есть следующий код. floatingActionButton: ComposeButton(future), Здесь добавляется элемент в список, причем данные видно в MessageList, если вывести список, то в нем есть новые элементы но ListView не меняется состояние, потому что новый элемент в приложении не отображается Я уже пытался передавать 2 списка в composebutton менять там состояние. Не помогло Подскажите, что я могу сделать? PS. Весь проект тут, если понадобится протестировать у себя MessageList.dart - запускается в main import 'package:email_clinet/ComposeButton.dart'; import 'package:email_clinet/Message.dart'; import 'package:flutter/foundation.dart'; import 'package:flutter/material.dart'; import 'MesageDeatail.dart'; class MessagesList extends StatefulWidget { final String title; const MessagesList({Key key, this.title}) : super(key: key); @override State<StatefulWidget> createState() => _MessagesListState(); } class _MessagesListState extends State<MessagesList> { Future<List<Message>> future; List<Message> messages = []; initState() { super.initState(); fetch(); } void fetch() async { future = Message.browse(); messages = await future; } Widget build(BuildContext context) { return Scaffold( appBar: AppBar( title: Text(widget.title), actions: [ IconButton( icon: Icon(Icons.refresh_sharp), onPressed: () async { future = Message.browse(); var _messages = await future; setState(() { messages = _messages; }); }) ], ), body: FutureBuilder( future: future, builder: (BuildContext context, AsyncSnapshot snapshot) { switch (snapshot.connectionState) { case ConnectionState.none: case ConnectionState.waiting: case ConnectionState.active: return Center(child: CircularProgressIndicator()); case ConnectionState.done: if (snapshot.hasError) return Text("There was an error: ${snapshot.error}"); var messages = snapshot.data; return ListView.separated( key: Key(messages.length.toString()), separatorBuilder: (context, index) => Divider(), itemCount: messages.length, itemBuilder: (BuildContext context, int index) { Message message = messages[index]; return ListTile( title: Text(message.subject), isThreeLine: true, leading: CircleAvatar( child: Text("PJ"), backgroundColor: Colors.red[500], foregroundColor: Colors.black, ), subtitle: Text( message.body, maxLines: 2, overflow: TextOverflow.ellipsis, ), onTap: () { Navigator.push( context, MaterialPageRoute( builder: (BuildContext context) => MessageDeatail(message.subject, message.body), ), ); }, ); }, ); } }, ), floatingActionButton: ComposeButton(future), // <-- Вот тут изменяется состояние списка ); } } ComposeButton.dart import 'package:flutter/material.dart'; import 'Message.dart'; import 'MessageCompose.dart'; class ComposeButton extends StatelessWidget { final Future future; ComposeButton([this.future]); List<Message> messages; List<Message> get getMessages => messages; @override Widget build(BuildContext context) { return FloatingActionButton( child: Icon(Icons.add), onPressed: () async { Message message = await Navigator.push( context, MaterialPageRoute( builder: (BuildContext context) => MessageCompose(), ), ); if (message != null) { messages = await future; messages.add(message); Scaffold.of(context).showSnackBar( SnackBar( content: Text( "Your message has been sent", style: TextStyle(color: Colors.black), ), backgroundColor: Colors.grey, ), ); } }, ); } }```
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Which are the best cheap JDM cars to buy in 2020? Pubblicato il 30 Marzo 2020 di Yuk4woo In the latest years, we literally saw an explosion of the "JDM culture", which now isn't related anymore just to petrol-smelling meets in some supermarket's parking lots, but has become one of the trends in the modern car culture, thanks to the influence of YouTube and of the now legendary (remember when everyone hated it?) Fast and Furious: Tokyo Drift. Because of that, many modern petrolheads have left behind supercars or hot hatches: all they want now is a Bomex Toyota Supra, a Z-Tune Skyiline GTR R34 or a Veilside Mazda RX7. This implies that prices of this type of cars, which became famous because they were cheaper than European sports cars, have now skyrocketed, reaching astonishing sums. 100K Supras or 200K Skylines aren't nightmares anymore: they are real, and they are sold at the same auction as Aston Martins, Porsches and Bentleys. But, is it still possible to buy a JDM car for a reasonable price? Let's find out. @alejandrojose12 We all dream about driving a sports car, flooring the gas pedal to the ground while the head is pushed hardly on the seat and the ears are deafened by the exhaust's roar, but in everyday life, we aren't on a paradisiac highway without speed limits, and "mpg" are often more important than "mph" (for metric system enthusiasts, they are km/l and km/h). So, other than performances, we have to think about fuel economy, and that's why many of us give up before buying their dream car. But, can it exist a sports car that doesn't spit too rapidly all your money out of the exhaust when you go to the groceries, and also capable of great performance? In 1983, Honda engineers came up with an idea: an engine with variable valve control system, that thanks to two different camshafts, of which the first comes into action at low revs, while the second begins to work when the car approaches the redline, making the valves to remain opened for a longer time, thus to allow more fuel to enter the combustion chamber, increasing performance. The first V-Tec-engined vehicle was a motorbike, the Honda CBR400, but luckily since 1987 this technology has been applied also on the car world, giving birth to a great hot hatch, the 1.6, 150hp Honda Civic, and it's coupe version, the brilliant CRX 1.6Vt. This car, in 1987, was able to overtake the hot hatches that were populating European roads in that period: the Ford Fiesta RS and the Peugeot 205 GTI 1.9 both had 130 hp, while the CRX had 150. It wasn't just faster: it was also better looking, because while the other hot hatches of the period were boxy and rude, the CRX looked like an aerodynamic coupe, even if they were all based on the same type of cars. CRXs are available all over the world at quite low prices, because it hasn't become (yet) a "youngtimer " as the BMW M3 E30 or the Lancia Delta Integrale. Maintenance has to be done in order to keep those machines on the road, but thanks to its success, it's not hard to find eventual spare parts. The Sir version THE REAL JDM: for the Japanese Domestic Market, Honda made a "spicier" version of the CRX, calling it the "SiR". It's got the same V-Tec as the 1.6Vt, but it's got 10 extra hp, and is only available RHD. Nissan 300ZX (Z32) Rob King A JDM car can be considered cool even if it wasn't featured in one of the first three chapters of the Fast and Furious saga, but not everyone has realized it yet. So, while the "stars" from the street racing era of the most famous car franchise in the world are being sold for astonishing prices, other brilliant cars of the same type are being auctioned for discount prices. It happens for example to the second generation of the Nissan 300ZX, sports car, if not supercar, that was very overlooked in the 90's, but now it's been forgotten. The Le Mans winning car Picture: The359 The premise, however, is good: a 3.0 V6, available naturally aspirated or with a Garret twin turbo, which moves a coupe with futuristic lines. It's CV is also interesting: in 1990, a limited edition 300ZX became the 3rd fastest production car in the world, and in 1994 it won in its class at the 24H of Le Mans, being banned after that because the twin turbo made it too powerful. Car and Driver for 7 consequent years has included it into its "car of the year" list, while Motor Trend classified it as the best import car in the 1990s. Despite all this, it hasn't become yet part of the JDM dream for the new generation of enthusiasts, but this makes it cheaper and easier to buy one. The prices all over the world are very different, but keep in mind that the most expensive stock 300ZX in the world sold for just 50K at a recent auction. It's still a car, not an investment, but things will probably change. However, maintenance isn't very cheap, because it's got one of the most complex electronics of the 1990s, and spare parts aren't cheap. The more you spend buying it, the less you will spend in order to keep it running. Fun fact: its front headlights have been borrowed by Lamborghini to replace the pop-up lights on their restyled Diablo, covering the word "Nissan" with a piece of carbon fibre. The Version R THE REAL JDM: for the Japanese Domestic Market only, Nissan made the "Version S", a 300ZX with an angrier front bumper, rear spoiler, BBS wheels and new taillights (playable in Forza Horizon 4), and the "Version R", an even rarer and hardcore version, with carbon fibre in the interiors and Recaro seats (star in the first Gran Turismos). All of them are RHD, and just a few have been exported via grey market. @carter.rx The Wankel engine is an innovative technology, created in order to offer the same power as a classical engine with cylinders, but with reduced weight, displacement, vibrations and emissions. Author: Y_tambe The way it works is easily explained: a rotor with three lobes rotates into its apposite chamber, making cycles of intake, compression, combustion and exhaust. In the rotor's center, there's a pinion, which transfers the momentum to the crankshaft. Many producers have tried to use it, attracted by the advantages that his "father", Felix Wankel, declared. Citroen, Mercedes-Benz, Chevrolet, AMC, Suzuki and Alfa Romeo all made long tests in order to study its strength, creating prototypes as the Mercedes C111, but then they all gave up in front of this motor's disadvantages: the lubricating oil couldn't work at its best in this type of engine, and this often caused premature wear. The only car maker that kept this technology alive until 2010 (and now wants to revive it) it's Mazda, a brand which through its history has always had some moments of "engineering craziness". In facts, they trusted in the Wankel at the point that not only they used it to move their sports cars, but also to win a Le Mans, with the 787B. The last car with an engine of this type is the Mazda RX-8, a Japanese sports car that is a concentrate of oddness: the engine is unconventional, and the doors are too: the first two are standard doors, but the other 2 are tiny "suicide doors", which transform the car in a 2+2. Christian Geischeder It was offered all over the world in many different versions, with power output between 192 and 231 hp, and with manual or automatic transmission, but not all the versions have been avaiable all over the world. Engine Transmission Avaiable in: 1.3 Renesis 13B-MSP 192 hp (141 kW) Manual, 5 speed Everywhere, except America and Southern Europe 1.3 Renesis 13B-MSP 192 hp (141 kW) Automatic, 4 speed Asia, Australia, Eastern Europe 1.3 Renesis 13B-MSP 215 CV (158 kW) Automatic, 4 or 6 speed America 1.3 Renesis 13B-MSP 218 CV (160 kW) Manual, 5 speed Asia, Australia, America, Eastern Europe 1.3 Renesis 13B-MSP 218 CV (160 kW) Automatic, 4 speed Asia, Australia, Eastern Europe 1.3 Renesis 13B-MSP 231 CV (170 kW) Manual, 6 speed Europe and Asia The thoughts about this car are all very similar: many enthusiasts love the way it drives, its agility and the fact that it's also drivable in everyday life, but they all admit that the reliability of the engine is its biggest issue, even if it's the most refined and modern rotative engine of them all. "consumi pessimi, brucia olio" Foto: Surreal Name Given Because of this reputation, it's possible to buy one with city-car money. Again, the more you'll spend to buy it, the less you'll spend to maintain it: if it has been mistreated or heavily tuned, it may be cheap to buy, but to keep it on the road must be a nightmare. Many RX-8 have been abandoned all over the world because of engine issues, so keep an eye opened while you are looking at a very cheap one. However, if the engine's fine, you can sleep well at night: the rest of the car is reliable, and if something breaks, remember that a total of 193.094 RX8s have been sold all over the world, so spare parts aren't rare or expensive in many countries. THE REAL JDM: for the Japanese Domestic Market only, Mazda built a very special version of the RX-8, to celebrate its career before the end of the production: the Spirit R. Those last 2000 cars were intended to be track-focused, and so they have been fitted with racing suspensions from Blistenin, a racing-inspired oil pump, doors and trunk made out of aluminium and Recaro racing seats. At the beginning of this project, Mazda said that only 1000 would have been available, but Japanese enthusiasts protested so much that it was later decided to double that number. Greg Gjerdingen The "Z" in the name of a Nissan is the equivalent of an "M" in a BMW or for a "RS" in an Audi: it stands for performance, joy to drive and, of course, passion. The first "Z-car" was the Datsun 240Z, a coupe that back in the 70s was really appreciated because it was cheaper and simpler that its European rivals, and lighter than Americans, the perfect recipe to have success in that period. And, in facts, it soon became a legend. It's successor, the Nissan 300ZX, was totally antithetical: it was luxurious, powerful, heavy and quite expensive, especially at the end of its career. It was a great car, very welcomed by the public of the 90s, but the adepts of the "Z" god thought it was not worthy that very special letter; they wanted a small, light, cheap coupe, to bring back the dynasty to its original philosophy. Nissan answered in 1999, showing a new concept car inspired directly to the ancient 240Z. Zach87 The public gave an unanimous answer: "We like it, but we want something new". If it had happened today, we would have been submerged by photoshops of the new car with a front end identical to the old one, followed by the title: "we redesigned the new Z: here's why it looks way better now than the actual new car", just as it happened with the Supra. In July 2002 finally arrived the final version of the car everyone was waiting: a new coupe, agile and light, with a modern style and a simple but powerful engine, the VQ35DE V6 from the upper class of the Nissan medium-sized sedans hierarchy. This new car was called "350Z", following the same logic that created the name "240Z": first two numbers from the engine's name, followed by a zero and the mythical "Z". It was, as you know, a success: just in the first two years of production, Nissan sold 50.000 cars in the USA, while the waiting list was becoming longer and longer. In the early 2000s, sports cars were not just made to show-off the producer's ability, they were intended to make money. So, in order to keep it competitive, Nissan continued to renew their coupe, introducing the spider version, more modern interiors, new engines and even a long list of special editions. johnny_nissan Many countries have been affected by the "Z-mania", making this car easy to find, not expensive to buy and quite cheap to maintain, thanks to the abundance of spare parts. Buying a 350Z is way easier than buying an RX-7, a Supra or a 240SX, and this makes it one of the best JDM cars to buy in 2020. THE REAL JDM: in 2007, for your Japanese's eyes only, Nissan created a limited edition composed of just 300 cars of the 350Z, extremely track-focused. It was, in facts, a road-legal version of the car Nismo used to race in many GT cars competitions, and so it had 350CV, a NISMO badge and an evocative name: Type 380RS. Buying one will transform you in the king of the JDM meet, and also your bank's best friend. English, Honda, JDM, Mazda, Nissan, Style, Tuning, Yuk4woo road test, Yuk4woo stories, Yuk4woo top tens best jdm cars to buy in 2020, Best JDM in 2020, Cheap JDM cars 2020, Cheap jdm cars to buy in 2020, cheap sports cars in 2020, cheap sportscars in 2020, Cheapest JDM cars 2020, Mazda RX8 production numbers, Rarest JDM cars, VTEC, Which JDM to buy in 2020 Le migliori vetture JDM economiche acquistabili oggi in Italia. 6 colpi di genio che hanno cambiato il mondo dell'Automobile.
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Influence of A-site cation disorder on structural and magnetocaloric properties of Nd0.7–xLaxSr0.3MnO3 (x=0.0, 0.1, 0.2 & 0.3) Vadnala, S and Pal, Prem and Asthana, S (2015) Influence of A-site cation disorder on structural and magnetocaloric properties of Nd0.7–xLaxSr0.3MnO3 (x=0.0, 0.1, 0.2 & 0.3). Journal of Rare Earths, 33 (10). pp. 1072-1080. ISSN 1002-0721 In the present research, the influence of A-site ionic size disorder on structural, magnetic and magnetocaloric properties of Nd0.7–xLaxSr0.3MnO3 (for x=0.0, 0.1, 0.2 & 0.3) compounds were investigated. These compounds were synthesized by solid state reaction route and crystallized in orthorhombic structure with Pnma space group. An average ionic radius <rA> increased with La-substitution which influenced the physical properties such as the magnetic entropy varying from 4.78 J/kg·K (for x=0.0) to 3.55 J/kg·K (for x=0.3) and the maximum magnetization at 5 K changing from 3.92 μB (for x=0.0) to 3.59 μB (for x=0.3). The change in maximum magnetic entropy decreased with increase of A-site average ionic radius. The decrease in magnetic entropy indicated the suppression of lattice disorder that influenced the spin-lattice coupling. The ferromagnetic transition temperature shifted toward room temperature with La substitution. As <rA> increased, the phase transition changed from first order (for x=0.0) to second order (for x≥ 0.1) and the refrigeration capacity increased to a significant level. The modest change in magnetic entropy over a wide range of transition temperature might be useful for future active magnetic refrigeration technology. Pal, Prem UNSPECIFIED Asthana, Saket http://orcid.org/0000-0002-6420-3304 manganites; magnetocaloric effect; relative cooling; Curie temperature; rare earths Others > Metallurgy OA policy: http://www.sherpa.ac.uk/romeo/issn/1002-0721/
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<< Previous TITLE 7 / CHAPTER 26 Next >> 7 USC Ch. 26: AGRICULTURAL ADJUSTMENT From Title 7—AGRICULTURE CHAPTER 26—AGRICULTURAL ADJUSTMENT SUBCHAPTER I—DECLARATION OF CONDITIONS AND POLICY Declaration of conditions. Declaration of policy; establishment of price basing period; marketing standards; orderly supply flow; circumstances for continued regulation. SUBCHAPTER II—COTTON OPTION CONTRACTS Government owned cotton; transfer to Secretary of Agriculture; powers of Secretary. Borrowing money; expenditures; authority of Secretary. Sale by Secretary; additional options; validation of assignments; publication of information. SUBCHAPTER III—COMMODITY BENEFITS Powers of Secretary. Enforcement of chapter. 608a–1. Marketing agreements; exemption from antitrust laws; inspection requirements for handlers not subject to agreements. 608c–1. Books and records. 608e–1. Import prohibitions on specified foreign produce. Processing tax; methods of computation; rate; what constitutes processing; publicity as to tax to avoid profiteering. "Basic agricultural commodity" defined; exclusion of commodities. Appropriation; use of revenues; administrative expenses. 612a, 612b. Omitted. Appropriation to encourage exportation and domestic consumption of agricultural products. Authorization for appropriations to increase domestic consumption of surplus farm commodities. Technical support to exporters and importers of United States agricultural products; scope of support provided by Department of Agriculture. Purchase of specialty crops. Section 612c funds for purchase of fruits, vegetables, and nuts to support domestic nutrition assistance programs. Domestic food assistance programs. Termination date; investigations and reports. Refunds of tax; exemptions from tax; compensating tax; compensating tax on foreign goods; covering into Treasury. Stock on hand when tax takes effect or terminates. Refund on goods exported; bond to suspend tax on commodity intended for export. Existing contracts; imposition of tax on vendee; collection. Collection of tax; provisions of internal revenue laws applicable; returns. Cotton tax, time for payment. Falsely ascribing deductions or charges to taxes; penalty. Machinery belting processed from cotton; exemption from tax. Actions relating to tax; legalization of prior taxes. Limitation on imports; authority of President. Import inventory. Dairy forward pricing pilot program. SUBCHAPTER IV—REFUNDS 641 to 659. Omitted. §601. Declaration of conditions It is declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce. (May 12, 1933, ch. 25, title I, §1, 48 Stat. 31; June 3, 1937, ch. 296, §§1, 2(a), 50 Stat. 246.) Constitutionality For information regarding constitutionality of act May 12, 1933, and act Aug. 24, 1935, cited throughout this chapter, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States. Short Title of 2006 Amendment Pub. L. 109–215, §1, Apr. 11, 2006, 120 Stat. 328, provided that: "This Act [amending section 608c of this title and enacting provisions set out as notes under section 608c of this title] may be cited as the 'Milk Regulatory Equity Act of 2005'." Act June 16, 1933, ch. 90, title I, §8(a), 48 Stat. 199, provided in part that title I of act May 12, 1933, which is classified to this chapter, may for all purposes be referred to as the "Agricultural Adjustment Act." Validity of Certain Sections Affirmed Act June 3, 1937, ch. 296, §§1, 2, 50 Stat. 246, provided as follows: "The following provisions of the Agricultural Adjustment Act, as amended, not having been intended for the control of the production of agricultural commodities, and having been intended to be effective irrespective of the validity of any other provision of that Act are expressly affirmed and validated, and are reenacted without change except as provided in section 2: "(a) Section 1 (relating to the declaration of emergency [this section]): "(b) Section 2 (relating to declaration of policy [section 602 of this title]): "(c) Section 8a(5), (6), (7), (8), and (9) (relating to violations and enforcement [section 608a(5), (6), (7), (8), and (9) of this title]); "(d) Section 8b (relating to marketing agreements [section 608b of this title]); "(e) Section 8c (relating to orders [section 608c of this title]); "(f) Section 8d (relating to books and records [section 608d of this title]); "(g) Section 8e (relating to determination of base period [former section 608e of this title]); "(h) Section 10(a), (b)(2), (c), (f), (g), (h), and (i) (miscellaneous provisions [section 610(a), (b)(2), (c), (f), (g), (h), and (i) of this title]); "(i) Section 12(a) and (c) (relating to appropriation and expenses [section 612(a) and (c) of this title]); "(j) Section 14 (relating to separability [section 614 of this title]); "(k) Section 22 (relating to imports [section 624 of this title]). "Sec. 2. The following provisions, reenacted in section I of this act, are amended as follows: * * * [sections 601, 602(1), 608a(6), 608c(5)(B)(d), (6)(B), (6)(B)(18), (19), 610(c), (f), 612(a) of this title]." Section 2 of act June 3, 1937, also added subsec. (j) to section 610. Section 2 of act June 3, 1937, was amended by act Aug. 5, 1937, ch. 567, 50 Stat. 563, which amending act provided for amendments to subsecs. (2) and (6) of section 608c of this title. §602. Declaration of policy; establishment of price basing period; marketing standards; orderly supply flow; circumstances for continued regulation It is declared to be the policy of Congress— (1) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for agricultural commodities in interstate commerce as will establish, as the prices to farmers, parity prices as defined by section 1301(a)(1) of this title. (2) To protect the interest of the consumer by (a) approaching the level of prices which it is declared to be the policy of Congress to establish in subsection (1) of this section by gradual correction of the current level at as rapid a rate as the Secretary of Agriculture deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and (b) authorizing no action under this chapter which has for its purpose the maintenance of prices to farmers above the level which it is declared to be the policy of Congress to establish in subsection (1) of this section. (3) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such production research, marketing research, and development projects provided in section 608c(6)(I) of this title, such container and pack requirements provided in section 608c(6)(H) of this title 1 such minimum standards of quality and maturity and such grading and inspection requirements for agricultural commodities enumerated in section 608c (2) of this title, other than milk and its products, in interstate commerce as will effectuate such orderly marketing of such agricultural commodities as will be in the public interest. (4) Through the exercise of the powers conferred upon the Secretary of Agriculture under this chapter, to establish and maintain such orderly marketing conditions for any agricultural commodity enumerated in section 608c(2) of this title as will provide, in the interests of producers and consumers, an orderly flow of the supply thereof to market throughout its normal marketing season to avoid unreasonable fluctuations in supplies and prices. (5) Through the exercise of the power conferred upon the Secretary of Agriculture under this chapter, to continue for the remainder of any marketing season or marketing year, such regulation pursuant to any order as will tend to avoid a disruption of the orderly marketing of any commodity and be in the public interest, if the regulation of such commodity under such order has been initiated during such marketing season or marketing year on the basis of its need to effectuate the policy of this chapter. (May 12, 1933, ch. 25, title I, §2, 48 Stat. 32; Aug. 24, 1935, ch. 641, §§1, 62, 49 Stat. 750, 782; June 3, 1937, ch. 296, §§1, 2(b), 50 Stat. 246, 247; Aug. 1, 1947, ch. 425, §1, 61 Stat. 707; July 3, 1948, ch. 827, title III, §302(a), 62 Stat. 1257; Aug. 28, 1954, ch. 1041, title IV, §401(a), 68 Stat. 906; Pub. L. 87–128, title I, §141(1), Aug. 8, 1961, 75 Stat. 303; Pub. L. 89–330, §1(a), Nov. 8, 1965, 79 Stat. 1270; Pub. L. 91–292, §1(1), June 25, 1970, 84 Stat. 333.) 1970—Subsec. (3). Pub. L. 91–292 inserted authority to establish and maintain the production research, marketing research, and development projects provided in section 608c(6)(I) of this title. 1965—Subsec. (3). Pub. L. 89–330 inserted "such container and pack requirements provided in section 608c(6)(H) of this title". 1961—Subsec. (5). Pub. L. 87–128 added subsec. (5). 1954—Subsec. (4). Act Aug. 28, 1954, added subsec. (4). 1948—Subsec. (1). Act July 3, 1948, made definition of "parity" conform to definition stated in section 1301(a)(1) of this title. 1947—Subsec. (3). Act Aug. 1, 1947, added subsec. (3). 1937—Act June 3, 1937, inserted "orderly marketing conditions for agricultural commodities in interstate commerce as will establish" before "as the prices to farmers". 1935—Subsec. (1). Act Aug. 24, 1935, ch. 641, §1, amended first sentence and act Aug. 24, 1935, ch. 641, §62, amended second and third sentences. Subsec. (2). Act Aug. 24, 1935, amended subsec. (2). Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title. Validity of Section Affirmed Section 1 of act June 3, 1937, affirmed and validated, and reenacted without change the provisions of this section except for the amendment to subsec. (1) by section 2 of said act. See note set out under section 601 of this title. 1 So in original. Probably should be followed by a comma. §603. Government owned cotton; transfer to Secretary of Agriculture; powers of Secretary The Farm Credit Administration and all departments and other agencies of the Government, not including the Federal intermediate credit banks are directed— (a) To sell to the Secretary of Agriculture at such price as may be agreed upon, not in excess of the market price, all cotton now owned by them. (b) To take such action and to make such settlements as are necessary in order to acquire full legal title to all cotton on which money has been loaned or advanced by any department or agency of the United States, including futures contracts for cotton or which is held as collateral for loans or advances and to make final settlement of such loans and advances as follows: (1) In making such settlements with regard to cotton, including operations to which such cotton is related, such cotton shall be taken over by all such departments or agencies other than the Secretary of Agriculture at a price or sum equal to the amounts directly or indirectly loaned or advanced thereon and outstanding, including loans by the Government, department or agency and any loans senior thereto, plus any sums required to adjust advances to growers to 90 per centum of the value of their cotton at the date of its delivery in the first instance as collateral to the department or agency involved, such sums to be computed by subtracting the total amount already advanced to growers on account of pools of which such cotton was a part, from 90 per centum of the value of the cotton to be taken over as of the time of such delivery as collateral, plus unpaid accrued carrying charges and operating costs on such cotton, less, however, any existing assets of the borrower derived from net income, earnings, or profits arising from such cotton, and from operations to which such cotton is related; all as determined by the department or agency making the settlement. (2) The Secretary of Agriculture shall make settlements with respect to cotton held as collateral for loans or advances made by him on such terms as in his judgment may be deemed advisable, and to carry out the provisions of this section, is authorized to indemnify or furnish bonds to warehousemen for lost warehouse receipts and to pay the premiums on such bonds. When full legal title to the cotton referred to in this subsection has been acquired, it shall be sold to the Secretary of Agriculture for the purposes of this section, in the same manner as provided in subsection (a). (c) The Secretary of Agriculture is authorized to purchase the cotton specified in subsections (a) and (b). (May 12, 1933, ch. 25, title I, §3, 48 Stat. 32; 1933 Ex. Ord. No. 6084, Mar. 27, 1933.) Ex. Ord. No. 6084, set out as a note preceding section 2241 of Title 12, Banks and Banking, changed the name of "Federal Farm Board" to "Farm Credit Administration". Ex. Ord. No. 9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex. Ord. No. 9334, Apr. 19, 1943, 8 F.R. 5423, removed Farm Credit Administration from Food Production Administration of Department of Agriculture and returned it to its former status as a separate agency of Department. Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10179, made Farm Credit Administration a part of Food Production Administration of Department of Agriculture. Farm Credit Administration transferred to Department of Agriculture by 1939 Reorg. Plan No. 1, §401, 4 F.R. 2727, 53 Stat. 1423, set out in the Appendix to Title 5, Government Organization and Employees. Exceptions From Transfer of Functions Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Farm Credit Administration Establishment of Farm Credit Administration as independent agency, and other changes in status, functions, etc., see section 2241 et seq., of Title 12, Banks and Banking. §604. Borrowing money; expenditures; authority of Secretary (a) The Secretary of Agriculture shall have authority to borrow money upon all cotton in his possession or control and may, at his discretion, deposit as collateral for such loans the warehouse receipts for such cotton. (b) The Secretary of the Treasury is authorized to advance, in his discretion, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000, to the Secretary of Agriculture, for paying off any debt or debts which may have been or may be incurred by the Secretary of Agriculture and discharging any lien or liens which may have arisen or may arise pursuant to sections 603, 604, and 607 of this title, for protecting title to any cotton which may have been or may be acquired by the Secretary of Agriculture under authority of said sections, and for paying any expenses (including, but not limited to, warehouse charges, insurance, salaries, interest, costs, and commissions) incident to carrying, handling, insuring, and marketing of said cotton and for the purposes described in subsection (e) of this section. This sum shall be available until the cotton acquired by the Secretary of Agriculture under authority of this chapter including cotton futures, shall have been finally marketed by any agency which may have been or may be established by the Secretary of Agriculture for the handling, carrying, insuring, or marketing of any cotton acquired by the Secretary of Agriculture. (c) The funds authorized by subsection (b) of this section shall be made available to the Secretary of Agriculture from time to time upon his request and with the approval of the Secretary of the Treasury. Each such request shall be accompanied by a statement showing by weight and average grade and staple the quantity of cotton held by the Secretary of Agriculture and the approximate aggregate market value thereof. (d) It is the purpose of subsections (b) and (c) to provide an alternative method to that provided by subsection (a), for enabling the Secretary of Agriculture to finance the acquisition, carrying, handling, insuring, and marketing of cotton acquired by him under authority of section 603 of this title. The Secretary of Agriculture may at his discretion make use of either or both of the methods provided in this section for obtaining funds for the purposes hereinabove enumerated. (e) The Secretary of Agriculture is authorized to use in his discretion any funds obtained by him pursuant to the provisions of subsection (a) or (b) of this section for making advances to any agency which may have been or may be established by the Secretary of Agriculture for the handling, carrying, insuring, or marketing of any cotton acquired by the Secretary of Agriculture, to enable any such agency to perform, exercise, and discharge any of the duties, privileges, and functions which such agency may be authorized to perform, exercise, or discharge. (f) The proceeds derived from the sale of cotton shall be held for the Secretary of Agriculture by the Treasurer of the United States in a special deposit account and shall be used by the Secretary of Agriculture to discharge the obligations incurred under authority of sections 603, 604, and 607 of this title. Whenever any cotton shall be marketed the net proceeds (after discharge of other obligations incurred with respect thereto) derived from the sale thereof shall be used, to the extent required, to reimburse the Treasury for such portion of the funds hereby provided for as shall have been used, which shall be covered into the Treasury as a miscellaneous receipt. If when all of the cotton acquired by the Secretary of Agriculture shall have been marketed and all of the obligations incurred with respect to such cotton shall have been discharged, and the Treasury reimbursed for any and all sums which may have been advanced pursuant to subsection (b), there shall remain any balance in the hands of the Secretary of Agriculture, such balance shall be covered into the Treasury as miscellaneous receipts. The word "obligation" when used in this section shall include (without being limited to) administrative expenses, warehouse charges, insurance, salaries, interest, costs, commissions, and other expenses incident to handling, carrying, insuring, and marketing of said cotton. (May 12, 1933, ch. 25, title I, §4, 48 Stat. 33; June 19, 1934, ch. 648, title II, §1, 48 Stat. 1058; Aug. 24, 1935, ch. 641, §§35, 36, 49 Stat. 775.) 1935—Subsec. (b). Act Aug. 24, 1935, §35, struck out "to be available until March 1, 1936" after "$100,000,000" and inserted last sentence relating to availability of the sum of $100,000,000. Subsec. (f). Act Aug. 24, 1935, §36, inserted last par. defining "obligation". 1934—Subsec. (a). Act June 19, 1934, inserted "may in his discretion" after "or control and". Subsecs. (b) to (f). Act June 19, 1934, added subsecs. (b) to (f). §605. Repealed. June 30, 1947, ch. 166, title II, §206(d), 61 Stat. 208 Section, acts May 12, 1933, ch. 25, title I, §5, 48 Stat. 33; June 19, 1934, ch. 648, title II, §1, 48 Stat. 1059, related to loans from Reconstruction Finance Corporation and warehouse receipts as collateral. §606. Repealed. Aug. 24, 1935, ch. 641, §34, 49 Stat. 775 Section, act May 12, 1933, ch. 25, title I, §6, 48 Stat. 33, related to option contracts. §607. Sale by Secretary; additional options; validation of assignments; publication of information The Secretary shall sell cotton held or acquired by him pursuant to authority of this chapter at his discretion subject only to the conditions and limitations of this chapter: Provided, That the Secretary shall have authority to enter into option contracts with producers of cotton to sell to or for the producers such cotton held and/or acquired by him in such amounts and at such prices and upon such terms and conditions as he, the Secretary, may deem advisable, and such option contracts may be transferred or assigned in such manner as the Secretary of Agriculture may prescribe. Notwithstanding any provisions contained in option contracts heretofore issued and/or any provision of law, assignments made prior to January 11, 1934, of option contracts exercised prior to January 18, 1934, shall be deemed valid upon determination by the Secretary that such assignment was an assignment in good faith of the full interest in such contract and for full value and is free from evidence of fraud or speculation by the assignee. Notwithstanding any provision of existing law, the Secretary of Agriculture may, in the administration of this chapter, make public such information as he deems necessary in order to effectuate the purposes of this chapter. (May 12, 1933, ch. 25, title I, §7, 48 Stat. 34; June 16, 1933, ch. 90, title II, §221, 48 Stat. 210; Aug. 24, 1935, ch. 641, §33, 49 Stat. 775.) 1935—Act Aug. 24, 1935, among other changes, inserted provisions as to presumption of validity of assignments made prior to Jan. 11, 1934 of option contracts exercised prior to Jan. 18, 1934 if in good faith, for full value, and without fraud or speculation by the assignee. 1933—Act June 16, 1933, amended section generally. §608. Powers of Secretary (1) Investigations; proclamation of findings Whenever the Secretary of Agriculture has reason to believe that: (a) The current average farm price for any basic agricultural commodity is less than the fair exchange value thereof, or the average farm price of such commodity is likely to be less than the fair exchange value thereof for the period in which the production of such commodity during the current or next succeeding marketing year is normally marketed, and (b) The conditions of and factors relating to the production, marketing, and consumption of such commodity are such that the exercise of any one or more of the powers conferred upon the Secretary under subsections (2) and (3) of this section would tend to effectuate the declared policy of this chapter, he shall cause an immediate investigation to be made to determine such facts. If, upon the basis of such investigation, the Secretary finds the existence of such facts, he shall proclaim such determination and shall exercise such one or more of the powers conferred upon him under subsections (2) and (3) of this section as he finds, upon the basis of an investigation, administratively practicable and best calculated to effectuate the declared policy of this chapter. (2) Agreements for adjustment of acreage or production and for rental or benefit payments Subject to the provisions of subsection (1) of this section, the Secretary of Agriculture shall provide, through agreements with producers or by other voluntary methods, (a) For such adjustment in the acreage or in the production for market, or both, of any basic agricultural commodity, as he finds, upon the basis of the investigation made pursuant to subsection (1) of this section, will tend to effectuate the declared policy of this chapter, and to make such adjustment program practicable to operate and administer, and (b) For rental or benefit payments in connection with such agreements or methods in such amounts as he finds, upon the basis of such investigation, to be fair and reasonable and best calculated to effectuate the declared policy of this chapter, and to make such program practicable to operate and administer, to be paid out of any moneys available for such payments or, subject to the consent of the producer, to be made in quantities of one or more basic agricultural commodities acquired by the Secretary pursuant to this chapter. (3) Payments by Secretary Subject to the provisions of subsection (1) of this section, the Secretary of Agriculture shall make payments, out of any moneys available for such payments, in such amounts as he finds, upon the basis of the investigation made pursuant to subsection (1) of this section, to be fair and reasonable and best calculated to effectuate the declared policy of this chapter: (a) To remove from the normal channels of trade and commerce quantities of any basic agricultural commodity or product thereof; (b) To expand domestic or foreign markets for any basic agricultural commodity or product thereof; (c) In connection with the production of that part of any basic agricultural commodity which is required for domestic consumption. (4) Additional investigation; suspension of exercise of powers Whenever, during a period during which any of the powers conferred in subsection (2) or (3) is being exercised, the Secretary of Agriculture has reason to believe that, with respect to any basic agricultural commodity: (a) The current average farm price for such commodity is not less than the fair exchange value thereof, and the average farm price for such commodity is not likely to be less than the fair exchange value thereof for the period in which the production of such commodity during the current or next succeeding marketing year is normally marketed, or (b) The conditions of and factors relating to the production, marketing, and consumption of such commodity are such that none of the powers conferred in subsections (2) and (3), and no combination of such powers, would, if exercised, tend to effectuate the declared policy of this chapter, he shall cause an immediate investigation to be made to determine such facts. If, upon the basis of such investigation, the Secretary finds the existence of such facts, he shall proclaim such determination, and shall not exercise any of such powers with respect to such commodity after the end of the marketing year current at the time when such proclamation is made and prior to a new proclamation under subsection (1) of this section, except insofar as the exercise of such power is necessary to carry out obligations of the Secretary assumed, prior to the date of such proclamation made pursuant to this subsection, in connection with the exercise of any of the powers conferred upon him under subsections (2) or (3) of this section. (5) Hearings; notice In the course of any investigation required to be made under subsection (1) or (4) of this section, the Secretary of Agriculture shall hold one or more hearings, and give due notice and opportunity for interested parties to be heard. (6) Commodity in which payment made No payment under this chapter made in an agricultural commodity acquired by the Secretary in pursuance of this chapter shall be made in a commodity other than that in respect of which the payment is being made. For the purposes of this subsection, hogs and field corn may be considered as one commodity. (7) Additional payments to producers of sugar beets or sugarcane In the case of sugar beets or sugarcane, in the event that it shall be established to the satisfaction of the Secretary of Agriculture that returns to growers or producers, under the contracts for the 1933–1934 crop of sugar beets or sugarcane, entered into by and between the processors and producers and/or growers thereof, were reduced by reason of the payment of the processing tax, and/or the corresponding floor stocks tax, on sugar beets or sugarcane, in addition to the foregoing rental or benefit payments, the Secretary of Agriculture shall make such payments, representing in whole or in part such tax, as the Secretary deems fair and reasonable, to producers who agree, or have agreed, to participate in the program for reduction in the acreage or reduction in the production for market, or both, of sugar beets or sugarcane. (8) Pledge by rice producer for production credit of right to rental or benefit payments In the case of rice, the Secretary of Agriculture, in exercising the power conferred upon him by subsection (2) of this section to provide for rental or benefit payments, is directed to provide in any agreement entered into by him with any rice producer pursuant to such subsection, upon such terms and conditions as the Secretary determines will best effectuate the declared policy of this chapter, that the producer may pledge for production credit in whole or in part his right to any rental or benefit payments under the terms of such agreement and that such producer may designate therein a payee to receive such rental or benefit payments. (9) Advances of payments on stored nonperishable commodity Under regulations of the Secretary of Agriculture requiring adequate facilities for the storage of any nonperishable agricultural commodity on the farm, inspection and measurement of any such commodity so stored, and the locking and sealing thereof, and such other regulations as may be prescribed by the Secretary of Agriculture for the protection of such commodity and for the marketing thereof, a reasonable percentage of any benefit payment may be advanced on any such commodity so stored. In any such case such deduction may be made from the amount of the benefit payment as the Secretary of Agriculture determines will reasonably compensate for the cost of inspection and sealing but no deduction may be made for interest. (May 12, 1933, ch. 25, title I, §8, 48 Stat. 34; Apr. 7, 1934, ch. 103, §7, 48 Stat. 528; May 9, 1934, ch. 263, §14, 48 Stat. 676; Mar. 18, 1935, ch. 32, §7, 49 Stat. 46; Aug. 24, 1935, ch. 641, §§2, 4–7, 49 Stat. 751, 753-762.) Section as originally enacted consisted of subsections (1) to (5). Act Aug. 24, 1935, amended section by striking out or amending and redesignating the various subsections. 1935—Subsec. (1) was, together with subsecs. (2) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935, which also struck out former (1) as amended by acts May 9, 1934, and March 18, 1935. Subsec. (2) was, together with subsecs. (1) and (3) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (2), as amended by act Apr. 7, 1934, was designated section 8b of the Agricultural Adjustment Act, section 608b of this title, and amended by section 4 of said act Aug. 24, 1935. Subsec. (3) was, together with subsecs. (1), (2), and (4) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (3) was struck out by section 5 of said act Aug. 24, 1935, which also added section 8c to the Agricultural Adjustment Act, section 608c of this title. Subsec. (4) was, together with subsecs. (1) to (3) and (5) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (4) was struck out by section 6 of said act Aug. 24, 1935, which also added sections 8d and 8e to the Agricultural Adjustment Act, section 608d and former section 608e, respectively, of this title. Subsec. (5) was, together with subsecs. (1) to (4) and (6) to (9), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. Former subsec. (5) was designated section 8f of the Agricultural Adjustment Act, section 608f of this title, and amended by section 7 of said act Aug. 24, 1935. Subsecs. (6) to (9) were, together with subsecs. (1) to (5), inserted in lieu of former (1) by section 2 of act Aug. 24, 1935. 1934—Act May 9, 1934, amended subsec. (1) generally. Act Apr. 7, 1934, amended subsec. (2) by striking out proviso. Validity of Agreements and Licenses Preserved Under 1935 Act Act Aug. 24, 1935, ch. 641, §38, 49 Stat. 776, provided that: "Nothing contained in this Act [see Tables for classification] shall (a), invalidate any marketing agreement or license in existence on the date of the enactment hereof [Aug. 24, 1935], or any provision thereof, or any act done pursuant thereto, either before or after the enactment of this Act, or (b) impair any remedy provided for on the date of the enactment thereof for the enforcement of any such marketing agreement or license, or (c) invalidate any agreement entered into pursuant to section 8(1) of the Agricultural Adjustment Act prior to the enactment of this Act, or subsequent to the enactment of this Act in connection with a program the initiation of which has been formally approved by the Secretary of Agriculture under such section 8(1) prior to the enactment of this Act, or any act done or agreed to be done or any payment made or agreed to be made in pursuance of any such agreement, either before or after the enactment of this Act, or any change in the terms and conditions of any such agreement, or any voluntary arrangements or further agreements which the Secretary finds necessary or desirable in order to complete or terminate such program pursuant to the declared policy of the Agricultural Adjustment Act [this chapter]; Provided, That the Secretary shall not prescribe, pursuant to any such agreement or voluntary arrangement, any adjustment in the acreage or in the production for market of any basic agricultural commodity to be made after July 1, 1937, except pursuant to the provisions of section 8 of the Agricultural Adjustment Act as amended by this Act." §608–1. Omitted Section, act July 2, 1940, ch. 521, §9, 54 Stat. 729, which related to adjustments between payee and third persons, was omitted as executed. §608a. Enforcement of chapter (1) to (4) Omitted (5) Forfeitures Any person exceeding any quota or allotment fixed for him under this chapter by the Secretary of Agriculture and any other person knowingly participating or aiding in the exceeding of such quota or allotment shall forfeit to the United States a sum equal to the value of such excess at the current market price for such commodity at the time of violation, which forfeiture shall be recoverable in a civil suit brought in the name of the United States. (6) Jurisdiction of district courts 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, regulation, or agreement, heretofore or hereafter made or issued pursuant to this chapter, in any proceeding now pending or hereafter brought in said courts. (7) Duties of United States attorneys; investigation of violations by Secretary; hearings Upon the request of the Secretary of Agriculture, it shall be the duty of the several United States attorneys, in their respective districts, under the directions of the Attorney General, to institute proceedings to enforce the remedies and to collect the forfeitures provided for in, or pursuant to this chapter. Whenever the Secretary, or such officer or employee of the Department of Agriculture as he may designate for the purpose, has reason to believe that any handler has violated, or is violating, the provisions of any order or amendment thereto issued pursuant to this chapter, the Secretary shall have power to institute an investigation and, after due notice to such handler, to conduct a hearing in order to determine the facts for the purpose of referring the matter to the Attorney General for appropriate action. (8) Cumulative remedies The remedies provided for in this section shall be in addition to, and not exclusive of, any of the remedies or penalties provided for elsewhere in this chapter or now or hereafter existing at law or in equity. (9) "Person" defined The term "person" as used in this chapter includes an individual, partnership, corporation, association, and any other business unit. (May 12, 1933, ch. 25, title I, §8a, as added May 9, 1934, ch. 263, §4, 48 Stat. 672; amended Aug. 24, 1935, ch. 641, §§8–10, 49 Stat. 762; June 3, 1937, ch. 296, §§1, 2(c), 50 Stat. 246, 247; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 87–128, title I, §141(2), Aug. 8, 1961, 75 Stat. 304.) Provisions of subsecs. (1) to (4), relating to establishment, regulation and determination of sugar quotas, agreements limiting or regulating child labor, wages, and adjustment of disputes in the sugar industry, and prescribing penalties for violations thereof, were omitted since they ceased to apply on Sept. 1, 1937, in accordance with the provisions of section 510 of the Sugar Act of 1937, act Sept. 1, 1937, ch. 898, 50 Stat. 916. Section 510 of act Sept. 1, 1937, provided in part that: "The provisions of the Agricultural Adjustment Act, as amended [this chapter], shall cease to apply to sugar upon the enactment of this Act [Sept. 1, 1937]". Provisions similar to former subsecs. (1) to (4) were contained in the Sugar Act of 1948, section 1100 et seq. of this title, which expired on Dec. 31, 1974. 1961—Subsec. (5). Pub. L. 87–128 struck out "willfully" after "Any person" and substituted provision for forfeiture of a sum equal to the value of the excess at the current market price for the commodity at the time of violation for provision for forfeiture of a sum equal to three times the current market value of the excess. 1937—Subsec. (6). Act June 3, 1937, §2(c), struck out "the provisions of this section, or of". 1935—Subsec. (1). Act Aug. 24, 1935, §8, substituted "persons engaged in handling" for "handlers" wherever appearing; struck out "or in competition with," in par. (B); inserted "directly" before "to burden" in par. (B); and struck out "in any way" in par. (B). Subsec. (6). Act Aug. 24, 1935, §9, inserted "or" after "regulation," and struck out "or license". Subsec. (7). Act Aug. 24, 1935, §10, inserted last sentence. Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorneys" for "district attorneys" in subsec. (7). See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. Admission of Hawaii as State Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and Insular Possessions. Act June 3, 1937, affirmed and validated, and reenacted without change the provisions of subsections (5), (6), (7), (8), and (9) of this section, except for the amendment to subsection (6) by section 2 of the act. See note set out under section 601 of this title. §608a–1. Repealed. Sept. 1, 1937, ch. 898, title V, §510, 50 Stat. 916 Section, act June 19, 1936, ch. 612, §2, 49 Stat. 1539, related to additional provisions regulating the sugar quotas. §608b. Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements (a) In order to effectuate the declared policy of this chapter, the Secretary of Agriculture shall have the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, producers, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof, only with respect to such handling as is in the current of interstate or foreign commerce or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. The making of any such agreement shall not be held to be in violation of any of the antitrust laws of the United States, and any such agreement shall be deemed to be lawful: Provided, That no such agreement shall remain in force after the termination of this chapter. (b)(1) If an agreement with the Secretary is in effect with respect to peanuts pursuant to this section— (A) all peanuts handled by persons who have not entered into such an agreement with the Secretary shall be subject to inspection to the same extent and manner as is required by such agreement; (B) no such peanuts shall be sold or otherwise disposed of for human consumption if such peanuts fail to meet the quality requirements of such agreement; and (C) any assessment (except with respect to any assessment for the indemnification of losses on rejected peanuts) imposed under the agreement shall— (i) apply to peanut handlers (as defined by the Secretary) who have not entered into such an agreement with the Secretary in addition to those handlers who have entered into the agreement; and (ii) be paid to the Secretary. (2) Violation of this subsection by a person who has not entered into such an agreement shall result in the assessment by the Secretary of a penalty equal to 140 percent of the support price for quota peanuts multiplied by the quantity of peanuts sold or disposed of in violation of subsection (b)(1)(B), as determined under section 1445c–3 1 of this title, for the marketing year for the crop with respect to which such violation occurs. (May 12, 1933, ch. 25, title I, §8b, formerly §8(2), 48 Stat. 34; Apr. 7, 1934, ch. 103, §7, 48 Stat. 528; renumbered and amended Aug. 24, 1935, ch. 641, §4, 49 Stat. 753; June 3, 1937, ch. 296, §1, 50 Stat. 246; June 30, 1947, ch. 166, title II, §206(d), 61 Stat. 208; Pub. L. 101–220, §4, Dec. 12, 1989, 103 Stat. 1878; Pub. L. 102–237, title I, §115(1), Dec. 13, 1991, 105 Stat. 1840; Pub. L. 103–66, title I, §1109(b), Aug. 10, 1993, 107 Stat. 326.) Section 1445c–3 of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 104–127, title I, §171(b)(2)(E), Apr. 4, 1996, 110 Stat. 938. The provisions appearing in subsec. (a) of this section except the first sentence, were originally enacted as part of section 8(2) of act May 12, 1933, and formerly appeared as section 608(2) of this title. 1993—Subsec. (b)(1)(C). Pub. L. 103–66 added subpar. (C). 1991—Subsec. (b)(2). Pub. L. 102–237 made technical amendment to reference to section 1445c–3 of this title involving corresponding provisions of original Act. 1989—Pub. L. 101–220 designated existing provisions as subsec. (a) and added subsec. (b). 1947—Act June 30, 1947, repealed provisions providing for loans from Reconstruction Finance Corporation. 1935—Act Aug. 24, 1935, designated subsection 2 of section 8 of act May 12, 1933, as section 8b and amended first sentence generally. 1934—Act Apr. 7, 1934, empowered Secretary of Agriculture to enter into marketing agreements with individual producers. Pub. L. 101–220, §4(c), Dec. 12, 1989, 103 Stat. 1878, provided that: "The amendment made by this section [amending this section] shall be effective with respect to the 1990 and subsequent crops of peanuts." Act June 3, 1937, affirmed and validated, and reenacted without change the provisions of this section. See note set out under section 601 of this title. 1 See References in Text note below. §608c. Orders (1) Issuance by Secretary The Secretary of Agriculture shall, subject to the provisions of this section, issue, and from time to time amend, orders applicable to processors, associations of producers, and others engaged in the handling of any agricultural commodity or product thereof specified in subsection (2) of this section. Such persons are referred to in this chapter as "handlers". Such orders shall regulate, in the manner hereinafter in this section provided, only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects, interstate or foreign commerce in such commodity or product thereof. In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations. (2) Commodities to which applicable Orders issued pursuant to this section shall be applicable only to (A) the following agricultural commodities and the products thereof (except canned or frozen pears, grapefruit, cherries, apples, or cranberries, the products of naval stores, and the products of honeybees), or to any regional, or market classification of any such commodity or product: Milk, fruits (including filberts, almonds, pecans and walnuts but not including apples, other than apples produced in the States of Washington, Oregon, Idaho, New York, Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, Connecticut, Colorado, Utah, New Mexico, Illinois, and Ohio, and not including fruits for canning or freezing other than pears, olives, grapefruit, cherries, caneberries (including raspberries, blackberries, and loganberries), cranberries, and apples produced in the States named above except Washington, Oregon, and Idaho), tobacco, vegetables (not including vegetables, other than asparagus, for canning or freezing and not including potatoes for canning, freezing, or other processing), hops, honeybees and naval stores as included in the Naval Stores Act [7 U.S.C. 91 et seq.] and standards established thereunder (including refined or partially refined oleoresin): Provided, That no order issued pursuant to this section shall be effective as to any grapefruit for canning or freezing unless the Secretary of Agriculture determines, in addition to other findings and determinations required by this chapter, that the issuance of such order is approved or favored by the processors who, during a representative period determined by the Secretary, have been engaged in canning or freezing such commodity for market and have canned or frozen for market more than 50 per centum of the total volume of such commodity canned or frozen for market during such representative period; and (B) any agricultural commodity (except honey, cotton, rice, wheat, corn, grain sorghums, oats, barley, rye, sugarcane, sugarbeets, wool, mohair, livestock, soybeans, cottonseed, flaxseed, poultry (but not excepting turkeys and not excepting poultry which produce commercial eggs), fruits and vegetables for canning or freezing, including potatoes for canning, freezing, or other processing 1 and apples), or any regional or market classification thereof, not subject to orders under (A) of this subdivision, but not the products (including canned or frozen commodities or products) thereof. No order issued pursuant to this section shall be effective as to cherries, apples, or cranberries for canning or freezing unless the Secretary of Agriculture determines, in addition to other required findings and determinations, that the issuance of such order is approved or favored by processors who, during a representative period determined by the Secretary, have engaged in canning or freezing such commodity for market and have frozen or canned more than 50 per centum of the total volume of the commodity to be regulated which was canned or frozen within the production area, or marketed within the marketing area, defined in such order, during such representative period. No order issued pursuant to this section shall be applicable to peanuts produced in more than one of the following production areas: the Virginia-Carolina production area, the Southeast production area, and the Southwest production area. If the Secretary determines that the declared policy of this chapter will be better achieved thereby (i) the commodities of the same general class and used wholly or in part for the same purposes may be combined and treated as a single commodity and (ii) the portion of an agricultural commodity devoted to or marketed for a particular use or combination of uses, may be treated as a separate agricultural commodity. All agricultural commodities and products covered hereby shall be deemed specified herein for the purposes of subsections (6) and (7). (3) Notice and hearing Whenever the Secretary of Agriculture has reason to believe that the issuance of an order will tend to effectuate the declared policy of this chapter with respect to any commodity or product thereof specified in subsection (2) of this section, he shall give due notice of and an opportunity for a hearing upon a proposed order. (4) Finding and issuance of order After such notice and opportunity for hearing, the Secretary of Agriculture shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing (in addition to such other findings as may be specifically required by this section) that the issuance of such order and all of the terms and conditions thereof will tend to effectuate the declared policy of this chapter with respect to such commodity. (5) Terms—Milk and its products In the case of milk and its products, orders issued pursuant to this section shall contain one or more of the following terms and conditions, and (except as provided in subsection (7)) no others: (A) Classifying milk in accordance with the form in which or the purpose for which it is used, and fixing, or providing a method for fixing, minimum prices for each such use classification which all handlers shall pay, and the time when payments shall be made, for milk purchased from producers or associations of producers. Such prices shall be uniform as to all handlers, subject only to adjustments for (1) volume, market, and production differentials customarily applied by the handlers subject to such order, (2) the grade or quality of the milk purchased, and (3) the locations at which delivery of such milk, or any use classification thereof, is made to such handlers. Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7 (or successor regulations), plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulations), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74. (B) Providing: (i) for the payment to all producers and associations of producers delivering milk to the same handler of uniform prices for all milk delivered by them: Provided, That, except in the case of orders covering milk products only, such provision is approved or favored by at least three-fourths of the producers who, during a representative period determined by the Secretary of Agriculture, have been engaged in the production for market of milk covered in such order or by producers who, during such representative period, have produced at least three-fourths of the volume of such milk produced for market during such period; the approval required hereunder shall be separate and apart from any other approval or disapproval provided for by this section; or (ii) for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered; subject, in either case, only to adjustments for (a) volume, market, and production differentials customarily applied by the handlers subject to such order, (b) the grade or quality of the milk delivered, (c) the locations at which delivery of such milk is made, and (d) a further adjustment, equitably to apportion the total value of the milk purchased by any handler, or by all handlers, among producers and associations of producers, on the basis of their marketings of milk during a representative period of time.,2 [(e) omitted] and (f) a further adjustment, equitably to apportion the total value of milk purchased by any handler or by all handlers among producers on the basis of the milk components contained in their marketings of milk 3 (C) In order to accomplish the purposes set forth in paragraphs (A) and (B) of this subsection, providing a method for making adjustments in payments, as among handlers (including producers who are also handlers), to the end that the total sums paid by each handler shall equal the value of the milk purchased by him at the prices fixed in accordance with paragraph (A) of this subsection. (D) Providing that, in the case of all milk purchased by handlers from any producer who did not regularly sell milk during a period of 30 days next preceding the effective date of such order for consumption in the area covered thereby, payments to such producer, for the period beginning with the first regular delivery by such producer and continuing until the end of two full calendar months following the first day of the next succeeding calendar month, shall be made at the price for the lowest use classification specified in such order, subject to the adjustments specified in paragraph (B) of this subsection. (E) Providing (i) except as to producers for whom such services are being rendered by a cooperative marketing association, qualified as provided in paragraph (F) of this subsection, for market information to producers and for the verification of weights, sampling, and testing of milk purchased from producers, and for making appropriate deductions therefor from payments to producers, and (ii) for assurance of, and security for, the payment by handlers for milk purchased. (F) Nothing contained in this subsection is intended or shall be construed to prevent a cooperative marketing association qualified under the provisions of sections 291 and 292 of this title, engaged in making collective sales or marketing of milk or its products for the producers thereof, from blending the net proceeds of all of its sales in all markets in all use classifications, and making distribution thereof to its producers in accordance with the contract between the association and its producers: Provided, That it shall not sell milk or its products to any handler for use or consumption in any market at prices less than the prices fixed pursuant to paragraph (A) of this subsection for such milk. (G) No marketing agreement or order applicable to milk and its products in any marketing area shall prohibit or in any manner limit, in the case of the products of milk, the marketing in that area of any milk or product thereof produced in any production area in the United States. (H) Omitted (I) Establishing or providing for the establishment of research and development projects, and advertising (excluding brand advertising), sales promotion, educational, and other programs designed to improve or promote the domestic marketing and consumption of milk and its products, to be financed by producers in a manner and at a rate specified in the order, on all producer milk under the order. Producer contributions under this subparagraph 4 may be deducted from funds due producers in computing total pool value or otherwise computing total funds due producers and such deductions shall be in addition to the adjustments authorized by paragraph (B) of this subsection. Provision may be made in the order to exempt, or allow suitable adjustments or credits in connection with, milk on which a mandatory checkoff for advertising or marketing research is required under the authority of any State law. Such funds shall be paid to an agency organized by milk producers and producers' cooperative associations in such form and with such methods of operation as shall be specified in the order. Such agency may expend such funds for any of the purposes authorized by this subparagraph 4 and may designate, employ, and allocate funds to persons and organizations engaged in such programs which meet the standards and qualifications specified in the order. All funds collected under this subparagraph 4 shall be separately accounted for and shall be used only for the purposes for which they were collected. Programs authorized by this subparagraph 4 may be either local or national in scope, or both, as provided in the order, but shall not be international. Order provisions under this subparagraph 4 shall not become effective in any marketing order unless such provisions are approved by producers separately from other order provisions, in the same manner provided for the approval of marketing orders, and may be terminated separately whenever the Secretary makes a determination with respect to such provisions as is provided for the termination of an order in subsection (16)(B). Disapproval or termination of such order provisions shall not be considered disapproval of the order or of other terms of the order. Notwithstanding any other provision of this chapter, any producer against whose marketings any assessment is withheld or collected under the authority of this subparagraph,4 and who is not in favor of supporting the research and promotion programs, as provided for herein, shall have the right to demand and receive a refund of such assessment pursuant to the terms and conditions specified in the order. (J) Providing for the payment, from the total sums payable by all handlers for milk (irrespective of the use classification of such milk) and before computing uniform prices under paragraph (A) and making adjustments in payments under paragraph (C), to handlers that are cooperative marketing associations described in paragraph (F) and to handlers with respect to which adjustments in payments are made under paragraph (C), for services of marketwide benefit, including but not limited to— (i) providing facilities to furnish additional supplies of milk needed by handlers and to handle and dispose of milk supplies in excess of quantities needed by handlers; (ii) handling on specific days quantities of milk that exceed the quantities needed by handlers; and (iii) transporting milk from one location to another for the purpose of fulfilling requirements for milk of a higher use classification or for providing a market outlet for milk of any use classification. (K)(i) Notwithstanding any other provision of law, milk produced by dairies— (I) owned or controlled by foreign persons; and (II) financed by or with the use of bonds the interest on which is exempt from Federal income tax under section 103 of title 26; shall be treated as other-source milk, and shall be allocated as milk received from producer-handlers for the purposes of classifying producer milk, under the milk marketing program established under this chapter. For the purposes of this subparagraph,4 the term "foreign person" has the meaning given such term under section 3508(3) of this title. (ii) The Secretary of Agriculture shall prescribe regulations to carry out this subparagraph.4 (iii) This subparagraph 4 shall not apply with respect to any dairy that began operation before May 6, 1986. (L) Providing that adjustments in payments by handlers under paragraph (A) need not be the same as adjustments to producers under paragraph (B) with regard to adjustments authorized by subparagraphs (2) and (3) of paragraph (A) and clauses (b), (c), and (d) of paragraph (B)(ii). (M) Minimum Milk Prices for Handlers.— (i) Application of minimum price requirements.—Notwithstanding any other provision of this section, a milk handler described in clause (ii) shall be subject to all of the minimum and uniform price requirements of a Federal milk marketing order issued pursuant to this section applicable to the county in which the plant of the handler is located, at Federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases. (ii) Covered milk handlers.—Except as provided in clause (iv), clause (i) applies to a handler of Class I milk products (including a producer-handler or producer operating as a handler) that— (I) operates a plant that is located within the boundaries of a Federal order milk marketing area (as those boundaries are in effect as of April 11, 2006); (II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a milk marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases; and (III) is not otherwise obligated by a Federal milk marketing order, or a regulated milk pricing plan operated by a State, to pay minimum class prices for the raw milk that is used for such dispositions or sales. (iii) Obligation to pay minimum class prices.—For purposes of clause (ii)(III), the Secretary may not consider a handler of Class I milk products to be obligated by a Federal milk marketing order to pay minimum class prices for raw milk unless the handler operates the plant as a fully regulated fluid milk distributing plant under a Federal milk marketing order. (iv) Certain handlers exempted.—Clause (i) does not apply to— (I) a handler (otherwise described in clause (ii)) that operates a nonpool plant (as defined in section 1000.8(e) of title 7, Code of Federal Regulations, as in effect on April 11, 2006); (II) a producer-handler (otherwise described in clause (ii)) for any month during which the producer-handler has route dispositions, and sales to other plants, of packaged fluid milk products equaling less than 3,000,000 pounds of milk; or (III) a handler (otherwise described in clause (ii)) for any month during which— (aa) less than 25 percent of the total quantity of fluid milk products physically received at the plant of the handler (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition or is transferred in the form of packaged fluid milk products to other plants; or (bb) less than 25 percent in aggregate of the route disposition or transfers are in a marketing area or areas located in one or more States that require handlers to pay minimum prices for raw milk purchases. (N) Exemption for Certain Milk Handlers.—Notwithstanding any other provision of this section, no handler with distribution of Class I milk products in the marketing area described in Order No. 131 shall be exempt during any month from any minimum price requirement established by the Secretary under this subsection if the total distribution of Class I products during the preceding month of any such handler's own farm production exceeds 3,000,000 pounds. (O) Rule of Construction Regarding Producer-Handlers.—Subparagraphs (M) and (N) shall not be construed as affecting, expanding, or contracting the treatment of producer-handlers under this subsection except as provided in such subparagraphs. (6) Terms—Other commodities In the case of the agricultural commodities and the products thereof, other than milk and its products, specified in subsection (2) orders issued pursuant to this section shall contain one or more of the following terms and conditions, and (except as provided in subsection (7)), no others: (A) Limiting, or providing methods for the limitation of, the total quantity of any such commodity or product, or of any grade, size, or quality thereof, produced during any specified period or periods, which may be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods by all handlers thereof. (B) Allotting, or providing methods for allotting, the amount of such commodity or product, or any grade, size, or quality thereof, which each handler may purchase from or handle on behalf of any and all producers thereof, during any specified period or periods, under a uniform rule based upon the amounts sold by such producers in such prior period as the Secretary determines to be representative, or upon the current quantities available for sale by such producers, or both, to the end that the total quantity thereof to be purchased, or handled during any specified period or periods shall be apportioned equitably among producers. (C) Allotting, or providing methods for allotting, the amount of any such commodity or product, or any grade, size, or quality thereof, which each handler may market in or transport to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, under a uniform rule based upon the amounts which each such handler has available for current shipment, or upon the amounts shipped by each such handler in such prior period as the Secretary determines to be representative, or both, to the end that the total quantity of such commodity or product, or any grade, size, or quality thereof, to be marketed in or transported to any or all markets in the current of interstate or foreign commerce or so as directly to burden, obstruct, or affect interstate or foreign commerce in such commodity or product thereof, during any specified period or periods shall be equitably apportioned among all of the handlers thereof. (D) Determining, or providing methods for determining, the existence and extent of the surplus of any such commodity or product, or of any grade, size, or quality thereof, and providing for the control and disposition of such surplus, and for equalizing the burden of such surplus elimination or control among the producers and handlers thereof. (E) Establishing or providing for the establishment of reserve pools of any such commodity or product, or of any grade, size, or quality thereof, and providing for the equitable distribution of the net return derived from the sale thereof among the persons beneficially interested therein. (F) Requiring or providing for the requirement of inspection of any such commodity or product produced during specified periods and marketed by handlers. (G) In the case of hops and their products in addition to, or in lieu of, the foregoing terms and conditions, orders may contain one or more of the following: (i) Limiting, or providing methods for the limitation of, the total quantity thereof, or of any grade, type, or variety thereof, produced during any specified period or periods, which all handlers may handle in the current of or so as directly to burden, obstruct, or affect interstate or foreign commerce in hops or any product thereof. (ii) Apportioning, or providing methods for apportioning, the total quantity of hops of the production of the then current calendar year permitted to be handled equitably among all producers in the production area to which the order applies upon the basis of one or more or a combination of the following: The total quantity of hops available or estimated will become available for market by each producer from his production during such period; the normal production of the acreage of hops operated by each producer during such period upon the basis of the number of acres of hops in production, and the average yield of that acreage during such period as the Secretary determines to be representative, with adjustments determined by the Secretary to be proper for age of plantings or abnormal conditions affecting yield; such normal production or historical record of any acreage for which data as to yield of hops are not available or which had no yield during such period shall be determined by the Secretary on the basis of the yields of other acreage of hops of similar characteristics as to productivity, subject to adjustment as just provided for. (iii) Allotting, or providing methods for allotting, the quantity of hops which any handler may handle so that the allotment fixed for that handler shall be limited to the quantity of hops apportioned under preceding section 5 (ii) to each respective producer of hops; such allotment shall constitute an allotment fixed for that handler within the meaning of subsection (5) of section 608a of this title. (H) providing 6 a method for fixing the size, capacity, weight, dimensions, or pack of the container, or containers, which may be used in the packaging, transportation, sale, shipment, or handling of any fresh or dried fruits, vegetables, or tree nuts: Provided, however, That no action taken hereunder shall conflict with the Standard Containers Act of 1916 (15 U.S.C. 251–256) and the Standard Containers Act of 1928 (15 U.S.C. 257–257i); 7 (I) establishing 6 or providing for the establishment of production research, marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption or efficient production of any such commodity or product, the expense of such projects to be paid from funds collected pursuant to the marketing order: Provided, That with respect to orders applicable to almonds, filberts (otherwise known as hazelnuts), California-grown peaches, cherries, papayas, carrots, citrus fruits, onions, Tokay grapes, pears, dates, plums, nectarines, celery, sweet corn, limes, olives, pecans, eggs, avocados, apples, raisins, walnuts, tomatoes, caneberries (including raspberries, blackberries, and loganberries), Florida grown 8 strawberries, or cranberries, such projects may provide for any form of marketing promotion including paid advertising and with respect to almonds, filberts (otherwise known as hazelnuts), raisins, walnuts, olives, Florida Indian River grapefruit, and cranberries may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion including paid advertising as may be authorized by the order and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form: Provided further, That the inclusion in a Federal marketing order of provisions for research and marketing promotion, including paid advertising, shall not be deemed to preclude, preempt or supersede any such provisions in any State program covering the same commodity. (J) In the case of pears for canning or freezing, any order for a production area encompassing territory within two or more States or portions thereof shall provide that the grade, size, quality, maturity, and inspection regulation under the order applicable to pears grown within any such State or portion thereof may be recommended to the Secretary by the agency established to administer the order only if a majority of the representatives from that State on such agency concur in the recommendation each year. (7) Terms common to all orders In the case of the agricultural commodities and the products thereof specified in subsection (2) orders shall contain one or more of the following terms and conditions: (A) Prohibiting unfair methods of competition and unfair trade practices in the handling thereof. (B) Providing that (except for milk and cream to be sold for consumption in fluid form) such commodity or product thereof, or any grade, size, or quality thereof shall be sold by the handlers thereof only at prices filed by such handlers in the manner provided in such order. (C) Providing for the selection by the Secretary of Agriculture, or a method for the selection, of an agency or agencies and defining their powers and duties, which shall include only the powers: (i) To administer such order in accordance with its terms and provisions; (ii) To make rules and regulations to effectuate the terms and provisions of such order; (iii) To receive, investigate, and report to the Secretary of Agriculture complaints of violations of such order; and (iv) To recommend to the Secretary of Agriculture amendments to such order. No person acting as a member of an agency established pursuant to this paragraph shall be deemed to be acting in an official capacity, within the meaning of section 610(g) of this title, unless such person receives compensation for his personal services from funds of the United States. There shall be included in the membership of any agency selected to administer a marketing order applicable to grapefruit for canning or freezing one or more representatives of processors of the commodity specified in such order. (D) Incidental to, and not inconsistent with, the terms and conditions specified in subsections (5), (6), and (7) and necessary to effectuate the other provisions of such order. (8) Orders with marketing agreement Except as provided in subsection (9) of this section, no order issued pursuant to this section shall become effective until the handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping the commodity or product thereof covered by such order) of not less than 50 per centum of the volume of the commodity or product thereof covered by such order which is produced or marketed within the production or marketing area defined in such order have signed a marketing agreement, entered into pursuant to section 608b of this title, which regulates the handling of such commodity or product in the same manner as such order, except that as to citrus fruits produced in any area producing what is known as California citrus fruits no order issued pursuant to this subsection shall become effective until the handlers of not less than 80 per centum of the volume of such commodity or product thereof covered by such order have signed such a marketing agreement: Provided, That no order issued pursuant to this subsection shall be effective unless the Secretary of Agriculture determines that the issuance of such order is approved or favored: (A) By at least two-thirds of the producers who (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said order must be approved or favored by three-fourths of the producers), during a representative period determined by the Secretary, have been engaged, within the production area specified in such marketing agreement or order, in the production for market of the commodity specified therein, or who, during such representative period, have been engaged in the production of such commodity for sale in the marketing area specified in such marketing agreement, or order, or (B) By producers who, during such representative period, have produced for market at least two-thirds of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or who, during such representative period, have produced at least two-thirds of the volume of such commodity sold within the marketing area specified in such marketing agreement or order. (9) Orders with or without marketing agreement Any order issued pursuant to this section shall become effective in the event that, notwithstanding the refusal or failure of handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping the commodity or product thereof covered by such order) of more than 50 per centum of the volume of the commodity or product thereof (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said per centum shall be 80 per centum) covered by such order which is produced or marketed within the production or marketing area defined in such order to sign a marketing agreement relating to such commodity or product thereof, on which a hearing has been held, the Secretary of Agriculture determines: (A) That the refusal or failure to sign a marketing agreement (upon which a hearing has been held) by the handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping the commodity or product thereof covered by such order) of more than 50 per centum of the volume of the commodity or product thereof (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said per centum shall be 80 per centum) specified therein which is produced or marketed within the production or marketing area specified therein tends to prevent the effectuation of the declared policy of this chapter with respect to such commodity or product, and (B) That the issuance of such order is the only practical means of advancing the interests of the producers of such commodity pursuant to the declared policy, and is approved or favored: (i) By at least two-thirds of the producers (except that as to citrus fruits produced in any area producing what is known as California citrus fruits said order must be approved or favored by three-fourths of the producers) who, during a representative period determined by the Secretary, have been engaged, within the production area specified in such marketing agreement or order, in the production for market of the commodity specified therein, or who, during such representative period, have been engaged in the production of such commodity for sale in the marketing area specified in such marketing agreement, or order, or (ii) By producers who, during such representative period, have produced for market at least two-thirds of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or who, during such representative period, have produced at least two-thirds of the volume of such commodity sold within the marketing area specified in such marketing agreement or order. (10) Manner of regulation and applicability No order shall be issued under this section unless it regulates the handling of the commodity or product covered thereby in the same manner as, and is made applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held. No order shall be issued under this chapter prohibiting, regulating, or restricting the advertising of any commodity or product covered thereby, nor shall any marketing agreement contain any provision prohibiting, regulating, or restricting the advertising of any commodity, or product covered by such marketing agreement. (11) Regional application (A) No order shall be issued under this section which is applicable to all production areas or marketing areas, or both, of any commodity or product thereof unless the Secretary finds that the issuance of several orders applicable to the respective regional production areas or regional marketing areas, or both, as the case may be, of the commodity or product would not effectively carry out the declared policy of this chapter. (B) Except in the case of milk and its products, orders issued under this section shall be limited in their application to the smallest regional production areas or regional marketing areas, or both, as the case may be, which the Secretary finds practicable, consistently with carrying out such declared policy. (C) All orders issued under this section which are applicable to the same commodity or product thereof shall, so far as practicable, prescribe such different terms, applicable to different production areas and marketing areas, as the Secretary finds necessary to give due recognition to the differences in production and marketing of such commodity or product in such areas. (D) In the case of milk and its products, no county or other political subdivision of the State of Nevada shall be within the marketing area definition of any order issued under this section. (12) Cooperative association representation Whenever, pursuant to the provisions of this section, the Secretary is required to determine the approval or disapproval of producers with respect to the issuance of any order, or any term or condition thereof, or the termination thereof, the Secretary shall consider the approval or disapproval by any cooperative association of producers, bona fide engaged in marketing the commodity or product thereof covered by such order, or in rendering services for or advancing the interests of the producers of such commodity, as the approval or disapproval of the producers who are members of, stockholders in, or under contract with, such cooperative association of producers. (13) Retailer and producer exemption (A) No order issued under subsection (9) of this section shall be applicable to any person who sells agricultural commodities or products thereof at retail in his capacity as such retailer, except to a retailer in his capacity as a retailer of milk and its products. (B) No order issued under this chapter shall be applicable to any producer in his capacity as a producer. (14) Violation of order (A) Any handler subject to an order issued under this section, or any officer, director, agent, or employee of such handler, who violates any provision of such order shall, on conviction, be fined not less than $50 or more than $5,000 for each such violation, and each day during which such violation continues shall be deemed a separate violation. If the court finds that a petition pursuant to subsection (15) of this section was filed and prosecuted by the defendant in good faith and not for delay, no penalty shall be imposed under this subsection for such violations as occurred between the date upon which the defendant's petition was filed with the Secretary, and the date upon which notice of the Secretary's ruling thereon was given to the defendant in accordance with regulations prescribed pursuant to subsection (15). (B) Any handler subject to an order issued under this section, or any officer, director, agent, or employee of such handler, who violates any provision of such order may be assessed a civil penalty by the Secretary not exceeding $1,000 for each such violation. Each day during which such violation continues shall be deemed a separate violation, except that if the Secretary finds that a petition pursuant to paragraph (15) was filed and prosecuted by the handler in good faith and not for delay, no civil penalty may be assessed under this paragraph for such violations as occurred between the date on which the handler's petition was filed with the Secretary, and the date on which notice of the Secretary's ruling thereon was given to the handler in accordance with regulations prescribed pursuant to paragraph (15). The Secretary may issue an order assessing a civil penalty under this paragraph only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable in the district courts of the United States in any district in which the handler subject to the order is an inhabitant, or has the handler's principal place of business. The validity of such order may not be reviewed in an action to collect such civil penalty. (15) Petition by handler and review (A) Any handler subject to an order may file a written petition with the Secretary of Agriculture, stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary of Agriculture, with the approval of the President. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (B) The District Courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction in equity to review such ruling, provided a bill in equity 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 to him a copy of the bill of complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions 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. The pendency of proceedings instituted pursuant to this subsection (15) shall not impede, hinder, or delay the United States or the Secretary of Agriculture from obtaining relief pursuant to section 608a(6) of this title. Any proceedings brought pursuant to section 608a(6) of this title (except where brought by way of counterclaim in proceedings instituted pursuant to this subsection (15)) shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this subsection (15). (16) Termination of orders and marketing agreements (A)(i) Except as provided in clause (ii), the Secretary of Agriculture shall, whenever he finds that any order issued under this section, or any provision thereof, obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or such provision thereof. (ii) The Secretary may not terminate any order issued under this section for a commodity for which there is no Federal program established to support the price of such commodity unless the Secretary gives notice of, and a statement of the reasons relied upon by the Secretary for, the proposed termination of such order to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than 60 days before the date such order will be terminated. (B) The Secretary shall terminate any marketing agreement entered into under section 608b of this title, or order issued under this section, at the end of the then current marketing period for such commodity, specified in such marketing agreement or order, whenever he finds that such termination is favored by a majority of the producers who, during a representative period determined by the Secretary, have been engaged in the production for market of the commodity specified in such marketing agreement or order, within the production area specified in such marketing agreement or order, or who, during such representative period, have been engaged in the production of such commodity for sale within the marketing area specified in such marketing agreement or order: Provided, That such majority have, during such representative period, produced for market more than 50 per centum of the volume of such commodity produced for market within the production area specified in such marketing agreement or order, or have, during such representative period, produced more than 50 per centum of the volume of such commodity sold in the marketing area specified in such marketing agreement or order, but such termination shall be effective only if announced on or before such date (prior to the end of the then current marketing period) as may be specified in such marketing agreement or order. (C) Except as otherwise provided in this subsection with respect to the termination of an order issued under this section, the termination or suspension of any order or amendment thereto or provision thereof, shall not be considered an order within the meaning of this section. (17) Provisions applicable to amendments (A) Applicability to amendments The provisions of this section and section 608d of this title applicable to orders shall be applicable to amendments to orders. (B) Supplemental rules of practice (i) In general Not later than 60 days after the date of enactment of this subparagraph, the Secretary shall issue, using informal rulemaking, supplemental rules of practice to define guidelines and timeframes for the rulemaking process relating to amendments to orders. (ii) Issues At a minimum, the supplemental rules of practice shall establish— (I) proposal submission requirements; (II) pre-hearing information session specifications; (III) written testimony and data request requirements; (IV) public participation timeframes; and (V) electronic document submission standards. (iii) Effective date The supplemental rules of practice shall take effect not later than 120 days after the date of enactment of this subparagraph, as determined by the Secretary. (C) Hearing timeframes Not more than 30 days after the receipt of a proposal for an amendment hearing regarding a milk marketing order, the Secretary shall— (I) issue a notice providing an action plan and expected timeframes for completion of the hearing not more than 120 days after the date of the issuance of the notice; (II)(aa) issue a request for additional information to be used by the Secretary in making a determination regarding the proposal; and (bb) if the additional information is not provided to the Secretary within the timeframe requested by the Secretary, issue a denial of the request; or (III) issue a denial of the request. (ii) Requirement A post-hearing brief may be filed under this paragraph not later than 60 days after the date of an amendment hearing regarding a milk marketing order. (iii) Recommended decisions A recommended decision on a proposed amendment to an order shall be issued not later than 90 days after the deadline for the submission of post-hearing briefs. (iv) Final decisions A final decision on a proposed amendment to an order shall be issued not later than 60 days after the deadline for submission of comments and exceptions to the recommended decision issued under clause (iii). (D) Industry assessments If the Secretary determines it is necessary to improve or expedite rulemaking under this subsection, the Secretary may impose an assessment on the affected industry to supplement appropriated funds for the procurement of service providers, such as court reporters. (E) Use of informal rulemaking The Secretary may use rulemaking under section 553 of title 5 to amend orders, other than provisions of orders that directly affect milk prices. (F) Avoiding duplication The Secretary shall not be required to hold a hearing on any amendment proposed to be made to a milk marketing order in response to an application for a hearing on the proposed amendment if— (i) the application requesting the hearing is received by the Secretary not later than 90 days after the date on which the Secretary has announced the decision on a previously proposed amendment to that order; and (ii) the 2 proposed amendments are essentially the same, as determined by the Secretary. (G) Monthly feed and fuel costs for make allowances As part of any hearing to adjust make allowances under marketing orders commencing prior to September 30, 2012, the Secretary shall— (i) determine the average monthly prices of feed and fuel incurred by dairy producers in the relevant marketing area; (ii) consider the most recent monthly feed and fuel price data available; and (iii) consider those prices in determining whether or not to adjust make allowances. (18) Milk prices The Secretary of Agriculture, prior to prescribing any term in any marketing agreement or order, or amendment thereto, relating to milk or its products, if such term is to fix minimum prices to be paid to producers or associations of producers, or prior to modifying the price fixed in any such term, shall ascertain the parity prices of such commodities. The prices which it is declared to be the policy of Congress to establish in section 602 of this title shall, for the purposes of such agreement, order, or amendment, be adjusted to reflect the price of feeds, the available supplies of feeds, and other economic conditions which affect market supply and demand for milk or its products in the marketing area to which the contemplated marketing agreement, order, or amendment relates. Whenever the Secretary finds, upon the basis of the evidence adduced at the hearing required by section 608b of this title or this section, as the case may be, that the parity prices of such commodities are not reasonable in view of the price of feeds, the available supplies of feeds, and other economic conditions which affect market supply and demand for milk and its products in the marketing area to which the contemplated agreement, order, or amendment relates, he shall fix such prices as he finds will reflect such factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest. Thereafter, as the Secretary finds necessary on account of changed circumstances, he shall, after due notice and opportunity for hearing, make adjustments in such prices. (19) Producer referendum For the purpose of ascertaining whether the issuance of an order is approved or favored by producers or processors, as required under the applicable provisions of this chapter, the Secretary may conduct a referendum among producers or processors and in the case of an order other than an amendatory order shall do so. The requirements of approval or favor under any such provision shall be held to be complied with if, of the total number of producers or processors, or the total volume of production, as the case may be, represented in such referendum, the percentage approving or favoring is equal to or in excess of the percentage required under such provision. The terms and conditions of the proposed order shall be described by the Secretary in the ballot used in the conduct of the referendum. The nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. Nothing in this subsection shall be construed as limiting representation by cooperative associations as provided in subsection (12) of this section. For the purpose of ascertaining whether the issuance of an order applicable to pears for canning or freezing is approved or favored by producers as required under the applicable provisions of this chapter, the Secretary shall conduct a referendum among producers in each State in which pears for canning or freezing are proposed to be included within the provisions of such marketing order and the requirements of approval or favor under any such provisions applicable to pears for canning or freezing shall be held to be complied with if, of the total number of producers, or the total volume of production, as the case may be, represented in such referendum, the percentage approving or favoring is equal to or in excess of 662/3 per centum except that in the event that pear producers in any State fail to approve or favor the issuance of any such marketing order, it shall not be made effective in such State. (May 12, 1933, ch. 25, title I, §8c, as added Aug. 24, 1935, ch. 641, §5, 49 Stat. 753; amended June 25, 1936, ch. 804, 49 Stat. 1921; June 3, 1937, ch. 296, §§1, 2(d)–(f), 50 Stat. 246, 247; June 3, 1937, ch. 296, §2(k), (l), as added Aug. 5, 1937, ch. 567, 50 Stat. 563; Apr. 13, 1938, ch. 143, §§1, 2, 52 Stat. 215; May 31, 1939, ch. 157, 53 Stat. 793; Feb. 10, 1942, ch. 52, §§2, 3, 56 Stat. 85; 1947 Reorg. Plan No. 1, §102, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; Aug. 1, 1947, ch. 425, §§2, 4, 61 Stat. 707, 710; July 3, 1948, ch. 827, title III, §302(b), (c), 62 Stat. 1258; June 29, 1949, ch. 273, 63 Stat. 282; Aug. 28, 1954, ch. 1041, title IV, §401(b)–(d), 68 Stat. 906, 907; Pub. L. 87–128, title I, §141(3), (4), Aug. 8, 1961, 75 Stat. 304, 305; Pub. L. 87–703, title IV, §403, Sept. 27, 1962, 76 Stat. 632; Pub. L. 89–321, title I, §§101, 102, Nov. 3, 1965, 79 Stat. 1187; Pub. L. 89–330, §1(b), Nov. 8, 1965, 79 Stat. 1270; Pub. L. 91–196, §1, Feb. 20, 1970, 84 Stat. 14; Pub. L. 91–292, §1(2), June 25, 1970, 84 Stat. 333; Pub. L. 91–341, July 18, 1970, 84 Stat. 438; Pub. L. 91–363, July 31, 1970, 84 Stat. 687; Pub. L. 91–384, Aug. 18, 1970, 84 Stat. 827; Pub. L. 91–522, Nov. 25, 1970, 84 Stat. 1357; Pub. L. 91–524, title II, §201(a), Nov. 30, 1970, 84 Stat. 1359; Pub. L. 91–670, title I, §101, title II, §201, Jan. 11, 1971, 84 Stat. 2040, 2041; Pub. L. 92–120, Aug. 13, 1971, 85 Stat. 340; Pub. L. 92–233, Feb. 15, 1972, 86 Stat. 39; Pub. L. 92–466, Oct. 6, 1972, 86 Stat. 780; Pub. L. 91–524, title II, §201(f), Nov. 30, 1970, as added Pub. L. 93–86, §1(2)(B), Aug. 10, 1973, 87 Stat. 222; Pub. L. 93–230, Dec. 29, 1973, 87 Stat. 945; Pub. L. 95–279, title IV, §401(a), May 15, 1978, 92 Stat. 242; Pub. L. 96–494, title I, §101, Dec. 3, 1980, 94 Stat. 2570; Pub. L. 97–98, title I, §101(a), Dec. 22, 1981, 95 Stat. 1218; Pub. L. 98–171, §1, Nov. 29, 1983, 97 Stat. 1117; Pub. L. 98–180, title III, §304, Nov. 29, 1983, 97 Stat. 1151; Pub. L. 99–198, title I, §§131(a), 133, title XVI, §§1661(a), 1662(a), Dec. 23, 1985, 99 Stat. 1372, 1373, 1630, 1631; Pub. L. 100–203, title I, §1501, Dec. 22, 1987, 101 Stat. 1330–27; Pub. L. 100–418, title IV, §§4601, 4602, Aug. 23, 1988, 102 Stat. 1407; Pub. L. 101–624, title I, §§112, 113, title XIII, §1306, Nov. 28, 1990, 104 Stat. 3380, 3561; Pub. L. 102–237, title I, §115(2), Dec. 13, 1991, 105 Stat. 1840; Pub. L. 102–553, §2, Oct. 28, 1992, 106 Stat. 4141; Pub. L. 106–78, title VII, §§757(a), 760, Oct. 22, 1999, 113 Stat. 1171, 1173; Pub. L. 107–76, title VII, §765, Nov. 28, 2001, 115 Stat. 743; Pub. L. 107–171, title X, §10601(a), May 13, 2002, 116 Stat. 511; Pub. L. 108–379, §1, Oct. 30, 2004, 118 Stat. 2209; Pub. L. 109–215, §2(a), (b), Apr. 11, 2006, 120 Stat. 328, 329; Pub. L. 110–234, title I, §1504, May 22, 2008, 122 Stat. 993; Pub. L. 110–246, §4(a), title I, §1504, June 18, 2008, 122 Stat. 1664, 1721; Pub. L. 115–334, title I, §1403(a), Dec. 20, 2018, 132 Stat. 4518.) The Naval Stores Act, referred to in subsec. (2)(A), is act Mar. 3, 1923, ch. 217, 42 Stat. 1435, as amended, which is classified generally to chapter 4 (§91 et seq.) of this title. For complete classification of this Act to the Code, see section 91 of this title and Tables. For the effective date of this sentence, referred to in subsec. (5)(A), see section 1403(b) of Pub. L. 115–334, set out as an Effective Date of 2018 Amendment note below. The Standard Containers Act of 1916 and the Standard Containers Act of 1928, referred to in subsec. (6)(H), are act Aug. 31, 1916, ch. 426, 39 Stat. 673, as amended, and act May 21, 1928, ch. 664, 45 Stat. 685, as amended, respectively, and were repealed by Pub. L. 90–628, §1(a), (b), Oct. 22, 1968, 82 Stat. 1320. The date of enactment of this subparagraph, referred to in subsec. (17)(B)(i), (iii), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Subsec. 5(B)(e), which permitted a provision for the accumulation and disbursement of a fund to encourage seasonal adjustments in the production of milk to be included in an order, was omitted as terminated. See Effective and Termination Dates of 1981 Amendment note set out below. Subsec. (5)(H), which permitted marketing orders applicable to milk and its products to be limited in application to milk used for manufacturing, was omitted as terminated. See Termination of 1965 Amendment note set out below. Phrase ", with the approval of the President," following "Secretary of Agriculture" in introductory provisions of subsec. (9) of this section, was omitted on the authority of section 102 of 1947 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the function of the President with respect to approving determinations of the Secretary of Agriculture in connection with agricultural marketing orders under this section. The words "(including the district court of the United States for the District of Columbia)" in subsec. (15)(B) following "The District Courts of the United States" have been deleted as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.", and section 88 of said Title 28 which states in part that "The District of Columbia constitutes one judicial district." 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. 2018—Subsec. (5)(A). Pub. L. 115–334 added third sentence and struck out former third sentence and table which related to minimum aggregate dollar amount of adjustments to prices for milk of the highest use classification under orders that were in effect under this section on Dec. 23, 1985, and fourth sentence which related to adjustment of prices for locations specified in the table at which delivery of such milk was made. 2008—Subsec. (17). Pub. L. 110–246, §1504, added subsec. (17) and struck out former subsec. (17). Prior to amendment, text read as follows: "The provisions of this section, section 608d of this title, applicable to orders shall be applicable to amendments to orders: Provided, That notice of a hearing upon a proposed amendment to any order issued pursuant to this section, given not less than three days prior to the date fixed for such hearing, shall be deemed due notice thereof." 2006—Subsec. (5)(M) to (O). Pub. L. 109–215, §2(a), added pars. (M) to (O). Subsec. (11). Pub. L. 109–215, §2(b)(1), which directed striking out last sentence in subpar. (C), was executed by striking out concluding provisions "The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section." which followed subpar. (C) to reflect the probable intent of Congress. Subsec. (11)(D). Pub. L. 109–215, §2(b)(2), added par. (D). 2004—Subsec. (7)(C). Pub. L. 108–379, in concluding provisions, struck out "or pears" after "grapefruit" and ": Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal" before period at end. 2002—Subsec. (2)(A). Pub. L. 107–171, §10601(a)(1), inserted "caneberries (including raspberries, blackberries, and loganberries)," after "other than pears, olives, grapefruit, cherries,". Subsec. (6)(I). Pub. L. 107–171, §10601(a)(2), substituted "tomatoes, caneberries (including raspberries, blackberries, and loganberries)," for "tomatoes,," in first proviso. 2001—Subsec. (1). Pub. L. 107–76, which directed insertion of "The Secretary is authorized to implement a producer allotment program and a handler withholding program under the cranberry marketing order in the same crop year through informal rulemaking based on a recommendation and supporting economic analysis submitted by the Cranberry Marketing Committee. Such recommendation and analysis shall be submitted by the Committee no later than March 1 of each year." at end of penultimate sentence of section 8c(1) of the Agricultural Marketing Agreement Act of 1937, was executed to this section, which is section 8c(1) of the Agricultural Adjustment Act, to reflect the probable intent of Congress. 1999—Subsec. (6)(I). Pub. L. 106–78, §757(a)(2), substituted "Florida Indian River grapefruit, and cranberries" for "and Florida Indian River grapefruit" in first proviso. Pub. L. 106–78, §757(a)(1), which directed substitution of ", Florida grown strawberries, or cranberries" for "or Florida grown strawberries" in first proviso, was executed by making the substitution for "or Florida-grown strawberries" to reflect the probable intent of Congress. Subsec. (11). Pub. L. 106–78, §760, inserted at end "The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section." 1992—Subsec. (1). Pub. L. 102–553 inserted at end "In carrying out this section, the Secretary shall complete all informal rulemaking actions necessary to respond to recommendations submitted by administrative committees for such orders as expeditiously as possible, but not more than 45 days (to the extent practicable) after submission of the committee recommendations. The Secretary shall establish time frames for each office and agency within the Department of Agriculture to consider the committee recommendations." 1991—Subsec. (5)(B). Pub. L. 102–237 substituted ", and" for "and," before cl. (f). 1990—Subsec. (5)(B)(f). Pub. L. 101–624, §112, added cl. (f). Subsec. (5)(L). Pub. L. 101–624, §113, added par. (L). Subsec. (14)(A). Pub. L. 101–624, §1306(1), struck out "(other than a provision calling for payment of a pro rata share of expenses)" before "shall, on conviction" and substituted ". If" for ": Provided, That if". Subsec. (14)(B). Pub. L. 101–624, §1306(2), struck out "(other than a provision calling for payment of a pro rata share of expenses)" before "may be assessed". 1988—Subsec. (5)(K). Pub. L. 100–418, §4601, added par. (K). Subsec. (6)(I). Pub. L. 100–418, §4602, substituted "tomatoes, or Florida-grown strawberries," for "or tomatoes" in first proviso. 1987—Subsec. (14). Pub. L. 100–203 designated existing provisions as par. (A) and added par. (B). 1985—Subsec. (5)(A). Pub. L. 99–198, §131(a), inserted provisions, with accompanying table, establishing the minimum aggregate amounts of the adjustments under cls. (1) and (2) to prices for milk of the highest use classification under orders in effect on Dec. 23, 1985, and requiring that such prices be adjusted for the locations at which delivery of such milk is made to such handlers. Subsec. (5)(J). Pub. L. 99–198, §133, added par. (J). Subsec. (14). Pub. L. 99–198, §1661(a), substituted "$5,000" for "$500". Subsec. (16)(A). Pub. L. 99–198, §1662(a)(1), designated existing provisions of par. (A) as cl. (i), substituted "Except as provided in clause (ii), the Secretary" for "The Secretary", and added cl. (ii). Subsec. (16)(C). Pub. L. 99–198, §1662(a)(2), substituted "Except as otherwise provided in this subsection with respect to the termination of an order issued under this section, the termination" for "The termination". 1983—Subsec. (2)(B). Pub. L. 98–180, §304(1), substituted "poultry (but not excepting turkeys and not excepting poultry which produce commercial eggs)," for "poultry (but not excepting turkeys), eggs (but not excepting turkey hatching eggs),". Subsec. (6)(I). Pub. L. 98–180, §304(2), inserted "eggs," after "pecans," in first proviso. Pub. L. 98–171 inserted, in first proviso, "filberts (otherwise known as hazelnuts)," after "almonds," in two places. 1981—Subsec. (5)(B). Pub. L. 97–98, §101(a)(1), temporarily added cls. (d) and (e) and struck out former cl. (d) which read as follows: "a further adjustment, equitably to apportion the total value of the milk purchased by any handler, or by all handlers, among producers and associations of producers, on the basis of their marketings of milk during a representative period of time." See Effective and Termination Dates of 1981 Amendment note below. Subsec. (17). Pub. L. 97–98, §101(a)(2), temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Effective and Termination Dates of 1981 Amendment note below. A substantially identical amendment was temporarily made by Pub. L. 91–524, §201(f)(1), as added by Pub. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below. Subsec. (18). Pub. L. 97–98, §101(a)(3), temporarily inserted "to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs" after "pure and wholesome milk". See Effective and Termination Dates of 1981 Amendment note below. An identical amendment was temporarily made by Pub. L. 91–524, §201(f)(2), as added by Pub. L. 93–86, see 1970 Amendment note and Termination of 1970 Amendment note below. 1980—Subsec. (6)(I). Pub. L. 96–494 inserted, in first proviso, "walnuts," before "or tomatoes" and "walnuts, olives," before "and Florida Indian River grapefruit". 1978—Subsec. (6)(I). Pub. L. 95–279 inserted, in first proviso, "raisins," after "apples," and ", raisins," after "with respect to almonds". 1973—Subsec. (6)(I). Pub. L. 93–230 inserted "and Florida Indian River grapefruit" after "with respect to almonds" in first proviso. Subsec. (17). Pub. L. 93–86 added Pub. L. 91–524, §201(f)(1). See 1970 Amendment note below. 1972—Subsec. (2)(A). Pub. L. 92–466, §1(1), inserted "pears," after "canned or frozen" the first time appearing and before "olives,". Pub. L. 92–233, §1(1), inserted "and not including potatoes for canning, freezing, or other processing" after "vegetables (not including vegetables, other than asparagus, for canning or freezing". The amendment served to make permanent the temporary exemption first inserted by Pub. L. 91–196, §1(1). See 1970 Amendment note and Effective Date of 1970 Amendment note below. Subsec. (2)(B). Pub. L. 92–233, §1(2), inserted "including potatoes for canning, freezing, or other processing" after "fruits and vegetables for canning or freezing,". The amendment served to make permanent the temporary exemption first inserted by Pub. L. 91–196, §1(2). See 1970 Amendment note and Effective Date of 1970 Amendment note below. Subsec. (6)(I). Pub. L. 92–466, §1(2), in first proviso, struck out "fresh" before "pears" and inserted at end "and when the handling of any commodity for canning or freezing is regulated, then any such projects may also deal with the commodity or its products in canned or frozen form". Subsec. (6)(J). Pub. L. 92–466, §1(5), added par. (J). Subsec. (7)(C). Pub. L. 92–466, §1(3), inserted "or pears" after "a marketing order applicable to grapefruit", struck out period at end, and inserted ": Provided, That in a marketing order applicable to pears for canning or freezing the representation of processors and producers on such agency shall be equal." Subsec. (19). Pub. L. 92–466, §1(4), inserted provision respecting producer or processor referendum for approving order applicable to pears for canning or freezing. 1971—Subsec. (5)(I). Pub. L. 91–670, §101, added par. (I). Subsec. (6)(I). Pub. L. 92–120 inserted "California-grown peaches," after "applicable to almonds," in first proviso. Pub. L. 91–670, §201, substituted "apples, or tomatoes" for "or apples" in first proviso. 1970—Subsec. (2)(A). Pub. L. 91–341 substituted "Connecticut, Colorado, Utah, New Mexico, Illinois, and Ohio" for "and Connecticut". Pub. L. 91–196, §1(1), temporarily inserted "and not including potatoes for canning, freezing, or other processing" after "vegetables (not including vegetables, other than asparagus, for canning or freezing". See Effective Date of 1970 Amendment note below. Subsec. (2)(B). Pub. L. 91–196, §1(2), temporarily inserted "including potatoes for canning, freezing, or other processing," after "fruits and vegetables for canning or freezing,". See Effective Date of 1970 Amendment note below. Subsec. (5)(B). Pub. L. 91–524, §201(a), temporarily added cls. (d) to (f) and struck out former cl. (d) and concluding provisions. See Termination of 1970 Amendment note below. Subsec. (6)(I). Pub. L. 91–522 inserted "almonds," before "cherries" in first proviso, inserted at end of first proviso "and with respect to almonds may provide for crediting the pro rata expense assessment obligations of a handler with all or any portion of his direct expenditures for such marketing promotion including paid advertising as may be authorized by the order", and amended second proviso generally. Pub. L. 91–384 inserted "papayas," after "applicable to cherries," in first proviso. Pub. L. 91–363 substituted "avocados, or apples" for "or avocados" in first proviso. Pub. L. 91–292 which directed the insertion of "production research," after "Establishing or providing for the establishment of", was executed by making the insertion after "establishing or providing for the establishment of" to reflect the probable intent of Congress, inserted "or efficient production" after "consumption", and struck out period at end and inserted ": Provided further, That the inclusion in a Federal marketing order of provisions for research shall not be deemed to preclude, preempt or supersede research provisions in any State program covering the same commodity." Subsec. (17). Pub. L. 91–524, §201(f)(1), as added by Pub. L. 93–86, temporarily struck out period at end and added second proviso related to provisions governing procedures when one-third or more of producers apply in writing for a hearing on a proposed amendment of an order, prohibiting any construction of subsec. (12) in a way which might permit cooperatives to act for their members in applying for hearings, and excusing the Secretary from the requirement of having to call a hearing on proposed amendments to an order in response to an application for such a hearing when the application for such a hearing is received by the Secretary within ninety days after the date on which the Secretary has announced his decision on a previously proposed amendment to such order and the two proposed amendments are essentially the same. See Termination of 1970 Amendment note below. Subsec. (18). Pub. L. 91–524, §201(f)(2), as added by Pub. L. 93–86, temporarily inserted "to meet current needs and further to assure a level of farm income adequate to maintain productive capacity sufficient to meet anticipated future needs" after "pure and wholesome milk". See Termination of 1970 Amendment note below. 1965—Subsec. (5)(B). Pub. L. 89–321, §101, temporarily added cl. (d) and concluding provisions and struck out former cl. (d). See Termination of 1965 Amendments note below. Subsec. (5)(H). Pub. L. 89–321, §102(a), temporarily added par. (H). See Termination of 1965 Amendments note below. Subsec. (6)(I). Pub. L. 89–330 inserted ", carrots, citrus fruits, onions, Tokay grapes, fresh pears, dates, plums, nectarines, celery, sweet corn, limes, olives, pecans, or avocados" after "applicable to cherries" in proviso. Subsec. (18). Pub. L. 89–321, §102(b), temporarily inserted "or, in the case of orders applying only to manufacturing milk, the production area" after "marketing area" in two places. See Termination of 1965 Amendments note below. 1962—Subsec. (6)(I). Pub. L. 87–703 struck out period at end and inserted ": Provided, That with respect to orders applicable to cherries such projects may provide for any form of marketing promotion including paid advertising." 1961—Subsec. (2). Pub. L. 87–128, §141(3), designated provisions after "applicable only to" as par. (A), inserted "cherries, apples, or cranberries," after "grapefruit," the first time appearing, substituted "Idaho, New York, Michigan, Maryland, New Jersey, Indiana, California, Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, and Connecticut, and not including fruits for canning or freezing other than olives, grapefruit, cherries, cranberries, and apples produced in the States named above except Washington, Oregon, and Idaho)" for "and Idaho, and not including fruits, other than olives and grapefruit, for canning or freezing)", struck out "soybeans," before "hops, honeybees", and added par. (B). Subsec. (19). Pub. L. 87–128, §141(4), amended text generally. 1954—Subsec. (2). Act Aug. 28, 1954, §401(b), amended text generally. Subsec. (6). Act Aug. 28, 1954, §401(c), added introductory provisions and struck out former introductory provisions and added pars. (H) and (I). Subsec. (7)(C). Act Aug. 28, 1954, §401(d), inserted at end "There shall be included in the membership of any agency selected to administer a marketing order applicable to grapefruit for canning or freezing one or more representatives of processors of the commodity specified in such order." 1949—Subsecs. (2), (6). Act June 29, 1949, inserted "filberts, almonds," before "pecans and walnuts" in subsec. (2) and in introductory provisions of subsec. (6). 1948—Subsec. (17). Act July 3, 1948, §302(c), struck out "and section 608e of this title". Subsec. (18). Act July 3, 1948, §302(b), amended text generally. 1947—Subsec. (2). Act Aug. 1, 1947, §4, inserted "or freezing" after "canning" in two places. Subsec. (6). Act Aug. 1, 1947, §2, amended text generally. 1942—Subsec. (6). Act Feb. 10, 1942, substituted "hops and their products," for "hops," in introductory provisions and added par. (F). 1939—Subsecs. (2), (6). Act May 31, 1939, made technical amendment to Act June 3, 1937, §2, by adding a subsection (m) designation at the end thereof and amended this section by inserting ", other than apples produced in the States of Washington, Oregon, and Idaho," after "apples" in subsec. (2) and in introductory provisions of subsec. (6). 1938—Subsec. (2). Act Apr. 13, 1938, §1, inserted ", hops," after "soybeans". Subsec. (6). Act Apr. 13, 1938, §2, inserted ", hops," after "soybeans and their products" in introductory provisions. 1937—Act June 3, 1937, §1, affirmed, validated, and reenacted provisions of section. See Validity of Section Affirmed note below. Subsec. (2). Act Aug. 5, 1937, amended act June 3, 1937, by adding thereto subsec. (k), which in turn directed the insertion of "and the products of honeybees" after "except the products of naval stores", which was executed by making the insertion after "except products of naval stores", to reflect the probable intent of Congress and inserted ", honeybees" after "soybeans". Subsec. (5)(B)(d). Act June 3, 1937, §2(d), substituted "marketings of milk" for "production of milk". Subsec. (6). Act Aug. 5, 1937, amended act June 3, 1937, by adding subsec. (l), which in turn amended subsec. (6) by inserting "honeybees," after "soybeans and their products," in introductory provisions. Subsec. (6)(B). Act June 3, 1937, §2(e), struck out "produced or" before "sold by such producers" and substituted "quantities available for sale by" for "production or sales of". Subsecs. (18), (19). Act June 3, 1937, §2(f), added subsecs. (18) and (19). 1936—Subsec. (15)(B). Act June 25, 1936, provided that the Supreme Court of the District of Columbia should thereafter be known as the "district court of the United States for the District of Columbia". See Codification note above. 1935—Act Aug. 24, 1935, added section to the Agricultural Adjustment Act and struck out former section 608(3) of this title. Pub. L. 115–334, title I, §1403(b), Dec. 20, 2018, 132 Stat. 4518, provided that: "(1) Effective date.—The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of enactment of this Act [Dec. 20, 2018]. "(2) Implementation.—Implementation of the amendment made by subsection (a) shall not be subject to any of the following: "(A) The notice and comment provisions of section 553 of title 5, United States Code. "(B) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 [act June 3, 1937]. "(C) The order amendment requirements of section 8c(17) of that Act (7 U.S.C. 608c(17)). "(D) A referendum under section 8c(19) of that Act (7 U.S.C. 608c(19))." 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. Pub. L. 109–215, §2(d), Apr. 11, 2006, 120 Stat. 330, provided that: "The amendments made by this section [amending this section] take effect on the first day of the first month beginning more than 15 days after the date of the enactment of this Act [Apr. 11, 2006]. To accomplish the expedited implementation of these amendments, effective on the date of the enactment of this Act, the Secretary of Agriculture shall include in the pool distributing plant provisions of each Federal milk marketing order issued under subparagraph (B) of section 8c(5) of the Agriculture Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agriculture [Agricultural] Marketing Agreement Act of 1937, a provision that a handler described in subparagraph (M) of such section, as added by subsection (a) of this section, will be fully regulated by the order in which the handler's distributing plant is located. These amendments shall not be subject to a referendum under section 8c(19) of such Act (7 U.S.C. 608c(19))." Pub. L. 106–78, title VII, §760, Oct. 22, 1999, 113 Stat. 1173, provided that the amendment made by section 760 is effective Oct. 1, 1999. Amendments by sections 112 and 113 of Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. Effective Dates of 1985 Amendment Pub. L. 99–198, title I, §131(b), Dec. 23, 1985, 99 Stat. 1373, provided that: "The amendment made by this section [amending this section] shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act [Dec. 23, 1985]." Pub. L. 99–198, title I, §133, Dec. 23, 1985, 99 Stat. 1373, provided that the amendment made by that section is effective Jan. 1, 1986. Pub. L. 99–198, title XVI, §1661(b), Dec. 23, 1985, 99 Stat. 1630, provided that: "The amendment made by subsection (a) [amending this section] shall not apply with respect to any violation described in section 8c(14) of the Agricultural Adjustment Act [subsec. (14) of this section] occurring before the date of the enactment of this Act [Dec. 23, 1985]." Effective and Termination Dates of 1981 Amendment Pub. L. 97–98, title I, §101(b), Dec. 22, 1981, 95 Stat. 1219, as amended by Pub. L. 99–198, title I, §132, Dec. 23, 1985, 99 Stat. 1373; Pub. L. 101–624, title I, §108, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–66, title I, §1105(b), Aug. 10, 1993, 107 Stat. 317, provided that: "The provisions of subsection (a) [amending this section] shall become effective January 1, 1982, and shall terminate December 31, 1996." Pub. L. 95–279, title IV, §401(a), May 15, 1978, 92 Stat. 242, provided that the amendment made by that section is effective Oct. 1, 1978. Pub. L. 91–196, §2, Feb. 20, 1970, 84 Stat. 14, provided that: "The amendments made by this Act [amending this section] shall be effective only during the period beginning with the date of enactment of this Act [Feb. 20, 1970] and ending two years after such date." The limited effective period beginning Feb. 20, 1970, and ending two years after such date for the amendments made by Pub. L. 91–196 was removed as a result of the enactment of Pub. L. 92–233, Feb. 15, 1972, 86 Stat. 39, which made amendments to the section substantively identical to those made by Pub. L. 91–196 but without a time limit on such amendments of the type which had limited the duration of such earlier Pub. L. 91–196 amendments. Termination of 1970 Amendment; Savings Provision Pub. L. 91–524, title II, §201(e), Nov. 30, 1970, 84 Stat. 1361, as amended by Pub. L. 93–86, §1(2)(A), Aug. 10, 1973, 87 Stat. 222; Pub. L. 95–113, title II, §201, Sept. 29, 1977, 91 Stat. 919, provided that: "The provisions of this section [amending 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 issued extend or be effective beyond December 31, 1984." Termination of 1965 Amendment; Reversion of Status of Producer Handlers of Milk to Pre-Amendment Status Pub. L. 89–321, title I, §§103, 104, Nov. 3, 1965, 79 Stat. 1188, as amended by Pub. L. 90–559, §1(3), Oct. 11, 1968, 82 Stat. 996, provided that: "Sec. 103. The provisions of this title [amending this section] shall not be effective after December 31, 1970. "Sec. 104. The legal status of producer handlers of milk under the 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 amendments made by this title [amending this section] as it was prior thereto." Pub. L. 89–321, §1, Nov. 3, 1965, 79 Stat. 1187, provided: "That this Act [enacting sections 1305, 1306, 1316, 1344b, 1379, 1446a–1, and 1838 of this title, amending this section and sections 1301, 1314b, 1332, 1333, 1334, 1335, 1339, 1339a, 1339c, 1340, 1346, 1348, 1350, 1353, 1374, 1379b, 1379c, 1379d, 1379e, 1379g, 1379i, 1423, 1427, 1428, 1444, 1445a, and 1782 of this title and section 590p of Title 16, Conservation, repealing sections 1801 to 1816, 1821 to 1824, 1831, and 1832 to 1837 of this title, enacting provisions set out as notes under this section and sections 1282, 1301, 1332, 1334, 1339, 1350, 1359, 1379b, 1379c, 1379d, 1379i, 1428, 1441, and 1445a of this title and section 590p of Title 16, and amending provisions set out as notes under sections 1339, 1379c, and 1427 of this title] may be cited as the 'Food and Agriculture Act of 1965'." Expedited Marketing Order for Hass Avocados for Grades and Standards and Other Purposes Pub. L. 110–234, title X, §10108, May 22, 2008, 122 Stat. 1338, and Pub. L. 110–246, §4(a), title X, §10108, June 18, 2008, 122 Stat. 1664, 2099, provided that: "(a) In General.—The Secretary [of Agriculture] shall initiate procedures under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to determine whether it would be appropriate to establish a Federal marketing order for Hass avocados relating to grades and standards and for other purposes under that Act. "(b) Expedited Procedures.— "(1) Proposal for an order.—An organization of domestic avocado producers in existence on the date of enactment of this Act [June 18, 2008] may request the issuance of, and submit to the Secretary a proposal for, an order described in subsection (a). "(2) Publication of proposal.—Not later than 60 days after the date on which the Secretary receives a proposed order under paragraph (1), the Secretary shall initiate procedures described in subsection (a) to determine whether the proposed order should proceed. "(c) Effective Date.—Any order issued under this section shall become effective not later than 15 months after the date on which the Secretary initiates procedures under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937." [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] Records and Facility Requirements Pub. L. 109–215, §2(c), Apr. 11, 2006, 120 Stat. 330, provided that: "Notwithstanding any other provision of this section [amending this section and enacting provisions set out as notes under this section and section 601 of this title], or the amendments made by this section, a milk handler (including a producer-handler or a producer operating as a handler) that is subject to regulation under this section or an amendment made by this section shall comply with the requirements of section 1000.27 of title 7, Code of Federal Regulations, or a successor regulation, relating to handler responsibility for records or facilities." Minnesota-Wisconsin Price Series Reform Pub. L. 101–624, title I, §103, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to consider alternative pricing formula recommendations as they related to the Minnesota-Wisconsin price series used to determine the minimum prices paid under milk marketing orders, to hold a national hearing on proposed replacements of that price series, and to report to Congress on issuance of a final decision on the hearing proposals. Hearings on Federal Milk Marketing Orders Pub. L. 101–624, title I, §104, Nov. 28, 1990, 104 Stat. 3379, required the Secretary of Agriculture to conclude national hearings on possible changes in the pricing provisions of Federal milk marketing orders by Mar. 29, 1990, and to effect any system-wide changes in the Federal orders setting minimum prices that milk processors must pay for Grade A milk received from producers, by Jan. 1, 1992. Status of Producer Handlers Pub. L. 101–624, title I, §115, Nov. 28, 1990, 104 Stat. 3381, provided that: "The legal status of producer handlers of milk under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, shall be the same after the amendments made by this title [enacting section 1446e of this title and amending this section and sections 1446a and 4553 of this title, section 713a–14 of Title 15, Commerce and Trade, and provisions set out as notes under this section and section 1731 of this title] take effect as it was before the effective date of the amendments [see Effective Date of 1990 Amendment note set out under section 1421 of this title]." Multiple Component Pricing Study Pub. L. 101–624, title I, §116, Nov. 28, 1990, 104 Stat. 3381, required the Secretary of Agriculture to initiate a study to determine whether, and to what extent, milkfat is being produced in the United States in excess of commercial market needs as a result of any provision of law, regulation, or order that affects the manner in which producers receive payment for milk on the basis of the milk components contained in their marketings of milk under any Federal or State milk pricing program, to report to Congress on the study not later than 180 days after Nov. 28, 1990, and to announce a hearing on multiple component pricing provisions in individual Federal milk marketing orders issued under this section. Marketwide Service Payments Pub. L. 99–260, §9, Mar. 20, 1986, 100 Stat. 51, provided that: "(a) Hearing.—Not later than 90 days after receipt of a proposal to amend a milk marketing order in accordance with section 8c(5)(J) of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as added by section 133 of the Food Security Act of 1985), the Secretary of Agriculture shall conduct a hearing on the proposal. "(b) Implementation.—Not later than 120 days after a hearing is conducted under subsection (a), the Secretary shall implement, in accordance with the Agricultural Adjustment Act [this chapter], a marketwide service payment program under section 8c(5)(J) of such Act that meets the requirements of such Act." Termination of Marketing Orders Pub. L. 99–198, title XVI, §1662(b), Dec. 23, 1985, 99 Stat. 1631, provided that: "The Secretary of Agriculture may not terminate any marketing order under section 8c(16) of the of the [so in original] Agricultural Adjustment Act (7 U.S.C. 608c(16)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, if such termination becomes effective before January 16, 1986." Report to Houses of Congress Regarding Implementation of Provisions Relating to Handling of Commodities Pub. L. 95–279, title IV, §401(b), May 15, 1978, 92 Stat. 243, provided that, within a period of 60 days following the second anniversary of the implementation of section 401 of Pub. L. 95–279, the Secretary of Agriculture was to submit to Congress a report describing how section 401 was implemented. Retention of Status of Producer Handlers of Milk at Pre-1985 Amendment Status Pub. L. 99–198, title I, §134, Dec. 23, 1985, 99 Stat. 1373, provided that: "The legal status of producer handlers of milk under the Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, shall be the same after the amendments made by this title [probably means this subtitle, subtitle C (§§131–134) of title I of Pub. L. 99–198, amending subsec. (5) of this section and provisions set out as a note above] take effect as it was before the effective date of such amendments." Pub. L. 97–98, title I, §102, Dec. 22, 1981, 95 Stat. 1219, provided that: "The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 [this chapter] shall be the same subsequent to the adoption of the amendment made by the Agriculture and Food Act of 1981 [see Tables] as it was prior thereto." Pub. L. 95–113, title II, §202, Sept. 29, 1977, 91 Stat. 919, provided that: "The legal status of producer handlers of milk under the provisions of the Agricultural Adjustment Act [see Short Title note set out under section 601 of this title], as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended [act June 3, 1937, ch. 296, 50 Stat. 246, set out as a note under section 601 of this title] shall be the same subsequent to the adoption of the amendment made by the Food and Agriculture Act of 1977 [see Short Title of 1977 Amendment note set out under section 1281 of this title] as it was prior thereto." Pub. L. 91–524, title II, §206, as added by Pub. L. 93–86, §1(6), Aug. 10, 1973, 87 Stat. 224; amended Pub. L. 93–125, §1(a)(iii), Oct. 18, 1973, 87 Stat. 450, provided that: "The legal status of producer handlers of milk under the 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 amendments made by the Agriculture and Consumer Protection Act of 1973 [Pub. L. 93–86, amending this section and sections 1446, 1446a, and 4553 of this title] as it was prior thereto." Pub. L. 91–524, title II, §201(b), Nov. 30, 1970, 84 Stat. 1361, provided that the legal status of producer handlers of milk under the Agricultural Adjustment Act shall be the same subsequent to the adoption of the amendments made by Pub. L. 91–524 as it was prior thereto. For termination of this provision, see Termination of 1970 Amendment note above. Ratification, Legalization, Confirmation, and Extension of Class I Base Plan Provisions in Marketing Orders Issued Prior to Nov. 30, 1970 Pub. L. 91–524, title II, §201(c), Nov. 30, 1970, 84 Stat. 1361, validated and expressly ratified, legalized, and confirmed class I base plan provisions of marketing orders previously issued by the Secretary of Agriculture. For termination of this provision, see Termination of 1970 Amendment note above. Reaffirmation of Subsec. (5)(G) of This Section Pub. L. 91–524, title II, §201(d), Nov. 30, 1970, 84 Stat. 1361, clarified Congressional intent that subsection (5)(G) be fully reaffirmed and in no way altered, rescinded, or amended. For termination of this provision, see Termination of 1970 Amendment note above. Act June 3, 1937, ch. 296, §1, 50 Stat. 246, affirmed and validated, and reenacted without change the provisions of this section, except for the amendments to subsections (5)(B)(d) and (6)(B) by section 2 of the act, and the addition of subsections (18) and (19) by said section 2. See Validity of Certain Sections Affirmed note set out under section 601 of this title. 3 So in original. Probably should be followed by a period. 4 So in original. Probably should be "paragraph". 5 So in original. Probably should be "clause". 6 So in original. Probably should be capitalized. 7 So in original. Probably should be a period. 8 So in original. Probably should be "Florida-grown". §608c–1. Repealed. June 29, 1945, ch. 196, 59 Stat. 263 Section, acts Apr. 13, 1938, ch. 143, §3, 52 Stat. 215; May 26, 1939, ch. 150, 53 Stat. 782; Feb. 10, 1942, ch. 52, §1, 56 Stat. 85, related to orders applicable to hops. Section was not a part of the Agricultural Adjustment Act of 1933. §608d. Books and records (1) All parties to any marketing agreement, and all handlers subject to an order, shall severally, from time to time, upon the request of the Secretary, furnish him with such information as he finds to be necessary to enable him to ascertain and determine the extent to which such agreement or order has been carried out or has effectuated the declared policy of this chapter and with such information as he finds to be necessary to determine whether or not there has been any abuse of the privilege of exemptions from the antitrust laws. Such information shall be furnished in accordance with forms of reports to be prescribed by the Secretary. For the purpose of ascertaining the correctness of any report made to the Secretary pursuant to this subsection, or for the purpose of obtaining the information required in any such report, where it has been requested and has not been furnished, the Secretary is authorized to examine such books, papers, records, copies of income-tax reports, accounts, correspondence, contracts, documents, or memoranda, as he deems relevant and which are within the control (1) of any such party to such marketing agreement, or any such handler, from whom such report was requested or (2) of any person having, either directly or indirectly, actual or legal control of or over such party or such handler or (3) of any subsidiary of any such party, handler, or person. (2) Notwithstanding the provisions of section 607 of this title, all information furnished to or acquired by the Secretary of Agriculture pursuant to this section, as well as information for marketing order programs that is categorized as trade secrets and commercial or financial information exempt under section 552(b)(4) of title 5 from disclosure under section 552 of such title, shall be kept confidential by all officers and employees of the Department of Agriculture 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 administrative hearing brought at the direction, or upon the request, of the Secretary of Agriculture, or to which he or any officer of the United States is a party, and involving the marketing agreement or order with reference to which the information so to be disclosed was furnished or acquired. Notwithstanding the preceding sentence, any such information relating to a marketing agreement or order applicable to milk may be released upon the authorization of any regulated milk handler to whom such information pertains. The Secretary shall notify the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than 10 legislative days before the contemplated release under law, of the names and addresses of producers participating in such marketing agreements and orders, and shall include in such notice a statement of reasons relied upon by the Secretary in making the determination to release such names and addresses. Nothing in this section shall be deemed to prohibit (A) the issuance of general statements based upon the reports of a number of parties to a marketing agreement or of handlers subject to an order, which statements do not identify the information furnished by any person, or (B) the publication by direction of the Secretary, of the name of any person violating any marketing agreement or any order, together with a statement of the particular provisions of the marketing agreement or order violated by such person. Any such officer or employee violating the provisions of this section shall upon conviction be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and shall be removed from office. (3) Collection of cranberry inventory data.— (A) In general.—If an order is in effect with respect to cranberries, the Secretary of Agriculture may require persons engaged in the handling or importation of cranberries or cranberry products (including producer-handlers, second handlers, processors, brokers, and importers) to provide such information as the Secretary considers necessary to effectuate the declared policy of this chapter, including information on acquisitions, inventories, and dispositions of cranberries and cranberry products. (B) Delegation to committee.—The Secretary may delegate the authority to carry out subparagraph (A) to any committee that is responsible for administering an order covering cranberries. (C) Confidentiality.—Paragraph (2) shall apply to information provided under this paragraph. (D) Violations.—Any person who violates this paragraph shall be subject to the penalties provided under section 608c(14) of this title. (May 12, 1933, ch. 25, title I, §8d, as added Aug. 24, 1935, ch. 641, §6, 49 Stat. 761; amended June 3, 1937, ch. 296, §1, 50 Stat. 246; Pub. L. 99–198, title XVI, §1663, Dec. 23, 1985, 99 Stat. 1631; Pub. L. 106–78, title VII, §757(b), Oct. 22, 1999, 113 Stat. 1171.) Act Aug. 24, 1935, struck out provisions of section 8(4) of act May 12, 1933, formerly appearing in section 608(4) of this title and added a new section 8d containing provisions appearing in text. 1985—Subsec. (2). Pub. L. 99–198, §1663(1), extended confidentiality requirement to include information for marketing order programs that is categorized as trade secrets and commercial or financial information that is exempt from disclosure under section 552 of title 5. Pub. L. 99–198, §1663(2), inserted provisions directing that confidential information relating to a marketing agreement or order applicable to milk may be released upon the authorization of any regulated milk handler to whom such information pertains and that the Secretary notify the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives not later than 10 legislative days before the contemplated release under law, of the names and addresses of producers participating in such marketing agreements and orders, and include in such notice a statement of reasons relied upon by the Secretary in making the determination to release such names and addresses. Pub. L. 103–111, title VII, §715, Oct. 21, 1993, 107 Stat. 1079, provided that: "Hereafter, none of the funds available to the Department of Agriculture may be expended to release information acquired from any handler under the Agricultural Marketing Agreement Act of 1937, as amended [see section 674 of this title]: Provided, That this provision shall not prohibit the release of information to other Federal agencies for enforcement purposes: Provided further, That this provision shall not prohibit the release of aggregate statistical data used in formulating regulations pursuant to the Agricultural Marketing Agreement Act of 1937, as amended: Provided further, That this provision shall not prohibit the release of information submitted by milk handlers." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–341, title VII, §721, Aug. 14, 1992, 106 Stat. 908. Pub. L. 102–142, title VII, §728, Oct. 28, 1991, 105 Stat. 914. Pub. L. 101–506, title VI, §630, Nov. 5, 1990, 104 Stat. 1349. Pub. L. 101–161, title VI, §630, Nov. 21, 1989, 103 Stat. 985. Pub. L. 100–460, title VI, §630, Oct. 1, 1988, 102 Stat. 2262. §608e. Repealed. July 3, 1948, ch. 827, title III, §302(d), 62 Stat. 1258 Section, act May 12, 1933, ch. 25, title I, §8e, as added Aug. 24, 1935, ch. 641, §6, 49 Stat. 762; amended June 3, 1937, ch. 296, §1, 50 Stat. 246, related to determination of base period. Effective Date of Repeal Repeal effective Jan. 1, 1950, see section 303 of act July 3, 1948 set out as an Effective Date of 1948 Amendment note under section 1301 of this title. §608e–1. Import prohibitions on specified foreign produce (a) Import prohibitions on tomatoes, avocados, limes, etc. Subject to the provisions of subsections (c) and (d) and notwithstanding any other provision of law, whenever a marketing order issued by the Secretary of Agriculture pursuant to section 608c of this title contains any terms or conditions regulating the grade, size, quality, or maturity of tomatoes, raisins, olives (other than Spanish-style green olives), prunes, avocados, mangoes, limes, grapefruit, green peppers, Irish potatoes, cucumbers, oranges, onions, walnuts, cherries, pecans, dates, filberts, table grapes, eggplants, kiwifruit, nectarines, clementines, plums, pistachios, apples, or caneberries (including raspberries, blackberries, and loganberries) produced in the United States the importation into the United States of any such commodity, other than dates for processing, during the period of time such order is in effect shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of such order or comparable restrictions promulgated hereunder: Provided, That this prohibition shall not apply to such commodities when shipped into continental United States from the Commonwealth of Puerto Rico or any Territory or possession of the United States where this chapter has force and effect: Provided further, That whenever two or more such marketing orders regulating the same agricultural commodity produced in different areas of the United States are concurrently in effect, the importation into the United States of any such commodity, other than dates for processing, shall be prohibited unless it complies with the grade, size, quality, and maturity provisions of the order which, as determined by the Secretary of Agriculture, regulates the commodity produced in the area with which the imported commodity is in most direct competition. Such prohibition shall not become effective until after the giving of such notice as the Secretary of Agriculture determines reasonable, which shall not be less than three days. In determining the amount of notice that is reasonable in the case of tomatoes the Secretary of Agriculture shall give due consideration to the time required for their transportation and entry into the United States after picking. Whenever the Secretary of Agriculture finds that the application of the restrictions under a marketing order to an imported commodity is not practicable because of variations in characteristics between the domestic and imported commodity he shall establish with respect to the imported commodity, other than dates for processing, such grade, size, quality, and maturity restrictions by varieties, types, or other classifications as he finds will be equivalent or comparable to those imposed upon the domestic commodity under such order. The Secretary of Agriculture may promulgate such rules and regulations as he deems necessary, to carry out the provisions of this section. Any person who violates any provision if 1 this section or of any rule, regulation, or order promulgated hereunder shall be subject to a forfeiture in the amount prescribed in section 608a(5) of this title or, upon conviction, a penalty in the amount prescribed in section 608c(14) of this title, or to both such forfeiture and penalty. (b) Extension of time for marketing order; factors; review (1) The Secretary may provide for a period of time (not to exceed 35 days) in addition to the period of time covered by a marketing order during which the marketing order requirements would be in effect for a particular commodity during any year if the Secretary determines that such additional period of time is necessary— (A) to effectuate the purposes of this chapter; and (B) to prevent the circumvention of the grade, size, quality, or maturity standards of a seasonal marketing order applicable to a commodity produced in the United States by imports of such commodity. (2) In making the determination required by paragraph (1), the Secretary, through notice and comment procedures, shall consider— (A) to what extent, during the previous year, imports of a commodity that did not meet the requirements of a marketing order applicable to such commodity were marketed in the United States during the period that such marketing order requirements were in effect for available domestic commodities (or would have been marketed during such time if not for any additional period established by the Secretary); (B) if the importation into the United States of such commodity did, or was likely to, circumvent the grade, size, quality or maturity standards of a seasonal marketing order applicable to such commodity produced in the United States; and (C) the availability and price of commodities of the variety covered by the marketing order during any additional period the marketing order requirements are to be in effect. (3) An additional period established by the Secretary in accordance with this subsection shall be— (A) announced not later than 30 days before the date such additional period is to be in effect; and (B) reviewed by the Secretary on request, through notice and comment procedures, at least every 3 years in order to determine if the additional period is still needed to prevent circumvention of the seasonal marketing order by imported commodities. (4) For the purposes of carrying out this subsection, the Secretary is authorized to make such reasonable inspections as may be necessary. (c) Notification of United States Trade Representative of import restrictions; advisement of Secretary of Agriculture Prior to any import prohibition or regulation under this section being made effective with respect to any commodity— (1) the Secretary of Agriculture shall notify the United States Trade Representative of such import prohibition or regulation; and (2) the United States Trade Representative shall advise the Secretary of Agriculture, within 60 days of the notification under paragraph (1), to ensure that the application of the grade, size, quality, and maturity provisions of the relevant marketing order, or comparable restrictions, to imports is not inconsistent with United States international obligations under any trade agreement, including the General Agreement on Tariffs and Trade. (d) Proposed prohibition or regulation; authority of Secretary of Agriculture to proceed The Secretary may proceed with the proposed prohibition or regulation if the Secretary receives the advice and concurrence of the United States Trade Representative within 60 days of the notification under subsection (c)(1). (May 12, 1933, ch. 25, title I, §8e, as added Aug. 28, 1954, ch. 1041, title IV, §401(e), 68 Stat. 907; amended Aug. 31, 1954, ch. 1172, §3(a), 68 Stat. 1047; Pub. L. 87–128, title I, §141(5), Aug. 8, 1961, 75 Stat. 305; Pub. L. 91–670, title IV, §401, Jan. 11, 1971, 84 Stat. 2047; Pub. L. 95–113, title X, §1006, Sept. 29, 1977, 91 Stat. 951; Pub. L. 97–312, §2, Oct. 14, 1982, 96 Stat. 1461; Pub. L. 100–418, title IV, §4603, Aug. 23, 1988, 102 Stat. 1407; Pub. L. 101–624, title XIII, §§1307, 1308, Nov. 28, 1990, 104 Stat. 3561; Pub. L. 107–171, title X, §10601(b), May 13, 2002, 116 Stat. 511; Pub. L. 110–234, title X, §10102, May 22, 2008, 122 Stat. 1335; Pub. L. 110–246, §4(a), title X, §10102, June 18, 2008, 122 Stat. 1664, 2097; Pub. L. 115–334, title XII, §12503, Dec. 20, 2018, 132 Stat. 4987.) 2018—Subsec. (a). Pub. L. 115–334 inserted "cherries, pecans," after "walnuts,". 2008—Subsec. (a). Pub. L. 110–246, §10102, inserted "clementines," after "nectarines," in first sentence. 2002—Subsec. (a). Pub. L. 107–171 substituted "apples, or caneberries (including raspberries, blackberries, and loganberries)" for "or apples" in first sentence. 1990—Subsec. (a). Pub. L. 101–624, §§1307, 1308(1), substituted "Subject to the provisions of subsections (c) and (d) of this section and notwithstanding any other provision of law," for "Notwithstanding any other provision of law," and "eggplants, kiwifruit, nectarines, plums, pistachios, or apples" for "or eggplants". Subsecs. (c), (d). Pub. L. 101–624, §1308(2), added subsecs. (c) and (d). 1982—Pub. L. 97–312 extended import prohibition to table grapes. 1977—Pub. L. 95–113 extended import prohibition to filberts. 1971—Pub. L. 91–670 extended import prohibition to raisins, olives (other than Spanish-style green olives), and prunes. 1961—Pub. L. 87–128 extended importation prohibition to oranges, onions, walnuts and dates, other than dates for processing. 1954—Act Aug. 31, 1954, made section applicable to mangoes. Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Act Aug. 31, 1954, ch. 1172, §3(b), 68 Stat. 1047, provided that: "The amendment made by this section [amending this section] shall become effective upon the enactment of this Act [Aug. 31, 1954] or upon the enactment of the Agricultural Act of 1954 [Aug. 28, 1954], whichever occurs later." 1 So in original. Probably should be "of". §608f. Repealed. Pub. L. 89–106, §9, Aug. 4, 1965, 79 Stat. 432 Section, act May 12, 1933, ch. 25, title I, §8f, formerly §8(5), 48 Stat. 34; renumbered §8f and amended Aug. 24, 1935, ch. 641, §7, 49 Stat. 762; Oct. 8, 1940, ch. 759, 54 Stat. 1019, prohibited, except in specified cases, the shipment of grain from public grain warehouses to other warehouse without cancellation of warehouse receipts to avoid conflict with other laws regulating warehousemen. §609. Processing tax; methods of computation; rate; what constitutes processing; publicity as to tax to avoid profiteering (a) To obtain revenue for extraordinary expenses incurred by reason of the national economic emergency, there shall be levied processing taxes as hereinafter provided. When the Secretary of Agriculture determines that any one or more payments authorized to be made under section 608 of this title are to be made with respect to any basic agricultural commodity, he shall proclaim such determination, and a processing tax shall be in effect with respect to such commodity from the beginning of the marketing year therefor next following the date of such proclamation; except that (1) in the case of sugar beets and sugarcane, the Secretary of Agriculture shall, on or before the thirtieth day after May 9, 1934, proclaim that rental or benefit payments with respect to said commodities are to be made, and the processing tax shall be in effect on and after the thirtieth day after May 9, 1934, and (2) in the case of rice, the Secretary of Agriculture shall, before April 1, 1935, proclaim that rental or benefit payments are to be made with respect thereto, and the processing tax shall be in effect on and after April 1, 1935. In the case of sugar beets and sugarcane, the calendar year shall be considered to be the marketing year and for the year 1934 the marketing year shall begin January 1, 1934. In the case of rice, the period from August 1 to July 31, both inclusive, shall be considered to be the marketing year. The processing tax shall be levied, assessed, and collected upon the first domestic processing of the commodity, whether of domestic production or imported, and shall be paid by the processor. The rate of tax shall conform to the requirements of subsection (b). Such rate shall be determined by the Secretary of Agriculture as of the date the tax first takes effect, and the rate so determined shall, at such intervals as the Secretary finds necessary to effectuate the declared policy, be adjusted by him to conform to such requirements. The processing tax shall terminate at the end of the marketing year current at the time the Secretary proclaims that all payments authorized under section 608 of this title which are in effect are to be discontinued with respect to such commodity. The marketing year for each commodity shall be ascertained and prescribed by regulations of the Secretary of Agriculture: Provided, That upon any article upon which a manufacturers' sales tax is levied under the authority of the Revenue Act of 1932 and which manufacturers' sales tax is computed on the basis of weight, such manufacturers' sales tax shall be computed on the basis of the weight of said finished article less the weight of the processed cotton contained therein on which a processing tax has been paid. (b)(1) The processing tax shall be at such rate as equals the difference between the current average farm price for the commodity and the fair exchange value of the commodity, plus such percentage of such difference, not to exceed 20 per centum, as the Secretary of Agriculture may determine will result in the collection, in any marketing year with respect to which such rate of tax may be in effect pursuant to the provisions of this chapter, of an amount of tax equal to (A) the amount of credits or refunds which he estimates will be allowed or made during such period pursuant to section 615(c) of this title with respect to the commodity and (B) the amount of tax which he estimates would have been collected during such period upon all processings of such commodity, which are exempt from tax by reason of the fact that such processings are done by or for a State, or a political subdivision or an institution thereof, had such processings been subject to tax. If, prior to the time the tax takes effect, or at any time thereafter, the Secretary has reason to believe that the tax at such rate, or at the then existing rate, on the processing of the commodity generally or for any designated use or uses, or on the processing of the commodity in the production of any designated product or products thereof for any designated use or uses, will cause or is causing such reduction in the quantity of the commodity or products thereof domestically consumed as to result in the accumulation of surplus stocks of the commodity or products thereof or in the depression of the farm price of the commodity, then the Secretary shall cause an appropriate investigation to be made, and afford due notice and opportunity for hearing to interested parties. If thereupon the Secretary determines and proclaims that any such result will occur or is occurring, then the processing tax on the processing of the commodity generally or for any designated use or uses, or on the processing of the commodity in the production of any designated product or products thereof for any designated use or uses, shall be at such lower rate or rates as he determines and proclaims will prevent such accumulation of surplus stocks and depression of the farm price of the commodity, and the tax shall remain during its effective period at such lower rate until the Secretary, after due notice and opportunity for hearing to interested parties, determines and proclaims that an increase in the rate of such tax will not cause such accumulation of surplus stocks or depression of the farm price of the commodity. Thereafter the processing tax shall be at the highest rate which the Secretary determines will not cause such accumulation of surplus stocks or depression of the farm price of the commodity, but it shall not be higher than the rate provided in the first sentence of this paragraph. (2) In the case of wheat, cotton, field corn, hogs, peanuts, paper, and jute, and (except as provided in paragraph (8) of this subsection) in the case of sugarcane and sugar beets, the tax on the first domestic processing of the commodity generally or for any particular use, or in the production of any designated product for any designated use, shall be levied, assessed, collected, and paid at the rate prescribed by the regulations of the Secretary of Agriculture in effect on August 24, 1935, during the period from such date to December 31, 1937, both dates inclusive. (3) For the period from April 1, 1935, to July 31, 1936, both inclusive, the processing tax with respect to rice shall be levied, assessed, collected, and paid at the rate of 1 cent per pound of rough rice. (4) For the period from September 1, 1935, to December 31, 1937, both inclusive, the processing tax with respect to rye shall be levied, assessed, collected, and paid at the rate of 30 cents per bushel of fifty-six pounds. In the case of rye, the first marketing year shall be considered to be the period commencing September 1, 1935, and ending June 30, 1936. Subsequent marketing years shall commence on July 1 and end on June 30 of the succeeding year. The provisions of section 616 of this title shall not apply in the case of rye. (5) If at any time prior to December 31, 1937, a tax with respect to barley becomes effective pursuant to proclamation as provided in subsection (a) of this section, such tax shall be levied, assessed, collected, and paid during the period from the date upon which such tax becomes effective to December 31, 1937, both inclusive, at the rate of 25 cents per bushel of forty-eight pounds. The provisions of section 616 of this title shall not apply in the case of barley. (6)(A) Any rate of tax which is prescribed in paragraphs (2) to (4), or (5) of this subsection or which is established pursuant to this paragraph on the processing of any commodity generally or for any designated use or uses, or on the processing of the commodity in the production of any designated product or products thereof for any designated use or uses, shall be decreased (including a decrease to zero) in accordance with the formulae, standards, and requirements of paragraph (1) of this subsection, in order to prevent such reduction in the quantity of such commodity or the products thereof domestically consumed as will result in the accumulation of surplus stocks of such commodity or the products thereof or in the depression of the farm price of the commodity, and shall thereafter be increased in accordance with the provisions of paragraph (1) of this subsection but subject to the provisions of subdivision (B) of this paragraph. (B) If the average farm price of any commodity, the rate of tax on the processing of which is prescribed in paragraphs (2) to (4), or (5) of this subsection or is established pursuant to this paragraph, during any period of twelve successive months ending after July 1, 1935, consisting of the first ten months of any marketing year and the last two months of the preceding marketing year— (i) is equal to, or exceeds by 10 per centum or less, the fair exchange value thereof 1 the rate of such tax shall (subject to the provisions of subdivision (A) of this paragraph) be adjusted, at the beginning of the next succeeding marketing year, to such rate as equals 20 per centum of the fair exchange value thereof. (ii) exceeds by more than 10 per centum, but not more than 20 per centum, the fair exchange value thereof, the rate of such tax shall (subject to the provisions of subdivision (A) of this paragraph) be adjusted, at the beginning of the next succeeding marketing year, to such rate as equals 15 per centum of the fair exchange value thereof. (iii) exceeds by more than 20 per centum the fair exchange value thereof, the rate of such tax shall (subject to the provisions of subdivision (A) of this paragraph) be adjusted, at the beginning of the next succeeding marketing year, to such rate as equals 10 per centum of the fair exchange value thereof. (C) Any rate of tax which has been adjusted pursuant to this paragraph shall remain at such adjusted rate unless further adjusted or terminated pursuant to this paragraph, until December 31, 1937, or until July 31, 1936, in the case of rice. (D) In accordance with the formulae, standards, and requirements prescribed in this chapter, any rate of tax prescribed in paragraphs (2) to (4) or (5) of this subsection or which is established pursuant to this paragraph shall be increased. (E) Any tax, the rate of which is prescribed in paragraphs (2) to (4), or (5) of this subsection or which is established pursuant to this paragraph, shall terminate pursuant to proclamation as provided in subsection (a) or pursuant to section 613 of this title. Any such tax with respect to any basic commodity which terminates pursuant to proclamation as provided in subsection (a) shall again become effective at the rate prescribed in paragraphs (2) to (4), or (5) of this subsection, subject however to the provisions of subdivisions (A) and (B) of this paragraph, from the beginning of the marketing year for such commodity next following the date of a new proclamation by the Secretary as provided in subsection (a), if such marketing year begins prior to December 31, 1937, or prior to July 31, 1936, in the case of rice, and shall remain at such rate until altered or terminated pursuant to this section or terminated pursuant to section 613 of this title. (F) After December 31, 1937 (in the case of the commodities specified in paragraphs (2), (4), and (5) of this subsection), and after July 31, 1936 (in the case of rice), rates of tax shall be determined by the Secretary of Agriculture in accordance with the formulae, standards, and requirements prescribed in this chapter but not in this paragraph, and shall, subject to such formulae, standards, and requirements, thereafter be effective. (G) If the applicability to any person or circumstances of any tax, the rate of which is fixed in pursuance of this paragraph, is finally held invalid by reason of any provision of the Constitution, or is finally held invalid by reason of the Secretary of Agriculture's exercise or failure to exercise any power conferred on him under this chapter, there shall be levied, assessed, collected, and paid (in lieu of all rates of tax fixed in pursuance of this paragraph with respect to all tax liabilities incurred under this chapter on or after the effective date of each of the rates of tax fixed in pursuance of this paragraph), rates of tax fixed under paragraphs (2) to (4), or (5) of this subsection, and such rates shall be in effect (unless the particular tax is terminated pursuant to proclamation, as provided in subsection (a) or pursuant to section 613 of this title) until altered by Act of Congress; except that, for any period prior to the effective date of such holding of invalidity, the amount of tax which represents the difference between the tax at the rate fixed in pursuance of this paragraph (6) and the tax at the rate fixed under paragraphs (2) to (4), and (5) shall not be levied, assessed, collected or paid. (7) In the case of rice, the weight to which the rate of tax shall be applied shall be the weight of rough rice when delivered to a processor, except that, where the producer processes his own rice, the weight to which the rate of tax shall be applied shall be the weight of rough rice when delivered to the place of processing. (8) In the case of sugar beets or sugarcane the rate of tax shall be applied to the direct-consumption sugar, resulting from the first domestic processing, translated into terms of pounds of raw value according to regulations to be issued by the Secretary of Agriculture, and in the event that the Secretary increases or decreases the rate of tax fixed by paragraph (2) of this subsection, pursuant to the provisions of paragraph (6) of this subsection, then the rate of tax to be so applied shall be the higher of the two following quotients: The difference between the current average farm price and the fair exchange value (A) of a ton of sugar beets and (B) of a ton of sugarcane, divided in the case of each commodity by the average extraction therefrom of sugar in terms of pounds of raw value (which average extraction shall be determined from available statistics of the Department of Agriculture); the rate of tax fixed by paragraph (2) of this subsection or adjusted pursuant to the provisions of paragraph (6) of this subsection shall in no event exceed the amount of the reduction by the President on a pound of sugar raw value of the rate of duty in effect on January 1, 1934, under paragraph 501 of section 1001 2 of title 19, as adjusted to the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, and/or the provisions of sections 124 and 125 of title 19. (9) In computing the current average farm price in the case of wheat, premiums paid producers for protein content shall not be taken into account. (c) For the purposes of this chapter, the fair exchange value of a commodity shall be the price therefor that will give the commodity the same purchasing power, with respect to articles farmers buy, as such commodity had during the base period specified in section 602 of this title; and, in the case of all commodities where the base period is the prewar period, August 1909 to July 1914, will also reflect interest payments per acre on farm indebtedness secured by real estate and tax payments per acre on farm real estate, as contrasted with such interest payments and tax payments during said base period; and the current average farm price and the fair exchange value shall be ascertained by the Secretary of Agriculture from available statistics of the Department of Agriculture. The rate of tax upon the processing of any commodity in effect on August 24, 1935, shall not be affected by the adoption of this amendment and shall not be required to be adjusted or altered, unless the Secretary of Agriculture finds that it is necessary to adjust or alter any such rate pursuant to subsection (a). (d) As used in this chapter— (1) In case of wheat, rye, barley and corn, the term "processing" means the milling or other processing (except cleaning and drying) of wheat, rye, barley or corn for market, including custom milling for toll as well as commercial milling, but shall not include the grinding or cracking thereof not in the form of flour for feed purposes only. (2) In case of cotton, the term "processing" means the spinning, manufacturing, or other processing (except ginning) of cotton; and the term "cotton" shall not include cotton linters. (3) In case of tobacco, the term "processing" means the manufacturing or other processing (except drying or converting into insecticides and fertilizers) of tobacco. (4) Repealed. June 26, 1934, ch. 759, §2(a), 48 Stat. 1242. (5) Repealed. Aug. 24, 1935, ch. 641, §14(b), 49 Stat. 767. (6) In the case of sugar beets and sugarcane— (A) The term "first domestic processing" means each domestic processing, including each processing of successive domestic processings, of sugar beets, sugarcane, or raw sugar, which directly results in direct-consumption sugar. (B) The term "sugar" means sugar in any form whatsoever, derived from sugar beets or sugarcane, whether raw sugar or direct-consumption sugar, including also edible molasses, sirups, and any mixture containing sugar (except blackstrap molasses and beet molasses). (C) The term "blackstrap molasses" means the commercially so-designated "byproduct" of the cane-sugar industry, not used for human consumption or for the extraction of sugar. (D) The term "beet molasses" means the commercially so-designated "byproduct" of the beet-sugar industry, not used for human consumption or for the extraction of sugar. (E) The term "raw sugar" means any sugar, as defined above, manufactured or marketed in, or brought into, the United States, in any form whatsoever, for the purpose of being, or which shall be, further refined (or improved in quality, or further prepared for distribution or use). (F) The term "direct-consumption sugar" means any sugar, as defined above, manufactured or marketed in, or brought into, the United States in any form whatsoever, for any purpose other than to be further refined (or improved in quality, or further prepared for distribution or use). (G) The term "raw value" means a standard unit of sugar testing ninety-six sugar degrees by the polariscope. All taxes shall be imposed and all quotas shall be established in terms of "raw value" and for purposes of quota and tax measurements all sugar shall be translated into terms of "raw value" according to regulations to be issued by the Secretary, except that in the case of direct-consumption sugar produced in continental United States from sugar beets the raw value of such sugar shall be one and seven one-hundredths times the weight thereof. (7) In the case of rice— (A) The term "rough rice" means rice in that condition which is usual and customary when delivered by the producer to a processor. (B) The term "processing" means the cleaning, shelling, milling (including custom milling for toll as well as commercial milling), grinding, rolling, or other processing (except grinding or cracking by or for the producer thereof for feed for his own livestock, cleaning by or directly for a producer for seed purposes, and drying) of rough rice; and in the case of rough rice with respect to which a tax-payment warrant has been previously issued or applied for by application then pending, the term "processing" means any one of the above mentioned processings or any preparation or handling in connection with the sale or other disposition thereof. (C) The term "cooperating producer" means any person (including any share-tenant or share-cropper) whom the Secretary of Agriculture finds to be willing to participate in the 1935 production-adjustment program for rice. (D) The term "processor", as used in subsection (b–1) of section 615 of this title, means any person (including a cooperative association of producers) engaged in the processing of rice on a commercial basis (including custom milling for toll as well as commercial milling). (8) In the case of any other commodity, the term "processing" means any manufacturing or other processing involving a change in the form of the commodity or its preparation for distribution or use, as defined by regulations of the Secretary of Agriculture; and in prescribing such regulations the Secretary shall give due weight to the customs of the industry. (e) When any processing tax, or increase or decrease therein, takes effect in respect of a commodity the Secretary of Agriculture, in order to prevent pyramiding of the processing tax and profiteering in the sale of the products derived from the commodity, shall make public such information as he deems necessary regarding (1) the relationship between the processing tax and the price paid to producers of the commodity, (2) the effect of the processing tax upon prices to consumers of products of the commodity, (3) the relationship, in previous periods, between prices paid to the producers of the commodity and prices to consumers of the products thereof, and (4) the situation in foreign countries relating to prices paid to producers of the commodity and prices to consumers of the products thereof. (f) For the purposes of this chapter, processing shall be held to include manufacturing. (g) Nothing contained in this chapter shall be construed to authorize any tax upon the processing of any commodity which processing results in the production of newsprint. (May 12, 1933, ch. 25, title I, §9, 48 Stat. 35; Apr. 7, 1934, ch. 103, §3(a), 48 Stat. 528; May 9, 1934, ch. 263, §§2, 3, 5, 6, 9, 48 Stat. 670, 671, 675, 676; June 26, 1934, ch. 759, §2, 48 Stat. 1242; Mar. 18, 1935, ch. 32, §§1–6, 49 Stat. 45, 46; Aug. 24, 1935, ch. 641, §§11–15, 49 Stat. 762–767; Pub. L. 108–357, title VI, §611(d), Oct. 22, 2004, 118 Stat. 1522.) The Revenue Act of 1932, referred to in subsec. (a), is act June 6, 1932, ch. 209, 47 Stat. 169. For complete classification of the Act to the Code, see Tables. Section 1001 of title 19, referred to in subsec. (b)(8), was repealed by Pub. L. 87–456, title I, §101(a), May 24, 1962, 76 Stat. 72. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. The treaty of commercial reciprocity concluded between the United States and Cuba on December 11, 1902, referred to in subsec. (b)(8), was terminated Aug. 21, 1963, pursuant to notice given by the United States on Aug. 21, 1962. See, Bevans, Treaties and Other International Agreements of the United States of America, 1776–1949, vol. VI, page 1106. Sections 124 and 125 of title 19, referred to in subsec. (b)(8), have been omitted from the Code. Phrase "this amendment" in subsec. (c) refers to amendments by act Aug. 24, 1935. 2004—Subsec. (b)(2). Pub. L. 108–357, §611(d)(1), struck out "tobacco," after "peanuts,". Subsec. (b)(6)(B)(i). Pub. L. 108–357, §611(d)(2), struck out ", or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum," before "the rate of such tax". 1935—Subsec. (a). Act Aug. 24, 1935, §11, struck out second sentence preceding semicolon and inserted in lieu thereof "When the Secretary of Agriculture determines that any one or more payments authorized to be made under section 608 of this title are to be made with respect to any basic agricultural commodity, he shall proclaim such determination, and a processing tax shall be in effect with respect to such commodity from the beginning of the marketing year therefor next following the date of such proclamation." Act Mar. 18, 1935, §§1, 2, struck out comma after "except that" in second sentence and inserted in lieu thereof "(i)", and inserted "and (2) in the case of rice, the Secretary of Agriculture shall, before April 1, 1935, proclaim that rental or benefit payments are to be made with respect thereto, and the processing tax shall be in effect on and after April 1, 1935". Subsec. (b). Act Aug. 24, 1935, §12, amended subsec. (b) generally. Act Mar. 18, 1935, §§3, 4, among other changes inserted "In the case of rice, the weight to which the rate of tax shall be applied shall be the weight of rough rice when delivered to a processor, except that where the producer processes his own rice, the weight to which the rate of tax shall be applied shall be the weight of rough rice when delivered to the place of processing." Subsec. (c). Act Aug. 24, 1935, §13, among other changes inserted "The rate of tax upon the processing of any commodity, in effect on August 24, 1935, shall not be affected by the adoption of this amendment and shall not be required to be adjusted or altered, unless the Secretary of Agriculture finds that it is necessary to adjust or alter any such rate pursuant to subsection (a) of this section." Subsec. (d). Act Aug. 24, 1935, §14, inserted ", rye, barley" after "wheat" wherever appearing and struck out par. (5). Act Mar. 18, 1935, §§5, 6, struck out ", rice," in two places in par. (1), added par. (7), and renumbered former par. (7) as (8). Subsec. (g). Act Aug. 24, 1935, §15, added subsec. (g). 1934—Subsec. (a). Act May 9, 1934, §9, struck out the period after "proclamation" and inserted in lieu thereof "; except that, in the case of sugar beets and sugarcane, the Secretary of Agriculture shall, on or before the thirtieth day after May 9, 1934, proclaim that rental or benefit payments with respect to said commodities are to be made, and the processing tax shall be in effect on and after the thirtieth day after May 9, 1934. In the case of sugar beets and sugarcane, the calendar year shall be considered to be the marketing year and for the year 1934 the marketing year shall begin January 1, 1934." Subsec. (b). Act May 9, 1934, §3, among other changes amended first two sentences and inserted "In the case of sugar beets or sugarcane the rate of tax shall be applied to the direct-consumption sugar, resulting from the first domestic processing, translated into terms of pounds of raw value according to regulations to be issued by the Secretary of Agriculture, and the rate of tax to be so applied shall be the higher of the two following quotients: The difference between the current average farm price and the fair exchange value (1) of a ton of sugar beets and (2) of a ton of sugarcane, divided in the case of each commodity by the average extraction therefrom of sugar in terms of pounds of raw value (which average extraction shall be determined from available statistics of the Department of Agriculture); except that such rate shall not exceed the amount of the reduction by the President on a pound of sugar raw value of the rate of duty in effect on January 1, 1934, under paragraph 501 of section 1001 of Title 19, as adjusted to the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, and/or the provisions of sections 124 and 125 of Title 19." Subsec. (d). Act June 26, 1934, §2(a), struck out par. (4). Act June 26, 1934, §2(b), amended par. (7). Act May 9, 1934, §§2, 5, amended par. (6) generally and renumbered former par. (6) as (7). Act Apr. 7, 1934, added par. (5) and renumbered former par. (5) as (6). Subsec. (f). Act May 9, 1934, §6, added subsec. (f). Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title. Savings Provision Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. This section may be obsolete in view of the Supreme Court's holding that the processing and floor stock taxes provided for by the Agricultural Adjustment Act of 1933 are unconstitutional. See U.S. v. Butler, Mass. 1936, 56 S.Ct. 312, 297 U.S. 1, 80 L.Ed. 477, 102 A.L.R. 914. Validity of remainder of this chapter as not affected should any of those provisions be declared unconstitutional, see section 614 of this title. §610. Administration (a) Appointment of officers and employees; impounding appropriations The Secretary of Agriculture may appoint such officers and employees, subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, and such experts, as are necessary to execute the functions vested in him by this chapter: Provided, That the Secretary shall establish the Agricultural Adjustment Administration in the Department of Agriculture for the administration of the functions vested in him by this chapter: And provided further, That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate. Section 8 of Title II of the Act entitled "An Act to maintain the credit of the United States Government," approved March 20, 1933, to the extent that it provides for the impoundment of appropriations on account of reductions in compensation, shall not operate to require such impoundment under appropriations contained in this chapter. (b) State and local committees or associations of producers; handlers' share of expenses of authority or agency (1) The Secretary of Agriculture is authorized to establish, for the more effective administration of the functions vested in him by this chapter, State and local committees, or associations of producers, and to permit cooperative associations of producers, when in his judgment they are qualified to do so, to act as agents of their members and patrons in connection with the distribution of payments authorized to be made under section 608 of this title. The Secretary, in the administration of this chapter, shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress, and as will tend to promote efficient methods of marketing and distribution. (2)(i) Each order relating to milk and its products issued by the Secretary under this chapter shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secretary) of such expenses as the Secretary may find will necessarily be incurred by such authority or agency, during any period specified by him, for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of milk or products thereof received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of milk or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. (ii) Each order relating to any other commodity or product issued by the Secretary under this chapter shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secretary) of such expenses as the Secretary may find are reasonable and are likely to be incurred by such authority or agency, during any period specified by him, for such purposes as the Secretary may, pursuant to such order, determine to be appropriate, and for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of a commodity received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the agricultural commodity or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. The payment of assessments for the maintenance and functioning of such authority or agency, as provided for herein, may be required under a marketing agreement or marketing order throughout the period the marketing agreement or order is in effect and irrespective of whether particular provisions thereof are suspended or become inoperative. (iii) Any authority or agency established under an order may maintain in its own name, or in the name of its members, a suit against any handler subject to an order for the collection of such handler's pro rata share of expenses. The several district courts of the United States are vested with jurisdiction to entertain such suits regardless of the amount in controversy. (c) Regulations; penalty for violation The Secretary of Agriculture is authorized, with the approval of the President, to make such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by this chapter. Any violation of any regulation shall be subject to such penalty, not in excess of $100, as may be provided therein. (d) Regulations of Secretary of the Treasury The Secretary of the Treasury is authorized to make such regulations as may be necessary to carry out the powers vested in him by this chapter. (e) Review of official acts The action of any officer, employee, or agent in determining the amount of and in making any payment authorized to be made under section 608 of this title shall not be subject to review by any officer of the Government other than the Secretary of Agriculture or Secretary of the Treasury. (f) Geographical application The provisions of this chapter shall be applicable to the United States and its possessions, except the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam; except that, in the case of sugar beets and sugarcane, the President, if he finds it necessary in order to effectuate the declared policy of this chapter, is authorized by proclamation to make the provisions of this chapter applicable to the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam. (g) Officers; dealing or speculating in agricultural products; penalties No person shall, while acting in any official capacity in the administration of this chapter, speculate, directly or indirectly, in any agricultural commodity or product thereof to which this chapter applies, or in contracts relating thereto, or in the stock or membership interest of any association or corporation engaged in handling, processing, or disposing of any such commodity or product. Any person violating this subsection shall upon conviction thereof be fined not more than $10,000 or imprisoned not more than two years, or both. (h) Adoption of Federal Trade Commission Act; hearings; report of violations to Attorney General For the efficient administration of the provisions of this chapter, the provisions, including penalties, of sections 48, 49, and 50 of title 15, are made applicable to the jurisdiction, powers, and duties of the Secretary in administering the provisions of this chapter, and to any person subject to the provisions of this chapter, whether or not a corporation. Hearings authorized or required under this chapter shall be conducted by the Secretary of Agriculture or such officer or employee of the Department as he may designate for the purpose. The Secretary may report any violation of any agreement entered into under this chapter, to the Attorney General of the United States, who shall cause appropriate proceedings to enforce such agreement to be commenced and prosecuted in the proper courts of the United States without delay. (i) Cooperation with State authorities; imparting information The Secretary of Agriculture upon the request of the duly constituted authorities of any State is directed, in order to effectuate the declared policy of this chapter and in order to obtain uniformity in the formulation, administration, and enforcement of Federal and State programs relating to the regulation of the handling of agricultural commodities or products thereof, to confer with and hold joint hearings with the duly constituted authorities of any State, and is authorized to cooperate with such authorities; to accept and utilize, with the consent of the State, such State and local officers and employees as may be necessary; to avail himself of the records and facilities of such authorities; to issue orders (subject to the provisions of section 608c of this title) complementary to orders or other regulations issued by such authorities; and to make available to such State authorities the records and facilities of the Department of Agriculture: Provided, That information furnished to the Secretary of Agriculture pursuant to section 608d(1) of this title shall be made available only to the extent that such information is relevant to transactions within the regulatory jurisdiction of such authorities, and then only upon a written agreement by such authorities that the information so furnished shall be kept confidential by them in a manner similar to that required of Federal officers and employees under the provisions of section 608d(2) of this title. (j) Definitions The term "interstate or foreign commerce" means commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession, or the District of Columbia. For the purpose of this chapter (but in nowise limiting the foregoing definition) a marketing transaction in respect to an agricultural commodity or the product thereof shall be considered in interstate or foreign commerce if such commodity or product is part of that current of interstate or foreign commerce usual in the handling of the commodity or product whereby they, or either of them, are sent from one State to end their transit, after purchase, in another, including all cases where purchase or sale is either for shipment to another State or for the processing within the State and the shipment outside the State of the products so processed. Agricultural commodities or products thereof normally in such current of interstate or foreign commerce shall not be considered out of such current through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of said sections. As used herein, the word "State" includes Territory, the District of Columbia, possession of the United States, and foreign nations. (May 12, 1933, ch. 25, title I, §10, 48 Stat. 37; June 16, 1933, ch. 98, title VIII, §86, 48 Stat. 273; May 9, 1934, ch. 263, §7, 48 Stat. 675; Aug. 24, 1935, ch. 641, §§16–18, 49 Stat. 767; Aug. 26, 1935, ch. 685, 49 Stat. 801; June 22, 1936, ch. 690, §601(a), 49 Stat. 1739; June 3, 1937, ch. 296, §§1, 2(g)–(i), 50 Stat. 246, 248; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7817, 60 Stat. 1352; Aug. 1, 1947, ch. 425, §3, 61 Stat. 709; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.) Section 8 of title II of the Act entitled "An Act to maintain the credit of the United States Government,", referred to in subsec. (a), means act Mar. 20, 1933, ch. 3, title II, §8, 48 Stat. 15, which is not classified to the Code. For definition of Canal Zone, referred to in subsec. (f), see section 3602(b) of Title 22, Foreign Relations and Intercourse. In subsec. (a), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Provisions of subsec. (a), which authorized appointment of officers and employees without regard to the civil-service laws and regulations and which limited the maximum salary payable to any officer or employee to not more than $10,000 per annum, were omitted from the Code as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to act Nov. 26, 1940, ch. 919, title I, §1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. The salary limitation was superseded by the Classification Act of 1949. References to the Philippine Islands in subsec. (f) of this section were omitted from the Code as obsolete in view of the independence of the Philippine Islands, proclaimed by the President of the United States in Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse. 1949—Subsec. (a). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". 1947—Subsec. (b)(2). Act Aug. 1, 1947, among other changes inserted subpar. (i), designated former first and second sentences of subsection as subpar. (ii) and inserted last sentence relating to the payment of assessments for the maintenance and functioning of such authority thereto, and designated former third and fourth sentences of subsection as subpar. (iii). 1937—Subsec. (c). Act June 3, 1937, §2(g), struck out last clause of first sentence which related to regulations establishing conversion factors for any commodity and article processed therefrom to determine the amount of tax imposed or refunds to be made with respect thereto. Subsec. (f). Act June 3, 1937, §2(b), struck out sentence which authorized the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes. Subsec. (j). Act June 3, 1937, §2(i), added subsec. (j). 1936—Subsec. (d). Act June 22, 1936, reenacted subsec. (d) for refund purposes. 1935—Subsec. (b). Act Aug. 24, 1935, §16, among other changes inserted "The Secretary, in the administration of this chapter, shall accord such recognition and encouragement to producer-owned and producer-controlled cooperative associations as will be in harmony with the policy toward cooperative associations set forth in existing Acts of Congress, and as will tend to promote efficient methods of marketing and distribution. "(2) Each order issued by the Secretary under this chapter shall provide that each handler subject thereto shall pay to any authority or agency established under such order such handler's pro rata share (as approved by the Secretary) of such expenses as the Secretary may find will necessarily be incurred by such authority or agency, during any period specified by him, for the maintenance and functioning of such authority or agency, other than expenses incurred in receiving, handling, holding, or disposing of any quantity of a commodity received, handled, held, or disposed of by such authority or agency for the benefit or account of persons other than handlers subject to such order. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the agricultural commodity or product thereof covered by such order which is distributed, processed, or shipped by such cooperative association of producers. Any such authority or agency may maintain in its own name, or in the names of its members, a suit against any handler subject to an order for the collection of such handler's pro rata share of expenses. The several District Courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy." Subsec. (e). Act Aug. 24, 1935, §17, struck out "rental or benefit payment" and inserted in lieu thereof "payment authorized to be made under section 8". Subsec. (f). Act Aug. 26, 1935, inserted sentence authorizing the President to attach by executive order any or all possessions to any internal-revenue district for the purpose of carrying out provisions with respect to the collection of taxes. Subsec. (i). Act Aug. 24, 1935, §18, added subsec. (i). 1934—Subsec. (f). Act May 9, 1934, inserted exception provision. 1933—Subsec. (a). Act June 16, 1933, inserted "And provided further, That the State Administrator appointed to administer this chapter in each State shall be appointed by the President, by and with the advice and consent of the Senate" at end of first sentence. Repeals Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655. Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Executive and administrative functions of Federal Trade Commission, with certain reservations, transferred to Chairman of Commission by 1950 Reorg. Plan No. 8, §1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Organization and Employees. 1946 Reorg. Plan No. 3, §501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, transferred functions of Agricultural Adjustment Administration to Secretary of Agriculture. In his letter to Congress, the President stated that purpose of this transfer was to permit Secretary of Agriculture to continue consolidation already effected in Production and Marketing Administration. By temporary Executive Orders 9069 and 9577, and Ex. Ord. No. 9280, Dec. 5, 1942, 7 F.R. 10, 179, and Ex. Ord. No. 9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex. Ord. No. 9334, Apr. 19, 1943, 8 F.R. 5423, the Agricultural Adjustment Administration had been successively consolidated into Agricultural Conservation and Adjustment Administration, Food Production Administration, and War Food Administration, which was terminated and its functions transferred to Secretary of Agriculture by said Ex. Ord. 9577. Secretary of Agriculture consolidated functions of Agricultural Adjustment Administration into Production and Marketing Administration by Memorandum 1118, Aug. 18, 1945. Act June 3, 1937, §1, affirmed, validated, and reenacted without change the provisions of subsecs. (a), (b) (2), (c), and (f) to (i) of this section, except for the amendments to subsecs. (c) and (f) by section 2 of the act. See note set out under section 601 of this title. Appropriations for Refunds and Payments of Processing and Related Taxes and Limitations Thereon Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, §1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, §1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title I, §1, 55 Stat. 218; Mar. 10, 1942, ch. 178, title I, §1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, title I, §1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574. Ex. Ord. No. 10199. Regulations Without Approval of President Ex. Ord. No. 10199, Dec. 21, 1950, 15 F.R. 9217, provided: By virtue of the authority vested in me by the act of August 8, 1950, Public Law 673, 81st Congress [sections 301 to 303 of Title 3] I hereby authorize the Secretary of Agriculture to make without the approval of the President such regulations with the force and effect of law as may be necessary to carry out the powers vested in him by the Agricultural Marketing Agreement Act of 1937, as amended [this chapter]. Harry S Truman. §611. "Basic agricultural commodity" defined; exclusion of commodities As used in this chapter, the term "basic agricultural commodity" means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this chapter, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this chapter can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof. As used in this chapter, the term "potatoes" means all varieties of potatoes included in the species Solanum tuberosum. (May 12, 1933, ch. 25, title I, §11, 48 Stat. 38; Apr. 7, 1934, ch. 103, §§1, 3(b), 4, 5, 48 Stat. 528; May 9, 1934, ch. 263, §1, 48 Stat. 670; Aug. 24, 1935, ch. 641, §61, 49 Stat. 782.) 1935—Act Aug. 24, 1935, inserted ", potatoes" after "rice" and last sentence defining potatoes. 1934—Act May 9, 1934, inserted ", sugar beets and sugarcane" after "tobacco". Act Apr. 7, 1934, inserted ", cattle" after "hogs", ", peanuts" after "tobacco", ", rye, flax, barley" after "wheat", and ", grain sorghums" after "field corn". §612. Appropriation; use of revenues; administrative expenses (a) There is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000,000 to be available to the Secretary of Agriculture for administrative expenses under this chapter, and for payments authorized to be made under section 608 of this title. Such sum shall remain available until expended. To enable the Secretary of Agriculture to finance under such terms and conditions as he may prescribe, surplus reductions with respect to the dairy- and beef-cattle industries, and to carry out any of the purposes described in subsections (a) and (b) of this section and to support and balance the markets for the dairy and beef cattle industries, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000,000: Provided, That not more than 60 per centum of such amount shall be used for either of such industries. (b) In addition to the foregoing, for the purpose of effectuating the declared policy of this chapter, a sum equal to the proceeds derived from all taxes imposed under this chapter is appropriated to be available to the Secretary of Agriculture for (1) the acquisition of any agricultural commodity pledged as security for any loan made by any Federal agency, which loan was conditioned upon the borrower agreeing or having agreed to cooperate with a program of production adjustment or marketing adjustment adopted under the authority of this chapter, and (2) the following purposes under this chapter: Administrative expenses, payments authorized to be made under section 608 of this title, and refunds on taxes. The Secretary of Agriculture and the Secretary of the Treasury shall jointly estimate from time to time the amounts, in addition to any money available under subsection (a), currently required for such purposes; and the Secretary of the Treasury shall, out of any money in the Treasury not otherwise appropriated, advance to the Secretary of Agriculture the amounts so estimated. The amount of any such advance shall be deducted from such tax proceeds as shall subsequently become available under this subsection. (c) The administrative expenses provided for under this section shall include, among others, expenditures for personal services and rent in the District of Columbia and elsewhere, for law books and books of reference, for contract stenographic reporting services, and for printing and paper in addition to allotments under the existing law. The Secretary of Agriculture shall transfer to the Treasury Department, and is authorized to transfer to other agencies, out of funds available for administrative expenses under this chapter, such sums as are required to pay administrative expenses incurred and refunds made by such department or agencies in the administration of this chapter. (May 12, 1933, ch. 25, title I, §12, 48 Stat. 38; Apr. 7, 1934, ch. 103, §2, 48 Stat. 528; Aug. 24, 1935, ch. 641, §§3, 19, 49 Stat. 753, 768; June 3, 1937, ch. 296, §§1, 2(j), 50 Stat. 246, 248.) 1937—Subsec. (a). Act June 3, 1937, §2(j), struck out "and production adjustments" after "surplus reductions" in second par. 1935—Subsec. (a). Act Aug. 24, 1935, §19, substituted "payments authorized to be made under section 608" for "rental and benefit payments made with respect to reduction in acreage or reduction in production for market under part 2 of this title". Subsec. (b). Act Aug. 24, 1935, §3, amended subsec. (b) generally. 1934—Subsec. (a). Act Apr. 7, 1934, added second par. Act June 3, 1937, §1, affirmed and validated, and reenacted without change the provisions of subsecs. (a) and (c) of this section, except for the amendment to subsec. (a) by section 2 of the act. See note set out under section 601 of this title. Settlement of Certain Claims and Accounts Act June 5, 1942, ch. 349, §§2, 3, 56 Stat. 324, authorized Comptroller General to relieve disbursing and certifying officers from liability for payments made prior to January 6, 1936, under Agricultural Adjustment Act of 1933 or amendments thereto [this chapter] or under the appropriation "Payments for Agricultural Adjustment" in act Feb. 11, 1936, ch. 49, 49 Stat. 1116, upon certificate of Secretary of Agriculture that such payments were made in good faith, and also provided that no action should be taken to recover such excess payments, if the Secretary of Agriculture should further certify that in view of the good faith of the parties or other circumstances of the case, such attempt to recover them would be inadvisable or inequitable. Ex. Ord. No. 10914. Expanded Program of Food Distribution to Needy Families Ex. Ord. No. 10914, Jan. 21, 1961, 26 F.R. 639, provided: Whereas one of the most important and urgent problems confronting this Nation today is the development of a positive food and nutrition program for all Americans; Whereas I have received the report of the Task Force on Area Redevelopment under the chairmanship of Senator Douglas, in which special emphasis is placed upon the need for additional food to supplement the diets of needy persons in areas of chronic unemployment; Whereas I am also advised that there are now almost 7 million persons receiving some form of public assistance, that 4.5 million persons are reported as being unemployed and that a substantial number of needy persons are not recipients in the present food distribution program; Whereas the variety of foods currently being made available is limited and its nutritional content inadequate; and Whereas despite an abundance of food, farm income has been in a period of decline, and a strengthening of farm prices is desirable. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: The Secretary of Agriculture shall take immediate steps to expand and improve the program of food distribution throughout the United States, utilizing funds and existing statutory authority available to him, including section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612) [this section], so as to make available for distribution, through appropriate State and local agencies, to all needy families a greater variety and quantity of food out of our agricultural abundance. John F. Kennedy. §§612a, 612b. Omitted Section 612a, act Apr. 7, 1934, ch. 103, §6, 48 Stat. 528; 1940 Reorg. Plan No. III, §5, 5 F.R. 2108, 54 Stat. 1232, authorized appropriation of $50,000,000 for purpose of dairy and beef products for distribution for relief purposes, and for elimination of diseased cattle. Section 612b, act Aug. 24, 1935, ch. 641, §37, 49 Stat. 775, provided appropriations for elimination of disease in dairy and beef cattle to remain available until June 30, 1936. §612c. Appropriation to encourage exportation and domestic consumption of agricultural products There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section. Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year. The sums appropriated under this section shall be devoted principally to perishable nonbasic agricultural commodities (other than those receiving price support under section 1446 of this title) and their products. The sums appropriated under this section shall, notwithstanding the provisions of any other law, continue to remain available for the purposes of this section until expended; but any excess of the amount remaining unexpended at the end of any fiscal year over $500,000,000 shall, in the same manner as though it had been appropriated for the service of such fiscal year, be subject to the provisions of section 3690 1 of the Revised Statutes, and section 5 1 of the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes". A public or private nonprofit organization that receives agricultural commodities or the products thereof under clause (2) of the second sentence may transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products to provide, without cost or waste, nutrition assistance to individuals in low-income groups. (Aug. 24, 1935, ch. 641, §32, 49 Stat. 774; Feb. 29, 1936, ch. 104, §2, 49 Stat. 1151; Feb. 16, 1938, ch. 30, title II, §203, 52 Stat. 38; June 30, 1939, ch. 253, title I, 53 Stat. 975; July 3, 1948, ch. 827, title III, §301, 62 Stat. 1257; Oct. 31, 1949, ch. 792, title IV, §411, 63 Stat. 1057; Jan. 30, 1954, ch. 2, §5(b), 68 Stat. 7; Pub. L. 99–198, title XV, §1561, Dec. 23, 1985, 99 Stat. 1589; Pub. L. 107–171, title X, §10602, May 13, 2002, 116 Stat. 511.) Section 3690 of the Revised Statutes, and section 5 of act June 30, 1875, referred to in text, which were classified to sections 712 and 713 of former Title 31, Money and Finance, were repealed by act July 6, 1949, ch. 299, §3, 63 Stat. 407. Section was not enacted as part of the Agricultural Adjustment Act which comprises this chapter. 2002—Pub. L. 107–171, which directed amendment of second undesignated par. by substituting "$500,000,000" for "$300,000,000", was executed by making the substitution in text to reflect the probable intent of Congress, because section does not contain a second undesignated par. 1985—Pub. L. 99–198 inserted sentence authorizing a public or private nonprofit organization that receives agricultural commodities or the products thereof under clause (2) of the second sentence to transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products to provide, without cost or waste, nutrition assistance to individuals in low-income groups. 1954—Act Jan. 30, 1954, substituted "(other than those receiving price support under section 1446 of this title)" for "(other than those designated in section 1446 of this title)," in next to last sentence. 1949—Act Oct. 31, 1949, inserted sentence relating to perishable nonbasic agricultural commodities. 1948—Act July 3, 1948, inserted sentence providing for the accumulation of funds up to $300,000,000. 1939—Act June 30, 1939, in cl. (2), inserted "or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture". 1938—Act Feb. 16, 1938, inserted "Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year." 1936—Act Feb. 29, 1936, struck out cl. (3) and inserted in lieu thereof immediately preceding second proviso "(3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section." Functions of all officers, agencies, and employees of the Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. Federal Surplus Relief Corporation changed to Federal Surplus Commodities Corporation by amendment of its charter in 1935. It consolidated with Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration to form Surplus Marketing Administration by 1940 Reorg. Plan No. III, §5, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees. By Executive orders under First War Powers Act, former section 601 et seq. of the former Appendix to Title 50, War and National Defense, Surplus Marketing Administration merged into Agricultural Marketing Administration, which consolidated into Food Distribution Administration, which consolidated into War Food Administration, which terminated and its functions transferred to Secretary of Agriculture. By Memorandum 1118, Secretary of Agriculture, Aug. 18, 1945, functions of Federal Surplus Commodities Corporation transferred to Production and Marketing Administration. 1946 Reorg. Plan No. 3, §501(a), eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, transferred functions of Surplus Marketing Administration to Secretary of Agriculture. In his letter to Congress, the President stated that purpose of this transfer was to permit Secretary of Agriculture to continue the consolidation already effected in Production and Marketing Administration. Federal Surplus Commodities Corporation and Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration and their functions consolidated into Surplus Marketing Administration in Department of Agriculture by Reorg. Plan No. III, §5, eff. June 30, 1940, set out in the Appendix to Title 5. See, also, sections 8 and 9 of said plan for provisions relating to transfer of records, property, personnel, and funds. Additional Appropriations Joint Res. July 1, 1941, ch. 266, §34, 55 Stat. 407, appropriated, in addition to the funds already provided, $25,000,000, to be used by the Secretary of Agriculture, for the purpose of effectuating this section, subject to the provisions of law relating to the expenditure of such funds. Act July 1, 1941, ch. 267, §1, 55 Stat. 435, made the funds provided for in this section available for the fiscal year 1942. Joint Res. June 26, 1940, ch. 432, §41, 54 Stat. 627, appropriated, in addition to the funds already provided, $50,000,000, to be used by the Secretary of Agriculture, for the purpose of effectuating this section, subject to the provisions of law relating to the expenditure of such funds. Act June 25, 1940, ch. 421, §1, 54 Stat. 561, made the funds provided for in this section available for the fiscal year 1941. Act June 30, 1939, besides amending clause 2, provided for the availability of funds provided by this section during the fiscal year 1940. Act Aug. 25, 1937, ch. 757, title I, §1, 50 Stat. 762, provided for availability of portions of funds available under this section in fiscal years 1938 and 1939, for expenditure for price-adjustment payments with respect to 1937 cotton crop. Reduction in Appropriation Act July 30, 1947, ch. 356, title III, 61 Stat. 550, provided that, notwithstanding section 612c of this title, no more than $44,000,000 would be available during the fiscal year ending June 30, 1948, for use in effectuating this chapter; that $65,000,000 of the fiscal year 1948 appropriation were made available to carry out the National School Lunch Act of June 4, 1946, without regard to the 25 per cent limitation in section 612c and exclusive of funds expended pursuant to the last sentence of section 9 of the National School Lunch Act: provided that no part of such funds were to be used for nonfood assistance under section 5 of said Act; and that the remainder of the fund appropriated by said Act for the fiscal year 1948 was rescinded effective July 1, 1947, carried to the surplus fund, and covered into the Treasury immediately thereafter. Cancellation or Rescission of Appropriation Act Apr. 3, 1948, ch. 169, title I, §112(f), 62 Stat. 148, which provided in part for the rescission or cancellation of appropriations under this section as provided for in act July 30, 1947, ch. 356, title III, 61 Stat. 550, was repealed by act Oct. 10, 1951, ch. 479, title V, §503(b)(1), as added June 20, 1952, ch. 449, §7 (c), 66 Stat. 144. Report on Specialty Crop Purchases Pub. L. 107–171, title X, §10901, May 13, 2002, 116 Stat. 536, directed Secretary of Agriculture, not later than one year after May 13, 2002, to submit to Congress a report on specialty crop and other commodity purchases under this section and section 612c–4 of this title. Domestic Fish or Fish Product Compliance With Food Safety Standards or Procedures Deemed To Have Met Requirements for Federal Commodity Purchase Programs Domestic fish or fish products produced in compliance with food safety standards or procedures accepted by Food and Drug Administration deemed to have met inspection requirements for program authorized by this section, except that lot inspections may be utilized, see section 733 of Pub. L. 104–180, set out as a note under section 342 of Title 21, Food and Drugs. Report on Entitlement Commodity Processing Pub. L. 101–624, title XVII, §1773(f), Nov. 28, 1990, 104 Stat. 3811, directed Comptroller General of the United States, not later than Jan. 1, 1992, to submit a report to Congress regarding processing of entitlement commodities used in child nutrition programs, with evaluation of extent to which processing of entitlement commodities occurs in the States, governmental requirements for participation in the processing vary among States, and entitlement commodity recipients are satisfied with access to and services provided through entitlement commodity processing, prior to repeal by Pub. L. 104–193, title VIII, §874, Aug. 22, 1996, 110 Stat. 2346. Soup Kitchens and Other Emergency Food Aid Pub. L. 100–435, title I, §110, Sept. 19, 1988, 102 Stat. 1651, as amended by Pub. L. 101–624, title XVII, §1774(a), Nov. 28, 1990, 104 Stat. 3811; Pub. L. 102–237, title IX, §922(a), Dec. 13, 1991, 105 Stat. 1888; Pub. L. 104–127, title IV, §404, Apr. 4, 1996, 110 Stat. 1029, established formula so that amount, measured by their value, of additional commodities that were to be provided to each State for redistribution to soup kitchens and food banks could be precisely calculated for fiscal years 1989 through 2002, and further provided for definitions, appropriations through fiscal year 2002 to purchase additional commodities, mandatory allotments to States, maintenance of effort by States, authority of Secretary to establish different formula for allocation of commodities, priority system for State distribution of commodities, and settlement and adjustment of claims, prior to repeal by Pub. L. 104–193, title VIII, §873(1), Aug. 22, 1996, 110 Stat. 2346. Gleaning Clearinghouses Pub. L. 100–435, title I, §111, Sept. 19, 1988, 102 Stat. 1654, as amended by Pub. L. 101–624, title XVII, §1774(b), Nov. 28, 1990, 104 Stat. 3812, provided that: "(a) Definition of Gleaning.—For purposes of this section, the term 'to glean' means to collect unharvested crops from the fields of farmers, or to obtain agricultural products from farmers, processors, or retailers, in order to distribute the products to needy individuals, including unemployed and low-income individuals, and the term includes only those situations in which agricultural products and access to fields and facilities are made available without charge. "(b) Establishment.— "(1) In general.—The Secretary of Agriculture (hereafter in this section referred to as the 'Secretary') is authorized to assist States and private nonprofit organizations in establishing Gleaning Clearinghouses (hereafter in this section referred to as a 'Clearinghouse'). "(2) Assistance.—The Secretary is authorized to provide technical information and other assistance considered appropriate by the Secretary to encourage public and nonprofit private organizations to— "(A) initiate and carry out gleaning activities, and to assist other organizations and individuals to do so, through lectures, correspondence, consultation, or such other measures as the Secretary may consider appropriate; "(B) collect from public and private sources (including farmers, processors, and retailers) information relating to the kinds, quantities, and geographical locations of agricultural products not completely harvested; "(C) gather, compile, and make available to public and nonprofit private organizations and to the public the statistics and other information collected under this paragraph, at reasonable intervals; "(D) establish and operate a toll-free telephone line by which— "(i) farmers, processors, and retailers may report to a Clearinghouse for dissemination information regarding unharvested crops and agricultural products available for gleaning, and may also report how they may be contacted; "(ii) public and nonprofit organizations that wish to glean or to assist others to glean, may report to a Clearinghouse the kinds and amounts of products that are wanted for gleaning, and may also report how they may be contacted; "(iii) persons who can transport crops or products may report the availability of free transportation for gleaned crops or products; and "(iv) information about gleaning can be provided without charge by a Clearinghouse to the persons and organizations described in clauses (i), (ii), and (iii); "(E) prepare, publish, and make available to the public, at cost and on a continuing basis, a handbook on gleaning that includes such information and advice as may be useful in operating efficient gleaning activities and projects, including information regarding how to— "(i) organize groups to engage in gleaning; and "(ii) distribute to needy individuals, including low-income and unemployed individuals, food and other agricultural products that have been gleaned; or "(F) advertise in print, on radio, television, or through other media, as the Secretary considers to be appropriate, the services offered by a Clearinghouse under this section." [Section 111 of Pub. L. 100–435 effective and implemented on Oct. 1, 1988, except that such section to become effective and implemented on Oct. 1, 1989, if final order is issued under section 902(b) of Title 2, The Congress, for fiscal year 1989 making reductions and sequestrations specified in the report required under section 901(a)(3)(A) of Title 2, see section 701(a), (c)(2) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.] Continuation of Provision of Cheese Supplies Pub. L. 100–435, title I, §130, Sept. 19, 1988, 102 Stat. 1655, was redesignated section 5(d)(2) of Pub. L. 93–86, set out below, by Pub. L. 101–624, title XVII, §1774(c)(2)(A), Nov. 28, 1990, 104 Stat. 3813. Encouragement of Food Processing and Distribution by Eligible Recipient Agencies Pub. L. 100–435, title II, §220, Sept. 19, 1988, 102 Stat. 1659, as amended by Pub. L. 101–624, title XVII, §1772(h)(5), Nov. 28, 1990, 104 Stat. 3809; Pub. L. 102–237, title IX, §942, Dec. 13, 1991, 105 Stat. 1893, provided that, not later than 60 days after Sept. 19, 1988, Secretary of Agriculture was, to extent that Commodity Credit Corporation's inventory levels permitted, solicit applications for surplus commodities available for distribution under section 202 of Pub. L. 98–8 (7 U.S.C. 7502), and further provided for requirements for solicitations as well as review of applications, prior to repeal by Pub. L. 104–193, title VIII, §873(2), Aug. 22, 1996, 110 Stat. 2346. Food Bank Demonstration Projects Pub. L. 100–435, title V, §502, Sept. 19, 1988, 102 Stat. 1671, authorized Secretary of Agriculture to carry out demonstration projects to provide and redistribute certain agricultural commodities to needy individuals and families through community food banks and other charitable food banks, authorized Secretary to determine quantities, varieties, and types of agricultural commodities and products thereof to be made available to community food banks, and provided for report to Congress not later than July 1, 1990, as well as for termination of authority on Sept. 30, 1990, and appropriations to carry out projects, prior to repeal by Pub. L. 104–193, title VIII, §873(3), Aug. 22, 1996, 110 Stat. 2346. Commodity Distribution Reform Pub. L. 100–237, §§1–4, 7, 13–19, Jan. 8, 1988, 101 Stat. 1733, 1739, 1740, 1742, 1743, as amended by Pub. L. 101–624, title XVII, §§1772(h)(3), (4), 1773(a)–(e), Nov. 28, 1990, 104 Stat. 3809–3811; Pub. L. 102–342, title IV, §401, Aug. 14, 1992, 106 Stat. 914; Pub. L. 103–448, title III, §303, Nov. 2, 1994, 108 Stat. 4750; Pub. L. 105–336, title III, §§301, 302, Oct. 31, 1998, 112 Stat. 3167, 3168; Pub. L. 106–78, title VII, §752(b)(1), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 106–472, title III, §307(a), Nov. 9, 2000, 114 Stat. 2073; Pub. L. 107–171, title IV, §4202(a), May 13, 2002, 116 Stat. 329; Pub. L. 108–134, §3, Nov. 22, 2003, 117 Stat. 1389; Pub. L. 108–211, §3, Mar. 31, 2004, 118 Stat. 566; Pub. L. 108–265, title III, §301, June 30, 2004, 118 Stat. 788; Pub. L. 113–79, title IV, §4104, Feb. 7, 2014, 128 Stat. 820, provided that: "SECTION 1. SHORT TITLE. "This Act [amending section 1431e of this title and sections 1755, 1769, and 1786 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 1786 of Title 42] may be cited as the 'Commodity Distribution Reform Act and WIC Amendments of 1987'. "SEC. 2. STATEMENT OF PURPOSE; SENSE OF CONGRESS. "(a) Statement of Purpose.—It is the purpose of this Act to improve the manner in which agricultural commodities acquired by the Department of Agriculture are distributed to recipient agencies, the quality of the commodities that are distributed, and the degree to which such distribution reponds [sic] to the needs of the recipient agencies. "(b) Sense of Congress.—It is the sense of Congress that the distribution of commodities and products— "(1) should be improved as an effective means of removing agricultural surpluses from the market and providing nutritious high-quality foods to recipient agencies; "(2) is inextricably linked to the agricultural support and surplus removal programs; and "(3) is an important mission of the Secretary of Agriculture. "SEC. 3. COMMODITY DISTRIBUTION PROGRAM REFORMS. "(a) Commodities Specifications.— "(1) Development.—In developing specifications for commodities acquired through price support, surplus removal, and direct purchase programs of the Department of Agriculture that are donated for use for programs or institutions described in paragraph (2), the Secretary shall— "(A) consult with the advisory council established under paragraph (3); "(B) consider both the results of the information received from recipient agencies under subsection (f)(2) and the results of an ongoing field testing program under subsection (g) in determining which commodities and products, and in which form the commodities and products, should be provided to recipient agencies; and "(C) give significant weight to the recommendations of the advisory council established under paragraph (3) in ensuring that commodities and products are— "(i) of the quality, size, and form most usable by recipient agencies; and "(ii) to the maximum extent practicable, consistent with the Dietary Guidelines for Americans published by the Secretary of Agriculture and the Secretary of Health and Human Services. "(2) Applicability.—Paragraph (1) shall apply to— "(A) the commodity distribution and commodity supplemental food programs established under sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 [Pub. L. 93–86] (7 U.S.C. 612c note); "(B) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); "(C) the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766); "(D) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); "(E) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a); and "(F) to the extent practicable— "(i) the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (Public Law 100–237 [Pub. L. 98–8, title II]; 7 U.S.C. 612c note) [7 U.S.C. 7501 et seq.]; and "(ii) programs under which food is donated to charitable institutions. "(3) Advisory council.—(A) The Secretary shall establish an advisory council on the distribution of donated commodities to recipient agencies. The Secretary shall appoint not less than nine and not more than 15 members to the council, including— "(i) representatives of recipient agencies, including food banks; "(ii) representatives of food processors and food distributors; "(iii) representatives of agricultural organizations; "(iv) representatives of State distribution agency directors; and "(v) representatives of State advisory committees. "(B) The council shall meet not less than semiannually with appropriate officials of the Department of Agriculture and shall provide guidance to the Secretary on regulations and policy development with respect to specifications for commodities. "(C) Members of the council shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the committee. "(D) The council shall report annually to the Secretary of Agriculture, the Committee on Education and the Workforce and the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(E) The council shall expire on September 30, 1996. "(b) Duties of Secretary With Respect to Provision of Commodities.—With respect to the provision of commodities to recipient agencies, the Secretary shall— "(1) before the end of the 270-day period beginning on the date of the enactment of this Act [Jan. 8, 1988]— "(A) implement a system to provide recipient agencies with options with respect to package sizes and forms of such commodities, based on information received from such agencies under subsection (f)(2), taking into account the duty of the Secretary— "(i) to remove surplus stocks of agricultural commodities through the Commodity Credit Corporation; "(ii) to purchase surplus agriculture commodities through section 32 of the Act of August 24, 1935 (7 U.S.C. 612c); and "(iii) to make direct purchases of agricultural commodities and other foods for distribution to recipient agencies under— "(I) the commodity distribution and commodity supplemental food programs established under sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 [Pub. L. 93–86] (7 U.S.C. 612c note); "(II) the program established under section 4(b) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] (7 U.S.C. 2013(b)); "(III) the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766); "(IV) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and "(V) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a); and "(B) implement procedures to monitor the manner in which State distribution agencies carry out their responsibilities; "(2) provide technical assistance to recipient agencies on the use of such commodities, including handling, storage, and menu planning and shall distribute to all recipient agencies suggested recipes for the use of donated commodities and products (the recipe cards shall be distributed as soon as practicable after the date of enactment of this Act [Jan. 8, 1988] and updated on a regular basis taking into consideration the Dietary Guidelines for Americans published by the Secretary of Agriculture and the Secretary of Health and Human Services, as in effect at the time of the update of the recipe files); "(3) before the end of the 120-day period beginning on the date of the enactment of this Act [Jan. 8, 1988], implement a system under which the Secretary shall— "(A) make available to State agencies summaries of the specifications with respect to such commodities and products; and "(B) require State agencies to make such summaries available to recipient agencies on request; "(4) implement a system for the dissemination to recipient agencies and to State distribution agencies— "(A) not less than 60 days before each distribution of commodities by the Secretary is scheduled to begin, of information relating to the types and quantities of such commodities that are to be distributed; or "(B) in the case of emergency purchases and purchases of perishable fruits and vegetables, of as much advance notification as is consistent with the need to ensure that high-quality commodities are distributed; "(5) before the expiration of the 90-day period beginning on the date of the enactment of this Act [Jan. 8, 1988], establish procedures for the replacement of commodities received by recipient agencies that are stale, spoiled, out of condition, or not in compliance with the specifications developed under subsection (a)(1), including a requirement that the appropriate State distribution agency be notified promptly of the receipt of commodities that are stale, spoiled, out of condition, or not in compliance with the specifications developed under subsection (a)(1); "(6) monitor the condition of commodities designated for donation to recipient agencies that are being stored by or for the Secretary to ensure that high quality is maintained; "(7) establish a value for donated commodities and products to be used by State agencies in the allocation or charging of commodities against entitlements; and "(8) require that each State distribution agency shall receive donated commodities not more than 90 days after such commodities are ordered by such agency, unless such agency specifies a longer delivery period. "(c) Qualifications for Purchase of Commodities.— "(1) Offers for equal or less poundage.—Subject to compliance by the Secretary with surplus removal responsibilities under other provisions of law, the Secretary may not refuse any offer in response to an invitation to bid with respect to a contract for the purchase of entitlement commodities (provided in standard order sizes) solely on the basis that such offer provides less than the total amount of poundage for a destination specified in such invitation. "(2) Other qualifications.—The Secretary may not enter into a contract for the purchase of entitlement commodities unless the Secretary considers the previous history and current patterns of the bidding party with respect to compliance with applicable meat inspection laws and with other appropriate standards relating to the wholesomeness of food for human consumption. "(d) Duties of State Distribution Agencies.—On or before July 1, 1992, the Secretary shall by regulation require each State distribution agency to— "(1) evaluate its system for warehousing and distributing donated commodities to recipient agencies designated in subparagraphs (A) and (B) of section 13(3) (hereafter referred to in this Act as 'child and elderly nutrition program recipient agencies'); "(2) in the case of State distribution agencies that require payment of fees by child and elderly nutrition program recipient agencies for any aspect of warehousing or distribution, implement the warehousing and distribution system that provides donated commodities to such recipient agencies in the most efficient manner, at the lowest cost to such recipient agencies, and at a level that is not less than a basic level of services determined by the Secretary; "(3) in determining the most efficient and lowest cost system, use commercial facilities for providing warehousing and distribution services to such recipient agencies, unless the State applies to the Secretary for approval to use other facilities demonstrating that, when both direct and indirect costs incurred by such recipient agencies are considered, such other facilities are more efficient and provide services at a lower total cost to such recipient agencies; "(4) consider the preparation and storage capabilities of recipient agencies when ordering donated commodities, including capabilities of such agencies to handle commodity product forms, quality, packaging, and quantities; and "(5) in the case of any such agency that enters into a contract with respect to processing of agricultural commodities and their products for recipient agencies— "(A) test the product of such processing with the recipient agencies before entering into a contract for such processing; and "(B) develop a system for monitoring product acceptability. "(e) Regulations.— "(1) In general.—The Secretary shall provide by regulation for— "(A) whenever fees are charged to local recipient agencies, the establishment of mandatory criteria for such fees based on national standards and industry charges (taking into account regional differences in such charges) to be used by State distribution agencies for storage and deliveries of commodities; "(B) minimum performance standards to be followed by State agencies responsible for intrastate distribution of donated commodities and products; "(C) procedures for allocating donated commodities among the States; and "(D) delivery schedules for the distribution of commodities and products that are consistent with the needs of eligible recipient agencies, taking into account the duty of the Secretary— "(ii) to purchase surplus agricultural commodities through section 32 of the Act entitled 'An Act to amend the Agricultural Adjustment Act, and for other purposes', approved August 24, 1935 (7 U.S.C. 612c); and "(II) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); "(V) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a). "(2) Time for promulgation of regulations.—The Secretary shall promulgate— "(A) regulations as required by paragraph (1)(D) before the end of the 90-day period beginning on the date of enactment of this Act [Jan. 8, 1988]; and "(B) regulations as required by subparagraphs (A), (B), and (C) of paragraph (1) before the end of the 270-day period beginning on such date. "(f) Review of Provision of Commodities.— "(1) In general.—Before the expiration of the 270-day period beginning on the date of the enactment of this Act [Jan. 8, 1988], the Secretary shall establish procedures to provide for systematic review of the costs and benefits of providing commodities of the kind and quantity that are suitable to the needs of recipient agencies. "(2) Information from recipient agencies.— "(A) In general.—The Secretary shall ensure that information with respect to the types and forms of commodities that are most useful to persons participating in programs described in subsection (a)(2) is collected from recipient agencies operating the programs. "(B) Frequency.—The information shall be collected at least once every 2 years. "(C) Additional submissions.—The Secretary shall provide the recipient agencies a means for voluntarily submitting customer acceptability information. "(g) Testing for Acceptability.—The Secretary shall establish an ongoing field testing program for present and anticipated commodity and product purchases to test product acceptability with program participants. Test results shall be taken into consideration in deciding which commodities and products, and in what form the commodities and products, should be provided to recipient agencies. "(h) Buy American Provision.— "(1) In general.—The Secretary shall require that recipient agencies purchase, whenever possible, only food products that are produced in the United States. "(2) Waiver.—The Secretary may waive the requirement established in paragraph (1)— "(A) in the case of recipient agencies that have unusual or ethnic preferences in food products; or "(B) for such other circumstances as the Secretary considers appropriate. "(3) Exception.—The requirement established in paragraph (1) shall not apply to recipient agencies in Alaska, Guam, American Samoa, Puerto Rico, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands. The requirement established in paragraph (1) shall apply to recipient agencies in Hawaii only with respect to the purchase of pineapples. "(i) Uniform Interpretation.—The Secretary shall take such actions as are necessary to ensure that regional offices of the Department of Agriculture interpret uniformly across the United States policies and regulations issued to implement this section. "(j) [Amended section 1755(e) of Title 42, The Public Health and Welfare.] "(k) Report.—Not later than January 1, 1989, the Secretary shall submit to the Committee on Education and the Workforce and the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the implementation and operation of this section. "SEC. 3A. ADVANCE FUNDING FOR STATE OPTION CONTRACTS. "(a) In General.—The Secretary may use the funds of the Commodity Credit Corporation and funds made available to carry out section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) to pay for all or a portion of the cost, as agreed on with the State distribution agency, of food or the processing or packaging of food on behalf of a State distribution agency. "(b) Reimbursement.—In such cases, the State distribution agency shall reimburse the Secretary for the agreed on cost. Any funds received by the Secretary as reimbursement shall be deposited to the credit of the Commodity Credit Corporation or section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as appropriate. If the State distribution agency fails, within 150 days of delivery, to make the required reimbursement in full, the Secretary shall, within 30 days, offset any outstanding amount against the appropriate account. "SEC. 4. FOOD BANK PROJECT. "(a) Community Food Banks.—The Secretary shall carry out no less than one demonstration project to provide and redistribute agricultural commodities and food products thereof as authorized under section 32 of the Act entitled 'An Act to amend the Agricultural Adjustment Act, and for other purposes', approved August 24, 1935 (7 U.S.C. 612c), to needy individuals and families through community food banks. The Secretary may use a State agency or any other food distribution system for such provision or redistribution of section 32 agricultural commodities and food products through community food banks under a demonstration project. "(b) Recordkeeping and Monitoring.—Each food bank participating in the demonstration projects under this section shall establish a recordkeeping system and internal procedures to monitor the use of agricultural commodities and food products provided under this section. The Secretary shall develop standards by which the feasibility and effectiveness of the projects shall be measured, and shall conduct an ongoing review of the effectiveness of the projects. "(c) Determination of Quantities, Varieties, and Types of Commodities.—The Secretary shall determine the quantities, varieties, and types of agricultural commodities and food products to be made available under this section. "(d) Effective Period.—This section shall be effective for the period beginning on the date of enactment of this Act [Jan. 8, 1988]. "SEC. 7. ASSESSMENT AND REPORT TO CONGRESS. "(a) Assessment.—The Comptroller General of the United States shall monitor and assess the implementation by the Secretary of the provisions of this Act [see section 1 set out above]. "(b) Report.—Before the expiration of the 18-month period beginning on the date of the enactment of this Act [Jan. 8, 1988], the Comptroller General shall submit to the Committee on Education and Labor [now Education and the Workforce] and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report of the findings of the assessment conducted as required by subsection (a). "SEC. 13. AUTHORITY TO TRANSFER COMMODITIES BETWEEN PROGRAMS. "(a) Transfer.—Subject to subsection (b), the Secretary may transfer any commodities purchased with appropriated funds for a domestic food assistance program administered by the Secretary to any other domestic food assistance program administered by the Secretary if the transfer is necessary to ensure that the commodities will be used while the commodities are still suitable for human consumption. "(b) Reimbursement.—The Secretary shall, to the maximum extent practicable, provide reimbursement for the value of the commodities transferred under subsection (a) from accounts available for the purchase of commodities under the program receiving the commodities. "(c) Crediting.—Any reimbursement made under subsection (b) shall— "(1) be credited to the accounts that incurred the costs when the transferred commodities were originally purchased; and "(2) be available for the purchase of commodities with the same limitations as are provided for appropriated funds for the reimbursed accounts for the fiscal year in which the transfer takes place. "SEC. 14. AUTHORITY TO RESOLVE CLAIMS. "(a) In General.—The Secretary may determine the amount of, settle, and adjust all or part of a claim arising under a domestic food assistance program administered by the Secretary. "(b) Waiver.—The Secretary may waive a claim described in subsection (a) if the Secretary determines that a waiver would serve the purposes of the program. "(c) Authority of the Attorney General.—Nothing in this section diminishes the authority of the Attorney General under section 516 of title 28, United States Code, or any other provision of law, to supervise and conduct litigation on behalf of the United States. "SEC. 15. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF COMMODITIES THAT POSE A HEALTH OR SAFETY RISK. "(a) In General.—The Secretary may use funds available to carry out section 32 of the Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), that are not otherwise committed, for the purpose of reimbursing States for State and local costs associated with the removal of commodities distributed under any domestic food assistance program administered by the Secretary if the Secretary determines that the commodities pose a health or safety risk. "(b) Allowable Costs.—The costs— "(1) may include costs for storage, transportation, processing, and destruction of the commodities described in subsection (a); and "(2) shall be subject to the approval of the Secretary. "(c) Replacement Commodities.— "(1) In general.—The Secretary may use funds described in subsection (a) for the purpose of purchasing additional commodities if the purchase will expedite replacement of the commodities described in subsection (a). "(2) Recovery.—Use of funds under paragraph (1) shall not restrict the Secretary from recovering funds or services from a supplier or other entity regarding the commodities described in subsection (a). "(d) Crediting of Recovered Funds.—Funds recovered from a supplier or other entity regarding the commodities described in subsection (a) shall— "(1) be credited to the account available to carry out section 32 of the Act of August 24, 1935 (49 Stat. 774, ch. 641; 7 U.S.C. 612c), to the extent the funds represent expenditures from that account under subsections (a) and (c); and "(2) remain available to carry out the purposes of section 32 of that Act until expended. "[(e) Repealed. Pub. L. 108–265, title III, §301, June 30, 2004, 118 Stat. 788.] "SEC. 16. AUTHORITY TO ACCEPT COMMODITIES DONATED BY FEDERAL SOURCES. "(a) In General.—The Secretary may accept donations of commodities from any Federal agency, including commodities of another Federal agency determined to be excess personal property pursuant to section 202(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)) [now 40 U.S.C. 525]. "(b) Use.—The Secretary may donate the commodities received under subsection (a) to States for distribution through any domestic food assistance program administered by the Secretary. "(c) Payment.—Notwithstanding section 202(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)) [now 40 U.S.C. 525], the Secretary shall not be required to make any payment in connection with the commodities received under subsection (a). "SEC. 17. COMMODITY DONATIONS AND PROCESSING. "(a) In General.—Notwithstanding any other provision of law concerning commodity donations, any commodities acquired in the conduct of the operations of the Commodity Credit Corporation and any commodities acquired under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to the extent that the commodities are in excess of the quantities of commodities that are essential to carry out other authorized activities of the Commodity Credit Corporation and the Secretary (including any quantity specifically reserved for a specific purpose), may be used for any program authorized to be carried out by the Secretary that involves the acquisition of commodities for use in a domestic feeding program, including any program conducted by the Secretary that provides commodities to individuals in cases of hardship. "(b) Programs.—A program described in subsection (a) includes a program authorized by— "(1) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.); "(2) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); "(3) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); "(4) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); or "(5) such other laws as the Secretary determines to be appropriate. "(c) Processing.— "(1) In general.—For any program included under subsection (b), the Secretary may, notwithstanding any other provision of Federal or State law relating to the procurement of goods and services— "(A) retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing the commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and "(B) promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. "(2) Regulations.—The regulations described in paragraph (1)(B) may provide that— "(A) a processor that receives commodities for processing into end products, or provides a service with respect to the commodities or end products, in accordance with the agreement of the processor with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of the commodities; and "(B) in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary— "(i) take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this subsection; and "(ii) distribute any proceeds obtained by the Secretary to 1 or more State distributing agencies and recipient agencies, as determined appropriate by the Secretary. "SEC. 18. DEFINITIONS. "For purposes of this Act: "(1) Commodities.—The term 'commodities' means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies. "(2) End product.—The term 'end product' means a food product that contains processed commodities. "(3) The term 'recipient agency' means— "(A) a school, school food service authority, or other agency authorized under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.] or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to operate breakfast programs, lunch programs, child care food programs, summer food service programs, or similar programs and to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase; "(B) a nutrition program for the elderly authorized under title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase; "(C) an agency or organization distributing commodities under the commodity supplemental food program established in section 4 of the Agriculture and Consumer Protection Act of 1973 [Pub. L. 93–86] (7 U.S.C. 612c note); "(D) any charitable institution, summer camp, or assistance agency for the food distribution program on Indian reservations authorized under section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase; or "(E) an agency or organization distributing commodities under a program established in section 202 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) [7 U.S.C. 7502]. "(4) The term 'State distribution agency' means a State agency responsible for the intrastate distribution of donated commodities. "(5) The term 'Secretary' means Secretary of Agriculture, unless the context specifies otherwise. "SEC. 19. GENERAL EFFECTIVE DATE. "Except as otherwise provided in this Act, this Act and the amendments made by this Act [see section 1 above] shall take effect on the date of the enactment of this Act [Jan. 8, 1988]." [Pub. L. 107–171, title IV, §4202(b), May 13, 2002, 116 Stat. 330, provided that: "The amendments made by this section [amending sections 17 to 19 of Pub. L. 100–237, set out above] take effect on the date of enactment of this Act [May 13, 2002]." [Pub. L. 106–78, §752(b)(1), which directed amendment of section 13(3)(A) of Pub. L. 100–237, was executed by amending section 17(3)(A) [now 18(3)(A)] of Pub. L. 100–237, set out above, to reflect the probable intent of Congress.] Food Bank Demonstration Project Pub. L. 100–232, §3, Jan. 5, 1988, 101 Stat. 1566, authorized Secretary of Agriculture to carry out no less than one demonstration project to provide and redistribute agricultural commodities and food products thereof as authorized under this section to needy individuals and families through community food banks and to use State agency or any other food distribution system for such provision or redistribution of commodities and food products, further required each food bank participating in demonstration projects to establish recordkeeping system and internal procedures to monitor use of agricultural commodities and food products, authorized Secretary to determine quantities, varieties, and types of agricultural commodities and food products to be made available, and further provided for termination of authority on Dec. 31, 1990, and annual progress reports by Secretary, prior to repeal by Pub. L. 104–193, title VIII, §872, Aug. 22, 1996, 110 Stat. 2346. Continuation of Distribution of Agricultural Commodities to Low-Income Elderly at Existing Levels Pub. L. 99–198, title XV, §1562(d), Dec. 23, 1985, 99 Stat. 1590, provided that: "Notwithstanding any other provision of law, in implementing the commodity supplemental food program under section 4 of the Agriculture and Consumer Protection Act of 1973 [Pub. L. 93–86, set out as a note below], the Secretary of Agriculture shall allow agencies distributing agricultural commodities to low-income elderly people under such programs on the date of enactment of this Act [Dec. 23, 1985] to continue such distribution at levels no lower than existing caseloads." Report to Congress on Activities of Program Conducted Under Temporary Emergency Food Assistance Act of 1983 Pub. L. 99–198, title XV, §1571, Dec. 23, 1985, 99 Stat. 1594, provided that not later than Apr. 1, 1987, Secretary of Agriculture was to report to Congress on activities of program conducted under Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.), which was to include information on volume and types of commodities distributed under program, types of State and local agencies receiving commodities for distribution under program, populations served under program and their characteristics, Federal, State, and local costs of commodity distribution operations under program (including transportation, storage, refrigeration, handling, distribution, and administrative costs), and amount of Federal funds provided to cover State and local costs under program, prior to repeal by Pub. L. 104–193, title VIII, §871(f), Aug. 22, 1996, 110 Stat. 2345. Emergency Food Assistance Act of 1983 Pub. L. 98–8, title II, Mar. 24, 1983, 97 Stat. 35, as amended by Pub. L. 98–92, §2, Sept. 2, 1983, 97 Stat. 608; Pub. L. 99–198, title XV, §§1562(e)(1), 1563–1566, 1567(c), 1568–1570, Dec. 23, 1985, 99 Stat. 1590–1594; Pub. L. 100–77, title VIII, §§811–814, July 22, 1987, 101 Stat. 536–538; Pub. L. 100–435, title I, §§101–105, Sept. 19, 1988, 102 Stat. 1647–1650; Pub. L. 101–624, title XVII, §1772(a)–(h)(1), Nov. 28, 1990, 104 Stat. 3808, 3809; Pub. L. 102–237, title IX, §922(b), Dec. 13, 1991, 105 Stat. 1888; Pub. L. 104–66, title I, §1011(k), Dec. 21, 1995, 109 Stat. 710; Pub. L. 104–127, title IV, §403, Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104–193, title VIII, §871(a)–(e), Aug. 22, 1996, 110 Stat. 2343–2345, known as the Emergency Food Assistance Act of 1983, and formerly set out as a note under this section, established temporary program authorizing Secretary of Agriculture to distribute excess food commodities to public or nonprofit organizations administering certain activities such as school lunch programs, elderly nutrition programs, activities of charitable institutions that serve meals to needy persons, and disaster relief programs. As amended by Pub. L. 104–193, the program became permanent, and title II of Pub. L. 98–8 was transferred to chapter 102 (§7501 et seq.) of this title. Agricultural Export Promotion Pub. L. 97–253, title I, §135, Sept. 8, 1982, 96 Stat. 772, authorized Secretary of Agriculture, for each of fiscal years 1983, 1984, and 1985, to use up to $190,000,000 of Commodity Credit Corporation funds to carry out export activities through Commodity Credit Corporation under provisions of law in effect on Sept. 8, 1982, including activities authorized under amendments made by section 405(d) of Pub. L. 98–623 to sections 1707a and 1732 of this title and section 714c(f) of Title 15, Commerce and Trade, even if those export activities were not included in budget program of Corporation. [Amendments made by section 405(d) of Pub. L. 98–623, amending sections 1707a and 1732 of this title and section 714c(f) of Title 15, Commerce and Trade, to be considered as having taken effect before Sept. 8, 1982, for purposes of section 135 of Pub. L. 97–253, set out above, see section 405(d) of Pub. L. 98–623, set out as an Effective Date of 1984 Amendment note under section 714c of Title 15, Commerce and Trade.] Distribution of Commodities to Individuals in Cases of Hardship Pub. L. 106–78, title VII, §709, Oct. 22, 1999, 113 Stat. 1161, which provided that commodities acquired by the Department in connection with Commodity Credit Corporation and price support operations under this section could be used, as authorized by this section and section 714c of Title 15, Commerce and Trade, to provide commodities to individuals in cases of hardship as determined by the Secretary of Agriculture, was from the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriation Act, 2000, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriations acts: Pub. L. 105–277, div. A, §101(a) [title VII, §709], Oct. 21, 1998, 112 Stat. 2681, 2681-26. Pub. L. 105–86, title VII, §709, Nov. 18, 1997, 111 Stat. 2105. Pub. L. 104–180, title VII, §709, Aug. 6, 1996, 110 Stat. 1597. Pub. L. 104–37, title VII, §709, Oct. 21, 1995, 109 Stat. 330. Pub. L. 103–330, title VII, §709, Sept. 30, 1994, 108 Stat. 2467. Pub. L. 103–111, title VII, §710, Oct. 21, 1993, 107 Stat. 1079. Pub. L. 100–202, §101(k) [title VI, §619], Dec. 22, 1987, 101 Stat. 1329–322, 1329-355. Pub. L. 99–500, §101(a) [title VI, §619], Oct. 18, 1986, 100 Stat. 1783, 1783-29, and Pub. L. 99–591, §101(a) [title VI, §619], Oct. 30, 1986, 100 Stat. 3341, 3341-29. Pub. L. 99–190, §101(a) [H.R. 3037, title VI, §619], Dec. 19, 1985, 99 Stat. 1185; Pub. L. 100–202, §106, Dec. 22, 1987, 101 Stat. 1329–433. Pub. L. 97–370, title VI, §620, Dec. 18, 1982, 96 Stat. 1811. Commodity Distribution Program; Purchase of Agricultural Commodities; Furnishing Commodities to Summer Camps Pub. L. 93–86, §4, Aug. 10, 1973, 87 Stat. 249, as amended by Pub. L. 93–347, §1, July 12, 1974, 88 Stat. 340; Pub. L. 94–273, §2(1), Apr. 21, 1976, 90 Stat. 375; Pub. L. 95–113, title XIII, §§1302(a)(1), 1304(a), Sept. 29, 1977, 91 Stat. 979, 980, Pub. L. 97–98, title XIII, §1334, Dec. 22, 1981, 95 Stat. 1292; Pub. L. 98–8, title II, §207, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98–92, §3, Sept. 2, 1983, 97 Stat. 612; Pub. L. 99–198, title XV, §1562(a), Dec. 23, 1985, 99 Stat. 1590; Pub. L. 101–624, title XVII, §§1771(a), (b)(1), (c)(1), 1772(h)(2), Nov. 28, 1990, 104 Stat. 3806, 3807, 3809; Pub. L. 104–127, title IV, §402(a), Apr. 4, 1996, 110 Stat. 1028; Pub. L. 107–171, title IV, §4201(a), May 13, 2002, 116 Stat. 328; Pub. L. 110–234, title IV, §4406(b)(2), May 22, 2008, 122 Stat. 1141; Pub. L. 110–246, §4(a), title IV, §4406(b)(2), June 18, 2008, 122 Stat. 1664, 1903; Pub. L. 113–79, title IV, §§4030(t), 4101, Feb. 7, 2014, 128 Stat. 815, 819; Pub. L. 115–334, title IV, §4101, Dec. 20, 2018, 132 Stat. 4654, provided that: "(a) Notwithstanding any other provision of law, the Secretary may, during fiscal years 2008 through 2023, 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 (including hospitals and facilities caring for needy infants and children), supplemental feeding programs serving women, infants, and children or elderly persons, or both, wherever located, disaster areas, summer camps for children, the United States Trust Territory of the Pacific Islands, and Indians, whenever a tribal organization requests distribution of federally donated foods pursuant to section 4(b) of the Food and Nutrition Act of 2008 [7 U.S.C. 2013(b)]. 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 opportunity 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 activities as compared with the number of children 18 years of age and under so participating is not unreasonable in light of the nature of such camp and the characteristics of the children in attendance. "(c) Whoever embezzles, willfully misapplies, steals or obtains by fraud any agricultural commodity or its products (or any funds, assets, or property deriving from donation of such commodities) provided under this section, or under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a–1), or the Emergency Food Assistance Act of 1983 [7 U.S.C. 7501 et seq.], whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains such commodities, products, funds, assets, or property for personal use or gain, knowing such commodities, products, funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such commodities, products, funds, assets, or property are of a value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both, or if such commodities, products, funds, assets, or property are of value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both." [Amendment by section 1771(a) of Pub. L. 101–624 effective Oct. 1, 1990, and amendments by sections 1771(b)(1), (c)(1), and 1772(h)(2) of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 2012 of this title.] [Pub. L. 97–98, title XIII, §1334, Dec. 22, 1981, 95 Stat. 1292, provided in part that the amendment of section 4 of Pub. L. 93–86, set out above, by Pub. L. 97–98 is effective Oct. 1, 1981.] [Pub. L. 95–113, title XIII, §§1302(b), 1304(a), Sept. 29, 1977, 91 Stat. 979, 980, provided in part that the amendment of subsecs. (a) and (b) of section 4 of Pub. L. 93–86, set out above, and the repeal of subsec. (c) of section 4 of Pub. L. 93–86 are effective Oct. 1, 1977.] [Pub. L. 93–233, §8(b)(1), Dec. 31, 1973, 87 Stat. 956, as amended by Pub. L. 93–335, §1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94–44, §3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94–365, §2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95–59, §3(2), June 30, 1977, 91 Stat. 255, eff. July 1, 1977, provided that: "Section 4(c) of Public Law 93–86 shall not be effective for the period ending September 30, 1978."] [For repeal of section 4(c) of Pub. L. 93–86, see section 1304(a) of Pub. L. 95–113.]. [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.] Pub. L. 107–171, title IV, §4201(c), May 13, 2002, 116 Stat. 329, directed Secretary of Agriculture, not later than 30 days after May 13, 2002, to allocate from the Commodity Credit Corporation the funds necessary for States to administer the commodity supplemental food program under the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) through the 2002 caseload cycle. Pub. L. 93–86, §5, as added by Pub. L. 95–113, title XIII, §1304(b)(2), Sept. 29, 1977, 91 Stat. 980, and amended by Pub. L. 97–98, title XIII, §1335, Dec. 22, 1981, 95 Stat. 1293; Pub. L. 98–8, title II, §209, Mar. 24, 1983, 97 Stat. 36, as amended Pub. L. 98–92, §2(8), Sept. 2, 1983, 97 Stat. 611; Pub. L. 99–198, title XV, §1562(b), (c), (e)(2), Dec. 23, 1985, 99 Stat. 1590; Pub. L. 100–435, title I, §130, redesignated §5(d)(2) of Pub. L. 93–86 by Pub. L. 101–624, title XVII, §1774(c)(2)(A), (B), Nov. 28, 1990, 104 Stat. 3813; Pub. L. 101–624, title XVII, §§1771(c)(2)–(f), 1774(c)(2)(C), Nov. 28, 1990, 104 Stat. 3807, 3808, 3813; Pub. L. 102–237, title I, §118(a), title IX, §922(c), Dec. 13, 1991, 105 Stat. 1841, 1889; Pub. L. 104–127, title IV, §402(b), Apr. 4, 1996, 110 Stat. 1028; Pub. L. 104–193, title I, §109(f), Aug. 22, 1996, 110 Stat. 2170; Pub. L. 105–33, title V, §5514(b), Aug. 5, 1997, 111 Stat. 620; Pub. L. 107–171, title IV, §4201(b), May 13, 2002, 116 Stat. 328; Pub. L. 110–234, title IV, §§4221, 4406(b)(3), May 22, 2008, 122 Stat. 1124, 1141; Pub. L. 110–246, §4(a), title IV, §§4221, 4406(b)(3), June 18, 2008, 122 Stat. 1664, 1886, 1903; Pub. L. 113–79, title IV, §§4030(u), 4102, Feb. 7, 2014, 128 Stat. 815, 819; Pub. L. 115–334, title IV, §4102, Dec. 20, 2018, 132 Stat. 4654, provided that: "(a) Grants Per Assigned Caseload Slot.— "(1) In general.—In carrying out the program under section 4 [set out as a note above] (referred to in this section as the 'commodity supplemental food program'), for each of fiscal years 2008 through 2023, the Secretary shall provide to each State agency from funds made available to carry out that section (including any such funds remaining available from the preceding fiscal year), a grant per assigned caseload slot for administrative costs incurred by the State agency and local agencies in the State in operating the commodity supplemental food program. "(2) Amount of grants.— "(A) Fiscal year 2003.—For fiscal year 2003, the amount of each grant per assigned caseload slot shall be equal to the amount of the grant per assigned caseload slot for administrative costs in 2001, adjusted by the percentage change between— "(i) the value of the State and local government price index, as published by the Bureau of Economic Analysis of the Department of Commerce, for the 12-month period ending June 30, 2001; and "(ii) the value of that index for the 12-month period ending June 30, 2002. "(B) Subsequent fiscal years.—For each of fiscal years 2004 through 2023, the amount of each grant per assigned caseload slot shall be equal to the amount of the grant per assigned caseload slot for the preceding fiscal year, adjusted by the percentage change between— "(i) the value of the State and local government price index, as published by the Bureau of Economic Analysis of the Department of Commerce, for the 12-month period ending June 30 of the second preceding fiscal year; and "(ii) the value of that index for the 12-month period ending June 30 of the preceding 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 administrative costs necessary to commence the program successfully: Provided, That in no event shall administrative costs paid by the Secretary for any fiscal year exceed the limitation established in subsection (a) of this section. "(c) Administrative costs for the purposes of the commodity supplemental food program shall include, but not be limited to, expenses for information and referral, operation, monitoring, nutrition education, start-up costs, and general administration, including staff, warehouse and transportation personnel, insurance, and administration of the State or local office. "(d)(1) 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 Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. "(2) Notwithstanding any other provision of law, the Commodity Credit Corporation shall, to the extent that the Commodity Credit Corporation inventory levels permit, provide not less than 9,000,000 pounds of cheese and not less than 4,000,000 pounds of nonfat dry milk in each of fiscal years 2008 through 2023 to the Secretary of Agriculture. The Secretary shall use such amounts of cheese and nonfat dry milk to carry out the commodity supplemental food program before the end of each fiscal year. "(e) The Secretary of Agriculture is authorized to issue such regulations as may be necessary to carry out the commodity supplemental food program. "(f) The Secretary shall, in any fiscal year, approve applications of additional sites for the program, including sites that serve only elderly persons, in areas in which the program currently does not operate to the full extent that this can be done within the appropriations available for the program for the fiscal year and without reducing actual participation levels (including participation of elderly persons under subsection (g)) in areas in which the program is in effect. "(g) Eligibility.— "(1) In general.—Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income persons aged 60 and older. "(2) Certification.— "(A) Definition of certification period.—In this paragraph, the term 'certification period' means the period during which a participant in the commodity supplemental food program in a State may continue to receive benefits under the commodity supplemental food program without a formal review of the eligibility of the participant. "(B) Minimum certification period.—Subject to subparagraphs (C) and (D), a State shall establish for the commodity supplemental food program of the State a certification period of— "(i) not less than 1 year; but "(ii) not more than 3 years. "(C) Temporary certification.—An eligible applicant for the commodity supplemental food program in a State may be provided with a temporary monthly certification to fill any caseload slot resulting from nonparticipation by certified participants. "(D) Approvals.—A certification period of more than 1 year established by a State under subparagraph (B) shall be subject to the approval of the Secretary, who shall approve such a certification period on the condition that, with respect to each participant receiving benefits under the commodity supplemental food program of the State, the local agency in the State administering the commodity supplemental food program, on an annual basis during the certification period applicable to the participant— "(i) verifies the address and continued interest of the participant; and "(ii) has sufficient reason to determine that the participant still meets the income eligibility standards under paragraph (1), which may include a determination that the participant has a fixed income. "(h) Each State agency administering a commodity supplemental food program serving women, infants, and children shall— "(1) ensure that written information concerning the supplemental nutrition assistance program, the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and the child support enforcement program under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) is provided on at least one occasion to each adult who applies for or participates in the commodity supplemental food program; "(2) provide each local agency with materials showing the maximum income limits, according to family size, applicable to pregnant women, infants, and children up to age 6 under the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (hereinafter referred to in this section as the 'medicaid program') which materials may be identical to those provided under section 17(e)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(3)); and "(3) ensure that local agencies provide to pregnant, breast feeding and post partum women, and adults applying on behalf of infants or children, who apply to the commodity supplemental food program, or who reapply to such program, written information about the medicaid program and referral to the program or to agencies authorized to determine presumptive eligibility for the medicaid program, if the individuals are not participating in the medicaid program. "(i) Each State agency administering a commodity supplemental food program serving elderly persons shall ensure that written information is provided on at least one occasion to each elderly participant in or applicant for the commodity supplemental food program for the elderly concerning— "(1) supplemental nutrition assistance benefits provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); "(2) the supplemental security income benefits provided under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); and "(3) medical assistance provided under title XIX of such Act (42 U.S.C. 1396 et seq.) (including medical assistance provided to a qualified medicare beneficiary (as defined in section 1905(p) of such Act (42 U.S.C. 1396d(5)))). "(j)(1) If the Secretary must pay a significantly higher than expected price for one or more types of commodities purchased under the commodity supplemental food program, the Secretary shall promptly determine whether the price is likely to cause the number of persons that can be served in the program in a fiscal year to decline. "(2) If the Secretary determines that such a decline would occur, the Secretary shall promptly notify the State agencies charged with operating the program of the decline and shall ensure that a State agency notify all local agencies operating the program in the State of the decline. "(k)(1) The Secretary or a designee of the Secretary shall have the authority to— "(A) determine the amount of, settle, and adjust any claim arising under the commodity supplemental food program; and "(B) waive such a claim if the Secretary determines that to do so will serve the purposes of the program. "(2) Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States. "(l) Use of Approved Food Safety Technology.— "(1) In general.—In acquiring commodities for distribution through a program specified in paragraph (2), the Secretary shall not prohibit the use of any technology to improve food safety that— "(A) has been approved by the Secretary; or "(B) has been approved or is otherwise allowed by the Secretary of Health and Human Services. "(2) Programs.—A program referred to in paragraph (1) is a program authorized under— "(A) this Act [see Short Title of 1973 Amendment note set out under section 1281 of this title]; "(B) the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); "(C) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.); "(D) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or "(E) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). "(m) Phase-Out.—Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment of this subsection [Feb. 7, 2014] shall continue to receive that assistance until the date on which the individual is no longer eligible for assistance under the eligibility requirements for the program in effect on the day before the date of enactment of this subsection." [Amendment by Pub. L. 107–171 [amending section 5 of Pub. L. 93–86, set out above] effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress.] [Pub. L. 107–171, title IV, §4201(d), May 13, 2002, 116 Stat. 329, provided that: "The amendment made by subsection (b)(3) [amending section 5 of Pub. L. 93–86, set out above] takes effect on the date of enactment of this Act [May 13, 2002]."] [Amendment by section 922(c) of Pub. L. 102–237 effective and implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.] [Amendment by sections 1771(c)(2) and 1774(c) of Pub. L. 101–624 effective Nov. 28, 1990; amendment by section 1771(d) of Pub. L. 101–624 effective Oct. 1, 1990, and amendments by section 1771(e) and (f) of Pub. L. 101–624 effective and implemented the first day of the month beginning 120 days after the publication of implementing regulations which shall be promulgated not later than Oct. 1, 1991, see section 1781(a), (b)(1), (2) of Pub. L. 101–624, set out as an Effective Date of 1990 Amendment note under section 2012 of this title.] [Pub. L. 97–98, title XIII, §1335, Dec. 22, 1981, 95 Stat. 1293, provided in part that the amendment to section 5 of Pub. L. 93–86, set out above, by Pub. L. 97–98 is effective Oct. 1, 1981.] [Pub. L. 95–113, title XIII, §1304(b), Sept. 29, 1977, 91 Stat. 980, provided in part that section 5 of Pub. L. 93–86, set out above, is effective Oct. 1, 1977.] Direct Distribution Programs for Diet of Needy Children and Low-Income Persons Suffering From General and Continued Hunger; Additional Funds Pub. L. 92–32, §6, June 30, 1971, 85 Stat. 86, authorized the Secretary of Agriculture to use during the fiscal year ending June 30, 1972, not to exceed $20,000,000 in funds from section 612c of this title, in addition to funds appropriated or otherwise available, to carry out in any area of the United States direct distribution or other programs, without regard to whether such area is under the food stamp program or a system of direct distribution, in order to provide in the vicinity of their residence an adequate diet to needy children and low income persons suffering, through no fault of their own, from general and continued hunger; provided that food made available to needy children was to be in addition to food made available under the National School Lunch Act or the Child Nutrition Act of 1966; and authorized payment of administrative costs incurred by state or local agencies in carrying out programs for needy children. Use of Funds for School Lunch Program Under Section 1753 of Title 42 Use of funds appropriated under this section for implementing section 1753 of Title 42 until supplemental appropriation is made and reimbursement of such funds, see section 4(a) of Pub. L. 92–433, set out as a note under section 1753 of Title 42, The Public Health and Welfare. Transfer of Funds to Schools in Need of Additional Assistance in School Breakfast Program Authorization for transfer of funds under this section to assist schools in need of additional funds in school breakfast program, see note set out under section 1773 of Title 42, The Public Health and Welfare. Additional Funds for Food Service Programs for Children; Apportionment to States; Special Assistance; Consultation With Child Nutrition Council; Reimbursement From Supplemental Appropriation Additional funds for food service programs for children from appropriations under this section, apportionment to States, special assistance programs, consultation with National Advisory Council on Child Nutrition, and reimbursement from supplemental appropriation, see note set out under section 1753 of Title 42, The Public Health and Welfare. Meal and Flour for Relief Act Aug. 9, 1955, ch. 671, 69 Stat. 608, authorized the Secretary of Agriculture upon specific request of the Governor of any State, during the period commencing Aug. 9, 1955 and ending June 30, 1957, to make available, pursuant to clause (2) of this section for distribution by State agencies, other than institutions and schools, directly to families and persons determined by appropriate State or local public welfare agencies to be in need, wheat flour and corn meal in such quantities as the Secretary of Agriculture determines can be effectively distributed and utilized within such period without regard to the requirement contained in this section, that such funds be devoted principally to perishable nonbasic agricultural commodities and their products. Eligibility of Supplemental Security Income Recipients for Food Stamps During the Period Ending September 30, 1978 Pub. L. 93–233, §8(b)(3), Dec. 31, 1973, 87 Stat. 956, as amended by Pub. L. 93–335, §1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94–44, §3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94–365, §2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95–59, §3(2), June 30, 1977, 91 Stat. 255, limited the eligibility of supplemental security income recipients for food Stamps during the period ending September 30, 1978. Food Stamp Plan Acts June 25, 1940, ch. 421, §1, 54 Stat. 563; July 1, 1941, ch. 267, §1, 55 Stat. 438, provided: "That said 25 per centum provision and the like provision in said section 32 [this section], as amended, shall not apply to amounts devoted to a stamp plan for the removal of surplus agricultural commodities from funds made available hereby and by said section 32 [this section], and, notwithstanding expenditures under such stamp plan, the 25 per centum provision shall continue to be calculated on the aggregate amount available hereunder and under said section 32 [this section]." Distribution of Surplus Commodities to Other United States Areas Extension of relief programs to areas under United States jurisdiction, see section 1431b of this title. Fishery Products; Use of Funds Use of funds made available under this section for distribution of surplus fishery products, and for promotion of free flow of domestically produced fishery products, see sections 713c–2 and 713c–3 of Title 15, Commerce and Trade. Home Economics Training Authorization of schools to use surplus foods received under this section to train students in home economics, see note set out under section 1431 of this title. §612c–1. Authorization for appropriations to increase domestic consumption of surplus farm commodities On and after December 30, 1963, such sums (not in excess of $25,000,000 in any one year) as may be approved by the Congress shall be available for the purpose of increasing domestic consumption of any farm commodity or farm commodities determined by the Secretary of Agriculture to be in surplus supply, such authorization not to restrict authority in existing law, of which amount $11,000,000 shall remain available until expended for construction and equipping of research facilities determined to be needed as a result of a special survey. (Pub. L. 88–250, title I, §101, Dec. 30, 1963, 77 Stat. 826.) §612c–2. Technical support to exporters and importers of United States agricultural products; scope of support provided by Department of Agriculture The Department of Agriculture shall provide technical support to exporters and importers of United States agricultural products when so requested. Such support shall include, but not be limited to, a review of the feasibility of the export proposal, adequacy of sources of supply, compliance with trade regulations of the United States and the importing country and such other information or guidance as may be needed to expand and expedite United States agricultural exports by private trading interests. (Pub. L. 91–524, title VIII, §811, as added Pub. L. 93–86, §1(27)(B), Aug. 10, 1973, 87 Stat. 238.) §612c–3. Repealed. Pub. L. 101–624, title XV, §1578, Nov. 28, 1990, 104 Stat. 3702 Section, Pub. L. 91–524, title VIII, §812, as added Pub. L. 93–86, §1(27)(B), Aug. 10, 1973, 87 Stat. 238, and amended Pub. L. 95–113, title X, §1005, Sept. 29, 1977, 91 Stat. 951; Pub. L. 97–444, title II, §238, Jan. 11, 1983, 96 Stat. 2326, required exporters to report export sales and restricted President from prohibiting or curtailing certain exports. See section 5712 of this title. Pub. L. 101–624, title XV, §1578, Nov. 28, 1990, 104 Stat. 3702, provided that the repeal of this section is effective upon the effective date of regulations promulgated under former section 5664 of this title, as amended by title XV of Pub. L. 101–624. Implementing regulations were promulgated and published in the Federal Register as follows: May 30, 1991, eff. July 8, 1991, 56 F.R. 25998. June 3, 1991, eff. June 7, 1991, 56 F.R. 26323. Aug. 16, 1991, eff. Aug. 27, 1991, 56 F.R. 42222. §612c–4. Purchase of specialty crops (a) General purchase authority Of the funds made available under section 612c of this title, for fiscal year 2002 and each subsequent fiscal year, the Secretary of Agriculture shall use not less than $200,000,000 each fiscal year to purchase fruits, vegetables, and other specialty food crops. (b) Purchase of fresh fruits and vegetables for distribution to schools and service institutions The Secretary of Agriculture shall purchase fresh fruits and vegetables for distribution to schools and service institutions in accordance with section 1755(a) of title 42 using, of the amount specified in subsection (a), not less than $50,000,000 for each of fiscal years 2008 through 2023. (c) Definitions In this section, the terms "fruits", "vegetables", and "other specialty food crops" shall have the meaning given the terms by the Secretary of Agriculture. (Pub. L. 107–171, title X, §10603, May 13, 2002, 116 Stat. 511; Pub. L. 110–234, title IV, §4404(c), May 22, 2008, 122 Stat. 1138; Pub. L. 110–246, §4(a), title IV, §4404(c), June 18, 2008, 122 Stat. 1664, 1899; Pub. L. 113–79, title IV, §4201, Feb. 7, 2014, 128 Stat. 821; Pub. L. 115–334, title IV, §4202, Dec. 20, 2018, 132 Stat. 4655.) Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Agricultural Adjustment Act which comprises this chapter. 2018—Subsec. (b). Pub. L. 115–334 substituted "2023" for "2018". 2014—Subsec. (b). Pub. L. 113–79 substituted "2018" for "2012". 2008—Subsec. (b). Pub. L. 110–246, §4404(c), added subsec. (b) and struck out former subsec. (b) which related to authority of the Secretary of Agriculture to purchase fresh fruits and vegetables for distribution to schools and service institutions and to provide for the Secretary of Defense to serve as the servicing agency for their procurement. 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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4404(c) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. §612c–5. Section 612c funds for purchase of fruits, vegetables, and nuts to support domestic nutrition assistance programs (a) Funding for additional purchases of fruits, vegetables, and nuts In addition to the purchases of fruits, vegetables, and nuts required by section 612c–4 of this title, the Secretary of Agriculture shall purchase fruits, vegetables, and nuts for the purpose of providing nutritious foods for use in domestic nutrition assistance programs, using, of the funds made available under section 612c of this title, the following amounts: (1) $190,000,000 for fiscal year 2008. (5) $206,000,000 for fiscal year 2012 and each fiscal year thereafter. (b) Form of purchases Fruits, vegetables, and nuts may be purchased under this section in the form of frozen, canned, dried, or fresh fruits, vegetables, and nuts. (Pub. L. 110–234, title IV, §4404, May 22, 2008, 122 Stat. 1137; Pub. L. 110–246, §4(a), title IV, §4404, June 18, 2008, 122 Stat. 1664, 1899.) Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section is comprised of section 4404 of Pub. L. 110–246. Subsec. (c) of section 4404 of Pub. L. 110–246 amended section 612c–4 of this title. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Agricultural Adjustment Act which comprises this chapter. Enactment 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, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. Section effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 1161 of Title 2, The Congress. §612c–6. Domestic food assistance programs (a) Definition of section 32 In this section, the term "section 32" means section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). (b) Transfer to Food and Nutrition Service (1) In general Amounts made available for a fiscal year to carry out section 32 in excess of the maximum amount calculated under paragraph (2) shall be transferred to the Secretary, acting through the Administrator of the Food and Nutrition Service, to be used to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 1 except section 21 [42 U.S.C. 1769b–1], and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21 [42 U.S.C. 1786, 1790]". (2) Maximum amount The maximum amount calculated under this paragraph for a fiscal year is the sum of— (A)(i) in the case of fiscal year 2009, $1,173,000,000; (ii) in the case of fiscal year 2010, $1,199,000,000; (iii) in the case of fiscal year 2011, $1,215,000,000; (iv) in the case of fiscal year 2012, $1,231,000,000; (v) in the case of fiscal year 2013, $1,248,000,000; (vi) in the case of fiscal year 2014, $1,266,000,000; (vii) in the case of fiscal year 2015, $1,284,000,000; (viii) in the case of fiscal year 2016, $1,303,000,000; (ix) in the case of fiscal year 2017, $1,322,000,000; and (x) for fiscal year 2018 and each fiscal year thereafter, the amount made available for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending on the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and (B) any transfers for the fiscal year from section 32 to the Department of Commerce under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.). (c) Fresh fruit and vegetable program Of amounts made available to carry out section 32 under subsection (b)(2)(A), the Secretary shall transfer for use to carry out the fresh fruit and vegetable program under section 19 of the Richard B. Russell National School Lunch Act [42 U.S.C. 1769a] the amounts specified in subsection (i) of that section. (d) Whole grain products Of amounts made available to carry out section 32 under subsection (b)(2)(A), the Secretary shall use to carry out section 1755a of title 42 $4,000,000 for fiscal year 2009. (e) Maintenance of funding The funding provided under subsections (c) and (d) shall supplement (and not supplant) other Federal funding (including section 32 funding) for programs carried out under— (1) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except for section 19 of that Act [42 U.S.C. 1769a]; (2) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.); and (3) section 2036 2 of this title. (Pub. L. 110–234, title XIV, §14222, May 22, 2008, 122 Stat. 1483; Pub. L. 110–246, §4(a), title XIV, §14222, June 18, 2008, 122 Stat. 1664, 2245; Pub. L. 112–55, div. A, title IV, Nov. 18, 2011, 125 Stat. 574.) The Richard B. Russell National School Lunch Act, referred to in subsecs. (b)(1) and (e)(1), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (b)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. The Fish and Wildlife Act of 1956, referred to in subsec. (b)(2)(B), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, which is classified generally to sections 742a to 742d and 742e to 742j–2 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 742a of Title 16 and Tables. The Emergency Food Assistance Act of 1983, referred to in subsec. (e)(2), is Pub. L. 98–8, title II, Mar. 24, 1983, 97 Stat. 35, which is classified principally to chapter 102 (§7501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7501 of this title and Tables. Section 2036 of this title, referred to in subsec. (e)(3), was in the original "section 27 of the Food Stamp Act of 1977", and was translated as meaning section 27 of Pub. L. 88–525, the Food and Nutrition Act of 2008, to reflect the probable intent of Congress and the renaming of the Act by Pub. L. 110–246, title IV, §4001(a), June 18, 2008, 122 Stat. 1853. 2011—Subsec. (b)(1). Pub. L. 112–55 inserted "except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21" before period at end. Enactment 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 a note under section 8701 of this title. Definition of "Secretary" "Secretary" as meaning the Secretary of Agriculture, see section 8701 of this title. §613. Termination date; investigations and reports This chapter shall cease to be in effect whenever the President finds and proclaims that the national economic emergency in relation to agriculture has been ended; and pending such time the President shall by proclamation terminate with respect to any basic agricultural commodity such provisions of this chapter as he finds are not requisite to carrying out the declared policy with respect to such commodity. In the case of sugar beets and sugarcane, the taxes provided by this chapter shall cease to be in effect, and the powers vested in the President or in the Secretary of Agriculture shall terminate on December 31, 1937 unless this chapter ceases to be in effect at an earlier date, as hereinabove provided. The Secretary of Agriculture shall make such investigations and reports thereon to the President as may be necessary to aid him in executing this section. (May 12, 1933, ch. 25, title I, §13, 48 Stat. 39; May 9, 1934, ch. 263, §15, 48 Stat. 677; Aug. 24, 1935, ch. 641, §20(a), 49 Stat. 768.) 1935—Act Aug. 24, 1935, substituted "on December 31, 1937" for "at the end of three years after the adoption of this amendment". 1934—Act May 9, 1934, inserted second sentence relating to taxes on sugar beets and sugarcane. §613a. Repealed. Sept. 1, 1937, ch. 898, title V, §510, 50 Stat. 916 Section, act June 19, 1936, ch. 612, §1, 49 Stat. 1539, related to termination of taxes on sugar beets and sugarcane. §614. Separability If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person, circumstance, or commodity is held invalid the validity of the remainder of this chapter and the applicability thereof to other persons, circumstances, or commodities shall not be affected thereby. (May 12, 1933, ch. 25, title I, §14, 48 Stat. 39; June 3, 1937, ch. 296, §1, 50 Stat. 246.) Act June 3, 1937, §1, affirmed and validated, and reenacted without change the provisions of this section. See note set out under section 601 of this title. §615. Refunds of tax; exemptions from tax; compensating tax; compensating tax on foreign goods; covering into Treasury (a) If at any time the Secretary of Agriculture finds, upon investigation and after due notice and opportunity for hearing to interested parties, that any class of products of any commodity is of such low value, considering the quantity of the commodity used for their manufacture, that the imposition of the processing tax would prevent in whole or in large part the use of the commodity in the manufacture of such products and thereby substantially reduce consumption and increase the surplus of the commodity, then the Secretary of Agriculture shall so certify to the Secretary of the Treasury, specifying whether such results will in his judgment most effectively be prevented by a suspension of the imposition of the processing tax or a refund of the tax paid, with respect to such amount of the commodity or any product thereof as is used in the manufacture of such products, and thereafter, as shall be specified in such certification, (1) the imposition of the processing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products, and thereafter, as shall be specified in such certification, (2) the imposition of the processing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products until such time as the Secretary of Agriculture, after further investigation and due notice and opportunity for hearing to interested parties, revokes his certification to the Secretary of the Treasury, or (3) the Secretary of the Treasury shall refund (in accordance with the provisions of, to such persons and in such manner as shall be specified in, such certification) the amount of any tax paid (prior to the date of any revocation by the Secretary of Agriculture of his certification to the Secretary of the Treasury, upon further investigation and after due notice and opportunity for hearing to interested parties) under this chapter with respect to such amount of the commodity or any product thereof as is used after the date of such certification in the manufacture of such products, or shall credit against any tax due and payable under this chapter the amount of tax which would be refundable. During the period in which any certificate under this section is effective, the provisions of subsection (e) of this section shall be suspended with respect to all imported articles of the kind described in such certificate; and notwithstanding the provisions of section 623 of this title, any compensating taxes, which have heretofore, during the period in which any certificate under this section has been effective, become due and payable upon imported articles of the kind described in such certificate, shall be refunded by the Secretary of the Treasury if the same have been paid, or, if the same have not been paid the amount thereof shall be abated. Notwithstanding the provisions of section 623 of this title, the Secretary of the Treasury shall refund or credit any processing tax paid on or before June 12, 1934, with respect to such amount of cotton as was used in the manufacture of large cotton bags (as defined in the Certificate of the Secretary of Agriculture, dated June 12, 1934) between June 13, and July 7, 1934, both inclusive. (b) No tax shall be required to be paid on the processing of any commodity by or for the producer thereof for consumption by his own family, employees, or household; and the Secretary of Agriculture is authorized, by regulations, to exempt from the payment of the processing tax the processing of commodities by or for the producer thereof for sale by him where, in the judgment of the Secretary, the imposition of a processing tax with respect thereto is unnecessary to effectuate the declared policy. (b–1) The Secretary of Agriculture is authorized and directed to issue tax-payment warrants, with respect to rough rice produced in 1933 and 1934 (provided the processing of such rice is not exempt from the tax, and provided no tax payment warrant has been previously issued with respect thereto or previously applied for by application then pending, sufficient to cover the tax with respect to the processing thereof at the rate in effect at the time of such issuance, to any processor with respect to any such rice which he had in his possession on March 31, 1935, and to, or at the direction of any other person with respect to any such rice which, on or after April 1, 1935, he delivers for processing or sells to a processor: Provided, That in case any such processor or other person is the producer of such rice (or has received such rice by gift, bequest, or descent from the producer thereof) that such processor or other person is, if eligible, a cooperating producer: And provided further, That in case such processor or other person is not the producer thereof (nor a person who has received such rice by gift, bequest, or descent from the producer thereof), (a) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or otherwise, prior to April 1, 1935, such producer received the price prescribed in any marketing agreement, license, regulation, or administrative ruling, pursuant to this chapter, applicable to the sale of such rice by the producer, and (b) that, if the title to such rice was transferred from the producer thereof, whether by operation of law or otherwise, on or after April 1, 1935, such producer received at least the full market price therefor plus an amount equal to 99 per centum of the face value of tax-payment warrants sufficient to cover the tax on the processing of such rice at rate in effect at the time title was so transferred, and was, if eligible, a cooperating producer. (b–2) The warrants authorized and directed to be issued by subsection (b–1) of this section— (1) shall be issued by the Secretary of Agriculture or his duly authorized agent in such manner, at such time or times, at such place or places, in such form, and subject to such terms and conditions with reference to the transfer thereof or the voiding of warrants fraudulently obtained and/or erroneously issued, as the Secretary of Agriculture may prescribe, and the Secretary of Agriculture is authorized to discontinue the further issuance of tax-payment warrants at any time or times and in any region or regions when he shall determine that the rice in any such region or regions can no longer be identified adequately as rice grown in 1933 or 1934; and (2) shall be accepted by the Collector of Internal Revenue and the Secretary of the Treasury at the face value thereof in payment of any processing tax on rice. (b–3)(1) Any person who deals or traffics in, or purchases any such tax-payment warrant or the right of any person thereto at less than 99 per centum of its face value shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year or both. (2) Any person who, with intent to defraud, secures or attempts to secure, or aids or assists in or procures, counsels, or advises, the securing or attempting to secure any tax-payment warrant with respect to rice as to which any tax-payment warrant has been theretofore issued shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (3) Any person who with intent to defraud forges, makes, alters, or counterfeits any tax-payment warrant or any stamp, tag, or other means of identification provided for by this chapter or any regulation issued pursuant thereto, or makes any false entry upon such warrant or any false statement in any application for the issuance of such warrant, or who uses, sells, lends, or has in his possession any such altered, forged, or counterfeited warrant or stamp, tag, or other means of identification, or who makes, uses, sells, or has in his possession any material in imitation of the material used in the manufacture of such warrants or stamps, tags, or other means of identification, shall, upon conviction thereof, be punished by a fine not exceeding $5,000 or by imprisonment not exceeding five years, or both. (4) All producers, warehousemen, processors, and common carriers, having information with respect to rice produced in the years 1933 or 1934, may be required to furnish to the Secretary of Agriculture such information as he shall, by order, prescribe as necessary to safeguard the issuance, transfer, and/or use of tax-payment warrants. (5) The Secretary of Agriculture may make regulations protecting the interests of producers (including share-tenants and share-croppers) and others, in the issuance, holding, use, and/or transfer of such tax-payment warrants. (c) Any person, including any State or Federal organization or institution, delivering any product to any organization for charitable distribution or use, including any State or Federal welfare organization, for its own use, whether the product is delivered as merchandise, or as a container for merchandise, or otherwise, shall, if such product or the commodity from which processed is under this chapter subject to tax, be entitled to a refund of the amount of any tax due and paid under this chapter with respect to such product so delivered, or to a credit against any tax due and payable under this chapter of the amount of tax which would be refundable under this section with respect to such product so delivered: Provided, however, That no tax shall be refunded or credited under this section, unless the person claiming the refund or credit establishes, in accordance with regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury (1) that he has not included the tax in the price of the product so delivered or collected the amount of the tax from the said organization, or (2) that he has repaid, or has agreed in writing to repay, the amount of the tax to the said organization. The word "State" as used in this section shall include a State and any political subdivision thereof. (d) The Secretary of Agriculture shall ascertain from time to time whether the payment of the processing tax upon any basic agricultural commodity is causing or will cause to the processors or producers thereof disadvantages in competition from competing commodities by reason of excessive shifts in consumption between such commodities or products thereof. If the Secretary of Agriculture finds, after investigation and due notice and opportunity for hearing to interested parties, that such disadvantages in competition exist, or will exist, he shall proclaim such finding. The Secretary shall specify in this proclamation the competing commodity and the compensating rate of tax on the processing thereof necessary to prevent such disadvantages in competition. Thereafter there shall be levied, assessed, and collected upon the first domestic processing of such competing commodity a tax, to be paid by the processor, at the rate specified, until such rate is altered pursuant to a further finding under this section, or the tax or rate thereof on the basic agricultural commodity is altered or terminated. In no case shall the tax imposed upon such competing commodity exceed that imposed per equivalent unit, as determined by the Secretary, upon the basic agricultural commodity. (e) During any period for which a processing tax is in effect with respect to any commodity there shall be levied, assessed, collected, and paid upon any article processed or manufactured wholly or partly from such commodity and imported into the United States or any possession thereof to which this chapter applies, from any foreign country or from any possession of the United States to which this chapter does not apply, whether imported as merchandise, or as a container of merchandise, or otherwise, a compensating tax equal to the amount of the processing tax in effect with respect to domestic processing of such commodity into such an article at the time of importation: Provided, (1) That in the event any of the provisions of this chapter have been or are hereafter made applicable to any possession of the United States in the case of any particular commodity or commodities, but not generally, this chapter, for the purposes of this subsection, shall be deemed applicable to such possession with respect to such commodity or commodities but shall not be deemed applicable to such possession with respect to other commodities; and (2) That all taxes collected under this subsection upon articles coming from the possessions of the United States to which this chapter does not apply shall not be covered into the general fund of the Treasury of the United States but shall be held as a separate fund and paid into the Treasury of the said possessions, respectively, to be used and expended by the governments thereof for the benefit of agriculture. Such tax shall be paid prior to the release of the article from customs custody or control. (f) The President, in his discretion, is authorized by proclamation to decree that all or part of the taxes collected from the processing of sugar beets or sugarcane in Puerto Rico, the Territory of Hawaii, the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam (if the provisions of this chapter are made applicable thereto), and/or upon the processing in continental United States of sugar produced in, or coming from, said areas, shall not be covered into the general fund of the Treasury of the United States but shall be held as a separate fund, in the name of the respective area to which related, to be used and expended for the benefit of agriculture and/or paid as rental or benefit payments in connection with the reduction in the acreage, or reduction in the production for market, or both, of sugar beets and/or sugarcane, and/or used and expended for expansion of markets and for removal of surplus agricultural products in such areas, respectively, as the Secretary of Agriculture, with the approval of the President, shall direct. (May 12, 1933, ch. 25, title I, §15, 48 Stat. 39; May 9, 1934, ch. 263, §§8, 11, 48 Stat. 675, 676; June 16, 1934, ch. 551, 48 Stat. 973; June 26, 1934, ch. 759, §1, 48 Stat. 1241; Mar. 18, 1935, ch. 32, §§8, 9, 49 Stat. 47, 48; Aug. 24, 1935, ch. 641, §§21–24, 49 Stat. 768; June 22, 1936, ch. 690, §601(a), 49 Stat. 1739; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7871, 60 Stat. 1352.) Reference to the Philippine Islands in subsec. (f) was omitted as obsolete in view of the independence proclaimed by the President of the United States by Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse. Unconstitutionality of processing and floor stock taxes, see note set out under section 616 of this title. 1936—Subsecs. (a), (c). Act June 22, 1936, reenacted subsecs. (a) and (c) only for the purpose of allowing refunds in cases where the delivery for charitable distribution or use, or the exportation, or the manufacture of large cotton bags, or the decrease in the rate of the processing tax, took place prior to Jan. 6, 1936. 1935—Subsec. (a). Act Aug. 24, 1935, §21, inserted "or shall credit against any tax due and payable under this chapter the amount of tax which would be refundable. During the period in which any certificate under this section is effective, the provisions of subsection (e) of this section shall be suspended with respect to all imported articles of the kind described in such certificate; and notwithstanding the provisions of section 623 of this title, any compensating taxes, which have heretofore, during the period in which any certificate under this section has been effective, become due and payable upon imported articles of the kind described in such certificate, shall be refunded by the Secretary of the Treasury if the same have been paid, or, if the same have not been paid the amount thereof shall be abated. Notwithstanding the provisions of section 623 of this title, the Secretary of the Treasury shall refund or credit any processing tax paid on or before June 12, 1934, with respect to such amount of cotton as was used in the manufacture of large cotton bags (as defined in the Certificate of the Secretary of Agriculture, dated June 12, 1934) between June 13, and July 7, 1934, both inclusive". Subsecs. (b–1) to (b–3). Act Mar. 18, 1935, §8, added subsecs. (b–1) to (b–3). Subsec. (e). Act Aug. 24, 1935, §24, inserted "into such an article" after "with respect to domestic processing of such commodity". Subsec. (e). Act Mar. 18, 1935, §9, among other changes, inserted "(1) That in the event any of the provisions of this chapter have been or are hereafter made applicable to any possession of the United States in the case of any particular commodity or commodities, but not generally, this chapter, for the purposes of this subsection, shall be deemed applicable to such possession with respect to such commodity or commodities but shall not be deemed applicable to such possession with respect to other commodities; and (2)" at beginning of proviso. 1934—Subsec. (a). Act June 26, 1934, among other changes, inserted "and thereafter, as shall be specified in such certification, (1) the imposition of the processing tax shall be suspended with respect to such amount of the commodity as is used in the manufacture of such products". Subsec. (c). Act June 16, 1934, among other changes, inserted proviso. Subsec. (e). Act May 9, 1934, §11, substituted "partly" for "in chief value", inserted "whether imported as merchandise, or as a container of merchandise, or otherwise," after "apply", and inserted "of such commodity" after "processing". Validity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional, see section 614 of this title. Abolition of Offices and Transfer of Functions The office of Internal Revenue Collector was abolished by 1952 Reorg. Plan No. 1, §1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government Organization and Employees, and by section 2 thereof a new office of district commissioner of internal revenue was established. Section 4 of the Plan transferred all functions, that had been vested by statute in any officer or employee of the Bureau of Internal Revenue since the effective date of 1950 Reorg. Plan No. 26, §§1, 2, 15 F.R. 4935, 64 Stat. 1280, 1281, to the Secretary of the Treasury. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. The Collector and Commissioner of Internal Revenue, referred to in this section, are officers of the Treasury Department. Admission of Hawaii to Statehood Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 24 F.R. 6868, 73 Stat. c74. For Hawaii statehood law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48, Territories and Insular Possessions. Appropriations for refunds, etc., see note under section 610 of this title. §616. Stock on hand when tax takes effect or terminates (a) Upon the sale or other disposition of any article processed wholly or in chief value from any commodity with respect to which a processing tax is to be levied, that on the date the tax first takes effect or wholly terminates with respect to the commodity, is held for sale or other disposition (including articles in transit) by any person, there shall be made a tax adjustment as follows: (1) Whenever the processing tax first takes effect, there shall be levied, assessed, and collected a tax to be paid by such person equivalent to the amount of the processing tax which would be payable with respect to the commodity from which processed if the processing had occurred on such date. Such tax upon articles imported prior to, but in customs custody or control on, the effective date, shall be paid prior to release therefrom. In the case of sugar, the tax on floor stocks, except the retail stocks of persons engaged in retail trade, shall be paid for the month in which the stocks are sold, or used in the manufacture of other articles, under rules and regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury. (2) Whenever the processing tax is wholly terminated, (A) there shall be refunded or credited in the case of a person holding such stocks with respect to which a tax under this chapter has been paid, or (B) there shall be credited or abated in the case of a person holding such stocks with respect to which a tax under this chapter is payable, where such person is the processor liable for the payment of such tax, or (C) there shall be refunded or credited (but not before the tax has been paid) in the case of a person holding such stocks with respect to which a tax under this chapter is payable, where such person is not the processor liable for the payment of such tax, a sum in an amount equivalent to the processing tax which would have been payable with respect to the commodity from which processed if the processing had occurred on such date: Provided, That in the case of any commodity with respect to which there was any increase, effective prior to June 1, 1934, in the rate of the processing tax, no such refund, credit, or abatement, shall be in an amount which exceeds the equivalent of the initial rate of the processing tax in effect with respect to such commodity. (b) The tax imposed by subsection (a) of this section shall not apply to the retail stocks of persons engaged in retail trade, held at the date the processing tax first takes effect; but such retail stocks shall not be deemed to include stocks held in a warehouse on such date, or such portion of other stocks held on such date as are not sold or otherwise disposed of within thirty days thereafter. Except as to flour and prepared flour, and cereal preparations made chiefly from wheat, as classified in Wheat Regulations, Series 1, Supplement 1, and as to any article processed wholly or in chief value from cotton, the tax refund, credit, or abatement provided in subsection (a) of this section shall not apply to the retail stocks of persons engaged in retail trade, nor to any article (except sugar) processed wholly or in chief value from sugar beets, sugarcane, or any product thereof, nor to any article (except flour, prepared flour and cereal preparations made chiefly from wheat, as classified in Wheat Regulations, Series 1, Supplement 1) processed wholly or in chief value from wheat, held on the date the processing tax is wholly terminated. (c)(1) Any sugar, imported prior to the effective date of a processing tax on sugar beets and sugarcane, with respect to which it is established (under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury) that there was paid at the time of importation a duty at the rate in effect on January 1, 1934, and (2) any sugar held on April 25, 1934, by, or to be delivered under a bona fide contract of sale entered into prior to April 25, 1934, to, any manufacturer or converter, for use in the production of any article (except sugar) and not for ultimate consumption as sugar, and (3) any article (except sugar) processed wholly or in chief value from sugar beets, sugarcane, or any product thereof, shall be exempt from taxation under subsection (a) of this section, but sugar held in customs custody or control on April 25, 1934, shall not be exempt from taxation under subsection (a) of this section, unless the rate of duty paid upon the withdrawal thereof was the rate of duty in effect on January 1, 1934. (d) The Secretary of Agriculture is authorized to purchase, out of such proceeds of taxes as are available therefor, during the period this chapter is in effect with respect to sugar beets and sugarcane, not in excess of three hundred thousand tons of sugar raw value from the surplus stocks of direct-consumption sugar produced in the United States beet-sugar area, at a price not in excess of the market price for direct consumption sugar on the date of purchase, and to dispose of such sugar by sale or otherwise, including distribution to any organization for the relief of the unemployed, under such conditions and at such times as will tend to effectuate the declared policy of section 608a of this title. The sugar so purchased shall not be included in the quota for the United States beet-sugar area. All proceeds received by the Secretary of Agriculture, in the exercise of the powers granted, are appropriated to be available to the Secretary of Agriculture for the purposes described in subsections (a) and (b) of section 612 of this title. (e) Upon the sale or other disposition of any article processed wholly or in chief value from any commodity with respect to which the existing rate of the processing tax is to be increased, or decreased, that on the date such increase, or decrease, first takes effect with respect to the commodity, is held for sale or other disposition (including articles in transit) by any person, and upon the production of any article from a commodity in process on the date on which the rate of the processing tax is to be increased or decreased, there shall be made a tax adjustment as follows: (1) Whenever, on or after June 1, 1934, the rate of the processing tax on the processing of the commodity generally or for any designated use or uses, or as to any designated product or products thereof for any designated use or uses, or as to any class of products, is decreased, there shall be credited or refunded to such person an amount equivalent to the difference between the rate of the processing tax payable or paid at the time immediately preceding the decrease in rate and the rate of the processing tax which would have been payable with respect to the commodity from which processed, if the processing had occurred on such date: Provided, however, That no such credit or refund shall be made in the case of hogs unless the rate of the processing tax immediately preceding said decrease is equal to, or less than, the rate of the processing tax in effect on the date on which any floor stocks tax was paid prior to the adoption of this subsection. In the case of wheat the provisions of this paragraph and of paragraph (2) of this subsection shall apply to flour, prepared flour and cereal preparations made chiefly from wheat, as classified in Wheat Regulations, Series 1, Supplement 1 only; in the case of sugarcane and sugar beets the provisions of this paragraph and of paragraph (2) of this subsection shall apply to sugar only. (2) Whenever the rate of the processing tax on the processing of the commodity generally, or for any designated use or uses, or as to any designated product or products thereof for any designated use or uses, or as to any class of products, is increased, there shall be levied, assessed and collected a tax to be paid by such person equivalent to the difference between the rate of the processing tax payable or paid at the time immediately preceding the increase in rate and the rate of the processing tax which would be payable with respect to the commodity from which processed, if the processing had occurred on such date. (3) Whenever the processing tax is suspended or is to be refunded pursuant to a certification of the Secretary of Agriculture to the Secretary of the Treasury, under section 615(a) of this title, the provisions of paragraph (1) of this subsection shall become applicable. (4) Whenever the Secretary of Agriculture revokes any certification to the Secretary of the Treasury under section 615(a) of this title, the provisions of paragraph (2) of this subsection shall become applicable. (5) The provisions of this subsection shall be effective on and after June 1, 1934. (f) The provisions of this section shall not be applicable with respect to rice. (May 12, 1933, ch. 25, title I, §16, 48 Stat. 40; May 9, 1934, ch. 263, §§10, 17, 48 Stat. 676, 678; June 26, 1934, ch. 759, §1, 48 Stat. 1241; Mar. 18, 1935, ch. 32, §10, 49 Stat. 48; Aug. 24, 1935, ch. 641, §§20(b), 25–27, 49 Stat. 768, 769; June 4, 1936, ch. 501, 49 Stat. 1464; June 22, 1936, ch. 690, §601(a), (c), (g), 49 Stat. 1739, 1740.) Section may be obsolete in view of the Supreme Court's holding that the processing and floor stock taxes provided for by the Agricultural Adjustment Act of 1933 are unconstitutional. See U.S. v. Butler, Mass. 1936, 56 S.Ct. 312, 297 U.S. 1, 80 L.Ed. 477, 102 A.L.R. 914. 1936—Subsec. (e)(1). Act June 22, 1936, §601(a), (g), reenacted par. (1) for certain refund purposes only and substituted "on or after June 1, 1934" for "subsequent to June 26, 1934", respectively. Act June 4, 1936, substituted "on or after June 1, 1934" for "subsequent to June 26, 1934". Subsec. (e)(3). Act June 22, 1936, §601(a), reenacted par. (3) for certain refund purposes only. Subsec. (g). Act June 22, 1936, §601(c), repealed subsec. (g) which related to the time for filing refunds. 1935—Subsec. (a)(2). Act Aug. 24, 1935, §25, substituted a new par. (2) for former par. (2). Subsec. (b). Act Aug. 24, 1935, §26, amended second sentence generally. Subsec. (c). Act Aug. 24, 1935, §20(b), struck out last sentence. Subsec. (e). Act Mar. 18, 1935, redesignated former subsec. (c) as (e). Subsec. (e)(1). Act Aug. 24, 1935, §27(a), inserted "subsequent to June 26, 1934" at beginning of paragraph, and "in the case of hogs" after "made" in proviso and inserted "In the case of wheat the provisions of this paragraph and of paragraph (2) of this subsection shall apply to flour, prepared flour and cereal preparations made chiefly from wheat, as classified in Wheat Regulations, Series 1, Supplement 1 only; in the case of sugarcane and sugar beets the provisions of this paragraph and of paragraph (2) of this subsection shall apply to sugar only." Subsec. (f). Act Mar. 18, 1935, added subsec. (f). Subsec. (g). Act Aug. 24, 1935, §27(b), added subsec. (g). 1934—Subsec. (a)(1). Act May 9, 1934, §10, inserted second sentence. Subsec. (c). Act June 26, 1934, added subsec. (c). Subsec. (c)(1). Act May 9, 1934, §17, added par. (1). Subsec. (d). Act May 9, 1934, §17, added subsec. (d). Validity of remainder of this chapter as not affected should any of the provisions of this chapter be declared unconstitutional. See section 614 of this title. Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department of the Treasury. Appropriations for refunds, etc., see note set out under section 610 of this title. §617. Refund on goods exported; bond to suspend tax on commodity intended for export (a) Upon the exportation to any foreign country (and/or to the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam) of any product processed wholly or partly from a commodity with respect to which product or commodity a tax has been paid or is payable under this chapter, the tax due and payable or due and paid shall be credited or refunded. Under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, the credit or refund shall be allowed to the consignor named in the bill of lading under which the product is exported or to the shipper or to the person liable for the tax provided the consignor waives any claim thereto in favor of such shipper or person liable for the tax. In the case of rice, a tax due under this chapter which has been paid by a tax-payment warrant shall be deemed for the purposes of this subsection to have been paid; and with respect to any refund authorized under this section, the amount scheduled by the Commissioner of Internal Revenue for refunding shall be paid, any provision of law notwithstanding. In the case of sugar beets and sugarcane, this subsection shall be applicable to exports of products thereof to the Virgin Islands, American Samoa, the Canal Zone, and/or the island of Guam only if this chapter with respect to sugar beets and sugarcane is not made applicable thereto. The term "product" includes any product exported as merchandise, or as a container for merchandise, or otherwise. (b) Upon the giving of bond satisfactory to the Secretary of the Treasury for the faithful observance of the provisions of this chapter requiring the payment of taxes, any person shall be entitled, without payment of the tax, to process for such exportation any commodity with respect to which a tax is imposed by this chapter, or to hold for such exportation any article processed wholly or partly therefrom. (May 12, 1933, ch. 25, title I, §17, 48 Stat. 40; May 9, 1934, ch. 263, §§12, 13, 48 Stat. 676; Mar. 18, 1935, ch. 32, §11, 49 Stat. 48; Aug. 24, 1935, ch. 641, §28, 49 Stat. 770; June 22, 1936, ch. 690, §601(a), 49 Stat. 1739; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7871, 60 Stat. 1352.) For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. References to the Philippine Islands in subsec. (a) were omitted from the Code as obsolete in view of the independence proclaimed by the President of the United States by Proc. No. 2695, cited to text, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse. 1936—Subsec. (a). Act June 22, 1936, reenacted subsec. (a) for refund purposes only. 1935—Subsec. (a). Act Aug. 24, 1935, struck out first two sentences and substituted "Upon the exportation to any foreign country (and/or to the Philippine Islands, the Virgin Islands, American Samoa, the Canal Zone, and the island of Guam) of any product processed wholly or partly from a commodity with respect to which product or commodity a tax has been paid or is payable under this chapter, the tax due and payable or due and paid shall be credited or refunded. Under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, the credit or refund shall be allowed to the consignor named in the bill of lading under which the product is exported or to the shipper or to the person liable for the tax provided the consignor waives any claim thereto in favor of such shipper or person liable for the tax." Act Mar. 18, 1935, inserted third sentence. 1934—Subsec. (a). Act May 9, 1934, amended subsec. (a) generally. Subsec. (b). Act May 9, 1934, §13, substituted "partly" for "in chief value". Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan. No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Internal Revenue, referred to in this section, is an officer of Department the Treasury. §618. Existing contracts; imposition of tax on vendee; collection (a) If (1) any processor, jobber, or wholesaler has, prior to the date a tax with respect to any commodity is first imposed under this chapter, made a bona fide contract of sale for delivery on or after such date, of any article processed wholly or in chief value from such commodity, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such tax, then (unless the contract prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price. (b) Taxes payable by the vendee shall be paid to the vendor at the time the sale is consummated and shall be collected and paid to the United States by the vendor in the same manner as other taxes under this chapter. In case of failure or refusal by the vendee to pay such taxes to the vendor, the vendor shall report the facts to the Commissioner of Internal Revenue who shall cause collections of such taxes to be made from the vendee. (May 12, 1933, ch. 25, title I, §18, 48 Stat. 41.) §619. Collection of tax; provisions of internal revenue laws applicable; returns (a) The taxes provided in this chapter shall be collected by the Bureau of Internal Revenue under the direction of the Secretary of the Treasury. Such taxes shall be paid into the Treasury of the United States. (b) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 600 of the Revenue Act of 1926, and the provisions of section 626 of the Revenue Act of 1932, shall, insofar as applicable and not inconsistent with the provisions of this chapter, be applicable in respect of taxes imposed by this chapter: Provided, That the Secretary of the Treasury is authorized to permit postponement, for a period not exceeding one hundred and eighty days, of the payment of not exceeding three-fourths of the amount of the taxes covered by any return under this chapter, but postponement of all taxes covered by returns under this chapter for a period not exceeding one hundred and eighty days may be permitted in cases in which the Secretary of the Treasury authorizes such taxes to be paid each month on the amount of the commodity marketed during the next preceding month. (c) Repealed. June 30, 1947, ch. 166, title II, §206(d), 61 Stat. 208. (d) Under regulations made by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, any person required pursuant to the provisions of this chapter to file a return may be required to file such return and pay the tax shown to be due thereon to the collector of internal revenue for the district in which the processing was done or the liability was incurred. Whenever the Commissioner of Internal Revenue deems it necessary, he may require any person or class of persons handling or dealing in any commodity or product thereof, with respect to which a tax is imposed under the provisions of this chapter, to make a return, render under oath such statements, or to keep such records, as the Commissioner deems sufficient to show whether or not such person, or any other person, is liable for the tax. (May 12, 1933, ch. 25, title I, §19, 48 Stat. 41; June 26, 1934, ch. 759, §3, 48 Stat. 1242; Aug. 24, 1935, ch. 641, §29, 49 Stat. 770; June 30, 1947, ch. 166, title II, §206(d), 61 Stat. 208.) Provisions of section 600 of the Revenue Act of 1926 and section 626 of the Revenue Act of 1932, referred to in subsec. (b), were incorporated in sections 2700, 2704, and 3448 of Title 26, Internal Revenue Code, 1939. See sections 4181, 4182, 4216, 4224, 5831, 6151 and 6601 of Title 26, Internal Revenue Code, 1986. 1947—Subsec. (c). Act June 30, 1947, repealed subsec. (c) which related to loans by Reconstruction Finance Corporation. 1935—Subsec. (b). Act Aug. 24, 1935, §29(a), among other changes, inserted at end of proviso "but postponement of all taxes covered by returns under this chapter for a period not exceeding one hundred and eighty days may be permitted in cases in which the Secretary of the Treasury authorizes such taxes to be paid each month on the amount of the commodity marketed during the next preceding month". Subsec. (d). Act Aug. 24, 1935, §29(b), added subsec. (d). 1934—Subsec. (b). Act June 26, 1934, substituted "one hundred and eighty" for "ninety". Office of Internal Revenue Collector abolished by 1952 Reorg. Plan No. 1, §1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government Organization and Employees, and by section 2 thereof a new office of district commissioner of internal revenue was established. Section 4 of the Plan transferred all functions, that had been vested by statute in any officer or employee of Bureau of Internal Revenue since effective date of 1950 Reorg. Plan No. 26, §§1, 2, 15 F.R. 4935, 64 Stat. 1280, 1281, to Secretary of the Treasury. Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Collector and Commissioner of Internal Revenue, referred to in this section, are officers of Department of the Treasury. §619a. Cotton tax, time for payment The processing tax authorized by section 609 of this title, when levied upon cotton, shall be payable ninety days after the filing of the processor's report: Provided, That, under regulations to be prescribed by the Secretary of the Treasury, the time for payment of such tax upon cotton may be extended, but in no case to exceed six months from the date of the filing of the report. (May 17, 1935, ch. 131, title I, §2, 49 Stat. 281.) §620. Falsely ascribing deductions or charges to taxes; penalty (a) Whoever in connection with the purchase of, or offer to purchase, any commodity, subject to any tax under this chapter, or which is to be subjected to any tax under this chapter, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any amount deducted from the market price or the agreed price of the commodity consists of a tax imposed under this chapter, or (2) ascribing a particular part of the deduction from the market price or the agreed price of the commodity, to a tax imposed under this chapter, knowing that such statement is false or that the tax is not so great as the amount deducted from the market price or the agreed price of the commodity, ascribed to such tax, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both. (b) Whoever in connection with the processing of any commodity subject to any tax under this chapter, whether commercially, for toll, upon an exchange, or otherwise, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any part of the charge for said processing, whether commercially, for toll, upon an exchange, or otherwise, consists of a tax imposed under this chapter, or (2) ascribing a particular part of the charge for processing, whether commercially, for toll, upon an exchange, or otherwise, to a tax imposed under this chapter, knowing that such statement is false, or that the tax is not so great as the amount charged for said processing ascribed to such tax, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both. (c) Whoever in connection with any settlement, under a contract to buy any commodity, and/or to sell such commodity, or any product or byproduct thereof, subject to any tax under this chapter, makes any statement, written or oral, (1) intended or calculated to lead any person to believe that any amount deducted from the gross sales price, in arriving at the basis of settlement under the contract, consists of a tax under this chapter, or (2) ascribing a particular amount deducted from the gross sales price, in arriving at the basis of settlement under the contract, to a tax imposed under this chapter, knowing that such statement is false, or that the tax is not so great as the amount so deducted and/or ascribed to such tax, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not exceeding six months, or both. (May 12, 1933, ch. 25, title I, §20, as added May 9, 1934, ch. 263, §16, 48 Stat. 677.) §621. Machinery belting processed from cotton; exemption from tax The provisions of section 616 of this title, shall not apply to articles of machinery belting processed wholly or in chief value from cotton, if such processing was completed prior to January 1, 1930. (June 26, 1934, ch. 753, §1, 48 Stat. 1223.) Section, act June 26, 1934, ch. 753, §2, 48 Stat. 1223, related to refunding or crediting of taxes paid under section 616 of this title. §623. Actions relating to tax; legalization of prior taxes (a) Action to restrain collection of tax or obtain declaratory judgment forbidden No suit, action, or proceeding (including probate, administration, and receivership proceedings) shall be brought or maintained in any court if such suit, action, or proceeding is for the purpose or has the effect (1) of preventing or restraining the assessment or collection of any tax imposed or the amount of any penalty or interest accrued under this chapter on or after August 24, 1935, or (2) of obtaining a declaratory judgment under sections 2201 and 2202 of title 28 in connection with any such tax or such amount of any such interest or penalty. In probate, administration, receivership, or other similar proceedings, the claim of the United States for any such tax or such amount of any such interest or penalty, in the amount assessed by the Commissioner of Internal Revenue, shall be allowed and ordered to be paid, but the right to claim the refund or credit thereof and to maintain such claim pursuant to the applicable provisions of law, including subsection (d) of this section, may be reserved in the court's order. (b) Taxes imposed prior to August 24, 1935, legalized and ratified The taxes imposed under this chapter, as determined, prescribed, proclaimed and made effective by the proclamations and certificates of the Secretary of Agriculture or of the President and by the regulations of the Secretary with the approval of the President prior to August 24, 1935, are legalized and ratified, and the assessment, levy, collection, and accrual of all such taxes (together with penalties and interest with respect thereto) prior to said date are legalized and ratified and confirmed as fully to all intents and purposes as if each such tax had been made effective and the rate thereof fixed specifically by prior Act of Congress. All such taxes which had accrued and remained unpaid August 24, 1935, shall be assessed and collected pursuant to section 619 of this title, and to the provisions of law made applicable thereby. Nothing in this section shall be construed to import illegality to any act, determination, proclamation, certificate, or regulation of the Secretary of Agriculture or of the President done or made prior to August 24, 1935. (c) Rental and benefit payments, agreements, and programs made prior to August 24, 1935, legalized and ratified The making of rental and benefit payments under this chapter, prior to August 24, 1935, as determined, prescribed, proclaimed and made effective by the proclamations of the Secretary of Agriculture or of the President or by regulations of the Secretary, and the initiation, if formally approved by the Secretary of Agriculture prior to such date of adjustment programs under section 608(1) of this title, and the making of agreements with producers prior to such date, and the adoption of other voluntary methods prior to such date, by the Secretary of Agriculture under this chapter, and rental and benefit payments made pursuant thereto, are legalized and ratified, and the making of all such agreements and payments, the initiation of such programs, and the adoption of all such methods prior to such date are legalized, ratified, and confirmed as fully to all intents and purposes as if each such agreement, program, method, and payment had been specifically authorized and made effective and the rate and amount thereof fixed specifically by prior Act of Congress. (May 12, 1933, ch. 25, title I, §21, as added Aug. 24, 1935, ch. 641, §30, 49 Stat. 770; amended June 22, 1936, ch. 690, §§601(c), 901, 49 Stat. 1740, 1747; Pub. L. 95–598, title III, §304, Nov. 6, 1978, 92 Stat. 2673.) Subsection (d) of this section, referred to in subsec. (a), was repealed by section 901 of act June 22, 1936. See 1936 Amendment note set out below. "Sections 2201 and 2202 of title 28" was substituted for "the Federal Declaratory Judgments Act", which had enacted section 400 of former Title 28, Judicial Code and Judiciary, on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Another section 21 of act May 12, 1933, enacted sections 992 and 993 of Title 12, Banks and Banking. 1978—Subsec. (a). Pub. L. 95–598 struck out ", and bankruptcy" after "receivership" in first sentence, and struck out "bankruptcy," after "receivership" in second sentence. 1936—Subsecs. (d) to (g). Act June 22, 1936, §901, repealed subsec. (d) relating to prohibition on making certain refunds, subsec. (e) providing for access to books, and subsec. (g) providing for recovery of taxes erroneously collected, and act June 22, 1936, §601(c), repealed subsec. (f) relating to time for filing claim for refund. Amendment effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. §624. Limitation on imports; authority of President (a) Whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, any program or operation undertaken under this chapter or the Soil Conservation and Domestic Allotment Act, as amended [16 U.S.C. 590a et seq.], or section 612c of this title, or any loan, purchase, or other program or operation undertaken by the Department of Agriculture, or any agency operating under its direction, with respect to any agricultural commodity or product thereof, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to which any such program or operation is being undertaken, he shall so advise the President, and, if the President agrees that there is reason for such belief, the President shall cause an immediate investigation to be made by the United States International Trade Commission, which shall give precedence to investigations under this section to determine such facts. Such investigation shall be made after due notice and opportunity for hearing to interested parties, and shall be conducted subject to such regulations as the President shall specify. (b) If, on the basis of such investigation and report to him of findings and recommendations made in connection therewith, the President finds the existence of such facts, he shall by proclamation impose such fees not in excess of 50 per centum ad valorem or such quantitative limitations on any article or articles which may be entered, or withdrawn from warehouse, for consumption as he finds and declares shown by such investigation to be necessary in order that the entry of such article or articles will not render or tend to render ineffective, or materially interfere with, any program or operation referred to in subsection (a) of this section, or reduce substantially the amount of any product processed in the United States from any such agricultural commodity or product thereof with respect to which any such program or operation is being undertaken: Provided, That no proclamation under this section shall impose any limitation on the total quantity of any article or articles which may be entered, or withdrawn from warehouse, for consumption which reduces such permissible total quantity to proportionately less than 50 per centum of the total quantity of such article or articles which was entered, or withdrawn from warehouse, for consumption during a representative period as determined by the President: And provided further, That in designating any article or articles, the President may describe them by physical qualities, value, use, or upon such other bases as he shall determine. In any case where the Secretary of Agriculture determines and reports to the President with regard to any article or articles that a condition exists requiring emergency treatment, the President may take immediate action under this section without awaiting the recommendations of the International Trade Commission, such action to continue in effect pending the report and recommendations of the International Trade Commission and action thereon by the President. (c) The fees and limitations imposed by the President by proclamation under this section and any revocation, suspension, or modification thereof, shall become effective on such date as shall be therein specified, and such fees shall be treated for administrative purposes and for the purposes of section 612c of this title, as duties imposed by the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], but such fees shall not be considered as duties for the purpose of granting any preferential concession under any international obligation of the United States. (d) After investigation, report, finding, and declaration in the manner provided in the case of a proclamation issued pursuant to subsection (b) of this section, any proclamation or provision of such proclamation may be suspended or terminated by the President whenever he finds and proclaims that the circumstances requiring the proclamation or provision thereof no longer exist or may be modified by the President whenever he finds and proclaims that changed circumstances require such modification to carry out the purposes of this section. (e) Any decision of the President as to facts under this section shall be final. (f) No quantitative limitation or fee shall be imposed under this section with respect to any article that is the product of a WTO member (as defined in section 3501(10) of title 19). (May 12, 1933, ch. 25, title I, §22, as added Aug. 24, 1935, ch. 641, §31, 49 Stat. 773; amended Feb. 29, 1936, ch. 104, §5, 49 Stat. 1152; June 3, 1937, ch. 296, §1, 50 Stat. 246; Jan. 25, 1940, ch. 13, 54 Stat. 17; July 3, 1948, ch. 827, title I, §3, 62 Stat. 1248; June 28, 1950, ch. 381, §3, 64 Stat. 261; June 16, 1951, ch. 141, §8(b), 65 Stat. 75; Aug. 7, 1953, ch. 348, title I, §104, 67 Stat. 472; Pub. L. 93–618, title I, §171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 100–449, title III, §301(c), Sept. 28, 1988, 102 Stat. 1868; Pub. L. 103–465, title IV, §401(a)(1), Dec. 8, 1994, 108 Stat. 4957.) Amendment of Section For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below. The Soil Conservation and Domestic Allotment Act, as amended, referred to in subsec. (a), is act Apr. 27, 1935, ch. 85, 49 Stat. 163, as amended, which is classified generally to chapter 3B (§590a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 590q of Title 16 and Tables. The Tariff Act of 1930, referred to in subsec. (c), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. Another section 22 of act May 12, 1933, amended section 781 of Title 12, Banks and Banking. 1994—Subsec. (f). Pub. L. 103–465 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "No trade agreement or other international agreement heretofore or hereafter entered into by the United States shall be applied in a manner inconsistent with the requirements of this section; except that the President may, pursuant to articles 705.5 and 707 of the United States-Canada Free-Trade Agreement, exempt products of Canada from any import restriction imposed under this section." 1988—Subsec. (f). Pub. L. 100–449 temporarily inserted before period at end "; except that the President may, pursuant to articles 705.5 and 707 of the United States-Canada Free-Trade Agreement, exempt products of Canada from any import restriction imposed under this section". See Effective and Termination Dates of 1988 Amendment note below. 1975—Subsecs. (a), (b). Pub. L. 93–618 substituted "United States International Trade Commission" for "United States Tariff Commission". 1953—Subsec. (b) amended by subsec. (c) of section 8 of act June 16, 1951, as added to section 8 by act Aug. 7, 1953, which added second paragraph to subsec. (b). 1951—Subsec. (f). Act June 16, 1951, amended subsec. (f) generally to provide that no trade agreement concessions can be construed to interfere with the operation of agricultural programs. 1950—Subsec. (a). Act June 28, 1950, placed upon the Secretary of Agriculture the responsibility of notifying the President whenever the Secretary believes or has reason to believe that any article or articles are being or practically certain to be brought into this country so as to render, or tend to render ineffective or materially interfere with programs undertaken under this chapter. Subsecs. (b) to (e). Act June 28, 1950, reenacted subsecs. (b) to (e) without change. Subsec. (f). Act June 28, 1950, made certain that future international agreements or amendments to existing agreements give effect to this section within the framework of the general agreements on tariffs and trade. 1948—Act July 3, 1948, amended section generally to extend authority of this section to agriculture products as well as commodities; to extend such authority to cover articles the import of which affects any loan, purchase, or other Departmental operation or program; to make quantitative limitation restrictions applicable to the total quantity of an article imported during a representative period as determined by the President, rather than to each country's average annual quantity of the article imported during the period from Jan. 1, 1929, to Dec. 31, 1933, as formerly provided; to give the President a specific grant of authority to describe designated articles by physical qualities, value, use, or upon such bases as he determines; to clarify definition respecting authorized fees, which formerly were considered duties for some purposes, so that they no longer shall be considered as duties for the purpose of granting any preferential concession under any international obligation of the United States; and, to prohibit the enforcement of a proclamation under this section which would be in contravention to any treaty or international agreement to which the United States is a part. 1940—Subsecs. (a) to (c). Act Jan. 25, 1940, amended subsecs. (a) to (c) generally. 1936—Act Feb. 29, 1936, inserted "or the Soil Conservation and Domestic Allotment Act, as amended" after "this chapter" wherever appearing, and substituted "any" for "an adjustment" wherever appearing. Pub. L. 103–465, title IV, §401(a)(2), Dec. 8, 1994, 108 Stat. 4957, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the date of entry into force of the WTO Agreement with respect to the United States [Jan. 1, 1995], except that with respect to wheat, that amendment shall take effect on the later of such date or September 12, 1995." Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c), of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. Act July 3, 1948, ch. 827, title I, §6, 62 Stat. 1250, provided that: "This title [amending this section and section 590h of Title 16, Conservation, enacting provisions set out as notes under sections 1282 and 1312 of this title, and amending provisions set out as a note under section 713a–8 of Title 15, Commerce and Trade] shall take effect on January 1, 1949, except that sections 3 and 4 [amending this section and section 590h of Title 16] shall take effect on the date of enactment of this Act [July 3, 1948]." Report to Congress on Termination or Suspension of Quantitative Limitations or Fees Pub. L. 101–624, title XV, §1554, Nov. 28, 1990, 104 Stat. 3697, directed Secretary of Agriculture to report to Congress before effective date of suspension or termination of any quantitative limitations or fees in effect under 7 U.S.C. 624 on consequences of lifting of limitations or fees, prior to repeal by Pub. L. 104–127, title II, §281(a), Apr. 4, 1996, 110 Stat. 980. Interference With Tobacco Price Support Program Pub. L. 100–418, title IV, §4609, Aug. 23, 1988, 102 Stat. 1411, provided that it was the sense of Congress that the amounts of assessments collected under the no-net-cost tobacco program could be an indicator of import injury and material interference with the tobacco price support program and, for purposes of any investigation conducted under subsec. (a) of this section, with respect to tobacco or articles containing tobacco imported into the United States, the International Trade Commission would take into account, as if they were costs to the Federal government, contributions and assessments imposed under former sections 1445–1 and 1445–2 of this title in determining whether such imported tobacco or articles containing tobacco had materially interfered with the tobacco price support program. Dairy Import Study by Secretary of Agriculture; Report to Congress by Jan. 1, 1975 Pub. L. 91–524, title II, §205, as added Pub. L. 93–86, §1(6), Aug. 10, 1973, 87 Stat. 223; amended Pub. L. 93–125, §1(a)(i), Oct. 18, 1973, 87 Stat. 450, authorized the Secretary of Agriculture to determine the effect upon domestic dairy producers, handlers, and processors and upon consumers of increases in the level of imports, if any, of dairy products and report his findings, together with any recommendations he may have with respect to import quotas or other matters, to the Congress of the United States no later than Jan. 1, 1975, defined dairy products as including (1) all forms of milk and dairy products, butterfat, milk solids-not-fat, and any combination or mixture thereof; (2) any article, compound, or mixture containing 5 per centum or more of butterfat, or milk solids-not-fat, or any combinations of the two; and (3) lactose, and other derivatives of milk, butterfat, or milk solids-not-fat, if imported commercially for any food use, and excluded from the definition of dairy products (1) casein, caseinates, industrial casein, industrial caseinates, or any other industrial products, not to be used in any form for any food use, or an ingredient of food; or (2) articles not normally considered to be dairy products, such as candy, bakery goods, and other similar articles. Proc. No. 3178. Quota on Butter Substitutes Proc. No. 3178, Apr. 17, 1957, 22 F.R. 2701, provided: WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), the Secretary of Agriculture advised me that there was reason to believe that butter substitutes, including butter oil, containing 45 per centum or more of butterfat, which are dutiable under paragraph 709 of the Tariff Act of 1930, as amended, are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price-support program undertaken by the Department of Agriculture with respect to milk and butterfat, or to reduce substantially the amount of products processed in the United States from domestic milk and butterfat with respect to which such program of the Department of Agriculture is being undertaken; and WHEREAS on November 17, 1956, under the authority of the said section 22, I caused the United States Tariff Commission [now the United States International Trade Commission] to make an investigation with respect to this matter; and WHEREAS, in accordance with the said section 22, as implemented by Executive Order No. 7233 of November 23, 1935, the said Tariff Commission has made such investigation and has reported to me its findings and recommendations made in connection therewith; and WHEREAS, on the basis of the said investigation and report of the Tariff Commission, I find that butter substitutes, including butter oil, containing 45 per centum or more of butterfat and classifiable under paragraph 709 of the Tariff Act of 1930 are practically certain to be imported into the United States under such conditions and in such quantities as to materially interfere with the said price-support program with respect to milk and butterfat, and to reduce substantially the amount of products processed in the United States from domestic milk and butterfat with respect to which said price-support program is being undertaken; and WHEREAS I find and declare that the imposition of the quantitative limitations hereinafter proclaimed is shown by such investigation of the said Tariff Commission to be necessary in order that the entry, or withdrawal from warehouse, for consumption of such butter substitutes, including butter oil, will not materially interfere with the said price-support program or reduce substantially the amount of products processed in the United States from domestic milk and butterfat with respect to which the said price-support program is being undertaken: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the said section 22 of the Agricultural Adjustment Act [this section], do hereby proclaim that the total aggregate quantity of butter substitutes, including butter oil, containing 45 per centum or more of butterfat and classifiable under paragraph 709 of the Tariff Act of 1930, as amended, which shall be permitted to be entered, or withdrawn from warehouse, for consumption during the calendar year 1958 and each subsequent calendar year shall not exceed 1,200,000 pounds. The specified quantities of the named articles which may be entered, or withdrawn from warehouse, for consumption are not proportionately less than 50 per centum of the total quantities of such articles entered, or withdrawn from warehouse, for consumption during the representative period from January 1, 1956, to December 31, 1956, inclusive. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fifteenth day of April in the year of our Lord nineteen hundred and fifty-seven, and of the Independence of the United States of America the one hundred and eighty-first. [seal] Dwight D. Eisenhower. Proclamation No. 3306 Proc. No. 3306, Aug. 7, 1959, 24 F.R. 6407, which provided for quotas on imports of rye, rye flour, and rye meal terminated on June 30, 1961. Proc. No. 3378, Oct. 31, 1960, 25 F.R. 10449, relating to quotas on imports of tung oil and tung nuts, was terminated by Proc. No. 3471, May 2, 1962, 27 F.R. 4271. Proc. No. 3428. Import Restrictions on Certain Cotton Products Proc. No. 3428, Sept. 11, 1961, 26 F.R. 8535, provided: WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), the Secretary of Agriculture advised the President that he had reason to believe that certain cotton products produced in any stage preceding the spinning into yarn are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price-support program and other programs or operations undertaken by the Department of Agriculture with respect to cotton or products thereof, or to reduce substantially the amount of cotton processed in the United States from cotton or products thereof with respect to which any such program or operation is being undertaken; and WHEREAS, on January 18, 1961, under the authority of the said section 22, the President requested the United States Tariff Commission [now the United States International Trade Commission] to make an investigation with respect to this matter; and WHEREAS, in accordance with the said section 22, as implemented by Executive Order No. 7233 of November 23, 1935, the Tariff Commission has made such investigation and has reported to me its findings and recommendations made in connection therewith; and WHEREAS, on the basis of the investigation and report of the Tariff Commission, I find that the articles with respect to which import restrictions are hereinafter proclaimed are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price-support program and other programs or operations undertaken by the Department of Agriculture with respect to cotton or products thereof; and WHEREAS I find and declare that the important restrictions hereinafter proclaimed are shown by such investigation of the Tariff Commission to be necessary in order that the entry, or withdrawal from warehouse, for consumption of the said articles will not render or tend to render ineffective, or materially interfere with, the price-support program and other programs or operations undertaken by the Department of Agriculture with respect to cotton or products thereof; NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by section 22 of the Agricultural Adjustment Act, as amended, do hereby proclaim that the total aggregate quantity of cotton products produced in any stage preceding the spinning into yarn, except cotton wastes, which may be entered, or withdrawn from warehouse, for consumption in any 12-month period, beginning September 11 in 1961 and in subsequent years shall not exceed 1,000 pounds, which permissible total quantity I find and declare to be proportionately not less than 50 per centum of the total quantity of such articles entered, or withdrawn from warehouse, for consumption during the representative period from January 1, 1940, to December 31, 1953, inclusive. DONE at the City of Washington this 11th day of September in the year of our Lord nineteen hundred and sixty-one, and of the Independence of the United States of America the one hundred and eighty-sixth. §625. Repealed. Pub. L. 108–357, title VI, §611(s), Oct. 22, 2004, 118 Stat. 1523 Section, Pub. L. 98–59, §3, July 25, 1983, 97 Stat. 296, related to review of the effects of Burley tobacco imports on the Department of Agriculture's Burley tobacco price-support program. Repeal applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title. Repeal not to affect the liability of any person under this section with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. §626. Import inventory (a) Compilation and report on imports The Secretary of Agriculture, in consultation with the Secretary of Commerce, the International Trade Commission, the United States Trade Representative, and the heads of all other appropriate Federal agencies, shall compile and report to the public statistics on the total value and quantity of imported raw and processed agricultural products. The report shall be limited to those statistics that such agencies already obtain for other purposes. (b) Compilation and report on consumption The Secretary shall compile and report to the public data on the total quantity of production and consumption of domestically produced raw and processed agricultural products. (c) Issuing of data The reports required by this section shall be made in a format that correlates statistics for the quantity and value of imported agricultural products to the production and consumption of domestic agricultural products. The Secretary shall issue such reports on an annual basis, with the first report required not later than 1 year after August 23, 1988. (Pub. L. 100–418, title IV, §4502, Aug. 23, 1988, 102 Stat. 1403.) Section was enacted as part of the Agricultural Competitiveness and Trade Act of 1988 and also as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Agricultural Adjustment Act which comprises this chapter. §627. Dairy forward pricing pilot program (a) Pilot program required Not later than 90 days after November 29, 1999, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. (b) Minimum milk price requirements Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy— (1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of section 608c of this title; and (2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. (c) Milk covered by pilot program (1) Covered milk The pilot program shall apply only with respect to the marketing of federally regulated milk that— (A) is not classified as Class I milk or otherwise intended for fluid use; and (B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. (2) Relation to Class I milk To assist milk handlers in complying with the limitation in paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the handler's obligations with regard to Class I milk usage. (d) Duration The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend beyond that date. (e) Study and report on effect of pilot program (1) Study The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain information for the study, the Secretary may use the authorities available to the Secretary under section 608d of this title, subject to the confidentiality requirements of subsection (2) of such section. (2) Report Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the results of the study. (May 12, 1933, ch. 25, title I, §23, as added Pub. L. 106–113, div. B, §1000(a)(8) [§3], Nov. 29, 1999, 113 Stat. 1536, 1501A-519.) Another section 23 of act May 12, 1933 amended former section 781 of Title 12, Banks and Banking. §§641 to 659. Omitted Section 641, act June 22, 1936, ch. 690, §601, 49 Stat. 1739, related to refunds in cases where exports, deliveries for charitable distribution or use, manufacture of large cotton bags, or the decrease in rate of processing tax took place prior to January 6, 1936, specified persons entitled to refunds, and filing and determination of claims. Section 642, acts June 22, 1936, ch. 690, §602, 49 Stat. 1740; Aug. 10, 1939, ch. 666, title IX, §911, 53 Stat. 1402, specified amount of refunds on articles processed wholly or in chief value from a commodity subject to processing tax, defined certain terms, prohibited payments with respect to retail floor stocks with some exceptions, and made final determinations of Commissioner of Internal Revenue with respect to such payments. Section 643, act June 22, 1936, ch. 690, §603, 49 Stat. 1742, made applicable proclamations, certificates, and regulations of this chapter for purpose of determining amount of refunds or payments authorized by sections 641 and 642. Section 644, acts June 22, 1936, ch. 690, §902, 49 Stat. 1747; Oct. 21, 1942, ch. 619, title V, §§504(a), (c), 510(e), 56 Stat. 957, 968, conditioned allowance of refunds on a showing by claimant that he bore burden of tax or that he repaid such amount unconditionally to his vendee. Section 645, acts June 22, 1936, ch. 690, §903, 49 Stat. 1747; June 29, 1939, ch. 247, title IV, §405, 53 Stat. 884, prohibited refunds except where claims were filed after June 22, 1936, and prior to January 1, 1940, and provided for regulations relating to filing of such claims. Section 646, act June 22, 1936, ch. 690, §904, 49 Stat. 1747, provided that no action could be brought before expiration of eighteen months from date of filing of a claim, or after expiration of two years from date of mailing to claimant of a notice disallowing the claim. Section 647, act June 22, 1936, ch. 690, §905, 49 Stat. 1748, provided for District Courts of the United States to have concurrent jurisdiction with Court of Claims or refund cases regardless of amount in controversy. Section 648, acts June 22, 1936, ch. 690, §906, 49 Stat. 1748; Oct. 21, 1942, ch. 619, title V, §§504(a), (c), 510(b), (f)(1), (g)–(j), 56 Stat. 957, 967; June 25, 1948, ch. 646, §32, 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107, related to procedure on claims for refunds of processing taxes, review of actions of Commissioner of Internal Revenue by Tax Court, and review of Tax Court decisions by Courts of Appeals. Section 649, act June 22, 1936, ch. 690, §907, 49 Stat. 1751, related to evidence and presumptions. Section 650, act June 22, 1936, ch. 690, §908, 49 Stat. 1753, placed limitations on allowance of claims and interest. Section 651, act June 22, 1936, ch. 690, §909, 49 Stat. 1753, provided that, in absence of fraud or mistake, findings of fact and conclusions of law of Commissioner was conclusive on any other administrative or accounting officer. Section 652, act June 22, 1936, ch. 690, §910, 49 Stat. 1753, related to liability of collectors. Section 653, act June 22, 1936, ch. 690, §911, 49 Stat. 1753, made provisions of former sections 644–659 of this title inapplicable to certain refunds. Section 654, act June 22, 1936, ch. 690, §912, 49 Stat. 1754, provided that suits or proceedings, and claims barred on June 22, 1936, shall remain barred. Section 655, act June 22, 1936, ch. 690, §913, 49 Stat. 1754, defined "tax", "processing tax," "commodity", "article", "refund", and "Agricultural Adjustment Act". Section 656, act June 22, 1936, ch. 690, §914, 49 Stat. 1754, related to authority of Commissioner of Internal Revenue. Section 657, act June 22, 1936, ch. 690, §915, 49 Stat. 1755, relating to salaries and administrative expenses, made funds available until June 30, 1937, and was not extended. Section 658, act June 22, 1936, ch. 690, §916, 49 Stat. 1755, provided that Commissioner of Internal Revenue, with approval of Secretary of Agriculture, prescribe rules and regulations for carrying out provisions of sections 644 to 659 of this title. Section 659, act June 22, 1936, ch. 690, §917, 49 Stat. 1755, related to personnel.
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BlogHome » Lizzie & Peter Lizzie & Peter Lizzie and Peter Photography by Chellise Michael Photography There's an old saying that many people find their future spouse at a wedding, and for Lizzie and Peter it was sort of true. The couple, who are planning a December wedding, first met while they were both undergrads at Duke University in 2004, but it wasn't until years after graduation when the two were at a friend's wedding in Nicaragua that they began dating. While their winter wedding will be in Deer Valley, Utah, they decided on a low-key engagement party at the bride's parents' home at Columbus Circle overlooking Central Park. "I think our whole vibe for everything we are doing is casual and fun. The engagement party invites said 'dress up,' but we don't like a lot of fussiness. We try to keep it more funky and silly," the bride-to-be tells Twirl New York. According to Lizzie it was a coincidence that a number of the party's details were in the bride's favorite color, purple. Alpine Creative Group silk-screen printed the engagement party invitations on purple Lucite, which were mailed in coordinating purple envelopes. Purple cocktail napkins and purple (and white) m&ms were placed in bowls throughout the apartment. Even the bride accessorized her Giambattista Valli dress with purple pumps by Gianvito Rossi. The party menu, catered by Peter Callahan, included bite-sized hors d'oeuvres served on Callahan's custom-designed trays, and included mini margarita pizzas, bacon and bourbon, fried wontons and spaghetti and meatballs. Our whole vibe for everything we're doing is casual and fun. —Lizzie While the guests mixed and mingled, a pianist with Jazz at Lincoln Center played various tunes on a clear, acrylic piano in the family's living room with wrap-around views of the park and the uptown skyline. Towards the end of the evening the father of the bride made a toast to his daughter and future son-in-law, which drew a few tears from the crowd. Lizzie is half of the duo behind Fête-a-Tête. Along with her business partner Katie Witten, these two millennial hostesses with the mostest share party-planning tips for everything from a backyard bash to intimate dinner parties at home. You can check out their site at feteatete.com for entertaining ideas, and see how they envisioned a summer engagement party you could totally throw for your BFF in the upcoming summer issue of The Book – out next week!) Photography Chellise Michael Photography Invitations Alpine Creative Group Dress Designer Giambattista Valli at Bergdorf Goodman Bride-to-Be's Shoes Gianvito Rossi at Bergdorf Goodman Catering Peter Callahan Groom's Suit Alton Lane Natalia & Jason A formal winter wonderland wedding on Long Island Kelsey and Noah A romantic springtime affair at Brooklyn Botanic Garden Aya & Richard A lodge and taxidermy-inspired wedding in lower Manhattan Margaret & Paul A whimsical winter wedding at The Lighthouse at Chelsea Piers Rachel & Joe Hanna & Jimm
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Q: Django Template: remove underscore and capitalize each word Is there any filter in Django that can remove underscores and also capitalize each letter of the word OR remove underscores and capitalize the first letter of sentence? A: @register.filter() def field_name_to_label(value): value = value.replace('_', ' ') return value.title() A: To capitalize your word you could use capfirst template tag: {{ value|capfirst }} # If value is "django", the output will be "Django". Here you can find more built-in tags. To remove underscore, I think there's no filter that do that, you could write your own template tag filter or pre-process the word in your view replacing underscores: word = 'hello_world' word = word.replace('_', ' ')
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Abdullah Abdullah (Kabul, 5 de septiembre de 1960) es un médico y político afgano. Fue presidente del "Alto Consejo Nacional de Reconciliación" y fue Jefe Ejecutivo de Afganistán desde el 29 de septiembre de 2014. Fue ministro de Asuntos Exteriores de Afganistán entre el 22 de diciembre de 2001 y el 21 de marzo de 2006. Como muchos afganos, utiliza solamente un nombre, aunque se refieren a él en muchas ocasiones como Abdullah Abdullah. Biografía Abdullah nació en el segundo distrito de Kārte Parwān en Kabul, en el entonces Reino de Afganistán. Es hijo de un padre pastún, Ghulam Mahyyoddin Zmaryalay, del área de Kandahar, y una madre tayika de Panjshir. Su padre se desempeñó como comisionado de tierras y auditor de la Oficina del primer ministro, así como también sirvió como Senador en los últimos años del gobierno del Rey Mohammed Zahir Shah. Estudió oftalmología en el Departamento de Medicina de la Universidad de Kabul, licenciándose en 1983 y trabajando posteriormente en la ciudad hasta 1985. Más tarde colaboró con los refugiados afganos en Pakistán, donde entró en contacto con los muyahidines. El doctor Abdullah se unió al Frente de Resistencia de Panjshir, y en 1986 se convirtió en el consejero de Ahmed Shah Massoud, el líder natural del Panjshir. Abdullah fue Ministro de Exteriores del gobierno del Frente Unido Afgano desde 1998. Tras el asesinato de Massoud en 2001 pasó a ser una de las tres figuras más importantes de la Alianza del Norte y posteriormente del Gobierno Transicional Afgano junto a los ministros anteriores Mohammed Fahim y Yunus Qanuni, siendo los tres considerados los líderes de la facción de etnia tayika, aunque la madre de Abdullah es de etnia pastún. Ocupó el cargo de Ministro de Asuntos Exteriores desde 2001 hasta el 21 de marzo de 2006. Fue de los pocos ministros pertenecientes a la Alianza del Norte que no perdieron su cartera tras las elecciones presidenciales de 2004. En agosto de 2009 se presentó como independiente a las elecciones presidenciales como principal rival de Hamid Karzai según varias encuestas y analistas políticos. En la primera vuelta de las elecciones celebradas el 20 de agosto obtuvo un 30,59% de los votos, el segundo mejor resultado detrás del Karzai. Sin embargo, las elecciones estuvieron salpicadas de múltiples escándalos de fraude y manipulación electoral en favor de Karzai provocando críticas contra él, la Comisión Electoral y las organizaciones internacionales responsables de vigilar la transparencia. Abdullah, afirmando que las condiciones en las que iba a celebrarse la segunda vuelta fijada para el siguiente 7 de noviembre serían semejantes, anunció su retirada de las elecciones; lo que se tradujo al día siguiente en la confirmación de Karzai como vencedor y presidente de Afganistán para los siguientes 5 años. Volvió a presentarse como candidato para las elecciones presidenciales de 2014. Los sondeos preelectorales lo sitúan como unos de los principales favoritos. Alto Consejo Nacional de Reconciliación El presidente reelecto de Afganistán, Ashraf Ghani, y Abdullah Abdullah, firmaron el 17 de mayo de 2020 un acuerdo para compartir el poder. El convenio firmado luego de intensas negociaciones tras el no reconocimiento de Abdullah al resultado electoral de 2019 puso fin al diferendo entre los líderes afganos, que había paralizado la política justo cuando el país afronta una difícil negociación con los talibanes dentro del Proceso de paz afgano. Este acuerdo tuvo la presión con la visita del Secretario de Estado de los Estados Unidos el cual indicó que si los líderes no llegaban a un acuerdo, ese país retiraría la ayuda económica que les brinda. Referencias Enlaces externos Al Jazeera English on YouTube - Dr Abdullah: Against All Odds Part 1, Part 2 Perfil de Abdullah (en español) Nacidos en Kabul Médicos de Afganistán Alumnado de la Universidad de Kabul Musulmanes de Afganistán Muyahidines de Afganistán Ministros de Relaciones Exteriores de Afganistán Afganos del siglo XX Afganos del siglo XXI
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Comes With Music allows unlimited music downloads to the handset and to a designated PC for one year, after which users can keep the music. However, music publishers have claimed the service hasn't yet achieved correct licensing deals with them, while some unconfirmed reports suggest the handsets may be pretty costly if purchased with the service. There's also some questions as to how data charges will work for users of the system. Thanks, I have recently been looking for information approximately this topic for a long time and yours is the best I've discovered till now. However, what concerning the bottom line? Are you positive concerning the source?
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Bernadine Slay Young Mrs. Young served as a Washington County Justice Court Judge in Greenville for 25 years and spent another 15 years as a Municipal Court Judge for the City of Metcalfe, MS. In 1983, she became the first African-American Justice Court Judge elected in Washington County, Mississippi. Estelle Pryor Ms. Pryor has always been an active advocate for voter registration. In 1967, Ms. Pryor began work at the courthouse as the first African American hired in the Washington County Court House as Deputy Circuit Clerk. She was later promoted to Chief Deputy Clerk. Ora Bee Phipps Ora Bee Phipps and other low income mothers decided to organize themselves and obtain a state charter for the first Head Start program in Quitman County, Mississippi. In June of 1966, a personal tragedy struck the Phipps family. Ora Bee's husband, Armstead Phipps, Sr., suffered a heart attack and died while participating in the Meredith Mississippi March, the "March against Fear" from Memphis, Tennessee to Jackson, Mississippi. After hearing of Mr. Phipps' death, Dr. Martin Luther King, Jr. made plans to stop in Marks, MS to conduct his eulogy. Nerissa Wilkerson Norman On June 12, 1992, Nerissa Virginia Wilkerson Norman claimed her place in history when she was elected as the ninth and first female mayor of the City of Mound Bayou. Mayor Norman chose to receive only $300 a month for her service because of the city great debt. Under her leadership, the city was able to resolve old debts and deficits totaling nearly $400,000. Dovie and Winson Hudson These two unsung heroes of the Civil Rights Movement, Winson and Dovie Hudson, began trying to register to vote in 1937 ''for the heck of it." When the Voting Rights Act of 1965 was signed into law, the Hudson sisters led a massive registration drive in Leake County, signing up 500 new voters in one year.
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The effects of individual, organizational and environmental factors on the adoptions of e-commerce by SMEs in the Netherlands. An examination of factors influencing managerial beliefs, attitudes and the use of an e-commerce system using the technology acceptance model. Since the 1990s the use of the Internet and electronic commerce (e-commerce) has exploded, yet few SMEs seem to benefit from its potential. The lack of personal involvement and low level of use are an indication that managers still have not committed themselves to e-commerce. Consequently they are not reaping the full benefits first hand. The objectives of the study are to identify key factors and relationships likely to influence e-commerce use by SME managers in the Netherlands and to investigate whether relevant and significant factors can be combined in a new model to predict how SME managers will use new technology. To achieve these objectives, a well-established model of IT usage behaviour, the Technology Acceptance Model (TAM), was used. Building upon TAM, a theoretical research model was developed to investigate a large number of external variables that are possible antecedents of managerial beliefs, attitudes, and the use of IT. E-commerce systems were chosen as the IT tool under review. A cross-sectional field survey was conducted to investigate the theoretical research model. The results are based on the analysis of questionnaire data from 114 managers from Dutch SMEs. Using Structural Equation Modelling (SEM) the results show significant support for external variables, mostly of an individual nature, in the categories of demographics, managerial and IT knowledge, individual characteristics, and company characteristics. Contrary to expectations, two categories - social factors and environmental characteristics - had few or no variables with a significant relationship. This study further presents empirical evidence to suggest a limited number of antecedents under managerial control influencing beliefs, attitudes, and use. A better understanding of the various factors that may impede or increase effective utilization of IT can facilitate the design of organizational or managerial interventions that address these issues. Building on the core TAM model a new model, the e-Tam Model, has been developed based on the results of the theoretical research model. In this model, it is hypothesized that IT usage is directly and indirectly influenced by seven external variables divided into three categories: demographics, personality, and company characteristics. Using the e-Tam Model, effective and increased use of managerial IT tools can be promoted. This will enable managers to have a better use of e-commerce systems leading in turn to better margins and opportunities.
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New product with amazing results. Our customers love this product! Ideal fit for people who suffer from bad skin caused by acne, oily skin, rosacea, and large or clogged pores. Improves the circulation of the face and neck. Helps to maintain soft and smooth skin. This mask works hear to eliminate blackheads and dirt, reduce oil secretion and repair damaged skin. At BeautifullyBright, we pride ourselves on bringing you products that you will love. We realize that purchasing online can have its challenges, we want to help take the risk out of the process. That's why we back up your purchase with our 30 day guarantee! If you don't have a great experience, reach out to us and we will work with you to make sure that you are 100% satisfied with your purchase. Gently peel off mask in a upward motion from outer edges and rinse off any residue with warm water. For best results, please steam your face to open your pores, along with using toner after you are done peeling off all your blackheads.
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OMG—Ariana Grande Just Hit the Grammys Red Carpet With Blonde Hair byElizabeth Denton Jan 26, 2020 at 6:53 pm EST Photo: Matt Baron/Shutterstock. Album Of The Year. Best Pop Vocal Album. Record Of The Year. Best Pop Solo Performance. Best Pop Duo/Group Performance. Ariana Grande's Grammy Award nominations are no joke. Neither is Grande's Grammys beauty look for 2020. The star consistently slays every red carpet she touches, after all. But we're just lucky she was there tonight at all. You might remember that last year she stayed home after she had a bit of a disagreement with Grammy producers over which songs would be featured at the show. This year, Grande is not only nominated but she's also performing. She joins Aerosmith, Billie Eilish, Lizzo, Blake Shelton and Gwen Stefani, plus host Alicia Keys. We don't know yet how she'll change up her beauty look for the stage but it's safe to say, the girl does nothing boring. Tonight, she's sporting her signature ponytail, except there's one major detail you can't possibly miss. Matt Baron/Shutterstock. Um, hello blondie! This isn't the first time the singer has steered away from her natural brunette strands, but we are absolutely in love with the ombre effect that keeps her dark roots intact. Combined with the precise placement of her cat eyeliner, rosy eyeshadow and glossy mauve lip—oh, and that epic, floor-sweeping gown—she's pulled off one of the night's most dramatic and showstopping moments. After all, the best hair makeovers are ones that involve a trip to the salon or box dye from the drugstore. Do blondes really have more fun? All signs point to yes.
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Investigators returned Thursday to Bedford, N.Y., to search for additional evidence in the killing of Danbury restaurateur Joe Vuli, whose dismembered body was found there last weekend. Detectives from Danbury and Bedford spent several hours during the morning combing the wooded area near Interstate 684 where volunteers participating in the town's annual Earth Day cleanup discovered the missing chef. He had been cut into pieces and stuffed into several plastic bags. Danbury police declined comment, but Bedford Police Chief Thomas Newman said officers from his department had assisted in searching the area for "anything at all" that could help solve the case. Newman said he didn't know if the searchers found any evidence relevant to the investigation. Vuli, whose legal name was Zef Vulevic, was reported missing by his brother on April 10, five days after he was last seen by business partner and nephew Marash Gojcaj. The two men owned and operated Gusto, an Italian restaurant on Main Street. Vuli, 41, one of four brothers who owned and operated upscale restaurants in New York and Connecticut, had been shot twice in the back of the head, and his body was cut into seven pieces. As of Thursday, no one had been charged with the crime. But Vuli's father-in-law, Pjeter Gejac, expressed confidence that police would eventually find the killer. "They've been doing a really good job,'' Gejac said, adding no one in his family had any idea who might be capable of such a grisly crime. The couple, who formerly lived in Norwalk, were the parents of two daughters, ages 13 and 8. Since Vuli's body was discovered on Saturday, much of the investigation had focused on the restaurant, which has been closed since last week. Police previously said that part of the carpet was replaced sometime after Vuli disappeared, and they seized a large meat cutter from the kitchen.
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Pillow cover made of cream african mudcloth. *Custom sizes available. Just contact me with desired size. Love and very fast shipping! Love all the pillows from this shop. It's on my short list for pillows for all my client projects!!
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As a crafty maker, you probably have 14 zillion product photos. (I do.) You also probably have a lot of other documents, lists, forms, invoices, contracts… plenty of things that can easily get out of hand. There are plenty of ways to organize your files … it's also pretty easy to just … like, not organize them at all. But that's not very time effective. Also, that's a mess and you'll kick yourself later for not organizing. The thing I'm going to focus on in this post is how to organize and manage product photos, I'll circle back on sorting other documents another day – but many of the same tactics can be applied to these other elements. Mainly, my products are one of a kind. This adds a whole new level to product photography because EVERY piece has to be photographed. It's not like there are 15 designs that get made over and over, it's every piece is a new deign. Every piece has 5-10 photos saved – -more than that before they are edited. This is a system I devised pretty early on and it still works well today. For every item I photograph, I pull one image out, name it "000.jpg", then I create a folder, "000". I put the rest of the photos for that item in the folder. Now I have 000.jpg, and folder (filled) "000" – I take both of those and put them into a main folder "inventory". After a period of time, maybe a year, I go in and separate the inventory folder into product type, and close it up for the year. Then I start over. The secret/ key thing here is that I have a marker image for each product and it's corresponding folder. So at a glance, I can see each piece, and easily find the rest of the images for that product. Early on, I went one step further – color marking the pieces that had sold, or been sent on consignment. As time went on, that got to be too much to handle, but it was helpful at the time. Does this spark anything for you? Any thoughts on how you can use this or similar method in your own work? If I was SUPER patient, I could name each piece and folder with words rather than numbers so I could easily search for stylistic words, but this works best for me because I can clearly see the one image as I browse through, and because it naturally gets added to over time, things are generally chronological which is helpful. It's super important for me to be able to access my favorite images from any of my devices or locations. I can't even tell you how many times I've needed to send someone an image last minute. Over the past five years, I've lived in multiple places and always ended up traveling a lot to visit my parents. I have my desktop, where I primarily store everything, and my laptop, which of course, I travel with. Also, I have my phone, always! But my laptop doesn't need to be slogged down with all these files, so I save them online in Trello or Dropbox. I have to be honest, I prefer Trello because I can see the image in the app without opening the file, but Dropbox is great for saving documents and automating back up. (Maybe not a huge issue if you name ALL your files, but I kinda don't HA!) I save future instagram images, headshots, and images I use over and over in Trello for easy access that is well organized. Beyond being able to access things is great, of course, and it is a little layer of security for those select things that are saved off the computer. It's ULTRA IMPORTANT to have things backed up. I have five years of business date, photos, files, etc on my computer. We all know that backing up any and all files is necessary. You never want to be left without any files or documents in the case of a hard drive melt down or some other ill that might befall your device. Scary. So, I suggest Carbonite. I've had it for 3 years and I've never had any issues with it. As long as your computer is on, it's working. Sometimes when I go away for a week or more and my computer is off, I get a message that says it hasn't been backed up recently, but as soon as I get home and turn the computer back on, everything resumes. Bonus, you can access your files from the internet, so again, super helpful! I take the majority of my photos with my phone, so I am always running out of space. I have them backed up on Shutterfly, a hard drive, and Google photos. Believe it or not, I still have a little anxiety about deleting them from my phone!!! To be honest, my phone is the only place they are actually organized (I mean I have 128 GB SD card, so there is no reason to have the need to delete, right!?)! I'll get there one day, I suppose! Thank you for the great ideas and wonderful information!!
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National Transport Insurance (NTI) has announced it will partner with global company Seeing Machines – a company developing Driver Monitoring Systems (DMS) for the Automotive, Commercial Fleet, Aviation, Rail and Off-Road markets. NTI says the partnership is a commitment to the long-term sustainability of Australia's transport and logistics industry and the projection of 'zero heavy vehicle involved fatality rate' by year 2032, as supported in NTI's recent 2019 Major Accident Investigation Report. Mr Chris Hogarty, Chief Customer Officer, says the partnership between NTI and Seeing Machines is built on a genuine synergy between values. "Together we are 'walking the talk', and moving beyond assessing that fleets and transport businesses have safety policies and procedures in place. We're venturing into new territory," he says. The partnership will also explore how Heavy Motor Fleet insurance responds to the incorporation of Seeing Machine's Guardian technology to reduce heavy vehicle road incidences and improve safety for all road users. "Seeing Machine's technology delivers real-time identification and understanding of driver behaviour through Artificial Intelligence (AI) analysis of heads, faces and eyes. It has the potential to shift what we accept as the safety benchmark in transport and logistics," says Mr Hogarty. With offices across the USA, Europe and Asia, Seeing Machine's General Manager – Fleet, Mr Paul McGlone says the adoption of Guardian safety technology is tried and tested in over 14,000 commercial vehicles worldwide. He claims NTI's offering is a sign of things to come for Australian road safety.
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'We feel more secure': As Respect for Marriage Act passes, same-sex couples share tentative enthusiasm Home / 'We feel more secure': As Respect for Marriage Act passes, same-sex couples share tentative enthusiasm In: Discrimination, In the News, Legal & Financial Almost 40 years ago, Howard and Brad Grossman bought wedding bands to signify their commitment to each other after years of dating. But with same-sex marriage illegal at the time, the gay couple could only mark their partnership through those rings, not with legal documents. "Our affection for each other was against the law," Howard Grossman told USA TODAY. Decades later, with the House passing the Respect for Marriage Act Thursday by a vote of 258-169 – enshrining federal rights for same-sex marriage – the couple is appreciative that young same-sex couples won't face the same anxiety they have've had about losing their marriage rights. "To see how far we've come as a society, it makes my heart smile," Howard Grossman, 67 said. The Respect for Marriage Act guarantees federal recognition of any marriage between two individuals if the union was valid in the state where it was performed. It also requires states to accept the legitimacy of a valid marriage performed elsewhere and protects interracial marriages. The bill now heads to President Joe Biden, who is expected to sign the legislation into law. The historic legislation comes more than seven years after the Supreme Court ruled in 2015 that gay marriage is a fundamental right of all Americans. Democrats pushed for the legislation after the Supreme Court overturned the right to abortion in June and Justice Clarence Thomas expressed interest in reconsidering same-sex and interracial marriage rights in his opinion in that case. "Since the monstrous Dobbs decision, lightning forces have set their sights on more of America's personal freedoms, including the right to marry the person you love," House Majority Leader Nancy Pelosi said at a press conference Thursday. "Today we stand against an urgent threat and we succeeded for the values that our nation holds dear." There were about 710,000 married same-sex couple households in the United States in 2021, and about 500,000 unmarried same-sex couple households, according to data from the Census Bureau's annual American Community Survey. The new policy would afford same-sex couples as many as 1,100 rights and benefits attached to marriage under federal law, including custody determinations and social security benefits, said Cathryn Oakley, senior director of state legislative director and senior counsel at the Human Rights Campaign, at a press conference. Some LGBTQ advocates, however, have said the legislation does not go far enough to fully enshrine marriage equality. Under the measure, states would not be required to license same-sex marriages should nationwide marriage equality be overturned by the Supreme Court – an important distinction considering 35 states have statutes or constitutional amendments limiting the ability of same-sex couples to marry, according to the Movement Advancement Project, an independent think tank. The proposed law also does not require individuals or groups to provide services for a wedding ceremony or celebration if it's against their religious beliefs and does not recognize polyamorous unions. But for same-sex couples, some of whom have been together long before their marriage was recognized and others who just recently wed, the legislation is a bright spot at a time of rising anti-LGBTQ rhetoric and legislation. More than 200 anti-LGBTQ bills have been introduced in state legislatures in 2022, including measures targeted at regulating school curricula, limiting transgender student participation in sports and banning gender-affirming care, according to data compiled by the American Civil Liberties Union. "We are in an increasingly polarized society, and there are places where it can feel not safe to be LGBTQ right now in this country," said Paul Barnes-Hoggett, 48, who married his husband Stephen Lim last September. "Seeing something like this happen gives us a little ray of hope." Gay married couples worried about their civil rights Prior to the nationwide legalization of same-sex marriage in 2015 in the Obergefell v. Hodges ruling, many same-sex couples like Sally Masters, 64, and Christine Zingler, 70, had to travel to progressive states including Massachusetts – the first U.S. state to legalize same-sex marriage in 2004 – for their wedding. "Some people choose to have a destination wedding. We were forced into one," Masters told USA TODAY. Since getting married, Masters and Zingler – who recently retired to Florida from Wisconsin – invested in a flash drive containing the legal documents on their marriage, including estate planning documents and power of attorney papers, that they take with them when they travel to ensure they can prove their partnership should one of them end up in the hospital. The couple said the ruling has somewhat relieved the anxiety they experience with each election cycle, according to Masters. "I have often said to people who are opposite-sex couples that we wish that they knew what it felt like with every pending election – how it feels to be worried about whether their marriage would be legal or invalidated or on the line," she said. Pat and Paulette Martin, both 71, a married couple who reside in Harlem, New York, said the legislation will bring about peace of mind for many LGBTQ couples. "It brings about improvement of the quality of our lives by having that trust mentally and more importantly, emotionally," Paulette Martin said. "That as we're living our lives each and every day, that we have the same safeguards as others." 'We need to always be on our guard' The Grossmans were ecstatic over the passage of the Respect for Marriage Act but still feel weary for the future of their rights and those of others in the LGBTQ community, they said. "I'm not going to say, 'Oh, everything is peachy-keen now and we don't have to worry anymore,'" Howard Grossman said. "We don't have to stress out as much, but we need to always be on our guard because things could change. … I'm so happy for the passage of this legislation. But I'm always going keep my eyes open." National support for same-sex marriage has grown since the Supreme Court's Obergefell v. Hodges decision in 2015. About 71% of Americans support legal same-sex marriage as of 2022, according to a Gallup poll – the highest approval rate for the legalization of such unions in U.S. history. Only 60% of Americans supported legal same-sex marriage in 2015, according to Gallup. Joan Irwin, who has been married to her partner Ellen Irwin for almost two decades, said the proposed law could do more by requiring all states to recognize same-sex marriage should the Supreme Court overrule its previous ruling, but any progress in protecting LGBTQ rights is better than none. "I'm glad at this point that Congress is actually stepping up and doing something real about it," Irwin said. "It's not perfect, but nothing ever is." This letter was originally published in USATODAY on December 8th, 2022. An L.G.B.T.Q. Model for Elder CareIn the News, LGBT Aging, Social Isolation 37th Annual Toys Party Brings Holiday Spirit, Community & Allies Together for LGBTQ+ EldersPress Releases
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pink brick wall pink brick wall background rose brick wall pattern white brick wall texture pink pink brick wall background. current kitchen trends ever whats new in kitchen design current trends in kitchen design current kitchen colors best current kitchen cabinet trends 2017. bed bug size premium all size terry waterproof mattress protector cover for bed wetting and bed bug suit bed bug size penny. computer desk with printer storage computer desk with printer storage computer and printer desk computer desk with printer shelf desk with black computer desk with printer storage. under pedestal sink storage cabinet pedestal sink with storage pedestal sink with storage under sink pedestal storage bathroom cabinet storage under pedestal sink storage cabinet lowes. which of the following is a traditional type of scandinavian architecture more with less housing houses a which of the following is a traditional type of scandinavian architecture brainly. moonlit room room with the window open and the breeze on a moonlit night moonlit room meaning. you cant turn that into a house after the brothers find a bumper car for this carnival trailer conversion turn house lights on remotely. laptop table adjustable portable laptop table stand lap sofa bed tray computer notebook desk bed table with mouse table diy laptop table for recliner. target mattress topper foam mattress topper target memory foam mattress topper best target target mattress topper review.
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Catching up with One of the World's Greatest Singers, Iestyn Davies March 20, 2018 – 5:09 PM – 0 Comments By Jeryl Brunner Parade @jerylbrunner More by Jeryl Trisha Yearwood Says Life Is a 'Sliding Scale. Everything Is Not Always in Perfect Balance' Marjory Stoneman Douglas High School Students Make Big Impact on New Oklahoma Production Lin-Manuel Miranda Makes a Surprise Appearance at Epic Concert Celebrating Stephen Sondheim (From left) Iestyn Davies, Mark Rylance, Huss Garbiya and Melody Grove in a scene from Farinelli and the King (Joan Marcus) During the riveting play Farinelli and the King, Isabella Farnese, the Queen of Spain experiences a most miraculous event at the opera. As she describes it, she hears "A swooping, soaring sound and the notes were above the tree-tops, bird-like, unimaginable….I couldn't help my tears. I was unable to move…" The angelic, alluring sound came from one of opera's greatest singers the castrato Farinelli (aka Carlo Maria Michelangelo). In the play, based on true events from the 1700s, Isabella's husband, Philippe V, the King of Spain (Mark Rylance) is in the midst of a breakdown. He is often unable to get out of bed, suffering from what we call bipolar disorder. But then Queen Isabella (Melody Grove) brings Farinelli to the ailing king to sing for him. "It's a story about how music can change who you are and help to heal you," says the show's playwright Claire van Kampen. Farinelli's transporting baroque songs are sung by Grammy-winning countertenor Iestyn Davies. (Actor Sam Crane plays Farinelli when he is not singing.) Considered one of the world's finest opera voices, Davies began honing his craft at a young age singing in The Choir of St John's College. His father was a cellist in the famous Fitzwilliam String Quartet, so he was surrounded by music. When asked if it was possible to describe how singing makes him feel Davies replied, "To express emotion through something other than pure speech or physical demonstration, and in doing so be able to move other people, is difficult to explain in words." And then he added. "Perhaps that is the best explanation: Where words fail, music takes over." When did you know you had a special gift as a countertenor? I don't think I have a special gift as a countertenor. i just found that singing countertenor reignited the musician inside me that had been there as a boy until my voice broke around the age of 14. When your voice breaks, you lower in pitch and settle on tenor or bass. I became a bass. But that meant my falsetto range was just around the right range to be an alto in the choir I was singing in. I chanced upon the range when I was bored in a rehearsal. It felt comfortable and had a buzz about it that connected with whatever one calls that 'special place' inside a human that gets moved when you engage with music. That's all it was! Of course I then had to spend the next 5 or 6 years learning to use it properly. So it's less of a gift of a voice and more of a happy alignment within me. Over the course of my life that means I can express myself. And hopefully it seems to continue to move other people. What was one of the first times that you appeared on stage? Like most of us, the primary school nativity play demanded that I give my best inn keeper impersonation sometime back in 1983. It's all been downhill since then. I was terribly shy as an infant, clinging to my mother's leg as she tried to enjoy a sociable game of badminton to the point where she had to give up going. That sort of thing. When I was seven, I won a scholarship to be a chorister in the choir of St John's College in Cambridge which demanded from day one complete commitment and professionalism. So I was thrown in at the deep end and you sink or swim. From then on the act of performing at that level and being responsible for the success of those performances drew me out of my shyness. It became my "safe place." So entertaining someone–making them laugh, moving them in some way–was the key to engaging with other people. I still harbor some of that shyness, though nobody who knows me would believe that. Who are some of your great music influences? I have quite an eclectic taste in music. Aside from the music I love performing, which sits neatly on the most part in the period we call the 'baroque' (Handel, Bach etc.), I grew up in the '90s listening to Britpop. Cage, my band at the time, was influenced by groups such as Blur, the Stone Rose, Oasis, The Smiths and so on. I have a sweet spot for all things Led Zeppelin. Around the age of nine or 10, we used to dance to "Thriller" in the school common room at break time. There's definitely something about Michael Jackson that installed in boys of that time a desire to perform and be the center of attention. Once you've seen him dancing to "Billie Jean" at the Motown 25 celebration you've caught the bug. As a serious, adult musician searching for inspiration, I was first really taken with the recordings of countertenor Andreas Scholl, and also the American David Daniels. I am fortunate to count them both as friends nowadays. But when I first started out they were the absolute goals. There has been nobody like them since. What qualities do you love in Mark Rylance? Mark is an inspiration in so many ways. Of course his stage presence is something very special and unique. He has a musical lyricism to his delivery, too, which I appreciate. I have spent many hours of the past months listening to how he delivers this line or that line, and how it varies over the course of a run. This has illustrated to me the way in which a performer really can have a connection with an audience on any given night that is unique to that moment in time. It also illustrates how subjective that connection is and how we as performers shouldn't worry too much about critical review. I have witnessed with my own eyes and ears how one line can be taken in a hundred different ways by different audiences. And each way is valid and honest. A critic's view is valid but just one of so many other views. Sam Crane, Melody Grove, Lucas Hall, Huss Garbiya, Edward Peel and Mark Rylance in Farinelli and the King. (Joan Marcus) Sam Crane, Melody Grove, Lucas Hall, Huss Garbiya, Edward Peel and Mark Rylance in Farinelli and the King. (From left) Iestyn Davies and Sam Crane (Joan Marcus) Farinelli And The King is playing at the Belasco Theatre.
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Hi Dailos, we had a very good holiday thank you. It was very nice to meet your father, and in fact his cousin in Bar Palma...we met many lovely and friendly people. We took lots of photos of the superb scenery and enjoyed travelling around the mountains. They are stunning. and thanks for the picture. We hope to see you back some time in the future. Join in and write your own page! It's easy to do. How? Simply click here to return to Reviews of 'Casas Camino Tamadaba' – alternative to Gran Canaria apartments in tourist resorts!.
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Fasting isn't a diet plan. It's not about what you're giving up. It's about what you are choosing to make more room for in the season of fasting. Spiritually, fasting can be a tool for deepening spiritual hunger by reminders from physical hunger. We all have a body, soul/mind, and spirit. Fasting is a way of abstaining in one area of life to feast in another. A fast from food, depriving the body, can deepen our focus in soul and spirit. A fast from social media can deprive our minds from overstimulation and allow our spirits to awaken and our bodies to be more active. During a total fast you forego eating or drinking anything for an extended period of time. An example in scripture is the 40 days Jesus spent in the wilderness following His baptism (Matthew 4:1-11). This type of fast certainly tests your body, mind, and spirit. And for shorter periods of time this type of fasting may help with strengthening the immune system. One study found that a 3 day total fast totally reset the immune system and encouraged DNA repair and cell regeneration. This is the most extreme type of fast and is not recommended for those with medical conditions, eating disorders, or pregnant women. Even if you are healthy this type of fast should be done carefully and under the supervision of a doctor. A liquid fast is similar to a total fast, but allows for water and other liquids to be consumed during the fast. This can be a good alternative to a total fast as you are still able to receive the nutrients you need in liquid form, yet also experience the benefits of a temporarily diminished relationship with food and meals. Protein shakes and smoothies are a good way to make sure you are still getting balanced nutrients during a liquid fast. Even though it may seem like this isn't much of a fast, the shift in focus from a full meal and the preparation that requires to simple drinks that require less cooking time can create room for spiritual reflection and mindfulness. Daniel fasting comes from Daniel 1:12 when Daniel and his friends requested to be served only water and vegetables instead of the rich foods the king served at his table. This fast is one of the easiest to do especially if you need to continue eating something at meals with family so children aren't confused and relationships aren't hindered. During a partial fast you abstain from one or more types of food for an extended period of time. This is the most common type of fast you hear people talk about doing during lent i.e. giving up chocolate, soda, etc. While the withdrawal cravings can be intense, a partial fast from sugar, caffeine, or alcohol can have immense physical health benefits as well as mirroring the need for spiritual cravings. This type of fasting is very popular in health and wellness circles right now. In an intermittent fast you restrict the hours that you are eating so that your consumption is limited in time but not necessarily quantity. The idea is that by engaging your digestive system for limited time periods you actually allow it to function better than by eating throughout the day. Some research has found that intermittent fasting provides many of the same benefits of a more extended fast, and that intermittent fasting has many of the same benefits as a ketogenic diet or can be beneficial in conjunction with ketogenic. A media fast does not involve food, but instead involves abstaining from social media, tv, or other sources of entertainment. During a media fast you may totally avoid social media or limit it to specific hours of the day. Maybe you'll delete a specific app you know you tend to open too often, or delete an account entirely. It can be shocking sometimes how many hours we end up spending a day scrolling through page after page of social media posts. The iPhone now has a setting that will tell you how many hours a day you were on your phone that week. It also has settings that allow you to limit screen time on a particular app or during certain parts of the day. Depending on the type of fast, benefits for body health can include: decreased inflammation, better insulin absorption, skin clearing, regulation of hormones, and a healthier relationship with food. Some other benefits mentioned above, can be a strengthened immune system, cell regeneration, and DNA repair. Fasting should never be used primarily as a weight loss method. Before beginning any type of fast you should check with your doctor if you are pregnant, nursing, have a medical condition, or a history of disordered eating. Mental benefits of fasting can include: increased mental clarity, better sleep, decreased anxiety, elevated mood, and more stable emotions. The time that's cleared by fasting can allow for more focus on mindfulness and a slower pace of life. Rather than just fasting, be intentional about what you will fill that meal time with instead. Often fasting allows your body to reset and better regulate hormones resulting in overall increases in health for body and mind. Jesus even tells the disciples that certain types of spiritual breakthrough can only come by prayer and fasting. The spiritual benefits of fasting are a deeper hunger for God, a closer connection to the Holy Spirit, and an enriched prayer life as we take the time we normally would for meals to pray instead. What ever kind of fast you chose to try for Lent (or no fast at all!) Take this liturgical season to prepare your heart for Easter and set your gaze on Jesus. The free ebook below has a Bible reading guide that will help you feast on His supernatural presence as you fast in the natural.
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posted Friday, February 15, 2013 - Volume 41 Issue 7 The boy wonder returns - Acclaimed dancer Bennyroyce Royon is back where it all started by Aleksa Manila - Special to the SGN In 2001, while sitting in my office as the community facilitator for the Young Asian Men's Study (YAMS) in the International District of Seattle, I met a 17-year-old who pranced around the hallway on his toes and dreamed that someday he would be a ballet dancer. His name is Bennyroyce Royon. Benny, as he fondly preferred, actively participated in peer discussions I facilitated on self-esteem for Asian/Pacific Islander Queer youth. We also talked about relationships, family, and community. He was as assertive and adventurous as most young people his age, and did not shy away from speaking his mind about what he felt and what he strongly believed in. He was clearly a strong force to many of his peers and mentors. Benny began his professional dance training at Evergreen City Ballet Academy in Auburn, Washington, and in 2006 earned his B.F.A. in dance at the esteemed Juilliard School in New York City, where he now resides. From prancing around my office 12 years ago, Benny has grown to be a successful and sought-after dancer, choreographer, and teacher. He founded Bennyroyce Dance Productions (BDP) to facilitate his artistic and creative endeavors, support his desire to collaborate with other contemporary artists, and sustain his desire to serve the public through live dance performances. He has since received choreographic commissions from Bad Boys of Dance, Atlanta Ballet, Evolve Dance, Columbia Ballet Collaborative, Joffrey Academy of Dance (the official school of Joffrey Ballet), and the Chop Shop: Bodies of Work dance festival in Bellevue, where he will appear this weekend. His work has been described by Creative Loafing Atlanta as 'unexpected and heart-stoppingly dramatic' and Arts Critic Atlanta as 'refreshingly original.' His artistic statement asserts: There is a collective energy that resides within us all. It is energy that divides and multiplies, cycles and recycles. Energy that ebbs and flows through the motion of time. I am compelled to capture this motion by fusing different styles of movement language as a medium to discover both abstract and narrative stories that reveal the mystery, beauty, and driving force of the human condition. I use my art form as a lens to examine current social and cultural ideas. I desire that my work educates, challenges, engages, and inspires audiences. The expression of movement is an expression of the energy that belongs to all of us and unites us. I invite you to join me in an ongoing dialogue about our experience of life in motion. This month, Benny returns to the Northwest with a string of shows, premiere productions, and master classes. He is eager to share his gift. I caught up with Benny just prior to his coast-to-coast voyage from New York to Seattle. It felt surreal to hear his voice - the dancing teenager now an accomplished dancer. Aleksa Manila: What does it mean for you to return to your home state as an accomplished artist? Bennyroyce Royon:My return for these engagements means a great deal to me. I will get to share with people who have supported me from the beginning what I have achieved through being away for such a long time. MANILA:What inspired you to be involved with these performances? ROYON:Besides my personal quest to return home and show my family and friends how I have matured as a person and as an artist, I am inspired by the significant potential to reach out to a range of new audiences. Being a professional dance artist for almost 11 years, I have learned to grasp the invaluable meaning of human connection. Subject matter aside, as an artist my main motivation is to reach out to anyone who is sitting in the audience and tug at their hearts, minds, and souls. I've always had the desire to give the public an unforgettable experience that sparks curiosity, encourages imagination, and stimulates all their senses. I feel really fortunate to have two opportunities to share my work and connect with people from my home state. Geographically speaking, these are two very different environments. One is in the charming mountain community of Morton and the other is centrally located in the vibrant city of Bellevue. But both share the central mission of enriching people's lives through the arts. And really, in return, these performances will further cultivate who I am as an artist. MANILA:How will your current shows compare to your illustrious list of shows around the world? ROYON:That's a really good question! Well, so far I've traveled and performed all over Europe, Canada, and the U.S. I really want to perform in South America or Asia someday. Anyway, back to the question: Most of the performances I have been part of have been in major theaters and venues. I can honestly say that even though I enjoy performing for the general public of the shows I have been part of in the past, nothing beats the gratifying feeling of performing for my family and friends. Most of my immediate and extended families live on the West Coast. It's rare that my parents, siblings, nephews, and great-grandmother (who is 96, by the way) get to see me dance. So this time around, I'm bringing home to them the show. It actually makes me more nervous now that I think of it. I guess it's because I really want to do well and make them proud. MANILA:Who is your ideal audience? ROYON:Is this a trick question? [laughs] People with open hearts and minds. MANILA:What will the audience take away from these shows? ROYON:I just really hope to make a genuine connection with the audience. That to me is the reward of what I do. I hope to pull at their heartstrings and engage in dialogue through their experience of live dance performance. If they leave with a tear, a smile, a question, or even a remark of some sort, then I feel I have done my job. Now for the avid dance viewers, I hope to offer them a refreshing experience of contemporary dance. MANILA:What makes these shows uniquely BDP? ROYON:I'm still developing my artistic voice, so I don't quite now how to answer this. But I can tell you that I am often told that I have a very distinctive way of moving and putting together movement when I choreograph. MANILA:Why do you dance? ROYON:Because I've got this itch I can't seem to shake off. I'm always moving. I can never stand still! This question actually reminds of when my grandpa Warren was still alive, during the time when I started my intensive dance training with Evergreen City Ballet in Auburn. Every time my parents would take my siblings and I to visit our grandparents, he would jokingly ask, 'You still dancin' in your undies?' I would just blush and say nothing out of embarrassment. He was just being playful. My family saw that dancing soon became a passion of mine. I really didn't know how to articulate this passion until I went to the Juilliard School. As I matured, I learned that I dance because I have so much in me that I have to express. I remember when I was a young boy, I had a hard time expressing myself. I was always very sensitive and I remember having a lot of emotions that I didn't know how to deal with for whatever reason. Now, I burst out in a turn, a jump, a roll on the floor, or a gesture. It's quite fun! MANILA:What has your experience been as an out Gay man in the ballet world? ROYON:Well, first of all, I wouldn't consider myself as belonging in the ballet world. I more belong to the modern and contemporary dance sphere. In any case, my experience as an out Gay man was more difficult in my high school years than in my current adult life. We fortunately live in a more tolerant society compared to the time when the legendary male ballet dancer Rudolph Nureyev lived. Back in high school, I immersed myself in schoolwork, being part of show choir, and going to dance classes after school. So the homophobic comments and interactions with the 'jocks' in my school were maintainable. I do remember dancing for the whole school during my senior year and being laughed at by some of the students out in the audience. The emcee announced my acceptance to the Juilliard School. Then, I came out to the stage wearing tights and danced a balletic solo. They were silver tights, to be precise! Murmurs and a bit of laughter ensued but I kept dancing - all the way to New York City and around the world. MANILA:How have you personally inspired others who aspire to be accomplished artists? ROYON:I truly feel like other people inspire me more than I inspire them. And if I were asked to give encouragement to others who aspire to be accomplished artists, I would say that the struggle is part of the success. I wouldn't be where I am today if I didn't work hard and bore through the obstacles in my way. That said, all I can do to inspire others is to lead by example and keep winning in life without being defeated. MANILA:Lastly, who is your hero? ROYON:Is it cheesy to say that my mama is my main hero? The rest are my family and friends who have supported me throughout the years to live out my dreams. One of those friends is actually interviewing me right now and I get my 'divaness' from her! [laughs] WHERE TO SEE HIM Enjoy the artistry of Bennyroyce Productions at the sixth annual Chop Shop: Bodies of Work contemporary dance festival, February 16 and 17, at the Theatre at Meydenbauer Center in Bellevue (11100 N.E. 6th St.). For more information, visit www.chopshopdance.org. Tickets are available at www.brownpapertickets.com/event/283730. For a complete list of Royon's performances and classes, visit www.bennyroyce.com. Catching up with Sandra Bernhard Seattle Women's Chorus marks 10 years An exhibit of hope - Calligraphic works celebrate the lives and struggles of LGBT teens Suzanne Vega delights with old and new favorites 'It Gets Better' goes live - Groundbreaking video project is now a touring musical theater piece Forbidden love - Book-It's Anna Karenina gives us a taste of the novel, but not its heart Photograph 51 is worth more than 1,000 words 'Love inspires me' - Shara Strand gives it all she's got on her latest tour Bewitching Creatures a magical romantic adventure Say 'Yippee-Ki-Nay' to latest Die Hard Ann and Nancy Wilson to perform at Benaroya SSO presents three 'warhorses' - and a world premiere War Horse redefines both theater and puppetry Love yourself! - My 20-year adventure as a Seattle drag queen (pt. 2) See who links to the SGN links to the SGN You might find them interesting too! post your own information on the Seattle Gay Blog SGN on cell phone or dial up 1605 12 Ave., Ste. 31 copyright Seattle Gay News - DigitalTeamWorks 2012
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Cancer cases in the country have witnessed an increase as per Indian Council of Medical Research (ICMR), government told the Lok Sabha. The cases have increased to 14,51,417 in 2016 from 12,70,781 in 2013, Minister of State for Health and Family Welfare, Faggan Singh Kulaste said citing ICMR's National Cancer Registry data. He said treatment of cancer is either free or subsidised in the government healthcare delivery system. The government under "Strengthening of Tertiary care of Cancer" scheme is assisting to establish/strengthen 20 State cancer Institutes and 50 Tertiary Care Cancer Centres in different parts of the country," he said while replying during the Question Hour. Biju Janta Dal MP Balabhadra Majhi raised the issue of increasing cancer patients in his home state Odisha and wanted cancer treatment institute to be set up there. To this, Kulaste said if the state sends a proposal, the centre will consider that.
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Robbie Williams' New Album is Now What I Call Music Robbie Williams' new album The new album features The album's release date How to get the album What the album is about The album's artwork The album's first single The album's tracklist The album's producer The album's reception Robbie Williams' new album is out and it's called The Heavy Entertainment Show. It's a great mix of old and new songs, and I think it's his best album yet! Robbie Williams has released his new album and it is available for purchase now. The album is titled "Now What I Call Music" and features 12 tracks. Robbie Williams' new album is now available and it features some incredible tracks. From the upbeat and fun "Party Like a Russian" to the more reflective and personal "Love My Life", there's something for everyone on this record. Fans of Robbie's previous work will also be pleased to hear that he's included some of his classic hits, like "Let Me Entertain You" and "Angels". Robbie Williams' new album, "The Heavy Entertainment Show" is now available for purchase. The album's release date was November 4, 2016. Robbie Williams' new album is available now! Here's how to get it: 1. Visit RobbieWilliams.com and sign up for his mailing list. 2. Check your email for a special link to purchase the album. 3. Follow the link and enter your payment information. 4. Once your purchase is complete, you'll be able to download the album in MP3 format. If you have any trouble, feel free to contact customer service at [email protected] Robbie Williams' new album is all about love. The first single, "Love My Life," is a heartfelt ballad about being grateful for what you have. The second single, "Party Like a Russian," is a fun and festive tune about celebrating with friends. The rest of the album is filled with songs about love and relationships, including "Better Man," "Hot Fuss," and "Sexed Up." Robbie Williams' new album is titled "The Heavy Entertainment Show" and will be released on 4th November. The artwork was designed by Mr. Brainwash and Lady Gaga revealed it on her Instagram account. The artwork shows a close-up of Robbie Williams' face with the word "ROBBIE" in a comic book-style font. The album's title, "The Heavy Entertainment Show", is written across the top in a similar font. The artwork was met with mixed reactions from fans, with some saying that it was "amazing" and others finding it "ugly". The album's first single, "Let Me Entertain You", was released on 4 May 1998. The song became a number-one hit in the UK, spending 14 weeks in the top spot of the charts. 1. "Be a Boy" 2. "Candy" 3. "Different" 4. "Goin' Crazy" (featuring Williams' daughter Teddy) 5. "Happy" 6. "I Wanna Be Like Me" 7. "Let Yourself Go" (with Williams' ex-Take That bandmate Gary Barlow) 8. "Not Like the Others" (featuring Olly Murs) 9. " revoke the Privacy Policy of this site, you should not use the site.">Privacy Policy 10. "Right Place Right Time" Robbie Williams' new album is now available and it is produced by none other than Mike Posner. The album is a mix of Posner's pop and R&B sensibilities with Williams' own brand of pop, creating a sound that is truly unique. The album's reception was highly positive, with many reviewers citing it as a return to form for Williams.
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Serious Cartel Activity and the Challenges of Successful Prosecutions: Trends in Criminal Cartel Cases The ACCC has shown that it will vigorously pursue criminal cartel cases – with a focus on deterring, detecting and dismantling cartels that can harm Australian consumers. Lawsuits have been filed against companies and senior executives in a number of cartels in recent years, but significant challenges persist for regulators to complete these cases. Since criminal liability was introduced for cartels in 2009, Australia has adopted a two-track mode of enforcement in which cartel cases can be pursued on the basis of a criminal or civil sanction. Here we take a look at recent trends and the Australian experience in cracking down on criminal cartels. Criminal or civil application of cartels While most cases continue to be prosecuted by the Australian Competition and Consumer Commission (ACCC) on the civil route, the ACCC will refer "serious" cases for possible criminal prosecution to the Commonwealth Director of Public Prosecutions (PPDC). ACCC policy states that settlement cases will be considered "serious" if three tests are met: the alleged behavior has caused or could cause economic harm "on a large scale or serious", there is sufficient evidence to support the criminal standard of proof, and criminal prosecution would be in the public interest. To date, criminal cartel prosecutions have had mixed results. The CDPP faces a higher standard of proof, longer deadlines and much more risk of pre-trial challenges as to how the case was put together. Evidence obtained through the ACCC's long-standing immunity process is also likely to face many more challenges in a criminal prosecution. Since 2013 (NYK, the first criminal cartel proceeding): the CDPP initiated 8 criminal prosecutions for cartels (on referral to the ACCC); and ACCC itself has initiated 18 civil cartel cases. Of the eight cartel prosecutions to date, the CDPP has been successful in four cases where a guilty plea has been entered. The most recent guilty pleas were filed in Alkaloids Australia Pty Ltd's lawsuit for price fixing, bid rigging and market sharing arrangements with foreign competitors. There have been two defended cases, one resulting in an acquittal (Country Care) and the other against a construction union in which the lawsuits were withdrawn (CDPP v The Country Care Group Pty Ltd (No 2) [2019], in which the parties were acquitted, and CDPP v CFMEU, in which the proceedings were withdrawn). The two remaining lawsuits remain before the courts: CDPP v Citigroup Global Markets Australia Pty Ltd (No 5 – Indictment) [2021] (the Banks Cartel proceedings) is listed for trial in June 2022; since the initial indictment, the charges against two parties have been dropped, the remaining charges have been reduced and the indictments are the subject of multiple challenges; and the CDPP proceedings against Vina Money Transfer Pty Ltd. The outcome of this case is pending: while 2 of the 5 individuals pleaded guilty in November 2021, the remaining 3 individuals defend the case. This limited experience indicates the significant challenges for criminal prosecutions for cartel conduct without a guilty plea. In defended cases, the likelihood of a successful prosecution is uncertain. Challenges in prosecuting criminal cartel cases Judge Wigney's observations in Bank cartel proceedings make it clear that successful prosecution of criminal cartel proceedings is a difficult exercise. Judge Wigney described CDPP's form of indictment of CitiGroup and Deutsche Bank (and their executives) as a "complete scam", with serious flaws due in part to the complexity of the cartel provisions in competition law and consumption of 2010 (Cth). In that case, the original indictment contained 42 counts and was found to be flawed. In August 2021, the CDPP filed a new indictment with 26 counts and other details. However, Judge Wigney ruled that the case still had not clarified or "clarified" the essential factual elements of the alleged offenses. Recognizing the technical complexities of the case, Justice Wigney likened the provisions of the Cartel Offenses Act to "cryptic crosswords", unsuitable for criminal prosecution. However, the combination of technical complexity and public interest considerations allowed Judge Wigney to give the CDPP a new opportunity to reformulate the charges. These comments / critiques indicate a better appreciation of the challenges involved and are likely to refine the approach of regulators and prosecutors to these challenges in the future. Consequences of Conducting a Criminal Cartel Criminal cartel charges brought by the CDPP can apply to businesses and individuals. For individuals, the maximum criminal penalty is 10 years imprisonment and / or a fine of A $ 420,000 for each offense. Individuals may also be subject to orders excluding them from running a business and community service orders. The CCA prohibits individuals and businesses from entering into or giving effect to any contract, arrangement or arrangement with competitors which has the object, effect or probable effect of fixing, controlling or maintaining the prices of goods or services; or have for goal: prevent, restrict or limit the production, supply or capacity of any party; allocate customers, suppliers or territories between the parties; Where Bid-rigging (agreeing who will bid in a tender, win a tender and / or at what price). The Criminal Code Act 1995 (Cth) requires additional requirements to be met in order to prosecute a conspiratorial criminal offense, including the need to establish certain elements of fault, to prove the offense beyond all reasonable doubt; and, depending on the circumstances, obtain a unanimous jury verdict. For companies, the maximum fine for each criminal cartel offense is the higher of the following values: 10 million Australian dollars; three times the total benefit attributable to the offense; Where if the benefits cannot be determined, 10% of the annual turnover of the group of companies relating to the provision of goods and services in Australia during the preceding 12 months. The ACCC has also recently issued warnings regarding the focus on cartels in public sector procurement.. The current (and future) landscape of cartel enforcement in Australia The difficulties faced by regulators and prosecutors in prosecuting cartels have been widely publicized. The main takeaways from the Australian experience to date are: we can expect to see ACCC and CDPP adapt and modify their processes as they learn from their experiences with the Bank and other cases; ACCC's fact-gathering exercises, including the processing of immunity requests, should be more rigorous and more taxing for any immunity claimant; long delays in dealing with cases before trial, is a feature that is likely to add to the complexity of the prosecution's task, as witness memories can fade over the years before a case reaches a lawsuit (a reported factor in the abandoned construction union case); similarly, these delays can be punitive and create significant uncertainty, financial burdens of defense and concerns for the defense of individuals; and therefore, the importance of the ACCC's decision to refer a case for criminal or civil action is likely to continue to be a critical decision point, with potentially enormous consequences for all parties involved, regardless of the type. conduct in question. Tunisian court sentences ex-president Marzouki to prison in absentia Kim Potter trial: ex-officer convicted of two counts of manslaughter for shooting Daunte Wright's death
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Q: Two dimensional Array in Z3 solver I want to define an two dimensional array as following using z3 solver using C API a[3][3] = { {0,0,0},{0,0,0},{0,0,0}} How to define this using Z3 solver C API where in i need to add constraints such as sum of each rows is equal to 1 and sum of each coloums should me <= 100. A: Z3 supports the array theory, but is usually used to encode unbounded arrays, or arrays that are very big. This issue has been discussed in other posts (See: Create an array with fixed size and initialize it). If we search for [z3] array, we will find many other posts. For arrays of a predefined size, it is easier (and more efficient) to create "arrays of Z3 expressions". The Sudoku example in the Z3 tutorial shows how to do it. Here is the Python code for the problem described in your post (also available online here). # 3x3 matrix of integer variables A = [ [ Int("a_%s_%s" % (i+1, j+1)) for j in range(3) ] for i in range(3) ] print A # Rows constraints rows_c = [ Sum(r) == 1 for r in A ] print rows_c # Columns constraints A_transpose = [ [ A[i][j] for i in range(3) ] for j in range(3) ] cols_c = [ Sum(c) <= 10 for c in A_transpose ] print cols_c s = Solver() s.add(rows_c) s.add(cols_c) # solve constraints print s.check() # print solution m = s.model() print m # printing the solution in a nicer way r = [ [ m.evaluate(A[i][j]) for j in range(3) ] for i in range(3) ] print_matrix(r)
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Aubrey Thomas de Vere (-) est un poète et critique irlandais. Biographie Aubrey Thomas Hunt de Vere est né à Curraghchase House (maintenant en ruines) à Curraghchase, Kilcornan, comté de Limerick le troisième fils de Sir Aubrey de Vere, baronnet (1788-1846) et sa femme Mary Spring Rice, fille de Stephen Edward Rice (d.1831) et Catherine Spring de Mount Trenchard, Comté de Limerick. Il est un neveu de Lord Monteagle, un frère cadet de Sir Stephen de Vere, baronnet et un cousin de Lucy Knox. Sa sœur Ellen épouse Robert O'Brien, le frère de William Smith O'Brien. En 1832, son père abandonne le nom de famille original «Hunt» par licence royale, en prenant le nom de famille «de Vere». Il est fortement influencé par son amitié avec l'astronome Sir William Rowan Hamilton, à travers lequel il arrive à une connaissance et une admiration respectueuse pour Wordsworth et Coleridge. Il fait ses études privées à la maison et en 1832, il entre au Trinity College de Dublin, où il étudie Kant et Coleridge. Plus tard, il visite Oxford, Cambridge et Rome et subit la puissante influence de John Henry Newman. Il est également un ami proche d' Henry Taylor. Les caractéristiques de la poésie d'Aubrey de Vere sont un grand sérieux et un bel enthousiasme religieux. Ses recherches sur les questions de foi le conduisent à l'Église catholique romaine où, en 1851, il est reçu dans l'Église par le cardinal Manning à Avignon. Dans plusieurs de ses poèmes, notamment dans le volume de sonnets intitulé St Peters Chains (1888), il fait de riches ajouts aux vers de dévotion. Pendant quelques années, il occupe un poste de professeur, sous Newman, à l'Université catholique de Dublin. Dans « A Book of Irish Verse », WB Yeats décrit la poésie de de Vere comme ayant « moins d'architecture que la poésie de Ferguson et Allingham, et plus de méditation. En effet, ses succès rares mais toujours mémorables sont des îles enchantées dans des mers grises de rêveries et de descriptions majestueuses et impersonnelles, qui dérivent et ne laissent aucun souvenir précis. Il faut peut-être, pour en jouir parfaitement, un habit dominicain, un cloître et un bréviaire." Il visite également le Lake Country d'Angleterre et reste sous le toit de Wordsworth, ce qu'il appelle le plus grand honneur de sa vie. Sa vénération pour Wordsworth se manifeste singulièrement plus tard dans sa vie, et n'a jamais omis un pèlerinage annuel sur la tombe de ce poète jusqu'à ce qu'un âge avancé rende le voyage impossible. Il est d'un physique grand et élancé, d'un caractère pensif et grave, d'une dignité et d'une grâce de manière excessives, et conserve ses facultés mentales vigoureuses jusqu'à un âge avancé. Selon Helen Grace Smith, il est l'un des poètes les plus profondément intellectuels de son temps. Son recensement de 1901 énumère sa profession comme « auteur ». Il meurt à Curraghchase en 1902, à l'âge de quatre-vingt-huit ans. Comme il ne s'est jamais marié, le nom de de Vere à sa mort s'est éteint pour la deuxième fois et est repris par son neveu. Œuvres Ses œuvres les plus connues sont : en vers, Les Sœurs (1861) ; L'enfant nuptial (1864); Odes irlandaises (1869); Légendes de St Patrick (1872); et Légendes des saints saxons (1879); et en prose, Essais principalement sur la poésie (1887); et Essais principalement littéraires et éthiques (1889). Il écrit également un volume pittoresque de croquis de voyage et deux drames en vers, Alexandre le Grand (1874) ; et saint Thomas de Cantorbéry (1876). L'un de ses poèmes les plus connus est Inisfail, tandis que deux de ses poèmes historiques figuraient au programme d'anglais du cycle junior, The March to Kinsale et The Ballad of Athlone. On se souvient peut-être surtout de lui pour l'impulsion qu'il donne à l'étude de la mythologie et de la littérature celtique. Références Liens externes Poète irlandais du XIXe siècle Famille de Vere Décès en janvier 1902 Naissance en janvier 1814
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Jawaharlal Nehru Port Trust invites applications for the Class-I post of Assistant Manager (Legal) and Assistant Manager (Finance). The last date for submission of applications is 10th May 2019. (1) Degree in Law. (2) Minimum 05 years executive experience in a Legal Establishment of an Industrial/ Commercial/ Govt. Undertaking. Selection Process: Written Test / Online Test and Oral Interview. How to Apply: Eligible candidates apply in prescribed application format. Self attested photocopies in proof of age, qualifications, experience, training, caste, PWD certificate, ex-servicemen discharge book (as applicable), etc. and a passport size photograph are required to be attached to the application. Completed applications should reach to "Manager(P&IR), Jawaharlal Nehru Port Trust, Administration Building, Sheva, NAVI MUMBAI – 400 707" on or before 10/05/2019 up to 5:00 PM. Jawaharlal Nehru Port Trust (JNPT) Personnel and Industrial Relations Section invites applications for the post of Manager and Assistant Manager in Legal. For Detailed advertisement visit JNPT's website. Jawaharlal Nehru Port Trust (JNPT) invites applications for appointment of Hospital Administrator on contract basis at JNPT Hospital. The contract period of 01 year extendable for further one year at the discretion of the Port. The last date for submission of applications is 4th October 2018. 45 years. However, relax able in deserving cases. (1) Essential - A health science graduate (MBBS / BDS / etc.) with a full time master degree in hospital administration from a recognized Indian University. (2) Preferable – Any additional degrees or diploma of hospital administration over & above the essential qualification, will be an added advantage. (3) A minimum 07 years' of experience (post essential qualifications). Application in the prescribed format. Completed application along with attested photo-copies of documents should reach, on or before 4th October 2018 up to 5:00 PM. The postal cover the envelop "Application for the engagement of Hospital Administrator". JNPT invites applications for the post of Supervisor (Pollution Control). The closing date for receipt of applications is 28th September 2018. (1) Diploma in Mechanical Engineering from a recognized Institute. (2) 3 years experience in Operation/maintenance of Marine crafts (OR) First class driver certificate of competency issued by MOS. Selection Process: Online Test / Written Test / Skill Test. How to Apply: Eligible candidates apply in the prescribed format. Completed application along with self attested photo-copies of required documents to be attached to the application should be reach to Manager(P&IR), Jawaharlal Nehru Port Trust, Administration Building, Sheva, NAVI MUMBAI – 400 707 by Post / Speed Post / Registered Post / Courier on or before 28th September 2018. The postal cover envelop "Application for the post of Supervisor (Pollution Control)" should be mention clearly. Jawaharlal Nehru Port Trust has issued recruitment advertisement for the Class-I positions of Pilot, Managers, Personnel Officer and Administrative Officer. The closing date for receipt of applications is 27th April 2018. (i) Must hold a certificate of competency as Master of Foreign going ship issued by the Ministry of Shipping, Govt. of India or an equivalent qualification recognized by the Ministry of Shipping, Govt. of India. (ii)One year post qualification experience as Master / Chief Officer of a foreign going ship. (i) MOT II Class Motor Certificate issued under Merchant Shipping Act, 1958. (ii) 6 years experience as independent Watch Keeping Engineer on board a foreign going ship. (i) Degree in Law from a recognized University. (ii) Five years executive experience in a Legal Establishment of an Industrial/ Commercial/ Govt. Undertaking. (i) Degree or equivalent in Civil Engg. from a recognized University/Institute. (ii) Five years experience in executive cadre in Planning/ Construction/Design/Maintenance preferably of Port and Marine Structures in an Industrial / Commercial/ Govt. Undertaking. How to Apply: Eligible Interested candidates apply in the prescribed application format. Completed applications along with self attested photocopies in proof of age, qualifications, experience, training, caste, PWD certificate, ex-servicemen discharge book (as applicable), etc. and a passport size photograph should reach to Manager (P&IR), Jawaharlal Nehru Port Trust, Administration Building, Sheva, NAVI MUMBAI – 400 707 by Post / Speed Post / Registered Post / Courier. The last date for receipt of applications is 27/04/2018. The postal cover envelop super scribe "Application for the post of _______". Jawaharlal Nehru Port Trust (JNPT) invites online applications for recruitment of Class Officers as Superintendent (Port Planning and Development) and Accounts Officer in Class-I Cadre by direct recruitment basis. The closing date for online registration is 7th April 2018. Age Limit: 18 to 30 Years as on 1st March 2018. The upper age relaxation 05 Years for SC / ST, 03 Years for OBC (NCL) and 10 Years for PWD. Superintendent (PP&D) –> Degree or equivalent in Civil Engineering Qualification from a recognised University/ Institution. Desirable – 02 years experience. Accounts Officer –> Member of institute of Chartered Accounts of India or of Institute of Cost and Works Accounts of India. Desirable – 02 years experience. Selection Process: Online Examination. The Exam will be conducted online at centres in Mumbai/ Greater Mumbai/ Navi Mumbai/ Thane/ Raigad area as given in the respective admit cards. The Tentative date for online exam is April / May 2018. How to Apply: Eligible candidates shall apply online through JNPT Website. The closing date for submission of online registration is 07/04/2018. Jawaharlal Nehru Port Trust Recruitment 2019 – Assistant Managers.
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Jitendra Malik featured in NY Times article Prof. Jitendra Malik is featured in a NY Times article titled "A Lesson of Tesla Crashes? Computer Vision Can't Do It All Yet". Prof. Malik, a researcher in computer vision for three decades, responded to a fatal crash in May of a man in Ohio driving a Tesla electric car equipped with an Autopilot driver-assistance system. While using this system, the man crashed into a tractor-trailer. Prof. Malik advised, "Knowing what I know about computer vision, I wouldn't take my hands off the steering wheel." Tesla and Ford are listening. (Picture: Prof. Jitendra Malik and Fei-Fei Li of Stanford) Christos Papadimitriou wins ABZ Gold Platinum ETH Medal for CS and CS Education ETH Zürich (Swiss Federal Institute of Technology in Zurich) has awarded CS Prof. Christos Papadimitriou the ABZ Gold Platinum Medal at a ceremony in Switzerland. This Medal is awarded to individuals who have fundamentally contributed to the development of computer science and the practice of computer science education. Previous recipients include Niklaus Wirth, Donald Knuth, David Harel, and Ronald Rivest. ABZ (Training and advisory center for computer science education at ETH Zurich) Awards CITRIS Invention Lab and Jacobs Institute for Design Innovation launch joint Maker Pass The CITRIS (Center for Information Technology Research in the Interest of Society) Invention Lab and the Jacobs Institute for Design Innovation are launching a new joint Maker Pass enabling UC Berkeley students, faculty and staff access to both facilities seamlessly. The CITRIS Invention Lab (Prof. Eric Paulos, co-founder and current director) was designed to support innovation by providing the knowledge and tools to rapidly design and prototype novel interactive products, embedded sensing systems and integrated mobile devices. The Jacobs Institute for Design Innovation (Prof. Björn Hartmann, Interim Faculty Director) is an interdisciplinary hub for learning and making at the intersection of design and technology with design studios and access to tools for prototyping, iteration and fabrication. Prof. Costas Spanos is the Director of CITRIS and the Banatao Institute. CITRIS: New Joint Maker Pass Announced for Fall 2016 ActiveClean: a tool that uses machine learning to clean dirty data in big data sets AMPLab researchers Sanjay Krishnan, Prof. Michael Franklin, Prof. Ken Goldberg, Eugene Wu, and Jiannan Wang have developed ActiveClean, a system that uses machine learning to improve the process of removing dirty data by analyzing a user's prediction model to decide which mistakes to edit first, while updating the model as it works. The demonstration paper titled "ActiveClean: An Interactive Data Cleaning Framework For Modern Machine Learning" received the Best Demo Award at SIGMOD 2016. ActiveClean is profiled in an I Programmer article and the development team led byEugene Wu (now at Columbia) will present its research on Sept. 7 in New Delhi, at the 2016 conference on Very Large Data Bases. I Programmer: Columbia Creates Data Set Cleaner ActiveClean: An Interactive Data Cleaning Framework For Modern Machine Learning EECS professors lead team for new $4.6 M NSF project VeHICaL Profs. Sanjit Seshia, Ruzena Bajcsy, Shankar Sastry, Björn Hartmann, Claire Tomlin and Tom Griffiths are the principal investigators of a new large National Science Foundation project that will tackle the problem of designing "human Cyber-Physical Systems (h-CPS)", cyber-physical systems that work in concert with humans. The research outcome of the project, called Verified Human Interfaces, Control, and Learning for Semi-Autonomous Systems, or VeHICaL, will have applications in emerging technologies such as semi-autonomous cars and autonomous aerial vehicles (drones). NSF has awarded $4.6M for this project. National Science Foundation: NSF awards $13 million toward research in cyber-physical systems Berkeley News: $4.6 million grant to improve how automated cars, drones interact with humans Tsu-Jae King Liu appointed Vice Provost for Academic and Space Planning Prof. Tsu-Jae King Liu has been appointed the new Vice Provost for Academic and Space Planning (VPASP) for the Berkeley campus, a critical leadership position charged with overseeing the overall programmatic direction of the university and its interaction with the use of space on campus. As the outgoing EECS Chair, Tsu-Jae made issues of climate, inclusion and diversity priorities in her administrative service. Berkeley News: Campus names vice provost for academic and space planning
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Following the announcement in November 2014 of a specific £10m fund for international marketing of the North of England a further fund of £5m (£10 with in-kind and cash match) awarded on the same basis was subsequently announced for the South West. VisitEngland who are administering both programme are developing proposals with partners and the industry in the South West of England. As yet we have been unable to source any substantive material relating to this to share with the British Destinations membership. More detail will follow as soon as we have it. Meanwhile those in the South West should by now already be fully aware of and engaged in the process.
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Q: ESP32 CAM Header fields are too long for server to interpret I have used the official sample code to build up a webserver for esp32 cam. However, when I tried to make it accessible everywhere by using ngrok, I kept getting the 'Header fields are too long for server to interpret' error. I have tried changing the CONFIG_HTTPD_MAX_REQ_HDR_LEN in sdkconfig file to 1024 and 2048, but it did not work. Any help is appreciated! The solution I have tried (did not work for me): ESP32 httpd: Header fields are too long for the server to interpret
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The next worldvlew Is similar. Humanism also rests on the Idea that the universe exists for no purpose. It too maintains that we are the result of blind processes that don't necessitate any kind of meaning. But if God exists, our lives have an eternal significance because our hope is not death but eternal life (see "Why Were You Born?" beginning on page 52). If God exists, we have a standard of absolute right and wrong residing in the nature of God Himself. This makes our moral choices profoundly significant. Of all the creatures we see around us, man is the only part of the creation that can is worth living, humanists argue, because we ourselves make It worthwhile and enjoyable. As with nihilism, however, no objective values are acknowledged. This view holds that a person may be moral because it gives him personal satisfaction to create values and live according to those values. There Isn't much difference between the humanistic view and nihilism. Humanism acknowledges that values exist, but it sees values as neither objective, universal nor permanent— and no one, by this conception, is obligated to be moral, for no absolute values exist. Humanism fails to provide moral objections to Immoral behavior. In other words, If no moral absolutes exist, you can't demonstrate that anything is wrong or evil. Thus no one Is in a position to judge or condemn the choices or actions of others.
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