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wheat, feed grain, upland cotton, and rice programs under this Act that is efficient, equitable, flexible, and predictable. "SEC. 502. For purposes of this title— "(1) the term 'program crop' means any crop of wheat, feed iy grains, upland cotton, or rice; and "(2) the term 'county committee' means the county committee fi established under section 8(b) of the Soil Conservation and I Domestic Allotment Act (16 U.S.C. 590h(b)) for the county in which the farm is administratively located. "SEC. 503. (a)(1) Except as provided in p a r c ^ a p h (2), the Secretary shall provide for the establishment and maintenance of farm acreage bases for the 1986 and subsequent crop years. "(2) With respect to the 1986 crop year, the Secretary may forgo the establishment of farm acreage bases under this title. "(b)(1) The county committee, in accordance with regulations prescribed by the Secretary, shall determine the farm acreage base for a farm for a crop year. Such farm acreage base shall include the number of acres equal to the sum of the crop acreage bases for the farm. "(2) In the case of farm acreage bases established for the 1987 and subsequent crop years, the determination of the farm acreage base shall also include (in addition to the crop acreage bases for the farm) the sum of (A) the average of the acreage on the farm planted to soybeans in the 1986 and subsequent crop years, and (B) the average of the acreage on the farm devoted by the producer to a conserving use in the normal course of farming operations in the 1986 and subsequent crop years. "SEC. 504. (a)(1) The Secretary shall provide for the establishment and maintenance of crop acreage bases for each program crop, including any progrsun crop produced under an established practice of double cropping. The sum of the crop acreage bases for all program crops produced on any farm for any crop year shall not exceed the farm acreage base for such farm for such crop year, except to the extent that the excess is due to an established practice of double cropping. "(2) The term 'double cropping' means a farming practice, as defined by the Secretary, which has been carried out on a farm in at least 3 of the 5 crop years immediately preceding the crop year for which the crop acreage base for the farm is established. "(b)(l)(A) Except as provided in subparagraph (B), the crop acreage base for a program crop for any farm for the 1986 and subsequent crop years shall be the number of acres that is equal to the average of the acreage planted and considered planted to such program crop for harvest on the farm in each of the five crop years preceding such crop year. "(B)(i) In the case of upland cotton and rice, except as provided in clause (ii), if no planted and considered planted acreage has been established for a farm for each of the five crop years preceding such crop year, the crop acreage base for such crop shall be equal to the average of the acreage planted and considered planted to such crop for harvest on the farm in each of the five crop years preceding such crop year, excluding all crop years in which planted and considered planted acreage was not established for the farm. "(ii) Any crop acreage base established in accordance with paragraph (I)(A) and paragraph (IXBXi) shall not exceed a number of acres equal to the average of the acreage planted and considered

7 USC 1462.

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planted to such crop for harvest on the farm in each of the two crop years preceding such crop year. "(2) The acreage considered planted to a program crop shall include— "(A) any reduced acreage, set-aside acreage, and diverted ' acreage on the farm; "(B) any acreage on the farm that producers were prevented from planting to such crop because of drought, flood, or other natural disaster, or other condition beyond the control of the j; ,^ producers; "(C) acreage in an amount equal to the difference between the permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is planted to a nonprogram crop, other than soybeans and extra long staple cotton; and "(D) any acreage on the farm which the Secretary determines is necessary to h^ included in establishing a fair and equitable crop acreage base. Regulations. "(3) For the purpose of determining the crop acreage base for the 1986 and subsequent crop years for any farm, the county committee, in accordance with regulations prescribed by the Secretary, may construct a planting history for such crop if— "(A) planting records for such crop for any of the five crop years preceding such crop year are incomplete or unavailable; or "(B) during at least one but not more than four of the five crop years preceding such crop year, the program crop was not ,.:,,,., produced on the farm. r;: "(c) The Secretary may make adjustments to reflect crop rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable crop acreage base. "(d) If a county committee determines, in accordance with regulations prescribed by the Secretary, that the occurrence of a natural disaster or other similar condition beyond the control of the producer prevented the planting of a program crop on any farm within the county (or substantially destroyed any such program crop after it had been planted but before it had been harvested), the producer may plant any other crop, including any other program crop, on the acreage of such farm that, but for the occurrence of such disaster or other condition, would have been devoted to the production of a progam crop. For purposes of determining the farm acreage base or the crop acreage base, any acreage on the farm on which a substitute crop, including any program crop, is planted under this subsection shall be taken into account as if such acreage had been planted to the program crop for which the other crop was substituted. Prohibition. "SEC. 505. (a) The Secretary may provide for an upward adjust7 USC 1465. ment of any crop acreage base for any farm for any crop year. Except as provided in subsection (b), such adjustment may not exceed the number of acres that is equal to 10 percent of the farm acreage base for such farm for such crop year. Any upward adjustment in a crop acreage base must be offset by an equivalent downward adjustment in one or more other crop acreage bases •' established for the farm for such crop year. "(b) The Secretary may suspend, on a nationwide basis, any limitation contained in subsection (a) with respect to the crop

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acreage base for any program crop if the Secretary determines that— "(1) a short supply or other similar emergency situation exists with respect to the program crop; or "(2) market factors exist that require the suspension of the limitation to achieve the purposes of the p r c ^ a m. "SEC. 506. (a) The Secretary shall provide for the establishment of a farm program payment yield for each farm for each program crop for each crop year. "(b)(1) Except as provided in paragraph (2), the farm program payment yield for each of the 1986 and 1987 crop years shall hie the average of the farm program payment jrields for the farm for the 1981 through 1985 crop years, excluding the year in which such yield was the highest and the year in which such)deld was the lowest. "(2) If no crop of the commodity was produced on the farm or no farm program pa3mtient yield was established for the farm for any of the 1981 through 1985 crop years, the farm program payment yield shall be established on the basis of the average farm program payment jdeld for such crop years for similar farms in the area. (3) If the Secretary determines such action is necessary, the Secretary may establish national. State, or county program payment jdelds on the basis of— "(A) historical jdelds, as adjusted by the Secretary to correct for abnormal factors affecting such jdelds in the historical period; or "(B) the Secretary's estimate of actual jdelds for the crop year involved if historical yield data is not available. "(4) If national. State, or county program payment yields are established, the farm program payment yields shall balance to the national, State, or county program payment jdelds. "(c)(1) With respect to the 1988 and subsequent crop years, the Secretary may (A) establish the farm program payment jdeld as provided in subsection (b), or (B) establish a farm program payment yield for any program crop for any farm on the basis of the average of the yield per harvested acre for the crop for such farm for each of the five crop years immediately preceding such crop year, excluding the crop year with the highest yield per harvested acre, the crop year with the lowest yield per harvested acre, and any crop year in which such crop was not planted on the farm. For purposes of the preceding sentence, the farm program payment yield for the 1983 through 1986 crop years and the actual yield per harvested acre with respect to the 1987 and subsequent crop years shall be used in determining farm program payment jdelds. "(2) The county committee, in accordance with regulations prescribed by the Secretary, may adjust any program yield for any program crop for any farm if the program yield for the crop on the farm does not accurately reflect the productive potential of the farm because of the occurrence of a natural disaster or other similar condition beyond the control of the producer. "(d) In the case of any farm for which the actual yield per harvested acre for any program crop referred to in subsection (c)(D for any crop year is not available, the county committee may assign the farm a yield for the crop for such crop year on the basis of actual yields for the crop for such crop year on similar farms in the area. "SEC. 507. Effective for each of the 1986 and subsequent crop years, each county committee, in accordance with regulations pre-

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7 USC 1466.

Regulations.

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Regulations. 7 USC 1468.

7 USC 1469.

PUBLIC LAW 99-198—DEC. 23, 1985

scribed by the Secretary, may require any producer who seeks to establish a farm acreage base, crop acreage base, or farm program payment yield for a farm for a crop year to provide planting and production history of such farm for each of the five crop years immediately preceding such crop year. "SEC. 508. Each county committees may, in accordance with regulations prescribed by the Secretary, provide for the establishment of a farm acreage base, crop acreage base, and farm program payment yield with respect to any farm administratively located within the • county if such farm acreage base, crop acreage base, or farm program payment yield cannot otherwise be established under this title. Such bases and farm program payment yields shall be established in a fair and equitable manner, but no such bases or farm program payment yields shall be established for a farm if the producer on such farm is subject to sanctions under any provision of Federal law for cultivating highly erodible land or converted wetland. "SEC. 509. The Secretary shall establish an administrative appeal procedure which provides for an administrative review of determinations made with respect to farm acreage bases, crop acreage bases, and farm program payment yields.". Subtitle C—Honey HONEY PRICE SUPPORT

Loans.

SEC, 1041. Effective only for the 1986 through 1990 crops of honey, subsection (b) of section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) is amended to read as follows: "(b)(1) For each of the 1986 through 1990 crops of honey, the price of honey shall be supported through loans, purchases, or other operations as follows: "(A) For the 1986 crop, the loan and purchase level for honey shall be 64 cents per pound. "(B) For the 1987 crop, the loan and purchase level for honey shall be 63 cents per pound. "(C) For each of the 1988, 1989, and 1990 crops, the loan and purchase level for honey shall be the same as the level established for the preceding crop year reduced by 5 percent, except that such level may not be less than an amount equal to 75 percent of the simple average price received by producers of honey in the 5 preceding crop years, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period. "(2) The Secretary may permit a producer to repay a loan made to the producer under this subsection for a crop at a level that is the lesser of— "(A) the loan level determined for such crop; or. r "(B) such level as the Secretary determines will— "(i) minimize the number of loan forfeitures; "(ii) not result in excessive total stocks of honey; "(iii) reduce the costs incurred by the Federal Government in storing honey; and "(iv) maintain the competitiveness of honey in domestic and export markets. "(3)(A) If the Secretary determines that a person has knowingly pledged adulterated or imported honey as collateral to secure a loan

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made under this subsection, such person shall, in addition to any other penalties or sanctions prescribed by law, be ii*eligible for a loan, purchase, or payment under this subsection for the 3 crop years succeeding such determination. "(B) For purposes of subparagraph (A), honey shall be considered adulterated if— "(i) any substance has been substituted wholly or in part for such honey; "(ii) such honey contains a poisonous or deleterious substance that may render such honey injurious to health, except that in any case in which such substance is not added to such honey, such honey shall not be considered adulterated if the quantity of such substance in or on such honey does not ordinarily render it injurious to health; or "(iii) such honey is for any other reason unsound, unhealthy, unwholesome, or otherwise unfit for human consumption.'. TITLE XI—TRADE Subtitle A—Public Law 480 and Use of Surplus Commodities in International Programs TITLE n OF PUBLIC LAW 480—FUNDING LEVELS

SEC. 1101. Effective October 1, 1985, section 204 of the Agricul- Effective date, tural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724) is amended by— (1) striking out "calendar" both places it appears in the first sentence and inserting in lieu thereof "fiscal"; and (2) inserting after the first sentence the following: "The President may waive the limitation in the preceding sentence if the President determines that such waiver is necessary to undertake programs of assistance to meet urgent humanitarian needs.'. MINIMUM QUANTITY OF AGRICULTURAL COMMODITIES DISTRIBUTED UNDER TITLE II

SEC. 1102. Section 201(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721(b)) is amended to read as follows: "(b) The minimum quantity of agricultural commodities distributed under this title for each of the fiscal years ending September 30, 1987, September 30, 1988, September 30, 1989, and September 30, 1990, shall be 1,900,000 metric tons, of which not less than 1,425,000 metric tons for nonemergency programs shall be distributed through nonprofit voluntary agencies, cooperatives, and the World Food Program; unless the President determines and reports to the Congress, together with his reasons, that such quantity cannot be used effectively to carry out the purposes of this title.". TITLE II OF PUBLIC LAW 480—MINIMUM FOR FORTIFIED OR PROCESSED FOOD AND NONPROFIT AGENCY PROPOSAI5

SEC. 1103. Section 201 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721) is amended by adding at the end thereof the following new subsection:

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 99 STAT. 1466 President of U.S.

PUBLIC LAW 99-198—DEC. 23, 1985

"(c)(1) Except as provided in paragraph (2), in distributing agricultural commodities under this title, the President shall— "(A) consider— "(i) the nutritional assistance to recipients and benefits to the United States that would result from distributing such commodities in the form of processed and protein-fortified products, including processed milk, plant protein products, and fruit, nut, and vegetable products; "(ii) the nutritional needs of the proposed recipients of the commodities; "(iii) the cost effectiveness of providing such commodities, ': ' for purposes of selecting commodities for distribution under nonemergency programs; and "(iv) the purposes of this title; and ' "(B) ensure that at least 75 percent of the quantity of agricultural commodities required to be distributed each fiscal year under subsection (b) for nonemergency programs be in the form of processed or fortified products or bagged commodities. "(2) The President may waive the requirement under paragraph (1)(B) or make available a smaller percentage of fortified or processed food than required under paragraph (I)(B) during any fiscal year in which the President determines that the requirements of the programs established under this title will not be best served by the distribution of fortified or processed food in the amounts required under paragraph (I)(B).". FOOD ASSISTANCE PROGRAMS OF VOLUNTARY AGENCIES

7 USC 1726a.

7 USC 1726a note.

SEC. 1104. (a) Title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.) is amended by adding at the end thereof the following: "SEC. 207. (a) A nonprofit voluntary agency requesting a nonemergency food assistance agreement under this title shall include in such request a description of the intended uses of any foreign currency proceeds that would be generated with the commodities provided under the agreement. "(b) Such agreements shall provide, in the aggregate for each fiscal year, for the use of foreign currency proceeds under this subsection in an amount that is not less than 5 percent of the aggregate value of the commodities distributed under nonemergency programs under this title for such fiscal year.". (b) Section 207 of the Agricultural Trade Development and Assistance Act of 1954 (as added by subsection (a)) shall apply with respect to agreements entered into after December 31, 1985. EXTENSION OF THE PUBLIC LAW 480 AUTHORITIES

SEC. 1105. Section 409 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736c) is amended by— (1) striking out "1985" in the first sentence and inserting in lieu thereof "1990"; and (2) in the second sentence— (A) striking out "amendment" and inserting in lieu thereof "amendments"; and (B) inserting "and the Food Security Act of 1985" after "Agriculture and Food Act of 1981".

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99 STAT. 1467

FACILITATION OF EXPORTS

SEC. 1106. It is the sense of Congress that the President should work with the People's Republic of China to facilitate the export of agricultural commodities to the People's Republic of China.

China.

FARMER-TO-FARMER PROGRAM UNDER PUBLIC LAW 480

SEC. 1107. (a) Notwithstanding any other provision of law, not less Prohibition. than one-tenth of 1 percent of the funds available for each of the 7 USC 1736 note. fiscal years ending September 30, 1986, and September 30, 1987, to carry out the Agricultural Trade Development and Assistance Act of 1954 shall be used to carry out paragraphs (1) and (2) of section 7 USC 1691 note. 406(a) of that Act. Any such funds used to carry out paragraph (2) of 7 USC 1736. section 406(a) shall not constitute more than one-fourth of the funds used as provided by the first sentence of this subsection, shall be used for activities in direct support of the farmer-to-farmer program under paragraph (1) of section 406(a), and shall be administered whenever possible in conjunction with programs under sections 296 through 300 of the Foreign Assistance Act of 1961. 2 USC (b) Not later than 120 days after the date of enactment of this Act, 2220a-2220e. the Administrator of the Agency for International Development, in Report. conjunction with the Secretary of Agriculture, shall submit to Congress a report indicating the manner in which the Agency intends to implement the provisions of paragraphs (1) and (2) of section 406(a) of the Agricultural Trade Development and Assistance Act of 1954 with the funds made available under subsection (a). FOOD FOR DEVELOPMENT PROGRAM

SEC. 1108. Section 302(c)(l)(C) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1727a(c)(l)(C)) is amended by striking out "15" and inserting in lieu thereof "10", USE OF SURPLUS COMMODITIES IN INTERNATIONAL PROGRAMS

SEC. 1109. Section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is amended by— (1) striking out the last two sentences of subsection (a); and (2) amending subsection (b) to read as follows: "(b)(l) The Secretary, subject to the requirements of paragraph (10), may furnish eligible commodities for carrying out programs of assistance in developing countries and friendly countries under title II of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress Act of 1985, as approved by the Secretary, and for such purposes as are approved by the Secretary. To ensure that the furnishing of commodities under this subsection is coordinated with and complements other United States foreign assistance, assistance under this subsection shall be coordinated through the mechanism designated by the President to coordinate assistance under the Agricultural Trade Development and Assistance Act of 1954. "(2) As used in this subsection, the term 'eligible commodities' means— "(A) dairy products, grains, and oilseeds acquired by the (Dommodity Credit Corporation through price support operations that the Secretary determines meet the criteria specified in subsection (a); and

Ante, p. 271.

Ante, p. 1466. Post, p. 1472.

7 USC 1691 note.

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"(B) such other edible agricultural commodities as may be acquired by the Secretary or the Commodity Credit Corporation ^ ' in the normal course of operations and that are available for disposition under this subsection, except that no such commodities may be acquired for the purpose of their use under this subsection. "(3)(A) Commodities may not be made available for disposition under this subsection in amounts that (i) will, in any way, reduce i the amounts of commodities that traditionally are made available through donations to domestic feeding programs or agencies, or (ii) will prevent the Secretary from fulfilling any agreement entered into by the Secretary under a payment-in-kind program under this Act or other Acts administered by the Secretary. "(B)(i) The requirements of section 401(b) of the Agricultural 7 USC 1731. Trade Development and Assistance Act of 1954 shall apply with respect to commodities furnished under this subsection. Commodities may not be furnished for disposition to any country under this subsection except on determinations by the Secretary that— "(I) the receiving country has the absorptive capacity to use the commodities efficiently and effectively; and Commerce and "(II) such disposition of the Commodities will not interfere trade. with usual marketings of the United States, nor disrupt world prices of agricultural commodities and normal patterns of commercial trade with developing countries, "(ii) The requirement for safeguarding usual marketings of the United States shall not be used to prevent the furnishing under this subsection of any eligible commodity for use in countries that— "(I) have not traditionally purchased the commodity from the United States; or ij' "(II) do not have adequate financial resources to acquire the commodity from the United States through commercial sources or through concessional sales arrangements. "(C) The Secretary shall take reasonable precautions to ensure that— "(i) commodities furnished under this subsection will not displace or interfere with sales that otherwise might be made; and Commerce and "(ii) sales or barter under paragraph (7) will not unduly trade. disrupt world prices of agricultural commodities nor normal patterns of commercial trade with friendly countries. "(4) Agreements may be entered into under this subsection to provide eligible commodities in installments over an extended period of time. "(5)(A) Section 203 of the Agricultural Trade Development and 7 USC 1723. Assistance Act of 1954 shall apply to the commodities furnished under this subsection. "(B) The Commodity Credit Corporation may pay the processing and domestic handling costs incurred, as authorized under this subsection, in the form of eligible commodities, as defined in paragraph (2)(A), if the Secretary determines that such in-kind payment will not disrupt domestic markets. Prohibition. "(6) The cost of Commodities furnished under this subsection, and expenses incurred under section 203 of the Agricultural Trade Development and Assistance Act of 1954 in connection with those commodities, shall be in addition to the level of assistance programmed under that Act and shall not be considered expenditures for international affairs and finance.

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"(7) Eligible commodities, and products thereof, furnished under this subsection may be sold or bartered only with the approval of the Secretary and solely as follows: "(A) Sales and barter that are incidental to the donation of the commodities or products. "(B) Sales and barter to finance the distribution, handling, and processing costs of the donated commodities or products in the importing country or in a country through which such commodities or products must be transshipped, or other activities in the importing country that are consistent with providing food assistance to needy people. "(C) Sales and barter of commodities and products furnished to intergovernmental agencies or organizations, insofar as they are consistent with normal programming procedures in the distribution of commodities by those agencies or organizations. "(D)(i) Sales of commodities and products furnished to nonprofit and voluntary agencies, or cooperatives, for food assistance under agreements that provide for the use, by the agency or cooperative, of foreign currency proceeds generated from such sale of commodities or products for the purposes established in clause (ii) of this subparagraph. "(ii) Foreign currency proceeds generated from the sales of commodities and products under this subparagraph shall be used by nonprofit and voluntary agencies, or cooperatives, for activities carried out by the agency or cooperative that will enhance the effectiveness of transportation, distribution, and use of commodities and products donated under this subsection, including food for work programs and cooperative and agricultural projects. "(iii) Except as otherwise provided in clause (v), such agreements, taken together for each fiscal year, shall provide for ssdes of commodities and products for foreign currency proceeds in amounts that are, in the aggregate, not less than 5 percent of the aggregate value of all commodities and products furnished for carrying out programs of assistance under this subsection in such fiscal year. The minimum allocation requirements of this clause apply with respect to commodities and products made available under this subsection for carrying out programs of assisteuice under title II of the Agricultural Trade Development and Assistance Act of 1954, and not with respect to commodities and products made available to carry out the Food for Progress Act of 1985. "(iv) Foreign currency proceeds generated from the sale of commodities or products under this subparagraph shall be expended within the country of origin within one year of acquisition of such currency, except that the Secretary may permit the use of such proceeds (I) in countries other than the country of origin as necessary to expedite the transportation of commodities and products furnished under this subsection, and (II) after one year of acquisition as appropriate to achieve the purposes of clause (i). "(v) The provisions of clause (iii) of this subparagraph establishing minimum annual allocations for sales and use of proceeds shall not apply to the extent that there have not been sufficient requests for such sales and use of proceeds nor to the extent required under paragraph (3).

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Transportation,

Ante, p. 1466. Post, p. 1472. Transportation.

Prohibition,

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 veying his property to Patch. In Aug. 1805 it was arranged that Patch should become a real, instead of a nominal, partner in Blight's business to the extent of one-third. For this share Patch paid Blight 250l., procured from the sale of his estate in Devonshire, and promised him, by 23 Sept. 1805, 1,000l., a sum that Patch knew he had no means of obtaining. On the evening of the 23rd Patch was alone with Blight in the front parlour of the latter's house, and about 8 P.M., just after Patch had been seen to leave the room, Blight was discovered by a servant lying wounded by a pistol-shot. Blight expired the next day, and Patch was tried for his murder on 5 April 1806, at the Sessions House in Horsemonger Lane, before Lord-chief-baron Macdonald. The prisoner, who appeared dressed ‘in a handsome suit of black,’ behaved with the utmost coolness, and read a written defence. He was found guilty on clear circumstantial evidence, skilfully marshalled by the prosecution. Patch was deeply affected when visited in prison by his brother and by the sister of his deceased wife, but does not appear to have confessed the murder. He was executed on 8 April 1806 at nine o'clock, on a platform on the front of the gaol, Horsemonger Lane. A man and his wife were at the same time hanged for coining.

The case excited great interest, and numerous accounts of the trial were published, among which were shorthand reports by J. & W. B. Gurney, and by Blanchard & Ramsey (London, 1806, 8vo). A view and plan of Blight's house appeared in the ‘Lady's Magazine’ for 1806, pp. 211–16. Fairburn's edition of the trial and an account published in vol. iv. of Kirby's ‘Wonderful and Eccentric Museum’ (pp. 43–97) contain portraits of Patch, who is described (Gent. Mag. 1806, p. 375, paged ‘383’) as a man of heavy build, ‘very round-shouldered, with a short thick neck and florid complexion.’

[Gurney's Trial of Richard Patch, and other accounts of the Life and Trial of Patch, enumerated in Brit. Mus. Cat. under ‘Patch, Richard.’]

PATCH, THOMAS (d. 1782), painter and engraver, after studying art in London, went as a young man to Italy, making his way thither, chiefly on foot, in company with Richard Dalton the artist. He arrived at Rome some time before 1750, and became a student at the academy there. He was patronised by the Earl of Charlemont and other amateurs, for whom he painted or copied pictures. His eccentric behaviour, however, drew on him the displeasure of the church authorities, and he had to leave Rome hurriedly towards the end of 1755. He then removed to Florence, where he resided until his death. When in Rome he became acquainted, and appears to have travelled in company, with Sir Joshua Reynolds [q. v.], who introduced a portrait of Patch into the caricature of ‘The School of Athens,’ drawn by Reynolds in 1751. At Florence Patch became well known among the English residents, and was a great friend of Sir Horace Mann [q. v.], who frequently recommended Patch and his works to Horace Walpole and other friends in England or on their travels. Patch was one of the first artists to discern the supreme merits of Masaccio's frescos in the Church of the Carmini at Florence. He made careful drawings of these, which are the more valuable as the original paintings were shortly afterwards seriously damaged by fire. Though Patch had no previous experience of engraving, he etched these drawings on copper, and published them in twenty-six plates in 1770 as ‘The Life of the Celebrated Painter, Masaccio,’ with a dedication to Sir Horace Mann. In 1772 he published a series of twenty-four etchings from the works of Fra Bartolommeo, dedicated to Horace Walpole; and another series from the pictures by Giotto in the Church of the Carmini, dedicated to Bernardo Manetti. In 1774 he published a set of engravings by himself and F. Gregory from Lorenzo Ghiberti's Gates of the Baptistery of San Giovanni at Florence. All these works have merit, and entitle Patch to a foremost place among the students of early Florentine art. Patch also executed a number of caricatures of English travellers and residents in Florence, including two of himself. A small ‘caricature’ painting of the bibliophile Duke of Roxburghe, by Patch, is in the National Portrait Gallery. He painted conversation pieces and landscapes. Two views of the Arno by him are at Hampton Court; and he engraved a similar view himself. He also engraved portraits of Nicolas Poussin, Sir J. Hawkwood, A. P. Bellori (after C. Maratti), some landscapes after Gaspar Poussin, &c. Patch was seized with apoplexy in Sir Horace Mann's house at Florence, and died on 30 April 1782. There are a few drawings by him in the print-room at the British Museum. His brother, James Patch, was a surgeon in Norfolk Street, London.

[Redgrave's Dict. of Artists; Doran's Mann and Manners in Florence; Hist. MSS. Comm. 12th Rep. App. x.]

PATE or PATES, RICHARD (d. 1565), bishop of Worcester, son of John Pate by Elinor, sister of John Longland [q. v.], bishop


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Prohibition.

Regulations.

Regulations. Reports.

Commerce and trade.

PUBLIC LAW 99-198—DEC. 23, 1985

"(E) Sales and barter to cover expenses incurred under paragraph (5)(a). No portion of the proceeds or services realized from sales or barter under this paragraph may be used to meet operating and overhead expenses, except as otherwise provided in subparagraph (C) and except for personnel and administrative costs incurred by local cooperatives. "(SKA) To the maximum extent practicable, expedited procedures shall be used in the implementation of this subsection. "(B) The Secretary shall be responsible for regulations governing sales and barter, and the use of foreign currency proceeds, under paragraph (7) of this subsection that will provide reasonable safeguards to prevent the occurrence of abuses in the conduct of activities provided for in paragraph (7). "(9)(A) Each recipient of commodities and products approved for sale or barter under paragraph (7) shall report to the Secretary information with respect to the items required to be included in the Secretary's report pursuant to clauses (i) through (iv) of subparagraph (B). Reports pursuant to this subparagraph shall be submitted in accordance with regulations of the Secretary. Such regulations shall require at least one report annually, to be submitted not later than December 31 following the end of the fiscal year in which the commodities and products are received; except that a report shall not be required with respect to fiscal year 1985. "(B) Not later than February 15, 1987, and annually thereafter, the Secretary shall report to tihe Congress on sales and barter, and use of foreign currency proceeds, under paragraph (7) during the preceding fiscal year. Such report shall include information on— "(i) the quantity of commodities furnished for such sale or barter; "(ii) the amount of funds (including dollar equivalents for foreign currencies) and value of services generated from such sales and barter in such fiscal year; "(iii) how such funds and services were used; "(iv) the amount of foreign currency proceeds that were used under agreements under subparagraph (D) of paragraph (7) in such fiscal year, and the percentage of the quantity of all commodities and products furnished under this subsection in such fiscal year such use represented; "(v) the Secretary's best estimate of the amount of foreign currency proceeds that will be used, under agreements under subparagraph (D) of paragraph (7), in the then current fiscal year and the next following fiscal year (if all requests for such use are agreed to), and the percentage that such estimated use represents of the quantity of all commodities and products that the Secretary estimates will be furnished under this subsection in each such fiscal year; "(vi) the effectiveness of such sales, barter, and use during such fiscal year in facilitating the distribution of commodities and products under this subsection; "(vii) the extent to which sales, barter, or uses— "(I) displace or interfere with commercial sales of United States agricultural commodities and products that otherwise would be made, "(II) affect usual marketings of the United States, "(III) disrupt world prices of agricultural commodities or normal patterns of trade with friendly countries, or

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99 STAT. 1471

. -

"(TV) discourage local production and marketing of agricultural commodities in the countries in which commodities and products are distributed under this subsection; and "(viii) the Secretary's recommendations, if any, for changes to improve the conduct of sales, barter, or use activities under paragraph (7). "(lOXA) Subject to the limitations established under paragraph (3), the Secretary shall make available for disposition under this subsection in each of the fiscal years 1986 through 1990 not less than the minimum quantities of eligible commodities specified in subparagraph (B). "(B) The minimum quantity of eligible commodities that shall be made available for disposition under this subsection in each fiscal year shall be— "(i) 500,000 metric tons of grains and oilseeds from the Corporation's uncommitted stocl^, or an amount equal to 10 percent of the Corporation's uncommitted stocks of grains and oilseeds as of the end of such fiscal year (as estimated by the Secretary), whichever is less; and "(ii) 10 percent of the Corporation's uncommitted stocks of dairy products, but not less than 150,000 metric tons of such products to the extent that uncommitted stocks are available. The Secretary shall make such estimation of expected year-end levels of the Corporation's uncommitted stocks prior to the beginning of the fiscal year. The Secretary's determination as to the amount of the Corporation's stocks that shall be made available for disposition under this subsection for such fiscal year shall be published in the Federal Register, along with a breakdown by kind of commodity and the quantity of each kind of commodity that shall be made available, before the beginning of such fiscal year. "(C) Of the aggregate amounts made available each fiscal year pursuant to both clauses (i) and (ii) of subparagraph (B), not less than 75,000 metric tons shall be made available to carry out the Food for Progress Act of 1985. "(D)(i) The Secretary— "(I) may waive the minimum quantity requirements of subparagraphs (A) and (B) for a fiscal year to the extent that the Secretary determines and reports to Congress that there are not sufficient requests for eligible commodities under this subsection for such fiscal year, except that the waiver authority of this subclause may not be used to waive the minimum quantity requirement of subparagraph (C); subparagraph (C) in accordance with subsection (f)(2) of the Food for Progress Act of 1985; and "(III) may waive the minimum quantity requirements of subparagraphs (A), (B), and (C) for a fiscal year, if the Secretary determines that the restrictions on the furnishing of commodities under paragraph (3) prevent the meiking available of commodities in such quantities, "(ii) For any fiscal year in which the minimum levels of uncommitted Commodity Credit Corporation stocks specified in subparagraph (B) are not made available and during which any requests for commodities under this subsection are rejected, the Secretary shall provide a detailed, written explanation to Congress, at the end of such fiscal year, of the reasons for the rejections of such requests.
 * (II) may waive the minimum quantity requirement of

Securities.

Federal Register, publication.

Post, p. 1472.

Securities.

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 99 STAT. 1472

PUBLIC LAW 99-198—DEC. 23, 1985

"(IIXA) The Secretary may furnish eligible commodities under this subsection in connection with (i) concessional sales agreements entered into under title I of the Agricultural Trade Development 7 USC 1701. and Assistance Act of 1954 or other statutes, or (ii) agricultural export bonus or promotion programs carried out under the Commod15 USC 714 note, ity Credit Corporation Charter Act or other statutes. "(B) Eligible cominodities may be furnished by the Secretary under this subsection in connection with agreements by recipient countries to acquire additional agricultural commodities from the United States through commercial arrangements. Prohibition. "(C) The amount of any commodity furnished under subparagraphs (A) and (B) of this paragraph in any fiscal year shall not be considered for the purpose of determining whether the requirements of paragraph (lOXA) of this subsection have been met during such fiscal year.. FOOD FOR PROGRESS Food for Progress Act of 1985. 7 USC 1736o. Contracts.

4; i itrtr

7 USC 1731.

SEC. 1110. (a) This section may be cited as the "Food for Progress Act of 1985". (b) In order to use the food resources of the United States more effectively in support of countries that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the President is authorized to enter into agreements with developing countries to furnish commodities made available pursuant to subsections (e) and (f) of this section. Such agreements may provide for commodities to be furnished on a multiyear basis. (c) As used in this section, the term "commodities" means agricultural commodities and the products thereof. (d) In determining whether to enter into an agreement with countries under this section, the President shall consider whether a potential recipient country is committed to carry out, or is carrying out, policies that promote economic freedom, private, domestic production of food commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of such commodities. Such policies may provide for, among other things— (1) access, on the part of farmers in the country, to private, competitive markets for their product; (2) market pricing of commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the country's domestic needs; (3) establishment of market-determined foreign exchange rates; (4) timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers; (5) access to technologies appropriate to the level of agricultural development in the country; and (6) construction of facilities and distribution systems necessary to handle perishable products. (e)(1) The Commodity Credit Corporation shall make available to the President such commodities determined to be available under section 401 of the Agricultural Trade Development and Assistance Act of 1954 as the President may request for purposes of furnishing commodities under this section.

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99 STAT. 1473

(2) Notwithstanding any other provision of law, the Commodity Credit Corporation may use funds appropriated to carry out title I of the Agricultural Trade Development and Assistance Act of 1954 in carrying out this section with respect to commodities made available under that Act. (8) The Commodity Credit Corporation may finance the sale and exportation of commodities, made available under the Agricultural Trade Development and Assistance Act of 1954, which are furnished to a developing country under this section. Payment by a developing country for commodities made available under that Act which are purchased on credit terms under this section shall be on the same basis as the terms provided in section 106 of that Act. (4) In the case of commodities made available under the Agricultural Trade Development and Assistance Act of 1954 for purposes of this section, section 203 of that Act shall apply to commodities furnished on a grant basis to a developing country under this section and section 401(b) of that Act shall apply to all commodities furnished to a developing country under this section. (fKD Commodities made available under section 416(b) of the Agricultural Act of 1949 for use in carrying out this section shall be provided to developing countries on a grant basis. (2) Not less than 75,000 metric tons shall be made available pursuant to section 416(b)(10XC) of the Agricultural Act of 1949 to carry out this section unless the President determines there are an insufficient number of eligible recipients. (3) In carrying out section 416(b) of the Agricultural Act of 1949, the Commodity Credit Corporation may purchase commodities for use under this section if— (A) the Commodity Credit Corporation does not hold stocks of such commodities; or (B) Commodity Credit Corporation stocks are insufficient to satisfy commitments made in agreements entered into under this section and such commodities are needed to fulfill such commitments. (4) No funds of the Commodity Credit Corporation in excess of $30,000,000 (exclusive of the cost of commodities) may be used to carry out this section with respect to commodities made available under section 416(b) of the Agricultural Act of 1949 unless authorized in advance in appropriation Acts. (5) The cost of commodities made available under section 416(b) of the Agricultural Act of 1949 which are furnished under this section, and the expenses incurred in connection with furnishing such commodities, shall be in addition to the level of assistance programmed under the Agricultural Trade Development and Assistance Act of 1954 and may not be considered expenditures for international affairs and finance. (g) Not more than 500,000 metric tons of commodities may be furnished under this section in each of the fiscal years 1986 through 1990. (h) An agreement entered into under this section shall prohibit the resale or transshipment of the commodities provided under the agreement to other countries. (i) In entering into agreements under this section, the President shall take reasonable steps to avoid displacement of any sales of United States commodities that would otherwise be made to such countries.

7 USC 1701.

7 USC 1691 note.

7 USC 1706. 7 USC 1723. 7 USC 1731. Ante, p. 271.

Securities, contracts.

Prohibition.

Prohibition.

Prohibition. Prohibition. President of U.S.

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PUBLIC LAW 99-198—DEC. 23, 1985

President of U.S. (j) Within 90 days after the end of each fiscal year in which an Report. agreement entered into with a country under this section is in effect, the President shall report to the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the status of such agreement and the progress being made to implement private, free enterprise agricultural policies for longterm agricultural development in such country. Effective date (k) TTiis section shall be effective during the period beginning October 1, 1985, and ending September 30, 1990. SALES FOR LOCAL CURRENCIES; PRIVATE ENTERPRISE PROMOTION

7 USC 1708.

Prohibition.

SEC. 1111, (a) The first sentence of section 2 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691) is amended by inserting "to use foreign currencies accruing under this Act to foster and encourage the development of private enterprise in developing countries; to enhance food security in developing countries through local food production;" after "agricultural production;". (b) The Congress finds that additional steps should be taken to use the agricultural abundance produced by American farmers— (1) to relieve hunger and promote long-term food security and economic development in developing countries in accordance with the development assistance policy established under section 102 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1); and (2) to promote United States agricultural trade interests. (c) Section 101 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701) is amended to read as follows: "SEC. 101. (a) In order to carry out the policies and accomplish the objectives set forth in section 2 of this Act, the President is authorized to negotiate and carry out agreements with friendly countries to provide for the sale of agricultural commodities— "(1) for dollars on credit terms; ' "(2) to the extent that sales for dollars under the terms applicable to such sales are not possible, for foreign currencies on credit terms and on terms that permit conversion to dollars at the exchange rate applicable to the sales agreement; or "(3) for foreign currencies for use under section 108 on terms that permit conversion to dollars. "(b)(1) Except as provided in paragraph (2), for each of the fiscal years 1986 through 1990 sales for foreign currencies for use under section 108 under agreements entered into under this title shall be made at an annual level of not less than 10 percent of the aggregate value of all sales of agricultural commodities under this title. "(2) The President may reduce the minimum level of sales for foreign currencies required under paragraph (1) during any fiscal year in which the President determines that the level of agricultural commodities furnished under this title will be significantly reduced as a result of compliance with the requirement under paragraph (1;. "(c) Agreements for sales for foreign currency in a developing country for use under section 108 may not be entered into to the extent that such agreements would generate currency in amounts that cannot be productively used and absorbed in the private sector of such country.

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99 STAT. 1475

"(d) Sales for foreign currencies for use under section 108 under 7 USC 1708 agreements entered into under this title shall be made on such terms and conditions as are specified in such agreements.". 7 USC 1704. (d) Section 103 of such Act (7 U.S.C. 1703) is amended— (1) by inserting ", in section 108," after "section 104" in subsection (b); (2) by striking out "for dollars on credit terms" in the last sentence of subsection (d); (3) in subsection (m)— (A) by inserting "except as provided in section 108," after (m); (B) by striking out the semicolon and inserting in lieu thereof a period; and (C) by adding at the end thereof the following: "In carry- President of U.S. ing out this subsection, the President shall require that foreign currencies to be used under section 108 that are acquired under an agreement for the sale of commodities be convertible to dollars during the period beginning 10 years after the date of the last delivery of such commodities and ending 30 years after the date of such delivery. Such agreement for sale shall establish a schedule for such conversion but need not specify the exchange rate for such conversion;"; (4) by striking out "for dollars on credit terms" and "for cash dollars" in subsection (n); (5) by striking out "Take" in subsection (o) and inserting in lieu thereof "take"; (6) by striking out "Assure convertibility" in subsection (p) and inserting in lieu thereof "except as provided in section 108, assure convertibility"; and (7) by striking out "Assure convertibility" in subsection (q) and inserting in lieu thereof "except as provided in section 108, assure convertibility". (e) The first sentence of section 105 of such Act (7 U.S.C. 1705) is amended by striking out "section 104" and inserting in lieu thereof "sections 104 and 108". (0 Section 106(a) of such Act (7 U.S.C. 1706(a)) is amended by adding at the end thereof the following new paragraph: "(3) Payment for sales made for foreign currencies that are to be used under section 108 under an agreement entered into under this title shall be made on such terms as are specified in such agreement.". (g) Section 106(b) of such Act is amended by adding at the end thereof the following new paragraph: "(4)(A) Notwithstanding any other provision of this subsection, agreements under this title for the sale of agricultural commodities for dollars on credit terms may provide that proceeds from the sale of the commodities in the recipient country shall be used for such private sector development activities as are mutually agreed upon by the United States and the recipient government. "(B) Proceeds used for private sector development activities pursu- Loans. ant to this paragraph shall be deposited in jointly programmed Corporations. accounts to be loaned by the recipient government to one or more Prohibition. financial intermediaries operating within the country for use by those financial intermediaries for loans to private individuals, private and voluntary organizations, corporations, cooperatives, and other entities within such country. In the case of a cooperative or

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 99 STAT. 1476

7 USC 1708. President of U.S. Prohibition.

President of U.S.

Loans. Corporations.

Loans.

PUBLIC LAW 99-198—DEC. 23, 1985

private and voluntary organizations, proceeds may be granted to defray the startup costs of becoming a financial intermediary. Such proceeds shall not be used to promote the production of commodities or the products thereof that will compete, as determined by the President, in world markets with similar commodities or the products thereof produced in the United States.". (h) Such Act is amended by inserting after section 107 (7 U.S.C. 1707) the following new section: "SEC. 108. (a)(1) In order to foster and encourage the development of private enterprise institutions and infrastructure as the base for the expansion, promotion, and improvement of the production of food and other related goods and services within a developing country and pursuant to an agreement for the sale of agricultural commodities entered into under this title, the President may enter into an agreement with a financial intermediary located or operating in such country under which the President shall lend to such financial intermediary foreign currency that accrues as a result of commodity sales to such country under a sales agreement entered into under this title after the date of enactment of the Food Security Act of 1985, Procurement and other contracting requirements, normally applicable to appropriated funds, shall not apply to such foreign currency. "(2) Prior to loaning the foreign currencies as provided in this section, the President shall take such steps as may be necessary to assure that the availability of such foreign currencies to financial intermediaries is adequately publicized within the purchasing country. "(b) To be eligible to obtain foreign currency under this section, a financial intermediary must enter into an agreement with the President under which the intermediary agrees to use such currency to make loans to private individuals, cooperatives, corporations, or other entities within a developing country, at reasonable rates of interest, for the purpose of financing— "(1) productive, private enterprise investment within such } country, including such investment in projects carried out by cooperatives, nonprofit voluntary organizations, and other entities found to be qualified by the President; "(2) private enterprise facilities for aiding the utilization and distribution, and increasing the consumption of and markets for. United States agricultural commodities and the products thereof; or "(3) private enterprise support of self-help measures and projects. "(c) An agreement entered into under this section shall specify the terms and conditions under which the foreign currency shall be used and subsequently repaid, including the following terms and conditions: "(1) A financial intermediary shall, to the maximum extent feasible, give preference to the financing of agricultural related private enterprise with the funds provided under this section. "(2)(A) A financial intermediary shall repay a loan made under this section, plus accrued interest, at such times and in such manner as will permit conversion of such foreign currency to dollars in accordance with the schedule for such conversion. "(B) A financial intermediary may repay a loan made under ^ this section prior to the repa3mient date specified in such agreement. .^ ?

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99 STAT. 1477

 * . "(3) To be eligible to receive financing from a financial

intermediary under this section, an entity or venture must— "(A) be owned, directly or indirectly, by citizens of the developing country or any other country eligible to participate in a sales agreement entered into under this title, except that up to 49 percent of such ownership interest may J be held by citizens of the United States; and ,t "(B) not be owned or controlled, in whole or in part, by \'-. the government or any governmental subdivision of the developing country. "(4)(A) The rate of interest charged on funds loaned to a financial intermediary under this section shall be such rate as is determined by the President gmd the intermediary. "(B) In the case of a cooperative or nonprofit voluntary Grants. ! agency that is acting as a financial intermediary, the President may charge a lower rate of interest on funds loaned to such intermediary under this section than is charged to other types of intermediaries or make a grant from currencies received from sales made under section 101(a)(3) of this Act to defray the Ante, p. 1474. startup costs of becoming a financial intermediary. "(5) No currency made available under this section may be Prohibition. used to promote the production of agricultural commodities or the products thereof that will compete, as determined by the President, in world markets with similar agricultural commod• ities or the products thereof produced in the United States. 5 ^ "(6) The President may not require a developing country to Prohibition. guarantee the repayment of a loan made to a financial Loans. intermediary under this section as a condition of receipt of such loan.

"(7) A financial intermediary shall teike such steps as may be Loans, necessary to publicize in the developing country the availability of loan funds under this section. "(d)(1) AH currencies repaid by financial intermediaries under agreements entered into under this section shall be deposited and accounted for in accordance with section 105. Ante, p. 1475. "(2) Currencies repaid by financial intermediaries shall, as determined by the President— "(A) be used to finance additional productive, private enterprise investment under agreements with financial intermediaries entered into under this section; "(B) be used for the development of new markets for United States agricultural commodities; "(C) be used for the payment of United States obligations (including obligations entered into pursuant to other laws of the United States); or "(D) be converted to dollars. "(3) Section 1306 of title 31, United States Code, shall apply to currencies used for the purpose specified in paragraph (2)(C). "(e)(1) Any agreement entered into under this section and section 106(b)(4) shall be subject to periodic audit to determine whether the Ante, p. 1475. terms and conditions of the agreement are being fulfilled. "(2) Not later than 180 days after the end of each fiscal year, the President of U.S. President shall report to the House of Representatives and the (Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate on the activities carried out

under this section and section 106(b)(4) during the preceding fiscal year, including an evaluation of the impact of investment under this

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99 STAT. 1478 Ante, p. 1475.

section and section 106(b)(4) on the development of agriculturalrelated private enterprise in each participating country. "(0 The President may provide agricultural technical assistance to further the purposes of this section, including the funding of market development activities. To the maximum extent practicable, the President shall use at least 5 percent of the foreign currencies obtained for use under this section from sales of agricultural commodities made under agreements entered into under this title after the date of enactment of the Food Security Act of 1985 to carry out such assistance. "(g) For each of the fiscal years 1986 through 1990, and in accordance with the provisions of section 106(b)(4) and this section, the President is encouraged to channel foreign currencies, in an amount equivalent to 25 percent of the value of sales agreements under this title, for loans for private enterprise investment provided there are appropriate proposals for such an amount of foreign currencies. "(h) The provisions of this section apply notwithstanding any other provision of law. "(i) As used in this section and in section 106(b)(4)— "(1) the term 'developing country' means a country that is eligible to participate in a sales agreement entered into under this title; and "(2) the term 'financial intermediary' means a bank, financial institution, cooperative, nonprofit voluntary agency, or other organization or entity, as determined by the President, that has the capability of making and servicing a loan in accordance with this section.". •''

7 USC 1691 note.

Health and medical care.

7 USC 1709 note.

Reports.

22 USC 2394.

CHILD IMMUNIZATION

SEC. 1112. (a) The Agricultural Trade Development and Assistance Act of 1954 is amended— (1) in paragraph (11) of section 109 (7 U.S.C. 1709(11)) by inserting immediately before the period at the end thereof ", including the immunization of children"; (2) in the first sentence of section 206 (7 U.S.C. 1726) by striking out "or" before "(B)", and by inserting immediately before the period at the end thereof ", or (C) health programs and projects, including immunization of children"; and (3) in the second sentence of section 301(b) (7 U.S.C. 1727(b)) by inserting "(including immunization of children)" immediately after "health services". (b) In the implementation of health programs undertaken in relation to assistance provided under the Agricultural Trade Development and Assistance Act of 1954, it shall be the goal of the organizations and agencies involved to provide as many additional immunizations of children as possible. Such increased immunization activities should be taken in coordination with similar efforts of other organizations and in keeping with any national plans for expanded programs of immunization. The President shall include information concerning such immunization activities in the annual reports required by section 634 of the Foreign Assistance Act of 1961, including a report on the estimated number of immunizations provided each year pursuant to this subsection.

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PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1479

SPECIAL ASSISTANT FOR AGRICULTURAL TRADE AND POOD AID

SEC. 1113. (a) The President shall appoint a Special Assistant to 7 USC 1736-1. the President for Agricultural Trade and Food Aid (hereinafter in this section referred to as the "Special Assistant"). (b) The Special Assistant shall serve in the Executive Office of the President. (c) The Special Assistant shall— (1) assist and advise the President in order to improve and enhance food assistance programs carried out in the United States and foreign countries; (2) be available to receive suggestions and complaints concerning the implementation of United States food aid and agricultural export programs an3rwhere in the United States Government and provide prompt responses thereto, including expediting the program implementation in any instances in which there is unreasonable delay; (3) make recommendations to the President on means to coordinate and streamline the manner in which food assistance progrsims are carried out by the Department of Agriculture and the Agency for International Development, in order to improve their overall effectiveness; (4) make recommendations to the President on measures to be taken to increase use of United States agricultural commodities and the products thereof through food assistance programs; Commerce and (5) advise the President on agricultural trade; (6) advise the President on the Food for Progress Program and trade. expedite its implementation; (7) serve as a member of the Development Coordination Committee and the Food Aid Subcommittee of such Committee; (8) advise departments and agencies of the Federal Government on their policy guidelines on basic issues of food assistance policy to the extent necessary to assure the coordination of food assistance programs, consistent with law, and with the advice of such Subcommittee; and (9) submit a report to the President and Congress each year Report through 1990 containing— (A) a global analysis of world food needs and production; (B) an identification of at least 15 target countries which are most likely to emerge as growth markets for agricultural commodities in the next 5 to 10 years; and (C) a detailed plan for using available export and food aid authorities to increase United States agricultural exports to those targeted countries. (d) The Special Assistant shall also— (1) solicit information and advice from private and governmental sources and recommend a plan to the President and Congress on measures that should be taken— (A) to promote the export of United States agricultural commodities and the products thereof; and (B) to expand export markets for United States agricultural commodities and the products thereof; (2) develop and recommend to the President national agricultural policies to foster and promote the United States agricultural industry and to maintain and increase the strength of this vitally important sector of the United States economy; and

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PUBLIC LAW 99-198—DEC. 23, 1985

(3)(A) appraise the various programs and activities of the Federal Government, as they affect the United States agricultural industry, for the purpose of determining the extent to which such programs and activities are contributing or not contributing to such industry; and (B) make recommendations to the President and Congress with respect to the effectiveness of such programs and activities in contributing to such industry, (d) Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following new item: "Special Assistant for Agricultural Trade and Food Aid." Subtitle B—Maintenance and Development of Export Markets TRADE POLICY DECLARATION

7 USC I736p.

- ( 5 •' »^'

j^,.,..

SEC. 1121. (a) Congress finds that— (1) the volume and value of United States agricultural exports have significantly declined in recent years as a result of unfair foreign competition and the high value of the dollar; (2) this decline has been exacerbated by the lack of uniform and coherent objectives in United States a^cultural trade policy and the absence of direction and coordination in trade policy formulation; (3) agricultural interests have been under-represented in councils of government responsible for determining economic policy that has contributed to a strengthening of the United States dollar; (4) foreign policy objectives of the United States have been introduced into the trade policy process in a manner injurious to the goal of msiximizing United States economic interests through trade; and (5) the achievement of that goal is in the best interests of the United States. (b) It is hereby declared to be the agricultural trade policy of the United States to— (1) provide through all means possible agricultural commodities and their products for export at competitive prices, with full assurance of quality and reliability of supply; (2) support the principle of free trade and the promotion of fairer trade in agricultural commodities and their products; (3) cooperate fully in all efforts to negotiate with foreign countries reductions in current barriers to fair trade; (4) counter aggressively unfair foreign trade practices using all available means, including export restitution, export bonus programs, and, if necessary, restrictions on United States imports of foreign agricultural commodities and their products, as a means to encourage fairer trade; (5) remove foreign policy constraints to maximize United States economic interests through agricultural trade; and (6) provide for consideration of United States agricultural trade interests in the design of national fiscal and monetary policy that may foster continued strength in the value of the dollar. V

7 USC I736q.

TRADE UBERAUZATION

SEC. 1122. (a) Congress finds that—

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99 STAT. 1481

^

(1) the present high level of agricultural protectionism contrasts sharply with the general trade liberalization that has been achieved since the inception of the General Agreement on Tariffs and Trade (hereinafter referred to as "GATT"); and (2) GATT procedures should explicitly recognize the protective effect of domestic subsidies that alter trade indirectly by reducing the demand for imports and increasing the supply of exports. (b) It is the sense of Congress that the President should negotiate with other parties to GATT to revise GATT rules and codes with the goal of reducing agricultural export subsidies, tariffs, and nontariff barriers to trade.

i K

AGRICULTURAL TRADE CONSULTATIONS

SEC. 1123. (a) To improve the orderly marketing of United States 7 USC I736r. agricultural commodities, to achieve higher income for United States producers of agricultural commodities, and to reduce the likelihood of an agricultural commodity price war and the need for export subsidy programs, the Secretary of Agriculture shall, in coordination with the United States Trade Representative, confer with representatives of other major agricultural producing countries and, at the earliest possible date, initiate and pursue agricultural trade consultations among major agricultural producing countries. (b) It is the sense of Congress that the objectives of the consultations called for in subsection (a) should be to— (1) increase the exchange of information on worldwide agricultural production, demand, and commodity supply levels; (2) determine a more equitable sharing of responsibility for maintaining £^ricultural commodity reserves and managing supplies of agricultural commodities; and (3) attain increased cooperation in restraining export subsidy programs. (c) The Secretary of Agriculture shall report to Congress by July 1, 1986, and annually thereafter through fiscal year 1990, on the progress of efforts to initiate and pursue the consultations called for in subsection (a), including any agreements reached with respect to the objectives set forth in subsection (b). TARGETED EXPORT ASSISTANCE

SEC. 1124. (a) For export activities authorized to be carried out by 7 USC I736s. the Secretary of Agriculture or the Commodity Credit Corporation, the Secretary of Agriculture shall use under this section, in addition to any funds or commodities otherwise required under this Act to be used for such activities, for the fiscal year ending September 30, 1986, and each of the fiscal years thereafter through September 30, 1990, not less than $325,000,000 of funds of, or an equal value of commodities owned by, the Corporation. (b)(1) Funds or commodities made available for use under this section shall be used by the Secretary only to counter or offset the adverse effect on the export of a United States agricultural commodity or the product thereof of a subsidy (as defined in paragraph (2)), import quotas, or other unfair trade practices of a foreign country (2) As used in paragraph (1), the term subsidy includes an export subsidy, tax rebate on exports, financial assistance on preferential terms, financial assistance for operating losses, assumption of costs

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 99 STAT. 1482

98 Stat. 3002, 3003, 3005.

PUBLIC LAW 99-198—DEC. 23, 1985

or expenses of production, processing, or distribution, a differential export tax or duty exemption, a domestic consumption quota, or other method of furnishing or ensuring the availability of raw materials at artificially low prices. (c) The Secretary shall provide export assistance under this section on a priority basis in the case of— (1) agricultural commodities and the products thereof with respect to which there has been a favorable decision under section 301 of the Trade Act of 1974 (19 U.S.C. 2411); or (2) agricultural commodities and the products thereof for which exports have been adversely affected, as defined by the Secretary, by retaliatory actions related to a favorable decision under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). SHORT-TERM EXPORT CREDIT

7 USC I736t.

Prohibition.

SEC. 1125. (a) In making available any guarantees of the repayment of credit extended on terms of up to 3 years in connection with the export sale of United States agricultural commodities or the products thereof, the Commodity Credit Corporation shall take into account— (1) the credit needs of countries that are potential purchasers of United States agricultural exports; (2) the creditworthiness of such countries; and (3) whether the availability of Commodity Credit Corporation guarantees will improve the competitive position of United States agricultural exports in world markets. (b) Effective for the fiscal year ending September 30, 1986 and each fiscal year thereafter through the fiscal year ending September 30, 1990, the O)mmodity Credit (]!orporation shall make avgdlable not less than $5,000,000,000 in credit guarantees under its export credit guarantee program for short-term credit extended to finance the export sales of United States agricultural commodities and the products thereof. (c) Notwithstanding any other provision of law, the Secretary of Agriculture may not charge an origination fee with respect to any credit guarantee transaction under the Exjwrt Credit Guarantee Program (GSM-102) in excess of an amount equal to one percent of the credit extended under the transaction. COOPERATOR MARKET DEVELOPMENT PROGRAM

7 USC I736u.

7 USC I736u.

SEC. 1126. (a) It is the sense of Congress that the cooperator market development program of the Foreign Agricultural Service should be continued to help develop new markets and expand and maintain existing markets for United States agricultural commodities, using nonprofit agricultural trade organizations to the maximum extent practicable. 0)) The cooperator market development program shall be exempt from the requirements of Circular A 110 issued by the Office of Management and Budget. (c) Subclause (B) of section 1207(a)(5) of the Agriculture and Food Act of 1981 (7 U.S.C. 1736m(a)(5)(B)) is amended to read as follows: "(B) funding an export market development program for valueadded farm products and processed foods at a higher funding level than that provided during the fiscal year ending September 30, 1985; and". .......,..,-.,.

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99 STAT. 1483

DEVELOPMENT AND EXPANSION OF MARKETS FOR UNITED STATES AGRICULTURAL COMMODITIES

SEC. 1127. (a)(1) Notwithstanding any other provision of law, the Secretary of Agriculture (hereafter in this section referred to as the "Secretary") shall formulate and carry out a program under which agricultural commodities and the products thereof acquired by the Commodity Credit Corporation are provided to United States exporters, users, and processors and foreign purchasers at no cost to encourage the development, maintenance, and expansion of export markets for United States agricultural commodities and the products thereof, including value-added or high-value agricultural products produced in the United States. (2)(A) The term "agricultural commodities", as used in this section in referring to United States agricultural commodities, includes, but is not limited to— (i) wheat, feed grains, upland cotton, rice, soybeans, and dairy products produced in the United States; (ii) any other agricultural commodity produced in the United States that is determined by the Secretary of Agriculture to be in surplus supply and that can be purchased with funds available under section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935; and (iii) products of the commodities and products described in clauses (i) and (ii) that are processed in the United States. (B) United States agricultural commodities, as described in clause (ii) of subparagraph (A), may not be purchased with funds available under section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935, for the sole purpose of use under the program under this section; and such commodities, or products thereof, may not be furnished to a United States user, exporter, processor, or foreign purchaser under the program under this section except by mutual agreement of such user, exporter, processor, or purchaser and the Secretary. (3) In carrying out paragraph (1), the Secretary may provide such commodities in order to make United States commodities more competitive and shall, to the extent necessary, provide such commodities and products— (A) to counter or offset— (i) the adverse effect on the export of a United States agricultural commodity or the product thereof of a subsidy (as defined in paragraph (4)) or other unfair trade practice of a foreign country that directly or indirectly benefits producers, processors, or exporters of agricultural commodities in such foreign country; (ii) the adverse effects of United States agricultural price support levels that are temporarily above the export prices offered by overseas competitors in export markets; or (iii) fluctuations in the exchange rate of the United States dollar against other major currencies; and (B) in conjunction with an intermediate export credit program conducted by the Commodity Credit Corporation— (i) for the export sale of breeding animals (including, but not limited to, cattle, swine, sheep, and poultry), including

7 USC 1736v.

7 USC 6l2c.

Prohibitions.

Animals.

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 99 STAT. 1484

PUBLIC LAW 99-198—DEC. 23, 1985

the cost of freight from the United States to designated points of entry in other nations; and .j„ (ii) for the establishment of facilities in the importing nation to improve handling, marketing, processing, storage, or distribution of imported agricultural commodities (through the use of local currency generated from the import and sale of United States agricultural commodities or the products thereof to finance all or part of such facilities). (4) As used in paragraph (3)(A)(i), the term "subsidy" includes an export subsidy, tax rebate on exports, financial assistance on preferential terms, financial assistance for operating losses, assumption of costs or expenses of production, processing, or distribution, a differential export tax or duty exemption, a domestic consumption quota, or other method of furnishing or ensuring the availability of raw materials at artificially low prices. (b) In carrying out the program established by this section, the Secretary of Agriculture— (1) shall take such action as may be necessary to ensure that the program provides equal treatment to domestic and foreign purchasers and users of United States agricultural commodities and the products thereof in any case in which the importation ' of a manufactured product made, in whole or in part, from a commodity or the product thereof made available for export under this section would place domestic users of the commodity or the product thereof at a competitive disadvantage; (2) shall, to the extent that agricultural commodities and the products thereof £u*e to be provided to foreign purchasers during any fiscal year, consider for participation all interested foreign purchasers, giving priority to those who have traditionally purchased United States agricultural commodities and the products thereof and who continue to purchase such commodities and the products thereof on an annual basis in quantities greater than the level of purchases in a previous representative period; (3) shall encourage increased use and avoid displacing usual marketings of United States agricultural commodities and the products thereof; (4) shall take reasonable precautions to prevent the resale or transshipment to other countries, or use for other than domestic use in the importing country, of agricultural commodities or the products thereof the export of which is assisted under this section; and (5) may provide to a United States exporter, user, processor, or foreign purchaser, under the program, agricultural commodities of a kind different than the agricultural commodity involved in the transaction for which assistance under this section is being provided. (c)(1) If a country does not meet the financial qualifications for export credit or credit guarantees provided by the Commodity Credit Corporation, the Secretary may provide to such country agricultural commodities and the products thereof acquired by the Corporation to the extent necessary to reduce the cost to such country of purchasing United States agricultural commodities and to allow such country to meet such qualifications. (2) The Secretary shall review and adjust annually the quantity of commodities provided to a country under paragraph (1) in order to encourage such country to place greater reliance on increased use of

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1485

commercial trade to meet the qualifications referred to in paragraph (1). (d)(l) In carrying out this section, the Secretary may make green dollar export certificates available to commercial exporters of United States agricultural commodities and the products thereof. (2) The Secretary shall make such certificates available under such terms and conditions as the Secretary determines appropriate. (3) The amount of such certificates to be made available to an exporter may be determined— (A) on the basis of competitive bids submitted by exporters; or (B) by announcement of the Secretary. (4)(A) An exporter may redeem a green dollar export certificate for commodities owned by the Commodity Credit Corporation. (B) For purposes of redeeming such certificates, the Secretary may establish values for such commodities that are different than the acquisition prices of such commodities. (5) Such certificates— (A) may be transferred among commercial exporters of United States agricultural commodities; and (B) shall be redeemed within 6 months after the date of issuance. (e) The Secretary of Agriculture shall carry out the program established by this section through the Commodity Credit Corporation. (f) Any price restrictions that otherwise may be applicable to dispositions of agricultural commodities owned by the Commodity Credit Corporation shall not apply to agricultural commodities provided under this section. (g) The program established under this section shall be in addition to, and not in place of, any authority granted to the Secretary of Agriculture or the Commodity Credit Corporation under any other provision of law. (h) The authority provided under this section shall terminate on September 30, 1990. (i) During the period beginning October 1, 1985, and ending September 30, 1988, the Secretary shall use agricultural commodities and the products thereof referred to in subsection (a) that are equal in value to not less than $2,000,000,000 to carry out this section. To the maximum extent practicable, such commodities shall be used in equed amounts during each of the years in such period.

Prohibition.

Termination.

POULTRY, BEEF AND PORK MEATS AND MEAT-FOOD PRODUCTS, J'ipl \ EQUITABLE TREATMENT

SEC. 1128. In the case of any program operated by the Secretary of 7 USC I736w. Agriculture during the years 1986 through 1989, for the purpose of encouraging or enhancing commercial ssdes in foreign export markets of agricultural products or commodities produced in the United States, which program includes the payment of a bonus or incentive (in cash, commodities, or other benefits) provided to the purchaser, the Secretary shall seek to expend annually at least 15 per centum of the total funds available (or 15 per centum of the value of any commodities employed to encourage such sales) for program activities to likewise encourage and enhance the export sales of poultry, beef or pork meat and meat products.

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99 STAT. 1486 < if

7 USC 1431.

Report.

PILOT BARTER PROGRAM FOR EXCHANGE OF AGRICULTURAL COMMODITIES FOR STRATEGIC MATERIALS

SEC. 1129. Section 416 of the Agricultural Act of 1949 is amended by adding at the end thereof the following: "(d)(1) The Secretary shall establish and carry out a pilot program under which strategic or other materials that the United States does not produce domestically in amounts sufficient for its requirements and for which national stockpile or reserve goals established by law are unmet shall be acquired in exchange for commodities meeting the criteria specified in subsection (a). "(2) The program established \inder paragraph (1) shall be carried out through agreements with at least two countries. "(3) In establishing the pilot program under paragraph (2), the Secretary shall give priority to— ''(A) the acquisition of materials that involve less risk of loss through deterioration and have lower storage costs than the agricultural commodities or products for which they are exchanged; and "(B) nations with food and currency reserve shortages. "(4) To the extent practical, the Secretary shall use private channels of commerce to consummate any exchange of commodities for materials under the program. "(5) Any materials acquired under the programs shall be held by the Commodity Credit Corporation and may be transferred, on a reimbursable basis, to any Department or agency of the United States that has responsibility for any reserve or other need for the material. Any material acquired, in excess of any required reserve, may be sold by the Corporation to the extent authorized by the Secretary taking into consideration any effect that such sale may have on the commercial market of such material. "(6) The program established by the Secretary shall be carried out during the fiscal years ending September 30, 1986, and September 30, 1987, and the Secretary shall submit a report to Congress, not later than 60 days after the end of each such fiscal year with respect to the operation of the program.". AGRICULTURAL EXPORT CREDIT REVOLVING FUND

SEC. 1130. Section 4(d)(6) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(d)(6)) is amended by striking out "1985" both places it appears and inserting in lieu thereof "1990". INTERMEDIATE EXPORT CREDIT

Loans.

SEC. 1131. Section 4(b) of the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)) is amended— (1) by adding at the end of paragraph (1) the following new sentence: "In addition, the Corporation may guarantee the repayment of lo€uis made to finance such sales.; (2) in paragraph (2)— (A) by inserting ", and no loan may be guaranteed," after "financed"; (B) by striking out "or" at the end of clause (A); • (C) by striking out the period at the end of clause (B) and inserting in lieu thereof; or"; and (D) by inserting at the end thereof the following new clause: '

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99 STAT. 1487

"(C) otherwise promote the export of United States agricultural commodities."; (3) by striking out paragraph (7); (4) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (5) by inserting after paragraph (2) the following new paragraph: "(3) The Secretary is encouraged, to the maximum extent practicable, to finance or guarantee the export sales of agricultural commodities under this subsection to purchasers from— "(A) countries that are previous recipients of credit extended under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); "(B) countries unable, as determined by the Secretary, to utilize other short-term export credit programs offered by the Secretary or the Commodity Credit Corporation; and "(C) countries that are friendly countries, as defined in section 103(d) of such Act (7 U.S.C. 1703(d))."; (6) in paragraph (4) (as redesignated by clause (4))— (A) by inserting "or guarantees" after "financing"; (B) by striking out ' ^ n d " at the end of subparagraph (C); (C) by striking out "credit" in subparagraph (D); (D) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof a semicolon; and (E) by adding at the end thereof the following new subparagraphs: "(E) to finance the importation of agricultural commodities by developing nations for use in meeting their food and fiber needs; and "(F) otherwise to promote the export sales of agricultural commodities."; (7) in paragraph (5) (as redesignated by clause (4))— (A) by inserting "or guarantees after "financing"; and (B) by striking out "to encourage credit competition, or"; (8) in paragraph (6) (as redesignated by clause (4))— (A) by inserting "(A)" aiter the paragraph designation; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (C) by amending clause (i) (as redesignated) to read as follows: "(i) Repa3mient shall be in dollars with interest at a rate determined by the Secretary."; and (D) by adding at the end thereof the following new subparagraph: "(B) Contracts of guarantee under this subsection shall contain Contracts. such terms and conditions as the Commodity Credit Corporation shall determine."; (9) by inserting "or guarantees" after "financing" in paragraph (7) (as redesignated by clause (4)); (10) by inserting "or guaranteed" aJter "financed" in paragraph (8); and (11) by adding at the end thereof the following new paragraph: "(10) For purposes of guaranteeing export sales under this subsection, the Commodity Credit Corporation shall make available— "(A) for each of the fiscal years ending September 30, 1986, through September 30, 1988, not less than $500,000,000; and

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 of Lincoln, was born in Oxfordshire, probably at Henley-on-Thames, and was admitted on 1 June 1522 a scholar of Corpus Christi College, Oxford, whence he graduated B.A. on 15 Dec. 1523, according to Wood (Fasti, ed. Bliss, i. 63). This degree having been completed by determination, he went to Paris, and there graduated M.A. On 4 June 1523 he was collated by his uncle to the prebend of Centum Solidorum in the church of Lincoln, and he resigned it for that of Cropredy in 1525. He appears to have resided for some time at Bruges, as John Ludovicus Vivès, writing from that city on 8 July 1524 to Bishop Longland, the king's confessor, says: ‘Richard Pate, your sister's son, and Antony Barcher, your dependant, are wonderfully studious’ (, Letters and Papers of Henry VIII, vol. iv. pt. i. p. 203). In 1526 he was made archdeacon of Worcester. On 11 March 1526–7 he had the stall of Sanctæ Crucis, alias Spaldwick, in the church of Lincoln, and on 22 June 1528 the stall of Sutton cum Buckingham in the same church. On this latter date he was also made archdeacon of Lincoln upon the death of William Smith, doctor of decrees. His uncle, the bishop, wrote to Wolsey on 15 July 1528: ‘There is a house in the close at Lincoln, belonging to the late archdeacon, which I should be glad of for a residence for my nephew, Richard Pate, archdeacon of Lincoln, whom I should like to settle there’ (ib. vol. iv. pt. ii. p. 1973).

In November 1533 Pate was appointed to be the king's ambassador resident in the court of the emperor, Charles V. During his absence the bishop of Lincoln was not unmindful of his nephew's interests, and in a letter dated 27 Sept. 1535 he desired Cromwell's favour for the archdeacon of Lincoln, ‘whose great charges at this time are beyond what his income can bear,’ and shortly afterwards he sought leave for the archdeacon to license his officers to visit his archdeaconry, ‘or he will lack money to serve the king where he is, for this is the chief time of his profits.’ In April 1536 Pate was at Rome with the emperor, who complained of the course adopted by the king of England, and energetically defended his own action on behalf of his aunt, Catherine of Arragon. Subsequently he accompanied the emperor to the Low Countries. Soon afterwards he was recalled to England, and Sir Thomas Wyatt succeeded him as ambassador in the emperor's court in March 1536–7. In June 1536 he had supplicated for the degree of B.D. at Oxford.

On 8 July 1541 Pope Paul III ‘provided’ Pate to the bishopric of Worcester, which had been vacated by the death of Cardinal Jerome Ghinucci, who had been deprived of the temporalities of the see in 1535 on account of his being a foreigner. Bishop Stubbs assigns the appointment and consecration of Pate to 1554, when he received the temporalities from Queen Mary (Registrum Sacrum Anglicanum, p. 81). It is to be noted that Nicholas Heath [q. v.], who was placed in this see by Henry VIII in 1543, although rehabilitated by Cardinal Pole, and made archbishop of York, was not recognised by the pope as bishop of Worcester. In his ‘provision’ to York, Heath is styled ‘clericus Eboracensis’ (, Episcopal Succession in England, i. 51, 52). Pate attended the council of Trent as bishop of Worcester, his first appearance there being in the session which opened on 21 April 1547. He was also present at the sittings of the council in September 1549 and in 1551. He remained in banishment during the reign of Edward VI. In 1542 he had been attainted of high treason, whereupon his archdeaconry was bestowed on George Heneage, and his prebend of Eastharptre in the church of Wells on Dr. John Heryng.

On the accession of Queen Mary he returned to this country. His attainder was reversed, and on 5 March 1554–5 he obtained possession of the temporalities of the see of Worcester (, Fœdera, xv. 415). Queen Elizabeth deprived him of the temporalities in June 1559, and cast him into prison. He was in the Tower of London on 12 Feb. 1561–2, when he made his will, which has been printed by Brady. On regaining his liberty he withdrew to Louvain, where he died on 5 Oct. 1565. Mass is still said for him every year at the English College, Rome, on the anniversary of his death.

One of the figures in Holbein's celebrated picture of ‘The Ambassadors,’ now in the National Gallery, is believed to represent Pate (Times, 8 Dec. 1891).

[Baker's Northamptonshire, i. 697; Bedford's Blazon of Episcopacy, p. 108; Chambers's Biographical Illustrations of Worcestershire, p. 62; Dodd's Church Hist. i. 488; Foster's Alumni Oxonienses, 1500–1714, iii. 1126; Fowler's History of Corpus Christi College, Oxford, pp. 86, 88, 382; Godwin, De Præsulibus, ed. Richardson, p. 470; Humfredus, Vita Juelli, 1573, p. 179; Kennett MSS. xlvi. 298; Le Neve's Fasti; Notes and Queries, 1st ser. vi. 203, 2nd ser. v. 378; Oxford University Register, i. 131; Thomas's Survey of the Cathedral of Worcester, 1736, pt. ii. pp. 209–10; Willis's Survey of Cathedrals, ii. 646; Wood's Athenæ Oxonienses, ii. 794, and Fasti Oxonienses, i. 19, 62, 63, 85, ed. Bliss.]