text:
Page:United States Statutes at Large Volume 95.djvu/1274

 95 STAT. 1248

PUBLIC LAW 97-98—DEC. 22, 1981 REPORT ON TRADING OP RICE FUTURES

7 USC 1441 note.

SEC. 603. The Secretary of Agriculture shall by July 31, 1983, submit a report to Congress evaluating the trading of rice futures on the commodity exchanges. The report shall contain an assessment as to whether the rice futures prices effectively reflect the market prices for rice except for certain factors such as carrying charges and storage costs. In addition, the S e c r e t ^ shall include in such report an assessment of the feasibility of using the seasonal average price received by farmers for rough rice or the futures price for rice as a basis for calculating the support and loan rate for rice as provided for 7 USC 1421 note, in the Agricultural Act of 1949. Such report shall contain any other recommendations of the Secretary as may relate to these matters. TITLE Vn—PEANUTS SUSPENSION OF MARKETING QUOTAS AND ACREAGE ALLOTMENTS

SEC. 701. The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 1982 through 1985 crops of peanuts: 7 USC 1358 note. (1) Subsections (a) through (j) of section 358; 7 USC 1358a (2) Subsections (a) through (h) of section 358a; note. (3) Subsections (a), (b), (d), and (e) of section 359; 7 USC 1359 note. (4) Part I of subtitle C of title IH; and 7 USC 1361 note. (5) Section 371. 7 USC 1371 note. NATIONAL POUNDAGE QUOTA AND FARM POUNDAGE QUOTA

7 USC 1358.

SEC. 702. Effective only for the 1982 through 1985 crops of peanuts, section 358 of the Agricultural Adjustment Act of 1938 is amended by adding at the end thereof new subsections as follows: "(k) The national poundage quota for peanuts for each marketing year shall be 1,200,000 tons for 1982; 1,167,300 tons for 1983; 1,134,700 tons for 1984; and 1,100,000 tons for 1985. "(IXD The national poundage quota established under subsection (k) of this section shall be apportioned among the States so that the poundage quota allocated to each State shall be equal to the percentage of the national poundage quota allocated to farms in the State for 1981. "(2) Notwithstanding any other provision of this section— "(A) Beginning with the 1982 marketing year, the reduction in the poundage quota allocated to any State for any marketing year below the poundage quota allocated to such State for the immediately preceding marketing year (which poundage quota, for the 1981 marketing year, shall be deemed to be the total of the farm poundage quotas allocated to farms in the State for such marketing year) shall, insofar as practicable and on such fair and equitable basis as the Secretary may by regulation prescribe, be accomplished by reducing the farm poundage quote for each farm in the State to the extent that the farm poundage quote has not been produced on such farm. For purposes of the foregoing sentence, the farm poundage quote shall be considered as not having been produced on a farm to the extent that (i) during any crop year immediately preceding the crop year for which the adjustment is being made, such quote was not actually produced on the farm because there was inadequate tillable cropland available on the farm to produce such quote; or (ii) during any

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text:
Page:United States Statutes at Large Volume 95.djvu/1275

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1249

two of the three crop years immediately preceding the crop year for which the adjustment is made, (I) such quota was not actually produced for any other reason (other than natural disasters or such other reasons as the Secretary may prescribe), or (II) such quota was produced but by another operator on a farm to which the poundage quota (or the acreage allotment upon which such poundage quota was based) was transferred by lease. To achieve the reduction in the State poundage quota in any marketing year, the reductions in farm poundage quotas shall be made first under clause (i) of the preceding sentence and, if necessary, under clause (iiXD and then clause (iiXII) thereof. "(B) If application of the provisions of subparagraph (A) of this paragraph results in a total reduction of farm poundage quotas that exceeds the reduction in the State poundage quota for the marketing year, the reductions in the farm poundage quotas shall be adjusted upward by the Secretary so that the total reduction of farm poundage quotas equals the reduction in the State poundage quota. "(C) If application of the provisions of subparagraph (A) of this paragraph results in a total reduction of farm poundage quotas that is less than the reduction in the State poundage quota for the marketing year, the balance of the reduction in the State poundage quota shall be accomplished by such further reduction in farm poundage quotas for farms in the State as the Secretary determines to be fair and equitable, "(m)(1) A farm poundage quota shall be established for each farm which had an acreage allotment for the 1981 crop year. The farm poundage quota for any such farm for the 1982 through 1985 marketing years shall be the same as the farm poundage quota for such farm for the immediately preceding marketing year, as adjusted under subsection (1) of tms section, but not including any increases for undermarketings from previous marketing years, except that if the farm poundage quota, or any part thereof, is permanently transferred in accordance with section 358a of this Act, the receiving farm 7 USC I358a. shall be considered as possessing the farm poundage quota (or portion thereof) of the transferring farm for all subsequent marketing years. "(2) The farm poundage quota so determined shall be increased by the number of pounds by which total marketings of quota peanuts from the farm during previous marketing years (excluding any marketing year before the marketing year for the 1980 crop) were less than the total amount of the applicable farm poundage quotas (disregarding adjustments for undermarketings from prior marketing years) for such marketing years. Increases in farm poundage quotas made under this paragraph shall not be counted against the national poundage quota for the marketing year involved. "(3) Notwithstanding the foregoing provisions of this subsection, if the total of all increases in individual farm poundage quotas under paragraph (2) of this subsection exceeds 10 per centum of the national poundage quota for the marketing year in which such increases shall be applicable, the Secretary shall adjust such increases so that the total of all such increases does not exceed 10 per centum of the national poundage quota. "(n) For each farm for which a farm poundage quota was established for the 1981 crop of peanuts, and when necessary for purposes of this Act, a farm yield of peanuts shall be determined for each farm. Such jdeld shall be equal to the average of the actual yield per acre on the farm for each of the three crop years in which yields were highest on the farm out of the five crop years 1973 through 1977. In the event

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text:
Page:United States Statutes at Large Volume 95.djvu/1276

 95 STAT. 1250

Referendum.

Definitions. 7 USC 1441.

7 USC 1359.

PUBLIC LAW 97-98—DEC. 22, 1981

that peanuts were not produced on the farm in at least three years during such five-year period or there was a substantial change in the operation of the farm during such period (including, but not limited to, a change in operator, lessee who is an operator, or irrigation practices), the Secretary shall have a jdeld appraised for the farm. The appraised yield shall be that amount determined to be fair and reasonable on the basis of jdelds established for similar farms which are located in the area of the farm and on which peanuts were produced, taking into consideration land, labor, and equipment available for the production of peanuts, crop rotation practices, soil and water, and other relevant factors. "(o) Not later than December 15 of each calendar year (or in the case of the 1982 crop, as soon as practicable after enactment of the Agriculture and Food Act of 1981), the Secretary shall conduct a referendum of farmers engaged in the production of quota peanuts in the calendar year in which the referendum is held to determine whether such farmers are in favor of or opposed to poundage quoteis with respect to the crops of peanuts produced in the four calendar years immediately following the year in which the referendum is held, except that, if as many as two-thirds of the farmers voting in any referendum vote in favor of poundage quotas, no referendum shall be held with respect to quotas for the second, third, and fourth years of the period. The Secretary shall proclaim the result of the referendum within 30 days after the date on which it is held, and if more than one-third of the farmers voting in the referendum vote against quotas, the Secretary also shall proclaim that poundage quotas will not be in effect with respect to the crop of peanuts produced in the calendar year immediately following the calendar year in which the referendum is held. For purposes of this subsection, if the referendum for the 1982 crop is held after December 31, 1981, it shall be deemed to have been held in calendar year 1981. "(p) For the purposes of this part and title I of the Agricultural Act of 1949— "(1) 'quota peanuts' means, for any marketing year, any peanuts produced on a farm having a farm poundage quota, as determined in subsection (m) of this section, that are eligible for domestic edible use as determined by the Secretary, that are marketed or considered marketed from a farm, and that do not exceed the farm poundage quota of such farm for such year; "(2) 'additional peanuts' means, for any marketing year (A) any peanuts that are marketed from a farm for which a farm poundage quota has been established and that are in excess of the marketings of quota peanuts from such farm for such year, and (B) all peanuts marketed from a farm for which no farm poundage quota has been established in accordance with subsection (m) of this section. "(3) 'crushing' means the processing of peanuts to extract oil for food uses and meal for feed uses, or the processing of peanuts by crushing or processing into flakes or otherwise when authorized by the Secretary; and "(4) 'domestic edible use' means use for milling to produce domestic food peanuts (other than those described in paragraph (3) of this subsection) and seed and use on a farm, except that the Secretary may exempt from this definition seeds of peanuts that are used to produce peanuts excluded under section 359(c) of this Act, are unique strains, and are not commercially available.".

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Page:United States Statutes at Large Volume 95.djvu/1277

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1251

SALE, LEASE, OR TRANSFER OF FARM POUNDAGE QUOTA

SEC. 703. Effective only for the 1982 through 1985 crops of peanuts, section 358a of the Agricultural Adjustment Act of 1938 is amended 7 USC i358a. by adding at the end thereof new subsections as follows: "(i) The owner, or the operator with permission of the owner, of any farm for which a farm poundage quota has been established under this Act may, subject to such terms, conditions or limitations as the Secretary may prescribe, sell or lease all or any part of such poundage quota to any other owner or operator of a farm within the same county for transfer to such farm. The owner or operator of a farm may transfer all or any part of such farm's farm poundage quota to any other farm owned or controlled by such owner or operator that is in the same county or in a county contiguous to such county in the same State and that had a farm poundage quota for the 1981 crop. Notwithstanding the foregoing provisions of this subsection, in the case of any State for which the poundage quote allocated to the State was less than 10,000 tons for the 1981 crop, all or any part of a farm poundage quota may be transferred by sale or lease or otherwise from a farm in one county to a farm in another county in the same State, "(j) Transfers (including transfer by sale or lease) of farm poundage quotas under this section shall be subject to the following conditions: (1) no transfer of the farm poundage quota from a farm subiect to a mortgage or other lien shall be permitted unless the transfer is agreed to by the lienholders; (2) no transfer of the farm poundage quote shall be permitted if the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act determines that the 16 USC 590h. receiving farm does not have adequate tillable cropland to produce the farm poundage quote; (3) no transfer of the farm poundage quote shall be effective until a record thereof is filed with the county committee of the county to which such transfer is made and such committee determines that the transfer complies with the provisions of this section; and (4) such other terms and conditions that the Secretary may by regulation prescribe.". MARKETING PENALTIES; DISPOSITION OF ADDITIONAL PEANUTS

SEC. 704. Effective only for the 1982 through 1985 crops of peanuts, section 359 of the Agricultural Adjustment Act of 1938 is amended by 7 USC 1359. adding at the end thereof new subsections as follows: "(f)(1) The marketing of any peanuts for domestic edible use in excess of the farm poundage quote for the farm on which such peanuts are produced shall be subject to penalty at a rate equal to 140 per centum of the support price for quote peanuts for the marketing year (August 1 through July 31) in which such marketing occurs. The marketing of any additional peanute from a farm shall be subject to the same penalty unless such peanuts, in accordance with r^ulations established by the Secretary, are either (A) placed under loan at the additional loan rate in effect for such peanute under section 108A of the Agricultural Act of 1949 and not redeemed by the producers, (B) marketed through Post, p. 1254. an area marketing association designated pursuant to section 108A(3)(A) of the Agricultural Act of 1949, or (C) marketed under contracte between handlers and producers, pursuant to the provisions of subsection (j) of this section. Such penalty shall be paid by the person who buys or otherwise acquires the peanute

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Page:United States Statutes at Large Volume 95.djvu/1278

 95 STAT. 1252

Ante, p. 1248.

Regulations. 16 USC 590h.

7 USC 1359.

Post, p. 1254.

PUBLIC LAW 97-98—DEC. 22, 1981 from the producer, or if the peanuts are marketed by the producer through an agent, the penalty shall be paid by such agent, and such person or agent may deduct an amount equivalent to the penalty from the price paid to the producer. If the person required to collect the penalty fails to collect such penalty, such person and all persons entitled to share in the peanuts marketed from the farm or the proceeds thereof shall be jointly and severally liable for the amount of the penalty. Peanuts produced in a calendar year in which farm poundage quotas are in effect for the marketing year beginning therein shall be subject to such quotas even though the peanuts are marketed prior to the date on which such marketing year begins. If any producer falsely identifies or fails to certify planted acres or fails to account for the disposition of any pesmuts produced on such planted acres, an amount of peanuts equal to the farm's average yield, as determined under section 358(n) of this Act, times the planted acres, shall be deemed to have been marketed in violation of permissible uses of quota and additional peanuts and the penalty in respect thereof shall be paid and remitted by the producer. "(2) The Secretary shall authorize, under such regulations as the Secretary shall prescribe, the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act to waive or reduce marketing penalties provided for under this subsection in cases in which such committees determine that the violations that were the basis of the penalties were unintentional or without knowledge on the part of the parties concerned. Errors in weight that do not exceed one-tenth of 1 per centum in the Case of any one marketing document shall not be considered marketing violations except in cases of fraud or conspiracy. "(g) Only quota peanuts may be retained for use as seed or for other uses on a farm and when so retained shall be considered as marketings of quota peanuts, except that the Secretary may exempt from consideration as marketings of quota peanuts seeds of peanuts that are used to produce peanuts excluded under section 359(c), are unique strains, and are not commercially available. Additional peanuts shall not be retained for use on a farm and shall not be marketed for domestic edible use, except as provided in subsection (k) of this section. Seed for planting of any peanut acreage in the United States shall be obtained solely from quota peanute marketed or considered marketed for domestic edible use. ''(h) Upon a finding by the Secretary that the peanuts marketed from any crop for domestic edible use by a handler are larger in quantity or higher in grade or quality than the peanuts that could reasonably be produced from the quantity of peanuts having the grade, kernel content, and quality of the quota peanuts acquired by such handler from such crop for such marketing, such hemdler shall be subject to a penalty equal to 120 per centum of the loan level for quota peanuts on the quantity of peanuts that the Secretary determines are in excess of the quantity, grade, or quality of the peanuts that could reasonably have been produced from the peanuts so acquired. "(i) The Secretary shall require that the handling and disposal of additional peanuts be supervised by agents of the Secretary or by area marketing associations designated pursuant to section 108A(3)(A) of the Agricultural Act of 1949. Quota and additional

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text:
Page:United States Statutes at Large Volume 95.djvu/1279

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1253

peanuts of like type and segregation or quality may, under regulations prescribed by the Secretary, be commingled and exchanged on a dollar value basis to facilitate warehousing, handling, and marketing. Failure by a handler to comply with regulations issued by the Secretary governing the disposition and handling of additional peanuts shall subject the handler to a penalty at a rate equal to 120 per centum of the loan level for quota peanuts on the quantity of peanuts involved in the violation. "(j) Handlers may, under regulations prescribed by the Secretary, contract with producers for the purchase of additional peanuts for crushing, export, or both. All such contracts shall be completed and submitted to the Secretary (or if designated by the Secretary, the area marketing association) for approval prior to April 15 of the year in which the crop is produced. "(k) Subject to the provisions of section 407 of the Agricultural Act of 1949, any peanuts owned or controlled by the Commodity 7 USC 1427. Credit Corporation may be made available for domestic edible use in accordance with regulations established by the Secretary. Additional peanuts received under loan shall be offered for sale for domestic edible use at prices not less than those required to cover all costs incurred with respect to such peanuts for such items as inspection, warehousing, shrinkage, and other expenses, plus (1) not less than 100 per centum of the loan value of quota peanuts if the additional peanuts are sold and paid for during the harvest season upon delivery by and with the written consent of the producer, (2) not less than 105 per centum of the loan value of quota peanuts if the additional peanuts are sold after delivery by the producer by not later than December 31 of the marketing year, or (3) not less than 107 per centum of the loan value of quota peanuts if the additional peanuts are sold later than December 31 of the marketing year. For the period from the date additional peanuts are delivered for loan to March 1 of the calendar year following the year in which such additional peanuts were harvested, the area marketing association designated pursuant to section 108A(3)(A) of the Agricultural Act of 1949 shall have sole Post, p. 1254. authority to accept or reject lot list bids when the sales price as determined under this section equals or exceeds the minimum price at which the Commodity Credit Corporation may sell its stocks of additional peanuts, except that the area marketing association and the Commodity Credit Corporation may agree to modify the authority granted by this sentence in order to facilitate the orderly marketing of additional peanuts. "(IXD The person liable for payment or collection of any penalty provided for in this section shall be liable also for interest thereon at a rate per annum equal to the rate of interest which was charged the Commodity Credit Corporation by the Treasury of the United States on the date such penalty became due. "(2) The provisions of this section shall not apply to peanuts produced on any farm on which the acreage harvested for nuts is one acre or less if the producers who share in the peanuts produced on such farm do not share in the peanuts produced on any other farm. (3) Until the amount of the penalty provided by this section is paid, a lien on the crop of peanuts with respect to which such penalty is incurred, and on any subsequent crop of peanuts subject to farm poundage quotas in which the person liable for

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text:
Page:United States Statutes at Large Volume 95.djvu/1280

 95 STAT. 1254

PUBLIC LAW 97-98—DEC. 22, 1981 payment of the penalty has an interest, shall be in effect in favor of the United States. "(4) Notwithstanding any other provision of law, the liability for and the amount of any penalty assessed under this section shall be determined in accordance with such procedures as the Secretary by regulations may prescribe. The facts constituting the basis for determining the liability for or amount of any penalty assessed under this section, when officially determined in conformity with the applicable regulations prescribed by the Secretary, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government. Nothing in this section shall be construed as prohibiting any court of competent jurisdiction from reviewing any determination made by the Secretary with respect to whether such determination was made in conformity with the applicable law and regulations. All penalties imposed under this section shall for all purposes be considered civil penalties. "(5) Notwithstanding any other provision of law, the Secretary -may reduce the amount of any penalty assessed against handlers under this section if the Secretary finds that the violation upon which the penalty is based was minor or inadvertent, and that the reduction of the penalty will not impair the operation of the peanut program.". PRICE SUPPORT PROGRAM

SEC. 705. Effective only for the 1982 through 1985 crops of peanuts, the Agricultural Act of 1949 is amended by adding a new section as follows: " P R I C E SUPPORT FOR 1982 THROUGH 1985 CROPS OP PEANUTS

7 USC 1445C-1.

7 USC 1423.

"SEC. 108A. Notwithstanding any other provision of law— "(1) The Secretary shall make price support available to producers through loans, purchases, or other operations on quota peanuts for each of the 1982 through 1985 crops. The national average quota support rate for the 1982 crop of quota peanuts shall be the national average cost of production, including the cost of land on a current value basis, for such crop, as estimated by the Secretary, but in no event less than 27.5 cents per pound, farmers stock basis. The national average quota support rate for each of the 1983, 1984, and 1985 crops of quota peanuts shall be the national average quota support rate for such peanuts for the preceding crop, adjusted to reflect any increase, during the period January 1 and ending December 31 of the calendar year immediately preceding the marketing year for the crop for which a level of support is being determined, in the national average cost of peanut production, excluding any increase in the cost of land, except that in no event shall the national average quota support rate for any such crop exceed by more than 6 per centum the national average quota support rate for the preceding crop. The levels of support so announced shall not be reduced by any deductions for inspection, handling, or storage: Provided, That the Secretary may make ac^ustmente for location of peanuts and such other factors as are authorized by section 403 of this Act. "(2) The Secretary shall make price support available to producers through loans, purchases, or other operations on additional peanuts for each of the 1982 through 1985 crops at such levels as

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text:
Page:United States Statutes at Large Volume 95.djvu/1281

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1255

the Secretary finds appropriate, taking into consideration the demand for peanut oil and peanut meal, expected prices of other vegetable oils and protein meals, and the demand for peanuts in foreign markets: Provided, That the Secretary shall set the support rate on additional peanuts at a level estimated by the Secretary to ensure that there are no losses to the Commodity Credit Corporation on the sale or disposal of such peanuts. The Secretary shall announce the level of support for additional peanuts of each crop not later than February 15 preceding the marketing year for the crop for which the level of support is being determined. "(3)(A) In carrying out paragraphs (1) and (2) of this section, the Secretary shall make warehouse storage loans available in each of the three producing areas (described in 7 CFR 1446.10 (1980 ed/)) to a designated area marketing association of peanut producers that is selected and approved by the Secretary and that is operated primarily for the purpose of conducting such loan activities. The Secretary may not make warehouse storage loans available to any cooperative that is engaged in operations or activities concerning peanuts other than those operations and activities specified in this section and in section 359 of the Agricultural Adjustment Act of 1938. Such area marketing 7 USC 1359. associations shall be used in administrative and supervisory activities relating to price support and marketing activities under this section and section 359 of the Agricultural Adjustment Act of 1938. Loans made under this subparagraph shall include, in addition to the price support value of the peanuts, such costs as the area marketing association reasonably may incur in carrying out its responsibilities, operations, and activities under this section and section 359 of the Agricultural Adjustment Act of 1938. "(B) The Secretary shall require that each area marketing association establish pools and maintsdn complete and accurate records by type, area, and segregation for quota peanuts handled under loan, for additional peanuts placed under loan, and for additional peanuts produced without a contract between a handler and a producer as described in section 359(j) of the Agricultural Adjustment Act of 1938. Net gains on peanuts in each pool, Ante, p. 1251. unless otherwise approved by the Secretary, shall be distributed in proportion to the value of the peanuts placed in the pool by each producer. Net gains for peanuts in each pool shall consist of (i) for quota peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in such pool plus an amount from the pool for additional peanuts to the extent of the net gains from the sale for domestic food and related uses of additional peanuts in the pool for additional peanuts equal to any loss on disposition of all peanuts in the pool for quota peanuts and (ii) for additional peanuts, the net gains over and above the loan indebtedness and other costs or losses incurred on peanuts placed in the pool for additional peanuts less any amount allocated to offset any loss on the pool for quota peanuts as provided in clause (i) of this subparagraph. Notwithstanding any other provision of this section, any distribution of net gains on additional peanuts of any type to any producer shall be reduced to the extent of any loss by the Commodity Credit Corporation on quota peanuts of a different t3T)e placed under loan by such producer.

-194 O—82

81: QU

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Page:United States Statutes at Large Volume 95.djvu/1282

 95 STAT. 1256

PUBLIC LAW 97-98—DEC. 22, 1981 "(4) Notwithstanding the foregoing provisions of this section or any other provision of law, no price support shall be made available by the Secretary for any crop of peanuts with respect to which poundage quotas have been disapproved by producers, as provided for in section 358(o) of the Agricultural Adjustment Act

Ante, p. 1248.

of 1938.'*. REPORTS AND RECORDS

7 USC 1373.

SEC. 706. Effective only for the 1982 through 1985 crops of peanuts, the first sentence of section 373(a) of the Agricultural A(^ustment Act of 1938 is amended by inserting immediately before "all brokers and dealers in peanuts the following: "all farmers engaged in flie production of peanuts,". SUSPENSION OF CERTAIN PRICE SUPPORT PROVISIONS

7 USC 1441 note. SEC. 707. Section 101 of the Agricultural Act of 1949 shall not be 7 USC 1441. applicable to the 1982 through 1985 crops of peanuts. TITLE Vm—SOYBEANS SOYBEAN PRICE SUPPORT

7 USC 1446.

SEC. 801. Effective only for the 1982 through 1985 crops of soybeans, section 201 of the Agricmtural Act of 1949 is amended by— (1) inserting in the first sentence "soybeans," after "tung nuts,"; and (2) adding at the end thereof a new subsection as follows: "(gKl) The price of soybeans shall be supported through loans and purchases during each of the four marketing years beginning with the 1982 marketing year at a level equal to 75 per centum of the simple average price received by farmers for soybeans for each of the preceding five marketing years, excluding the high and low vsdued years, except that in no event shall the Secretary establish a support price of less than $5.02 per bushel: Provided, That if the Secretary determines that the average price of soybeans received by producers in any marketing year is not more than 105 per centum of the level of loans and purchases for soybeans for such marketing year, the Secretary may reduce the level of loans and purchases for soybeans for the next marketing year by the amount the Secretary determines necessary to maintain domestic and export markets for soybeans, except that the level of loans and purchases shall not be reduced by more than 10 per centum in any year nor below $4.50 per bushel. For the purposes of this subsection, the soybean marketing year shall be the twelve-month period beginning on September 1 and ending August 31. The Secretary shall make a preliminary announcement of the level of price support not earlier than thirty days in advance of the b^;inning of the marketing year based upon the latest information and statistics available when such level of price support is announced, and shall make a final announcement of such level as soon as full information and statistics are available on prices for the five years preceding the beginning of the marketing year. In no event shall such final level of support be annoimced later than October 1 of the marketing year for wmch the announcement applies; nor shall the final level of support be less than the level of support set forth in the preliminary announcement. "(2) Notwithstanding any other provision of law—

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Page:United States Statutes at Large Volume 95.djvu/1283

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1257

"(A) the Secretary shall not require participation in any production adjustment control program for soybeans or any other commodity as a condition of eligibility for price support for soybeans; and "(B) soybeans shall not be considered an eligible commodity for any reserve program, and the Secretary shall not authorize payments to producers to cover the cost of storing soybeans.". TITLE DC—SUGAR SUGAR PRICE SUPPORT

SEC. 901. Effective only for the 1982 through 1985 crops of sugar beets and sugarcane, section 201 of the Agricultural Act of 1949 is 7 USC 1446. amended by— (1) striking out in the first sentence "honey, and milk" and inserting in lieu thereof "honey, milk, sugar beets, and sugarcane"; and (2) adding at the end thereof a new subsection as follows: "(h) The price of each of the 1982 through 1985 crops of sugar beets and sugarcane, respectively, shall be supported in the manner specified below: "(1) Effective with respect to sugar processed from domestically grown sugar beets and sugarcane beginning with the date of enactment of this subsection through March 31, 1982, the Secretary shall, through purchases of the processed products thereof, support the price of sugarcane at such level as the Secretary determines appropriate to approximate a raw sugar price of 16.75 cents per pound, and the price of sugar beets at such level as the Secretary determines to be fair and reasonable in relation to the support level for sugarcane. "(2) Effective October 1, 1982, the Secretary shall support the price of domestically grown sugarcane through nonrecourse loans at such level as the Secretcuy determines appropriate but not less than 17 cents per pound for raw cane sugar for the 1982 crop, 17.5 cents per pound for the 1983 crop, 17.75 cents per aund for the 1984 crop, and 18 cents per pound for the 1985 crop, ffective October 1, 1982, the Secretcuy shall support the price of domestically grown sugar beets through nonrecourse loans at such level as the Secretary determines to be fair and reasonable in relation to the level of loans for sugarcane. The Secretary shall announce the loan rate to be applicable during any fiscal year as far in advance of the beginning of that fiscal year as practicable consistent with the purposes of this subsection. Loan&during any such fiscal year shall be made available not earlier than the beginning of the fiscal year and shall mature before the end of that fiscal year.".

E

TITLE X-GRAIN RESERVES AND NATIONAL AGRICULTURAL COST OF PRODUCTION STANDARDS REVIEW BOARD Subtitle A—Grain Reserves PRODUCER RESERVE PROGRAM FOR WHEAT AND FEED GRAINS

SEC. 1001. Effective beginning with the 1982 crops, section 110 of the Agricultural Act of 1949 is amended to read as follows:

7 USC i445e.

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Page:United States Statutes at Large Volume 95.djvu/1284

 95 STAT. 1258

PUBLIC LAW 97-98—DEC. 22, 1981 PRODUCER RESERVE PROGRAM FOR WHEAT AND FEED GRAINS

Emergency conditions. Report to President and congressional committees.

"SEC. 110. (a) The Secretary shall formulate and administer a program under which producers of wheat and feed grains will be able to store wheat and feed grains when such commodities are in abundant supply and extend the time period for their orderly marketing. The Secretary shall establish safeguards to assure that wheat and feed grains held under the program shall not be utilized in any manner to unduly depress, manipulate, or curtail the free market. The authority provided by this section shall be in addition to other authorities available to the Secretary for carrying out producer loan and storage operations. "(b) In carrsdng out the producer storage program, the Secretary shall provide original or extended price support loans for wheat and feed grains under terms and conditions designed to encourage producers to store wheat and feed grains for extended periods of time in order to promote orderly marketing when wheat or feed grains are in abundant supply. Loans made under this section shall be made at such level of support as the Secretary determines appropriate, except that the loan rate shall not be less than the then current level of support under the wheat and feed grain programs established under this title. Among such other terms and conditions as the Secretary may prescribe by regulation, the program may provide for (1) repayment of such loans in not less than three years nor more than five years; (2) payments to producers for storage in such amounts and under such conditions as the Secretary determines appropriate to encourage producers to participate in the program; (3) a rate of interest as determined under subsection (c) of this section; (4> recovery of amounts paid for storage, and for the payment of additional interest or other charges if such loans are repaid by producers before the market price for wheat or feed grains has reached the price levels determined under clause (5) of this sentence; and (5) conditions designed to induce producers to redeem and market the wheat or feed grains securing such loans without regard to the maturity dates thereof whenever the Secretary determines that the market price for the commodity has attained a specified level, as determined by the Secretary. "(c) The rate of interest charged participants in the program authorized by this section shall be not less than the rate of interest charged the Commodity Credit Corporation by the United States Treasury, except that the Secretary may waive or adjust such interest as the Secretary deems appropriate to effectuate the purposes of this section. The Secretary may increase the applicable rate of interest in such amounts and at such intervals as the Secretary determines is appropriate to encourage the orderly marketing of wheat and feed grains securing loans made under this section after the market price for the commodity has attained the level determined under clause (5) of the third sentence of subsection (b) of this section. "(d) Notwithstanding any other provision of law, the Secretary may require producers to repay loans under this section plus accrued interest and such other charges as may be required by regulation prior to the maturity date thereof if the Secretary determines that emergency conditions exist which require that such commodity be made available in the market to meet urgent domestic or international needs and the Secretary reports such determination and the reasons therefor to the President, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Agricul-

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Page:United States Statutes at Large Volume 95.djvu/1285

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1259

ture of the House of Representatives at least fourteen days before taking such action. "(e) The Secretary shall announce the terms and conditions of the producer storage program as far in advance of making loans as practicable. In such announcement, the Secretary shall specify the quantity of wheat or feed grains to be stored under the program which the Secretary determines appropriate to promote the orderly marketing of such commodities. The Secretary may place an upper limit on the amount of wheat and feed grains placed in the reserve, but such upper limit may not be less than seven hundred million bushels for wheat and one billion bushels for feed grains. "(f) Notwithstanding any other provision of law, except as otherwise provided under section 302 of the Food Security Wheat Reserve Act of 1980 and section 208 of the Agricultural Trade Suspension 7 USC I736f-i. Adjustment Act of 1980, whenever the program authorized by this 7 USC 400i. section is in effect, the Commodity Credit Corporation may not sell any of its stocks of wheat or feed grains at less than 110 per centum of the then current price level at which the Secretary may encourage repayment of producer storage loems with respect to the commodity prior to the maturity dates of such loans, as determined under clause (5) of the third sentence of subsection Qoi) of this section. The foregoing restriction shall not apply to— "(1) sales of such commodities which have substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage; "(2) sales or other disposals of such commodities under (A) the fifth and sixth sentences of section 407 of this Act; (B) the Act of 7 USC 1427. September 21, 1959 (7 U.S.C. 1427 note); and (C) section 813 of the Agricultural Act of 1970; and 7 USC I427a. "(3) sales of corn for use in the production of alcohol for motor fuel at facilities that— "(A) began operation after January 4, 1980, and "(B) whenever supplies of corn are not readily available, can produce alcohol from agricultural or forestry biomass feedstocks other than corn, when sold at not less than the price at which producers may repay producer storage loans and redeem corn prior to the maturity dates of loans, as determined under clause (5) of the third sentence of subsection (b) of this section, or, whenever the fuel conversion price (as defined in section 212 of the Agricultural Trade Suspension Adjustment Act of 1980) for com exceeds 7 USC 4005. such price, at not less than the fuel conversion price. "(g) The Secretary may, with the concurrence of the owner of grain stored under the program authorized by this section, reconcentrate all such grain stored in commercial warehouses at such points as the Secretary deems to be in the public interest, taking into account such factors as transportation and normal marketing patterns. The Secretary shall permit rotation of stocks and facilitate maintenance of quality under regulations which assure that the holding producer or warehouseman shall, at all times, have available for delivery at the designated place of storage both the quantity and quality of grain covered by the producer's or warehouseman's commitment. "(h) Whenever grain is stored under the provisions of this section, the Secretary may buy and sell at an equivalent price, allowing for the customary location and grade differentials, substantially equivalent quantities of grain in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate such commodities which the Commodity Credit Corporation owns or con-

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Page:United States Statutes at Large Volume 95.djvu/1286

 95 STAT. 1260

PUBLIC LAW 97-98—DEC. 22, 1981

trols. Such purchases to offset sales shall be made within two market days following the sales. The Secretary shall make a daily list available showing the price, location, and quantity of the transactions. "(i) The Secretary shall use the Commodity Credit Corporation, to the extent feasible, to fulfill the purposes of this section. To the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section, the Secretary shall utilize the usual and customarv channels, facilities, and arrangements of trade and commerce.. FORGIVENESS OF VIOLATIONS

SEC. 1002. The Agricultural Act of 1949 is amended by adding at the end thereof a new section as follows: "FORGIVENESS OF VIOLATIONS

7 USC 1433a.

16 USC 590h.

"SEC. 422. Notwithstanding any other provision of law, whenever a producer samples, turns, moves, or replaces grain or any other commodity which is security for a Commodity Credit Corporation producer loan or is held under a producer reserve program, and does so in violation of law or regulation, the appropriate county committee established under section 80?) of the Soil Conservation and Domestic Allotment Act may forgive some or all of the penalties and requirements that would normally be imposed on the producer by reason of the violation, if such committee determines that (1) the violation occurred inadvertently or accidentally, because of lack of knowledge or understanding of the law or regulation, or because the producer or the producer's agent acted to prevent spoilage of the commodity, and (2) the violation did not result in harm or damage to the rights or interests of any person. The county committee shall furnish a copy of its determination to the Administrator of the Agricultural Stabilization and Conservation Service and the appropriate State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act. The determination may be disapproved by either the Administrator or the State committee within sixty days after receipt of a copy of the determination. Any determination not disapproved by the Administrator or such State committee within such sixty-day period shall be considered approved.". DISASTER RESERVE

SEC. 1003. Section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a) is amended by striking out "shall" wherever it appears in subsections (a) and (b) of that section and inserting in lieu thereof "may". CONFORMING AMENDMENT

7 USC 4001.

SEC. 1004. Section 208 of the Agricultural Trade Suspension Adjustment Act of 1980 is amended by—• (1) striking out "second and inserting in lieu thereof "third" in subsection (c)(2)(A); and (2) amending clause (i) of subsection (c)(2)(B) to read as follows: "(i) if there is a producer storage program in effect for the commodity, at not less than 110 per centum of the then current price level at which the Secretary may encourage repayment of producer storage loans on the commodity prior to the maturity dates of the loans, as determined under

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Page:United States Statutes at Large Volume 95.djvu/1287

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1261

clause (5) of the third sentence of section 110(b) of the Agricultural Act of 1949, or". Ante, p. 1257. Subtitle B—National Agricultural Cost of Production Standards Review Board ESTABLISHMENT OF BOARD

SEC. 1005. There is hereby established an advisory board to be 7 USC 4ioi. known as the National Agricultural Cost of Production Standards Review Board (hereafter in this subtitle referred to as the "Board"). MEMBERSHIP OF BOARD

SEC. 1006. (a) The Board shall be composed of eleven members 7 USC 4102. appointed by the Secretary of Agriculture (hereafter in this subtitle referred to as the "Secretary") as follows: (1) seven members who are engaged in the commercial production of one or more of the various mcgor agricultural commodities produced in the United States. The Secretary shall assure that the major geographical production areas of the megor agricultural commodities are represented; (2) three members who, by virtue of their education, training, or experience, have extensive knowledge of the costs associated with the production of the msgor agricultural commodities; these members may be drawn from the fields of agricultural economics, banking, finance, accounting, or related areas; and (3) one member who is an employee of the Department of Agriculture (hereafter referred to m this subtitle as the "Department"), who shall serve at the pleasure of the Secretary, and who shall advise and inform the Boisird as to the methodology used by the Department in making its cost of production calculations. (b) The terms of the initial Board members shall expire (as designated by the Secretary at the time of appointment) as follows: two at the end of the first year, two at the end of the second year, three at the end of the third year, and three at the end of the fourth year. Thereafter, the terms of all members, with the exception of the member provided for in subsection (a)(3) of this section, shall be four years, except that any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of such person's predecessor. (c) With the exception of the member provided for in subsection (a)(3) of this section, no person may serve as a member of the Board for more than two terms. (d) The Secretary shall designate one member of the Board to serve as Qiairman and one member to serve as Vice Chairman, respectively, each of which shall serve as such until his or her respective term expires. The Boeird member provided for in subsection (a)(S) of this section may not serve as Chairman or Vice (ISiairman. FUNCTIONS OF BOARD

SEC. 1007. The Board shall— 7 USC 4103. (1) review the adeauacy, accuracy, and timeliness of the cost-ofproduction methodology used by the Department in determining specific cost of production estimates; (2) advise the Secretary as to whether the cost of production methodology used by the Department in connection with the

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 95 STAT. 1262

PUBLIC LAW 97-98—DEC. 22, 1981 administration of its price support programs accurately and fairly represents the costs of production incurred by producers; (3) review the adequacy of the parity formulae; (4) advise the Secretary on such other matters dealing with the cost of production of agricultural commodities and price support operations as the Secretary may request; and (5) make such recommendations to the Secretary as the Board deems appropriate, including ways in which the cost of production methodology and parity formulae can be improved. BOARD MEETINGS

7 USC 4104.

SEC. 1008. The Board shall meet twice annually, or more frequently, if necessary, for the purpose of carrying out its functions. RECOMMENDATIONS TO SECRETARY

7 USC 4105.

SEC 1009. From time to time, as necessary, the Board shall make written findings and recommendations to the Secretary. The Secretary shall report to the Board on the disposition of these recommendations, including the Secretary's reasons for declining to accept the Board's recommendations, if such declinations are made. The Secretary shall make such reports no later than one hundred and twenty days after the written submission of such recommendations. REPORTS

7 USC 4106.

SEC. 1010. Within ninety days after the close of each calendar year and immediately prior to the Board's expiration, the Board shall submit a written report to the Secretary, the Senate Committee on Agriculture, Nutrition, and Forestry, and the House Committee on Agriculture. This report shall outline the activities undertaken by the Board since its inception or last annual report and shall include any findings and recommendations made to the Secretary during the reporting period. SUPPORT SERVICES

7 USC 4107.

SEC 1011. The Secretary shall provide such staff personnel, clerical assistance, services, materials, and office space as are essential to assist the Board in carrying out its duties. COMPENSATION

7 USC 4108.

SEC 1012. The members of the Boardshall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or regular places of business in the performance of services for the Board, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code. AUTHORIZATION FOR APPROPRIATIONS

7 USC 4109.

SEC 1013. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subtitle.

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Page:United States Statutes at Large Volume 95.djvu/1289

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1263

TERMINATION

SEC. 1014. The Board established in this subtitle shall cease to exist 7 USC 4iio. on September 30, 1985. TITLE XI—MISCELLANEOUS Subtitle A—Miscellaneous Commodity Provisions PAYMENT LIMITATIONS FOR WHEAT, PEED GRAINS, UPLAND COTTON, AND RICE

SEC. 1101. Notwithstanding any other provision of law— (1) The total amount of payments (excluding disaster payments) that a person shall be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949 for wheat, feed grains, upland cotton, and rice shall not exceed $50,000 for each of the 1982 through 1985 crops. (2) The total amount of disaster payments that a person shall be entitled to receive under one or more of the annual programs established under the Agricultural Act of 1949 for wheat, feed grains, upland cotton, and rice shall not exceed $100,000 for each of the 1982 through 1985 crops. (3) The term payments as used in this section shall not include loans or purchases, or any part of any payment that is determined by the Secretary of Agriculture to represent compensation for resource adjustment (excluding land diversion payments) or public access for recreation. (4) If the Secretary determines that the total amount of payments that will be earned by any person under the program m effect for any crop will be reduced under this section, any acreage requirement established under a set-aside or acreage limitation program for the farm or farms on which such person will be sharing in payments earned under such program shall be adjusted to such extent and in such manner as the Secretary determines will be fair and reasonable in relation to the amount of the payment reduction. (5) The Secretary shall issue regulations defining the term "person" and prescribing such rules as the Secretary determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this section that limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970.

7 USC 1308.

7 USC i42i note.

"Payments.

Regulations.

7 USC 1307.

FINALITY OF DETERMINATIONS

SEC. 1102. The first sentence of section 385 of the Agricultural Adjustment Act of 1938 is amended to read as follows: The facts 7 USC 1385. constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, and rice programs authorized by the Agricidtur£d Act of 1949 and t h ^ Act, any loan, or price support operation, or the amount thereof, when

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Page:United States Statutes at Large Volume 95.djvu/1290

 95 STAT. 1264

PUBLIC LAW 97-98—DEC. 22, 1981

officially determined in conformity with the applicable regulations prescribed by the Secretary or by the Commodity Credit Corporation, shall be final and conclusive and shall not be reviewable by any other officer or agency of the Government.". COMMODITY CREDIT CORPORATION SALES PRICE RESTRICTIONS FOR WHEAT AND FEED GRAINS

7 USC 1427.

f

SEC. 1103. Effective only for the marketing years for the 1982 through 1985 crops, section 407 of the Agricultural Act of 1949 is amended by— (1) striking out in the third sentence the language following the third colon and inserting in lieu thereof the following: "Provided, That the Corporation shall not sell any of its stocks of wheat, com, grain sorghum, barley, oats, and ^ e, respectively, at less than 115 per centum of the current national average loan rate for the commodity, adjusted for such current market differentials reflecting grade, quality, location, and other value factors as the Secretary determines appropriate plus reasonable carrying charges."; (2) stiiking out in the fifth sentence "current basic county support rate including the value of any applicable price-support payment in kind (or a comparable price if there is no current basic county support rate) and inserting in lieu thereof the following: "current basic county loan rate (or a comparable price if there is no current basic county loan rate)"; and (3) striking out in the seventh sentence ", but in ho event shall the purchase price exceed the then current support price for such commodities and inserting in lieu thereof the following: "or unduly affecting market prices, but in no event shall the purchase price exceed the Corporation's minimum sales price for such commodities for unrestricted use". APPLICATION OF TERMS IN THE AGRICULTURAL ACT OF 1949

7 USC 1428.

SEC. 1104. Effective only for the 1982 through 1985 crops of wheat, feed grains, upland cotton, and rice, section 408(k) of the Agricultural Act of 1949 is amended to read as follows: " R E F E R E N C E S TO TERMS MADE APPLICABLE TO WHEAT, FEED GRAINS, UPLAND COTTON, AND RICE

7 USC 1422, "(k) Reference made in sections 402, 403, 406, 407, and 416 to the 1423, 1426, 1427, torms 'support price*, 'level of support', and 'level of price support' ^^^^ shall be considered to apply as well to the level of loans and purchases for wheat, feed grains, upland cotton, and rice under this Act; and references made to the terms 'price support', 'price support operations', and 'price support program' in such sections and in section 7 USC 1421. 401(a) shall be considered as applying as well to the loan and purchase operations for wheat, feed grains, upland cotton, and rice under this Act.". SUPPLEMENTAL SET-ASIDE AND ACREAGE LIMITATION AUTHORITY

7 USC I445h.

SEC. 1106. Effective for the 1982 through 1985 crops of wheat and feed grains, section 113 of the Agricultural Act of 1949 is amended to read as follows:

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1265

"SUPPLEMENTAL SET-ASIDE AND ACREAGE LIMITATION AUTHORITY

"SEC. 113. Notwithstanding any other provision of law or prior announcement made by the Secretary to the contrary, the Secretary may announce and provide for a set-aside or acreage limitation program under section 105B(e) or 107B(e) of this title for one or more Ante, p. 1227, of the crops of wheat and feed grains if the Secretary determines that 1221. such action is in the public interest as a result of the imposition of restrictions on the export of any such commodity by the President or other member of the executive branch of Government. In order to carry out effectively a set-aside or acreage limitation program authorized under t h ^ section, the Secretary may make such modifications and adjustments in such program as the Secretary determines necessary because of any delay in instituting such program.". NORMALLY PLANTED ACREAGE AND TARGET PRICES

SEC. 1106. Section 1001 of the Food and Agriculture Act of 1977 is 7 USC 1309. amended to read as follows: "SEC. 1001. (a) Notwithstanding any other provision of law, whenever a set-aside program is in effect for one or more of the 1982 through 1985 crops of wheat and feed grains, the Secretary of Agriculture may require, as a condition of eligibility for loans, purchases, and payments for such crops under the Agricultural Act of 1949, that producers not exceed the acreage on the farm normally 7 USC 1421 note. planted to crops designated by the Secretary, adjusted as deemed necessary by the Secretary to be fair and equitable among producers and reduced by any set-aside or diverted acreage. Such normal crop acreage for any crop year shall be determined as provided by the Secretary. The Secretary may require producers participating in the program to keep such records as the Secretary determines necessary to assist in making such determination. "(b) Notwithstanding any other provision of law— "(1) Whenever the Secretary, for one or more of the 1982 through 1985 crops of wheat and feed grains, requires that producers not exceed the acreage on the farm normally planted to crops designated by the Secretary in accordance with subsection (a) of this section, the Secretary may increase the established price payments for any such commodity by such amount (or if there are no such payments in effect for such crop by providing for payments in such amount) as the Secretary determines appropriate to compensate producers for not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. "(2) In determining the amount of any payments for any commodity under this subsection, the Secretary shall take intd account changes in the costs of production resulting from not exceeding the acreage on the farm normally planted to crops designated by the Secretary and participation in any required set-aside with respect to such commodity. "(3) If payments are provided for any commodity under this subsection, the Secretary may provide for payments for any other commodity in such amount as the Secretary determines necessary for effective operation of the program. "(4) The Secretary shall adjust any payments under this subsection to reflect, in whole or in part, any land diversion

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Page:United States Statutes at Large Volume 95.djvu/1292

 95 STAT. 1266

PUBLIC LAW 97-98—DEC. 22, 1981 payments for the commodity for which an increase is determined.". NORMAL SUPPLY

7 USC 1310a.

SEC. 1107. Notwithstanding any other provision of law, if the Secretary of Agriculture determines that the supply of wheat, corn, upland cotton, or rice for the marketing year for any of the 1982 through 1985 crops of such commodity is not likely to be excessive and that program measures to reduce or control the planted acreage of the crop are not necessary, such a decision shall constitute a determination that the total supply of the commodity does not exceed the normal supply and no determination to the contrary shall be made by the Secretary with respect to such commodity for such marketing year. NONQUOTA TOBACCO SUBJECT TO QUOTA

7 USC 1314f.

7 USC 1421 note.

SEC. 1108. Effective beginning with the 1982 crop of tobacco, section 320 of the Agricultural Adjustment Act of 1938 is amended to read as follows: "SEC. 320. (a) Notwithstanding any other provision of law, effective with respect to the 1982 and subsequent crops of tobacco, any kind of tobacco for which marketing quotas are not in effect that is produced in an area where marketing quotas are in effect for any kind of tobacco shall be subject to the quota for the kind of tobacco for which marketing quotas are in effect in that area. If marketing quotas are in effect in an area for more than one kind of quota tobacco, nonquota tobacco produced in the area shall be subject to the quota for the kind of quota tobacco produced in the area having the highest price support under the Agricultural Act of 1949. (b) Subsection (a) of this section shall not apply to— "(1) Maryland (t3rpe 32) tobacco when it is nonquota tobacco and produced in a quota area on a farm for which a marketing quota for Maryland (type 32) tobacco was established when marketing quotas for such kind of tobacco were last in effect; "(2) cigar-filler (type 41) tobacco when it is nonquota tobacco and produced in Pennsylvania; "(3) cigar-wrapper (type 61) tobacco when it is nonquota tobacco and produced in Connecticut and Massachusetts, and cigar-wrapper (type 62) tobacco when it is nonquota tobacco and produced in Georgia and Florida; and "(4) tobacco produced in a quota area that is represented to be nonquota tobacco and that is readily and distinguishably different from all kinds of quota tobacco, as determined through the application of the standards issued by the Secretary for the inspection and identification of tobacco.. TOBACCO PROGRAM COST

7 USC 1445 note.

Regulations.

Recommendation to Congress.

SEC. 1109. It is the intent of Congress that the tobacco price support and production adjustment program be carried out in such a manner as to result in no net cost to the taxpayers other than such administrative expense as is incidental to the implementation of any commodity program. To accomplish this objective, the Secretary of Agriculture shall promulgate such regulations and policies as are currently within the Secretary's existing Authority by January 1982. The Secretary shall recommend to Congress by January 1982 any l^islative changes the Secretary believes necessary and proper to achieve this objective.

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1267

Subtitle B—General Provisions SPECIAL GRAZING AND HAY PROGRAM

SEC. 1110. Section 109 of the Agricultural Act of 1949 is amended 7 USC i445d. byC striking out "1981" in the first sentence of subsection (a) D and inserting in lieu thereof "1985"; (2) striking out "Under the special program" in the second sentence of subsection (a) and inserting in lieu thereof "If a special program is implemented"; and (3) inserting ", reduced acreage, or land diversion" in subsection (d) after 'Acreage set-aside". EMERGENCY FEED PROGRAM

SEC. 1111. (a) The fifth sentence of section 407 of the Agricultural Act of 1949 is amended by striking out "shall" wherever it appears 7 USC 1427. and inserting in lieu thereof "may. (b)(1) The first sentence of section 1105(a) of the Food and Agriculture Act of 1977 (7 U.S.C. 2267(a)) is amended by inserting "and poultry" after "maintenance of livestock". (2) Paragraphs (1) and (2) of section 1105(b) of the Food and Agriculture Act of 1977 (7 U.S.C. 2267(b)) are amended by inserting "or poultry" after "livestock" wherever it appears. FARM INCOME PROTECTION INSURANCE PROGRAM STUDY

SEC. 1112. (a) It is the sense of Congress that the concept of farm 7 USC i42i note. income protection insurance should be studied in order to determine whether such a concept might provide the basis for an acceptable alternative to the commodity price support, income maintenance, and disaster assistance programs currently administered by the United States Department of Agriculture for the benefit of United States farmers. Toward this objective, the Secretary of Agriculture shall appoint a special task force to study and report on such concept. (b) The special task force appointed by the Secretary shall be composed of the following: a total of three representatives of agricultural commodity organizations and general farm organizations, three representatives of the private insurance industry (including stock companies, mutual companies, agents, or brokers), two full-time farmers, one official of the Federal Crop Insurance Corporation, one official of the Agricultural Stabilization and Conservation Service, two individuals from appropriate academic fields, and the designated representative of the Secretary of Agriculture. The designated representative of the Secretary shall serve as the chairman of the special task force. (c) The study conducted by the special task force shall include, but not be limited to, an analysis of the following: (1) the characteristics of a farm income protection insurance program; (2) the feasibility of such a program as a substitute for the commodity price support, income maintenance, and diseister assistance programs administered by the Department of Agriculture for United States farmers; (3) the appropriate roles of the private insurance industry and the Federal Government in the development, implementation, and administration of such a program;

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Page:United States Statutes at Large Volume 95.djvu/1294

 95 STAT. 1268

Transmittal to congressional committees.

PUBLIC LAW 97-98—DEC. 22, 1981

(4) alternate mechanisms for administering such a program; (5) the acceptability of such a program to farmers; and (6) the costs associated with the development and implementation of such a program. (d) Not later than eighteen months following enactment of this Act, the special task force shall transmit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives copies of the report on farm income protection insurance and any legislative changes that the special task force recommends for purposes of establishing a farm income protection insurance program. Minority views, if submitted in a timely manner, shall be included in the report prepared and transmitted by the special task force. (e) The Secretary of Agriculture shall provide such staff personnel, clerical assistance, services, materials, and office space as may be required to assist the special task force in carrying out its duties. (f) In conducting its study and preparing its report and recommendations, the special task force may obtain the assistance of Department of Agriculture employees, and, to the maximum extent practicable, the assistance of employees of other Federal departments or agencies who may have relevant expertise in the areas of insurance, income maintenance, disaster assistance, agriculture, program management, and program evaluation. (g) Members of the special task force shall serve without compensation, if not otherwise officers or employees of the United States, except that, while away from their homes or regular places of business in the performance of services under this section, they shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code. (h) The special task force shall be dissolved forty-five days after submission of the report required in subsection (d) of this section. STATE AGENCY AUTHORITY FOR GRAIN INSPECTIONS AT EXPORT PORT LOCATIONS

Effective date. 7 USC 79 note.

SEC. 1113. (a) The first sentence of section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended by striking out "If the Administrator determines" and all that follows down through "the criteria in subsection (f)(l)(A) of this section," and inserting in lieu thereof: "If the Administrator determines, pursuant to paragraph (3) of this subsection, that a State agency is qualii^ed to perform official inspection, meets the criteria in subsection (fKlXA) of this section, and (A) was performing official inspection at an export port location under this Act on July 1, 1976, or (B)(i) performed official inspection at an export port location at any time prior to July 1, 1976, (ii) was designated under subsection (f) of this section on the date of enactment of the Agriculture and Food Act of 1981 to perform official inspections at locations other than export port locations, and (iii) operates in a State from which total annual exports of grain do not exceed, as determined by the Administrator, 5 per centum of the total amount of grsun exported from the United States annueilly,". (b) The provisions of this section shall become effective one hundred and eighty days after enactment of this Act.

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Page:United States Statutes at Large Volume 95.djvu/1295

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1269

DISTRIBUTION OF SURPLUS COMMODITIES; SPECIAL NUTRITION PROJECTS

SEC. 1114. (a) Notwithstanding any other provision of law, when- 7 USC I43ie. ever Government stocks of commodities are acquired under the price support programs and are not likely to be sold by the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, such commodities shall be made available without charge or credit to nutrition projects under the authority of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child nutrition programs providing food service, and to food banks participating in the special nutrition projects established under section 211 of the Agricultural Act of 1980. Such distribution may include bulk distribution to congregate nutrition sites and to providers of home delivered meals under the Older Americans Act of 1965. The Commodity Credit Corporation is authorized to use available funds to operate the program under this subsection and to further process products to facilitate bonus commodity use. (b) Section 211 of the Agricultural Act of 1980 (7 U.S.C. 4004) is amended by— (1) striking out "demonstration projects" wherever that phrase occurs in subsections (a) and (b) and inserting in lieu thereof "special nutrition projects"; (2) striking out "a report to Congress on October 1, 1982," in subsection (d) and inserting in lieu thereof "to Congress a progress report on July 1, 1983, and a final report on January 1, 1984,"; (3) striking out "demonstration projects" in subsection (d) and inserting in lieu thereof "special nutrition projects"; (4) redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: "(f) The Secretary shall minimize paperwork requirements placed on food banks which participate in the special nutrition projects established under this section and shall otherwise encourage food banks to participate in such projects."; and (5) striking out "to carry out this section $356,000" in subsection (g), as redesignated by paragraph (4) of this subsection, and inserting in lieu thereof "such sums as may be necessary to carry out this section", (c) The heading for section 211 of the Agricultural Act of 1980 is amended to read as follows: "DISTRIBUTION

OF

EXCESS AGRICULTURAL COMMODITIES COMMUNITY FOOD BANKS".

THROUGH

(d) Section 4(b) of the Food Stamp Act of 1977 shall not apply with 7 USC 4004a. respect to distribution of surplus commodities under section 211 of 7 USC 2013. the Agricultural Act of 1980. PERISHABLE AGRICULTURAL COMMODITIES

SEC. 1115. (a) Paragraphs (6) and (7) of section 1 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a (6) and (7)), are amended by striking out "$200,000" and inserting in lieu thereof "$230,000". (b) Section 3(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499c(b)), is amended by striking out "$150", "$50", and

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"$1,000", and inserting in lieu thereof "$300", "$150", and "$3,000", respectively. (c) Sections 6(c) and 6(d) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f (c) and (d)), are amended by striking out "$3,000" wherever it appears and inserting in lieu thereof "$15,000". DEPARTMENT OF AGRICULTURE ADVISORY COMMITTEES

SEC. 1116. (a) Title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) is amended to read as follows: "TITLE XVIII—DEPARTMENT OF AGRICULTURE ADVISORY COMMITTEES "PURPOSES

7 USC 2281.

"SEC. 1801. The purposes of this title are to— "(1) require strict financial and program accounting by advisonr committees of the Department of Agriculture; (2) assure balance and objectivity in the membership of such advisory committees; and "(3) prevent the formation or continuation of unnecessary advisory committees by the Department of Agriculture. "DEFINITIONS

7 USC 2282.

"SEC. 1802. When used in this title— "(1) the term 'Secretary' means the Secretary of Agriculture of the United States; "(2) the term 'Department of Agriculture' means the United States Department of Agriculture; and "(3) the term 'advisory committee' mesms any committee, board, commission, council, conference, panel, task force, or other similiar group, or any subcommittee or other subgroup thereof that is established or used by the Department of Agriculture in the interest of obtaining advice or recommendations for the President or the Department of Agriculture, except that such term excludes any committee which (A) is composed wholly of full-time officers or employees of the Federal Government, (B) is established by statute or reorganization plan, or (C) is established by the President. "MEMBERSHIP ON ADVISORY COMMITTEES

7 USC 2283.

"SEC. 1803. (a) No person other than an officer or employee of the Department of Agriculture may serve simultaneously on more than one advisory committee, unless authorized by the Secretary. "(b) Not more than one officer or employee of any corporation or other non-Federal entity, including all subsidiaries and affiliates thereof, may serve on the same advisorj' committee at any one time, unless authorized by the Secretary. "(c) No person other than an officer or employee of the Department of Agriculture may serve for more than six consecutive years on an advisory committee, unless authorized by the Secretary. "ANNUAL REPORT

7 USC 2284.

"SEC. 1804. The Secretary shall annually transmit to the appropriate committees of Congress having legislative jurisdiction or over-

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sight with respect to the agency within the Department of Agriculture that provides support services to an advisory committee, and to the Library of Congress— "(1) a copy of the report concerning that advisory committee prepared in compliance with section 6(c) of the Federal Advisory Committee Act (5 U.S.C. App.); "(2) a list of the members of that advisory committee which shall specify the principal place of residence, persons or companies by whom they are employed, and other major sources of income, as defined by the Secretary, of each member; and "(3) a statement of the amount of expenses incurred in connection with advisory committee meetings by any member of an advisory committee for which reimbursement was received from any source other than the United States or the member's employer. "BUDGET PROHIBITIONS

"SEC. 1805. No advisory committee may expend funds in excess of 7 USC 2285. its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, until it provides the Secretary with an explanation of the need for the additional expenditure and the Secretary approves such additional expenditure. "TERMINATION OP ADVISORY COMMITTEES

"SEC. 1806. The Secretary shall terminate any advisory committee 7 USC 2286. upon a finding that any such advisory committee— "(1) has expended funds in excess of its estimated annual operating costs by more than 10 per centum or $500, whichever is greater, without the prior approval of the Secretary pursuant to the provisions of section 1805 of this title; "(2) has failed to file all reports required under the provisions of the Federal Advisory Committee Act or this title; 5 USC app. "(3) has failed to meet for two consecutive years; "(4) is responsible for functions that otherwise would be or should be performed by Federal employees; or "(5) does not serve or has ceased to serve an essential public function.". (b) The table of contents of the Food and Agriculture Act of 1977 is amended by striking out the items relating to sections 1801 through 1809 and inserting in lieu thereof the following items: "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

1801. Purposes. 1802. Definitions. 1803. Membership on advisory committees. 1804. Annual report. 1805. Budget prohibitions. 1806. Termination of advisory committees.". COST OP PRODUCTION STUDY

SEC. 1117. Section 808 of the Agricultural Act of 1970 (7 U.S.C. 1441a) is amended by— (1) adding after the phrase "all typical variable costs," the following: "including interest costs,"; and (2) striking out "equal to the existing interest rates charged by the Federal Land Bank, and return for management comparable to the normal management fees charged by other comparable industries. These studies shall be based upon the size unit that

89-194 O—82

82:QL3

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PUBLIC LAW 97-98—DEC. 22, 1981 requires one man to farm on a full-time basis." and inserting in lieu thereof ", and a return for management.". UNLAWFUL TO OFFER FOR SALE OR ADVERTISE PROTECTED SEED WHEN NOT CERTIFIED BY A STATE AGENCY

7 USC 2321 note.

SEC. 1118. Section 501 of the Federal Seed Act (7 U.S.C. 1611) is amended to read as follows: "SEC. 501. It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.". PROTECTION AGAINST THE INTRODUCTION AND DISSEMINATION OF PLANT PESTS

7 USC 150dd.

7 USC 136 note.

Publication in Federal Register.

SEC. 1119. The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is amended by— (1) redesignating subsections (b), (c), and (d) in section 105 as (c), (d), and (e), respectively, and adding a new subsection (b) as follows: "(b)(l) Whereas, the existence of a plant pest new to or not theretofore known to be widely prevalent or distributed within and throughout the United States on any premises in the United States would constitute a threat to crops, other plant life, and plant products of the Nation and thereby seriously burden interstate or foreign commerce, whenever the Secretary determines that an extraordinary emergency exists because of the presence of such plant pest on any premises in the United States, and that the presence of such plant pest anywhere in the United States threatens the crops, other plant life, or plant products of the United States, the Secretary may (A) seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as the Secretary deems appropriate, any product or article of any character whatsoever, or means of conveyance which the Secretary has reason to believe is infested or infected by or contains any such plant pest; (B) quarantine, treat, or apply other remedial measures to, in such manner as the Secretary deems appropriate, any premises, including articles on such premises which the Secretary has reason to believe are infested or infected by any such plant pest: Provided, That any action taken under clauses (A) and (B) shall be consistent with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act: Provided further, That such action may be taken under this subsection only if the Secretary finds after review of measures taken by the State or other jurisdiction and after consultation with the Grovernor that the measures being taken are inadequate. Before any action is taken in any State or other jurisdiction under this subsection, the Secretary shall notify the Governor of the State or other jurisdiction, shall issue a public announcement and shall file a statement for publication in the Federal Register of the action the Secretary intends to take together with the findings and reasons therefor: Provided, That if it is not possible to make such a filing with the Federal Register prior to taking action, the filing shall be made within a reasonable time, not to exceedfivebusiness days, after commencement of the action. If the

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Secretary wishes to change any action previously taken under this subsection, the Secretary shall follow the procedure set forth in the preceding sentence. The cost of any action taken by the Secretary under this subsection shall be at the expense of the United States. "(2) The Secretary may pay compensation to producers and other persons for economic losses incurred by them as a result of the quarantine, destruction, or other action taken under the authority of paragraph (1) of this subsection. The determination by the Secretary of the amount of any compensation to be paid under this subsection shall be final. "(3) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection."; and (2) adding after the second semicolon in section 107 the following: "to stop and inspect without a warrant any person or means of conveyance moving intrastate upon probable cause to believe that the person or conveyance is carrying any product or article subject to treatment or disposal under the provisions of this Act or the regulations issued thereunder;".

Compensation

Appropriation authorization. 7 USC I50ff.

AUTHORITY TO RELEASE BEE GERM PLASM

SEC. 1120. Section 103 of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 283) is amended by adding immediately before the period "and may release bee germ plasm to the public". USER FEES FOR REPORTS AND PUBLICATIONS

SEC. 1121. The Secretary of Agriculture may furnish upon request 7 USC 2242a. copies of pamphlets, reports, or other publications prepared in the Department of Agriculture in carrying out agricultural economic research and statistical reporting functions authorized by law, and charge such fees therefor as the Secretary may determine to be reasonable: Provided, That the imposition of such charges shall be consistent with the provision of title V of the Act of August 31, 1951 (31 U.S.C. 483a), except that all moneys received in payment for work or services performed or for documents, reports, or other publications provided shall be deposited in a separate account or accounts to be available until expended and may be used to pay directly the costs of such work, services, documents, reports, or publications, and to repay or make advsmces to appropriations or funds which do or will initially bear all or part of such costs. INSPECTION AND OTHER STANDARDS FOR IMPORTED MEAT PRODUCTS

SEC. 1122. Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end thereof a new subsection as follows: "(f) Notwithstanding any other provision of law, edl carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, offered for importation into the United States shall be subject to the inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Any such imported meat articles that do not meet such standards shall not be permitted entry into the United States. The Secretary shall enforce this provision through (1) the imposition of random inspections for such species verification and for residues, and (2) random sampling and testing of interned

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Effective date.

PUBLIC LAW 97-98—DEC. 22, 1981 oiigans and fat of the carcasses for residues at the point of slaughter by the exporting country in accordance with methods approved by the Secretary. The provisions of this subsection shall become effective six months after enactment of the Agriculture and Food Act of 1981.".

TITLE Xn—AGRICULTURAL EXPORTS AND PUBLIC LAW 480 Subtitle A—General Export Provisions AGRICULTURAL EXPORT CREDIT REVOLVING FUND

7 USC 1707a. Establishment.

15 USC 714c.

Appropriation authorization.

SEC. 1201. Section 4 of the Food for Peace Act of 1966 (7 U.S.C. 1707(a) is amended by adding at the end thereof a new subsection as follows: "(d)(1) There is hereby established in the Treasury a revolving fund to be known as the Agricultural Export Credit Revolving Fund, which shall be available without fiscal year limitation for use by the Commodity Credit Corporation (hereafter referred to in this subsection as the '(Corporation') for financing in accordance with this section and section 5(f) of the (Commodity Credit (I!orporation Charter Act the following— "(A) commercial export sales of United States agricultural commodities out of private stocks or stocks owned or controlled by the (Corporation on credit terms of not to exceed three years; "(B) export sales of United States breeding animals (including, but not limited to, cattle, swine, sheep, and poultry), including the cost of freight from the United States to designated points of entry in other nations; and "(C) the establishment of facilities in importing countries to improve the capacity of such countries for handling, marketing, processing, storing, or distributing fungible agricultural commodities produced in and exported from the United States (through the use of local currency generated from the sale d United States agricultural commodities). "(2) The Corporation shall use the revolving fund only to extend credit for purposes of market development and expansion and only where there is substantial potential for developing or enhancing regular commercial markets for United States agricultural commodities. "(3) The Secretary of Agriculture shall ensure that the revolving fund is used in such a manner as to involve equitable use of the funds to finance sales to the greatest feasible number of countries consistent with maximizing market opportunities. In carrying out this objective, the Secretary shall establish procedures under which— "(A) not less than 85 per centum of the estimated amount in the revolving fund for any fiscal year shall be made available for the purposes provided in clause (A) of paragraph (1) of this subsection; and "(B) not to exceed 25 per centum of the estimated amount in the revolving fund for any fiscal year shall be made available for the financing of credit sales to any one country for the purposes described in paragraph (1) of this subsection. "(4) There are authorized to be appropriated to the Agricultural Export Credit Revolving Fund such sums as may be necessary to carry out the provisions of this subsection. All funds received by the Corporation in payment for credit extended by the Corporation using the revolving fund, including interest or other receipts on invest-

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ments and credit obligations, in financing export sales of the types specified in paragraph (1) of this subsection shall be added to and become a part of such revolving fund. "(5) The Secretary shall submit an annual report to Congress not later than December 1 of each year with respect to the use of the revolving fund in carrying out export credit sales by the Corporation in the previous fiscal year. Such report shall include, for the previous fiscal year, the names of the countries extended credit under this subsection, the total amount of such credit extended to each such country, the names of the United States exporters that received any such credit, the total amount of credit provided to each such exporter stated separately for each commodity for which the credit was extended, and a discussion and evaluation of the market development and expansion activities of the Corporation under this subsection during such fiscal year. The first such report shall be submitted to Congress not later than December 1, 1982. "(6) The revolving fund created by this subsection is abolished effective October 1, 1985, and all unobligated money in such fund on September 30, 1985, shall be transferred to and become part of the miscellaneous receipts account of the Treasury. "(7) The authority provided under this subsection shall be in addition to, and not in lieu of, any authority granted to the Secretary or the Corporation under any other provision of law. "(8) The authority provided under this subsection to incur obligations to make loans shall be effective only to the extent that such obligations do not exceed annual limitations on new direct loan obligations which shall be provided in annual appropriations Acts.".

Report to Congress.

Fund abolition.

CONGRESSIONAL CONSULTATION ON BILATERAL COMMODITY SUPPLY AGREEMENTS

SEC. 1202. As soon as practicable before the Government of the 7 USC I736h. United States enters into any bilateral international agreement, other than a treaty, involving a commitment on the part of the United States to assure access by a foreign country or instrumentality thereof to United States agriculture commoaities or products thereof on a commercial basis, the President is encouraged to notify and consult with the appropriate committees of Congress for the purpose of setting forth in detail the terms of and reasons for negotiating such agreement. SPECIAL STANDBY EXPORT SUBSIDY PROGRAM

SEC. 1203. (a) In order to discourage foreign countries or instrumen- 7 USC I736i. talities thereof from using subsidies to promote the exportation of agricultural commodities, the Secretary of Agriculture shall formulate a special standby export subsidy program for agricultural commodities or products thereof produced in the United States. Such program shall be designed to neutralize the effects of export subsidy programs instituted by foreign countries or instrumentalities to encourage exports of their agricultural commodities to foreign markets other than the United States. Qy) The Secretary may implement the special standby export subsidy program formulated under subsection (a) of this section only after the President— (1) makes a determination under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) that action by the United States is

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appropriate to obtain the elimination of an act, policy, or practice of a foreign country or instrumentality that results in— (A) substantial displacement of United States exports of agricultural commodites to foreign markets, or (B) prices for agricultural commodities in foreign markets materially below prices which suppliers of the same agricultural commodities produced in the United States must charge in order to supply such commodities to the same m£u*kets; (2) makes a determination that such act, policy, or practice of the foreign country or instrumentality concerned involves the use of export subsidies to encourage exports of such country's or instrumentality's agricultural commodities to foreign markets other than the United States; and (3) fails to reach a mutually acceptable resolution through consultation with the foreign country or instrumentality concerned. (c) The Secretary shall use the Commodity Credit Corporation in carrying out the special standby export subsidy program authorized by this section. (d) Notwithstanding any other provision of this section, the Secretary shall not implement the special standby export subsidy program for cotton. (e) The authority provided under this section shall be in addition to, and not in lieu of, any authority granted to the Secretary or the Commodity Credit Corporation by any other provision of law. AGRICULTURAL EMBARGO PROTECTION

7 USC 1736J.

SEC. 1204. Notwithstanding any other provision of law— (a) If the President or other member of the executive branch of the Federal Covernment causes the export of any agricultural commodity to any country or area of the world to be suspended or restricted for reasons of nationcQ security or foreign policy under the Export 50 USC app. 2401 Administration Act of 1979 or any other provision of law, and if such note. suspension or restriction of the export of such agricultural commodity is imposed other than in conn^ion with a suspension or restriction of all exports from the United States to such country or area of the world, and if sales of such agricultural commodity for export from the United States to such country or area of the world during the year preceding the year in which the suspension or restriction is imposed exceed 3 per centum of the total ssles of such commodity for export from the United States to all foreign countries during the year preceding the year in which the suspension or restriction is in effect, the Secretary of Agriculture shall compensate producers of the commodity involved by— (1) making payments available to such producers, as provided in subsection (b) of this section; (2) on the date on which the suspension or restriction is imposed, establishing the loan level for such commodity under 7 USC 1421 note. the Agricultural Act of 1949, if a loan program is in effect for the commodity, at 100 per centum of the parity price for the commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction; or (3) undertaking any combination of the measures described in clauses (1) and (2) of this subsection.

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(b) If the Secretary makes pa5nTients available to producers pursuant to clause (1) of subsection (a) of this section, the amount of such payment shall be determined by— (1) in the case of an agricultural commodity for which payments are authorized to be made to producers under title I of the Agricultural Act of 1949, multiplying (A) the producer's farm 7 USC 1441. program payment yield or the yield established for the farm for the commodity involved, times (B) the farm program acreage established for the commodity, times (C) the amount by which the average market price per unit of such commodity received by producers during the sixty-day period immediately following the date of the imposition of the suspension or restriction is less than 100 per centum of the parity price for such commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction; or (2) in the case of other agricultural commodities for which price support is authorized for producers under the Agricultural Act of 1949, multiplying the amount by which the average 7 USC 1421 note, market price per unit of such commodity received by the producers during the sixty-day period immediately following the date of the imposition of the suspension or restriction is less than 100 per centum of the parity price for such commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction, by the quantity of such commodity sold by the producer during the period that the suspension or restriction is in effect. (c) The payments made pursuant to clause (1) of subsection (b) of this section shall be made for each marketing year or part thereof during which the suspension or restriction is in effect and shall be made in equal amounts at ninety-day intervals, beginning ninety days after the date of the imposition oi the suspension or restriction. (d)(1) Any loan level established pursuant to clause (2) of subsection (a) of this section shall remain in effect as long as the suspension or restriction described in subsection (a) remains in effect. (2) Any commodity loan the level of which is increased by the Secretary pursuant to clause (2) of subsection (a) of this section shall be made available to producers of the commodity without interest. (e) The Secretary may issue such regulations as are deemed necessary to carry out the provisions of this section. (f) The Secretary shall use the Commodity Credit Corporation in carrying out the provisions of this section. (g) The provisions of this section shall become effective with respect Effective date. to any suspension or restriction of the export of any agricultural commodity, as described in subsection (a) of this section, implemented after the date of enactment of this Act. DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF EXPORT EMBARGOES ON AGRICULTURAL COMMODITIES

SEC. 1205. In order to alleviate, to the maximum extent possible, 7 USC I736k. the adverse impact on farmers, elevator operators, common carriers, and exporters of agricultural commodities when the President or other member of the executive branch of the Federal Government causes the export of any agricultural commodity to any country or area of the world to be suspended or restricted, the Secretary of Agriculture shall— (1) develop a comprehensive contingency plan that includes—

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