hum, barley, oats, and rye, 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. The foregoing restrictions shall not apply to (A) sales for new or byproduct uses; (B) sales of peanuts and oilseeds for the extraction of oil; (C) sales for seed or feed if such sales will not substantially impair any price-support program; (D) sales of commodities which have substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spilage; (E) sales for the purpose of establishing claims arising out of contract or against persons who have committed fraud, misrepresentation, or other wrongful acts with respect to the commodity; (F) sales for export; (G) sales of wool; and (H) sales for other than primary uses. Notwithstanding the foregoing, the Corporation, on such terms and conditions as the Secretary may deem in the public interest, shall make available any farm commodity or product thereof owned or controlled by it for use in relieving distress (1) in any area in the United States including the Virgin Islands declared by the President to be an acute distress area because of unemployment or other economic cause if the President finds that such use will not displace or interfere with normal marketing of agricultural commodities and (2) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under Public Law 875, Eighty-first Congress, as amended (42 U.S.C. 1855)5 and shall make feed owned or controlled by it available at any price not less than 75 per centum of the current basic county loan rate (or a comparable price if there is no current basic county loan rate) for assistance in the preservation and maintenance of foundation herds of cattle (including producing dairy cattle), sheep, and goats, and their offspring, in any area of the United States including the Virgin Islands' where, because of flood, drought, fire, hurricane, earthquake, storm, disease, insect infestation, or other catastrophe in such areas, the Secretary determines that an emergency exists which warrants such assistance, such feed to be made available only to persons who do not have, and are unable to obtain through normal channels of trade without undue financial hardship, sufficient feed for such livestock: Provided, That the Secretary may provide for the furnishing of feed, or mixed feed in accordance with regulations prescribed by him, to such persons by feed dealers under an arrangement whereby the feed grains (or other feed being sold by the Corporation) in the feed so furnished would be replaced with feed owned or controlled by the Corporation and sold to such persons at a price determined as provided The words "including the Virgin Islands" were added by P.L. 88-585, 78 Stat. 927, Sept. 11, 1964. See Act of Sept. 21, 1959, P.L. 86-299, 73 Stat. 574 (p. 42-8). P.L. 875, 81st Congress, should be read as the Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, May 22, 1974, as provided in that Act and in the Disaster Relief Act of 1970, P.L. 91-606. 84 Stat. 1759, Dec. 31, 1970, which repealed P.L. 81-875. The language appearing after "(42 U.S.C. 1855)" and before the colon was added by P.L. 87-127, 75 Stat. 293, Aug. 7, 1961. P.L. 88-585, 78 Stat. 927, Sept. 11, 1964, changed the minimum price and added the proviso. The minimum price provision was substituted for previous words by Sec. 409 of the Agricultural Act of 1970, P.L. 91-524, 84 Stat. 1367, Nov. 30, 1970, effective for the 1971, 1972, and 1973 marketing years. Sec. 1(16) of the Agriculture and Consumer Protection Act of 1973. P.L. 93-86, 87 Stat. 230, Aug. 10, 1973, made it effective through the 1977 marketing years. Sec. 408 of the Food and Agriculture Act of 1977. P.L. 95-113, 91 Stat. 927, Sept. 29, 1977, further extended the provision through the 1981 crops. The previous wording, which will become effective again with respect to the marketing years for the 1982 and subsequent crops, reads as follows: "current basic county support rate for such feed including the value of any applicable price support payment in kind (or a comparable price if there is no current county support rate)." See footnote 4. above. Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making such commodity available beyond the cost of the commodities to the Corporation in store and the handling and transportation costs in making delivery of the commodity to designated agencies at one or more central locations in each State or other area. Nor shall the foregoing restrictions apply to sales of commodities the disposition of which is desirable in the interest of the effective and efficient conduct of the Corporation's operations because of the small quantities involved, or because of age, location or questionable continued storability, but such sales shall be offset by such purchases of commodities as the Corporation determines are necessary to prevent such sales from substantially impairing any price-support program, 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. For the purpose of this section, sales for export shall not only include sales made on condition that the identical commodities sold be exported, but shall also include sales made on condition that commodities of the same kind and of comparable value or quantity be exported, either in raw or processed form.10 Notwithstanding the foregoing, whenever prior to December 31, 1963, the Secretary determines it necessary in order to assure the Nation an adequate supply of milk free of contamination by radioactive fallout, he may make feed owned or controlled by the Commodity Credit Corporation available to producers of milk in any area or areas of the United States at such prices and on such terms and conditions as he deems appropriate in the public interest.11 Notwithstanding any other provision of law, (1) the Commodity Credit Corporation shall sell upland cotton for unrestricted use at the same prices as it sells cotton for export, in no event, however, at less than 115 per centum of the loan rate for Strict Low Middling one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) adjusted for such current market differentials reflecting grade, quality, location, and other value factors as the Secretary determines appropriate plus reasonable carrying charges, 12 and (2) the Commodity Credit Corporation shall sell or make available for unrestricted use at current market prices in each marketing year a quantity of upland cotton equal to the amount by which the production of upland cotton is less than the The two preceding sentences were added by Sec. 301 of the Agricultural Trade Development and Assistance Act of 1954, P.L. 83-480, 68 Stat. 458. July 10, 1954. The words "or other area" were added by P.L. 88-585, 78 Stat. 927, Sept. 11, 1964. This sentence was added by P.L. 83-554, 68 Stat. 583, July 29, 1954. The language following "price-support program," was substituted for previous words by Sec. 409 of the Agricultural Act of 1970, P.L. 83-554, 84 Stat. 1367, Nov. 30, 1970, effective only with respect to the 1971, 1972, and 1973 marketing years. Sec. 1(16) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 230, Aug. 10, 1973, made this language effective through the 1977 marketing years. Sec. 408 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 928, Sept. 29, 1977, further extended the provision through the 1981 crops. The previous wording, which will again become effective with respect to the marketing years for the 1982 and subsequent crops, reads as follows: "but in no event shall the purchase price exceed the then current support price for such commodities. 10 This sentence was added by P.L. 84-395, 70 Stat. 6, Jan. 28, 1956. This sentence was added by Sec. 404 of the Food and Agriculture Act of 1962, P.L. 87-703, 76 Stat. 632, Sept. 27, 1962. 12 Sec. 603 of the Agricultural Act of 1970, P.L. 91-524, 94 Stat. 1377, Nov. 30, 1970, amended the preceding part of this sentence, effective only with respect to the period beginning August 1, 1971, and ending July 31, 1974. Sec. 1(21) of the Agriculture and Consumer Protection Act of 1973, P.L. 93-86, 87 Stat. 235, Aug. 10, 1973, extended the end of this period to July 31, 1978. Sec. 603 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 939, Sept. 29, 1977, changed the figure from 110 to 115 and the quality from Middling one-inch, and made this part of the sentence, as amended, effective for the period Aug. 1, 1978-July 31, 1982. Before the 1970 amendment this part of the sentence read as follows: "Notwithstanding any other provision of this section, for the period August 1, 1966, through July 31, 1971, the Commodity Credit Corporation shall sell upland cotton for unrestricted use at the same prices as it sells cotton for export, in no event, however, at less than 110 per centum of the loan rate, and (2). ." The date July 31, 1971, was substituted for July 31, 1970, by P.L. 90-559, 82 Stat. 996, Oct. 11, 1968. estimated requirements for domestic use and for export for such marketing year. The Secretary may make such estimates and adjustments therein at such times as he determines will best effectuate the provisions of part (2) of the foregoing sentence and such quantities of cotton as are required to be sold under such sentence shall be offered for sale in an orderly manner and so as not to affect market prices unduly. Notwithstanding any other provision of this section, effective August 1, 1968, the Commodity Credit Corporation shall make available during each marketing year for sale for unrestricted use at market prices at the time of sale, a quantity of American grown extra long staple cotton equal to the amount by which the production of such cotton in the calendar year in which such marketing year begins is less than the estimated requirements of American grown extra long staple cotton for domestic use and for export for such marketing year: Provided, That no sales shall be made at less than 115 per centum of the loan rate for extra long staple cotton under section 101(f) of this Act beginning with the marketing year for the first crop for which the national marketing quota for extra long staple cotton is not established under paragraph (3) of section 347(b) of the Agricultural Adjustment Act of 1938, as amended. The Secretary may make such estimates and adjustments therein at such times as he determines will best effectuate the provisions of the foregoing sentence and such quantities of cotton as are required to be sold under such sentence shall be offered for sale in an orderly manner and so as not to affect market prices unduly.14 (7 U.S.C. 1427.) 13 This and the following sentence were added by the Food and Agriculture Act of 1965, P.L. 89-321, 79 Stat. 1197, Nov. 3, 1965. 14 The last two sentences were added by P.L. 90-475, 82 Stat. 703, Aug. 11, 1968. COMMODITIES [See also sec. 416 of the Agricultural Act of 1949.] Commodity Credit Corporation Charter Act. SEC. 4(h) *** Notwithstanding any other provision of law, the Commodity Credit Corporation is authorized, upon terms and conditions prescribed or approved by the Secretary of Agriculture, to accept strategic and critical materials produced abroad in exchange for agricultural commodities acquired by the Corporation. Insofar as practicable, in effecting such exchange of goods, normal commercial trade channels shall be utilized and priority shall be given to commodities easily storable and those which serve as prime incentive goods to stimulate production of critical and strategic materials. The determination of the quantities and qualities of such materials which are desirable for stock piling and the determination of which materials are strategic and critical shall be made in the manner prescribed by section 31 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).1 Strategic and critical materials acquired by Commodity Credit Corporation in exchange for agricultural commodities shall, to the extent approved by the President, be transferred to the stock pile provided for the Strategic and Critical Materials Stock Piling Act; and when transferred to the stock pile the Commodity Credit Corporation shall be reimbursed for the strategic and critical materials so transferred to the stock pile from the funds made available for the purpose of the Strategic and Critical Materials Stock Piling Act, in an amount equal to the fair market value, as determined by the Secretary of the Treasury,2 of the material transferred to the stock pile. Nothing contained herein shall limit the authority of the Commodity Credit Corporation to acquire, hold, or dispose of such quantity of strategic and critical materials as it deems advisable in carrying out its functions and protecting its assets: . . . (15 U.S.C. 714b(h).) Agricultural Trade Development and Assistance Act of 1954, as amended. SEC. 310.3 The Secretary shall, whenever he determines that such action is in the best interest of the United States, and to the maximum extent practicable, barter or exchange agricultural commodies owned by the Commodity Credit Corporation for (a) such strategic or other materials of which the United States does not domestically produce its requirements and which entail less risk of loss through deterioration or substantially less storage charges as the President may designate, or (b) materials, goods, or equipment required in connection with foreign economic and military aid and assistance programs, or (c) materials or equipment required in substantial quantities for offshore construction programs. He is hereby directed to use every practicable means, in cooperation with other Government agencies, to arrange and make, through private channels, such barters or ex "3" substituted for "2", Code citation substituted for old Stat. citation, and "President" substituted for "Munitions Board of the National Military Establishment" by Sec. 3 of the Strategic and Critical Materials Stock Piling Act, P.L. 96-41, 93 Stat. 325, July 30, 1979. This function was transferred to the Administration of General Services by Sec. 102 of P.L. 81-152, 63 Stat. 380, June 30, 1949, 40 U.S.C. 752(a). Formerly Sec. 303, but renumbered Sec. 310 by Sec. 211 of the International Development and Food Assistance Act of 1977, P.L. 95-88, 91 Stat. 548, Aug. 3, 1977. * See section 401 of the Agricultural Trade Development and Assistance Act of 1954, as amended, on p. 39-1. changes or to utilize the authority conferred on him by section 4(h) of the Commodity Credit Corporation Charter Act, as amended, to make such barters or exchanges. In carrying out barters or exchanges authorized by this section, no restrictions shall be placed on the countries of the free world into which surplus agricultural commodities may be sold, except to the extent that the Secretary shall find necessary in order to take reasonable precautions to safeguard usual marketings of the United States and to assure that barters or exchanges under this Act will not unduly disrupt world prices of agricultural commodities or replace cash sales for dollars. The Secretary may permit the domestic processing of raw materials of foreign origin. The Secretary shall endeavor to cooperate with other exporting countries in preserving normal patterns of commercial trade with respect to commodities covered by formal multilateral international marketing agreements to which the United States is a party. Agencies of the United States Government procuring such materials, goods, or equipment are hereby directed to cooperate with the Secretary in the disposal of surplus agricultural commodities by means of barter or exchange. The Secretary is also directed to assist, through such means as are available to him, farmers' cooperatives in effecting exchange of agricultural commodities in their possession for strategic materials. Barter or exchange of agricultural commodities under clause (a) of this section shall be limited to exchange for materials which originate in the country to which the surplus agricultural commodities are exported and to arrangements which will prevent resale or transshipment of the agricultural commodities to other countries.5 (7 U.S.C. 1692.) Agricultural Act of 1956, as amended. SEC. 206.6 (a) Strategic and other materials acquired by the Commodity Credit Corporation as a result of barter or exchange of agricultural commodities or products, unless acquired for the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h) or for other purposes shall be transferred to the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1704)7; but no strategic or critical material shall be acquired by the Commodity Credit Corporation as a result of such barter or exchange, except for such national stockpile, for such supplemental stockpile, for foreign economic or military aid or assistance programs, or for offshore construction programs, or to meet requirements of government agencies.9 8 (b) [This subsection which provided that strategic materials acquired by the Commodity Credit Corporation as a result of barter or exchange of agricultural commodities or products may be entered or withdrawn from warehouse free of duty, was repealed by the Act of May 24, 1962, P.L. 87-456, 76 Stat. 78. The effective date of the repeal was provided for in sec. 102 of the same Act.] Last sentence added by the Act of July 29, 1968, P.L. 90-426, 82 Stat. 451. As originally enacted, and amended, section 104(b), which was contained in Title I of the Act (P.L. 480), in authorized the use of foreign currencies generated under that Act to be used for the acquisition of strategic and other materials to be placed in a supplemental stockpile. When Title I was revised by the Food for Peace Act of 1966, P.L. 89–808, 80 Stat. 1529, effective January 1, 1967, the provision (section 104(b)) with respect to the supplemental stockpile was omitted. However, the supplemental stockpile continues in existence. The material following the semicolon and through "construction programs" was added by the Act of September 6, 1958, P.L. 85-931, 72 Stat. 1791. * This phrase was added by the Act of September 21, 1959, P.L. 86-342, 73 Stat. 611. |