dreamproit/uscode huggingface dataset:
7 U.S.C. § 7258 (AGRICULTURE)
§ 7258. Standby authority to indicate entity best suited to provide international market development and export services
(a) Indication of entity best suited to assist international market development for and export of United States dairy products
The Secretary of Agriculture shall indicate which entity or entities autonomous of the Government of the United States, which seeks such a designation, is best suited to facilitate the international market development for and exportation of United States dairy products, if the Secretary determines that—
(1) the United States dairy industry has not established an export trading company under the Export Trading Company Act of 1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating the international market development for an exportation of dairy products produced in the United States on or before June 30, 1997; or
(2) the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1998 does not exceed the quantity of exports of United States dairy products during the 12-month period preceding July 1, 1997 by 1.5 billion pounds (milk equivalent, total solids basis).
(b) Funding of export activities
The Secretary shall assist the entity or entities identified under subsection (a) of this section in identifying sources of funding for the activities specified in subsection (a) of this section from within the dairy industry and elsewhere.
(c) Application of section
This section shall apply only during the period beginning on July 1, 1997 and ending on September 30, 2000.
(Pub. L. 104–127, title I, § 150, Apr. 4, 1996, 110 Stat. 921.)
heading: References in Text
text: The Export Trading Company Act of 1982, referred to in subsec. (a)(1), is title I of Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, as amended, which is classified generally to subchapter I (§ 4001 et seq.) of chapter 66 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 15 and Tables.
7 U.S.C. § 7259 (AGRICULTURE)
§ 7259. Study and report regarding potential impact of Uruguay Round on prices, income, and government purchases
(a) Study
The Secretary of Agriculture shall conduct a study, on a variety by variety of cheese basis, to determine the potential impact on milk prices in the United States, dairy producer income, and Federal dairy program costs, of the allocation of additional cheese granted access to the United States as a result of the obligations of the United States as a member of the World Trade Organization.
(b) Report
Not later than June 30, 1997, the Secretary shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives the results of the study conducted under this section.
(c) Rule of construction
Any limitation imposed by Act of Congress on the conduct or completion of studies or reports to Congress shall not apply to the study and report required under this section, unless the limitation specifically refers to this section.
(Pub. L. 104–127, title I, § 151, Apr. 4, 1996, 110 Stat. 922.)
7 U.S.C. § 7271 (AGRICULTURE)
§ 7271. Repealed. Pub. L. 107–171, title I, § 1310(a)(1), May 13, 2002, 116 Stat. 182
text: Section, Pub. L. 104–127, title I, § 155, Apr. 4, 1996, 110 Stat. 922, related to Secretary making nonrecourse loans available to producers of quota peanuts.
7 U.S.C. § 7281 (AGRICULTURE)
§ 7281. Administration
(a) Use of Commodity Credit Corporation
The Secretary shall carry out this chapter through the Commodity Credit Corporation.
(b) Omitted
(c) Determinations by Secretary
A determination made by the Secretary under this chapter shall be final and conclusive.
(d) Regulations
Not later than 90 days after April 4, 1996, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary to implement this chapter. The issuance of the regulations shall be made without regard to—
(1) the notice and comment provisions of section 553 of title 5;
(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804) relating to notices of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly know 1 as the “Paperwork Reduction Act”).
(Pub. L. 104–127, title I, § 161, Apr. 4, 1996, 110 Stat. 934.)
heading: References in Text
text: For definition of “this chapter”, referred to in text, see note set out under section 7201 of this title.
heading: Codification
text: Section is comprised of section 161 of Pub. L. 104–127. Subsec. (b) of section 161 of Pub. L. 104–127 amended sections 714b, 714i, and 714k of Title 15, Commerce and Trade.
7 U.S.C. § 7282 (AGRICULTURE)
§ 7282. Adjustments of loans
(a) Adjustment authority
The Secretary may make appropriate adjustments in the loan rates for any commodity for differences in grade, type, quality, location, and other factors.
(b) Manner of adjustment
The adjustments under the authority of this section shall, to the maximum extent practicable, be made in such manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined as provided in this chapter and title I of the Farm Security and Rural Investment Act of 2002 [7 U.S.C. 7901 et seq.].
(c) Adjustment on county basis
The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest such rate being 95 percent of the national average loan rate, except that such action shall not result in an increase in outlays. Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
(Pub. L. 104–127, title I, § 162, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1606, May 13, 2002, 116 Stat. 218.)
heading: References in Text
text: For definition of “this chapter”, referred to in subsec. (b), see note set out under section 7201 of this title.
The Farm Security and Rural Investment Act of 2002, referred to in subsec. (b), is Pub. L. 107–171, May 13, 2002, 116 Stat. 134. Title I of the Act is classified principally to chapter 106 (§ 7901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables.
heading: Amendments
text: 2002—Subsec. (b). Pub. L. 107–171 substituted “this chapter and title I of the Farm Security and Rural Investment Act of 2002” for “this chapter”.
7 U.S.C. § 7283 (AGRICULTURE)
§ 7283. Commodity Credit Corporation interest rate
(a) In general
Notwithstanding any other provision of law, the monthly Commodity Credit Corporation interest rate applicable to loans provided for agricultural commodities by the Corporation shall be 100 basis points greater than the rate determined under the applicable interest rate formula in effect on October 1, 1995.
(b) Sugar
For purposes of this section, raw cane sugar, refined beet sugar, and in-process sugar eligible for a loan under section 7272 of this title shall not be considered an agricultural commodity.
(Pub. L. 104–127, title I, § 163, Apr. 4, 1996, 110 Stat. 935; Pub. L. 107–171, title I, § 1401(c), May 13, 2002, 116 Stat. 187.)
heading: Amendments
text: 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
7 U.S.C. § 7285 (AGRICULTURE)
§ 7285. Commodity Credit Corporation sales price restrictions
(a) General sales authority
The Commodity Credit Corporation may sell any commodity owned or controlled by the Corporation at any price that the Secretary determines will maximize returns to the Corporation.
(b) Nonapplication of sales price restrictions
Subsection (a) of this section shall not apply to—
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of oil;
(3) a sale for seed or feed if the sale will not substantially impair any loan program;
(4) a sale of a commodity that has substantially deteriorated in quality or as to which there is a danger of loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising out of a contract or against a person who has committed fraud, misrepresentation, or other wrongful act with respect to the commodity;
(6) a sale for export, as determined by the Corporation; and
(7) a sale for other than a primary use.
(c) Presidential disaster areas
(1) In general
Notwithstanding subsection (a) of this section, on such terms and conditions as the Secretary may consider in the public interest, the Corporation may make available any commodity or product owned or controlled by the Corporation for use in relieving distress—
(A) 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 the use will not displace or interfere with normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the President to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Costs
Except on a reimbursable basis, the Corporation shall not bear any costs in connection with making a commodity available under paragraph (1) beyond the cost of the commodity to the Corporation incurred in—
(A) the storage of the commodity; and
(B) the handling and transportation costs in making delivery of the commodity to designated agencies at 1 or more central locations in each State or other area.
(d) Efficient operations
Subsection (a) of this section shall not apply to the sale of a commodity the disposition of which is desirable in the interest of the effective and efficient conduct of the operations of the Corporation because of the small quantity of the commodity involved, or because of the age, location, or questionable continued storability of the commodity.
(Pub. L. 104–127, title I, § 165, Apr. 4, 1996, 110 Stat. 936.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
7 U.S.C. § 7287 (AGRICULTURE)
§ 7287. Commodity Credit Corporation storage payments
(a) Initial crop years
Notwithstanding any other provision of law, for each of the 2008 through 2011 crop years, the Commodity Credit Corporation shall establish rates for the storage of forfeited sugar in an amount that is not less than—
(1) in the case of refined sugar, 15 cents per hundredweight of refined sugar per month; and
(2) in the case of raw cane sugar, 10 cents per hundredweight of raw cane sugar per month.
(b) Subsequent crop years
For each of the 2012 and subsequent crop years, the Commodity Credit Corporation shall establish rates for the storage of forfeited sugar in the same manner as was used on the day before the date of enactment of this section.
(Pub. L. 104–127, title I, § 167, as added Pub. L. 110–234, title I, § 1405, May 22, 2008, 122 Stat. 990, and Pub. L. 110–246, § 4(a), title I, § 1405, June 18, 2008, 122 Stat. 1664, 1718.)
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Section 1405 of Pub. L. 110–246, which directed that this section be added at the end of subtitle E of the Federal Agriculture Improvement and Reform Act of 1996, was executed by adding this section at the end of subtitle E of title I of that Act, to reflect the probable intent of Congress.
heading: Effective Date
text: Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
7 U.S.C. § 7302 (AGRICULTURE)
§ 7302. Effect of chapter
(a) Effect on prior crops
Except as otherwise specifically provided in this chapter and notwithstanding any other provision of law, this chapter and the amendments made by this chapter shall not affect the authority of the Secretary to carry out a price support or production adjustment program for any of the 1991 through 1995 crops of an agricultural commodity established under a provision of law in effect immediately before April 4, 1996.
(b) Liability
A provision of this chapter or an amendment made by this chapter shall not affect the liability of any person under any provision of law as in effect before April 4, 1996.
(Pub. L. 104–127, title I, § 172, Apr. 4, 1996, 110 Stat. 938.)
heading: References in Text
text: For definition of “this chapter”, referred to in text, see note set out under section 7201 of this title.
7 U.S.C. § 7312 (AGRICULTURE)
§ 7312. Composition
(a) Membership and appointment
The Commission shall be composed of 11 members, appointed as follows:
(1) Three members shall be appointed by the President.
(2) Four members shall be appointed by the Chairman of the Committee on Agriculture of the House of Representatives in consultation with the ranking minority member of the Committee.
(3) Four members shall be appointed by the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate in consultation with the ranking minority member of the Committee.
(b) Qualifications
At least 1 of the members appointed under each of paragraphs (1), (2), and (3) of subsection (a) of this section shall be an individual who is primarily involved in production agriculture. All other members of the Commission shall be appointed from among individuals having knowledge and experience in agricultural production, marketing, finance, or trade.
(c) Term of members; vacancies
A member of the Commission shall be appointed for the life of the Commission. A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made.
(d) Time for appointment; first meeting
The members of the Commission shall be appointed not later than October 1, 1997. The Commission shall convene its first meeting to carry out its duties under this subchapter 30 days after 6 members of the Commission have been appointed.
(e) Chairperson
The chairperson of the Commission shall be designated jointly by the Chairman of the Committee on Agriculture of the House of Representatives and the Chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate from among the members of the Commission.
(Pub. L. 104–127, title I, § 182, Apr. 4, 1996, 110 Stat. 938.)
7 U.S.C. § 7314 (AGRICULTURE)
§ 7314. Reports
(a) Report on initial review
Not later than June 1, 1998, the Commission shall submit to the President, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the initial review conducted under section 7313(a) of this title.
(b) Report on subsequent review
Not later than January 1, 2001, the Commission shall submit to the President and the congressional committees specified in subsection (a) of this section a report containing the results of the subsequent review conducted under section 7313(b) of this title.
(Pub. L. 104–127, title I, § 184, Apr. 4, 1996, 110 Stat. 940.)
7 U.S.C. § 7315 (AGRICULTURE)
§ 7315. Powers
(a) Hearings
The Commission may, for the purpose of carrying out this subchapter, conduct such hearings, sit and act at such times, take such testimony, and receive such evidence, as the Commission considers appropriate.
(b) Assistance from other agencies
The Commission may secure directly from any department or agency of the Federal Government such information as may be necessary for the Commission to carry out its duties under this subchapter. On the request of the chairperson of the Commission, the head of the department or agency shall, to the extent permitted by law, furnish such information to the Commission.
(c) Mail
The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the Federal Government.
(d) Assistance from Secretary
The Secretary shall provide to the Commission appropriate office space and such reasonable administrative and support services as the Commission may request.
(Pub. L. 104–127, title I, § 185, Apr. 4, 1996, 110 Stat. 940.)
7 U.S.C. § 7316 (AGRICULTURE)
§ 7316. Commission procedures
(a) Meetings
The Commission shall meet on a regular basis (as determined by the chairperson) and at the call of the chairperson or a majority of its members.
(b) Quorum
A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(Pub. L. 104–127, title I, § 186, Apr. 4, 1996, 110 Stat. 941.)
7 U.S.C. § 7317 (AGRICULTURE)
§ 7317. Personnel matters
(a) Compensation
Each member of the Commission shall serve without compensation, but shall be allowed travel expenses including per diem in lieu of subsistence, as authorized by section 5703 of title 5, when engaged in the performance of Commission duties.
(b) Staff
(1) Appointment
The Commission shall appoint a staff director, who shall be paid at a rate not to exceed the maximum rate of basic pay under section 5376 of title 5, and such professional and clerical personnel as may be reasonable and necessary to enable the Commission to carry out its duties under this subchapter without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, or any other provision of law, relating to the number, classification, and General Schedule rates.
(2) Limitation on compensation
No employee appointed under this subsection (other than the staff director) may be compensated at a rate to exceed the maximum rate applicable to level GS–15 of the General Schedule.
(c) Detailed personnel
On the request of the chairperson of the Commission, the head of any department or agency of the Federal Government is authorized to detail, without reimbursement, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties under this section. The detail of any individual may not result in the interruption or loss of civil service status or other privilege of the individual.
(Pub. L. 104–127, title I, § 187, Apr. 4, 1996, 110 Stat. 941.)
heading: References in Text
text: The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5.
heading: References to Maximum Rate Under 5 U.S.C. 5376
text: For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.
7 U.S.C. § 7332 (AGRICULTURE)
§ 7332. Risk management education
In consultation with the Commodity Futures Trading Commission, the Secretary shall provide such education in management of the financial risks inherent in the production and marketing of agricultural commodities as the Secretary considers appropriate. As part of such educational activities, the Secretary may develop and implement programs to facilitate the participation of agricultural producers in commodity futures trading programs, forward contracting options, and insurance protection programs by assisting and training producers in the usage of such programs. In implementing this authority, the Secretary may use existing research and extension authorities and resources of the Department of Agriculture.
(Pub. L. 104–127, title I, § 192, Apr. 4, 1996, 110 Stat. 942.)
7 U.S.C. § 7413 (AGRICULTURE)
§ 7413. Issuance of orders
(a) Issuance authorized
(1) In general
To effectuate the purpose of this subchapter, the Secretary may issue, and amend from time to time, orders applicable to—
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity and other persons in the marketing chain as appropriate; and
(C) the importers of the agricultural commodity, if imports of the agricultural commodity are subject to assessment under section 7415(f) of this title.
(2) National scope
Each order issued under this section shall be national in scope.
(b) Procedure for issuance
(1) Development or receipt of proposed order
A proposed order with respect to an agricultural commodity may be—
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by—
(i) an association of producers of the agricultural commodity; or
(ii) any other person that may be affected by the issuance of an order with respect to the agricultural commodity.
(2) Consideration of proposed order
If the Secretary determines that a proposed order is consistent with and will effectuate the purpose of this subchapter, the Secretary shall publish the proposed order in the Federal Register and give due notice and opportunity for public comment on the proposed order.
(3) Existence of other orders
In deciding whether a proposal for an order is consistent with and will effectuate the purpose of this subchapter, the Secretary may consider the existence of other Federal promotion, research, and information programs or orders issued or developed pursuant to any other law.
(4) Preparation of final order
After notice and opportunity for public comment under paragraph (2) regarding a proposed order, the Secretary shall take into consideration the comments received in preparing a final order. The Secretary shall ensure that the final order is in conformity with the terms, conditions, and requirements of this subchapter.
(c) Issuance and effective date
If the Secretary determines that the final order developed with respect to an agricultural commodity is consistent with and will effectuate the purpose of this subchapter, the Secretary shall issue the final order. Except in the case of an order for which an initial referendum is conducted under section 7417(a) of this title, the final order shall be issued and become effective not later than 270 days after the date of publication of the proposed order that was the basis for the final order.
(d) Amendments
From time to time the Secretary may amend any order, consistent with the requirements of section 7422 of this title.
(Pub. L. 104–127, title V, § 514, Apr. 4, 1996, 110 Stat. 1035.)