An Act to amend and extend the provisions of the Sugar Act of 1948, as amended
PL 89-331 (H.R.11135), enacted 11/08/1965

79 STAT. ] 
PUBLIC LAW 89-331-NOV. 8, 1965 
1271 
Public Law 89-331 
AN A C T 
November 8, 1965 
To amend and extend the provisions of the Sugar Act of 19^8, as amended. 
[H. R. 11135] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
sugar Act 
be cited as the "Sugar Act Amendments of 1965". 
i^^s" ™
^
" ^ ° 
SEC. 2. Section 201 of the Sugar Act of 1948, as amended, is 
eistat. 923. 
amended (1) by striking out of the first sentence the words "month of 
^ ^^^ ^ ^' '• 
December in" and substituting the words "last three months of"; and 
(2) by striking out of the second sentence "October 31" and sub-
stituting "September 30". 
SEC. 3. Section 202 of the Sugar Act of 1948, as amended, is 
^e stat. ise. 
J J 
-e n 
'
7 
u s e 1112. 
amended as follows: 
(1) Paragraphs (1) and (2) (A) of subsection (a) are amended 
1 o read as follows: 
"(a)(1) For domestic sugar-producing areas, by apportioning 
Quotas, domes-
among such areas six million three hundred and ninety thousand short j^g ^eas.*^' ° 
tons, raw value, as follows: 
Short tons, 
"Area 
raw value 
Domestic beet sugar 
3, 025, 000 
Mainland cane sugar 
1,100, 000 
Hawaii 
1,110, 000 
Puerto Rico 
1,140, 000 
Virgin Islands 
15, 000 
Total 
6, 390, 000 
"(2) (A) To or from the above total of six million three hundred 
and ninety thousand short tons, raw value, there shall be added or 
deducted, as the case may be, an amount equal to 65 per centum of the 
amount by which the Secretary's determination of requirements of 
consumers in the continental United States pursuant to section 201 for 
the calendar year exceeds ten million four hundred thousand short 
tons, raw value, or is less than nine million seven hundred thousand 
short tons, raw value. Such amount shall be apportioned between 
the domestic beet sugar area and the mainland cane sugar area on the 
basis of the quotas for such areas established under paragraph (1) 
of this subsection and the amounts so apportioned shall be added to, 
or deducted from the quotas for such areas." 
(2) Subsection (b) is amended to read as follows: 
"(b) For the Republic of the Philippines, in the amount of one 
Republic of the 
million and fifty thousand short tons, raw value, plus 10.86 per centum P'^^^^PP*"^^-
of the amount, not exceeding seven hundred thousand short tons, raw 
value, by which the Secretary's determination of requirements of 
consumers in the continental United States pursuant to section 201 
for the calendar year exceed nine million seven hundred thousand 
short tons, raw value." 
(3) Subsection (c) is amended to read as follows: 
"(c)(1) For foreign countries other than the Republic of the Philip- 
Foreign coun. 
pines, an amount of sugar, raw value, equal to the amount determined 
pursuant to section 201 less the sum of the quotas established pursuant 
to subsection (a) and (b) of this section. 
"(2) For the calendar year 1965, for individual foreign countries 
6ther than the Republic of the Philippines, by prorating the amount 
of sugar determined under paragraph (1) of this subsection among 
foreign countries on the basis of the quotas established in sugar regu-
lation 811, as amended, issued February 15, 1965 (30 F.R. 2206). 
"(3) For the calendar year 1966 through 1971, inclusive, for indi-
vidual foreign countries other than the Republic of the Philippines, 
1272 
PUBLIC LAW 89-331-NOV. 8, 1965 
[79 STAT. 
Ireland, and the Bahama Ishmds, by prorating the amount of sugar 
determined under paragraph (1) of this subsection, less the amoimts 
required to establish quotas as provided in paragraph (4) of this 
subsection for Ireland and the Bahama Islands, among foreign coun-
tries on the following basis: 
"(A) For countries in the Western Hemisphere: 
"Country 
Per centum 
Cuba 
50.00 
Mexico 
7. 73 
Dominican Republic 
7. 56 
Brazil 
7.56 
Peru 
6.03 
British West Indies 
3.02 
Ecuador 
1. lo 
/ 
French West Indies 
.5)5 
Argentina 
. 93 
Costa Rica 
.89 
Nicaragua 
.89 
Colombia 
. 80 
Guatemala 
. 75 
Panama 
. 56 
El Salvador 
. 55 
Haiti 
.42 
Venezuela 
.38 
British Honduras 
. 22 
Bolivia 
.00 
Honduras 
. 09 
"(B) For countries outside the Western Hemisphere: 
"Country 
Per centum 
Australia 
. 
3.60 
Republic of China 
1.50 
India 
1. 44 
South Africa 
1. ()6 
Fiji 
.79 
Thailand 
.33 
Mauritius 
. 33 
Malagasy Republic 
. 17 
Swaziland 
• 13 
Southern Rhodesia 
• 13 
"(4) For the calendar year 1966 and each subsequent calendar year, 
for Ireland, in the amount of five thousand three hundred and fifty-
one short tons, raw value, of sugar: and for the calendar year 1968 
and each subsequent calendar year, for the Bahama Islands, in the 
amount of ten thousand short tons, raw value, of sugar: 
Provided. 
That the Secretary obtains such assurances from each such country 
as he may deem appropriate prior to January 1 of each such calendar 
year that the quota for such year will be filled with sugar produced in 
such country. 
(4) Subsections (d), (e), and (f) are hereby amended and sub-
7^us*c*'i 112' 
«t^<'tion (g) is added to read as follows: 
"(d) Notwithstanding any other provision of this Act^— 
ing o'f^quotl'!*'"^'^' 
"(1) (A) During the current period of suspension of diplomatic 
relations between the United States and Cuba, the quota provided 
for Cuba under subsection (c) shall be withheld and a quantity of 
sugar equal to such quota shall be prorated as follows: 
"(i) any quantity of quota withheld from Cuba at a deter-
mination up to and including the amount of ten million short 
61 |t^t. 9 23. 
tQj^g^ y^^y^- value, under section 201 shall be prorated to othei' 
^ 
• 
foreign countries named in paragraph (8) of subsection (c) 
on the basis of the peiventages stated therein; and, in addition, 
"(ii) any quantity of quota withheld from Cuba at a deter-
mination in excess of the amount of ten million short tons, 
raw value, under section -201, shall l)e prorated to other 
foreign countries nanied in paragraph (8) (A) of subsection 
Irel and. 
Bahama Islands. 
79 STAT.] 
PUBLIC LAW 89-331-NOV. 8, 1965 
1273 
(c) that ai*e members of the Organization of American States 
on the basis of the percentages stated therein. 
"(B) Whenever and to the extent that the President finds that 
the establishment or continuation of a quota or any part thereof 
for any foreign country would be contrary to the national interest 
of the United States, such quota or part thereof shall be withheld 
or suspended, and such importation shall not be permitted. 
A 
quantity of sugar equal to the amount of any quota so withheld 
or suspended shall be prorated to the other countries listed in 
subsection (c)(3)(A) (other than any country whose quota is 
withheld or suspended) on the basis of the quotas then in effect 
for such countries. 
"(C) The quantities of sugar prorated pursuant to the fore-
going provisions of this subsection shall be designated as tem-
porary quotas and the term 'quota' as defined in this Act shall 
include a temporary quota established under this subsection. 
"(2) (A) Whenever the Secretary finds that it is not prac-
ticable to obtain the quantity of sugar needed from foreign coun-
tries to meet any increase during the year in the requirements of 
consumers under section 201 by apportionment to countries pur-
suant to subsections (b) and (c) and the foregoing provisions of 
this subsection, such quantity of sugar may be imported on a 
first-come, first-served basis from any foreign country, except 
that no sugar shall be authorized for importation from Cuba 
until the United States resumes diplomatic relations with that 
country and no sugar shall be authorized for importation here-
under from any foreign country with respect to which a finding 
by the President is in effect under paragraph (1) (B) of this sub-
section : Provided^ That such finding shall not be made in the first 
nine months of the year unless the Secretary also finds that limited 
sugar supplies and increases in prices have created or may create 
an emergency situation significantly interfering with the orderly 
movement of foreign raw sugar to the United States. 
In author-
izing the importation of such sugar the Secretary shall give 
special consideration to countries which agree to purchase for 
dollars additional quantities of United States agricultural prod-
ucts. 
In the event that the requirements of consumers under 
section 201 are thereafter reduced in the same calendar year, an 
amount not exceeding such increase in requirements shall be 
deducted pro rata from the quotas established pursuant to sub-
section (c) and this subsection. 
"(B) Sugar imported under the authority of this paragraph 
(2) shall be raw sugar, except that if the Secretary determines 
that the total quantity is not reasonably available as raw sugar, 
he may authorize the importation for direct consumption of so 
much of such quantity as he determines may be required to meet 
the requirements of consumers in the United States. 
" (3) No quota shall be established for any country, other than 
the Bahama Islands, Bolivia, Honduras, and Ireland, for the 
year following a period of twenty-four months, ending June 30 
prior to the establishment of quotas for such year, in which 
its aggregate imports of sugar equaled or exceeded its aggregate 
exports of sugar from such cotmtry to countries other than 
the United States. 
"(4) Whenever in any calendar year any foreign country fails, 
subject to such reasonable toilerance as the Secretary may deter-
mine, to fill the quota as established for it pursuant to this Act, 
the quota for such country for subsequent calendar years shall 
be reduced by the smaller of (i) the amount by which such country 
failed to fill such quota or (ii) the amount by which its exports 
Withholding of 
quotas, Presi-
dential determinai-
tion. 
"Quota." 
Emergency pro-
vision. 
61 Stat. 9 23. 
7 use nil. 
Imports from 
Cuba, restriction,. 
Import-export re-
striction. 
Penalty provi-
sion, reduction c 
quotas. 
49-850 0-66—83 
1274 
PUBLIC LAW 89-331-NOV. 8, 1965 
[79 STAT. 
Post, p. 1275. 
Restoration of 
quotas, Presi-
dential determina-
tion. 
61 Stat. 923. 
7 u s e 1111. 
Quota limitation 
on quarterly basis. 
of sugar to the United States in the year such quota was not filled 
was less than 115 per centum of such quota for the preceding 
calendar year: Provided, 
That (i) no such reduction shall be 
made if the country has notified the Secretary before August 1 of 
such year (or, with respect to events occurring thereafter, as 
soon as practicable after such event), of the likelihood of such 
failure and the Secretary finds that such failure was due to 
crop disaster or other force majeure, unless such country exported 
sugar in such year to a country other than the United States, 
in which case the reduction in quota for the subsequent years 
shall be limited to the amount of such exports, as determined 
by the Secretary, and (ii) in no event shall the quota for the 
Republic of the Philippines be reduced to an amount less than 
nine hundred and eighty thousand short tons, raw value, of sugar. 
"(5) Any reduction in a quota because of the requirements of 
paragraphs (3) and (4) of this subsection shall be prorated to 
other foreign countries in the same manner as deficits are prorated 
under section 204 of this Act. 
For purposes of determining 
unfilled portions of quotas, entries of sugar from a foreign coun-
try shall be prorated between the temporary quota established 
pursuant to paragraph (1) of this subsection and the quota estab-
lished pursuant to subse<;tion (c). 
"(6) If any foreign country fails to give assurance to the 
Secretary, on or before December 31, 1965, that such country 
will fill the quota as established for it under subsection (c) (3) 
and paragraph (1) of this subsection for years after 1965, the 
quota for such country for such years shall be reduced to the 
amount which the country gives assurance that it will fill for 
such years. 
The portion of the quota for such country for which 
such assurance is not given shall be withdrawn for such years 
and a quantity of sugar equal to such portion shall be prorated 
to other foreign countries in the same manner as deficits are 
prorated under section 204 of this Act. 
For purposes of applying 
paragraph (4) of this subsection, any reduction in the quota of 
a foreign country under this paragraph shall be disregarded. 
"(e) Whenever the President finds that it is no longer contrary to 
the national interest of the United States to reestablish a quota or part 
thereof withheld or suspended under subsection (d) (1) of this section, 
and, in the case of Cuba, diplomatic relations have been resumed by 
the United States, such quota shall be restored in the manner the 
President finds appropriate: Provided, That the entire amount of 
such quota shall be restored for the third full calendar year following 
such finding by the President. 
The temporary quotas established pur-
suant to subsection (d) (1) shall, notwithstanding any other provi-
sion of this section, be reduced pro rata to the extent necessary to 
restore the quota in accordance with the provisions of this subsection. 
"(f) Whenever any quota is required to be reduced pursuant to 
subsection (e) or because of a reduction in the requirements of con-
sumers under section 201 of this Act, and the amount of sugar 
imported from any country or marketed from any area at the time 
of such reduction exceeds the reduced quota, the amount of such 
excess shall, notwithstanding any other provision of this section, be 
deducted from the quota established for such country or domestic 
area for the next succeeding calendar year. 
"(g) The Secreta,ry is authorized to limit, through the use of 
limitations applied on a quarterly basis only, the importation of sugar 
within the quota for any foreign country during the first and second 
quarters of any calendar year whenever he determines that such limi-
tation is necessary to achieve the objectives of the Act: Provided, That 
79 STAT. ] 
PUBLIC LAW 89-331-NOV. 8, 1965 
1275 
this subsection shall not operate to reduce the quantity of sugar per-
mitted to be imported for any calendar year from any country below 
its quota, including deficits allocated to it, for that year. 
"(h) The quota established for any foreign country and the quan-
tity authorized to be imported from any country under subsection 
(d) (2) of this section may be filled only with sugar produced from 
sugarbeets or sugarcane grown in such country." 
SEC. 4. Section 204 of the Sugar Act of 1948, as amended, is amended 
Reallocation of 
to read as follows: 
^^e'^stat. 1
,
5
0
, 
"SEC. 204. (a) The Secretary shall from time to time determine 169. 
Avhether, in view of the current inventories of sugar, the estimated 
"^ "^^ ^^''^' 
production from the acreage of sugarcane or sugarbeets planted, the 
normal marketings within a calendar year of new-crop sugar, and 
other pertinent factors, any area or country will be unable to market 
the quota for such area or country. If the Secretary determines that 
any domestic area or foreign country listed in section 202(c) (3) (A) 
^"''^' P" ^272. 
will be unable to market its quota, he shall revise the quota for the 
Republic of the Philippines by allocating to it an amount of sugar 
equal to 47.22 per centum of the deficit, and shall allocate an amount 
of sugar equal to the remainder of the deficit to the countries listed 
in section 202(c) (3) (A) on the basis of the quotas then in effect for 
such countries: Provided^ That any deficit resulting from the inability 
of a country which is a member of the Central American Common 
Market to nil its quota shall first be allocated to the other member 
countries on the basis of the quotas then in effect for such countries: 
Arid 'provided further. That if any quota is restored to Cuba, the maxi-
mum per centum of 47.22 of the deficit to be allocated to the Republic 
of the Philippines shall be reduced to a per centum equal to that 
which the Philippine quota under subsection (b) of section 202 bears 
to the sum of such Philippine quota and the quotas then in effect for 
all foreign countries pursuant to subsection (c) of section 202. 
If 
the Secretary determines the Republic of the Philippines will be 
unable to fill its share of any deficit determined under the foregoing 
provisions of this subsection, he shall allocate such unfilled amount 
to the countries listed in section 202(c) (3) (A) on the basis of the 
quotas then in effect for such countries. If the Secretary determines 
that neither the Republic of the Philippines nor the countries listed 
in section 202(c) (3) (A) can fill all of any such deficit, he shall appor-
tion such unfilled amount on such basis and to such foreign countries 
as he determines is required to fill such deficit. 
If the Secretary 
determines that any foreign country with a quota established pursuant 
to section 202(c) (3) (B) or section 202(c) (4) will be unable to market 
the quota for such area or country, he shall revise the quota for the 
Republic of the Philippines by allocating to it an amount of sugar 
equal to 47.22 per centum of the deficit, and shall allocate an amount 
of sugar equal to the remainder of the deficit to the countries listed 
in section 202(c) (3) (B) on the basis of the quotas then in effect for 
such countries: Provided^ That if any quota is restored to Cuba, the 
maximum per centum of 47.22 of the deficit to be allocated to the 
Republic of the Philippines shall be reduced to a per centum equal 
to that which the Philippine quota under subsection (b) of section 
202 bears to the sum of such Philippine quota and the quotas then in 
effect for all foreign countries pursuant to subsection (c) of section 
202. If the Secretary determines the Republic of the Philippines 
will be unable to fill its share of any deficit determined for any country 
listed in section 202(c) (3) (B), he shall allocate such unfilled amount 
to the countries so listed on the basis of the quotas then in effect for 
such countries. If the Secretary determines that neither the Republic 
of the Philippines nor the countries listed in section 202(c) (3) (B) 
can fill all of any such deficit, he shall apportion such unfilled amount 
Ante, p. 127 1. 
1276 
PUBLIC LAW 89-331-NOV. 8, 1965 
[79 STAT. 
on such basis and to such foreign countries as he determines is required 
to fill such deficit. 
If the Secretary determines that the Republic 
of the Philippines will be unable to market its quota, he shall allocate 
an amount of sugar equal to the deficit to the countries listed in section 
202(c) (3) on the basis of the quotas then in effect for such countries. 
Deficits shall not be allocated to any country whose quota has been 
suspended or withheld pursuant to subsection (d) (1) of section 202. 
The Secretary shall insofar as practicable determine and allocate 
deficits so as to assure the availability of the sugar for importation 
during the calendar year. 
In any event, any deficit, so far as then 
known, shall be determined and allocated by August 1 of the calendar 
year. 
In making allocations for foreign countries within the Western 
Hemisphere under this subsection, special consideration shall be given 
to those countries purchasing United States agricultural commodities. 
Notwithstanding the foregoing provisions of this subsection, if the 
President determines that such action would be in the national 
interest, any part of a deficit which would otherwise be allocated to 
countries listed in section 202(c) may be allocated to one or more of 
such countries with a quota in effect on such basis as the President 
finds appropriate, 
"(b) The quota established for any domestic area or any foreign 
country under section 202 shall not be reduced by reason of any deter-
mination of a deficit existing in any calendar year under subsection 
(a) of this section: Provided^ That the quota for any foreign country 
shall be reduced to the extent that it has notified the Secretary that it 
cannot fill its quota and the Secretary has found under section 202(d) 
(4) that such failure was due to crop disaster or other force majeure." 
Allotment of 
g^c. 5. Sectiou 205 of the Sugar Act of 1948, as amended, is 
61 Stat. 9 26. 
amended, (1) by msertmg after the third sentence thereof the follow-
7 use 1115. 
ing new sentence: "The Secretary is also authorized in making such 
allotments of a quota for any calendar year to take into consideration, 
in lieu of or in addition to the foregoing factors of processing, past 
marketings, and ability to market, the need for establishing an allot-
ment which will permit such marketing of sugar as is necessary for 
the reasonably efficient operation of any nonaffiliated single plant 
processor of sugarbeets or any processor of surgarcane and as may be 
necessary to avoid unreasonable carryover of sugar in relation to other 
processors in the area: Provided^ That the marketing allotment of any 
such processor of sugarbeets shall not be increased under this provision 
above an allotment of twenty-five thousand short tons, raw value, and 
the marketing allotment of a processor of sugarcane shall not be 
increased under this provision above an allotment equal to the effective 
inventory of sugar of such processor on January 1 of the calendar 
year for which such allotment is made, except that the marketing 
allotment for 1965 of any processor of sugarcane, other than a 
processor-refiner, may, in the discretion of the Secretary, be increased 
by an additional six thousand two hundred short tons of sugar, raw-
value : Provided further^ That the total increases in marketing allot-
ments made pursuant to this sentence to processors in the domestic 
beet sugar area shall be limited to twenty-live thousand short tons of 
sugar, raw value, for each calendar year and to processors in the 
mainland cane sugar area shall be limited to sixteen thousand short 
tons of sugar, raw value, for each calendar year."; and (2) by adding 
at the end of subsection (a) the following sentence: "If allotments 
are in effect at the time of a reduction in a domestic area quota for 
any year, the amount marketed by a person in excess of the amount of 
his allotment as reduced in conformity with the reduction in the quota 
shall not be taken into consideration in establishing an allotment in 
the next succeeding year for such person, and any allotment estab-
quotas. 
79 STAT. ] 
PUBLIC LAW 89-331-NOV. 8, 1965 
1277 
lished for sucli person for the next succeeding year shall be reduced 
by such excess amount." 
SEC. 6. Section 206 of the Sugar Act of 1948, as amended, is amended 
sugar-containing 
1 
/. n 
^ 
' 
' 
products, limita-
to read as lollows: 
tion„ 
"SEC. 206. (a) If the Secretary determines that the prospective 
76 stat. lei. 
importation or bringing into the continental United States, Hawaii, or 
^ ^^^ ^ ^ '^' 
Puerto Rico of any sugar-containing product or mixture will substan-
tially interfere with the attainment of the objectives of this Act, he 
may limit the quantity of such product or mixture to be imported or 
brought in from any country or area to a quantity which he determines 
wdll not so interfere: Provided, That the quantity to be imported or 
brought in from any country or area in any calendar year shall not be 
reduced below the average of the quantities of such product or mixture 
annually imported or brought in during the most recent three consecu-
tive years for which reliable data of the importation or bringing in of 
such product or mixture are available. 
"(b) In the event the Secretary determines that the prospective 
importation or bringing into the continental United States, Hawaii, or 
Puerto Rico, of any sugar-containing product or mixture will sub-
stantially interfere with the attainment of the objectives of this Act 
and there are no reliable data available of such importation or bring-
ing in of such product or mixture for three consecutive years, he may 
limit the quantity of such product to be imported or brought in 
annually from any country or area to a quantity which the Secretary 
determines will not substantially interfere with the attainment of the 
objectives of the Act, provided that such quantity from any one coun-
try or area shall not be less than a c[uantity containing one hundred 
short tons, raw value of sugar or liquid sugar. 
"(c) In determining whether the actual or prospective importation 
or bringing into the continental United States, Hawaii, or Puerto 
Rico of a quantity of a sugar-containing product or mixture will or 
will not substantially interfere w^th the attainment of the objectives 
of this Act, the Secretary shall take into consideration the total sugar 
content of the product or mixture in relation to other ingredients or 
to the sugar content of other products or mixtures for similar use, 
the costs of the mixture in relation to the costs of its ingredients for 
use in the continental United States, Hawaii, or Puerto Rico, the 
present or prospective volume of importations relative to past im-
portations, the type of packaging, whether it will be marketed to 
the ultimate consumer in the identical form in which it is imported 
or the extent to which it is to be further subjected to processing or 
mixing with similar or other ingredients, and other pertinent infor-
mation which will assist him in making such determination. In mak-
ing determinations pursuant to this section, the Secretary shall con-
form to the rulemaking requirements of section 4 of the Administrative 
Procedure Act." _ 
_ 
fusc^'io^s' 
SEC. 7. Subsections (d) and (e) of section 207 of the Sugar Act 
Direct-consump. 
of 1948, as amended, are amended as follows: 
tion sugar, uraita-
"(d) Not more than fifty-nine thousand nine hundred and twenty 'Tusc 1117. 
short tons, raw value, of the quota for the Republic of the Philip-
pines may be filled by direct-consumption sugar. 
"(e) None of the quota established for any foreign country other 
than the Republic of the Philippines and none of the deficit prorations 
and apportionments for any foreign country established under or in 
accordance with section 204(a) may be filled by direct-consumption 
sugar: Pro'vlded, That the quotas for Ireland, and Panama may be 
filled by direct-consumption sugar to the extent of five thousand 
three hundred and fifty-one short tons, raw value, for Ireland and 
three thousand eight hundred and seventeen short tons, raw value, 
for Panama." 
Ante, 
p. 1275. 
1278 
PUBLIC LAW 89-331-NOV. 8, 1965 
[79 STAT. 
76 Stat. 162. 
7 u s e 1119. 
61 Stat. 9 29. 
7 u s e 1122. 
68 A Stat. 80 I. 
26 u s e 6418. 
SEC. 8. Section 209 of the Sugar Act of 1948, as amended, is 
amended by striking from subsection (e) thereof the words "any 
sugar or liquid sugar-' and inserting in lieu thereof the following: 
"any sugar or liquid sugar in excess of one hundred pounds in any 
calendar year". 
SEC. 9. (a) Section 212 of the Sugar Act of 1948, as amended, is 
amended by mserting before the period at the end thereof the follow-
ing: ", or for the production (other than by distillation) of alcohol, 
including all polyhydric alcohols, but not including any such alcohol 
or resulting by-products for human food consumption". 
(b) Section 6418(a) of the Internal Kevenue Code of 1954 is 
amended— 
(1) by inserting "OR PRODUCTION" after "DISTILLATION" in the 
heading of such section, and 
(2) by inserting after "the distillation of alcohol," in the text 
of such section the following: "or for the production of alcohol 
(other than alcohol produced for human food consumption),". 
(c) The heading of section 6511(e)(1) of the Internal Kevenue 
26 use 6511. 
Code of 1954 is amended by inserting 
"OR PRODUCTION" after 
"DISTILLATION". 
Tusc^'ius 
^^^- 1^- Section 213 of the Sugar Act of 1948, as amended, is 
repealed. 
Proportionate 
g^^. 11. Scctlou 302 of the SugaT Act of 1948, as amended, is 
shares, determina- 
T i 
<
» n 
' 
' 
tion. 
amended as follows: 
76 Stat. 164. 
(1) Paragraph (1) of subsection (b) is amended to read as follows: 
7 use 1132. 
*'(b)(1) The Secretary shall determine for each crop year 
whether the production of sugar from any crop of sugarbeets or 
sugarcane will, in the absence of proportionate shares, be greater 
than the quantity needed to enable the area to meet its quota 
and provide a normal carryover inventory, as estimated by the 
Secretary for such area for the calendar year during which the 
larger part of the sugar from such crop normally would be 
marketed. 
Such determination shall be made only with respect 
to the succeeding crop year and, beginning with the 1966 crop 
year, only after due notice and opportunity for an ii;iformal 
Public hearing. 
public hearing. 
If the Secretary determines that the production 
of sugar from any crop of sugarbeets or sugarcane will be in 
excess of the quantity needed to enable the area to meet its quota 
and provide a normal carryover inventory, he shall establish 
proportionate shares for farms in such areas as provided in this 
subsection, except that the determinations by the Secretary of 
proportionate shares for farms in Hawaii and the Virgin Islands 
in effect on January 1,1965, shall continue in effect until amended 
or superseded. 
In determining the proportionate shares with 
respect to a farm, the Secretary may take into consideration the 
past production on the farm of sugarbeets and sugarcane mar-
keted (or processed) for the extraction of sugar or liquid sugar 
(within proportionate shares when in effect) and the ability to 
produce such sugarbeets and sugarcane." 
sugarbeet acre- 
(2) Thc first senteuce of paragraph (3) of subsection (b) is 
age reserves. 
anicnded to Tcad as follows: "In order to make available acreage for 
growth and expansion of the beet sugar industry, the Secretary in 
addition to protecting the interest of new and small producers by 
regulations generally similar to those heretofore promulgated by him 
pursuant to this Act, shall reserve each year from 1962 through 1966, 
sugarcane acreage 
reserves. 
79 STAT. ] 
PUBLIC LAW 89-331-NOV. 8, 1965 
1279 
inclusive, from the national sugarbeet acreage requirement established 
by him, the acreage required to yield sixty-five thousand short tons, 
raw value, of sugar." 
(3) Paragraph (5) of subsection (b) is amended by striking the 
y^us'c^'i/aa' 
words "In determining farm proportionate shares" and inserting in 
lieu thereof the words "Whether farm proportionate shares are or are 
not determined". 
(4) Subsection (b) is amended by adding new paragraphs (8) and 
(9) as follows: 
"(8) In order to protect the sugarbeet production history for farm . sugarbeet pro-
/
/
» 
\ 
1 
• 
1 
j ; 
J.J.' 
duction history, 
operators (or larms) who m any crop year, because oi a crop-rotation preservation. 
program or for reasons beyond their control, are unable to utilize all 
or a portion of the farm proportionate share acreage established pur-
suant to this section, the Secretary may reserve for a period of not 
more than three crop years the production histx)ry for any such farm 
operators (or farms) to the extent of the farm proportionate share 
acreage released. The proportionate share acreage so released may be 
reallotted to other farm operators (or farms), but no production his-
tory shall accrue to such other farm operators (or farms) by virtue of 
such reallocation of the proportionate share acreage so released. 
" (9) The Secretary is authorized to reserve from the national sugar- 
sugarbeet, 
beet acreage requirements for the 1966, 1967, and 1968 crops of 
sugarbeets a total acreage estimated to yield not more than twenty-five 
thousand short tons, raw value, for each such crop to provide any 
nonaffiliated single plant processor of sugarbeets with an estimated 
quantity of sugar for marketing of not to exceed twenty-five thousand 
short tons of sugar, raw value. The Secretary is also authorized to 
reserve from the acreage which would otherwise be allocated to sugar-
cane producers in the mainland cane sugar area for the 1965 and 1966 
crops of sugarcane a total acreage estimated to yield not more than 
sixteen thousand short tons of sugar, raw value, for each such crop 
which shall be allocated to relieve hardship on the part of new 
producers in such manner as the Secretary may deteiTnine: Provided, 
That acreage allocated hereunder for the 1965 crop shall be in addition 
to the total acreage heretofore allocated in such area for the 1965 
crop. The Secretary shall allocate the acreage provided for in this 
paragraph to farms on such basis as he determines necessary to accom-
plish the purposes for which such acreages are provided under this 
paragraph." 
SEC. 12. (1) Subsection (b) of section 402 of the Sugar Act of ity^crelt'^c^^or.' 
1948, as amended, is amended by adding the following sentence thereto: ation faciiitf^^"'^' 
"The Secretary is authorized to use the services, facilities, and authori- 
e i stat. 932. 
ties of Commodity Credit Corporation for the purpose of making 
disbursements to persons eligible to receive payments under title I I I 
of this Act: Provided, That no such disbursements shall be made by 1137^^^^ '^^^' 
Commodity Credit Corporation unless it has received funds to cover 
the amounts thereof from appropriations available for the purpose of 
carrying out such program." 
(2) Subsection (a) of section 408 of such Act is amended by adding tio^n^rqu°rem<™?s" 
the following at the end thereof: "During any period that the opera- estimation. 
tion of the provisions of title I I is so suspended by the President, the 
'' fj|^ ^j^s. 
Secretary shall estimate for each year the amount of sugar needed to 1123. 
meet requirements of consumers in the United States and the amount 
the quota for each country would be if calculated on the basis as pro-
vided in section 202 of this Act. Notice of such estimate and quota 
pubj^^fati^n^ n 
calculation shall be published in the Federal Register. If any country Fed'erarRe°g'is\"r. 
1280 
PUBLIC LAW 89-331-NOV. 8, 1965 
[79 STAT. 
Ante, p. 1273. 
76 Stat. 166. 
7 u s e 1158. 
Ante, 
p. 1275. 
Expropriation of 
U.S. property, 
penalty. 
Termination 
date. 
7 u s e 110 1 
note. 
26 u s e 4501. 
fails to import into the continental United States within the quota 
year, an amount of sugar equal to the amount the quota would be as 
calculated for such country by the Secretary for such year, the quota 
established for such country in subsequent years under the provisions 
of title I I shall be reduced as provided in section 202(d) (4) of this 
Act: Provided, That quotas for subsequent years shall not be reduced 
when quotas are suspended under this subsection and reestablished 
in the same calendar year." 
(3) Subsection (b) of section 408 of such Act is amended by strik-
ing out the last sentence thereof and substituting in lieu thereof the 
following: "Any quantity so suspended shall be allocated in the same 
manner as deficits are allocated under the provisions of section 204 of 
this Act." 
(4) Subsection (c) of section 408 of such Act is amended to read as 
follows: 
" (c) In any case in which a nation or a political subdivision thereof 
has hereafter (1) nationalized, expropriated, or otherwise seized the 
ownership or control of the property or business enterprise owned or 
controlled by United States citizens or any corporation, partnership 
or association not less than 50 per centum beneficially owned by United 
States citizens or (2) imposed upon or enforced against such property 
or business enterprise so owned or controlled, discriminatory taxes or 
other exactions, or restrictive maintenance or operational conditions 
not imposed or enforced with respect to the property or business enter-
prise of a like nature owned or operated by its own nationals or the 
nationals of any government other than the Government of the United 
States or (3) imposed upon or enforced against such property or busi-
ness enterprise so owned or controlled, discriminatory taxes or other 
exactions, or restrictive maintenance or operational conditions, or has 
taken other actions, which have the effect of nationalizing, expropriat-
ing or otherwise seizing ownership or control of such property or 
business enterprise or (4) violated the provisions of any bilateral or 
multilateral international agreement to which the United States is a 
party, designed to protect such property or business enterprise so 
owned or controlled, and has failed within six months following the 
taking of action in any of the above categories to take appropriate and 
adequate steps to remedy such situation and to discharge its obligations 
under international law toward such citizen or entity, including the 
prompt payment to the owner or owners of such property or business 
enterprise so nationalized, expropriated or otherwise seized or to pro-
vide relief from such taxes, exactions, conditions or breaches of such 
international agreements, as the case may be, or to arrange, with the 
agreement of the parties concerned, for submitting the question in 
dispute to arbitration or conciliation in accordance with procedures 
under which final and binding decision or settlement will be reached 
and full payment or arrangements with the owners for such payment 
made within twelve months following such submission, the President 
shall suspend any quota, proration of quota, or authorization to import 
sugar under this Act of such nation until he is satisfied that appro-
priate steps are being taken. Any quantity so suspended shall be allo-
cated in the same manner as deficits are allocated under section 204 of 
this Act." 
(5) Section 412 of such Act (relating to termination of the powers 
of the Secretary under the Act) is amended by striking out "1966" 
in each place it appears therein and inserting in lieu thereof "1971". 
SEC. 13. Section 4501 (b) (relating to termination of taxes on sugar) 
of the Internal Eevenue Cbde of 1954 is amended by striking out 
79 STAT. ] 
PUBLIC LAW 89-332-NOV. 8, 1965 
1281 
"1967-' ill eacli place it appears therein and inserting in lieu thereof 
"1972". 
SEC. 14. Except as hereinafter provided, the provisions of this 
Effective dates. 
Act shall become effective January 1, 1965. The amendments made 
by section 4 of this Act shall become effective January 1, 1966. The 
amendments made by section 9 of this Act shall become effective on 
the date of the enactment of this Act. 
Approved November 8, 1965. 
Public Law 89-332 
A N A C T 
November 8, 1965 
rS 17581 
To provide for the right of persons to be represented in matters before Federal 
'- ' 
•
' 
agencies. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That— 
ci^r'^^'^^^ '^^^"' 
(a) Any person who is a member in good standing of the bar of 
Attorney and 
the highest court of any State, possession, territory, Commonwealth, ^on's^fo^cr'nt ^ 
or the District of Columbia may represent others before any agency representation. 
upon filing with the agency a written declaration that he is cur-
rently qualified as provided by this subsection and is authorized to 
represent the particular party in whose behalf he acts. 
(b) Any person who is duly qualified to practice as a certified pub-
lic accountant in any State, possession, territory. Commonwealth, or 
the District of Columbia may represent others before the Internal 
Revenue Service of the Treasury Department upon filing with that 
agency a written declaration that he is currently qualified as pro-
vided by this subsection and is authorized to represent the particular 
party in whose behalf he acts. 
(c) Nothing herein shall be construed (i) to grant or deny to any 
person w^ho is not qualified as provided by subsection (a) or (b) the 
right to appear for or represent others before any agency or in any 
agency proceeding; (ii) to authorize or limit the discipline, including 
disbarment, of persons who appear in a representative capacity before 
any agency; (iii) to authorize any person who is a former officer or 
employee of an agency to represent others before an agency where such 
representation is prohibited by statute or regulation; or (iv) to pre-
vent an agency from requiring a power of attorney as a condition to 
the settlement of any controversy involving the payment of money. 
(d) This section shall not be applicable to practice before the ex^rtron°^^'''^' 
Patent Office with respect to patent matters which shall continue to 
be covered by chapter 3 (sections 31 to 33) of title 35 of the United 
States Code. 
66 stat. 795. 
SEC. 2. When any participant in any matter before an agency is 
service. 
represented by a person qualified pursuant to subsection (a) or (b) of 
section 1, any notice or other written communication required or per-
mitted to be given to such participant in such matter shall be given 
to such representative in addition to any other service specifically 
required by statute. If a participant is represented by more than 
one such qualified representative, service upon any one of such repre-
sentatives shall be sufficient. 
SEC. 3. As usexi in this Act, "agency" shall have the same meaning 
"Agency," 
as it does in section 2(a) of the Administrative Procedure Act, as 
amended (60 Stat. 237, as amended). 
s use 1001. 
Approved November 8, 1965.