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7 U.S.C. § 1745 — Computation of carryover

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1745 — Computation of carryover

Page 1034 TITLE 7—AGRICULTURE § 1744 July 20, 1979, 44 F.R. 43239, which provided for adminis- tration of the commodity set-aside program, was re- voked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 1744. Sale of commodities in set-aside; exemp- tion from pricing limitations (a) The Corporation shall have authority to sell, without regard to section 1743(a)(7) of this title, any commodity covered by the commodity set-aside for the purpose of rotating stocks or consolidating inventories, any such sale to be offset by purchase of the same commodity in a substantially equivalent quantity or of a sub- stantially equivalent value. (b) Dispositions pursuant to this chapter shall not be subject to the pricing limitations of sec- tion 1427 of this title. (Aug. 28, 1954, ch. 1041, title I, § 104, 68 Stat. 898.) § 1745. Computation of carryover The quantity of any commodity in the com- modity set-aside or transferred from the set- aside to the National Defense Stockpile estab- lished by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) shall be excluded from the computation of ‘‘carryover’’ for the purpose of determining the price support level for such commodity under the Agricultural Act of 1949, as amended [7 U.S.C. 1421 et seq.], and related legislation, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas under the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and related legis- lation. Until such time as the commodity set- aside has been completed, such quantity of the commodity as the Secretary shall determine be- tween the maximum and minimum quantities specified in section 1741 of this title shall be ex- cluded from the comp

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Page 1034 TITLE 7—AGRICULTURE § 1744 July 20, 1979, 44 F.R. 43239, which provided for adminis- tration of the commodity set-aside program, was re- voked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 1744. Sale of commodities in set-aside; exemp- tion from pricing limitations (a) The Corporation shall have authority to sell, without regard to section 1743(a)(7) of this title, any commodity covered by the commodity set-aside for the purpose of rotating stocks or consolidating inventories, any such sale to be offset by purchase of the same commodity in a substantially equivalent quantity or of a sub- stantially equivalent value. (b) Dispositions pursuant to this chapter shall not be subject to the pricing limitations of sec- tion 1427 of this title. (Aug. 28, 1954, ch. 1041, title I, § 104, 68 Stat. 898.) § 1745. Computation of carryover The quantity of any commodity in the com- modity set-aside or transferred from the set- aside to the National Defense Stockpile estab- lished by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) shall be excluded from the computation of ‘‘carryover’’ for the purpose of determining the price support level for such commodity under the Agricultural Act of 1949, as amended [7 U.S.C. 1421 et seq.], and related legislation, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas under the Agricultural Adjustment Act of 1938, as amended [7 U.S.C. 1281 et seq.], and related legis- lation. Until such time as the commodity set- aside has been completed, such quantity of the commodity as the Secretary shall determine be- tween the maximum and minimum quantities specified in section 1741 of this title shall be ex- cluded from the computations of ‘‘carryover’’ for the purpose of determining the price support level, but shall be included in the computation of total supplies for purposes of acreage allot- ments and marketing quotas, for the 1955 crop of the commodity, notwithstanding that the quan- tity so excluded may not have been acquired by the Corporation and included in the commodity set-aside. (Aug. 28, 1954, ch. 1041, title I, § 105, 68 Stat. 898; Pub. L. 96–41, § 3(a)(2), July 30, 1979, 93 Stat. 324.) Editorial Notes REFERENCES IN TEXT The Strategic and Critical Materials Stock Piling Act, referred to in text, is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96–41, § 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note under section 1421 of this title and Ta- bles. The Agricultural Adjustment Act of 1938, referred to in text, is act Feb. 16, 1938, ch. 30, 52 Stat. 31, which is classified principally to chapter 35 (§ 1281 et seq.) of this title. For complete classification of this Act to the Code, see section 1281 of this title and Tables. AMENDMENTS 1979—Pub. L. 96–41 substituted ‘‘the National Defense Stockpile established by the Strategic and Critical Ma- terials Stock Piling Act (50 U.S.C. 98 et seq.)’’ for ‘‘the national stockpile established pursuant to the act of June 7, 1939, as amended’’. § 1746. Records and accounts The Commodity Credit Corporation shall keep such records and accounts as may be necessary to show, for each commodity set-aside, the ini- tial and current composition, value (in accord- ance with section 1742 of this title), current in- vestment, quantity disposed of, method of dis- position, and amounts received on disposition. (Aug. 28, 1954, ch. 1041, title I, § 106, 68 Stat. 898.) § 1747. Authorization of appropriations; deter- mination of value of transferred commodity In order to make payment to the Commodity Credit Corporation for any commodities trans- ferred to the national stockpile pursuant to sec- tion 1743(a)(4) of this title, there are authorized to be appropriated amounts equal to the value of any commodities so transferred. The value of any commodity so transferred, for the purpose of this section, shall be the lower of the domes- tic market price or the Commodity Credit Cor- poration’s investment therein as of the date of transfer to the stockpile, as determined by the Secretary of Agriculture (Aug. 28, 1954, ch. 1041, title I, § 107, 68 Stat. 898.) § 1748. Annual reports by agricultural attache´s (a) In general The Secretary shall require appropriate offi- cers and employees of the Department of Agri- culture, including those stationed in foreign countries, to prepare and submit annually to the Secretary detailed reports that— (1) document the nature and extent of— (A) programs in such countries that pro- vide direct or indirect government support for the export of agricultural commodities and the products thereof; (B) other trade practices that may impede the entry of United States agricultural com- modities and the products thereof into such countries; and (C) where practicable, the average prices and costs of production in such countries for like commodities exported from the United States to such countries; and (2) identify opportunities for the export of United States agricultural commodities and the products thereof to such countries. (b) Duties The Secretary shall— (1) annually compile the information con- tained in reports prepared under subsection (a)— (A) on a country by country basis; and (B) on a commodity by commodity basis for exports of United States agricultural commodities, as determined appropriate by the Secretary, the export of which is ham- pered by an unfair trade practice. Where practicable, the report shall include a com-

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98 — Short title

This subchapter may be cited as the “Strategic and Critical Materials Stock Piling Act”.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98 — Short title

Page 28 TITLE 50—WAR AND NATIONAL DEFENSE § 98 SUBCHAPTER III—ACQUISITION AND DE- VELOPMENT OF STRATEGIC RAW MATE- RIALS § 98. Short title This subchapter may be cited as the ‘‘Stra- tegic and Critical Materials Stock Piling Act’’. (June 7, 1939, ch. 190, § 1, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319.) Editorial Notes PRIOR PROVISIONS A prior section 98, acts June 7, 1939, ch. 190, § 1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596, related to declaration of Congressional policy in enacting this subchapter, prior to repeal by section 2(a) of Pub. L. 96–41. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–180, div. C, title II, § 3201, Dec. 4, 1987, 101 Stat. 1245, provided that: ‘‘This title [enacting section 98h–5 of this title, amending sections 98a, 98b, 98d, 98e–1, 98h, 98h–2, and 98h–4 of this title, enacting provisions set out as a note under section 98e–1 of this title, and repealing provisions set out as a note under this sec- tion] may be cited as the ‘National Defense Stockpile Amendments of 1987’.’’ SHORT TITLE OF 1979 AMENDMENT Pub. L. 96–41, § 1, July 30, 1979, 93 Stat. 319, provided: ‘‘That this Act [enacting this section and sections 98a to 98h–3 of this title, redesignating former section 98h–1 of this title as 98h–4 of this title, amending section 4533 of this title, sections 1743 and 1745 of Title 7, Agri- culture, section 741b of Title 15, Commerce and Trade, and section 485 of former Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section] may be cited as the ‘Strategic and Critical Materials Stock Piling Revision Act of 1979’.’’ SHORT TITLE Act Ju

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1281 — Administrative expenses; posting names and compensation of local employees

**(a)** The Secretary is authorized and directed to make such expenditures as he deems necessary to carry out the provisions of this chapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, including personal services and rents in the District of Columbia and elsewhere; traveling expenses; supplies and equipment; lawbooks, books of reference, directories, periodicals, and newspapers; and the preparation and display of exhibits, including such displays at community, county, State, interstate, and international fairs within the United States. The Secretary of the Treasury is authorized and directed upon the request of the Secretary to establish one or more separate appropriation accounts into which there shall be transferred from the respective funds available for the purposes of this chapter and chapter 3B of title 16, in connection with which personnel or other facilities of the Agricultural Adjustment Administration are utilized, proportionate amounts estimated by the Secretary to be required by the Agricultural Adjustment Administration for administrative expenses in carrying out or cooperating in carrying out any of the provisions of this chapter and chapter 3B of title 16. **(b)** In the administration of this subchapter and sections 590g, 590h, 590i, and 590j to 590q of title 16, the aggregate amount expended in any fiscal year, beginning with the fiscal year ending June 30, 1942, for administrative expenses in the District of Columbia, including regional offices, and in the several States (not including the expenses of county and local committees) shall not exceed 3 per centum of the total amount available for such fiscal year for carrying out the purposes of this subchapter and chapter 3B of title 16, unless otherwise provided by appropriation or oth

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1281 — Short title

Page 585 TITLE 7—AGRICULTURE § 1281 Sec. 1349. Export market acreage. 1350. National base acreage allotment. 1350a. Repealed. SUBPART V—MARKETING QUOTAS—RICE 1351 to 1356. Omitted or Repealed. SUBPART VI—MARKETING QUOTAS—PEANUTS 1357 to 1359a. Repealed. SUBPART VII—FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR 1359aa. Definitions. 1359bb. Flexible marketing allotments for sugar. 1359cc. Establishment of flexible marketing allot- ments. 1359dd. Allocation of marketing allotments. 1359ee. Reassignment of deficits. 1359ff. Provisions applicable to producers. 1359gg. Special rules. 1359hh. Regulations; violations; publication of Sec- retary’s determinations; jurisdiction of the courts; United States attorneys. 1359ii. Appeals. 1359jj. Administration. 1359kk. Administration of tariff rate quotas. 1359ll. Period of effectiveness. PART C—ADMINISTRATIVE PROVISIONS SUBPART I—PUBLICATION AND REVIEW OF QUOTAS 1361. Application of subpart. 1362. Publication of marketing quota; mailing of allotment notice. 1363. Review of quota; review committee. 1364. Compensation of review committee. 1365. Institution of proceeding for court review of committee findings. 1366. Court review. 1367. Stay of proceedings and exclusive jurisdic- tion. 1368. Effect of increase on other quotas. SUBPART II—ADJUSTMENT OF QUOTAS AND ENFORCEMENT 1371. General adjustment of quotas. 1372. Payment, collection, and refund of penalties. 1373. Reports and records. 1374. Measurement of farms and report of plant- ings; remeasurement. 1375. Regulations. 1376. Court jurisdiction; duties of United States at- torneys; remedies and penalties as addi- tional. 1377. Preservation of unused acreage allotments. 1378. Transfer of acreage allotments ensuing from

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1421 — Price support

**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him. **(b) Authority of Secretary; factors considered** Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton. **(c) Compliance by producer; program for diverted acres** Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In admi

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1421 — Price support

Page 701 TITLE 7—AGRICULTURE § 1421 Sec. 1430. Retroactive effect. 1431. Disposition of commodities to prevent waste. 1431a. Cotton donations to educational institu- tions. 1431b. Distribution of surplus commodities to other United States areas. 1431c. Enrichment and packaging of cornmeal, grits, rice, and white flour available for distribution. 1431d. Donations for school feeding programs abroad; student financing; priorities. 1431e. Distribution of surplus commodities to special nutrition projects; reprocessing agreements with private companies. 1431f. Assistance to foreign countries to miti- gate effects of HIV and AIDS. 1432. Extension of price support on long staple cotton seeds and products. 1433. Repealed. 1433a. Forgiveness of violations; determina- tions. 1433b. Processing of surplus agricultural com- modities into liquid fuels and agricul- tural commodity byproducts. 1433c. Advance recourse commodity loans. 1433c–1. Advance recourse loans. 1433d to 1433f. Omitted or Repealed. 1434. Encouragement of production of crops of which United States is a net importer and for which price support programs are not in effect; authority to plant on set-aside acreage with no reduction in payment rate. 1435. Production of commodities for conver- sion into alcohol or hydrocarbons for use as motor fuels or other fuels; terms and conditions; determinations; pay- ments, etc., for program. 1436. Reimbursement of appropriations avail- able for classing or grading agriculture commodities without charge. 1436a. Transfer of nonadministrative funds of Commodity Credit Corporation for classing and grading purposes. SUBCHAPTER II—BASIC AGRICULTURAL COMMODITIES 1441. Price support levels. 1441–1. Omitted. 1441–1a. Marketing

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1745 — Computation of carryover

The quantity of any commodity in the commodity set-aside or transferred from the set-aside to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98&num=0&edition=prelim) et seq.) shall be excluded from the computation of “carryover” for the purpose of determining the price support level for such commodity under the Agricultural Act of 1949, as amended [[7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.], and related legislation, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas under the Agricultural Adjustment Act of 1938, as amended [[7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.], and related legislation. Until such time as the commodity set-aside has been completed, such quantity of the commodity as the Secretary shall determine between the maximum and minimum quantities specified in [section 1741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1741&num=0&edition=prelim) shall be excluded from the computations of “carryover” for the purpose of determining the price support level, but shall be included in the computation of total supplies for purposes of acreage allotments and marketing quotas, for the 1955 crop of the commodity, notwithstanding that the quantity so excluded may not have been acquired by the Corporation and included in the commodity set-aside.

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