7 U.S.C. § 1446 — Untitled legal text

Page 774 TITLE 7—AGRICULTURE § 1446 1 See References in Text note below. tificate shall be exchanged under this section if the owner purchased the certificate after January 1, 1990.’’ SUBCHAPTER III—NONBASIC AGRICULTURAL COMMODITIES § 1446. Price support levels for designated nonbasic agricultural commodities (a) The Secretary is authorized and directed to make available (without regard to the provi- sions of sections 1447 to 1449 of this title) price support to producers for oilseeds (including soy- beans, sunflower seed, canola, rapeseed, saf- flower, flaxseed, mustard seed, and such other oilseeds as the Secretary may determine), sun- flower seeds, honey, milk, sugar beets, and sug- arcane in accordance with this subchapter. (b) The price of honey shall be supported through loans, purchases, or other operations at a level not in excess of 90 per centum nor less than 60 per centum of the parity price thereof; and the price of tung nuts for each crop of tung nuts through the 1976 crop shall be supported through loans, purchases, or other operations at a level not in excess of 90 per centum nor less than 60 per centum of the parity price therefor: Provided, That in any crop year through the 1976 crop year in which the Secretary determines that the domestic production of tung oil will be less than the anticipated domestic demand for such oil, the price of tung nuts shall be sup- ported at not less than 65 per centum of the par- ity price therefor. (c) Except as provided in section 1446e 1 of this title, the price of milk shall be supported at such level not in excess of 90 per centum nor less than 75 per centum of the parity price therefor as the Secretary determines necessary in order to assure an adequate supply of pure and whole- some milk to meet current needs, reflect changes in the cost of production, and assure a level of farm income adequate to maintain pro- ductive capacity sufficient to meet anticipated future needs. Such price support shall be pro- vided through the purchase of milk and the products of milk. (d) Notwithstanding any other provision of law— (1)(A) During the period beginning on Janu- ary 1, 1986, and ending on December 31, 1990, the price of milk shall be supported as pro- vided in this subsection. (B) During the period beginning on January 1, 1986, and ending on December 31, 1986, the price of milk shall be supported at a rate equal to $11.60 per hundredweight for milk con- taining 3.67 percent milkfat. (C)(i) During the period beginning on Janu- ary 1, 1987, and ending on September 30, 1987, the price of milk shall be supported at a rate equal to $11.35 per hundredweight for milk containing 3.67 percent milkfat. (ii) Except as provided in subparagraph (D), during the period beginning on October 1, 1987, and ending on December 31, 1990, the price of milk shall be supported at a rate equal to $11.10 per hundredweight for milk containing 3.67 percent milkfat. (D)(i) Subject to clause (ii), if for each of the calendar years 1988 and 1990, the level of pur- chases of milk and the products of milk under this subsection (less sales under section 1427 of this title for unrestricted use), as estimated by the Secretary on January 1 of such cal- endar year, will exceed 5,000,000,000 pounds (milk equivalent), on January 1 of such cal- endar year, the Secretary shall reduce by 50 cents the rate of price support for milk as in effect on such date. (ii) The rate of price support for milk may not be reduced under clause (i) unless— (I) the milk production termination pro- gram under paragraph (3) achieved a reduc- tion in the production of milk by partici- pants in the program of at least 12,000,000,000 pounds during the 18 months of the program; or (II) the Secretary submits to Congress a certification, including a statement of facts in support of the certification of the Sec- retary, that reasonable contract offers were extended by the Secretary under such pro- gram but such offers were not accepted by a sufficient number of producers making rea- sonable bids for contracts to achieve such a reduction in production. (E) If for any of the calendar years 1988, 1989, and 1990, the level of purchases of milk and the products of milk under this subsection (less sales under section 1427 of this title for unre- stricted use), as estimated by the Secretary on January 1 of such calendar year, will not ex- ceed 2,500,000,000 pounds (milk equivalent), the Secretary shall increase by 50 cents the rate of price support for milk in effect on such date. (F) The price of milk shall be supported through the purchase of milk and the products of milk. (2)(A) Beginning after March 31, 1986, the Secretary shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and mar- keted by producers for commercial use. (B) Except as provided in subparagraphs (E) and (F), the amount of the reduction under subparagraph (A) in the price received by pro- ducers shall be— (i) the period beginning on April 1, 1986, and ending on December 31, 1986, 40 cents per hundredweight of milk marketed; and (ii) during the first 9 months of 1987, 25 cents per hundredweight of milk marketed. (C) The funds represented by the reduction in price, required under this paragraph to be applied to the marketings of milk by a pro- ducer, shall be collected and remitted to the Commodity Credit Corporation, at such time and in such manner as prescribed by the Sec- retary, by each person making payment to a producer for milk purchased from such pro- ducer, except that in the case of a producer who markets milk of the producer’s own pro- duction directly to consumers, such funds shall be remitted directly to the Corporation by such producer. (D) The funds remitted to the Corporation under this paragraph shall be considered as in- cluded in the payments to a producer of milk for purposes of the minimum price provisions of the Agricultural Adjustment Act (7 U.S.C. Page 775 TITLE 7—AGRICULTURE § 1446 2 So in original. Probably should be ‘‘(G)’’. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (E)(i) In lieu of any reductions in payments made by the Secretary for the purchase of milk and the products of milk under this sub- section during the period beginning March 1, 1986, and ending September 30, 1986, required under the order issued by the President on February 1, 1986, under section 252 1 of the Bal- anced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) [2 U.S.C. 902], the Secretary shall increase the amount of the reduction required under subparagraph (A) during the period beginning April 1, 1986, and ending September 30, 1986, as the sole means of meeting any reductions required under the order in payments made by the Secretary for the purchase of milk and the products of milk under this subsection. (ii) The aggregate amount of any increased reduction under clause (i) shall be equal, to the extent practicable, to the aggregate amount of the reduction that would otherwise be required under the order referred to in clause (i) in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning March 1, 1986, and ending September 30, 1986, except that the amount of any in- creased reduction under clause (i) may not ex- ceed 12 cents per hundredweight of milk mar- keted. (F)(i) The Secretary— (I) notwithstanding the Balanced Budget and Emergency Deficit Control Act of 1985 and any order issued by the President under section 252 1 of such Act [2 U.S.C. 902] for a fiscal year; and (II) in lieu of making any reduction in pay- ments for the purchase of milk or the prod- ucts of milk under this subsection during such fiscal year under any such order; shall provide for the reduction (measured in cents per hundredweight of milk marketed) under subparagraph (A) during the period be- ginning on October 1 and ending on September 30 of such fiscal year as the sole means of achieving any reduction in budget outlays under the milk price-support program that otherwise would be required under either such order and only for the purpose of substituting for any reduction in payments made by the Secretary for the purchase of milk or the products of milk under either such order. (ii) The aggregate amount of any reduction under subparagraph (A) resulting from the op- eration of clause (i) may not exceed the aggre- gate amount of the reduction in budget out- lays under the milk price-support program, as estimated by the Secretary, that otherwise would have been achieved under either such order by reducing payments made by the Sec- retary for the purchase of milk or the products of milk under this subsection during such fis- cal year. (F) 2 During calendar year 1988, the Sec- retary shall provide for a reduction of 21⁄2 cents per hundredweight to be made in the price received by producers for all milk pro- duced in the United States and marketed by producers for commercial use. (3)(A)(i) The Secretary shall establish and carry out under this paragraph a milk produc- tion termination program for the 18-month pe- riod beginning April 1, 1986. (ii) Under the milk production termination program required under this subparagraph, the Secretary, at the request of any producer of milk in the United States who submits to the Secretary a bid, may offer to enter into a con- tract with the producer for the purpose of ter- minating the production of milk by the pro- ducer in return for a payment to be made by the Secretary. (iii) For the 18-month period for which the milk production termination program under this subparagraph is in effect, the Secretary shall— (I) as soon as practicable, determine the total number of dairy cattle the Secretary estimates will be marketed for slaughter as a result of such program; and (II) by regulation specify marketing proce- dures to ensure that greater numbers of dairy cattle slaughtered as a result of the production termination program provided for in this section shall be slaughtered in each of the periods of April through August 1986, and March through August 1987 than for the other months of the program. Such pro- cedures also shall ensure that such sales of dairy cattle for slaughter shall occur on a basis estimated by the Secretary that main- tains historical seasonal marketing pat- terns. During such 18-month period, the Sec- retary shall limit the total number of dairy cattle marketed for slaughter under the pro- gram in excess of the historical dairy herd culling rate to no more than 7 percent of the national dairy herd per calendar year. (iv) Each contract made under this subpara- graph shall provide that— (I) the producer shall sell for slaughter or for export all the dairy cattle in which such producer owns an interest; (II) during a period of 3, 4, or 5 years, as specified by the Secretary in each producer contract and beginning on the day the pro- ducer completes compliance with subclause (I), the producer neither shall acquire any interest in dairy cattle or in the production of milk nor acquire, or make available to any person, any milk production capacity of a facility that becomes available because of compliance by a producer with such sub- clause unless the Secretary shall by regula- tion otherwise permit; and (III) if the producer fails to comply with such contract, the producer shall repay to the Secretary the entire payment received under the contract, including simple inter- est payable at a rate prescribed by the Sec- retary, which shall, to the extent prac- ticable, reflect the cost to the Corporation of its borrowings from the Treasury of the United States, commencing on the date pay- ment is first received under such contract. (v) Any producer of milk who seeks to enter into a contract for payments under this para- Page 776 TITLE 7—AGRICULTURE § 1446 graph shall provide the Secretary with (I) evi- dence of such producer’s marketing history; (II) the size and composition of the producer’s dairy herd during the period the marketing history is determined; and (III) the size and composition of the producer’s dairy herd at the time the bid is submitted, as the Secretary deems necessary and appropriate. (vi) Except as provided in subparagraph (D), no producer who commenced marketing of milk in the 15-month period ending March 31, 1986, shall be eligible to enter into a contract for payments under this subparagraph. (vii) A contract entered into under this para- graph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned by the estate of such producer. (B) The Secretary may establish and carry out a milk diversion or milk production termi- nation program for any of the calendar years 1988, 1989, and 1990 as necessary to avoid the creation of burdensome excess supplies of milk or milk products. (C) In setting the terms and conditions of any milk diversion or milk production termi- nation under this paragraph and of each con- tract made under this subparagraph, the Sec- retary shall take into account any adverse ef- fect of such program or contracts on beef, pork, and poultry producers in the United States and shall take all feasible steps to min- imize such effect. (D) A producer who commenced marketing milk after December 31, 1984, shall be eligible to enter into a contract for payments under this subparagraph if such producer’s entire milk production facility and entire dairy herd were transferred to the producer by reason of a gift from, or the death of, a member or mem- bers of the family of the producer. The term ‘‘member of the family of the producer’’ means (i) an ancestor of the producer, (ii) the spouse of the producer, (iii) a lineal descendant of the producer, or the producer’s spouse, or a parent of the producer, or (iv) the spouse of any such lineal descendant. (E) Application for payment shall be made by producers through the county committees established under section 590h(b) of title 16. (F) to (J) Repealed. Pub. L. 99–198, title I, § 101(b)(1), (2), Dec. 23, 1985, 99 Stat. 1363, 1365. (K) Redesignated (E). (L) Repealed. Pub. L. 99–198, title I, § 101(b)(2), Dec. 23, 1985, 99 Stat. 1365. (M) A contract entered into under this para- graph by a producer who by reason of death cannot perform or assign such contract may be performed or assigned, in accordance with subparagraph (L), by the estate of such pro- ducer. (N) If the provisions for reductions in the price received for milk marketed for commer- cial use as provided for in paragraph (2) are held to be invalid by any court, or the Sec- retary is restrained or enjoined by any court from implementing such provisions, the Sec- retary shall immediately suspend making any diversion payments under this paragraph for the period beginning with the date of such court action and shall resume making such payments only if such court action is over- ruled, stayed, or terminated. (4) Each producer who markets milk and each person required to make payment to the Corporation under this subsection shall keep such records and make such reports, in such manner, as the Secretary determines nec- essary to carry out this subsection. The Sec- retary may make such investigations as the Secretary deems necessary for the effective administration of this subsection or to deter- mine whether any person subject to the provi- sions of this subsection has engaged or is en- gaged or is about to engage in any act or prac- tice that constitutes or will constitute a viola- tion of any provision of this subsection or reg- ulation issued under this subsection. For the purpose of such investigation, the Secretary may administer oaths and affirmations, sub- pena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contu- macy by, or refusal to obey a subpena to, any person, the Secretary may invoke the aid of any court of the United States within the ju- risdiction of which such investigation or pro- ceeding is carried on, or where such person re- sides or carries on business, in requiring the attendance and testimony of witnesses and the production of records. Such court may issue an order requiring such person to appear be- fore the Secretary to produce records or to give testimony on the matter under investiga- tion. Any failure to obey such order of the court may be punished by such court as a con- tempt thereof. All process in any such case may be served in the judicial district of which such person is an inhabitant or wherever such person may be found. (5)(A) The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any provision of this subsection or any regulation issued under this subsection. Any such civil action authorized to be brought under this subsection shall be referred to the Attorney General for appro- priate action. The Secretary is not required, however, to refer to the Attorney General minor violations of this subsection whenever the Secretary believes that the administration and enforcement of this subsection would be adequately served by suitable written notice or warning to any person committing such violation. (B)(i) Each person as to whom there is a fail- ure to make a reduction in the price of milk received by such person as required by para- graph (2) or who fails to remit to the Corpora- tion the funds required to be collected and re- mitted by paragraph (2)(B) shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to the support price for milk in effect at the time the failure occurs on the quantity of milk as to which the failure applies. The Secretary may reduce any such marketing penalty in such amount as the Sec- retary determines equitable in any case in Page 777 TITLE 7—AGRICULTURE § 1446 which the Secretary determines that the fail- ure was unintentional or without knowledge on the part of the person concerned. Each per- son who knowingly violates any other provi- sion of this subsection, or any regulation issued under this subsection, shall be liable for a civil penalty of not more than $1,000 for each such violation. Any penalty provided for under this subparagraph shall be assessed by the Sec- retary after notice and opportunity for a hear- ing. (ii) Each person who buys, from a producer with respect to whom there is in effect at the time of such sale a contract entered into under paragraph (3), one or more dairy cattle sold for slaughter or export, who knows that such cattle are sold for slaughter or export, and who fails to cause the slaughter or export of such cattle within a reasonable time after receiving such cattle shall be liable for a civil penalty of not more than $5,000 with respect to each of such cattle. (iii) Each person who retains or acquires an interest in dairy cattle or the production of milk in violation of a contract entered into under this paragraph shall be liable, in addi- tion to any amount due under paragraph (3)(A)(iv), to a marketing penalty on the quan- tity of milk produced during the period in which such ownership is prohibited under the contract. Such penalty shall be computed at the rate or rates of the support price for milk in effect during the period in which the milk production occurred. (iv) Each person who makes a false state- ment in a bid submitted under paragraph (3) as to (I) the marketings of milk for commercial use by the producer, or (II) the size or com- position of the dairy herd that produced such marketings, or (III) the size or composition of the dairy herd at the time the bid is submitted shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of $5,000 for each head of cattle to which such state- ment applied. (v) Each person who makes a false statement as to the number of dairy cattle that was sold for slaughter or export under a contract under paragraph (3)(A) shall be subject, in addition to any amount due under paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a civil penalty of not more than $5,000 for each head of cattle to which such statement applied. (C) Any person against whom a penalty is as- sessed under subparagraph (B) may obtain re- view of such penalty in an appropriate district court of the United States by filing a civil ac- tion in such court not later than thirty days after such penalty is imposed. The Secretary shall promptly file in such court a certified copy of the record upon which the penalty is based. The findings of the Secretary may be set aside only if found to be unsupported by substantial evidence. (D) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under subparagraph (B). (E) The remedies provided in this paragraph shall be in addition to, and not exclusive of, other remedies that may be available. (F) In carrying out this subsection, the Sec- retary may, as the Secretary deems appro- priate— (i) use the services of State and county committees established under section 590h(b) of title 16; and (ii) enter into agreements to use, on a re- imbursable or nonreimbursable basis, the services of administrators of Federal milk marketing orders and State milk marketing programs. (6) The term ‘‘United States’’ as used in paragraphs (2) and (3) of this subsection means the forty-eight contiguous States in the conti- nental United States. (7) The Secretary shall carry out this sub- section through the Commodity Credit Cor- poration. (Oct. 31, 1949, ch. 792, title II, § 201, 63 Stat. 1052; Aug. 28, 1954, ch. 1041, title II, §§ 203(a), 204(b), title VII, § 709, 68 Stat. 899, 912; Apr. 2, 1956, ch. 159, § 1, 70 Stat. 86; July 20, 1956, ch. 661, 70 Stat. 596; Pub. L. 85–835, title V, § 503, Aug. 28, 1958, 72 Stat. 996; Pub. L. 86–799, Sept. 16, 1960, 74 Stat. 1054; Pub. L. 91–524, title II, § 202, Nov. 30, 1970, 84 Stat. 1361; Pub. L. 93–86, § 1(3)(B), (C), Aug. 10, 1973, 87 Stat. 222, 223; Pub. L. 93–225, Dec. 29, 1973, 87 Stat. 942; Pub. L. 95–113, title II, § 203, title IX, §§ 901, 902, Sept. 29, 1977, 91 Stat. 920, 949; Pub. L. 96–127, § 1, Nov. 28, 1979, 93 Stat. 981; Pub. L. 96–494, title II, § 202(c), Dec. 3, 1980, 94 Stat. 2570; Pub. L. 97–6, Mar. 31, 1981, 95 Stat. 8; Pub. L. 97–35, title I, § 150, Aug. 13, 1981, 95 Stat. 369; Pub. L. 97–98, title I, § 103, title VIII, § 801, title IX, § 901, Dec. 22, 1981, 95 Stat. 1219, 1256, 1257; Pub. L. 97–253, title I, § 101, Sept. 8, 1982, 96 Stat. 763; Pub. L. 98–180, title I, § 102(a), Nov. 29, 1983, 97 Stat. 1128; Pub. L. 99–114, § 1, Oct. 1, 1985, 99 Stat. 488; Pub. L. 99–157, § 1, Nov. 15, 1985, 99 Stat. 818; Pub. L. 99–182, § 1, Dec. 13, 1985, 99 Stat. 1173; Pub. L. 99–198, title I, § 101(a)–(e), title VIII, § 801, title IX, § 901, title X, §§ 1008, 1041, Dec. 23, 1985, 99 Stat. 1362–1365, 1441, 1443, 1452, 1464; Pub. L. 99–260, § 10, Mar. 20, 1986, 100 Stat. 52; Pub. L. 100–45, § 15(a), May 27, 1987, 101 Stat. 325; Pub. L. 100–202, § 101(k) [title VI, § 638], Dec. 22, 1987, 101 Stat. 1329–322, 1329–357; Pub. L. 100–203, title I, § 1104(c)–(e), Dec. 22, 1987, 101 Stat. 1330–4; Pub. L. 100–387, title I, § 102(a), Aug. 11, 1988, 102 Stat. 932; Pub. L. 101–239, title I, § 1007, Dec. 19, 1989, 103 Stat. 2110; Pub. L. 101–624, title VII, § 701(1), title IX, § 901(1), title XI, § 1161(b), title XXII, § 2236(a), Nov. 28, 1990, 104 Stat. 3457, 3478, 3520, 3961; Pub. L. 102–237, title I, § 113(8), Dec. 13, 1991, 105 Stat. 1838.) Editorial Notes REFERENCES IN TEXT Section 1446e of this title, referred to in subsec. (c), was repealed by Pub. L. 104–127, title I, § 141(g), Apr. 4, 1996, 110 Stat. 915. The Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, referred to in subsec. (d)(2)(D), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (§ 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. The order issued by the President on February 1, 1986, referred to in subsec. (d)(2)(E)(i), is set out as a note under section 902 of Title 2, The Congress. Page 778 TITLE 7—AGRICULTURE § 1446 Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(2)(E)(i), (F)(i)(I), is classified to section 902 of Title 2, The Congress, and was amended generally by Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–581. Provisions relating to Presidential orders are contained in section 904(f)(5) of Title 2. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(2)(F)(i)(I), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which en- acted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed sec- tion 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. AMENDMENTS 1991—Subsecs. (b), (c). Pub. L. 102–237 redesignated subsec. (b), relating to price supports for milk, as (c). 1990—Subsec. (a). Pub. L. 101–624, §§ 701(1), 901(1), 1161(b)(1), designated opening paragraph as subsec. (a) and substituted ‘‘oilseeds (including soybeans, sun- flower seed, canola, rapeseed, safflower, flaxseed, mus- tard seed, and such other oilseeds as the Secretary may determine),’’ for ‘‘tung nuts,’’, ‘‘honey, milk, sugar beets, and sugarcane’’ for ‘‘honey, and milk’’, and ‘‘in accordance with this subchapter.’’ for ‘‘as follows:’’. Subsecs. (b), (c). Pub. L. 101–624, § 1161(b)(2), (3), redes- ignated subsec. (c) as (b) and substituted reference to section 1446e of this title for reference to subsection (d) of this section. Subsec. (k)(2). Pub. L. 101–624, § 2236(a), temporarily designated existing text as subpar. (A) and added sub- par. (B). See Effective and Termination Dates of 1990 Amendment note below. 1989—Subsec. (d)(1)(C)(ii), (iii). Pub. L. 101–239, § 1007(1), temporarily inserted in cl. (ii) ‘‘clause (iii) and’’ after ‘‘Except as provided in’’ and added cl. (iii). See Effective and Termination Dates of 1989 Amend- ment note below. Subsec. (d)(1)(D)(i). Pub. L. 101–239, § 1007(2), tempo- rarily substituted ‘‘calendar year 1990’’ for ‘‘each of the calendar years 1988 and 1990’’ and ‘‘may reduce by not more than’’ for ‘‘shall reduce by’’. See Effective and Termination Dates of 1989 Amendment note below. 1988—Subsec. (d)(1)(D). Pub. L. 100–387 substituted ‘‘if for each of the calendar years 1988 and 1990’’ for ‘‘if for any of the calendar years 1988, 1989, and 1990’’. 1987—Pub. L. 100–45, § 15(a)(1), temporarily inserted ‘‘sunflower seeds,’’ after ‘‘soybeans,’’ in first sentence. See Effective and Termination Dates of 1987 Amend- ments note below. Subsec. (b)(1)(D). Pub. L. 100–203, § 1104(c), tempo- rarily added subpar. (D). See Effective and Termination Dates of 1987 Amendments note below. Subsec. (d)(2)(A). Pub. L. 100–202, § 101(k) [title VI, § 638(1)], substituted ‘‘Beginning after March 31, 1986,’’ for ‘‘During the period beginning on April 1, 1986, and ending on September 30, 1987,’’. Subsec. (d)(2)(B). Pub. L. 100–202, § 101(k) [title VI, § 638(2)], substituted ‘‘subparagraphs (E) and (F)’’ for ‘‘subparagraph (E)’’. Subsec. (d)(2)(C). Pub. L. 100–203, § 1104(d)(1), sub- stituted ‘‘this paragraph’’ for ‘‘subparagraph (A)’’. Subsec. (d)(2)(F). Pub. L. 100–203, § 1104(d)(2), added subpar. (F) directing Secretary to provide for reduction of 21⁄2 cents per hundredweight in price received by pro- ducers during calendar year 1988. Pub. L. 100–202, § 101(k) [title VI, § 638(3)], added sub- par. (F) directing Secretary to provide for reduction under subpar. (A) as the sole means of achieving any re- duction in budget outlays in milk price-support system under Presidential budget-cutting orders. Subsec. (j)(7). Pub. L. 100–203, § 1104(e), added par. (7). Subsec. (l). Pub. L. 100–45, § 15(a)(2), temporarily added subsec. (l). See Effective and Termination Dates of 1987 Amendments note below. 1986—Subsec. (d)(2)(B). Pub. L. 99–260, § 10(1), sub- stituted ‘‘Except as provided in subparagraph (E), the’’ for ‘‘The’’. Subsec. (d)(2)(E). Pub. L. 99–260, § 10(2), added subpar. (E). 1985—Pub. L. 99–198, §§ 801(1), 901(1), in provisions pre- ceding subsec. (a), temporarily reenacted without change the amendments made in 1977 by sections 901(1) and 902(1) of Pub. L. 95–113 and in 1981 by sections 801(1) and 901(1) of Pub. L. 97–98, which inserted references to soybeans, sugar beets, and sugar cane. See Effective and Termination Dates of Amendments notes for 1985, 1981, and 1977, respectively, set out below. Subsec. (b). Pub. L. 99–198, § 1041, amended subsec. (b) generally, temporarily substituting provisions for loans, purchases and other price supports for the 1986 through 1990 crops of honey, and repayment of loans under this subsection, as well as penalties for pledging adulterated or imported honey as collateral to secure such loans, for provisions for support of the price of honey through loans, purchases or other operations, without any crop year restrictions, at a level not in ex- cess of 90 per centum nor less than 60 per centum of the parity price thereof, and struck out provisions for price support for tung nuts through the 1976 crop year. See Effective and Termination Dates of 1985 Amendments note below. Subsec. (c). Pub. L. 99–198, § 101(d), substituted ‘‘Ex- cept as provided in subsection (d) of this section, the price’’ for ‘‘The price’’. Subsec. (d)(1). Pub. L. 99–198, § 101(a), in amending par. (1) generally, substituted provisions adjusting milk price support levels for calendar years 1986 through 1990 by gradually reducing the price support from $11.60 per hundredweight to $11.10 per hundred- weight, providing for adjustments of 50 cents per hun- dredweight in the support level for calendar years 1988 through 1990 depending on projected sales levels for provisions setting price support levels for calendar years 1983 through 1985 by gradually reducing the price support from $13.10 per hundredweight to $12.60 per hun- dredweight, and providing for adjustments of 50 cents per hundredweight in the support level for twelve month periods beginning on April 1, 1985 and/or July 1, 1985, depending on projected sales levels. Subsec. (d)(1)(B). Pub. L. 99–182 substituted ‘‘Decem- ber 31, 1985’’ for ‘‘December 13, 1985’’. Pub. L. 99–157 substituted ‘‘December 13, 1985’’ for ‘‘November 15, 1985’’. Pub. L. 99–114 substituted ‘‘November 15, 1985’’ for ‘‘September 30, 1985’’. Subsec. (d)(2). Pub. L. 99–198, § 101(a), in amending par. (2) generally, substituted provisions for a reduc- tion in the price received by producers for all milk pro- duced in the United States and marketed for commer- cial use in an amount of 40 cents per hundredweight for the period between Apr. 1, 1986, and Dec. 31, 1986, and 25 cents per hundredweight during the first 9 months of 1987 for provisions for a reduction of 50 cents per hun- dredweight in such price effective for the period begin- ning with the first day of the first calendar month fol- lowing Nov. 29, 1983, and ending on Mar. 31, 1985, and struck out provisions relating to the continued applica- bility of pars. (2) to (7) of this subsection between Nov. 29, 1983, and the last day of November, 1983, and the in- applicability of sections 4501 to 4513 of this title to prior deductions or collections under this subsection, and provisions that to the extent that funds collected under this paragraph were inadequate to make pay- ments to producers under par. (3), such payments had to be made using otherwise available funds. Subsec. (d)(3)(A). Pub. L. 99–198, § 101(b)(1), in amend- ing subpar. (A) generally, substituted provisions for a milk production termination program for the 18-month period beginning Apr. 1, 1986, for provisions for a milk diversion program under which Secretary had to offer to enter into a contract, at any time up to Feb. 1, 1984, Page 779 TITLE 7—AGRICULTURE § 1446 with any producer of milk in the United States to re- duce the quantity of commercially marketed milk dur- ing the 15-month period beginning Jan. 1, 1984. Subsec. (d)(3)(B). Pub. L. 99–198, § 101(b)(1), in amend- ing subpar. (B) generally, substituted provisions au- thorizing Secretary to establish and carry out a milk diversion or milk production termination program for any of the calendar years 1988, 1989 and 1990 for provi- sions which had enumerated the requirements for con- tracts between Secretary and any domestic producer of milk to reduce the quantity of commercially marketed milk during the 15-month period beginning Jan. 1, 1984. Subsec. (d)(3)(C). Pub. L. 99–198, § 101(b)(1), in amend- ing subpar. (C) generally, substituted provisions requir- ing Secretary to take into account any adverse effect of any milk diversion or milk production program or contracts on beef, pork and poultry producers in the United States and to take all feasible steps to minimize such effect for provisions requiring Secretary to pay to producers complying with such contracts an amount equal to the product of $10 per hundredweight and the amount, measured in hundredweights, by which the quantity of milk marketed by such producer for com- mercial use during the period specified in such contract was less than the quantity of milk marketed by such producer for commercial use during the marketing his- tory period. Subsec. (d)(3)(D). Pub. L. 99–198, § 101(b)(1), in amend- ing subpar. (D) generally, substituted provisions estab- lishing eligibility of producers who have acquired their entire milk production facility and dairy herd by gift or inheritance from family member or members for provisions prohibiting payments to producers with re- spect to whom any reduction in the quantity of milk did not meet specified percentage guidelines. Subsec. (d)(3)(E). Pub. L. 99–198, § 101(b)(1), (3), struck out subpar. (E) which specified conditions under which Secretary could modify contracts entered into under this paragraph, and redesignated subpar. (K) as (E). Subsec. (d)(3)(F). Pub. L. 99–198, § 101(b)(1), struck out subpar. (F) which required domestic producers of milk seeking to enter into contracts for diversion payments to provide Secretary with evidence of such producer’s marketing history, as defined by this subparagraph, which Secretary could adjust to take into account nat- ural disasters or other conditions and factors where necessary. Subsec. (d)(3)(G). Pub. L. 99–198, § 101(b)(1), struck out subpar. (G) which provided that no marketing history could be assigned to any producer who commenced marketing milk after Dec. 31, 1982, except as provided in subpar. (H). Subsec. (d)(3)(H). Pub. L. 99–198, § 101(b)(2), struck out subpar. (H) which provided that a producer’s marketing history could not be transferred to another person un- less the producer’s entire milk production facility and dairy herd were transferred by reason of the death of the producer, a gift by the producer, or to a member or members of the family of the producer. Subsec. (d)(3)(I). Pub. L. 99–198, § 101(b)(2), struck out subpar. (I) which provided that eligibility for diversion payments would be determined on the basis of the mar- keting history provided for under subpar. (F). Subsec. (d)(3)(J). Pub. L. 99–198, § 101(b)(2), struck out subpar. (J) which provided for quarterly diversion pay- ments to eligible producers who were able to dem- onstrate compliance with terms of contract with Sec- retary for reduction in commercial marketing of milk. Subsec. (d)(3)(K). Pub. L. 99–198, § 101(b)(3), redesig- nated subpar. (K) as (E). Subsec. (d)(3)(L). Pub. L. 99–198, § 101(b)(2), struck out subpar. (L) which provided conditions under which a producer could assign a contract entered into under this paragraph. Subsec. (d)(3)(O). Pub. L. 99–198, § 101(b)(2), struck out subpar. (O) which authorized Secretary to adjust the producer’s diversion payments to reflect the composi- tion of milk marketed during the marketing history period, in the event of substantial deviation in the composition of milk marketed after that period. Subsec. (d)(5)(B)(i). Pub. L. 99–198, § 101(c), designated existing provisions as cl. (i), struck out ‘‘(i)’’ after ‘‘Each person’’, substituted ‘‘or who fails to remit’’ for ‘‘, (ii) who fails to remit’’, struck out ‘‘, or (iii) who fails to make the reduction in marketings required by a contract under paragraph (3)’’ before ‘‘shall be lia- ble’’, and added cls. (ii) to (v). Subsec. (d)(7). Pub. L. 99–198, § 101(e), added par. (7). Subsecs. (i) to (k). Pub. L. 99–198, §§ 801(2), 901(2), 1008, temporarily added subsecs. (i) to (k). See Effective and Termination Dates of 1985 Amendment note below. 1983—Subsec. (d). Pub. L. 98–180 amended subsec. (d) generally, substituting provision designed to adjust milk production to levels consistent with the national demand for milk and milk products by reducing the price support to $12.60 per hundredweight, with provi- sion for further increase or decrease depending on vol- ume, providing a 50 cents reduction per hundredweight in the price on all milk produced in the United States and marketed by producers for commercial use, and es- tablishing a milk diversion program to reduce milk production for provision which kept the price support at $13.10 per hundredweight and authorized Secretary to collect $1.00 from farmers for every hundredweight of production sold, with the first 50 cents, payable begin- ning Oct. 1, 1982, to be nonrefundable, and the second 50 cents, payable beginning Apr. 1, 1983, refundable if the farmer could demonstrate reduced commercial mar- ketings from such marketings during a defined base pe- riod. 1982—Subsec. (c). Pub. L. 97–253, § 101(1), struck out provision specifying milk price supports for the period beginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary to set milk price supports if he estimated that for such a fiscal year the net cost of Government price support purchases would be less than $1,000,000,000 for that fiscal year or if he estimated that the net Government price support purchases would be less than a specified poundage per fiscal year. Subsec. (d). Pub. L. 97–253, § 101(2), added subsec. (d). 1981—Pub. L. 97–98, §§ 801(1), 901(1), temporarily in- serted reference in provision preceding subsec. (a) to soybeans, sugar beets, and sugarcane. See Effective and Termination Dates of 1981 Amendment note below. Subsec. (c). Pub. L. 97–98, § 103(1), substituted provi- sion specifying milk price supports for the period be- ginning Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years ending Sept. 30, 1983, 1984, and 1985, with au- thority for Secretary to set milk price supports if he estimates that for such a fiscal year the net cost of Government price support purchases will be less than $1,000,000,000 for that fiscal year or if he estimates that the net Government price support purchases will be less than a specified poundage per fiscal year for provi- sion specifying the procedure and setting a schedule to be used to determine milk price supports for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985. Pub. L. 97–35, § 150(1), substituted provisions setting forth price support levels for the period beginning Oct. 1, 1981, and ending Sept. 30, 1985, for provisions setting forth price support levels for the period beginning Oct. 1, 1977, and ending Sept. 30, 1981. Subsec. (d). Pub. L. 97–98, § 103(2), struck out subsec. (d) which provided that, effective for the period begin- ning Oct. 1, 1982, and ending Sept. 30, 1985, the support price of milk be adjusted by the Secretary at the begin- ning of each semiannual period to reflect the estimated change in the parity index during such semiannual pe- riod. Pub. L. 97–35, § 150(2), added subsec. (d). Pub. L. 97–6 struck out subsec. (d) which required that, for the period Oct. 1, 1977, to Sept. 30, 1981, the support price of milk be adjusted semiannually. Subsecs. (g), (h). Pub. L. 97–98, §§ 801(2), 901(2), tempo- rarily added subsecs. (g) and (h). See Effective and Ter- mination Dates of 1981 Amendments note below. 1980—Subsec. (e). Pub. L. 96–494 inserted proviso that 1981 crop of soybeans shall be supported through loans and purchases at not less than $5.02 per bushel. Page 780 TITLE 7—AGRICULTURE § 1446 1979—Subsec. (c). Pub. L. 96–127, § 1(a), substituted Sept. 30, 1981, for Mar. 31, 1979. Subsec. (d). Pub. L. 96–127, § 1(b), substituted Sept. 30, 1981, for Mar. 31, 1981. 1977—Pub. L. 95–113, §§ 901(1), 902(1), temporarily in- serted references to soybeans, sugar beets, and sugar cane in provisions preceding subsec. (a). See Effective and Termination Dates of 1977 Amendment note below. Subsec. (c). Pub. L. 95–113, § 203(1), substituted the pe- riod Oct. 1, 1977, through Mar. 31, 1979, for the period Aug. 10, 1973, through Mar. 31, 1975, as the period during which the price of milk shall be supported at not less than 80 per centum of parity. Subsec. (d). Pub. L. 95–113, § 203(2), added subsec. (d). Subsecs. (e), (f). Pub. L. 95–113, §§ 901(2), 902(2), tempo- rarily added subsecs. (e) and (f). See Effective and Ter- mination Dates of 1977 Amendment note below. 1973—Subsec. (b). Pub. L. 93–225 limited tung nuts price support level provisions to tung nuts through the 1976 crop year. Prior provisions were applicable to tung nuts without any crop year restriction. Subsec. (c). Pub. L. 93–86 inserted ‘‘of pure and whole- some milk to meet current needs, reflect changes in the cost of production, and assure a level of farm in- come adequate to maintain productive capacity suffi- cient to meet anticipated future needs’’ after ‘‘nec- essary in order to assure an adequate supply’’ and in- serted provision that for the period August 10, 1973, through March 31, 1975, the price of milk shall be sup- ported at not less than 80 per centum of the parity price therefor. 1970—Pub. L. 91–524 substituted ‘‘and milk’’ for ‘‘milk, butterfat, and products of milk and butterfat’’ in provisions preceding subsec. (a) and struck out pro- visions for butterfat price supports in subsec. (c). 1960—Subsec. (c). Pub. L. 86–799 inserted ‘‘Notwith- standing the foregoing provisions, for the period begin- ning with September 16, 1960, and ending March 31, 1961, the price of milk for manufacturing purposes and the price of butterfat shall be supported at not less than $3.22 per hundredweight and 59.6 cents per pound, re- spectively.’’ 1958—Subsec. (b). Pub. L. 85–835 required minimum support level of tung oil to be 65 per centum of parity whenever domestic production is less than anticipated domestic demand. 1956—Subsec. (c). Act July 20, 1956, struck out ‘‘as are’’ before ‘‘devoted,’’ and substituted ‘‘children’’ for ‘‘underprivileged children on a public welfare or chari- table basis’’. Act Apr. 2, 1956 increased amount authorized for fis- cal year 1956 from $50,000,000 to $60,000,000, to authorize $75,000,000 for each of fiscal years 1957 and 1958, and per- mitted certain institutions devoted to care and train- ing of underprivileged children on a public welfare or charitable basis to share in the program. 1954—Act Aug. 28, 1954, §§ 203(a), 709, removed Irish po- tatoes and wool (including mohair) from price support list in provisions preceding subsec. (a). Subsec. (a). Act Aug. 28, 1954, § 709, struck out subsec. (a) relating to support of wool and mohair. Subsec. (b). Act Aug. 28, 1954, § 203(a), struck out ref- erence to Irish potatoes. Subsec. (c). Act Aug. 28, 1954, § 204(b), provided for dis- posal of surplus dairy stocks owned by CCC. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT Amendment by sections 701(1), 901(1), and 1161(b) of Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an Effec- tive Date of 1990 Amendment note under section 1421 of this title. Pub. L. 101–624, title XXII, § 2236(a), Nov. 28, 1990, 104 Stat. 3961, provided that the amendment made by sec- tion 2236(a) is effective only for the 1990 crop of sugar- cane. EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT Pub. L. 101–239, title I, § 1007, Dec. 19, 1989, 103 Stat. 2110, provided that the amendment made by section 1007 is effective only for calendar year 1990. EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENTS Pub. L. 100–203, title I, § 1104(c), Dec. 22, 1987, 101 Stat. 1330–4, provided that the amendment made by section 1104(c) is effective only for the 1987 through 1990 crops of honey. Pub. L. 100–45, § 15(a), May 27, 1987, 101 Stat. 325, pro- vided that the amendment made by section 15(a) is ef- fective for the 1987 through 1990 crops of sunflowers. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–260, § 10, Mar. 20, 1986, 100 Stat. 52, provided that the amendment made by section 10 is effective Mar. 1, 1986. EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT Pub. L. 99–198, title I, § 101(f), Dec. 23, 1985, 99 Stat. 1366, provided that: ‘‘The provisions of this section [amending this section] shall become effective January 1, 1986.’’ Pub. L. 99–198, title VIII, § 801, Dec. 23, 1985, 99 Stat. 1441, provided that the amendment made by section 801 is effective only for the 1986 through 1990 crops of soy- beans. Pub. L. 99–198, title IX, § 901, Dec. 23, 1985, 99 Stat. 1443, provided that the amendment made by section 901 is effective only for the 1986 through 1990 crops of sugar beets and sugarcane. Pub. L. 99–198, title X, § 1008, Dec. 23, 1985, 99 Stat. 1452, provided that the amendment made by section 1008 is effective only for the 1985 through 1990 crops of peanuts, soybeans, sugar beets, and sugarcane. Pub. L. 99–198, title X, § 1041, Dec. 23, 1985, 99 Stat. 1464, provided that the amendment made by section 1041 is effective only for the 1986 through 1990 crops of honey. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–253, title I, § 101(1), Sept. 8, 1982, 96 Stat. 763, provided that the amendment made by section 101(1) is effective Oct. 1, 1982. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENTS Pub. L. 97–98, title VIII, § 801, Dec. 22, 1981, 95 Stat. 1256, provided that the amendment made by section 801 is effective only for the 1982 through 1985 crop of soy- beans. Pub. L. 97–98, title IX, § 901, Dec. 22, 1981, 95 Stat. 1257, provided that the amendment made by section 901 is ef- fective only for the 1982 through 1985 crop of sugar beets and sugarcane. Amendment by section 103 of Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. Pub. L. 97–35, title I, § 150, Aug. 13, 1981, 95 Stat. 369, provided that the amendment made by section 150 is ef- fective Oct. 1, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–494 effective Dec. 3, 1980, see section 213 of Pub. L. 96–494, set out as an Effective Date note under section 4001 of this title. EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT Pub. L. 95–113, title IX, § 901, Sept. 29, 1977, 91 Stat. 949, provided that the amendment made by section 901 is effective only with respect to the 1978 through 1981 crops of soybeans. Pub. L. 95–113, title IX, § 902, Sept. 29, 1977, 91 Stat. 949, provided that the amendment made by section 902 Page 781 TITLE 7—AGRICULTURE § 1446 is effective only with respect to the 1977 and 1978 crops of sugar beets and sugar cane. Amendment by Pub. L. 95–113 effective Oct. 1, 1977, except as otherwise specifically provided, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–86, § 1(3)(B), Aug. 10, 1973, 87 Stat. 222, pro- vided that the amendment made by section 1(3)(B) is ef- fective Apr. 1, 1974. EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT Pub. L. 91–524, title II, § 202, Nov. 30, 1970, 84 Stat. 1361, in introductory provisions, provided that the amend- ment made by section 202 is effective only with respect to the period beginning Apr. 1, 1971, and ending Mar. 31, 1974. Pub. L. 93–86, § 1(3)(A), Aug. 10, 1973, 87 Stat. 222, struck out such introductory provisions. EFFECTIVE DATE OF 1954 AMENDMENT Act Aug. 28, 1954, ch. 1041, title VII, § 709, 68 Stat. 912, which provided that the amendment made by section 709 was effective Apr. 1, 1955, was repealed by Pub. L. 103–130, § 3(a), Nov. 1, 1993, 107 Stat. 1369, eff. Dec. 31, 1995. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(8) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(8) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(8) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(H) of this title. APPLICATION OF 1990 AMENDMENTS Pub. L. 101–624, title I, § 107, Nov. 28, 1990, 104 Stat. 3380, provided that: ‘‘The amendments made by this title [enacting section 1446e of this title, amending sec- tions 608c, 1446a, and 4553 of this title and section 713a–14 of Title 15, Commerce and Trade, and amending provisions set out as notes under sections 608c and 1731 of this title] shall not affect any liability of any person under section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) as in effect before the date of the enact- ment of this Act [Nov. 28, 1990].’’ MODIFICATION OF MILK PRODUCTION TERMINATION PROGRAM Pub. L. 102–237, title I, § 128, Dec. 13, 1991, 105 Stat. 1846, provided that if, with respect to any natural dis- aster occurring during period beginning on Oct. 1, 1990, and ending on Feb. 1, 1991, the Secretary of Agriculture determines that natural disaster renders unusable land or milk production facilities of producers on a farm, the Secretary shall allow the producers to transfer the production unit (including dairy animals and equip- ment) to farm idled under milk production termination program established under subsec. (d)(3) of this section, without penalty, if the producers on the farm agree to comply with all terms and conditions of program con- tract for remainder of contract period. TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT Pub. L. 100–418, title IV, § 4301, Aug. 23, 1988, 102 Stat. 1395, directed President, if, before Jan. 1, 1990, law had not been enacted in accordance with 19 U.S.C. 2191 im- plementing agreement negotiated under Uruguay round of multilateral trade negotiations conducted under General Agreement on Tariffs and Trade concerning ag- ricultural trade, to submit, not later than 45 days after such date, report to Congress describing status of GATT negotiations concerning agricultural trade, and to certify to Congress whether significant progress had been made in negotiations, and provided authority for a marketing loan program if President did not so cer- tify, and authority for an export enhancement pro- gram, if President waived or discontinued marketing loan program, prior to repeal by Pub. L. 104–127, title II, § 263(b), (c), Apr. 4, 1996, 110 Stat. 974, effective begin- ning with 1996 crops of wheat, feed grains, upland cot- ton, and rice. PRICE SUPPORT PROGRAMS FOR SUNFLOWER SEEDS AND COTTONSEED Pub. L. 100–418, title IV, § 4302, Aug. 23, 1988, 102 Stat. 1397, directed Secretary to support price of 1990 crop of sunflower seeds and cottonseed if producers were per- mitted to repay loans for 1990 crop of soybeans under subsec. (i) of this section at level that was less than full amount of loan pursuant to section 4301 of Pub. L. 100–418 (formerly set out as a note above), and provided that, if marketing loan program for 1990 crop of soy- beans was discontinued under section 4301(b)(3) of Pub. L. 100–418, Secretary was to discontinue such price sup- port programs for sunflower seeds and cottonseed. TEMPORARY INCREASE IN PRICE SUPPORT FOR MILK; IMPLEMENTATION Pub. L. 101–7, § 1, Mar. 29, 1989, 103 Stat. 9, provided for allocation of price support increases and decreases be- tween non-fat dry milk and butter with respect to pur- chases of butter and non-fat dry milk made under sub- sec. (d) of this section, in carrying out temporary $0.50 per hundredweight increase in rate of price support for milk provided for in section 102(b) of Pub. L. 100–387 (formerly set out below) and in implementing $0.50 per hundredweight decrease in rate of price support for milk scheduled to occur on July 1, 1989, as provided in such section 102(b). Pub. L. 100–387, title I, § 102(b), Aug. 11, 1988, 102 Stat. 932, provided that notwithstanding subsec. (d)(1) of this section, the rate of price support for milk in effect under such subsec. immediately before Apr. 1, 1989, shall be increased by 50 cents throughout the period be- ginning on Apr. 1, 1989, and ending on June 30, 1989. REPORT TO COMMITTEES OF CONGRESS Pub. L. 100–387, title III, § 301(a)(2), Aug. 11, 1988, 102 Stat. 946, directed Secretary of Agriculture, not earlier than Feb. 1, 1989, and not later than Mar. 1, 1989, with respect to 1989 crop of soybeans, and not later than Sept. 1, 1989, with respect to 1990 crop of soybeans, to submit to Congress statement setting forth reasons for implementing or not implementing soybean marketing loan program authorized under subsec. (i)(3) of this sec- tion. SENSE OF CONGRESS Pub. L. 100–45, § 15(b), May 27, 1987, 101 Stat. 326, stat- ed sense of Congress that, if producers were permitted to repay loans for a crop of soybeans under subsec. (i) of this section at a level that is less than the full amount of the loan, the Secretary should make loans and purchases available for such crop of sunflowers in accordance with subsec. (l)(1) of this section and permit producers to repay such loans in accordance with sub- sec. (l)(2) of this section. APPLICATION OF SUPPORT PRICE FOR MILK Pub. L. 99–198, title I, § 103, Dec. 23, 1985, 99 Stat. 1366, provided that for purposes of supporting price of milk under subsec. (d) of this section, the Secretary of Agri- Page 782 TITLE 7—AGRICULTURE § 1446a culture was not to take into consideration any market value of whey. AVOIDANCE OF ADVERSE EFFECT OF MILK PRODUCTION TERMINATION PROGRAM ON BEEF, PORK, AND LAMB PRODUCERS Pub. L. 99–198, title I, § 104, Dec. 23, 1985, 99 Stat. 1366, directed Secretary of Agriculture, in order to minimize adverse effect of milk production termination program on beef, pork, and lamb producers during 18-month pe- riod for which such program was in effect under subsec. (d) of this section, to use funds available under specific programs of Department of Agriculture to purchase and distribute quantities of red meat in addition to those quantities normally purchased and distributed by Sec- retary, directed Secretary of Defense and other Federal agencies to use increased quantities of red meat to meet food needs of programs they administered, en- couraged State agencies to cooperate in such effort, and directed Secretary of Agriculture to encourage consumption of red meat by the public. CIRCUMVENTION OF HISTORICAL DISTRIBUTION OF MILK Pub. L. 99–198, title I, § 107, Dec. 23, 1985, 99 Stat. 1367, directed Secretary of Agriculture to monitor Com- modity Credit Corporation purchases of milk products during 1986 and 1987 and report to Congress, on a quar- terly basis, on disruptions of, or attempts by handlers or cooperative marketing associations to circumvent, historical distribution of milk among processors during the milk production termination program. APPLICATION OF 1985 AMENDMENTS Pub. L. 99–198, title I, § 108, Dec. 23, 1985, 99 Stat. 1367, provided that: ‘‘The amendments made by this subtitle [subtitle A (§§ 101–108) of title I of Pub. L. 99–198, enact- ing section 1446c–2 of this title, amending this section, and enacting provisions set out as notes under this sec- tion] shall not affect any liability of any person under section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) as in effect before the date of the enactment of this Act [Dec. 23, 1985].’’ NATIONAL COMMISSION ON DAIRY POLICY Pub. L. 99–198, title I, subtitle D (§§ 141–146), Dec. 23, 1985, 99 Stat. 1374, as amended by Pub. L. 100–28, § 1, Apr. 24, 1987, 101 Stat. 291, established a National Commis- sion on Dairy Policy to study and make recommenda- tions concerning future operation of the Federal pro- gram established to support price of milk marketed by producers in the United States, directed Commission to submit to Secretary of Agriculture and Congress, not later than Mar. 31, 1988, a report containing results of its study and its recommendations, and provided for termination of Commission 30 days after submitting its report. APPLICABILITY OF SUBSECTION (d)(2), (3) TO 48 CONTIG- UOUS STATES, DECEMBER 1983, THROUGH MAY 1984 Pub. L. 98–213, § 14, Dec. 8, 1983, 97 Stat. 1462, provided that effective with respect to milk marketed for com- mercial use during period beginning on Dec. 1, 1983 and ending on May 31, 1984, subsec. (d)(2) and (3) of this sec- tion was to apply only to milk produced in the forty- eight contiguous States. IMPLEMENTATION OF SUBSECTION (d) WITHOUT REGARD TO PUBLIC PARTICIPATION IN RULEMAKING Pub. L. 99–198, title I, § 102, Dec. 23, 1985, 99 Stat. 1366, provided that 5 U.S.C. 553 was not to apply with respect to implementation of subsec. (d) of this section by the Secretary of Agriculture. Pub. L. 98–180, title I, § 102(b), Nov. 29, 1983, 97 Stat. 1135, directed Secretary of Agriculture to implement provisions of subsec. (d) of this section, as amended by section 102(a) of Pub. L. 98–180, without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in 5 U.S.C. 553. AVOIDANCE OF ADVERSE IMPACT OF DAIRY DIVERSION PROGRAM ON BEEF AND PORK PRODUCERS Pub. L. 98–180, title I, § 103, Nov. 29, 1983, 97 Stat. 1135, provided that in order to minimize adverse impact of the dairy diversion program on beef and pork pro- ducers, Secretary of Agriculture was to use funds avail- able for purposes of 7 U.S.C. 612c(2) and other funds available under commodity distribution and other nu- trition programs of Department of Agriculture to in- crease use of beef and pork for such purposes, Secretary of Defense and other Federal and State agencies were encouraged to use increased quantities of beef and pork to meet food needs of programs which they adminis- tered, and Secretary of Agriculture was to take appro- priate action to encourage consumption of beef and pork by members of public. PRICE SUPPORT OF MILK FOR PERIOD BEGINNING OCTO- BER 1, 1981, AND ENDING NO LATER THAN DECEMBER 31, 1981 Pub. L. 97–67, § 1, Oct. 20, 1981, 95 Stat. 1039, as amend- ed by Pub. L. 97–77, § 2(a), Nov. 13, 1981, 95 Stat. 1069, provided that notwithstanding provisions of subsec. (c) of this section, the price of milk was to be supported at the level of $13.10 per hundredweight for milk con- taining 3.67 per centum butterfat for the period begin- ning Oct. 1, 1981, and ending Dec. 22, 1981. CONTINUATION OF SPECIAL MILK PROGRAM FOR CHILDREN Pub. L. 85–478, July 1, 1958, 72 Stat. 276, as amended by Pub. L. 86–10, Apr. 3, 1959, 73 Stat. 15; Pub. L. 86–163, Aug. 18, 1959, 73 Stat. 363; Pub. L. 86–446, §§ 1, 2, Apr. 29, 1960, 74 Stat. 84; Pub. L. 87–67, June 30, 1961, 75 Stat. 147; Pub. L. 87–128, title IV, § 402, Aug. 8, 1961, 75 Stat. 319, authorized, for the fiscal years 1960–1962, the use of the funds of the Commodity Credit Corporation to increase the consumption of fluid milk by children (1) in non- profit schools of high-school grade and under; and (2) in nonprofit nursery schools, child-care centers, settle- ment houses, summer camps, and similar nonprofit in- stitutions devoted to the care and training of children. Appropriations were further authorized for fiscal years 1963–1967 for the same purposes. STUDY OF PRODUCTION CONTROL AND PRICE SUPPORTS; REPORT TO CONGRESS Act Aug. 28, 1954, ch. 1041, title II, § 204(f), 68 Stat. 901, directed Secretary of Agriculture to make a study of various methods of production control and of various methods of price support which could be made applica- ble to milk and butterfat and their products, including programs to be operated and financed by dairymen; and to submit to Congress on or before the 3d day of Janu- ary, 1955, a detailed report thereof showing among other things the probable costs and effects of each type of operation studied and the legislation, if any, needed to put it into effect. § 1446a. Dairy products; availability through Commodity Credit Corporation As a means of increasing the utilization of dairy products (including for purposes of this section, milk) upon the certification by the Sec- retary of Veterans Affairs or by the Secretary of the Army, acting for the military departments under the Department of Defense’s Single Serv- ice Purchase Assignment for Subsistence, or their duly authorized representatives that the usual quantities of dairy products have been purchased in the normal channels of trade— (a) Secretary of Veterans Affairs; needs; report to Congress The Commodity Credit Corporation until De- cember 31, 1995, shall make available to the Sec-