7 U.S.C. § 1293 — Transferred

Page 589 TITLE 7—AGRICULTURE § 1293 Editorial Notes AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘Surface Transpor- tation Board’’ for ‘‘Interstate Commerce Commission’’ in subsecs. (a), (c), and (d), ‘‘Board’’ for ‘‘Commission’’ wherever appearing in subsecs. (a) and (b), and ‘‘Board’s’’ for ‘‘Commission’s’’ in subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. § 1292. New uses and markets for commodities (a) Regional research laboratories The Secretary is authorized and directed to es- tablish, equip, and maintain four regional re- search laboratories, one in each major farm pro- ducing area, and, at such laboratories, to con- duct researches into and to develop new sci- entific, chemical, and technical uses and new and extended markets and outlets for farm com- modities and products and byproducts thereof. Such research and development shall be devoted primarily to those farm commodities in which there are regular or seasonal surpluses, and their products and byproducts. (b) Acquisition of land for laboratories; dona- tions For the purposes of subsection (a), the Sec- retary is authorized to acquire land and inter- ests therein, and to accept in the name of the United States donations of any property, real or personal, to any laboratory established pursuant to this section, and to utilize voluntary or un- compensated services at such laboratories. Do- nations to any one of such laboratories shall not be available for use by any other of such labora- tories. (c) Cooperation with governmental agencies, as- sociations, etc. In carrying out the purposes of subsection (a), the Secretary is authorized and directed to co- operate with other departments or agencies of the Federal Government, States, State agricul- tural experiment stations, and other State agen- cies and institutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and individuals, upon such terms and conditions as he may prescribe. (d) Appropriation for purposes of subsection (a) To carry out the purposes of subsection (a), the Secretary is authorized to utilize in each fis- cal year, beginning with the fiscal year begin- ning July 1, 1938, a sum not to exceed $4,000,000 of the funds appropriated pursuant to section 1391 of this title, or section 590o of title 16, for such fiscal year. The Secretary shall allocate one-fourth of such sum annually to each of the four laboratories established pursuant to this section. (e) Repealed. Aug. 30, 1954, ch. 1076, § 1(3), 68 Stat. 966 (f) Appropriation to Secretary of Commerce There is allocated to the Secretary of Com- merce for each fiscal year, beginning with the fiscal year beginning July 1, 1938, out of funds appropriated for such fiscal year pursuant to section 1391 of this title, or section 590o of title 16 the sum of $1,000,000 to be expended for the promotion of the sale of farm commodities and products thereof in such manner as he shall di- rect. Of the sum allocated under this subsection to the Secretary of Commerce for the fiscal year beginning July 1, 1938, $100,000 shall be devoted to making a survey and investigation of the cause or causes of the reduction in exports of ag- ricultural commodities from the United States, in order to ascertain methods by which the sales in foreign countries of basic agricultural com- modities produced in the United States may be increased. (g) Duty of Secretary It shall be the duty of the Secretary to use available funds to stimulate and widen the use of all farm commodities in the United States and to increase in every practical way the flow of such commodities and the products thereof into the markets of the world. (Feb. 16, 1938, ch. 30, title II, § 202, 52 Stat. 37; Aug. 30, 1954, ch. 1076, § 1(3), 68 Stat. 966.) Editorial Notes AMENDMENTS 1954—Subsec. (e). Act Aug. 30, 1954, repealed subsec. (e) which required reports to Congress of the activities of, expenditures by, and donations to, the laboratories established pursuant to subsec. (a). Statutory Notes and Related Subsidiaries WHEAT RESEARCH AND PROMOTION ACT Pub. L. 91–430, Sept. 26, 1970, 84 Stat. 885, provided: ‘‘[Section 1. Short Title]. That this Act shall be known as the ‘Wheat Research and Promotion Act.’ ‘‘SEC. 2 [Contract authority; sale of export marketing certificates and pro rata share of such certificates for financing agreements; rules and regulations]. The Sec- retary of Agriculture is authorized to enter into agree- ments with organizations of wheat growers, farm orga- nizations, and such other organizations as he may deem appropriate to carry out a program of research and pro- motion designed to expand domestic and foreign mar- kets and increase utilization for United States wheat and to carry out any other such program which he deems will benefit wheat producers in the United States. Notwithstanding any other provision of law, the Secretary shall use the total net proceeds from the sale of export marketing certificates during the mar- keting year ending June 30, 1969, to finance the cost of such agreements, except that he shall provide for the issuance of a pro rata share of export marketing certifi- cates for such marketing year to any producer eligible therefor under section 379c of the Agricultural Adjust- ment Act of 1938, as amended [section 1379c of this title], who applies for such certificates not later than ninety days after the date of enactment of this Act [Sept. 26, 1970]. The Secretary is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this Act.’’ § 1293. Transferred Editorial Notes CODIFICATION Section, act Feb. 16, 1938, ch. 30, title II, § 204, 52 Stat. 38, which provided for annual report of Federal Surplus Commodities Corporation, was transferred to section 713c–1 of Title 15, Commerce and Trade. Page 590 TITLE 7—AGRICULTURE § 1301 SUBCHAPTER II—LOANS, PARITY PAY- MENTS, CONSUMER SAFEGUARDS, MAR- KETING QUOTAS, AND MARKETING CER- TIFICATES PART A—DEFINITIONS, LOANS, PARITY PAYMENTS, AND CONSUMER SAFEGUARDS § 1301. Definitions (a) General definitions For the purposes of this subchapter and the declaration of policy— (1)(A) The ‘‘parity price’’ for any agricul- tural commodity, as of any date, shall be de- termined by multiplying the adjusted base price of such commodity as of such date by the parity index as of such date. (B) The ‘‘adjusted base price’’ of any agricul- tural commodity, as of any date, shall be (i) the average of the prices received by farmers for such commodity, at such times as the Sec- retary may select during each year of the ten- year period ending on the 31st of December last before such date, or during each mar- keting season beginning in such period if the Secretary determines use of a calendar year basis to be impracticable, divided by (ii) the ratio of the general level of prices received by farmers for agricultural commodities during such period to the general level of prices re- ceived by farmers for agricultural commod- ities during the period January 1910 to Decem- ber 1914, inclusive. As used in this subpara- graph, the term ‘‘prices’’ shall include war- time subsidy payments made to producers under programs designed to maintain max- imum prices established under the Emergency Price Control Act of 1942. (C) The ‘‘parity index’’, as of any date, shall be the ratio of (i) the general level of prices for articles and services that farmers buy, wages paid hired farm labor, interest on farm indebt- edness secured by farm real estate, and taxes on farm real estate, for the calendar month ending last before such date to (ii) the general level of such prices, wages, rates, and taxes during the period January 1910 to December 1914, inclusive. (D) The prices and indices provided for here- in, and the data used in computing them, shall be determined by the Secretary, whose deter- mination shall be final. (E) Notwithstanding the provisions of sub- paragraph (A) of this paragraph, the transi- tional parity price for any agricultural com- modity, computed as provided in this subpara- graph, shall be used as the parity price for such commodity until such date after January 1, 1950, as such transitional parity price may be lower than the parity price, computed as provided in subparagraph (A) of this para- graph, for such commodity. The transitional parity price for any agricultural commodity as of any date shall be— (i) its parity price determined in the man- ner used prior to the effective date of the Agricultural Act of 1948, less (ii) 5 per centum of the parity price so de- termined multiplied by the number of full calendar years (not counting 1956 in the case of basic agricultural commodities) which, as of such date, have elapsed after January 1, 1949, in the case of non-basic agricultural commodities, and after January 1, 1955, in the case of the basic agricultural commod- ities. (F) Notwithstanding the provisions of sub- paragraphs (A) and (E) of this paragraph, if the parity price for any agricultural commodity, computed as provided in subparagraphs (A) and (E) of this paragraph, appears to be seri- ously out of line with the parity prices of other agricultural commodities, the Secretary may, and upon the request of a substantial number of interested producers shall, hold public hearings to determine the proper rela- tionship between the parity price of such com- modity and the parity prices of other agricul- tural commodities. Within sixty days after commencing such hearing the Secretary shall complete such hearing, proclaim his findings as to whether the facts require a revision of the method of computing the parity price of such commodity, and put into effect any revi- sion so found to be required. (G) Notwithstanding the foregoing provi- sions of this section, the parity price for any basic agricultural commodity, as of any date during the six-year period beginning January 1, 1950, shall not be less than its parity price computed in the manner used prior to October 31, 1949. (2) ‘‘Parity’’, as applied to income, shall be that gross income from agriculture which will provide the farm operator and his family with a standard of living equivalent to those af- forded persons dependent upon other gainful occupation. ‘‘Parity’’ as applied to income from any agricultural commodity for any year, shall be that gross income which bears the same relationship to parity income from agriculture for such year as the average gross income from such commodity for the pre- ceding ten calendar years bears to the average gross income from agriculture for such ten calendar years. (3) The term ‘‘interstate and foreign com- merce’’ means sale, marketing, trade, and traffic between any State or Territory or the District of Columbia or Puerto Rico, and any place outside thereof; or between points with- in the same State or Territory or within the District of Columbia or Puerto Rico, through any place outside thereof; or within any Terri- tory or within the District of Columbia or Puerto Rico. (4) The term ‘‘affect interstate and foreign commerce’’ means, among other things, in such commerce, or to burden or obstruct such commerce or the free and orderly flow thereof; or to create or tend to create a surplus of any agricultural commodity which burdens or ob- structs such commerce or the free and orderly flow thereof. (5) The term ‘‘United States’’ means the sev- eral States and Territories and the District of Columbia and Puerto Rico. (6) The term ‘‘State’’ includes a Territory and the District of Columbia and Puerto Rico. (7) The term ‘‘Secretary’’ means the Sec- retary of Agriculture, and the term ‘‘Depart- ment’’ means the Department of Agriculture.