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5. Agriculture and Food Act of 1981
Partial text of Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274; as amended by Public Law 98-412 [Agricultural Trade and Export Policy Commission Act, HJ. Res. 600], 98 Stat. 1576, approved August 30, 1984; Public Law 99-198 [Food for Progress Act of 1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985; and by Public Law 101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990
AN ACT To provide price and income protection for farmers, assure consumers an abundance of food and fiber at reasonable prices, continue food assistance to lowincome households, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Agriculture and Food Act of 1981".
TITLE XII-AGRICULTURAL EXPORTS AND PUBLIC LAW 480 SUBTITLE A-GENERAL EXPORT PROVISIONS
AGRICULTURAL EXPORT CREDIT REVOLVING FUND
Sec. 1201.1 *
CONGRESSIONAL CONSULTATION ON BILATERAL COMMODITY SUPPLY AGREEMENTS
Sec. 1202.2 As soon as practicable before the Government of the United States enters into any bilateral international agreement, other than a treaty, involving a commitment on the part of the United States to assure access by a foreign country or instrumentality thereof to United States agricultural commodities or products thereof on a commercial basis, the President is encouraged to notify and consult with the appropriate committees of Congress for the purpose of setting forth in detail the terms of and reasons for negotiating such agreement.
SPECIAL STANDBY EXPORT SUBSIDY PROGRAM
Sec. 1203.3 * [Repealed-1990]
AGRICULTURAL EMBARGO PROTECTION
1 Sec. 1201 amended sec. 4 of the Food for Peace Act of 1966 (Public Law 89-808) by adding a new subsec. (d) which established the Agricultural Export Credit Revolving Fund.
27 U.S.C. 1736h.
Secs. 1203, 1204, and 1205 (7 U.S.C. 1736i, 1736j, 1736k) were repealed by sec. 1573 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3702).
DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF EXPORT EMBARGOES ON AGRICULTURAL COMMODITIES
Sec. 1205.3 * ** [Repealed]
CONSULTATION ON GRAIN MARKETING
Sec. 1206. Congress encourages the Secretary of Agriculture, in coordination with other appropriate Federal departments and agencies, to continue to consult with representatives of other major grain exporting nations toward the goal of establishing more orderly marketing of grain and achieving higher farm income for producers of grain.
EXPANSION OF INTERNATIONAL MARKETS FOR UNITED STATES
Sec. 1207.5 (a) It is the sense of Congress that, in order to further assist in the development, maintenance, and expansion of international markets for United States agricultural commodities and the products thereof, the Secretary of Agriculture should and is requested to
(1) use the intermediate credit program authorized under section 4 of the Food for Peace Act of 1966 (7 U.S.C. 1707a) to improve the capability of importing nations to purchase and use United States agricultural commodities and the products thereof on a long-term basis;
(2) ask Congress, at the earliest practicable date, for funds for the agricultural export credit revolving fund in an amount sufficient to meet the demand for short-term credit authorized to be made available under section 4 of the Food for Peace Act of 1966;
(3) establish, insofar as practicable, the maximum number of United States Agricultural Trade Offices in other nations authorized by section 605A of the Act of August 28, 1954 (7 U.S.C. 1765a);
(4) use, to the maximum extent practicable, existing authority to ensure full utilization of the levy-free quota, established during the Tokyo round of the multilateral trade negotiations, for the export sale of United States high quality beef to the European Economic Community;
(5) expand, to the fullest extent possible, the market development activities of the Foreign Agricultural Service of the Department of Agriculture in developed, developing, market, and nonmarket foreign countries with particular emphasis on (A) continuation of the cooperator programs at the same funding level (adjusted for inflation) as provided during fiscal year 1970; (B) a more active export market development program for value added farm products and processed foods; and (C) the implementation of a full-scale program for forestry products, including commodity information, trade policy, and market development for such products;
7 U.S.C. 1736.
7 U.S.C. 1736m.
(6) ensure that the European Economic Community observes its commitments under the General Agreement on Tariffs and Trade regarding the tariff-free binding on imports of soybeans and corn gluten feed;
(7) consult with the appropriate officials of the Government of Japan with the objective of increasing the export sales of citrus fruits and high quality beef to Japan and to develop mutually acceptable standards for the certification of lettuce and other specialty crops for export to Japan; and
(8) use the authority under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to establish a special standby export subsidy program for United States agricultural commodities and the products thereof, the export of which has been restricted by foreign government subsidies.
(b) It is further declared to be the sense of Congress that any special standby export subsidy program established by the Secretary of griculture pursuant to subsection (a)(8) of this section should be (1) consistent with United States international obligations, and (2) designed to neutralize the effects of those foreign agricultural commodity subsidy programs that
(A) the President has determined, pursuant to section 301 of the Trade Act of 1974 (19 U.S.C. 2411), are acts, policies, or practices described in section 301(a) of such Act that should be eliminated by appropriate action of the United States; and
(B) have, as the result of the appropriate dispute settlement procedures, been found to be in violation of the General Agreement on Tariffs and Trade or the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures), if applicable.
INCREASED USAGE OF PROTEIN BYPRODUCTS DERIVED FROM ALCOHOL FUEL PRODUCTION
Sec. 1208.6 (a) Congress finds that the use of the protein byproduct resulting from the production of fuel alcohol from agricultural commodities may make it possible for the United States to make available significantly increased amounts of protein to meet the food needs of developing countries without any increase in handling, storage, and transportation facilities. It is the sense of Congress that serious consideration should be given to the potential of this protein byproduct and that, if found to be feasible, this protein byproduct should be included in the Department of Agriculture's commodity export and donation programs.
(b) Accordingly, the Secretary of Agriculture shall continue to investigate the potential for using the protein byproduct resulting from the production of fuel alcohol from agricultural commodities in meeting the food needs of developing countries through food for peace programs carried out under the Agricultural Trade Development and Assistance Act of 1954 and through the export credit sales program carried out under section 4 of the Food for Peace Act
6 7 U.S.C. 1736.
of 1966 and section 5(f) of the Commodity Credit Corporation Charter Act.
(c) The Secretary shall also continue to investigate the potential for using the protein byproduct resulting from the production of fuel alcohol from agricultural commodities in the distribution of food products under the commodity donation program carried out under clause (3) of section 416 of the Agricultural Act of 1949 and under section 210 of the Agricultural Act of 1956.
(d)(1) Not later than twelve months after enactment of this Act, the Secretary shall include the results of the investigations referred to in subsections (b) and (c) of this section in an appropriate report to Congress.
(2) The Secretary shall thereafter provide to Congress each year a description of the efforts being made by the Department to make available, as part of the programs referred to in subsections (b) and (c) of this section, the protein byproduct resulting from the production of fuel alcohol from agricultural commodities. The information for all such programs shall be included in the report submitted pursuant to section 407(g) of the Agricultural Trade Development and Assistance Act of 1954, or in any other appropriate annual report to Congress.
EXEMPTION FOR PROTEIN BYPRODUCTS
Sec. 1209. The Act entitled "An Act authorizing Commodity Credit Corporation to purchase flour and cornmeal and donating same for certain domestic and foreign purposes", approved August 19, 1958 (7 U.S.C. 1431 note), is amended in the proviso by inserting "(except that this limitation does not apply in the case of the protein byproduct resulting from the production of fuel alcohol from agricultural commodities)" immediately after "processed".
SUBTITLE B-PUBLIC LAW 480 8
SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION;
SUBTITLE CAGRICULTURAL TRADE AND EXPORT POLICY COMMISSION ACT 9
Sec. 1217.9 This subtitle may be cited as the "Agricultural Trade and Export Policy Commission Act".
FINDINGS AND DECLARATION OF POLICY
Sec. 1218.o (a) Congress finds that—
7 Sec. 1515(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101624; 104 Stat. 3663), struck out “408(a)” and inserted in lieu thereof “407(g)”.
• Subtitle B amended Public Law 480.
7 U.S.C. 1691 note. Public Law 98-412 (98 Stat. 1576) added subtitle C (sec. 1217-1223).
(1) the economic well-being of the Nation's agricultural industry is directly related to its ability to compete in international markets; and
(2) a thorough examination of agriculture-related trade and export policies, programs, and practices of the United States is needed to ensure that such policies, programs, and practices increase the competitiveness of United States agricultural commodities and products in international markets.
(b) It is hereby declared to be the policy of Congress to expand international trade in United States agricultural commodities and products and to develop, maintain, and expand markets for United States agricultural exports.
Sec. 1219.9 (a) There is established a National Commission on Agricultural Trade and Export Policy to conduct a study of the agriculture-related trade and export policies, programs, and practices of the United States.
(b) In addition to the ex officio congressional members specified in subsection (c) of this section, the Commission shall be composed of twenty-three members appointed or designated by the President and selected as follows:
(1) The President shall select three members from among officers or employees of the Executive branch who shall serve in an ex officio capacity without voting rights; and
(2) The President pro tempore of the Senate and the Speaker of the House of Representatives shall each select then members from among private citizens of the United States to represent industries that are directly affected by agriculture-related trade and export policies, programs, and practices of the United States, including, but not limited to, the following:
(A) producers of major agricultural commodities in the United States;
(B) processors or refiners of United States agricultural commodities;
(C) exporters, transporters, or shippers of United States agricultural commodities and products to foreign countries;
(D) suppliers of production equipment or materials to United States farmers;
(E) providers of financing or credit for domestic and export agricultural purposes; and
(F) organizations representing general farm and rural interests in the United States.
(c) The chairmen and ranking minority members of the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, the House Committee on Foreign Affairs, the Senate Committee on Foreign Relations, the House Committee on Ways and Means, and the Senate Committee on Finance shall serve as ex officio members of the Commission and shall have the same voting rights as the members of the Commission selected and appointed under the provisions of subsection (b)(2) of this section. The chairmen and ranking minority members may designate other