§ 714c Specific powers of Corporation · 115-117

115-129 is not ingested; this is Title 15 as published at 115-117 (2018-01-12), which is the latest release point at or before it that carries this title.

§ 714c.

Specific powers of Corporation

In the fulfillment of its purposes and in carrying out its annual budget programs submitted to and approved by the Congress pursuant to chapter 91 of title 31, the Corporation is authorized to use its general powers only to—

(a)

Support the prices of agricultural commodities (other than tobacco) through loans, purchases, payments, and other operations.

(b)

Make available materials and facilities required in connection with the production and marketing of agricultural commodities (other than tobacco).

(c)

Procure agricultural commodities (other than tobacco) for sale to other Government agencies, foreign governments, and domestic, foreign, or international relief or rehabilitation agencies, and to meet domestic requirements.

(d)

Remove and dispose of or aid in the removal or disposition of surplus agricultural commodities (other than tobacco).

(e)

Increase the domestic consumption of agricultural commodities (other than tobacco) by expanding or aiding in the expansion of domestic markets or by developing or aiding in the development of new and additional markets, marketing facilities, and uses for such commodities.

(f)

Export or cause to be exported, or aid in the development of foreign markets for, agricultural commodities (other than tobacco) (including fish and fish products, without regard to whether such fish are harvested in aquacultural operations).

(g)

Carry out conservation or environmental programs authorized by law.

(h)

Carry out such other operations as the Congress may specifically authorize or provide for.

In the Corporation’s purchasing and selling operations with respect to agricultural commodities (other than tobacco) (except sales to other Government agencies), and in the warehousing, transporting, processing, or handling of agricultural commodities (other than tobacco), the Corporation shall, to the maximum extent practicable consistent with the fulfillment of the Corporation’s purposes and the effective and efficient conduct of its business, utilize the usual and customary channels, facilities, and arrangements of trade and commerce (including, at the option of the Corporation, the use of private sector entities).

Source

(June 29, 1948, ch. 704, § 5, 62 Stat. 1072; Pub. L. 98–623, title IV, § 405(a),

Nov. 8, 1984

, 98 Stat. 3409; Pub. L. 104–127, title III, § 381(a),

Apr. 4, 1996

, 110 Stat. 1016; Pub. L. 107–171, title I, § 1609,

May 13, 2002

, 116 Stat. 218; Pub. L. 108–357, title VI, § 612(d),

Oct. 22, 2004

, 118 Stat. 1524.)

Notes

Codification

“Chapter 91 of title 31” substituted in provision preceding subsec. (a) for “the Government Corporation Control Act (31 U.S.C., 1940 edition, Supp. V, 841)” on authority of Pub. L. 97–258, § 4(b),

Sept. 13, 1982

, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

2004—Pub. L. 108–357 inserted “(other than tobacco)” after “agricultural commodities” wherever appearing.

2002—Pub. L. 107–171 inserted “(including, at the option of the Corporation, the use of private sector entities)” before period at end of last sentence.

1996—Subsecs. (g), (h). Pub. L. 104–127 added subsec. (g) and redesignated former subsec. (g) as (h).

1984—Subsec. (f). Pub. L. 98–623 inserted “(including fish and fish products, without regard to whether such fish are harvested in aquacultural operations)”.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of Title 7, Agriculture.

Effective Date of 1996 Amendment

Pub. L. 104–127, title III, § 381(b),

Apr. 4, 1996

, 110 Stat. 1016, provided that:

“The amendments made by subsection (a) [amending this section] shall become effective on

January 1, 1997

.”

Effective Date of 1984 Amendment

Pub. L. 98–623, title IV, § 405(d),

Nov. 8, 1984

, 98 Stat. 3409, provided that:

“For purposes of section 135 of the Omnibus Budget Reconciliation Act of 1982 (7 U.S.C. 612c note) [Pub. L. 97–253], the amendments made by this section [amending this section and sections 1707a and 1732 of Title 7, Agriculture] shall be considered to have taken effect before the date of the enactment of that Act [

Sept. 8, 1982

].”

Continuation of Liability for 2004 and Earlier Crop Years

Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of Title 7, Agriculture.

Exceptions From Transfer of Functions

For exception of functions of corporations of Department of Agriculture from transfer of functions to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title.

Export Enhancement Program; Promotion of United States Meat Exports

Pub. L. 101–220, § 2,

Dec. 12, 1989

, 103 Stat. 1876, provided that:

“(a)

Commissaries.—

During each of fiscal years 1990, 1991, and 1992, the Commodity Credit Corporation shall, in carrying out the export enhancement program established pursuant to section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)), promote the export of United States meat, including poultry products, to commissaries on military installations in the European Community.

“(b)

Funding.—

“(1)

In general.—

Except as provided in paragraph (2), of the amounts made available by the Commodity Credit Corporation to exporters, processors, and foreign importers under the authority of section 5(f) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)) in commodities of the Commodity Credit Corporation to enhance the export of United States commodities by making the price of such commodities competitive in the world market, the Commodity Credit Corporation shall make available to carry out subsection (a) not less than $14,000,000 in funds or commodities for fiscal year 1990, not less than $9,300,000 in funds or commodities for fiscal year 1991, and not less than $4,600,000 in funds or commodities for fiscal year 1992.

“(2)

Transportation costs.—

Funds or commodities shall be made available under this section only to the extent that funds are made available by the Department of Defense for the costs of transporting the meat to the commissaries.

“(c)

Reimbursement of Corporation.—

Section 4 of the Act of July 16, 1943 (57 Stat. 566, chapter 241; 15 U.S.C. 713a [15 U.S.C. 713a–9]) shall not apply to services performed, losses sustained, operating costs incurred, or commodities purchased or delivered by the Commodity Credit Corporation pursuant to this section.”

Use of Commodity Credit Corporation for Purchase of Agricultural Products Formerly Intended for Export to Soviet Union

Pub. L. 96–494, title II, § 206,

Dec. 3, 1980

, 94 Stat. 2572, provided that:

“Notwithstanding any other provision of law, the Secretary of Agriculture may use, subject to such terms and conditions as the Secretary may deem appropriate, the funds, facilities, and authorities of the Commodity Credit Corporation in purchasing and handling agricultural products, other than grains, that—

“(1)

were intended to be exported to the Union of Soviet Socialist Republics under contracts entered into prior to

January 5, 1980

, but