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7 USC CHAPTER 39 - STABILIZATION OF INTERNATIONAL WHEAT

MARKET 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 39 - STABILIZATION OF INTERNATIONAL WHEAT MARKET

.

-HEAD-

CHAPTER 39 - STABILIZATION OF INTERNATIONAL WHEAT MARKET

-MISC1-

Sec.

1641. Availability of wheat for export; utilization of funds and

facilities; prices; authorization of appropriations.

1642. Enforcement by President.

(a) Rules or regulations.

(b) Reports; keeping and examination of books and

records.

(c) Penalty for violation.

(d) Forfeiture for excessive exports or imports.

(e) Jurisdiction and venue of actions; remedies,

fines, and forfeitures as additional.

(f) Delegation of authority.

(g) Authorization of appropriations.

(h) Use of funds.

(i) Exclusion from Administrative Procedure Act.

(j) ''Person'' defined.

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7 USC Sec. 1641 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 39 - STABILIZATION OF INTERNATIONAL WHEAT MARKET

-HEAD-

Sec. 1641. Availability of wheat for export; utilization of funds

and facilities; prices; authorization of appropriations

-STATUTE-

The President is authorized, acting through the Commodity Credit

Corporation, to make available or cause to be made available,

notwithstanding the provisions of any other law, such quantities of

wheat and wheat-flour and at such prices as are necessary to

exercise the rights, obtain the benefits, and fulfill the

obligations of the United States under the International Wheat

Agreement of 1949 signed by Australia, Canada, France, the United

States, Uruguay, and certain wheat importing countries, along with

the agreements signed by the United States and certain other

countries revising and renewing such agreement of 1949 for periods

through July 31, 1965 (hereinafter collectively called the

''International Wheat Agreement''). Nothing in this chapter shall

be construed to preclude the Secretary of Agriculture, in carrying

out programs to encourage the exportation of agricultural

commodities and products thereof pursuant to section 612c of this

title, from utilizing funds available for such programs in such

manner as, either separately or jointly with the Commodity Credit

Corporation, to exercise the rights, obtain the benefits, and

fulfill all or any part of the obligations of the United States

under the International Wheat Agreement or to preclude the

Commodity Credit Corporation in otherwise carrying out wheat and

wheat-flour export programs as authorized by law. Nothing

contained in this chapter shall limit the duty of the Commodity

Credit Corporation to the maximum extent practicable consistent

with the fulfillment of the Corporation's purposes and the

effective and efficient conduct of its business to utilize the

usual and customary channels, facilities, and arrangements of trade

and commerce in making available or causing to be made available

wheat and wheat-flour under this chapter. The pricing provisions

of section 1510(e) (FOOTNOTE 1) of title 22 and section 713a-9 of

title 15, shall not be applicable to domestic wheat and wheat-flour

supplied to countries which are parties to the International Wheat

Agreement and credited to their guaranteed purchases thereunder on

and after August 1, 1949, and up to and including June 30, 1950.

Where prices in excess of the International Wheat Agreement prices

have been paid for such wheat and wheat-flour financed by the

Economic Cooperation Administration on or after August 1, 1949, and

up to and including June 30, 1950, the Secretary of Agriculture or

Commodity Credit Corporation is authorized to reimburse the

Economic Cooperation Administration for such excess amounts. Funds

realized from such reimbursement shall revert to the respective

appropriation or appropriations from which funds were expended for

the procurement of such wheat and wheat-flour. There are

authorized to be appropriated such sums as may be necessary to make

payments to the Commodity Credit Corporation of its estimated or

actual net costs of carrying out its functions hereunder. Such net

costs in connection with the International Wheat Agreement, 1959,

shall include those with respect to all transactions which qualify

as commercial purchases (as defined in such agreement) from the

United States by importing member countries. Such net costs in

connection with the International Wheat Agreement, 1962, shall

include those with respect to all transactions which qualify as

commercial purchases (as defined in such agreement) from the United

States by member and provisional member importing countries,

including transactions entered into prior to the deposit of

instruments of acceptance or accession by any of the countries

involved, if the loading period is not earlier than the date the

agreement enters into force. The Commodity Credit Corporation is

authorized in carrying out its functions under this chapter to

utilize, in advance of such appropriations or payments, any assets

available to it.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Oct. 27, 1949, ch. 772, Sec. 2, 63 Stat. 945; Aug. 1, 1953, ch.

306, Sec. 1, 67 Stat. 358; Aug. 3, 1956, ch. 911, Sec. 1, 70 Stat.

966; Pub. L. 86-336, Sept. 21, 1959, 73 Stat. 600; Pub. L. 87-632,

Sept. 5, 1962, 76 Stat. 434.)

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REFERENCES IN TEXT

Section 1510 of title 22, referred to in text, was repealed by

act Aug. 26, 1954, ch. 937, title V, Sec. 542(a), 68 Stat. 861.

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AMENDMENTS

1962 - Pub. L. 87-632 extended authority of President to act

under wheat agreements revising and renewing the Agreement of 1949

for periods through July 31, 1965, included within the net costs

connected with the International Wheat Agreement of 1962, those

with respect to commercial purchases from the United States by

member and provisional member importing countries, including

transactions entered into prior to deposit of instruments of

acceptance or accession, if the loading period is not earlier than

the date the agreement enters force.

1959 - Pub. L. 86-336 authorized this chapter to be used to

implement the 1959 agreement and provided that net costs in

connection with the 1959 agreement include those with respect to

all transactions which qualify as commercial purchases from the

United States by importing member countries.

1956 - Act Aug. 3, 1956, permitted this chapter to be used to

implement the new agreement ratified on July 11, 1956.

1953 - Act Aug. 1, 1953, permitted this chapter to be used to

implement the new agreement ratified on July 14, 1953.

SHORT TITLE

Section 1 of act Oct. 27, 1949, provided that: ''This Act

(enacting this chapter) shall be known as the 'International Wheat

Agreement Act of 1949'.''

-TRANS-

TRANSFER OF FUNCTIONS

Economic Cooperation Administration abolished by act Oct. 10,

1951, ch. 479, 65 Stat. 373. Its functions are exercised by Agency

for International Development. See section 2381 of Title 22,

Foreign Relations and Intercourse.

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

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REFERENCES TO INTERNATIONAL WHEAT AGREEMENT OF 1949

Section 2 of act Aug. 3, 1956, provided that: ''Reference in any

law to the International Wheat Agreement of 1949 shall be deemed to

include the Agreement (International Wheat Agreement, 1956)

revising and renewing the International Wheat Agreement for a

period ending July 31, 1959.''

Section 2 of act Aug. 1, 1953, provided that: ''Reference in any

law to the International Wheat Agreement of 1949 shall be deemed to

include the agreement revising and renewing the International Wheat

Agreement.''

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7 USC Sec. 1642 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 39 - STABILIZATION OF INTERNATIONAL WHEAT MARKET

-HEAD-

Sec. 1642. Enforcement by President

-STATUTE-

(a) Rules or regulations

The President is further authorized to take such other action,

including prohibiting or restricting the importation or exportation

of wheat or wheat-flour and to issue such rules or regulations

which shall have the force and effect of law, as may be necessary

in his judgment in the implementation of the International Wheat

Agreement.

(b) Reports; keeping and examination of books and records

All persons exporting or importing wheat or wheat-flour or

selling wheat or wheat-flour for export shall report to the

President such information as he may from time to time require and

keep such records as he finds to be necessary to enable him to

carry out the purposes of this chapter. Such information shall be

reported and such records shall be kept in accordance with such

regulations as the President may prescribe. For the purposes of

ascertaining the correctness of any report made or record kept, or

of obtaining information required to be furnished in any report,

but not so furnished, the President is authorized to examine such

books, papers, records, accounts, correspondence, contracts,

documents, and memoranda as are relevant to transactions under the

International Wheat Agreement and are within the control of any

such person.

(c) Penalty for violation

Any person failing to make any report or keep any record as

required by or pursuant to this section, or making any false report

or record or knowingly violating any rule or regulation of the

President issued pursuant to this section shall be deemed guilty of

a misdemeanor and upon conviction thereof shall be subject to a

fine of not more than $1,000 for each violation.

(d) Forfeiture for excessive exports or imports

Any person who knowingly and willfully exports wheat or

wheat-flour from the United States, or who knowingly and willfully

imports wheat or wheat-flour into the United States for consumption

therein, in excess of the quantity of wheat or wheat-flour

permitted to be exported or imported, as the case may be, under

regulations issued by the President shall forfeit to the United

States a sum equal to two times the market value at the time of the

commission of any such act, of the quantity of wheat or wheat-flour

by which any such exportation or importation exceeds the authorized

amount which forfeiture shall be recoverable in a civil suit

brought in the name of the United States.

(e) Jurisdiction and venue of actions; remedies, fines, and

forfeitures as additional

The district courts of the United States shall have jurisdiction

of violations of this chapter or the rules and regulations

thereunder, and of all suits in equity and actions at law brought

to enforce any liability or duty created by this chapter or the

rules and regulations thereunder. Any criminal proceeding may be

brought in the district wherein any act or transaction constituting

the violation occurred. Any suit or action to enforce any

liability or duty created by this chapter or rules and regulations

thereunder, or to enjoin any violation of such chapter or rules and

regulations, may be brought in any such district wherein the

defendant is found or is a resident or transacts business. The

remedies, fines, and forfeitures provided for in this chapter shall

be in addition to, and not exclusive of, any of the remedies,

fines, and forfeitures under existing law.

(f) Delegation of authority

Any power, authority, or discretion conferred on the President by

this chapter may be exercised through such department, agency, or

officer of the Government as the President may direct, and shall be

exercised in conformity with such rules or regulations as he may

prescribe.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this section, including

the necessary expenses and contributions of the United States in

connection with the administration of the International Wheat

Agreement.

(h) Use of funds

Funds appropriated under authority of this chapter may be used

for the purchase or hire of passenger motor vehicles, for printing

and binding, for rent and personal services in the District of

Columbia and elsewhere without regard to the limitation contained

in section 607(g) of the Federal Employees Pay Act of 1945, as

amended (5 U.S.C. 947(g)), (FOOTNOTE 1) and for the employment of

experts or consultants or organization thereof, on a temporary

basis, by contract or otherwise, without regard to chapter 51 and

subchapter III of chapter 53 of title 5, at rates not in excess of

$50 per diem.

(FOOTNOTE 1) See References in Text note below.

(i) Exclusion from Administrative Procedure Act

The functions exercised under authority of this chapter shall be

excluded from the operation of the Administrative Procedure Act (60

Stat. 237) except as to the requirements of sections 3 and 10

thereof.

(j) ''Person'' defined

The term ''person'' as used in this section shall include the

singular and the plural and any individual, partnership,

corporation, association, or any other organized group of persons.

-SOURCE-

(Oct. 27, 1949, ch. 772, Sec. 3, 63 Stat. 946; Oct. 28, 1949, ch.

782, title II, Sec. 202(27), title XI, Sec. 1106(a), 63 Stat. 956,

972.)

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REFERENCES IN TEXT

Section 607(g) of the Federal Employees Pay Act of 1945, as

amended, referred to in subsec. (h), was repealed by act Sept. 12,

1950, ch. 946, title III, Sec. 301 (85), 64 Stat. 843.

The Administrative Procedure Act, referred to in subsec. (i), is

act June 11, 1946, ch. 324, 60 Stat. 237, as amended, which was

repealed and reenacted as subchapter II of chapter 5, and chapter

7, of Title 5, Government Organization and Employees, by Pub. L.

89-554, Sept. 6, 1966, 80 Stat. 378, which enacted Title 5.

Sections 3 and 10 thereof are covered by section 552 and chapter 7,

respectively, of Title 5.

-COD-

CODIFICATION

The words ''and the District Court of the United States for the

District of Columbia'' in subsection (e) following ''district

courts of the United States'' have been deleted as superfluous in

view of section 132 (a) of Title 28, Judiciary and Judicial

Procedure, which states that ''There shall be in each judicial

district a district court which shall be a court of record known as

the United States District Court for the district'', and section 88

of said Title 28 which states that ''The District of Columbia

constitutes one judicial district''.

In subsec. (h), ''chapter 51 and subchapter III of chapter 53 of

title 5'' was substituted for ''the Classification Act of 1949'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

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AMENDMENTS

1949 - Subsec. (h). Act Oct. 28, 1949, substituted

''Classification Act of 1949'' for ''Classification Act (of

1923)''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-EXEC-

EXECUTIVE ORDER NO. 11108

Ex. Ord. No. 11108, May 22, 1963, 28 F.R. 5185, which delegated

to Secretary of Agriculture authority of President under this

chapter, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.

7237.

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