-CITE-

7 USC CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION

ADJUSTMENT 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

.

-HEAD-

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-MISC1-

Sec.

4001. Trade suspension reserves.

(a) Gasohol feedstock or food security reserves;

establishment.

(b) Announcement of intention to establish reserves;

contents.

(c) Acquisition of suitable agricultural commodities;

payment of transportation and storage costs;

disposition of acquired commodities.

(d) Acquisition of agricultural commodities suitable

for providing emergency food assistance.

(e) Use of Commodity Credit Corporation funds,

facilities, and authorities.

(f) Safeguards for protection of free market.

(g) Replenishment of reserves with replacement stocks

prohibited.

(h) Effective date.

4002. Alcohol processor grain reserve program.

(a) Definitions.

(b) Loans on stored grain; processors eligible.

(c) Terms and conditions of processor grain reserve

program and producer storage program.

(d) Amount of loan.

(e) Replacement of removed grain.

(f) Purposes for which grain to be used.

(g) Terms and conditions of loan; security;

nonrecourse loans.

(h) Payment for cost of storage; repayment of loans.

(i) Announcement of terms and conditions of program.

(j) Use of Commodity Credit Corporation facilities.

(k) Authorization of appropriations; appropriation

acts as determining amount and extent of loans;

expiration of authority to make loans.

4003. Study of potential for expansion of United States

agricultural export markets; report to President and Congress.

4004. Food bank special nutrition projects.

(a) Distribution of agricultural commodities to

community food banks for emergency

distribution; availability of agricultural

commodities; use of currently used

distributorship systems; selection of food

banks.

(b) Application by food bank; recordkeeping and

internal procedures.

(c) Quantities and types of agricultural commodities;

regulations for designation of eligible

participants.

(d) Report to Congress; contents; recommendations.

(e) Sale of food prohibited; fines and penalties.

(f) Paperwork minimization and encouragement of

participation.

(g) Authorization of appropriations.

4004a. Applicability of food stamp requirements.

4005. ''Fuel conversion price'' defined.

-CITE-

7 USC Sec. 4001 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4001. Trade suspension reserves

-STATUTE-

Notwithstanding any other provision of law -

(a) Gasohol feedstock or food security reserves; establishment

Whenever the President or other member of the executive branch of

Government causes the export of any agricultural commodity to any

country or area of the world to be suspended or restricted for

reasons of national security or foreign policy under the Export

Administration Act of 1979 (50 App. U.S.C. 2401 et seq.) or any

other provision of law and the Secretary of Agriculture determines

that such suspension or restriction will result in a surplus supply

of such commodity that will adversely affect prices producers

receive for the commodity, the Secretary may establish a gasohol

feedstock reserve or a food security reserve, or both, of the

commodity, as provided in subsections (c) and (d) of this section,

if the commodity is suitable for stockpiling in a reserve.

(b) Announcement of intention to establish reserves; contents

Within thirty days after the export of any agricultural commodity

to a country or area is suspended or restricted as described in

subsection (a) of this section, the Secretary of Agriculture shall

announce whether a gasohol feedstock reserve or a food security

reserve of the commodity, or both, will be established under this

section and shall include in such announcement the amount of the

commodity that will be placed in such reserves, which shall be that

portion of the estimated exports of the commodity affected by the

suspension or restriction, as determined by the Secretary, that

should be removed from the market to prevent the accumulation of a

surplus supply of the commodity that will adversely affect prices

producers receive for the commodity.

(c) Acquisition of suitable agricultural commodities; payment of

transportation and storage costs; disposition of acquired

commodities

(1) To establish a gasohol feedstock reserve under this section,

the Secretary of Agriculture may acquire agricultural commodities

(the export of which is suspended or restricted as described in

subsection (a) of this section) that are suitable for use in the

production of alcohol for motor fuel through purchases from

producers or in the market and by designation by the Secretary of

stocks of the commodities held by the Commodity Credit Corporation,

and to pay such storage, transportation, and related costs as may

be necessary to permit maintenance of the commodities in the

reserve for the purposes of this section and disposition of the

commodities as provided in paragraph (2) of this subsection.

(2) The Secretary of Agriculture may dispose of stocks of

agricultural commodities acquired under paragraph (1) of this

subsection only through sale -

(A) for use in the production of alcohol for motor fuel, at not

less than the fuel conversion price (as defined in section 4005

of this title) for the commodity involved: Provided, That, for

wheat and feed grains, if the fuel conversion price for the

commodity involved is less than the then current release price at

which producers may repay producer storage loans on the commodity

and redeem the commodity prior to the maturity dates of the

loans, as determined under clause (5) of the third sentence of

section 1445e(b) (FOOTNOTE 1) of this title, the Secretary may

dispose of stocks of the commodity for such use only through sale

at not less than the release price: Provided further, That such

sales shall only be made to persons for use in the production of

alcohol for motor fuel at facilities that, whenever supplies of

the commodity are not readily available, can produce alcohol from

other agricultural or forestry biomass feedstocks; or

(FOOTNOTE 1) See References in Text note below.

(B) for any other use, when sales for use under clause (A) of

this paragraph are impracticable, (i) if there is a producer

storage program in effect for the commodity, at not less than 110

per centum of the then current level at which the Secretary may

encourage repayment of producer storage loans on the commodity

prior to the maturity dates of the loans, as determined under

clause (5) of the third sentence of section 1445e(b) (FOOTNOTE 1)

of this title, or, (ii) if there is no producer storage program

in effect for the commodity, at not less than the average market

price producers received for the commodity at the time the trade

suspension was imposed.

(d) Acquisition of agricultural commodities suitable for providing

emergency food assistance

(1) To establish a food security reserve under this section, the

Secretary of Agriculture may acquire agricultural commodities (the

export of which is suspended or restricted as described in

subsection (a) of this section) that are suitable for use in

providing emergency food assistance and urgent humanitarian relief

through purchases from producers or in the market and by

designation by the Secretary of stocks of the commodities held by

the Commodity Credit Corporation, and to pay such storage,

transportation, and related costs as may be necessary to permit

maintenance of the commodities in the reserve for the purposes of

this section and disposition of the commodities as provided in

paragraph (2) of this subsection.

(2) Applicability of certain provisions. - Subsections (c), (d),

(e), and (f)(2) of section 1736f-1 of this title shall apply to

commodities in any reserve established under paragraph (1), except

that the references to ''eligible commodities'' in the subsections

shall be deemed to be references to ''agricultural commodities''.

(3) Any determination by the President or the Secretary of

Agriculture under this section shall be final.

(e) Use of Commodity Credit Corporation funds, facilities, and

authorities

The funds, facilities, and authorities of the Commodity Credit

Corporation shall be used by the Secretary of Agriculture in

carrying out this section, except that any restriction applicable

to the acquisition, storage, or disposition of Commodity Credit

Corporation owned or controlled commodities shall not apply with

respect to the acquisition, storage, or disposition of agricultural

commodities under this section.

(f) Safeguards for protection of free market

The Secretary of Agriculture shall establish safeguards to ensure

that stocks of agricultural commodities held in the reserves

established under this section shall not be used in any manner or

under any circumstance to unduly depress, manipulate, or curtail

the free market.

(g) Replenishment of reserves with replacement stocks prohibited

Whenever stocks of agricultural commodities are disposed of or

released from reserves established under this section, as provided

in subsections (c)(2) and (d)(2) of this section, the reserves may

not be replenished with replacement stocks.

(h) Effective date

The provisions of this section shall become effective with

respect to any suspension of, or restriction on, the export of

agricultural commodities, as described in subsection (a) of this

section, implemented after December 3, 1980.

-SOURCE-

(Pub. L. 96-494, title II, Sec. 208, Dec. 3, 1980, 94 Stat. 2573;

Pub. L. 97-98, title X, Sec. 1004, Dec. 22, 1981, 95 Stat. 1260;

Pub. L. 104-127, title II, Sec. 225(b), Apr. 4, 1996, 110 Stat.

962; Pub. L. 105-385, title II, Sec. 212(b)(4), Nov. 13, 1998, 112

Stat. 3467.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of the

Appendix to Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2401 of the Appendix to Title 50 and Tables.

Section 1445e of this title, referred to in subsec. (c)(2), was

amended generally by Pub. L. 101-624, title XI, Sec. 1123, Nov. 28,

1990, 104 Stat. 3503, and, as so amended, subsec. (b) of section

1445e does not contain a clause (5).

-MISC2-

AMENDMENTS

1998 - Subsec. (d)(2). Pub. L. 105-385 made technical amendment

to reference in original act which appears in text as reference to

section 1736f-1 of this title.

1996 - Subsec. (d)(2). Pub. L. 104-127 added par. (2) and struck

out former par. (2) which read as follows: ''The provisions of

subsections (c), (d), (e), (f), and (g)(2) of section 1736f-1 of

this title shall apply to commodities in any reserve established

under paragraph (1) of this subsection, and (except for the last

sentence of subsection (c) of section 1736f-1 of this title) the

references to 'wheat' in such subsections of section 1736f-1 of

this title shall be deemed to be references to 'agricultural

commodities'.''

1981 - Subsec. (c)(2)(A). Pub. L. 97-98, Sec. 1004(1),

substituted ''third sentence'' for ''second sentence''.

Subsec. (c)(2)(B)(i). Pub. L. 97-98, Sec. 1004(2), substituted

''110 per centum'' for ''105 per centum'', ''Secretary may

encourage repayment'' for ''Secretary may call for repayment'', and

''clause (5) of the third sentence'' for ''clause (6) of the second

sentence''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by 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.

EFFECTIVE DATE

Section 213 of title II of Pub. L. 96-494 provided that: ''Except

as otherwise provided herein, this title (enacting this chapter and

section 1445h of this title, amending sections 1444c, 1445b, 1445e,

and 1446 of this title, and enacting provisions set out as notes

under this section, sections 1445e and 1445h of this title, and

section 714c of Title 15, Commerce and Trade) shall become

effective October 1, 1980, or the date of enactment (Dec. 3, 1980),

whichever is later.''

SHORT TITLE

Section 1 of Pub. L. 96-494 provided: ''That this Act (enacting

this chapter and sections 1445h and 1736f-1 of this title, amending

sections 608c, 1444c, 1445b, 1445e, and 1446 of this title, and

enacting provisions set out as notes under this section, sections

1445e, 1445h, and 1736f-1 of this title, and section 714c of Title

15, Commerce and Trade) may be cited as the 'Agricultural Act of

1980'.''

Section 201 of title II of Pub. L. 96-494 provided that: ''This

title (enacting this chapter and section 1445h of this title,

amending sections 1444c, 1445b, 1445e, and 1446 of this title, and

enacting provisions set out as notes under this section, sections

1445e and 1445h of this title, and section 714c of Title 15,

Commerce and Trade) may be cited as the 'Agricultural Trade

Suspension Adjustment Act of 1980'.''

-CITE-

7 USC Sec. 4002 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4002. Alcohol processor grain reserve program

-STATUTE-

(a) Definitions

As used in this section -

(1) The term ''Secretary'' means the Secretary of Agriculture.

(2) The term ''processor'' means any person engaged within the

United States in the business of manufacturing grain into alcohol

for use as a fuel either by itself or in combination with some

other product.

(3) The terms ''agricultural grain'' and ''grain'' mean any

agricultural commodity (A) that is suitable for processing into

alcohol for use as a fuel, and (B) with respect to which a price

support operation is in effect.

(4) The term ''producer storage program'' means the producer

storage program provided for under section 1445e (FOOTNOTE 1) of

this title.

(FOOTNOTE 1) See References in Text note below.

(5) The term ''small scale biomass energy project'' shall have

the same meaning as defined in section 8802(19) of title 42.

(b) Loans on stored grain; processors eligible

To assist processors in obtaining a dependable supply of grain at

reasonable prices, the Secretary may formulate and administer a

program under which processors purchasing and storing grain needed

by them for manufacturing into alcohol for use as a fuel may obtain

a loan from the Secretary on such grain. Loans under this section

may be made available only to processors that (1) operate small

scale biomass energy projects financed in whole or in part by the

United States Government or any agency thereof, and (2) as

determined by the Secretary, are otherwise unable to obtain a

dependable supply of grain at reasonable prices for use in such

projects.

(c) Terms and conditions of processor grain reserve program and

producer storage program

Except as otherwise provided in this section, loans made under

this section to carry out the processor grain reserve program may

be made on the same terms and conditions as loans made to carry out

the producer storage program.

(d) Amount of loan

The amount of the loan that the Secretary may make to an eligible

processor at any time on any quantity of grain purchased by the

processor shall be determined by multiplying the price support loan

rate in effect for such grain at the time the loan is made times

the quantity of grain purchased by the processor. The quantity of

grain on which one or more loans may be outstanding at any time in

the case of any processor may not exceed the estimated quantity of

grain needed by such processor for one year of operation.

(e) Replacement of removed grain

Whenever any quantity of grain stored in the processor grain

reserve under this section is removed from storage by a processor,

the processor may be required to replace such grain with an equal

quantity, within such period of time as the Secretary shall

prescribe by regulation, or repay that portion of the loan

represented by the quantity of grain removed from storage.

(f) Purposes for which grain to be used

Grain on which an eligible processor has received a loan under

this section may not be used for any purpose other than the

manufacture of alcohol for use as a fuel, and the Secretary shall

establish such safeguards as the Secretary deems necessary to

assure that such grain is not used for any other purpose and is not

used in any manner that would unduly depress, manipulate, or

curtail the free market in such grain.

(g) Terms and conditions of loan; security; nonrecourse loans

Loans made under this section shall be made subject to such terms

and conditions and subject to such security as the Secretary deems

appropriate, except that such loans may not be made as nonrecourse

loans.

(h) Payment for cost of storage; repayment of loans

In carrying out the processor grain reserve program under this

section, the Secretary may -

(1) provide for the payment to processors of such amounts as

the Secretary determines appropriate to cover the cost of storing

grain held in the processor grain reserve, except that in no

event may the rate of the payment paid under this clause for any

period exceed the rate paid by the Secretary under the producer

storage program for the same period; and

(2) prescribe conditions under which the Secretary may require

processors to repay loans made under this section, plus accrued

interest thereon, refund amounts paid to the processors for

storage, and require the processors to pay such additional

interest and other charges as may be required by regulation in

the event any processor fails to abide by the terms and

conditions of the loan or any regulation prescribed under this

section.

(i) Announcement of terms and conditions of program

The Secretary shall announce the terms and conditions of the

processor grain reserve program as far in advance of making loans

as practicable.

(j) Use of Commodity Credit Corporation facilities

The Secretary may use the facilities of the Commodity Credit

Corporation to carry out this section.

(k) Authorization of appropriations; appropriation acts as

determining amount and extent of loans; expiration of authority

to make loans

There are authorized to be appropriated such sums as may be

necessary to carry out this section. Any loans made under this

section shall be made to such extent and such amounts as provided

in appropriation Acts. The authority to make loans under this

section shall expire five years after December 3, 1980.

-SOURCE-

(Pub. L. 96-494, title II, Sec. 209, Dec. 3, 1980, 94 Stat. 2575.)

-REFTEXT-

REFERENCES IN TEXT

The producer storage program provided for under section 1445e of

this title, referred to in subsec. (a)(4), refers to section 1445e

prior to the general amendment of such section by Pub. L. 101-624,

title XI, Sec. 1123, Nov. 28, 1990, 104 Stat. 3503. As amended,

section 1445e now provides for a farmer owned reserve program.

-CITE-

7 USC Sec. 4003 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4003. Study of potential for expansion of United States

agricultural export markets; report to President and Congress

-STATUTE-

(a) The Secretary of Agriculture, in consultation with the United

States Trade Representative and any other appropriate agency of the

United States Government as determined by the Secretary, shall

perform a study of the potential for expansion of United States

agricultural export markets and the use of agricultural exports in

obtaining natural resources or other commodities and products

needed by the United States. The Secretary shall complete the study

and submit to the President and Congress a report on the study

before June 30, 1981.

(b) In performing the study, the Secretary shall determine for

the next five years -

(1) world food, feed, and fiber needs;

(2) estimated United States and world food, feed, and fiber

production capabilities;

(3) potential new or expanded foreign markets for United States

agricultural products;

(4) the potential for the development of international

agreements for the exchange of United States agricultural

products for natural resources, including energy sources, or

other commodities and products needed by the United States; and

(5) the steps that the United States must take to (A) increase

agricultural export trade, and (B) obtain needed natural

resources or other commodities and products in exchange for

agricultural products, to the maximum extent feasible.

-SOURCE-

(Pub. L. 96-494, title II, Sec. 210, Dec. 3, 1980, 94 Stat. 2576.)

-CITE-

7 USC Sec. 4004 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4004. Food bank special nutrition projects

-STATUTE-

(a) Distribution of agricultural commodities to community food

banks for emergency distribution; availability of agricultural

commodities; use of currently used distributorship systems;

selection of food banks

The Secretary of Agriculture shall carry out special nutrition

projects to provide agricultural commodities and other foods that

might not otherwise be used, or might be more effectively used by

organizations assisted under this section, to community food banks

for emergency food box distribution to needy individuals and

families. Notwithstanding any other provisions of law, the

Secretary shall make available for purposes of such special

nutrition projects, agricultural commodities and other foods

available to the Secretary under section 1431 of this title,

section 1446a-1 of this title, and section 612c of this title. For

purpose of distributing agricultural commodities and other foods to

community food banks under this section, the Secretary may, in

consultation with State agencies, use food distribution systems

currently used to distribute agricultural commodities and other

foods under the Richard B. Russell National School Lunch Act (42

U.S.C. 1751 et seq.) and Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.). The Secretary shall select food banks, in

consultation with the Director of the Community Services

Administration, for participation in the special nutrition projects

under this section. Food banks shall be selected for participation

so as to ensure adequate geographic distribution of emergency food

box programs in at least two but not more than seven Department of

Agriculture regions.

(b) Application by food bank; recordkeeping and internal procedures

(1) No food bank may participate in the special nutrition

projects conducted under this section unless an application

therefor is submitted to and approved by the Secretary. Such

application shall be submitted in such form and manner and shall

contain such information as the Secretary shall prescribe.

(2) Each food bank participating in the special nutrition

projects under this section shall establish a recordkeeping system

and internal procedures to monitor the use of agricultural

commodities and other foods provided under this section. The

Secretary shall develop standards by which the feasibility and

effectiveness of the projects shall be measured, and shall conduct

an ongoing review of the effectiveness of the projects.

(c) Quantities and types of agricultural commodities; regulations

for designation of eligible participants

The Secretary shall determine the quantities and types of

agricultural commodities and other foods to be made available under

this section. The Secretary may prescribe regulations regarding

the designation of eligible participants in the projects and any

other regulations necessary to carry out this section.

(d) Report to Congress; contents; recommendations

The Secretary shall submit to Congress a progress report on July

1, 1983, and a final report on January 1, 1984, regarding the

special nutrition projects carried out under this section. Such

report shall include an analysis and evaluation of Federal

participation in food bank emergency food programs, the

effectiveness of such participation, and the feasibility of

continuing such participation. The Secretary shall also include in

such report any recommendations regarding improvements in Federal

assistance to community food banks, including assistance for

administrative expenses and transportation.

(e) Sale of food prohibited; fines and penalties

The sale of food provided under this section shall be prohibited

and any person who receives any remuneration in exchange for food

provided under this section shall be subject to a fine of not more

than $1,000 or imprisonment for not more than six months, or both.

(f) Paperwork minimization and encouragement of participation

The Secretary shall minimize paperwork requirements placed on

food banks which participate in the special nutrition projects

established under this section and shall otherwise encourage food

banks to participate in such projects.

(g) Authorization of appropriations

There is authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 96-494, title II, Sec. 211, Dec. 3, 1980, 94 Stat. 2577;

Pub. L. 97-98, title XI, Sec. 1114(b), Dec. 22, 1981, 95 Stat.

1269; Pub. L. 106-78, title VII, Sec. 752(b)(4), Oct. 22, 1999, 113

Stat. 1169.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 1751 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1751 of Title 42 and Tables.

The Child Nutrition Act of 1966, referred to in subsec. (a), is

Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 et seq.) of Title

42. For complete classification of this Act to the Code, see Short

Title note set out under section 1771 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-78 substituted ''Richard B.

Russell National School Lunch Act'' for ''National School Lunch

Act''.

1981 - Subsecs. (a), (b). Pub. L. 97-98, Sec. 1114(b)(1),

substituted ''special nutrition projects'' for ''demonstration

projects'' wherever appearing.

Subsec. (d). Pub. L. 97-98, Sec. 1114(b)(2), (3), substituted

''to Congress a progress report on July 1, 1983, and a final report

on January 1, 1984'' for ''a report to Congress on October 1,

1982'' and ''special nutrition projects'' for ''demonstration

projects''.

Subsecs. (f), (g). Pub. L. 97-98, Sec. 1114(b)(4), (5), added

subsec. (f), redesignated former subsec. (f) as (g), and

substituted ''such sums as may be necessary to carry out this

section'' for ''to carry out this section $356,000''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by 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.

-TRANS-

COMMUNITY SERVICES ADMINISTRATION

Community Services Administration, which was established by

section 601 of Economic Opportunity Act of 1964, as amended (42

U.S.C. 2941), terminated when Economic Opportunity Act of 1964,

Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, was

repealed, except for titles VIII and X, effective Oct. 1, 1981, by

section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat.

519, which is classified to 42 U.S.C. 9912(a). An Office of

Community Services, headed by a Director, was established in the

Department of Health and Human Services by section 676 of Pub. L.

97-35, which is classified to 42 U.S.C. 9905.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431e, 4004a of this

title.

-CITE-

7 USC Sec. 4004a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4004a. Applicability of food stamp requirements

-STATUTE-

Section 2013(b) of this title shall not apply with respect to

distribution of surplus commodities under section 4004 of this

title.

-SOURCE-

(Pub. L. 97-98, title XI, Sec. 1114(d), Dec. 22, 1981, 95 Stat.

1269.)

-COD-

CODIFICATION

Section was enacted as part of the Agriculture and Food Act of

1981, and not as part of the Agricultural Act of 1980 which

comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 4005 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 71 - AGRICULTURAL TRADE SUSPENSION ADJUSTMENT

-HEAD-

Sec. 4005. ''Fuel conversion price'' defined

-STATUTE-

As used in this chapter, the phrase ''fuel conversion price''

means the price for an agricultural commodity determined by the

Secretary of Agriculture that will permit gasoline-alcohol mixtures

using alcohol produced from the commodity to be competitive in

price with unleaded gasoline priced at the point it leaves the

refinery, adjusted for differences in octane rating, taking into

consideration the energy value of the commodity and other

appropriate values designed to represent, on a national average

basis, the value of byproducts also recoverable from the commodity;

the direct costs and capital recovery costs for a grain alcohol

distillery capable of producing forty million gallons of alcohol

and recovering byproducts annually; and Federal tax and other

Federal incentives applicable to alcohol used for fuel.

-SOURCE-

(Pub. L. 96-494, title II, Sec. 212, Dec. 3, 1980, 94 Stat. 2578.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 96-494, Dec. 3, 1980, 94 Stat.

2570, as amended, which enacted this chapter and section 1445h of

this title, amended sections 1444c, 1445b, 1445e, and 1446 of this

title, and enacted provisions set out as notes under sections

1445e, and 1445h and 4001 of this title and section 714c of Title

15, Commerce and Trade. For complete classification of title II to

the Code, see Short Title note set out under section 4001 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4001 of this title.

-CITE-