§ 1641. — Availability of wheat for export; utilization of funds and facilities; prices; authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1641]
TITLE 7--AGRICULTURE
CHAPTER 39--STABILIZATION OF INTERNATIONAL WHEAT MARKET
Sec. 1641. Availability of wheat for export; utilization of
funds and facilities; prices; authorization of appropriations
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) \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.
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\1\ See References in Text note below.
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(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.)
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.
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'.''
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.
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.''
