105 STAT. 1828 PUBLIC LAW 102-237—DEC. 13, 1991 (3) by adding at the end the following new clause: "(iv) EXCEPTION.— The Secretary shall not issue marketing certificates or cash payments under clause (i) if, for the immediately preceding consecutive 10- week period, the Friday through Thursday average price quotation for the lowest priced United States growth, as quoted for Middling (M) one and three-thirty seconds inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under this subparagraph, exceeds the Northern Europe price by more than 1.25 cents per pound.". (b) PREVAILING WORLD MARKET PRICE. —Section 103B(a)(5)(C)(ii) (7 U.S.C. 1444-2(a)(5)(C)(ii)) is amended by striking "and (B)" and inserting ", (B), and (E)". SEC. 108. MALTING BARLEY. Section 105B (7 U.S.C. 1444f) is amended— (1) in subsection (e)(2)(G), by adding at the end the following Federal new sentence: "The Secretary shall make an annual determina- ^br *^t' ^^^^ °^ whether to exempt such producers from compliance with pu ica ion. ^j^y g^QYQQgQ limitation under this paragraph and shall announce such determination in the Federal Register."; and (2) by striking subsection (p) and inserting the following new subsection: " (p) MALTING BARLEY. — "(1) ASSESSMENT REQUIRED. — In order to help offset costs associated with deficiency payments made available under this section to producers of barley, the Secretary shall provide for an assessment for each of the 1991 through 1995 crop years to be levied on any producer of malting barley produced on a farm that is enrolled for the crop year in the production adjustment program under this section. The Secretary shall establish such assessment at not more than 5 percent of the value of the malting barley produced on program payment acres on the farm during each of the 1991 through 1995 crop years. The production per acre on which the assessment is based shall not be greater than the farm program payment yield. "(2) VALUE OF MALTING BARLEY. —The Secretary may establish the value of such malting barley at the lesser of the State or national weighted average market price received by producers of malting barley for the first 5 months of the marketing year. In calculating the State or national weighted average market price, the Secretary may exclude the value of malting barley that is contracted for sale by producers prior to planting. "(3) EXCEPTION TO ASSESSMENT. —In counties where malting barley is produced, participating barley producers may certify to the Secretary prior to computation of final deficiency pay- ments that part or all of the producer's production was (or will be) sold or used for nonmalting purposes. The portion certified as sold or used for nonmalting purposes shall not be subject to the assessment. The Secretary may require producers to provide to the Secretary such documentation as the Secretary considers appropriate to carry out this paragraph.". SEC. 109. DEFICIENCY PAYMENTS FOR WHEAT, BARLEY, AND OATS. Section 114(c) (7 U.S.C. 1445j(c)) is amended—
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