Page:United States Statutes at Large Volume 95.djvu/1302

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 1276

PUBLIC LAW 97-98—DEC. 22, 1981

appropriate to obtain the elimination of an act, policy, or practice of a foreign country or instrumentality that results in— (A) substantial displacement of United States exports of agricultural commodites to foreign markets, or (B) prices for agricultural commodities in foreign markets materially below prices which suppliers of the same agricultural commodities produced in the United States must charge in order to supply such commodities to the same m£u*kets; (2) makes a determination that such act, policy, or practice of the foreign country or instrumentality concerned involves the use of export subsidies to encourage exports of such country's or instrumentality's agricultural commodities to foreign markets other than the United States; and (3) fails to reach a mutually acceptable resolution through consultation with the foreign country or instrumentality concerned. (c) The Secretary shall use the Commodity Credit Corporation in carrying out the special standby export subsidy program authorized by this section. (d) Notwithstanding any other provision of this section, the Secretary shall not implement the special standby export subsidy program for cotton. (e) The authority provided under this section shall be in addition to, and not in lieu of, any authority granted to the Secretary or the Commodity Credit Corporation by any other provision of law. AGRICULTURAL EMBARGO PROTECTION

7 USC 1736J.

SEC. 1204. Notwithstanding any other provision of law— (a) If the President or other member of the executive branch of the Federal Covernment causes the export of any agricultural commodity to any country or area of the world to be suspended or restricted for reasons of nationcQ security or foreign policy under the Export 50 USC app. 2401 Administration Act of 1979 or any other provision of law, and if such note. suspension or restriction of the export of such agricultural commodity is imposed other than in conn^ion with a suspension or restriction of all exports from the United States to such country or area of the world, and if sales of such agricultural commodity for export from the United States to such country or area of the world during the year preceding the year in which the suspension or restriction is imposed exceed 3 per centum of the total ssles of such commodity for export from the United States to all foreign countries during the year preceding the year in which the suspension or restriction is in effect, the Secretary of Agriculture shall compensate producers of the commodity involved by— (1) making payments available to such producers, as provided in subsection (b) of this section; (2) on the date on which the suspension or restriction is imposed, establishing the loan level for such commodity under 7 USC 1421 note. the Agricultural Act of 1949, if a loan program is in effect for the commodity, at 100 per centum of the parity price for the commodity, as determined by the Secretary on the date of the imposition of the suspension or restriction; or (3) undertaking any combination of the measures described in clauses (1) and (2) of this subsection.