
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5671]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 87--EXPORT PROMOTION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 5671. Agricultural embargo protection


(a) Prerequisites; scope of compensation

    Notwithstanding any other provision of law, if--
        (1) the President or other member of the executive branch of the 
    Federal 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 U.S.C. App. 2401 et seq.) or under 
    any other provision of law;
        (2) such suspension or restriction of the export of such 
    agricultural commodity is imposed other than in connection with a 
    suspension or restriction of all exports from the United States to 
    such country or area of the world; and
        (3) 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 
    exceeds 3 percent of the total sales 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 shall compensate producers of the commodity involved by 
making payments available to such producers, as provided in subsection 
(b) of this section.

(b) Amount of payments

    If the Secretary makes payments available to producers under 
subsection (a) of this section, the amount of such payment shall be 
determined--
        (1) in the case of an agricultural commodity for which payments 
    are authorized to be made to producers under Title I of the 
    Agricultural Act of 1949 (7 U.S.C. 1441 et seq.), by multiplying--
            (A) the farm program payment yield for the producer or the 
        yield established for the farm for the commodity involved; by
            (B) the crop acreage base established for the commodity; by
            (C) the amount by which the average market price per unit of 
        such commodity received by producers during the 60-day period 
        immediately following the date of the imposition of the 
        suspension or restriction is less than 100 percent of the parity 
        price for such commodity, as determined by the Secretary on the 
        date of the imposition of the suspension or restriction; or

        (2) in the case of other agricultural commodities for which 
    price support is authorized for producers under the Agricultural Act 
    of 1949 (7 U.S.C. 1421 et seq.), by multiplying the amount by which 
    the average market price per unit of such commodity received by the 
    producers during the 60-day period immediately following the date of 
    the imposition of the suspension or restriction is less than 100 
    percent of the parity price for such commodity, as determined by the 
    Secretary on the date of the imposition of the suspension or 
    restriction, by the quantity of such commodity sold by the producer 
    during the period that the suspension or restriction is in effect.

(c) Time for payments

    Payments under paragraph (1) of subsection (b) of this section shall 
be made for each marketing year or part thereof during which the 
suspension or restriction is in effect and shall be made in equal 
amounts at 90-day intervals, beginning 90 days after the date of the 
imposition of the suspension or restriction.

(d) Commodity Credit Corporation

    The Secretary shall use the Commodity Credit Corporation in carrying 
out the provisions of this section.

(e) Regulations

    The Secretary may issue such regulations as are determined necessary 
to carry out this section.

(Pub. L. 95-501, title IV, Sec. 411, as added Pub. L. 101-624, title XV, 
Sec. 1531, Nov. 28, 1990, 104 Stat. 3682.)

                       References in Text

    The Export Administration Act of 1979, referred to in subsec. 
(a)(1), 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.
    The Agricultural Act of 1949, referred to in subsec. (b)(1), (2), is 
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is 
classified principally to chapter 35A (Sec. 1421 et seq.) of this title. 
Title I of the Act is classified generally to subchapter II (Sec. 1441 
et seq.) of chapter 35A of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 1421 of 
this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 5672 of this title.
