AppendixA-32 Act of August 24 1935

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Act of August 24, 1935 - Sec. 32
[As Amended Through P.L. 110–246, Effective May 22, 2008]
SEC. 32. ø7 U.S.C. 612c¿ There is hereby appropriated for each
fiscal year beginning with the fiscal year ending June 30, 1936, an
amount equal to 30 per centum of the gross receipts from duties
collected under the customs laws during the period January 1 to
December 31, both inclusive, preceding the beginning of each such
fiscal year. Such sums shall be maintained in a separate fund and
shall be used by the Secretary of Agriculture only to (1) encourage
the exportation of agricultural commodities and products thereof by
the payment of benefits in connection with the exportation thereof
or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such
commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels
of trade and commerce or by increasing their utilization through
benefits, indemnities, donations or by other means, among persons
in low-income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers’ purchasing power by making
payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the
Secretary as to what constitutes diversion and what constitutes
normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final.
The sums appropriated under this section shall be expended
for such one or more of the above-specified purposes, and at such
times, in such manner, and in such amounts as the Secretary of
Agriculture finds will effectuate substantial accomplishment of any
one or more of the purposes of this section. Notwithstanding any
other provision of this section, the amount that may be devoted,
during any fiscal year after June 30, 1939, to any one agricultural
commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for
such fiscal year. The sums appropriated under this section shall be
devoted principally to perishable non-basic agricultural commodities (other than those receiving price support under title II of the
Agricultural Act of 1949) and their products. The sums appropriated under this section shall, notwithstanding the provisions of
any other law, continue to remain available for the purposes of this
section until expended; but any excess of the amount remaining unexpended at the end of any fiscal year over $500,000,000 shall, in
the same manner as though it had been appropriated for the service of such fiscal year, be subject to the provisions of section 3690
of the Revised Statutes (U.S.C., title 31, sec. 712), and section 5 of
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May 22, 2008

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Act of August 24, 1935 - Sec. 32

Sec. 32

the Act entitled ‘‘An Act making appropriations for the legislative,
executive, and judicial expenses of the Government for the year
ending June thirtieth, eighteen hundred and seventy-five and for
other purposes’’ (U.S.C., title 31, sec. 713). A public or private nonprofit organization that receives agricultural commodities or the
products thereof under clause (2) of the second sentence may transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products
to provide, without cost or waste, nutrition assistance to individuals in low-income groups.

May 22, 2008