U.S Code last checked for updates: May 23, 2026
§ 714b.
General powers of Corporation
The Corporation—
(a)
Shall have succession in its corporate name.
(b)
May adopt, alter, and use a corporate seal, which shall be judicially noticed.
(c)
May sue and be sued, but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Corporation or its property. The district courts of the United States, including the district courts of any Territory or possession, shall have exclusive original jurisdiction, without regard to the amount in controversy, of all suits brought by or against the Corporation: Provided, That the Corporation may intervene in any court in any suit, action, or proceeding in which it has an interest. Any suit against the Corporation shall be brought in the District of Columbia, or in the district wherein the plaintiff resides or is engaged in business. No suit by or against the Corporation shall be allowed unless (1) it shall have been brought within six years after the right accrued on which suit is brought, or (2) in the event that the person bringing such suit shall have been under legal disability or beyond the seas at the time the right accrued, the suit shall have been brought within three years after the disability shall have ceased or within six years after the right accrued on which suit is brought, whichever period is longer. The defendant in any suit by or against the Corporation may plead, by way of set-off or counterclaim, any cause of action, whether arising out of the same transaction or not, which would otherwise be barred by such limitation if the claim upon which the defendant’s cause of action is based had not been barred prior to the date that the plaintiff’s cause of action arose: Provided, That the defendant shall not be awarded a judgment on any such set-off or counterclaim for any amount in excess of the amount of the plaintiff’s claim established in the suit. All suits against the Corporation shall be tried by the court without a jury. Notwithstanding any other provision of this subchapter, the Federal Tort Claims Act (Public Law 601, Seventy-ninth Congres 1
1
 So in original. Should be “Congress)”.
shall be applicable to the Corporation. Any suit by or against the United States as the real party in interest based upon any claim by or against the Corporation shall be subject to the provisions of subsection (c) to the same extent as though such suit were by or against the Corporation, except that (1) any such suit against the United States based upon any claim of the type enumerated in section 1491 of title 28, may be brought in the United States Court of Federal Claims, and (2) no such suit against the United States may be brought in a district court unless such suit might, without regard to the provisions of this subchapter, be brought in such court.
(d)
May adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised.
(e)
Shall have all the rights, privileges, and immunities of the United States with respect to the right to priority of payment with respect to debts due from insolvent, deceased, or bankrupt debtors. The Corporation may assert such rights, privileges, and immunities in any suit, action, or proceeding.
(f)
Shall be entitled to the use of the United States mails in the same manner and upon the same conditions as the executive departments of the Federal Government.
(g)
May enter into and carry out such contracts or agreements as are necessary in the conduct of its business, except that obligations under all such contracts or agreements (other than reimbursable agreements under section 714i of this title) for equipment or services relating to automated data processing, information technologies, or related items (including telecommunications equipment and computer hardware and software) may not exceed $170,000,000 in fiscal year 1996 and not more than $188,000,000 in the 6-fiscal year period beginning on October 1, 1996, unless additional amounts for such contracts and agreements are provided in advance in appropriation Acts. State and local regulatory laws or rules shall not be applicable with respect to contracts or agreements of the Corporation or the parties thereto to the extent that such contracts or agreements provide that such laws or rules shall not be applicable, or to the extent that such laws or rules are inconsistent with such contracts or agreements.
(h)
May contract for the use, in accordance with the usual customs of trade and commerce, of plants and facilities for the physical handling, storage, processing, servicing, and transportation of the agricultural commodities subject to its control. The Corporation shall not have power to acquire real property or any interest therein except that it may (a) rent or lease office space necessary for the conduct of its business and (b) acquire real property or any interest therein for the purpose of providing storage adequate to carry out effectively and efficiently any of the Corporation’s programs, or of securing or discharging obligations owing to the Corporation, or of otherwise protecting the financial interests of the Corporation:
(i)
May borrow money subject to any provision of law applicable to the Corporation: Provided, That the total of all money borrowed by the Corporation, other than trust deposits and advances received on sales, shall not at any time exceed in the aggregate $30,000,000,000. The Corporation shall at all times reserve a sufficient amount of its authorized borrowing power which, together with other funds available to the Corporation, will enable it to purchase, in accordance with its contracts with lending agencies, notes, or other obligations evidencing loans made by such agencies under the Corporation’s programs.
(j)
Shall determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid.
(k)
Shall have authority to make final and conclusive settlement and adjustment of any claims by or against the Corporation or the accounts of its fiscal officers.
(l)
May make such loans and advances of its funds as are necessary in the conduct of its business.
(m)
Shall have such powers as may be necessary or appropriate for the exercise of the powers specifically vested in the Corporation, and all such incidental powers as are customary in corporations generally; but any research financed by the Corporation shall relate to the conservation or disposal of commodities owned or controlled by the Corporation and shall be conducted in collaboration with research agencies of the Department of Agriculture. Notwithstanding any other provision of this subchapter, the Corporation may, in the exercise of its power to remove and dispose of surplus agricultural commodities, export, or cause to be exported, not to exceed such amounts of commodities owned by the Corporation as will enable the Corporation to finance research and development of external combustion engines using fuel other than that derived from petroleum and petroleum products. The total value of commodities exported annually for the purposes of the research authorized by the preceding sentence may not exceed $30,000,000.
(June 29, 1948, ch. 704, § 4, 62 Stat. 1070; June 7, 1949, ch. 175, §§ 2, 5, 63 Stat. 154, 156; Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591; June 28, 1950, ch. 381, § 2, 64 Stat. 261; Mar. 20, 1954, ch. 102, § 2, 68 Stat. 30; Aug. 31, 1954, ch. 1172, § 2, 68 Stat. 1047; Aug. 11, 1955, ch. 782, § 2, 69 Stat. 634; Aug. 1, 1956, ch. 815, § 1(a), 70 Stat. 783; Pub. L. 89–758, Nov. 5, 1966, 80 Stat. 1307; Pub. L. 95–113, title XI, § 1104, Sept. 29, 1977, 91 Stat. 954; Pub. L. 95–279, title III, § 301(a), May 15, 1978, 92 Stat. 242; Pub. L. 96–41, § 3(b), July 30, 1979, 93 Stat. 325; Pub. L. 96–234, § 3, Apr. 11, 1980, 94 Stat. 333; Pub. L. 97–35, title I, § 151, Aug. 13, 1981, 95 Stat. 370; Pub. L. 97–98, title XV, § 1520(a), title XVI, § 1606, Dec. 22, 1981, 95 Stat. 1335, 1347; Pub. L. 97–164, title I, § 161(1), Apr. 2, 1982, 96 Stat. 49; Pub. L. 99–198, title XI, § 1167(b), title XVII, § 1761, Dec. 23, 1985, 99 Stat. 1503, 1651; Pub. L. 99–260, § 11, Mar. 20, 1986, 100 Stat. 52; Pub. L. 100–202, § 101(k) [title I, § 101], Dec. 22, 1987, 101 Stat. 1329–322, 1329–336; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–127, title I, § 161(b)(1), Apr. 4, 1996, 110 Stat. 934; Pub. L. 105–185, title V, § 521(a), June 23, 1998, 112 Stat. 580; Pub. L. 105–277, div. A, § 101(a) [title VII, § 756], Oct. 21, 1998, 112 Stat. 2681, 2681–34.)
cite as: 15 USC 714b