Page:United States Statutes at Large Volume 110 Part 1.djvu/985

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 961 be released by the Secretary to provide, on a donation or sale basis, emergency food assistance to developing countries at such time as the domestic supply of the eligible commodities is so limited that quantities of the eligible commodities cannot be made available for disposition under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) (other than disposition for urgent humanitarian purposes under section 401 of the Act (7 U.S.C. 1731)). "(3) PROCESSING OF ELIGIBLE COMMODITIES.— El ig ible commodities that are released from the reserve established under this section may be processed in the United States and shipped to a developing country when conditions in the recipient country require processing. "(4) EXCHANGE.— The Secretary may exchange an eligible commodity for another United States commodity of equal value, including powdered milk, pulses, and vegetable oil. "(5) USE OF NORMAL COMMERCIAL PRACTICES. — To the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section, the Secretary shall use the usual and customary channels, facilities, arrangements, and practices of trade and commerce to carry out this subsection. "(d) MANAGEMENT OF ELIGIBLE COMMODITIES.—The Secretary shall provide— "(1) for the management of eligible commodities in the reserve established under this section as to location and quality of eligible commodities needed to meet emergency situations; and "(2) for the periodic rotation or replacement of stocks of eligible commodities in the reserve to avoid spoilage and deterioration of the commodities. "(e) TREATMENT OF RESERVE UNDER OTHER LAW. — El i gible commodities in the reserve established under this section shall not be— "(1) considered a part of the total domestic supply (including carryover) for the purpose of subsection (c) or for the purpose of administering the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); and "(2) subject to any quantitative limitation on exports that may be imposed under section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406). " (f) USE OF COMMODITY CREDIT CORPORATION.— "(1) IN GENERAL.— Subject to the limitations provided in this section, the funds, facilities, and authorities of the Commodity Credit Corporation shall be used by the Secretary in carrying out this section, except that any restriction applicable to the acquisition, storage, or disposition of eligible commodities owned or controlled by the Commodity Credit Corporation shall not apply. " (2) REIMBURSEMENT. — "(A) IN GENERAL.— The Commodity Credit Corporation shall be reimbursed for the release of eligible commodities from funds made available to carry out the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.). " (B) BASIS FOR REIMBURSEMENT.—The reimbursement shall be made on the basis of the lesser of—