Page:United States Statutes at Large Volume 99 Part 2.djvu/358

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 1468

PUBLIC LAW 99-198—DEC. 23, 1985

"(B) such other edible agricultural commodities as may be acquired by the Secretary or the Commodity Credit Corporation ^ ' in the normal course of operations and that are available for disposition under this subsection, except that no such commodities may be acquired for the purpose of their use under this subsection. "(3)(A) Commodities may not be made available for disposition under this subsection in amounts that (i) will, in any way, reduce i the amounts of commodities that traditionally are made available through donations to domestic feeding programs or agencies, or (ii) will prevent the Secretary from fulfilling any agreement entered into by the Secretary under a payment-in-kind program under this Act or other Acts administered by the Secretary. "(B)(i) The requirements of section 401(b) of the Agricultural 7 USC 1731. Trade Development and Assistance Act of 1954 shall apply with respect to commodities furnished under this subsection. Commodities may not be furnished for disposition to any country under this subsection except on determinations by the Secretary that— "(I) the receiving country has the absorptive capacity to use the commodities efficiently and effectively; and Commerce and "(II) such disposition of the Commodities will not interfere trade. with usual marketings of the United States, nor disrupt world prices of agricultural commodities and normal patterns of commercial trade with developing countries, "(ii) The requirement for safeguarding usual marketings of the United States shall not be used to prevent the furnishing under this subsection of any eligible commodity for use in countries that— "(I) have not traditionally purchased the commodity from the United States; or ij' "(II) do not have adequate financial resources to acquire the commodity from the United States through commercial sources or through concessional sales arrangements. "(C) The Secretary shall take reasonable precautions to ensure that— "(i) commodities furnished under this subsection will not displace or interfere with sales that otherwise might be made; and Commerce and "(ii) sales or barter under paragraph (7) will not unduly trade. disrupt world prices of agricultural commodities nor normal patterns of commercial trade with friendly countries. "(4) Agreements may be entered into under this subsection to provide eligible commodities in installments over an extended period of time. "(5)(A) Section 203 of the Agricultural Trade Development and 7 USC 1723. Assistance Act of 1954 shall apply to the commodities furnished under this subsection. "(B) The Commodity Credit Corporation may pay the processing and domestic handling costs incurred, as authorized under this subsection, in the form of eligible commodities, as defined in paragraph (2)(A), if the Secretary determines that such in-kind payment will not disrupt domestic markets. Prohibition. "(6) The cost of Commodities furnished under this subsection, and expenses incurred under section 203 of the Agricultural Trade Development and Assistance Act of 1954 in connection with those commodities, shall be in addition to the level of assistance programmed under that Act and shall not be considered expenditures for international affairs and finance.