Page:United States Statutes at Large Volume 104 Part 5.djvu/354

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104 STAT. 3676 PUBLIC LAW 101-624—NOV. 28, 1990 "(B) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the marketing promotion progrsmi; "(C) the eligible trade organization is not adequately contributing its own resources to the marketing promotion program; "(D) the unfair trade practice that was the basis of the provision of assistance has been discontinued and marketing assistance is no longer required to offset its effects; or "(E) the Secretary determines that termination of assistance in a particular instance is in the best interests of the program. "(3) EVALUATIONS. —The Secretary shall monitor the expenditure of funds received under this section by recipients of such funds. The Secretary shall make evaluations of such expenditure, including— "(A) an evaluation of the effectiveness of the program in developing or maintaining markets for United States agricultural commodities; "(B) aa evaluation of whether assistance provided under this section is necessary to maintain such markets; and "(C) a thorough accounting of the expenditure of such funds by the recipient. The Secretary shall make an initial evaluation of expenditures of a recipient not later than 15 months after the initial provision of funds to the recipient. "(g) LEVEL OF MARKETING ASSISTANCE. — "(1) IN GENERAL.—The Secretary shall justify in writing the level of assistance provided to an eligible trade organization under the program under this section and the level of costsharing required of such organization. "(2) LIMITATION.—Assistance provided under this section for activities described in subsection (e)(4) shall not exceed 50 percent of the cost of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974. Criteria for determining that the limitation shall not apply shall be consistent and documented. "(3) STAGED REDUCTION IN ASSISTANCE. —In the case of participants that received assistance under section 1124 of the Food Security Act of 1985 prior to the date of enactment of this Act and with respect to which assistance under this section would be limited under paragraph (2), any such reduction in assistance shall be phased down in equal increments over a 5-year period. 7 USC 5624. "SEC. 204. BARTER OF AGRICULTURAL COMMODITIES. "(a) IN GENERAL.— The Secretary or the Commodity Credit Corporation may provide eligible commodities in barter for foreign products under such terms and conditions as the Secretary or the Corporation shall prescribe. "(b) ELIGIBLE COMMODITIES. —Unless otherwise specified, eligible commodities shall include— "(1) agricultural commodities acquired by the Commodity Credit Corporation through price support operations; and