I

104TH CONGRESS

1ST SESSION H. R. 2493

To make modifications to international food aid programs.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 1995

Mr. EMERSON (for himself and Mr. CONDIT) introduced the following bill;

which was referred to the Committee on International Relations, and in

addition to the Committee on Agriculture, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To make modifications to international food aid programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Food For Peace Reau5 thorization Act of 1995’’.

6 SEC. 2. FOOD ASSISTANCE TO DEVELOPING COUNTRIES.

7 Section 3 of the Agricultural Trade Development and

8 Assistance Act of 1954 (7 U.S.C.1691a) is amended to

9 read as follows:
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1 ‘‘SEC. 3. FOOD ASSISTANCE TO DEVELOPING COUNTRIES.

2 ‘‘It is the sense of Congress that—

3 ‘‘(1) the United States should maintain its role

4 of world leadership in promoting food security and

5 economic development in developing countries; and

6 ‘‘(2) the President should encourage other ad7 vanced nations to consider appropriate levels of food

8 assistance to meet the legitimate needs of developing

9 countries.’’.

10 SEC. 3. TRADE AND DEVELOPMENT ASSISTANCE.

11 Section 101 of the Agricultural Trade Development

12 and Assistance Act of 1954 (7 U.S.C. 1701) is amended—

13 (1) by striking ‘‘developing countries’’ each

14 place it appears and inserting ‘‘developing countries

15 and private entities’’; and

16 (2) in subsection (b)—

17 (A) by striking ‘‘To carry out’’ and all that

18 follows through ‘‘section 2, the’’ and inserting

19 ‘‘The’’; and

20 (B) by inserting ‘‘and entities’’ before the

21 period at the end.

22 SEC. 4. AGREEMENTS REGARDING ELIGIBLE COUNTRIES

23 AND PRIVATE ENTITIES.

24 Section 102 of the Agricultural Trade Development

25 and Assistance Act of 1954 (7 U.S.C. 1702) is amended

26 to read as follows:
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1 ‘‘SEC. 102. AGREEMENTS REGARDING ELIGIBLE COUNTRIES

2 AND PRIVATE ENTITIES.

3 ‘‘(a) PRIORITY.—In selecting agreements to be en4 tered into under this title, the Secretary shall give priority

5 to agreements providing for the export of agricultural

6 commodities to developing countries that—

7 ‘‘(1) have the demonstrated potential to become

8 commercial markets for competitively priced United

9 States agricultural commodities;

10 ‘‘(2) are undertaking measures for economic de11 velopment purposes to improve food security and ag12 ricultural development, alleviate poverty, and pro13 mote broad-based equitable and sustainable develop14 ment; and

15 ‘‘(3) demonstrate the greatest need for food.

16 ‘‘(b) PRIVATE ENTITIES.—An agreement entered

17 into under this title with a private entity shall require such

18 security, or such other provisions as the Secretary deter19 mines necessary, to provide reasonable and adequate as20 surance of repayment of the financing extended to the pri21 vate entity.

22 ‘‘(c) AGRICULTURAL MARKET DEVELOPMENT

23 PLAN.—

24 ‘‘(1) IN GENERAL.—If there is in effect for a

25 country a market development plan approved by the

26 Secretary, for the purposes of the priority set forth
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1 in subsection (a), the Secretary shall deem that

2 country to have the demonstrated potential to be3 come a commercial market for competitively priced

4 United States agricultural commodities. However,

5 not more than 50 percent of the agricultural com6 modities sold under this title during a fiscal year

7 shall be granted the priority because this deeming

8 rule applies.

9 ‘‘(2) REQUIREMENTS.—To be approved by the

10 Secretary, the agricultural market development plan

11 shall—

12 ‘‘(A) be submitted by a country or private

13 entity in conjunction with an agricultural trade

14 organization;

15 ‘‘(B) describe a project or program, de16 signed with the cooperation of the agricultural

17 trade organization, for the development and ex18 pansion of United States agricultural commod19 ity markets in the appropriate developing coun20 try;

21 ‘‘(C) use funds raised from the sale of ag22 ricultural commodities received under agree23 ments under section 101;
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1 ‘‘(D) be implemented and administered in

2 coordination with the agricultural trade organi3 zation; and

4 ‘‘(E) contain additional requirements de5 termined necessary by the Secretary.

6 ‘‘(3) AGRICULTURAL TRADE ORGANIZATION.—

7 For purposes of this subsection, the term ‘agricul8 tural trade organization’ means a United States ag9 ricultural trade organization that promotes the ex10 port and sale of United States agricultural commod11 ities and that does not stand to profit directly from

12 specific sales of agricultural commodities.’’.

13 SEC. 5. TERMS AND CONDITIONS OF SALES.

14 Section 103 of the Agricultural Trade Development

15 and Assistance Act of 1954 (7 U.S.C. 1703) is amended—

16 (1) in subsection (a)(2)(A)—

17 (A) by striking ‘‘a recipient country to

18 make’’ and

19 (B) by striking ‘‘such country’’ and insert20 ing ‘‘the appropriate country’’;

21 (2) in subsection (c), by striking ‘‘less than 10

22 nor’’; and

23 (3) in subsection (d)—

24 (A) by striking ‘‘recipient country’’ and in25 serting ‘‘recipient’’; and
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1 ((B) by striking ‘‘7 years’’ and inserting

2 ‘‘5 years’’.

3 SEC. 6. USE OF LOCAL CURRENCY.

4 Section 104 of the Agricultural Trade Development

5 and Assistance Act of 1954 (7 U.S.C. 1704) is amended—

6 (1) in subsection (a), by striking ‘‘recipient

7 country’’ and inserting ‘‘recipient’’; and

8 (2) in subsection (c)—

9 (A) by striking ‘‘recipient country’’ and in10 serting ‘‘appropriate developing country’’ each

11 place it appears; and

12 (B) by striking ‘‘recipient countries’’ and

13 inserting ‘‘appropriate developing countries’’.

14 SEC. 7. PRIVATE ENTITIES.

15 The Agricultural Trade Development and Assistance

16 Act of 1954 (7 U.S.C. 1701 et seq.) is amended—

17 (1) by striking ‘‘a private voluntary organiza18 tion or cooperative’’ each place it appears in section

19 202(d) and subsections (a) and (d) of section 203

20 and inserting ‘‘a private entity, private voluntary or21 ganization, or cooperative’’;

22 (2) by striking ‘‘private voluntary organizations

23 and cooperatives’’ each place it appears in sections

24 203(b) and 306(a)(5) and inserting ‘‘private entities,

25 private voluntary organizations, and cooperatives’’;
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1 (3) in the section heading of section 203, by

2 striking ‘‘PRIVATE VOLUNTARY ORGANIZATIONS

3 AND COOPERATIVES’’ and inserting ‘‘ PRIVATE

4 ENTITIES, PRIVATE VOLUNTARY ORGANIZA5 TIONS, AND COOPERATIVES’’;

6 (4) in section 203(c), by striking ‘‘A private

7 voluntary organization or cooperative’’ and inserting

8 ‘‘A private entity, private voluntary organization, or

9 cooperative’’; and

10 (5) in section 501(a)(4), by striking ‘‘private

11 voluntary organizations, cooperatives,’’ and inserting

12 ‘‘private entities, private voluntary organizations, co13 operatives,’’.

14 SEC. 8. PROVISION OF AGRICULTURAL COMMODITIES.

15 Section 202(e) of the Agricultural Trade Develop16 ment and Assistance Act of 1954 (7 U.S.C. 1722(e)) is

17 amended—

18 (1) in the subsection heading, by inserting

19 ‘‘INTERGOVERNMENTAL ORGANIZATIONS,’’ after

20 ‘‘SUPPORT FOR’’;

21 (2) in paragraph (1)—

22 (A) by striking ‘‘$13,500,000’’ and insert23 ing ‘‘$28,000,000’’; and

24 (B) by striking ‘‘private voluntary organi25 zations and cooperatives to assist such organi-
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1 zations and cooperatives’’ and inserting ‘‘eligi2 ble organizations described in subsection (d), to

3 assist those organizations’’;

4 (3) in paragraph (2), by striking ‘‘a private vol5 untary organization or cooperative’’ and inserting

6 ‘‘an intergovernmental organization, private entity,

7 private voluntary organization, or cooperative’’; and

8 (4) in paragraph (3), by striking ‘‘a private vol9 untary organization or cooperative, the Adminis10 trator may provide assistance to that organization or

11 cooperative’’ and inserting ‘‘an eligible organization

12 described in subsection (d), the Administrator may

13 provide assistance to that eligible organization’’.

14 SEC. 9. EFFECTIVE USE OF COMMODITIES.

15 Section 202(f) of the Agricultural Trade Develop16 ment and Assistance Act of 1954 (7 U.S.C. 1722(f) is

17 amended—

18 (1) by striking the period at the end of para19 graph (6) and inserting ‘‘; and’’; and

20 (2) by adding at the end the following:

21 ‘‘(7) be permitted to carry out a program under

22 this title—

23 ‘‘(A) in a foreign country in which the

24 Agency for International Development does not

25 have a mission, office, or other presence; or
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1 ‘‘(B) that is not part of the developmental

2 strategy prepared by such Agency for the coun3 try in which the program is carried out.’’

4 SEC. 10. MONETIZATION.

5 Section 203 of the Agricultural Trade Development

6 and Assistance Act of 1954 (7 U.S.C. 1723) is amended—

7 (1) in subsection (a), by inserting ‘‘, or in a

8 country in the same region’’ after ‘‘in the recipient

9 country’’;

10 (2) in subsection (b)—

11 (A) by inserting ‘‘or in countries in the

12 same region’’ after ‘‘in the recipient country’’;

13 and

14 (B) by striking ‘‘10 percent’’ and inserting

15 ‘‘15 percent’’;

16 (3) in subsection (c), by inserting ‘‘or within a

17 country in the same region’’ after ‘‘within the recipi18 ent country’’.

19 SEC. 11. GENERAL LEVELS OF ASSISTANCE UNDER PUBLIC

20 LAW 480.

21 Section 204(a) of the Agricultural Trade Develop22 ment and Assistance Act of 1954 (7 U.S.C. 1724(a)) is

23 amended—

24 (1) in paragraph (1), by striking ‘‘amount

25 that’’ and all that follows through the period at the
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1 end and inserting ‘‘amount that for each of fiscal

2 years 1996 through 2002 is not less than 2,025,000

3 metric tons.’’; and

4 (2) in paragraph (2), by striking ‘‘amount

5 that’’ and all that follows through the period at the

6 end and inserting ‘‘amount that for each of fiscal

7 years 1996 through 2002 is not less than 1,550,000

8 metric tons.’’.

9 SEC. 12. USE OF VALUE ADDED COMMODITIES.

10 Section 204(b)(1) of the Agricultural Trade Develop11 ment and Assistance Act of 1954 (7 U.S.C. 1724(e)) is

12 amended by inserting ‘‘and that not less than 50 percent

13 of the quantity of such bagged commodities that are whole

14 grain commodities shall be bagged in the United States’’

15 before the period at the end.

16 SEC. 13. FOOD AID CONSULTATION GROUP.

17 (a) MEMBERSHIP.—Section 205(b)(2) of the Agricul18 tural Trade Development and Assistance Act of 1954 (7

19 U.S.C. 1725(b)(2)) is amended by striking ‘‘International

20 Affairs and Commodity Programs’’ and inserting ‘‘Agri21 culture for Farm and Foreign Agricultural Services’’.

22 (b) EXPIRATION DATE.—Section 205(f) of the Agri23 cultural Trade Development and Assistance Act of 1954

24 (7 U.S.C. 1725(f)) is amended by striking ‘‘1995’’ and

25 inserting ‘‘2002’’.
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1 SEC. 14. FOOD FOR DEVELOPMENT.

2 Sections 301(b) and 303 of the Agricultural Trade

3 Development and Assistance Act of 1954 (7 U.S.C.

4 1727(b) and 1727b) are each amended by striking ‘‘To

5 carry out’’ and all that follows through ‘‘section 2, the’’

6 and inserting ‘‘The’’.

7 SEC. 15. COMMODITY DETERMINATIONS.

8 Section 401 of the Agricultural Trade Development

9 and Assistance Act of 1954 (7 U.S.C. 1731) is amended—

10 (1) by striking subsections (a) through (d) and

11 inserting the following:

12 ‘‘(a) AVAILABILITY OF COMMODITIES.—No agricul13 tural commodity shall be available for disposition under

14 this Act if the Secretary determines that the disposition

15 would reduce the domestic supply of the commodity below

16 the supply needed to meet domestic requirements and pro17 vide adequate carryover (as determined by the Secretary),

18 unless the Secretary determines that some part of the sup19 ply should be used to carry out urgent humanitarian pur20 poses under this Act.’’;

21 (2) by redesignating subsections (e) and (f) as

22 subsections (b) and (c), respectively; and

23 (3) in subsection (c) (as so redesignated), by

24 striking ‘‘(e)(1)’’ and inserting ‘‘(b)(1)’’.
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1 SEC. 16. GENERAL PROVISIONS.

2 Section 403 of the Agricultural Trade Development

3 and Assistance Act of 1954 (7 U.S.C. 1733) is amended—

4 (1) in subsection (c)—

5 (A) by inserting ‘‘or private entities, as ap6 propriate,’’ after ‘‘commitments from coun7 tries’’; and

8 (B) by striking ‘‘for use’’ and inserting ‘‘or

9 use’’; and

10 (2) in subsection (f), by inserting ‘‘or private

11 entities, as appropriate,’’ after ‘‘from countries’’.

12 SEC. 17. AGREEMENTS.

13 Section 404 of the Agricultural Trade Development

14 and Assistance Act of 1954 (7 U.S.C. 1734) is amended—

15 (1) in subsection (a), by inserting ‘‘with foreign

16 countries’’ after ‘‘Before entering into agreements’’;

17 (2) in subsection (b)(2)—

18 (A) by inserting ‘‘with foreign countries’’

19 after ‘‘with respect to agreements entered into’’;

20 and

21 (B) by inserting before the semicolon at

22 the end the following: ‘‘and broad-based eco23 nomic growth’’; and

24 (3) so that subsection (c)(1) reads as follows:

25 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) TITLES I AND III.—Agreements to

2 provide assistance on a multi-year basis under

3 titles I and III may be made available to recipi4 ent countries or to eligible organizations.

5 ‘‘(B) TITLE II.—Agreements to provide as6 sistance on a multi-year basis shall be made

7 available to recipient countries and to eligible

8 organizations.’’.

9 SEC. 18. ADMINISTRATIVE PROVISIONS.

10 Section 407 of the Agricultural Trade Development

11 and Assistance Act of 1954 (7 U.S.C. 1736a) is amend12 ed—

13 (1) in subsection (a)(1), by inserting ‘‘or pri14 vate entity’’ after ‘‘importing country’’;

15 (2) in subsection (c)—

16 (A) in paragraph (1)(A), by inserting ‘‘im17 porter or’’ before ‘‘importing country’’; and

18 (B) in paragraph (2)(A), by inserting ‘‘im19 porter or’’ before ‘‘importing country’’; and

20 (3) by striking subsection (h).

21 SEC. 19. EXPIRATION DATE.

22 Section 408 of the Agricultural Trade Development

23 and Assistance Act of 1954 (7 U.S.C. 1736b) is amended

24 by striking ‘‘1995’’ and inserting ‘‘2002’’.
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1 SEC. 20. REPEAL OF SECTIONS 409 AND 410.

2 Sections 409 and 410 of the Agricultural Trade De3 velopment and Assistance Act of 1954 (7 U.S.C. 1736c

4 and 1736d) are repealed.

5 SEC. 21. USE OF LOCAL CURRENCY IN TITLE V.

6 Section 501(a)(6) of the Agricultural Trade Develop7 ment and Assistance Act of 1954 (7 U.S.C. 1737(a)(6))

8 is amended—

9 (1) by striking ‘‘practicable’’,’’ and all that fol10 lows through ‘‘under this section’’ and inserting

11 ‘‘that local currencies can be used to meet the costs

12 of a program established under this section, aug13 ment funds of the United States that are available

14 for such a program’’; and

15 (2) by inserting ‘‘, within the country where the

16 program is conducted’’ before the period at the end.

17 SEC. 22. TITLE V FUNDING LEVEL.

18 Section 501(c) of the Agricultural Trade Develop19 ment and Assistance Act of 1954 (7 U.S.C. 1737(c)) is

20 amended—

21 (1) by striking ‘‘0.2’’ and inserting ‘‘0.4’’; and

22 (2) by striking ‘‘1991 through 1995’’ and in23 serting ‘‘1996 through 2002’’.

24 SEC. 23. FOOD FOR PROGRESS.

25 Section 1110 of the Food Security Act of 1985 (7

26 U.S.C. 1736o) is amended—
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1 (1) in the first sentence of subsection (b)(1), by

2 inserting ‘‘intergovernmental organizations,’’ after

3 ‘‘private voluntary organizations,’’;

4 (2) in subsection (g), by striking ‘‘1995’’ and

5 inserting ‘‘2002’’;

6 (3) in subsection (k), by striking ‘‘1995’’ and

7 inserting ‘‘2002’’;

8 (4) in subsection (l)(1)—

9 (A) by striking ‘‘1995’’ and inserting

10 ‘‘2002’’; and

11 (B) by inserting ‘‘, and to provide adminis12 trative and technical assistance for monetiza13 tion programs,’’ after ‘‘monitoring of food as14 sistance programs’’; and

15 (5) in subsection (m)—

16 (A) by striking ‘‘with respect to the inde17 pendent states of the former Soviet Union’’;

18 and

19 (B) in paragraph (2), by striking ‘‘in the

20 independent states’’.

21 SEC. 24. FOOD SECURITY COMMODITY RESERVE.

22 (a) FOOD SECURITY COMMODITY RESERVE ACT OF

23 1995.—The title heading of title III of the Agricultural

24 Act of 1980 (7 U.S.C. 1736f–1 note) is amended by strik25 ing ‘‘FOOD SECURITY WHEAT RESERVE ACT OF 1980’’
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1 and inserting ‘‘FOOD SECURITY COMMODITY RE2 SERVE ACT OF 1995’’.

3 (b) SHORT TITLE.—Section 301 of the Act (7 U.S.C.

4 1736f–1 note) is amended by striking ‘‘Food Security

5 Wheat Reserve Act of 1980’’ and inserting ‘‘Food Security

6 Commodity Reserve Act of 1995’’.

7 (c) IN GENERAL.—Section 302 of the Act (7 U.S.C.

8 1736f–1) is amended—

9 (1) in the section heading, by striking ‘‘FOOD

10 SECURITY WHEAT RESERVE’’ and inserting

11 ‘‘FOOD SECURITY COMMODITY RESERVE’’;

12 (2) so that subsection (a) reads as follows:

13 ‘‘(a) IN GENERAL.—To provide for a reserve solely

14 to meet emergency humanitarian food needs in developing

15 countries, the Secretary shall establish a reserve stock of

16 wheat, rice, corn, or sorghum, or any combination of the

17 commodities, totaling not more than 4,000,000 metric

18 tons for use as described in subsection (c).’’;

19 (3) so that subsection (b)(1) reads as follows:

20 ‘‘(b) COMMODITIES IN RESERVE.—

21 ‘‘(1) IN GENERAL.—The reserve established

22 under this section shall consist of—

23 ‘‘(A) wheat in the reserve established

24 under the Food Security Commodity Reserve
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1 Act of 1980 as of the date of enactment of the

2 Food For Peace Reauthorization Act of 1995;

3 ‘‘(B) wheat, rice, corn, and sorghum (re4 ferred to in this section as ‘eligible commod5 ities’) acquired in accordance with paragraph

6 (2) to replenish eligible commodities released

7 from the reserve, including wheat to replenish

8 wheat released from the reserve established

9 under the Food Security Wheat Reserve Act of

10 1980 but not replenished as of the date of en11 actment of the Food For Peace Reauthorization

12 Act of 1995; and

13 ‘‘(C) such rice, corn, and sorghum as the

14 Secretary of Agriculture (referred to in this sec15 tion as the ‘Secretary’) may, at such time and

16 in such manner as the Secretary determines ap17 propriate, acquire as a result of exchanging an

18 equivalent value of wheat in the reserve estab19 lished under this section.’’;

20 (4) in subsection (b)(2)—

21 (A) by striking ‘‘(2)(A) Subject to’’ and in22 serting the following:

23 ‘‘(2) REPLENISHMENT OF RESERVE.—

24 ‘‘(A) IN GENERAL.—Subject to’’;

25 (B) in subparagraph (A)—
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1 (i) by striking ‘‘(i) of this section

2 stocks of wheat’’ and inserting ‘‘(i) stocks

3 of eligible commodities’’;

4 (ii) in clause (ii), by striking ‘‘stocks

5 of wheat’’ and inserting ‘‘stocks of eligible

6 commodities’’; and

7 (iii) in the second sentence, by strik8 ing ‘‘wheat’’ and inserting ‘‘eligible com9 modities’’; and

10 (C) in subparagraph (B)—

11 (i) by striking ‘‘(B) Not later’’ and in12 serting ‘‘(B) TIME FOR REPLENISHMENT

13 OF RESERVE.—Not later’’; and

14 (ii) in clause (ii), by striking ‘‘wheat’’

15 and inserting ‘‘eligible commodities’’;

16 (5) so that subsections (c) through (f) read as

17 follows:

18 ‘‘(c) RELEASE OF ELIGIBLE COMMODITIES.—

19 ‘‘(1) DETERMINATION.—If the Secretary deter20 mines that the amount of commodities allocated for

21 minimum assistance under section 204(a)(1) of the

22 Agricultural Trade Development and Assistance Act

23 of 1954 (7 U.S.C. 1724(a)(1)) less the amount of

24 commodities allocated for minimum non-emergency

25 assistance under section 204(a)(2) of the Act (7
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1 U.S.C. 1724(a)(2)) will be insufficient to meet the

2 need for commodities for emergency assistance

3 under section 202(a) of the Act (7 U.S.C. 1722(a)),

4 the Secretary in any fiscal year may release from the

5 reserve—

6 ‘‘(A) up to 500,000 metric tons of wheat

7 or the equivalent value of eligible commodities

8 other than wheat; and

9 ‘‘(B) any eligible commodities which under

10 subparagraph (A) could have been released but

11 were not released in prior fiscal years.

12 ‘‘(2) AVAILABILITY OF COMMODITIES.—Com13 modities released under paragraph (1) shall be made

14 available under title II of the Agricultural Trade De15 velopment and Assistance Act of 1954 (7 U.S.C.

16 1721 et seq.) for emergency assistance.

17 ‘‘(3) EXCHANGE.—The Secretary may exchange

18 an eligible commodity for another United States

19 commodity of equal value, including powdered milk,

20 pulses, and vegetable oil.

21 ‘‘(4) USE OF NORMAL COMMERCIAL PRAC22 TICES.—To the maximum extend practicable consist23 ent with the fulfillment of the purposes of this sec24 tion and the effective and efficient administration of

25 this section, the Secretary shall use the usual and
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1 customary channels, facilities, arrangements, and

2 practices of the trade and commerce.

3 ‘‘(5) WAIVER OF MINIMUM TONNAGE REQUIRE4 MENTS.—Nothing in this subsection shall require

5 the exercise of the waiver under section 204(a)(3) of

6 the Agricultural Trade Development and Assistance

7 Act of 1954 (7 U.S.C. 1724(a)(3)) as a prerequisite

8 for the release of eligible commodities under this

9 subsection.

10 ‘‘(d) TRANSPORTATION AND HANDLING COSTS.—

11 ‘‘(1) IN GENERAL.—The cost of transportation

12 and handling of eligible commodities released from

13 the reserve established under this section shall be

14 paid by the Commodity Credit Corporation in ac15 cordance with section 406 of the Agricultural Trade

16 Development and Assistance Act of 1954 (7 U.S.C.

17 1736).

18 ‘‘(2) REIMBURSEMENT.—

19 ‘‘(A) IN GENERAL.—The Commodity Cred20 it Corporation shall be reimbursed for the costs

21 incurred under paragraph (1) from the funds

22 made available to carry out the Agricultural

23 Trade Development and Assistance Act of 1954

24 (7 U.S.C. 1691 et seq.).
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1 ‘‘(B) BASIS FOR REIMBURSEMENT.—The

2 reimbursement shall be made on the basis of

3 the lesser of the actual cost incurred by the

4 Commodity Credit Corporation less any savings

5 achieved as a result of decreased storage and

6 handling costs for the reserve.

7 ‘‘(C) DECREASED STORAGE AND HAN8 DLING COSTS.—For purposes of this subsection,

9 ‘decreased storage and handling costs’ shall

10 mean the total actual costs for storage and han11 dling incurred by the Commodity Credit Cor12 poration for the reserve established under title

13 III of the Agricultural Act of 1980 in fiscal

14 year 1995 less the total actual costs for storage

15 and handling incurred by the Corporation for

16 the reserve established under this Act in the fis17 cal year for which the savings are calculated.

18 ‘‘(e) MANAGEMENT OF RESERVE.—The Secretary

19 shall provide for—

20 ‘‘(1) the management of eligible commodities in

21 the reserve as to location and quality of commodities

22 needed to meet emergency situations; and

23 ‘‘(2) the periodic rotation of eligible commod24 ities in the reserve to avoid spoilage and deteriora25 tion of such stocks.
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1 ‘‘(f) TREATMENT OF RESERVE UNDER OTHER

2 LAW.—Eligible commodities in the reserve established

3 under this section shall not be—

4 ‘‘(1) considered a part of the total domestic

5 supply (including carryover) for the purpose of ad6 ministering the Agricultural Trade Development and

7 Assistance Act of 1954 (7 U.S.C. 1691 et seq.); and

8 ‘‘(2) subject to any quantitative limitation on

9 exports that may be imposed under section 7 of the

10 Export Administration Act of 1979 (50 U.S.C. App.

11 2406).’’;

12 (6) in subsection (g)—

13 (A) by striking ‘‘(g)(1) The’’ and inserting

14 the following:

15 ‘‘(g) USE OF COMMODITY CREDIT CORPORATION.—

16 The’’;

17 (B) by striking ‘‘wheat’’ and inserting ‘‘an

18 eligible commodity’’; and

19 (C) by striking paragraph (2);

20 (7) in subsection (h)—

21 (A) by striking ‘‘(h) Any’’ and inserting:

22 ‘‘(h) FINALITY OF DETERMINATION.—Any’’; and

23 (B) by striking ‘‘President or the Secretary

24 of Agriculture’’ and inserting ‘‘Secretary’’; and

25 (8) in subsection (i)—
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1 (A) by striking ‘‘(i) The’’ and inserting:

2 ‘‘(i) TERMINATION OF AUTHORITY.—The’’;

3 (B) by striking ‘‘wheat’’ each place it ap4 pears and inserting ‘‘eligible commodities’’; and

5 (C) by striking ‘‘1995’’ each place it ap6 pears and inserting ‘‘2002’’.

7 (d) EFFECTIVE DATE.—Section 303 of the Act (7

8 U.S.C. 1736–1 note) is amended by striking ‘‘October 1,

9 1980’’ and all that follows through the end of the section

10 and inserting ‘‘on the date of enactment of this Act.’’.

11 (e) CONFORMING AMENDMENT.—Section 208(d)(2)

12 of the Agriculture Trade Suspension Adjustment Act of

13 1980 (7 U.S.C. 4001(d)(2)) is amended to read as follows:

14 ‘‘(2) APPLICABILITY OF CERTAIN PROVI15 SIONS.—Subsections (b)(2), (c), (e), and (f) of sec16 tion 302 of the Food Security Commodity Reserve

17 Act of 1995 shall apply to commodities in any re18 serve established under paragraph (1), except that

19 the references to ‘eligible commodities’ in the sub20 sections shall be deemed to be references to ‘agricul21 tural commodities’.’’.

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