II

106TH CONGRESS

2D SESSION S. 2985

To amend the Agricultural Trade Act of 1978 to authorize the Commodity

Credit Corporation to reallocate certain unobligated funds from the export enhancement program to other agricultural trade development and

assistance programs.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

Mr. DURBIN (for himself and Mr. KENNEDY) introduced the following bill;

which was read twice and referred to the Committee on Finance

A BILL

To amend the Agricultural Trade Act of 1978 to authorize

the Commodity Credit Corporation to reallocate certain

unobligated funds from the export enhancement program

to other agricultural trade development and assistance

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 ‘‘Agricultural Flexibility

5 in Export Development and Assistance Act of 2000’’.
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1 SEC. 2. REALLOCATION OF UNOBLIGATED FUNDS FROM EX2 PORT ENHANCEMENT PROGRAM TO OTHER

3 AGRICULTURAL TRADE DEVELOPMENT AND

4 ASSISTANCE PROGRAMS.

5 (a) IN GENERAL.—Section 301(e) of the Agricultural

6 Trade Act of 1978 (7 U.S.C. 5651(e)) is amended by add7 ing at the end the following:

8 ‘‘(3) REALLOCATION OF UNOBLIGATED

9 FUNDS.—

10 ‘‘(A) HIGHER LEVEL OF UNOBLIGATED

11 FUNDS.—If, by July 1 of a fiscal year, the Sec12 retary determines that the total amount of

13 bonus payments made under this section is less

14 than 20 percent of the amount of the funds

15 that are made available for the fiscal year

16 under paragraph (1) to carry out the program

17 established under this section, the Commodity

18 Credit Corporation may transfer, for use in car19 rying out authorized programs in accordance

20 with subparagraph (C) during the fiscal year,

21 67 percent of the unobligated funds for the fis22 cal year.

23 ‘‘(B) LOWER LEVEL OF UNOBLIGATED

24 FUNDS.—If, by July 1 of a fiscal year, the Sec25 retary determines that the total amount of

26 bonus payments made under this section is at
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•S 2985 IS

1 least 20 percent, but not more than 50 percent,

2 of the amount of the funds that are made avail3 able for the fiscal year under paragraph (1) to

4 carry out the program established under this

5 section, the Commodity Credit Corporation may

6 transfer, for use in carrying out authorized pro7 grams in accordance with subparagraph (C)

8 during the fiscal year, 33 percent of the unobli9 gated funds for the fiscal year.

10 ‘‘(C) AUTHORIZED PROGRAMS.—Of the

11 amount of funds that are made available for a

12 fiscal year under subparagraph (A) or (B)—

13 ‘‘(i) not less than 75 percent of the

14 funds shall be made available and (subject

15 to subparagraph (D)) used to—

16 ‘‘(I) carry out programs author17 ized under title I of the Agricultural

18 Trade Development and Assistance

19 Act of 1954 (7 U.S.C. 1701 et seq.);

20 ‘‘(II) carry out programs author21 ized under title II of the Agricultural

22 Trade Development and Assistance

23 Act of 1954 (7 U.S.C. 1721 et seq.);

24 or
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1 ‘‘(III) notwithstanding sub2 sections (f)(3), (g), and (l)(1) of the

3 Food for Progress Act of 1985 (7

4 U.S.C. 1736o), provide commodities,

5 and fund non-commodity costs related

6 to providing commodities, under that

7 Act;

8 ‘‘(ii) notwithstanding section

9 211(c)(1), not more than 20 percent of the

10 funds shall be made available and used to

11 carry out the market access program es12 tablished under section 203; and

13 ‘‘(iii) not more than 5 percent of the

14 funds shall be made available and used to

15 carry out the cooperator market develop16 ment program of the Foreign Agricultural

17 Service.

18 ‘‘(D) SCHOOL FEEDING OR CHILD NUTRI19 TION PROGRAMS.—Of the amount of funds that

20 are made available for a fiscal year under sub21 paragraph (C)(i), not less than 50 percent of

22 the funds shall be made available and used to

23 carry out school feeding or child nutrition pro24 grams.

25 ‘‘(E) AVAILABILITY OF FUNDS.—
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1 ‘‘(i) TIMING.—Funds authorized to be

2 used by this paragraph shall be obligated

3 by the end of the fiscal year following the

4 determination of the Secretary described in

5 subparagraph (A) or (B).

6 ‘‘(ii) ADDITIONAL FUNDS.—The funds

7 shall be in addition to any other funds that

8 are made available for a purpose described

9 in this paragraph.

10 ‘‘(F) STORAGE COSTS.—All additional

11 costs for the storage of commodities purchased

12 in accordance with subparagraph (C)(i)(I) shall

13 be paid with funds made available to carry out

14 this section.’’.

15 (b) CONFORMING AMENDMENT.—Section 206(a) of

16 the Agricultural Trade Development and Assistance Act

17 of 1954 (7 U.S.C. 1726(a)) is amended by striking

18 ‘‘$1,000,000,000’’ and inserting ‘‘$1,200,000,000’’.

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