§1731. Commodity determinations
(a) Available commodities
After consulting with other agencies of the Federal Government affected and within policies established by the President for implementing this chapter, and after taking into consideration productive capacity, domestic requirements, farm and consumer price levels, commercial exports, and adequate carryover, the Secretary shall determine, prior to the beginning of each fiscal year, the agricultural commodities and quantities thereof available for disposition under this chapter.
(b) Modification
The Secretary may, during the fiscal year, modify a determination made under subsection (a) of this section if the Secretary provides to the Congress prior notice of that modification (including a statement of the reasons for the modification).
(c) Commodities not available
No commodity shall be available for disposition under this chapter if such disposition would reduce the domestic supply of such commodity below that needed to meet domestic requirements, adequate carryover, and anticipated exports for dollars as determined by the Secretary, unless the Secretary determines that some part of the supply should be used to carry out urgent humanitarian purposes under this chapter.
(d) Policies for implementing chapter
The Secretary shall, to the extent practicable, seek to maintain a stable level of available agricultural commodities under this chapter of the kind and type needed to provide food assistance to developing countries and should attempt to make such commodities available to the degree necessary to fulfill multi-year agreements entered into under this chapter.
(e) Ineligible commodities
(1) Alcoholic beverages
Alcoholic beverages shall not be made available for disposition under this chapter.
(2) Tobacco
Tobacco or the products thereof shall not be made available under section 1727b of this title or subchapter III of this chapter.
(f) Market development activities
Subsection (e)(1) of this section shall not be construed to prohibit representatives of the United States wine, beer, distilled spirits, or other alcoholic beverage industry from participating in agricultural market development activities carried out by the Secretary with foreign currencies made available under subchapter II of this chapter.
(July 10, 1954, ch. 469, title IV, §401, as added Sept. 21, 1959, Pub. L. 86 341, title I, §14,
Amendments
1990-Pub. L. 101 624 amended section generally, substituting present provisions for provisions authorizing Secretary to determine types and quantities of commodities available for distribution, limiting distribution where domestic supply is threatened, and requiring available storage facilities in recipient country prior to making commodities available to such country as well as finding that distribution will not result in interference with production or marketing in that country.
1979-Subsec. (b)(2). Pub. L. 96 53 substituted "to or interference with domestic production or marketing in" for "to domestic production in".
1977-Subsec. (a). Pub. L. 95 113 inserted provisions under which commodities may be made available for disposition if the Secretary of Agriculture determines that some part of the supply of commodities should be used to carry out urgent humanitarian purposes, even though such disposition would reduce the domestic supply of those commodities below that needed to meet domestic requirements, provide adequate carryover, and allow for anticipated exports.
Pub. L. 95 88 designated existing provisions as subsec. (a).
Subsec. (b). Pub. L. 95 88 added subsec. (b).
1966-Pub. L. 89 808 substituted provisions relating to determination and criteria for such determination by the Secretary of Agriculture of agricultural commodities available for disposition for former statement of purpose of provisions relating to long-term supply contracts, now covered by subchapter II of this chapter.
1962-Pub. L. 87 703 included in the statement of purpose the stimulation and increase of sales of surplus agricultural commodities for dollars through long-term supply contracts and through the extension of credit for the purchase of such commodities, by agreements with friendly nations or with private trade.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101 624, set out as a note under section 1691 of this title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96 53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96 53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse.
Effective Date of 1977 Amendments
Amendment by Pub. L. 95 113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95 113, set out as a note under section 1307 of this title.
Amendment by Pub. L. 95 88 effective Oct. 1, 1977, see section 215 of Pub. L. 95 88, set out as a note under section 1702 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89 808 effective Jan. 1, 1967, see section 5 of Pub. L. 89 808, set out as a note under section 1691 of this title.
Export Sales of Dairy Products
Pub. L. 99 198, title XI, §1163, Dec. 23, 1985,
"(a) In each fiscal year, the Secretary of Agriculture may sell dairy products for export, at such prices as the Secretary determines appropriate, in a quantity and allocated as determined by the Secretary, consistent with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, if the disposition of the commodities will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade.
"(b) Such sales shall be made through the Commodity Credit Corporation under existing authority available to the Secretary or the Commodity Credit Corporation.
"(c) Through September 30, 1995, the Secretary shall report semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the volume of sales made under this section."
[Amendment of section 1163 of Pub. L. 99 198, set out above, by Pub. L. 103 465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103 465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.]
[Amendment of section 1163 of Pub. L. 99 198, set out above, by Pub. L. 100 435 effective and implemented on Oct. 1, 1988, see section 701 of Pub. L. 100 435, set out as a note under section 2012 of this title.]
Consultation Through Food Assistance Policy Council
Consultation required by subsec. (a) of this section to be undertaken through Food Assistance Policy Council, see Ex. Ord. No. 12752, §4(a), Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1736, 1736f 1, 1736o of this title.