Page:United States Statutes at Large Volume 102 Part 2.djvu/392

 102 STAT. 1396

PUBLIC LAW 100-418—AUG. 23, 1988 (2) WAIVER.—The President may waive the application of paragraph (1) by certifying to Congress that implementation of the marketing loan would harm further negotiations. (3) DISCONTINUANCE.—If, after the implementation of a marketing loan in accordance with paragraph (1), the President certifies to Congress that substantial progress is being made in the GATT negotiations and that continuation of the marketing loan program implemented in accordance with paragraph (1) would harm such progress, the President may instruct the Secretary of Agriculture to discontinue the marketing loan program. (c) EXPORT ENHANCEMENT.—

(1) IN GENERAL.—Except as provided in paragraph (4), if the President exercises the authority to waive or discontinue the marketing loan program provided for in paragraph (2) or (3) of subsection (b), the President shall instruct the Secretary of Agriculture to make agricultural commodities and products acquired by the Commodity Credit Corporation equaling at least $2,000,000,000 m value available during the 1990 through 1992 fiscal years to United States exporters of domestically produced agricultural commodities and products for the purpose of making exports of such commodities and products available on the world market at competitive prices. (2) NoNDisPLACEMENT.—Commodities and products made available in accordemce with this subsection shall be in addition to, and not in lieu of, other commodities and products made available for the purpose of enhancing the export of United States commodities and products. (3) U S E OF COMMODITY CREDIT CORPORATION.—The Secretary

Reports.

of Agriculture may use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subsection. (4) EXCEPTION.—The President may waive the application of paragraph (1) by certifying to Congress that implementation of the export enhancement program provided for by this subsection would be a substantial impediment to achieving a successful agreement under the GATT. (5) DISCONTINUANCE.—If, after the implementation of paragraph (1), the President certifies to Congress that substantisd prepress is being made in the GATT negotiations and that continuation of the export enhancement program implemented in accordance with paragraph (1) would harm such progress, the President may, not before 60 days after the consultation required under subsection (d) with respect to such certification, instruct the Secretary of Agriculture to suspend the implementation of such program. (d) CONSULTATION.—The President may not make a certification to Congress under this section unless the United States Trade Representative— (1) consults about the certification with— (A) the Committee on Agriculture, the Committee on Foreign Affairs, and the Committee on Ways and Means of the House of Representatives; and (B) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate; and (2) reports to the President the results of such consultation.

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