Page:United States Statutes at Large Volume 104 Part 5.djvu/323

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3645 primary purpose is to provide religious education) located in the recipient country that provides education in agricultural sciences or other disciplines for a significant number of United States nationals (who may include members of the United States Armed Forces or the Foreign Service or dependents of such members). "TITLE IV—GENERAL AUTHORITIES AND REQUIREMENTS " SEC. 401. COMMODITY DETERMINATIONS. 7 USC 1731. "(a) AVAILABLE COMMODITIES. — After consulting with other agencies of the Federgd Government affected and within policies established by the President for implementing this Act, and after taking into consideration productive capacity, domestic requirements, farm and consumer price levels, commercial exports, and adequate carry- over, the Secretary shall determine, prior to the beginning of each fiscal year, the agricultural commodities and quantities thereof available for disposition under this Act. "(b) MODIFICATION. —The Secretary may, during the fiscal year, modify a determination made under subsection (a) 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 Act 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 Act. "(d) POLICIES FOR IMPLEMENTING ACT. —The Secretary shall, to the extent practicable, seek to maintain a stable level of available agricultural commodities under this Act 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 Act. "(e) INELIGIBLE COMMODITIES.— "(1) ALCOHOLIC BEVERAGES. —A lcoholic bevereiges shall not be made available for disposition under this Act. "(2) TOBACCO.— Tobacco or the products thereof shall not be made available under section 303 or title II of this Act. "(f) MARKET DEVELOPMENT ACTIVITIES.— Subsection (e)(1) shall not be construed to prohibit representatives of the United States wine, beer, distilled spirits, or other alcoholic bevergige industry from participating in agricultural market development activities carried out by the Secretary with foreign currencies made available under title I of this Act. "SEC. 402. DEFINITIONS. 7 USC 1732. "As used in this Act: "(1) ADMINISTRATOR.— The term 'Administrator' means the Administrator of the Agency for International Development, unless otherwise specified in this Act. "(2) AGRICULTURAL COMMODITY.— The term 'agricultural commodity', unless otherwise provided for in this Act, includes any agricultural commodity or the products thereof produced in

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