Page:United States Statutes at Large Volume 99 Part 2.djvu/382

 99 STAT. 1492

PUBLIC LAW 99-198—DEC. 23, 1985

"(2) carried out under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); "(3) carried out under the Food Security Wheat Reserve Act ofl980(7 U.S.C.1736f-l); "(4) under which agricultural commodities or the products thereof are— "(A) donated through foreign governments or agencies, private or public, including intergovernmental organizations; or i/ ' "(B) sold for foreign currencies or for dollars on credit ? terms of more than ten years; iv:v;.i "(5) under which agricultural commodities or the products thereof are made available for emergency food relief at less than prevailing world market prices; Grants. "(6) under which a cash grant is made directly or through an Vessels. intermediary to a foreign purchaser for the purpose of enabling the purchaser to obtain United States agricultural commodities or the products thereof in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at United States port; or "(7) under which agricultural commodities owned or conijii! trolled by or under loan from the Commodity Credit Corporation are exchanged or bartered for materials, goods, equipment, or services produced in foreign countries, other than export Ante, p. 1490. activities described in section 901a (5). "(c)(l) The requirement for United States-flag transportation imposed by subsection (a) shall be subject to the same terms and 7 USC 1241. conditions as provided in section 901(b) of this Act. "(2)(A) In order to provide for effective and equitable administration of the cargo preference laws the calendar year for the purpose of compliance with minimum percentage requirements shall be for 12 month periods commencing April 1, 1986. "(B) In addition, the Secretary of Transportation, in administering this subsection and section 901(b), and consistent with these sections, shall take such steps as may be necessary and practicable without detriment to any port range to preserve during calendar years 1986, 1987, 1988, and 1989 the percentage share, or metric -; tonnage of bagged, processed, or fortified commodities, whichever is, lower, experienced in calendar year 1984 as determined by the Secretary of Agriculture, of waterborne cargoes exported from Great Lake ports pursuant to title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). "(d) As used in subsection (b), the term 'export activity' does not include inspection or weighing activities, other activities carried out for health or safety purposes, or technical assistance provided in the handling of commercial transactions. "(e)(1) The prevailing world market price as to agricultural commodities or the products thereof shall be determined under Ante, pp. 1490- Sections 901a through 901d in accordance with procedures estab1491; post, lished by the Secretary of Agriculture. The Secretary shall prescribe P ^^^^ such procedures by regulation, with notice and opportunity for public comment, pursuant to section 553 of title 5, United States Code. "(2) In the event that a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required in order to determine whether a barter or Ante, p. 1486.
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