
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC713a-14]

 
                      TITLE 15--COMMERCE AND TRADE
 
                      CHAPTER 15--ECONOMIC RECOVERY
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 713a-14. Dairy export incentive program


(a) Establishment and operation

    During the period beginning 60 days after December 23, 1985, and 
ending on December 31, 2002, the Commodity Credit Corporation shall 
establish and operate an export incentive program as described in this 
section for dairy products under section 714c of this title.

(b) Payments to entity that sells for export United States dairy 
        products; bid basis; criteria for acceptance or rejection of 
        bids

    The program established under subsection (a) of this section shall 
provide for the Corporation to make payments, on a bid basis, to an 
entity that sells for export United States dairy products. The Secretary 
shall have sole discretion to accept or reject bids under such criteria 
as the Secretary deems appropriate.

(c) Rules and regulations

    The program shall be operated under such rules and regulations 
issued by the Secretary as the Secretary deems necessary to ensure, 
among other things, that--
        (1) payments may be made under the program only on the quantity 
    of dairy products sold by an entity for export in any year that is 
    in addition to, and not in place of, any export sales of dairy 
    products that the entity would otherwise make in the absence of the 
    program;
        (2) to the extent practicable, dairy products sold for export 
    under the program will not displace commercial export sales of 
    United States dairy products by other exporters;
        (3) the maximum volume of dairy product exports allowable 
    consistent with the obligations of the United States as a member of 
    the World Trade Organization is exported under the program each year 
    (minus the volume sold under section 1163 of the Food Security Act 
    of 1985 (Public Law 99-198; 7 U.S.C. 1731 note) during that year), 
    except to the extent that the export of such a volume under the 
    program would, in the judgment of the Secretary, exceed the 
    limitations on the value set forth in subsection (f) of this 
    section; and
        (4) payments may be made under the program for exports to any 
    destination in the world for the purpose of market development, 
    except a destination in a country with respect to which shipments 
    from the United States are otherwise restricted by law.

(d) Payments under program to be made in cash or commodities

    (1) The regulations issued by the Secretary may provide for payments 
under the program to be made in cash or in commodities of equal value 
that are available in Commodity Credit Corporation stock.
    (2) If payments in commodities are authorized, such payments shall 
be made through the issuance of generic certificates redeemable in 
commodities.
    (3) If generic certificates issued in accordance with the program 
provided for by this section are exchanged for dairy products owned by 
the Commodity Credit Corporation, the regulations issued by the 
Secretary shall ensure that--
        (A) such dairy products, or an equal quantity of other dairy 
    products, will be sold for export by the entity; and
        (B) any such export sales by the entity--
            (i) will be in addition to, and not in place of, export 
        sales of dairy products that the entity would otherwise make 
        under the program or in the absence of the program; and
            (ii) to the extent practicable, will not displace commercial 
        export sales of United States dairy products by other exporters.

(e) Payment rates; publication in Federal Register or other public 
        announcement

    (1) The payments made under the program shall be made at a rate or 
rates established or approved by the Secretary, taking into 
consideration, among other things the type of product to be exported, 
the domestic price of dairy products, the world price of the dairy 
products, and any additional amount that may be required to assist in 
the development of world markets for United States dairy products.
    (2) Any such rate established or approved by the Secretary shall be 
published in the Federal Register or publicly announced through other 
appropriate means, and shall be at a level or levels as will encourage 
the exportation of United States dairy products by entities.

(f) Required funding

                           (1) In general

        Except as provided in paragraph (2), the Commodity Credit 
    Corporation shall in each year use money and commodities for the 
    program under this section in the maximum amount consistent with the 
    obligations of the United States as a member of the World Trade 
    Organization, minus the amount expended under section 1163 of the 
    Food Security Act of 1985 (Public Law 99-198; 7 U.S.C. 1731 note) 
    during that year.

                       (2) Volume limitations

        The Commodity Credit Corporation may not exceed the limitations 
    specified in subsection (c)(3) of this section on the volume of 
    allowable dairy product exports.

(Pub. L. 99-198, title I, Sec. 153, Dec. 23, 1985, 99 Stat. 1377; Pub. 
L. 100-418, title IV, Sec. 4308, Aug. 23, 1988, 102 Stat. 1399; Pub. L. 
100-435, title I, Sec. 106, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101-
624, title I, Sec. 114, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103-465, 
title IV, Sec. 411(b), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104-127, 
title I, Sec. 148, Apr. 4, 1996, 110 Stat. 920.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-127, Sec. 148(a), substituted 
``2002'' for ``2001''.
    Subsec. (b). Pub. L. 104-127, Sec. 148(b), inserted ``sole'' before 
``discretion''.
    Subsec. (c)(3), (4). Pub. L. 104-127, Sec. 148(c), added pars. (3) 
and (4).
    Subsec. (e)(1). Pub. L. 104-127, Sec. 148(d), substituted ``the 
world price'' for ``and world price'' and inserted before period at end 
``, and any additional amount that may be required to assist in the 
development of world markets for United States dairy products''.
    Subsec. (f). Pub. L. 104-127, Sec. 148(e), added subsec. (f).
    1994--Subsec. (a). Pub. L. 103-465 substituted ``2001'' for 
``1995''.
    1990--Subsec. (a). Pub. L. 101-624 substituted ``December 31, 1995'' 
for ``September 30, 1990''.
    1988--Subsec. (a). Pub. L. 100-435 substituted ``1990'' for 
``1989''.
    Subsec. (d)(2), (3). Pub. L. 100-418 amended pars. (2) and (3) 
generally. Prior to amendment pars. (2) and (3) read as follows:
    ``(2) If payments in commodities are authorized, such payments may 
be made through the issuance of certificates redeemable in commodities.
    ``(3) If payments are authorized to be made in dairy products, the 
regulations issued by the Secretary shall ensure that such dairy 
products, or an equal amount of other dairy products, will be sold for 
export by the entity and that any such export sales by the entity will 
be in addition to, and not in place of, export sales of dairy products 
that the entity would otherwise make under program or in the absence of 
the program, and, to the extent practicable, will not displace 
commercial export sales of United States dairy products by other 
exporters.''


                    Effective Date of 1994 Amendment

    Amendment 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.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-624 effective beginning with 1991 crop of 
an agricultural commodity, with provision for prior crops, see section 
1171 of Pub. L. 101-624, set out as a note under section 1421 of this 
title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-435 effective and implemented on Oct. 1, 
1988, see section 701(a) of Pub. L. 100-435, set out as a note under 
section 2012 of Title 7, Agriculture.

                  Section Referred to in Other Sections

    This section is referred to in title 7 section 7502; title 22 
section 7201.
