
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: 7USC1731]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
           SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
 
Sec. 1731. Commodity determinations


(a) Availability of commodities

    No agricultural commodity shall be available for disposition under 
this chapter if the Secretary determines that the disposition would 
reduce the domestic supply of the commodity below the supply needed to 
meet domestic requirements and provide adequate carryover (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.

(b) 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.

(c) Market development activities

    Subsection (b)(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, Sec. 401, as added Pub. L. 86-341, 
title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87-703, 
title II, Sec. 201(1), Sept. 27, 1962, 76 Stat. 610; Pub. L. 89-808, 
Sec. 2(E), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95-88, title II, 
Sec. 212, Aug. 3, 1977, 91 Stat. 551; Pub. L. 95-113, title XII, 
Sec. 1204, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96-53, title II, 
Sec. 208, Aug. 14, 1979, 93 Stat. 370; Pub. L. 101-624, title XV, 
Sec. 1512, Nov. 28, 1990, 104 Stat. 3645; Pub. L. 104-127, title II, 
Sec. 212, Apr. 4, 1996, 110 Stat. 955.)


                               Amendments

    1996--Pub. L. 104-127 added subsec. (a) and struck out former 
subsec. (a) which authorized Secretary, after consultation with other 
affected Federal agencies, to determine agricultural commodities and 
quantities thereof available for disposition, redesignated subsec. (e) 
as (b) and struck out former subsec. (b) which provided for modification 
of determination by Secretary, redesignated subsec. (f) as (c) and 
substituted ``(b)(1)'' for ``(e)(1)'', struck out former subsec. (c) 
which provided for nonavailability of commodities if domestic supply of 
such commodities was adversely affected, and struck out subsec. (d) 
which outlined policies for distribution of commodities to developing 
countries.
    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, Sec. 1163, Dec. 23, 1985, 99 Stat. 1499, 
as amended by Pub. L. 100-435, title I, Sec. 107, Sept. 19, 1988, 102 
Stat. 1651; Pub. L. 101-624, title I, Sec. 111, Nov. 28, 1990, 104 Stat. 
3380; Pub. L. 103-465, title IV, Sec. 411(c), Dec. 8, 1994, 108 Stat. 
4963, provided that:
    ``(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.]

                  Section Referred to in Other Sections

    This section is referred to in sections 1736, 1736f-1, 1736o of this 
title.
