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§ 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, 2007, 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
(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
(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.
(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.
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