Page:United States Statutes at Large Volume 104 Part 5.djvu/357

This page needs to be proofread.

PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3679 calculation of acceptable bonus levels and for determining the amount of such costs actually incurred; and "(C) maintain consistent and effective controls and procedures for auditing and reviewing payment of bonuses and for securing refunds where appropriate. "(3) DISCLOSURE OF INFORMATION. —The Secretary may, notwithstanding the provisions of section 552 of title 5, United States Code, provide for withholding from the public the procedures and guidelines established under paragraphs (2)(A) and (B) if the Secretary determines that release of such information would adversely ^fect the operation of the program. Nothing in this paragraph shall be construed to authorize the withholding of information, including such procedures and guidelines, from the Congress. "(4) COMPETITIVE DISADVANTAGE. — The Secretary shall take such action as is necessary to ensure that equal treatment is provided to domestic and foreign purchasers and users of agricultural commodities in any case in which the importation of a manufactured product made, in whole or in part, from a commodity made available for export under this section would place domestic users of the commodity at a competitive disadvantage. "(5) DIFFERENT COMMODITIES. —The Commodity Credit Corporation may provide to an exporter, user, or processor, or foreign purchaser, under the program established under this section, agricultural commodities of a kind different than the agricultural commodity involved in the transaction for which assistance under this section is being provided. "(6) OTHER EXPORT PROGRAMS. —The Commodity Credit Corporation may provide bonuses under this section in conjunction with other export promotion programs conducted by the Secretary or the Commodity Credit Corporation. "(7) AVOIDANCE OF PREFERENTIAL APPLICATION.— When using the authorities of this section to promote the exporting of wheat, the Secretary shall make reasonable efforts to avoid giving a preference to one class of wheat disproportionately more than another class. "(8) DISPLACEMENT. — The Secretary shall avoid the displacement of usual marketings of United States agricultural commodities in carrying out this section. "(c) PRIORITY IN THE CASE OF LIVESTOCK.— In the case of proposals for bonuses for dairy cattle or other appropriate livestock, the Commodity Credit Corporation shall give priority to proposals that include, in connection with the purchase of the livestock, appropriate herd management training, veterinary services, nutritiongd training, and other technical assistance necessary for the adaptation of the livestock to foreign environments. "(d) INAPPUCABILTTY OF PRICE RESTRICTIONS. — Any price restrictions that otherwise may be applicable to dispositions of agricultural commodities owned by the Commodity Credit Corporation shall not apply to agricultural commodities provided under this section. "(e) FUNDING LEVELS. —The Commodity Credit (Dorporation shall make available for each of the fiscal years 1991 through 1995 not less than $500,000,000 of the funds or commodities of the Commodity Credit Corporation to carry out the prc^ram established under this section.