46 U.S.C. § 55315 — Minimum tonnage
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 134 words · no verdicts yet
This law sets a yearly minimum amount of farm commodities that must be exported under the programs listed in section 55314(b). That minimum is based on the average tonnage shipped over a past five-year period, dropping the highest and lowest years. The President can waive this minimum for reasons like unavailable funding.
(a) Definition. In this section, "base period" means the five fiscal years running from six years ago through two years ago.
(b) Requirement. Each fiscal year, there is a minimum amount of farm commodities that must be exported under the programs listed in section 55314(b). That minimum equals the average tonnage exported under those programs during the base period — but when calculating the average, the highest year and the lowest year are thrown out.
(c) Waivers. The President can waive this minimum for a given fiscal year. To do that, the President must decide, and report to Congress along with reasons, either that the required quantity cannot be used effectively for the programs' purposes, or — based on a certification from the Secretary of Agriculture — that the commodities aren't available, including because funds aren't available.
In this section, the term “base period” means the 5-year period running from the sixth through the second prior fiscal years.
For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in section 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years.
The President may waive the minimum quantity for a fiscal year under this section if the President determines and reports to Congress, together with reasons, that the quantity cannot be used effectively for the purposes of those programs or, based on a certification by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1646; Pub. L. 112–141, div. F, title I, § 100124(c)(1), July 6, 2012, 126 Stat. 915.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1646
- 2012Amended · Pub. L. 112-141 · 126 Stat. 915
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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