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US (United States) Code. Title 7. Chapter 87: Export promotion

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-CITE-

7 USC CHAPTER 87 - EXPORT PROMOTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

-HEAD-

CHAPTER 87 - EXPORT PROMOTION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

5601. Purpose.

5602. Definitions.

5603. Agricultural export promotion strategy.

(a) In general.

(b) Purpose of strategy.

(d) Priority markets.

5603a. Global market strategy.

(a) In general.

(b) Review.

5604. Preservation of traditional markets.

5605. Independence of authorities.

5606. Implementation of commitments under Uruguay Round Agreements.

5607. Exporter assistance initiative.

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

PART A - PROGRAMS

5621. Direct credit sales program.

(a) Short-term program.

(b) Intermediate-term program.

(d) Use of program.

(e) Terms of credit assistance.

(f) Restrictions.

5622. Export credit guarantee program.

(a) Short-term credit guarantees.

(b) Intermediate-term credit guarantees.

(d) Purpose of program.

(e) Restrictions on use of credit guarantees.

(f) Restrictions.

(g) Terms.

(h) United States agricultural commodities.

(i) Ineligibility of financial institutions.

(j) Conditions for fish and processed fish products.

(k) Processed and high-value products.

(l) Consultation on agricultural export credit

programs.

5623. Market access program.

(a) In general.

(b) Type of assistance.

(d) Eligible trade organizations.

(e) Approved marketing plan.

(f) Other terms and conditions.

(g) Level of marketing assistance.

5624. Barter of agricultural commodities.

(a) In general.

(b) Eligible commodities.

(d) Transfer of foreign products to other Government

agencies.

(e) Corporation authority not limited.

(f) Prohibited activities.

5625. Combination of programs.

PART B - IMPLEMENTATION

5641. Funding levels.

(a) Direct credit programs.

(b) Export credit guarantee programs.

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

5651. Export enhancement program.

(a) In general.

(b) Export bonus.

(d) Inapplicability of price restrictions.

(e) Funding levels.

(f) Effect on third countries.

(g) Consistency with international obligations.

(h) Priority funding for intermediate products.

5652. Relief from unfair trade practices.

(a) Use of programs.

(b) Consultations required.

5653. Equitable treatment of high-value and value-added United

States agricultural commodities.

SUBCHAPTER IV - GENERAL PROVISIONS

PART A - PROGRAM CONTROLS

5661. Program controls for export programs.

(a) Arrival certification.

(b) Diversion.

5662. Compliance provisions.

(a) Records.

(b) Violation.

(d) False certifications.

5663. Departmental administration system.

(a) In general.

(b) Accessibility of information.

5664. Repealed.

PART B - MISCELLANEOUS PROVISIONS

5671. Agricultural embargo protection.

(a) Prerequisites; scope of compensation.

(b) Amount of payments.

(d) Commodity Credit Corporation.

(e) Regulations.

5672. Development of plans to alleviate adverse impact of

embargoes.

5673. Contracting authority to expand agricultural export markets.

(a) In general.

(b) Not employees of United States.

5674. Trade consultations concerning imports.

(a) Consultation between agencies.

(b) Consultation with Trade Representative.

phytosanitary measures.

5675. Technical assistance in trade negotiations.

5676. Limitation on use of certain export promotion programs.

(a) In general.

(b) Vegetable oil.

(d) Regulations.

(e) Applicability.

5677. Trade compensation and assistance programs.

(a) In general.

(b) Compensation or provision of funds.

(d) Duration of program.

(e) Commodity Credit Corporation.

(f) Exception to carrying out program.

(g) Partial year embargoes.

(h) Short supply embargoes.

5678. Edward R. Madigan United States Agricultural Export

Excellence Award.

(a) Findings.

(b) Establishment.

(d) Presentation of award.

(e) Publication of award.

(f) Categories for which award may be given.

(g) Criteria for qualification.

(h) Board.

(i) Funding.

5679. Biotechnology and agricultural trade program.

(a) Establishment.

(b) Purpose.

(d) Funding.

5680. Technical assistance for specialty crops.

(a) Establishment.

(b) Purpose.

(d) Funding.

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

5691. Repealed.

5692. Administrator of Foreign Agricultural Service.

(a) Establishment.

(b) Duties.

5693. Duties of Foreign Agricultural Service.

5694. Staff of Foreign Agricultural Service.

(a) Personnel of Service.

(b) Rank of Foreign Agricultural Service officers in

foreign missions.

5695. Authorization of appropriations.

SUBCHAPTER VI - REPORTS

5711. Repealed.

5712. Export reporting and contract sanctity.

(a) Export sales reports.

(b) Failure to report.

5713. Other reports to Congress.

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

5721. ''Eligible trade organization'' defined.

5722. Foreign market development cooperator program.

(a) In general.

(b) Administration.

5723. Funding.

(a) In general.

(b) Program priorities.

-COD-

CODIFICATION

The Agricultural Trade Act of 1978, comprising this chapter, was

originally enacted as Pub. L. 95-501, Oct. 21, 1978, 92 Stat. 1685,

which enacted sections 1707b to 1707d, 1765a to 1765h, 1769, and

2211a of this title, amended sections 1707a, 1761, 1762, 1764,

1765, and 1766b of this title and section 5314 of Title 5,

Government Organization and Employees, redesignated sections

1762(d), (f), and 1763 as sections 1766a to 1766c of this title,

and enacted provisions set out as notes under sections 612c-3,

1761, and 2211a of this title and section 2431 of Title 19, Customs

Duties. The Act is shown herein, however, as having been added by

Pub. L. 101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat.

3668, because of the extensive amendments, renumbering,

reorganization of subject matter, and expansion of the basic Act's

provisions by Pub. L. 101-624.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 7201.

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7 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

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7 USC Sec. 5601 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5601. Purpose

-STATUTE-

It is the purpose of this chapter to increase the profitability

of farming and to increase opportunities for United States farms

and agricultural enterprises by -

(1) increasing the effectiveness of the Department of

Agriculture in agricultural export policy formulation and

implementation;

(2) improving the competitiveness of United States agricultural

commodities and products in the world market; and

(3) providing for the coordination and efficient implementation

of all agricultural export programs.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 101, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3669.)

-MISC1-

PRIOR PROVISIONS

A prior section 101 of Pub. L. 95-501 amended section 1707a of

this title prior to the complete revision of Pub. L. 95-501 by Pub.

L. 101-624.

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-465, title IV, Sec. 411(a)(1), Dec. 8, 1994, 108

Stat. 4962, provided that: ''This subsection (amending section 5651

of this title) may be cited as the 'Export Enhancement Program

Amendments of 1994'.''

SHORT TITLE

Section 1 of Pub. L. 95-501, as added by Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3669, provided that: ''This

Act (enacting this chapter) may be cited as the 'Agricultural Trade

Act of 1978'.''

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7 USC Sec. 5602 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5602. Definitions

-STATUTE-

As used in this chapter -

(1) Agricultural commodity

The term ''agricultural commodity'' means any agricultural

commodity, food, feed, fiber, or livestock (including livestock

as it is defined in section 1471(2) of this title and insects),

and any product thereof.

(2) Developing country

The term ''developing country'' means a country that -

(A) has a shortage of foreign exchange earnings and has

difficulty accessing sufficient commercial credit to meet all

of its food needs, as determined by the Secretary; and

(B) has the potential to become a commercial market for

agricultural commodities.

(3) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(4) Service

The term ''Service'' means the Foreign Agricultural Service of

the Department of Agriculture.

(5) Unfair trade practice

(A) In general

Subject to subparagraph (B), the term ''unfair trade

practice'' means any act, policy, or practice of a foreign

country that -

(i) violates, or is inconsistent with, the provisions of,

or otherwise denies benefits to the United States under, any

trade agreement to which the United States is a party;

(ii) in the case of a monopolistic state trading enterprise

engaged in the export sale of an agricultural commodity,

implements a pricing practice that is inconsistent with sound

commercial practice;

(iii) provides a subsidy that -

(I) decreases market opportunities for United States

exports; or

(II) unfairly distorts an agricultural market to the

detriment of United States exporters;

(iv) imposes an unfair technical barrier to trade,

including -

(I) a trade restriction or commercial requirement (such

as a labeling requirement) that adversely affects a new

technology (including biotechnology); and

(II) an unjustified sanitary or phytosanitary restriction

(including any restriction that, in violation of the

Uruguay Round Agreements, is not based on scientific

principles; (FOOTNOTE 1)

(FOOTNOTE 1) So in original. There probably should be a closing

parenthesis.

(v) imposes a rule that unfairly restricts imports of

United States agricultural commodities in the administration

of tariff rate quotas; or

(vi) fails to adhere to, or circumvents any obligation

under, any provision of a trade agreement with the United

States.

(B) Consistency with 1974 Trade Act

Nothing in this chapter may be construed to authorize the

Secretary to make any determination regarding an unfair trade

practice that is inconsistent with section 2411 of title 19.

(6) United States

The term ''United States'' includes each of the States, the

District of Columbia, Puerto Rico, and the territories and

possessions of the United States.

(7) United States agricultural commodity

The term ''United States agricultural commodity'' means -

(A) an agricultural commodity or product entirely produced in

the United States; or

(B) a product of an agricultural commodity -

(i) 90 percent or more of the agricultural components of

which by weight, excluding packaging and added water, is

entirely produced in the United States; and

(ii) that the Secretary determines to be a high value

agricultural product.

For purposes of this paragraph, fish entirely produced in the

United States include fish harvested by a documented fishing

vessel as defined in title 46 in waters that are not waters

(including the territorial sea) of a foreign country.

(8) Independent states of the former Soviet Union

The term ''independent states of the former Soviet Union''

means the following: Armenia, Azerbaijan, Belarus, Georgia,

Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,

Turkmenistan, Ukraine, and Uzbekistan.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 102, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3669; amended Pub. L.

102-511, title VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3349; Pub.

L. 104-127, title II, Sec. 243(c), Apr. 4, 1996, 110 Stat. 967;

Pub. L. 107-171, title III, Sec. 3104(b), May 13, 2002, 116 Stat.

290.)

-MISC1-

AMENDMENTS

2002 - Par. (5)(A)(ii) to (vi). Pub. L. 107-171 added cls. (ii)

to (vi) and struck out former cl. (ii) which read as follows: ''is

unjustifiable, unreasonable, or discriminatory and burdens or

restricts United States commerce.''

1996 - Par. (7). Pub. L. 104-127 added subpars. (A) and (B) and

struck out former subpars. (A) and (B) which read as follows:

''(A) with respect to any agricultural commodity other than a

product of an agricultural commodity, an agricultural commodity

entirely produced in the United States; and

''(B) with respect to a product of an agricultural commodity -

''(i) a product all of the agricultural components of which are

entirely produced in the United States; or

''(ii) any other product the Secretary may designate that

contains any agricultural component that is not entirely produced

in the United States if -

''(I) such component is an added, de minimis component,

''(II) such component is not commercially produced in the

United States, and

''(III) there is no acceptable substitute for such component

that is commercially produced in the United States.''

1992 - Par. (1). Pub. L. 102-511, Sec. 702(a), substituted

''feed, fiber, or livestock (including livestock as it is defined

in section 1471(2) of this title and insects)'' for ''feed, or

fiber''.

Par. (8). Pub. L. 102-511, Sec. 702(b), added par. (8).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3293, 5679 of this title;

title 15 section 632; title 22 section 7201.

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7 USC Sec. 5603 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5603. Agricultural export promotion strategy

-STATUTE-

(a) In general

The Secretary shall develop a strategy for implementing Federal

agricultural export promotion programs that takes into account the

new market opportunities for agricultural products, including

opportunities that result from -

(1) the North American Free Trade Agreement and the Uruguay

Round Agreements;

(2) any accession to membership in the World Trade

Organization;

(3) the continued economic growth in the Pacific Rim; and

(4) other developments.

(b) Purpose of strategy

The strategy developed under subsection (a) of this section shall

encourage the maintenance, development, and expansion of export

markets for United States agricultural commodities and related

products, including high-value and value-added products.

The strategy developed under subsection (a) of this section shall

have the following goals:

(1) Increase the value of United States agricultural exports

each year.

(2) Increase the value of United States agricultural exports

each year at a faster rate than the rate of increase in the value

of overall world export trade in agricultural products.

(3) Increase the value of United States high-value and

value-added agricultural exports each year.

(4) Increase the value of United States high-value and

value-added agricultural exports each year at a faster rate than

the rate of increase in the value of overall world export trade

in high-value and value-added agricultural products.

(5) Ensure that to the extent practicable -

(A) all obligations undertaken in the Uruguay Round Agreement

on Agriculture that significantly increase access for United

States agricultural commodities are implemented to the extent

required by the Uruguay Round Agreements; or

(B) applicable United States laws are used to secure United

States rights under the Uruguay Round Agreement on Agriculture.

(d) Priority markets

(1) Identification of markets

In developing the strategy required under subsection (a) of

this section, the Secretary shall annually identify as priority

markets -

(A) those markets in which imports of agricultural products

show the greatest potential for increase; and

(B) those markets in which, with the assistance of Federal

export promotion programs, exports of United States

agricultural products show the greatest potential for increase.

(2) Identification of supporting offices

The President shall identify annually in the budget of the

United States Government submitted under section 1105 of title 31

each overseas office of the Foreign Agricultural Service that

provides assistance to United States exporters in each of the

priority markets identified under paragraph (1).

-SOURCE-

(Pub. L. 95-501, title I, Sec. 103, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3670; amended Pub. L.

102-237, title III, Sec. 308, Dec. 13, 1991, 105 Stat. 1856; Pub.

L. 104-127, title II, Sec. 241(a), Apr. 4, 1996, 110 Stat. 963.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 amended section generally, substituting

present provisions for provisions requiring development of

long-term agricultural trade strategy and providing for goals and

contents of strategy, establishment of priority markets, review of

strategy, confidentiality, withholding of information from

Congress, and termination of section on Dec. 31, 1995.

1991 - Subsec. (d)(2). Pub. L. 102-237 inserted a closing

parenthesis before period at end.

USE OF DEPARTMENT OF AGRICULTURE PROGRAMS FOR PROMOTION OF WOOD AND

PROCESSED WOOD PRODUCTS

Section 4404 of Pub. L. 100-418 provided that: ''The Secretary of

Agriculture shall actively use Department of Agriculture

concessional programs and export credit guarantee programs to

promote the export of wood and processed wood products.''

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7 USC Sec. 5603a 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5603a. Global market strategy

-STATUTE-

(a) In general

Not later than 180 days after May 13, 2002, and biennially

thereafter, the Secretary of Agriculture shall consult with the

Committee on Agriculture, and the Committee on International

Relations, of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate on the

formulation and implementation of a global market strategy for the

Department of Agriculture that, to the maximum extent practicable -

(1) identifies opportunities for the growth of agricultural

exports to overseas markets;

(2) ensures that the resources, programs, and policies of the

Department are coordinated with those of other agencies; and

(3) remove (FOOTNOTE 1) barriers to agricultural trade in

overseas markets.

(FOOTNOTE 1) So in original. Probably should be ''removes''.

(b) Review

The consultations under subsection (a) of this section shall

include a review of -

(1) the strategic goals of the Department; and

(2) the progress of the Department in implementing the

strategic goals through the global market strategy.

-SOURCE-

(Pub. L. 107-171, title III, Sec. 3206, May 13, 2002, 116 Stat.

301.)

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Agricultural Trade

Act of 1978 which comprises this chapter.

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7 USC Sec. 5604 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5604. Preservation of traditional markets

-STATUTE-

The Secretary shall, in implementing programs of the Department

of Agriculture intended to encourage or assist exports of

agricultural commodities, seek to preserve traditional markets for

United States agricultural commodities.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 104, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3672.)

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7 USC Sec. 5605 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5605. Independence of authorities

-STATUTE-

Each authority granted under this chapter shall be in addition

to, and not in lieu of, any authority granted to the Secretary or

the Commodity Credit Corporation under any other provision of law.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 105, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3672.)

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7 USC Sec. 5606 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5606. Implementation of commitments under Uruguay Round

Agreements

-STATUTE-

Not later than September 30 of each year, the Secretary shall

evaluate whether the obligations undertaken by foreign countries

under the Uruguay Round Agreement on Agriculture are being fully

implemented. If the Secretary has reason to believe (based on the

evaluation) that any foreign country, by not implementing the

obligations of the country, may be significantly constraining an

opportunity for United States agricultural exports, the Secretary

shall -

(1) submit the evaluation to the United States Trade

Representative; and

(2) transmit a copy of the evaluation to the Committee on

Agriculture, and the Committee on Ways and Means, of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry, and the Committee on Finance, of the Senate.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 106, as added Pub. L. 104-127, title

II, Sec. 242(a), Apr. 4, 1996, 110 Stat. 964.)

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7 USC Sec. 5607 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5607. Exporter assistance initiative

-STATUTE-

To provide a comprehensive source of information to facilitate

exports of United States agricultural commodities, the Secretary

shall maintain on a website on the Internet information to assist

exporters and potential exporters of United States agricultural

commodities.

-SOURCE-

(Pub. L. 95-501, title I, Sec. 107, as added Pub. L. 107-171, title

III, Sec. 3101, May 13, 2002, 116 Stat. 288.)

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7 USC SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

-HEAD-

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

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7 USC Part A - Programs 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Part A - Programs

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7 USC Sec. 5621 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Sec. 5621. Direct credit sales program

-STATUTE-

(a) Short-term program

To promote the sale of agricultural commodities, the Commodity

Credit Corporation may finance the commercial export sale of such

commodities from privately owned stocks on credit terms for not to

exceed a 3-year period.

(b) Intermediate-term program

Subject to subsection (c) of this section, to promote the sale of

agricultural commodities the Commodity Credit Corporation may

finance the commercial export sales of agricultural commodities

from privately owned stocks on credit terms for a period of not

less than 3 years nor in excess of 10 years in a manner that will

directly benefit United States agricultural producers.

The Commodity Credit Corporation shall not finance an export sale

under subsection (b) of this section unless the Secretary

determines that such sale will -

(1) develop, expand, or maintain the importing country as a

foreign market, on a long-term basis, for the commercial sale and

export of United States agricultural commodities, without

displacing normal commercial sales;

(2) improve the capability of the importing country to purchase

and use, on a long-term basis, United States agricultural

commodities; or

(3) otherwise promote the export of United States agricultural

commodities.

The reference in paragraphs (1) and (2) to ''on a long-term basis''

shall not apply in the case of determinations with respect to sales

to the independent states of the former Soviet Union.

(d) Use of program

(1) General uses

The Commodity Credit Corporation may use export sales financing

authorized under this section -

(A) to increase exports of agricultural commodities;

(B) to compete against foreign agricultural exports;

needs, particularly -

(i) developing countries; and

(ii) countries that are emerging markets that have

committed to carry out, or are carrying out, policies that

promote economic freedom, private domestic production of food

commodities for domestic consumption, and the creation and

expansion of efficient domestic markets for the purchase and

sale of agricultural commodities; and

(D) for such other purposes as the Secretary determines

appropriate consistent with the provisions of subsection (c) of

this section.

(2) General restrictions

Export sales financing authorized under this section shall not

be used for foreign aid, foreign policy, or debt rescheduling

purposes. The provisions of the cargo preference laws shall not

apply to export sales financed under this section.

(e) Terms of credit assistance

Any contract for the financing of exports by the Commodity Credit

Corporation under this section shall include -

(1) a requirement that repayment shall be made in dollars with

interest accruing thereon as determined appropriate by the

Secretary; and

(2) a requirement, if the Secretary determines such requirement

appropriate to protect the interests of the United States, that

an initial payment be made by the purchaser at the time of sale

or shipment of the agricultural commodity that is subject to the

contract.

(f) Restrictions

The Commodity Credit Corporation may not make export sales

financing authorized under this section available in connection

with sales of an agricultural commodity to any country that the

Secretary determines cannot adequately service the debt associated

with such sale.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 201, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3672; amended Pub. L.

102-511, title VII, Sec. 707(a)-(c), Oct. 24, 1992, 106 Stat. 3350,

3351; Pub. L. 104-127, title II, Sec. 277(c)(2), Apr. 4, 1996, 110

Stat. 979.)

-REFTEXT-

REFERENCES IN TEXT

The cargo preference laws, referred to in subsec. (d)(2), include

act Mar. 26, 1934, ch. 90, 48 Stat. 500, and act Aug. 26, 1954, ch.

936, 68 Stat. 832, which are classified to sections 1241-1 and

1241, respectively, of Title 46, Appendix, Shipping.

-MISC2-

PRIOR PROVISIONS

A prior section 201 of Pub. L. 95-501 enacted section 1707b of

this title prior to the complete revision of Pub. L. 95-501 by Pub.

L. 101-624.

AMENDMENTS

1996 - Subsec. (d)(1)(C)(ii). Pub. L. 104-127 substituted

''emerging markets'' for ''emerging democracies''.

1992 - Subsec. (c). Pub. L. 102-511, Sec. 707(a), inserted

sentence at end.

Subsec. (d)(1)(C). Pub. L. 102-511, Sec. 707(b), amended subpar.

''to assist countries, particularly developing countries, in

meeting their food and fiber needs; and''.

Subsec. (f). Pub. L. 102-511, Sec. 707(c), added subsec. (f).

REGULATIONS

Section 707(d) of Pub. L. 102-511 required Secretary of

Agriculture to issue final regulations to implement this section

not later than 30 days after Oct. 24, 1992, prior to repeal by Pub.

L. 104-127, title II, Sec. 276, Apr. 4, 1996, 110 Stat. 977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5625, 5641, 5661, 5662 of

this title.

-CITE-

7 USC Sec. 5622 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Sec. 5622. Export credit guarantee program

-STATUTE-

(a) Short-term credit guarantees

(1) In general

The Commodity Credit Corporation may guarantee the repayment of

credit made available to finance commercial export sales of

agricultural commodities, including processed agricultural

products and high-value agricultural products, from privately

owned stocks on credit terms that do not exceed a 3-year period.

(2) Supplier credits

In carrying out this section, the Commodity Credit Corporation

may issue guarantees for the repayment of credit made available

for a period of not more than 180 days by a United States

exporter to a buyer in a foreign country.

(3) Extended supplier credits

(A) In general

Subject to the appropriation of funds under subparagraph (B),

in carrying out this section, the Commodity Credit Corporation

may issue guarantees for the repayment of credit made available

for a period of more than 180 days, but not more than 360 days,

by a United States exporter to a buyer in a foreign country.

(B) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to fund the additional costs attributable to the

portion of any guarantee issued under this paragraph to cover

the repayment of credit beyond the initial 180-day period.

(b) Intermediate-term credit guarantees

Subject to the provisions of subsection (c) of this section, the

Commodity Credit Corporation may guarantee the repayment of credit

made available by financial institutions in the United States to

finance commercial export sales of agricultural commodities,

including processed agricultural products and high-value

agricultural products, from privately owned stocks on credit terms

that are for not less than a 3-year period nor for more than a

10-year period in a manner that will directly benefit United States

agricultural producers.

The Commodity Credit Corporation shall not guarantee under

subsection (b) of this section the repayment of credit made

available to finance an export sale unless the Secretary determines

that such sale will -

(1) develop, expand, or maintain the importing country as a

foreign market, on a long-term basis, for the commercial sale and

export of United States agricultural commodities, without

displacing normal commercial sales;

(2) improve the capability of the importing country to purchase

and use, on a long-term basis, United States agricultural

commodities; or

(3) otherwise promote the export of United States agricultural

commodities.

The reference in paragraphs (1) and (2) to ''on a long-term basis''

shall not apply in the case of determinations with respect to sales

to the independent states of the former Soviet Union.

(d) Purpose of program

The Commodity Credit Corporation may use export credit guarantees

authorized under this section -

(1) to increase exports of agricultural commodities;

(2) to compete against foreign agricultural exports;

(3) to assist countries in meeting their food and fiber needs,

particularly -

(A) developing countries; and

(B) countries that are emerging markets that have committed

to carry out, or are carrying out, policies that promote

economic freedom, private domestic production of food

commodities for domestic consumption, and the creation and

expansion of efficient domestic markets for the purchase and

sale of agricultural commodities; and

(4) for such other purposes as the Secretary determines

appropriate, consistent with the provisions of subsection (c) of

this section.

(e) Restrictions on use of credit guarantees

Export credit guarantees authorized by this section shall not be

used for foreign aid, foreign policy, or debt rescheduling

purposes. The provisions of the cargo preference laws shall not

apply to export sales with respect to which credit is guaranteed

under this section.

(f) Restrictions

(1) In general

The Commodity Credit Corporation shall not make credit

guarantees available in connection with sales of agricultural

commodities to any country that the Secretary determines cannot

adequately service the debt associated with such sale.

(2) Criteria for determination

In making the determination required under paragraph (1) with

respect to credit guarantees under subsection (b) of this section

for a country, the Secretary may consider, in addition to

financial, macroeconomic, and monetary indicators -

(A) whether an International Monetary Fund standby agreement,

Paris Club rescheduling plan, or other economic restructuring

plan is in place with respect to the country;

(B) whether the country is addressing issues such as -

(i) the convertibility of the currency of the country;

(ii) adequate legal protection for foreign investments;

(iii) the viability of the financial markets of the

country; and

(iv) adequate legal protection for the private property

rights of citizens of the country; or

country to service the debt of the country.

(g) Terms

Export credit guarantees issued pursuant to this section shall

contain such terms and conditions as the Commodity Credit

Corporation determines to be necessary.

(h) United States agricultural commodities

The Commodity Credit Corporation shall finance or guarantee under

this section only United States agricultural commodities.

(i) Ineligibility of financial institutions

(1) In general

A financial institution shall be ineligible to receive an

assignment of a credit guarantee issued by the Commodity Credit

Corporation under this section if it is determined by the

Corporation, at the time of the assignment, that such financial

institution -

(A) is the financial institution issuing the letter of credit

or a subsidiary of such institution; or

(B) is owned or controlled by an entity that owns or controls

that financial institution issuing the letter of credit.

(2) Third country banks

The Commodity Credit Corporation may guarantee under

subsections (a) and (b) of this section the repayment of credit

made available to finance an export sale irrespective of whether

the obligor is located in the country to which the export sale is

destined.

(j) Conditions for fish and processed fish products

In making available any guarantees of credit under this section

in connection with sales of fish and processed fish products, the

Secretary shall make such guarantees available under terms and

conditions that are comparable to the terms and conditions that

apply to guarantees provided with respect to sales of other

agricultural commodities under this section.

(k) Processed and high-value products

(1) In general

In issuing export credit guarantees under this section, the

Commodity Credit Corporation shall, subject to paragraph (2),

ensure that not less than 25 percent for each of fiscal years

1996 and 1997, 30 percent for each of fiscal years 1998 and 1999,

and 35 percent for each of fiscal years 2000 through 2007, of the

total amount of credit guarantees issued for a fiscal year is

issued to promote the export of processed or high-value

agricultural products and that the balance is issued to promote

the export of bulk or raw agricultural commodities.

(2) Limitation

The percentage requirement of paragraph (1) shall apply for a

fiscal year to the extent that a reduction in the total amount of

credit guarantees issued for the fiscal year is not required to

meet the percentage requirement.

(l) Consultation on agricultural export credit programs

The Secretary and the United States Trade Representative shall

consult on a regular basis with the Committee on Agriculture, and

the Committee on International Relations, of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on the status of multilateral negotiations

regarding agricultural export credit programs.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 202, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3673; amended Pub. L.

102-237, title III, Sec. 334, Dec. 13, 1991, 105 Stat. 1859; Pub.

L. 102-511, title VII, Sec. 708, 709(a), Oct. 24, 1992, 106 Stat.

3351; Pub. L. 104-127, title II, Sec. 243(a), 277(c)(3), Apr. 4,

1996, 110 Stat. 965, 979; Pub. L. 107-171, title III, Sec.

3102(a)-(c), May 13, 2002, 116 Stat. 289.)

-REFTEXT-

REFERENCES IN TEXT

The cargo preference laws, referred to in subsec. (e), include

act Mar. 26, 1934, ch. 90, 48 Stat. 500, and act Aug. 26, 1954, ch.

936, 68 Stat. 832, which are classified to sections 1241-1 and

1241, respectively, of Title 46, Appendix, Shipping.

-MISC2-

PRIOR PROVISIONS

A prior section 202 of Pub. L. 95-501 enacted section 1707c of

this title prior to the complete revision of Pub. L. 95-501 by Pub.

L. 101-624.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-171, Sec. 3102(a), added par.

(3).

Subsec. (k)(1). Pub. L. 107-171, Sec. 3102(b), substituted

''through 2007'' for '', 2001, and 2002''.

Subsec. (l). Pub. L. 107-171, Sec. 3102(c), added subsec. (l)

1996 - Subsec. (a). Pub. L. 104-127, Sec. 243(a)(1), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Subsec. (d)(3)(B). Pub. L. 104-127, Sec. 277(c)(3), substituted

''emerging markets'' for ''emerging democracies''.

Subsec. (f). Pub. L. 104-127, Sec. 243(a)(2), designated existing

provisions as par. (1), inserted heading, and added par. (2).

Subsec. (h). Pub. L. 104-127, Sec. 243(a)(3), added subsec. (h)

and struck out heading and text of former subsec. (h). Text read as

follows: ''The Commodity Credit Corporation shall finance or

guarantee under this section only United States agricultural

commodities. The Commodity Credit Corporation shall not finance or

guarantee under this section the value of any foreign agricultural

component.''

Subsec. (i). Pub. L. 104-127, Sec. 243(a)(4), designated existing

provisions as par. (1), inserted heading, struck out former par.

(1) which read as follows: ''is not in a sound financial

condition;'', redesignated pars. (2) and (3) as subpars. (A) and

(B), respectively, of par. (1), and added par. (2).

Subsec. (k). Pub. L. 104-127, Sec. 243(a)(5), added subsec. (k)

and struck out heading and text of former subsec. (k). Text read as

follows:

''(1) In general. - In issuing export credit guarantees under

this section in connection with sales to the independent states of

the former Soviet Union, the Commodity Credit Corporation shall, to

the extent practicable and subject to paragraph (2), ensure that no

less than 35 percent of the total amount of credit guarantees

issued for a fiscal year are issued to promote the export of

processed and high-value agricultural products and that the balance

are issued to promote the export of bulk or raw agricultural

commodities.

''(2) Limitation. - The 35 percent requirement of paragraph (1)

shall apply for a fiscal year only to the extent that the

percentage of the total amount of credit guarantees issued for that

fiscal year under this section to promote the export to all

countries of processed and high-value agricultural products is less

than 25 percent.''

1992 - Subsecs. (a), (b). Pub. L. 102-511, Sec. 709(a)(1),

inserted '', including processed agricultural products and

high-value agricultural products,'' after ''agricultural

commodities''.

Subsec. (c). Pub. L. 102-511, Sec. 708(a), inserted sentence at

end.

Subsec. (d)(3). Pub. L. 102-511, Sec. 708(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''to

assist countries, particularly developing countries, in meeting

their food and fiber needs; and''.

Subsec. (k). Pub. L. 102-511, Sec. 709(a)(2), added subsec. (k).

1991 - Subsec. (i). Pub. L. 102-237 substituted ''issued by the

Commodity Credit Corporation under this section if it is determined

by the Corporation, at the time of the assignment, that'' for ''or

proceeds payable under a credit guarantee issued by the Commodity

Credit Corporation under this section if it is determined by the

Corporation that''.

REGULATIONS

Section 243(d) of Pub. L. 104-127 provided that: ''Not later than

180 days after the date of enactment of this Act (Apr. 4, 1996),

the Secretary of Agriculture shall issue regulations to carry out

the amendments made by this section (amending this section and

sections 5602 and 5641 of this title).''

PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS

Pub. L. 101-624, title XV, Sec. 1542, Nov. 28, 1990, 104 Stat.

3691, as amended by Pub. L. 102-237, title III, Sec. 338, Dec. 13,

1991, 105 Stat. 1859; Pub. L. 102-511, title VII, Sec. 706, Oct.

24, 1992, 106 Stat. 3350; Pub. L. 103-182, title III, Sec. 321(g),

Dec. 8, 1993, 107 Stat. 2112; Pub. L. 104-127, title II, Sec.

277(a), 278, Apr. 4, 1996, 110 Stat. 977, 979; Pub. L. 107-171,

title III, Sec. 3203, May 13, 2002, 116 Stat. 300, provided that:

''(a) Funding. - The Commodity Credit Corporation shall make

available for fiscal years 1996 through 2007 not less than

$1,000,000,000 of direct credits or export credit guarantees for

exports to emerging markets under section 201 or 202 of the

Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622), in

addition to the amounts acquired or authorized under section 211 of

the Act (7 U.S.C. 5641) for the program.

''(b) Facilities and Services. - A portion of such export credit

guarantees shall be made available for -

''(1) the establishment or improvement of facilities, or

''(2) the provision of services or United States produced

goods,

in emerging markets by United States persons to improve handling,

marketing, processing, storage, or distribution of imported

agricultural commodities and products thereof if the Secretary of

Agriculture determines that such guarantees will primarily promote

the export of United States agricultural commodities (as defined in

section 102(7) of the Agricultural Trade Act of 1978 (7 U.S.C.

5602(7))). The Commodity Credit Corporation shall give priority

under this subsection to -

''(A) projects that encourage the privatization of the

agricultural sector or that benefit private farms or cooperatives

in emerging markets; and

''(B) projects for which nongovernmental persons agree to

assume a relatively larger share of the costs.

''(c) Consultations. - Before the authority under this section is

exercised, the Secretary of Agriculture shall consult with

exporters of United States agricultural commodities (as defined in

section 102(7) of the Agricultural Trade Act of 1978 (7 U.S.C.

5602(7))), nongovernmental experts, and other Federal Government

agencies in order to ensure that facilities in an emerging market

for which financing is guaranteed under paragraph (1)(B) do not

primarily benefit countries which are in close geographic proximity

to that emerging market.

''(d) E (Kika) de la Garza Agricultural Fellowship Program. - The

Secretary of Agriculture (hereafter in this section referred to as

the 'Secretary') shall establish a program, to be known as the 'E

(Kika) de la Garza Agricultural Fellowship Program', to develop

agricultural markets in emerging markets and to promote cooperation

and exchange of information between agricultural institutions and

agribusinesses in the United States and emerging markets, as

follows:

''(1) Development of agricultural systems. -

''(A) In general. -

''(i) Establishment of program. - For each of the fiscal

years 1991 through 2007, the Secretary of Agriculture

(hereafter in this section referred to as the 'Secretary'),

in order to develop, maintain, or expand markets for United

States agricultural exports, is directed to make available to

emerging markets the expertise of the United States to make

assessments of the food and rural business systems needs of

such democracies (markets), make recommendations on measures

necessary to enhance the effectiveness of the systems,

including potential reductions in trade barriers, and

identify and carry out specific opportunities and projects to

enhance the effectiveness of those systems.

''(ii) Extent of program. - The Secretary shall implement

this paragraph with respect to at least 3 emerging markets in

each fiscal year.

''(B) Experts from the united states. - The Secretary may

implement the requirements of subparagraph (A) -

''(i) by providing assistance to teams consisting primarily

of agricultural consultants, farmers, other persons from the

private sector, and government officials expert in assessing

the food and rural business systems of other countries to

enable such teams to conduct the assessments, make the

recommendations, and identify the opportunities and projects

specified in subparagraph (A) in emerging markets;

''(ii) by providing necessary subsistence expenses in the

United States and necessary transportation expenses by

individuals designated by emerging markets to enable such

individuals to consult with food and rural business system

experts in the United States to enhance such systems of such

emerging markets; and

''(iii) by providing for necessary subsistence expenses in

emerging markets and necessary transportation expenses of

United States agricultural producers and other individuals

knowledgeable in agricultural and agribusiness matters to

assist in transferring their knowledge and expertise to

entities in emerging markets.

''(C) Cost-sharing. - The Secretary shall encourage the

nongovernmental experts described in subparagraph (B) to share

the costs of, and otherwise assist in, the participation of

such experts in the program under this paragraph.

''(D) Technical assistance. - The Secretary is authorized to

provide, or pay the necessary costs for, technical assistance

(including the establishment of extension services) to enable

individuals or other entities to implement the recommendations

or to carry out the opportunities and projects identified under

paragraph (1)(A). Notwithstanding any other provision of law,

the assistance shall include assistance for administrative and

overhead expenses of the International Cooperation and

Development Program Area of the Foreign Agriculture Service, to

the extent that the expenses were incurred pursuant to

reimbursable agreements entered into prior to September 30,

1993, the expenses do not exceed $2,000,000 per year, and the

expenses are not incurred for information technology systems.

''(E) Reports to secretary. - A team that receives assistance

under subparagraph (B) shall prepare such reports as the

Secretary may designate.

''(F) Advisory committee. - To provide the Secretary with

information that may be useful to the Secretary in carrying out

the provisions of this paragraph, the Secretary shall establish

an advisory committee composed of representatives of the

various sectors of the food and rural business systems of the

United States.

''(G) Use of ccc. - The Secretary shall implement this

paragraph through the funds and facilities of the Commodity

Credit Corporation. The authority provided under this paragraph

shall be in addition to and not in place of any other authority

of the Secretary or the Commodity Credit Corporation.

''(H) Level of assistance. - The Secretary shall provide

assistance under this paragraph of not more than $10,000,000 in

any fiscal year.

''(2) Agricultural information program. -

''(A) Establishment of program. - The Secretary shall

establish a program, administered to complement the emerging

markets export promotion program developed under this section,

to initiate and develop collaboration between the United States

Department of Agriculture, United States agribusinesses, and

appropriate agricultural institutions in emerging markets in

order to promote the exchange of information and resources that

will make a long-term contribution to the establishment of free

market food production and distribution systems in emerging

markets and the enhancement of agricultural trade with the

United States.

''(B) Implementation. - The Secretary shall draw on the

Department of Agriculture's experience to design, implement,

and evaluate, on a cost-sharing basis with cooperating

agricultural institutions, a program to -

''(i) compile, through contacts with the governments of

emerging markets and private sector officials in emerging

markets, a list of their agricultural institutions, including

the location, capabilities, and needs of the institutions;

''(ii) make such information available through an

appropriate agency of the Department of Agriculture to

agribusinesses and agricultural institutions in the United

States and other agencies of the United States Government;

and

''(iii) carry out a program -

''(I) to review available agricultural information resources, to

determine which would be useful for the purposes of this

program;

''(II) to arrange for the exchange of persons associated with such

agricultural institutions and agribusinesses with

experience or interest in the areas of need identified in

clause (i);

''(III) to help establish contacts between agricultural

entrepreneurs and businesses in the United States and

emerging markets, which may include individuals and

entities participating in the program established under

paragraph (1), to facilitate cooperation and joint

enterprises; and

''(IV) to provide for the exchange of administrators and faculty

members from agricultural and other institutions to

strengthen and revise educational programs in agricultural

economics, agribusiness, and agrarian law, to support

change towards a free market economy in emerging markets.

''(C) Consultation and coordination. - The Secretary shall

consult and coordinate with the Secretary of State and the

Agency for International Development in the formulation and

implementation of this program in conjunction with overall

assistance to emerging markets.

''(D) Authorization for appropriations. - There are

authorized to be appropriated such sums as may be necessary to

carry out the program established under this paragraph.

''(e) Foreign Debt Burdens. -

''(1) Effect of credits. - In carrying out the program

described in subsection (a), the Secretary of Agriculture shall

ensure that the credits for which repayment is guaranteed under

subsection (a) do not negatively affect the political and

economic situation in emerging markets by excessively adding to

the foreign debt burdens of such countries.

''(2) Consultation and report. - Subject to section 217 of the

Department of Agriculture Reorganization Act of 1994 (7 U.S.C.

6917), not later than 6 months after the effective date of this

title (Nov. 28, 1990), and not later than the end of each 6-month

period occurring thereafter, the Secretary of Agriculture, in

consultation with other appropriate Federal departments, shall

prepare and transmit to the Committee on Foreign Affairs (now

Committee on International Relations) and the Committee on

Agriculture of the House of Representatives, and the Committee on

Agriculture, Nutrition, and Forestry of the Senate a report to

assist the Congress in assessing the extent to which credits for

which repayment is guaranteed under subsection (a) meet the

requirements of paragraph (1). The report shall include -

''(A) the amount and allocation, by country, of credit

guarantees issued under subsection (a);

''(B) the aggregate foreign debt burdens of countries

receiving commodities or facilities under such credit

guarantees, expressed in terms of debt on account of

agricultural commodities or products thereof, or facilities for

which guarantees may be made under subsection (a)(1)(B), and

all other debt;

''(C) the activities of creditor governments and private

creditors to reschedule or reduce payments due on existing debt

owed to such creditors by a country in cases where such country

has been unable to fully meet its debt obligations; and

''(D) an analysis of -

''(i) the economic effects of the foreign debt burden of

each recipient country, and in particular the economic

effects on each recipient country of the credits for which

repayment is guaranteed under subsection (a); and

''(ii) the relationship between any negative economic

effects on any recipient country caused by its overall

foreign debt burden and debt incurred under subsection (a)

and such country's political stability.

''(f) Emerging Market. - In this section and section 1543 (7

U.S.C. 3293), the term 'emerging market' means any country that the

Secretary determines -

''(1) is taking steps toward a market-oriented economy through

the food, agriculture, or rural business sectors of the economy

of the country; and

''(2) has the potential to provide a viable and significant

market for United States agricultural commodities or products of

United States agricultural commodities.''

-EXEC-

PRESIDENTIAL DETERMINATION OF EMERGING DEMOCRACIES

Determination of President of the United States, No. 95-35, Aug.

10, 1995, 60 F.R. 44723, provided:

Pursuant to the authority vested in me by section 1542(f) of the

Food, Agriculture, Conservation and Trade Act of 1990, as amended

(7 U.S.C. 5622 note) (hereinafter ''the Act''), I hereby determine

that the following countries are taking the steps set forth in

section 1542(f) of the Act to qualify as emerging democracies for

purposes of that section:

Albania, Bangladesh, Belarus, Bosnia and Herzegovina, Bulgaria,

Cambodia, Croatia, Czech Republic, Egypt, El Salvador, Estonia, the

Former Yugoslav Republic of Macedonia, Ghana, Guatemala, Hungary,

Jordan, Kazakhstan, Latvia, Lithuania, Morocco, Namibia, Nicaragua,

Pakistan, Panama, the Philippines, Poland, Romania, Russia, Slovak

Republic, Slovenia, South Africa, Tanzania, Tunisia, Ukraine,

Yemen, and Zimbabwe.

In making this determination, I have considered the eligibility

only of those countries for which programs are underway or

currently contemplated by the Department of Agriculture.

The Secretary of State is authorized and directed to publish this

determination in the Federal Register. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5625, 5641, 5661, 5662 of

this title.

-CITE-

7 USC Sec. 5623 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Sec. 5623. Market access program

-STATUTE-

(a) In general

The Commodity Credit Corporation shall establish and carry out a

program to encourage the development, maintenance, and expansion of

commercial export markets for agricultural commodities through

cost-share assistance to eligible trade organizations that

implement a foreign market development program.

(b) Type of assistance

Assistance under this section may be provided in the form of

funds of, or commodities owned by, the Commodity Credit

Corporation, as determined appropriate by the Secretary.

To be eligible for cost-share assistance under this section, an

organization shall -

(1) be an eligible trade organization;

(2) prepare and submit a marketing plan to the Secretary that

meets the guidelines governing such plans established by the

Secretary; and

(3) meet any other requirements established by the Secretary.

(d) Eligible trade organizations

An eligible trade organization shall be -

(1) a United States agricultural trade organization or regional

State-related organization that promotes the export and sale of

agricultural commodities and that does not stand to profit

directly from specific sales of agricultural commodities;

(2) a cooperative organization or State agency that promotes

the sale of agricultural commodities; or

(3) a private organization that promotes the export and sale of

agricultural commodities if the Secretary determines that such

organization would significantly contribute to United States

export market development.

(e) Approved marketing plan

(1) In general

A marketing plan submitted by an eligible trade organization

under this section shall describe the advertising or other market

oriented export promotion activities to be carried out by the

eligible trade organization with respect to which assistance

under this section is being requested.

(2) Requirements

To be approved by the Secretary, a marketing plan submitted

under this subsection shall -

(A) specifically describe the manner in which assistance

received by the eligible trade organization in conjunction with

funds and services provided by the eligible trade organization

will be expended in implementing the marketing plan;

(B) establish specific market goals to be achieved as a

result of the market access program; and

by the Secretary to be necessary.

(3) Amendments

A marketing plan may be amended by the eligible trade

organization at any time, with the approval of the Secretary.

(4) Branded promotion

An agreement entered into under this section may provide for

the use of branded advertising to promote the sale of

agricultural commodities in a foreign country under such terms

and conditions as may be established by the Secretary.

(f) Other terms and conditions

(1) Multi-year basis

The Secretary may provide assistance under this section on a

multi-year basis, subject to annual review by the Secretary for

compliance with the approved marketing plan.

(2) Termination of assistance

The Secretary may terminate any assistance made, or to be made,

available under this section if the Secretary determines that -

(A) the eligible trade organization is not adhering to the

terms and conditions of the program established under this

section;

(B) the eligible trade organization is not implementing the

approved marketing plan or is not adequately meeting the

established goals of the market access program;

contributing its own resources to the market access program; or

(D) the Secretary determines that termination of assistance

in a particular instance is in the best interests of the

program.

(3) Evaluations

The Secretary shall monitor the expenditure of funds received

under this section by recipients of such funds. The Secretary

shall make evaluations of such expenditure, including -

(A) an evaluation of the effectiveness of the program in

developing or maintaining markets for United States

agricultural commodities;

(B) an evaluation of whether assistance provided under this

section is necessary to maintain such markets; and

the recipient.

The Secretary shall make an initial evaluation of expenditures of

a recipient not later than 15 months after the initial provision

of funds to the recipient.

(4) Use of funds

Funds made available to carry out this section -

(A) shall not be used to provide direct assistance to any

foreign for-profit corporation for the corporation's use in

promoting foreign-produced products;

(B) shall not be used to provide direct assistance to any

for-profit corporation that is not recognized as a

small-business concern described in section 632(a) of title 15,

excluding -

(i) a cooperative;

(ii) an association described in section 291 of this title;

and

(iii) a nonprofit trade association; and

cooperative, or small business for individual branded

promotional activity related to a United States branded

product, if the beneficiaries of the activity have provided

funds for the activity in an amount that is at least equivalent

to the amount of assistance provided under this section.

(g) Level of marketing assistance

(1) In general

The Secretary shall justify in writing the level of assistance

provided to an eligible trade organization under the program

under this section and the level of cost-sharing required of such

organization.

(2) Limitation

Assistance provided under this section for activities described

in subsection (e)(4) of this section shall not exceed 50 percent

of the cost of implementing the marketing plan, except that the

Secretary may determine not to apply such limitation in the case

of agricultural commodities with respect to which there has been

a favorable decision by the United States Trade Representative

under section 2411 of title 19. Criteria for determining that the

limitation shall not apply shall be consistent and documented.

(3) Staged reduction in assistance

In the case of participants that received assistance under

section 1736s of this title prior to November 28, 1990, and with

respect to which assistance under this section would be limited

under paragraph (2), any such reduction in assistance shall be

phased down in equal increments over a 5-year period.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 203, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3674; amended Pub. L.

102-237, title III, Sec. 309, Dec. 13, 1991, 105 Stat. 1856; Pub.

L. 103-66, title I, Sec. 1302(b)(1), Aug. 10, 1993, 107 Stat. 330;

Pub. L. 103-465, title IV, Sec. 411(d), Dec. 8, 1994, 108 Stat.

4963; Pub. L. 104-127, title II, Sec. 244(a)(1), (b), Apr. 4, 1996,

110 Stat. 967, 968.)

-REFTEXT-

REFERENCES IN TEXT

Section 1736s of this title, referred to in subsec. (g)(3), was

repealed by Pub. L. 101-624, title XV, Sec. 1572(3), Nov. 28, 1990,

104 Stat. 3702.

-MISC2-

PRIOR PROVISIONS

A prior section 203 of Pub. L. 95-501 enacted section 1707d of

this title prior to the complete revision of Pub. L. 95-501 by Pub.

L. 101-624.

AMENDMENTS

1996 - Pub. L. 104-127, Sec. 244(a)(1)(A), substituted ''access''

for ''promotion'' in section catchline.

Subsecs. (e)(2)(B), (f)(2)(B), (C). Pub. L. 104-127, Sec.

244(a)(1)(B), substituted ''market access program'' for ''marketing

promotion program''.

Subsec. (f)(4). Pub. L. 104-127, Sec. 244(b), added par. (4).

1994 - Subsec. (c). Pub. L. 103-465, Sec. 411(d)(1), struck out

par. (1) designation and heading, redesignated subpars. (A) to (C)

of former par. (1) as pars. (1) to (3), respectively, and realigned

margins, and struck out former par. (2) which related to assistance

to counter or offset adverse effects of subsidy, import quota, or

other unfair trade practice of foreign country, except in the case

of activities conducted by small entities operating through

regional State-related organizations.

Subsec. (f)(2)(C) to (E). Pub. L. 103-465, Sec. 411(d)(2),

inserted ''or'' at end of subpar. (C), redesignated subpar. (E) as

(D), and struck out former subpar. (D) which read as follows: ''the

unfair trade practice that was the basis of the provision of

assistance has been discontinued and marketing assistance is no

longer required to offset its effects; or''.

1993 - Subsec. (c)(2). Pub. L. 103-66 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

Secretary shall provide export assistance under this section on a

priority basis in the case of an unfair trade practice.''

1991 - Subsec. (g)(3). Pub. L. 102-237 substituted ''November 28,

1990,'' for ''the date of enactment of this Act''.

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.

PROHIBITION ON ASSISTANCE TO MINK ASSOCIATIONS

Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec. 718), Oct.

21, 1998, 112 Stat. 2681, 2681-27, as amended by Pub. L. 106-31,

title V, Sec. 5001(b), May 21, 1999, 113 Stat. 109, provided that:

''Hereafter, none of the funds made available in annual

appropriations Acts may be used to provide assistance to, or to pay

the salaries of personnel to carry out a market promotion/market

access program pursuant to section 203 of the Agricultural Trade

Act of 1978 (7 U.S.C. 5623) that provides assistance to the United

States Mink Export Development Council or any mink industry trade

association.''

SECRETARIAL ACTIONS TO ACHIEVE SAVINGS IN MARKET ACCESS PROGRAM;

REGULATIONS

Section 1302(b), (c) of Pub. L. 103-66, as amended by Pub. L.

104-127, title II, Sec. 244(a)(2)(A)(ii), Apr. 4, 1996, 110 Stat.

968, provided that:

''(b) Secretarial Actions To Achieve Savings. - In order to

enable the Secretary of Agriculture to achieve the savings required

in the market access program established by section 203 of the

Agricultural Trade Act of 1978 (7 U.S.C. 5623) as a result of the

amendments made by this section (amending this section and section

5641 of this title):

''(1) Unfair trade practices. - (Amended subsec. (c)(2) of this

section.)

''(2) Guidelines. - The Secretary of Agriculture should

implement changes in the market access program established by

section 203 of such Act, beginning with fiscal year 1994, in

order to improve the effectiveness of the program and to meet the

following objectives:

''(A) Priority. - In providing assistance for branded

promotion, the Secretary should give priority to small-sized

entities.

''(B) Graduation. - The Secretary should not provide

assistance under the program to promote a specific branded

product in a single market for more than 5 years unless the

Secretary determines that further assistance is necessary in

order to meet the objectives of the program.

''(C) Contribution level. -

''(i) In general. - The Secretary should require a minimum

contribution level of 10 percent from an eligible trade

organization that receives assistance for nonbranded

promotion.

''(ii) Increases in contribution level. - The Secretary may

increase the contribution level in any subsequent year that

an eligible trade organization receives assistance for

nonbranded promotion.

''(D) Additionality. - The Secretary should require each

participant in the program to certify that any Federal funds

received supplement, but do not supplant, private or third

party participant funds or other contributions to program

activities.

''(E) Independent audits. - If as a result of an evaluation

or audit of activities of a participant under the program, the

Secretary determines that a further review is justified in

order to ensure compliance with the requirements of the

program, the Secretary should require the participant to

contract for an independent audit of the program activities,

including activities of any subcontractor.

''(3) Tobacco. - No funds made available under the market

access program may be used for activities to develop, maintain,

or expand foreign markets for tobacco.

''(c) Regulations. - Not later than 90 days after the date of

enactment of this Act (Aug. 10, 1993), the Secretary of Agriculture

shall issue regulations to implement this section (amending this

section and section 5641 of this title) and the amendments made by

this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1638a, 5641, 5662 of this

title.

-CITE-

7 USC Sec. 5624 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Sec. 5624. Barter of agricultural commodities

-STATUTE-

(a) In general

The Secretary or the Commodity Credit Corporation may provide

eligible commodities in barter for foreign products under such

terms and conditions as the Secretary or the Corporation shall

prescribe.

(b) Eligible commodities

Unless otherwise specified, eligible commodities shall include -

(1) agricultural commodities acquired by the Commodity Credit

Corporation through price support operations; and

(2) agricultural commodities acquired by the Secretary or the

Commodity Credit Corporation in the normal course of business and

available for disposition.

(1) Purpose

The Secretary or the Commodity Credit Corporation shall

encourage exporters of agricultural commodities to barter such

commodities for foreign products -

(A) to acquire such foreign products needed by such

exporters; and

(B) to develop, maintain, or expand foreign markets for

United States agricultural exports.

(2) Eligible activities

The Secretary or the Commodity Credit Corporation may provide

eligible commodities to exporters to assist such exporters in

barter transactions.

(3) Technical assistance

The Secretary or the Commodity Credit Corporation shall provide

technical advice and assistance relating to the barter of

agricultural commodities to any United States exporter who

requests such advice or assistance.

(d) Transfer of foreign products to other Government agencies

The Secretary or the Commodity Credit Corporation may transfer

any foreign products that the Secretary or such Corporation obtains

through barter activities to other Government agencies if the

Corporation receives assurances that it will receive full

reimbursement from the agency within the same fiscal year in which

such transfer occurs.

(e) Corporation authority not limited

Nothing contained in this section shall limit the authority of

the Commodity Credit Corporation to acquire, hold, or dispose of

such foreign materials as such Corporation determines appropriate

in carrying out the functions and protecting the assets of the

Corporation.

(f) Prohibited activities

The Secretary or the Commodity Credit Corporation shall take

reasonable precautions to prevent the misuse of eligible

commodities in a barter or exchange program, including activities

that -

(1) displace or interfere with commercial sales of United

States agricultural commodities that otherwise might be made;

(2) unduly disrupt world prices of agricultural commodities or

the normal patterns of commercial trade with recipient countries;

(3) permit the resale or transshipment of eligible commodities

to countries other than the intended recipient country.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 204, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3676; amended Pub. L.

102-237, title III, Sec. 320, Dec. 13, 1991, 105 Stat. 1857.)

-MISC1-

AMENDMENTS

1991 - Subsec. (d). Pub. L. 102-237 amended heading and

substituted ''Government'' for ''government'' in text.

-CITE-

7 USC Sec. 5625 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part A - Programs

-HEAD-

Sec. 5625. Combination of programs

-STATUTE-

The Commodity Credit Corporation may carry out a program under

which commercial export credit guarantees available under section

5622 of this title are combined with direct credits from the

Commodity Credit Corporation under section 5621 of this title to

reduce the effective rate of interest on export sales of

agricultural commodities.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 205, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3677.)

-CITE-

7 USC Part B - Implementation 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part B - Implementation

-HEAD-

Part B - Implementation

-CITE-

7 USC Sec. 5641 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER II - AGRICULTURAL EXPORT PROGRAMS

Part B - Implementation

-HEAD-

Sec. 5641. Funding levels

-STATUTE-

(a) Direct credit programs

The Commodity Credit Corporation may make available for each

fiscal year such funds of the Commodity Credit Corporation as it

determines necessary to carry out any direct credit program

established under section 5621 of this title.

(b) Export credit guarantee programs

(1) Export credit guarantees

The Commodity Credit Corporation shall make available for each

of fiscal years 1996 through 2007 not less than $5,500,000,000 in

credit guarantees under subsections (a) and (b) of section 5622

of this title.

(2) Limitation on origination fee

Notwithstanding any other provision of law, the Secretary may

not charge an origination fee with respect to any credit

guarantee transaction under section 5622(a) of this title in

excess of an amount equal to 1 percent of the amount of credit to

be guaranteed under the transaction, except with respect to an

export credit guarantee transaction pursuant to section 1542(b)

of the Food, Agriculture, Conservation, and Trade Act of 1990

(Public Law 101-624; 7 U.S.C. 5622 note).

(1) In general

The Commodity Credit Corporation or the Secretary shall make

available for market access activities authorized to be carried

out by the Commodity Credit Corporation under section 5623 of

this title -

(A) in addition to any funds that may be specifically

appropriated to implement a market access program, not more

than $90,000,000 for fiscal year 2001, $100,000,000 for fiscal

year 2002, $110,000,000 for fiscal year 2003, $125,000,000 for

fiscal year 2004, $140,000,000 for fiscal year 2005, and

$200,000,000 for each of fiscal years 2006 and 2007, of the

funds of, or an equal value of commodities owned by, the

Commodity Credit Corporation; and

(B) any funds that may be specifically appropriated to carry

out a market access program under section 5623 of this title.

(2) Program priorities

In providing any amount of funds made available under paragraph

(1)(A) for any fiscal year that is in excess of the amount made

available under paragraph (1)(A) for fiscal year 2001, the

Secretary shall, to the maximum extent practicable -

(A) give equal consideration to -

(i) proposals submitted by organizations that were

participating organizations in prior fiscal years; and

(ii) proposals submitted by eligible trade organizations

that have not previously participated in the program

established under this subchapter; and

(B) give equal consideration to -

(i) proposals submitted for activities in emerging markets;

and

(ii) proposals submitted for activities in markets other

than emerging markets.

-SOURCE-

(Pub. L. 95-501, title II, Sec. 211, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3677; amended Pub. L.

103-66, title I, Sec. 1302(a), Aug. 10, 1993, 107 Stat. 330; Pub.

L. 104-127, title II, Sec. 243(b), 244(a)(2)(B), (c), Apr. 4, 1996,

110 Stat. 967, 968; Pub. L. 107-171, title III, Sec. 3102(d), 3103,

May 13, 2002, 116 Stat. 289.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-171, Sec. 3102(d), substituted

''2007'' for ''2002''.

Subsec. (c). Pub. L. 107-171, Sec. 3103, designated existing

provisions as par. (1), inserted heading, redesignated former pars.

(1) and (2) as subpars. (A) and (B), respectively, of par. (1),

added subpar. (A) and struck out former subpar. (A) relating to

funds available for market access activities authorized to be

carried out by the Commodity Credit Corporation for fiscal years

1991 through 2002, and added par. (2).

1996 - Subsec. (b). Pub. L. 104-127, Sec. 243(b), added subsec.

(b) and struck out former subsec. (b) which authorized short and

intermediate term export credit guarantees for each of fiscal years

1991 through 1995 and further provided for limitation on

origination fees for short-term guarantees.

Subsec. (c). Pub. L. 104-127, Sec. 244(a)(2)(B)(i), (ii),

substituted ''Market access programs'' for ''Marketing promotion

programs'' in heading and ''market access activities'' for ''market

promotion activities'' in introductory provisions.

Subsec. (c)(1). Pub. L. 104-127, Sec. 244(c), struck out ''and''

after ''1993,'' and substituted ''through 1995, and not more than

$90,000,000 for each of fiscal years 1996 through 2002,'' for

''through 1997,''.

Pub. L. 104-127, Sec. 244(a)(2)(B)(iii), substituted ''market

access program'' for ''market development program''.

Subsec. (c)(2). Pub. L. 104-127, Sec. 244(a)(2)(B)(iv),

substituted ''market access program'' for ''marketing promotion

program''.

1993 - Subsec. (c)(1). Pub. L. 103-66 substituted ''through 1993,

and not less than $110,000,000 for each of the fiscal years 1994

through 1997,'' for ''through 1995''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 244(c) of Pub. L. 104-127 provided that the amendment

made by that section is effective Oct. 1, 1995.

-CITE-

7 USC SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

-HEAD-

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

-CITE-

7 USC Sec. 5651 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

-HEAD-

Sec. 5651. Export enhancement program

-STATUTE-

(a) In general

The Commodity Credit Corporation shall carry out an export

enhancement program in accordance with this section to encourage

the commercial sale of United States agricultural commodities in

world markets at competitive prices. The program shall be carried

out in a market sensitive manner. Activities under the program

shall not be limited to responses to unfair trade practices.

(b) Export bonus

(1) In general

In carrying out the program established under this section, the

Commodity Credit Corporation may -

(A) make agricultural commodities, acquired by the Commodity

Credit Corporation, available to exporters, users, processors,

or foreign purchasers at no cost either directly or through the

issuance of commodity certificates; and

(B) make cash payments to exporters, users, and processors.

(2) Calculation of bonus levels

The Commodity Credit Corporation shall -

(A) maintain an established procedure for evaluating program

bonus requests, with guidelines for determining prevailing

market prices for targeted commodities and destinations to be

used in the calculation of acceptable bonus levels;

(B) use a clear set of established procedures for measuring

transportation and incidental costs to be used in the

calculation of acceptable bonus levels and for determining the

amount of such costs actually incurred; and

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, 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 affect 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.

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, nutritional training, and other technical assistance

necessary for the adaptation of the livestock to foreign

environments.

(d) Inapplicability 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

(1) In general

The Commodity Credit Corporation shall make available to carry

out the program established under this section not more than -

(A) $350,000,000 for fiscal year 1996;

(B) $250,000,000 for fiscal year 1997;

(D) $550,000,000 for fiscal year 1999;

(E) $579,000,000 for fiscal year 2000;

(F) $478,000,000 for fiscal year 2001; and

(G) $478,000,000 for each of fiscal years 2002 through 2007.

(2) Set-asides

(A) For each fiscal year, the Corporation shall, to the extent

practicable and subject to subparagraph (B), ensure that no less

than 25 percent of the total of -

(i) the funds expended, and

(ii) the value of any commodities made available,

under this section in connection with sales of agricultural

commodities to the independent states of the former Soviet Union

is used to promote the export of processed and high-value United

States agricultural products and that the balance of the funds

expended and commodities made available under this section in

connection with such sales is used to promote the export of bulk

or raw United States agricultural commodities.

(B) The 25 percent requirement of subparagraph (A) shall apply

for a fiscal year only to the extent that the percentage of the

total of -

(i) the funds expended, and

(ii) the value of commodities made available,

for that fiscal year under this section to promote the export to

all countries of processed and high-value United States

agricultural products is less than 15 percent.

(f) Effect on third countries

It is not the purpose of the program established under this

section to affect adversely the exports of fairly traded

agricultural commodities.

(g) Consistency with international obligations

Notwithstanding any other provision of this section, the

Commodity Credit Corporation shall administer and carry out the

program authorized by this section in a manner consistent, as

determined by the President, with the obligations undertaken by the

United States set forth in the Uruguay Round Agreements.

(h) Priority funding for intermediate products

(1) In general

Effective beginning in fiscal year 1996, and consistent, as

determined by the Secretary, with the obligations and reduction

commitments undertaken by the United States under the Uruguay

Round Agreements, the Secretary may make available not more than

$100,000,000 for each fiscal year under this section for the sale

of intermediate agricultural products in sufficient quantities to

attain the volume of export sales consistent with the volume of

intermediate agricultural products exported by the United States

during the Uruguay Round base period years of 1986 through 1990.

(2) Additional assistance

Notwithstanding paragraph (1), if the export sale of any

intermediate agricultural product attains the volume of export

sales consistent with the volume of the intermediate agricultural

product exported by the United States during the Uruguay Round

base period years of 1986 through 1990, the Secretary may make

available additional amounts under this section for the

encouragement of export sales of the intermediate agricultural

product.

-SOURCE-

(Pub. L. 95-501, title III, Sec. 301, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3678; amended Pub. L.

102-237, title III, Sec. 311, Dec. 13, 1991, 105 Stat. 1856; Pub.

L. 102-511, title VII, Sec. 709(b), Oct. 24, 1992, 106 Stat. 3352;

Pub. L. 103-465, title IV, Sec. 411(a)(3), (4), Dec. 8, 1994, 108

Stat. 4963; Pub. L. 104-127, title II, Sec. 245, Apr. 4, 1996, 110

Stat. 968; Pub. L. 107-171, title III, Sec. 3104(a), May 13, 2002,

116 Stat. 290.)

-MISC1-

PRIOR PROVISIONS

A prior section 301 of Pub. L. 95-501 amended sections 1761,

1762, 1764, and 1765 of this title prior to the complete revision

of Pub. L. 95-501 by Pub. L. 101-624.

AMENDMENTS

2002 - Subsec. (e)(1)(G). Pub. L. 107-171 substituted ''each of

fiscal years 2002 through 2007'' for ''fiscal year 2002''.

1996 - Subsec. (e)(1). Pub. L. 104-127, Sec. 245(a), added par.

(1) and struck out heading and text of former par. (1). Text read

as follows: ''The Commodity Credit Corporation shall make available

for each of the fiscal years 1991 through 2001 not less than

$500,000,000 of the funds or commodities of the Commodity Credit

Corporation to carry out the program established under this

section.''

Subsec. (h). Pub. L. 104-127, Sec. 245(b), added subsec. (h).

1994 - Subsec. (a). Pub. L. 103-465, Sec. 411(a)(3), amended

heading and text of subsec. (a) generally. Prior to amendment,

text read as follows: ''The Commodity Credit Corporation shall

carry out in accordance with this section a program to discourage

unfair trade practices by making United States agricultural

commodities, including processed agricultural products and

high-value agricultural products, competitive.''

Subsec. (e)(1). Pub. L. 103-465, Sec. 411(a)(4)(A), substituted

''2001'' for ''1995''.

Subsec. (g). Pub. L. 103-465, Sec. 411(a)(4)(B), added subsec.

(g).

1992 - Subsec. (a). Pub. L. 102-511, Sec. 709(b)(1), inserted '',

including processed agricultural products and high-value

agricultural products,'' after ''agricultural commodities''.

Subsec. (e). Pub. L. 102-511, Sec. 709(b)(2), designated existing

provisions as par. (1), inserted heading, and added par. (2).

1991 - Subsecs. (f), (g). Pub. L. 102-237 redesignated subsec.

(g) as (f).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 245(a) of Pub. L. 104-127 provided that the amendment

made by that section is effective Oct. 1, 1995.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5653, 5661, 5662 of this

title.

-CITE-

7 USC Sec. 5652 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

-HEAD-

Sec. 5652. Relief from unfair trade practices

-STATUTE-

(a) Use of programs

(1) In general

The Secretary may, for each article described in paragraph (2),

make available some or all of the commercial export promotion

programs of the Department of Agriculture and the Commodity

Credit Corporation to help mitigate or offset the effects of the

unfair trade practice serving as the basis for the proceeding

described in paragraph (2).

(2) Commodities specified

Paragraph (1) shall apply in the case of articles for which the

United States has instituted, under any international trade

agreement, any dispute settlement proceeding based on an unfair

trade practice if such proceeding has been prevented from

progressing to a decision by the refusal of the party maintaining

the unfair trade practice to permit the proceeding to progress.

(b) Consultations required

For any article described in subsection (a)(2) of this section,

the Secretary shall -

(1) promptly consult with representatives of the industry

producing such articles and other allied groups or individuals

regarding specific actions or the development of an integrated

marketing strategy utilizing some or all of the commercial export

programs of the Department of Agriculture and the Commodity

Credit Corporation to help mitigate or offset the effects of the

unfair trade practice identified in subsection (a)(2) of this

section; and

(2) ascertain and take into account the industry preference for

the practical use of available commercial export promotion

programs in implementing subsection (a)(1) of this section.

-SOURCE-

(Pub. L. 95-501, title III, Sec. 302, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3680.)

-CITE-

7 USC Sec. 5653 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER III - EXPORT ENHANCEMENT PROGRAM

-HEAD-

Sec. 5653. Equitable treatment of high-value and value-added United

States agricultural commodities

-STATUTE-

In the case of any program, such as that established under

section 5651 of this title, operated by the Secretary or the

Commodity Credit Corporation during the fiscal years 1991 through

1995, for the purpose of discouraging unfair trade practices, the

Secretary shall establish as an objective to expend annually at

least 25 percent of the total funds available (or 25 percent of the

value of any commodities employed) for program activities involving

the export sales of high-value agricultural commodities and

value-added products of United States agricultural commodities.

-SOURCE-

(Pub. L. 95-501, title III, Sec. 303, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3680.)

-CITE-

7 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-CITE-

7 USC Part A - Program Controls 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Program Controls

-HEAD-

Part A - Program Controls

-CITE-

7 USC Sec. 5661 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Program Controls

-HEAD-

Sec. 5661. Program controls for export programs

-STATUTE-

(a) Arrival certification

With respect to a commodity provided, or for which financing or a

credit guarantee or other assistance is made available, under a

program authorized in section 5621, 5622, or 5651 of this title,

the Commodity Credit Corporation shall require the exporter of the

commodity to maintain records of an official or customary

commercial nature or other documents as the Secretary may require,

and shall allow representatives of the Commodity Credit Corporation

access to the records or documents as needed, to verify the arrival

of the commodity in the country that is the intended destination of

the commodity.

(b) Diversion

The unauthorized diversion of commodities under the programs

authorized in sections 5621, 5622, and 5651 of this title is

prohibited. The Commodity Credit Corporation shall establish

procedures providing for the annual audit of a sufficient number of

export transactions under such programs to ensure that the

agricultural commodities that were the subject of such transactions

arrived in the country of destination as provided in the sales

agreement.

The failure of an exporter, seller or other person to comply with

the provisions of this section shall not affect the validity of any

credit guarantee or other obligation of the Commodity Credit

Corporation under the programs under this chapter with respect to

any exporter, seller, or person who had no knowledge of such

failure to comply at the time such exporter, seller, or person was

assigned the credit guarantee or at the time the Corporation

entered into such obligation.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 401, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3680; amended Pub. L.

104-127, title II, Sec. 246, Apr. 4, 1996, 110 Stat. 969.)

-MISC1-

PRIOR PROVISIONS

A prior section 401 of Pub. L. 95-501 enacted sections 1765a to

1765h and 1769 of this title, amended section 1766b of this title,

and redesignated sections 1762(d), (f), and 1763, as sections 1766a

to 1766c of this title prior to the complete revision of Pub. L.

95-501 by Pub. L. 101-624.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127 added subsec. (a) and struck

out heading and text of former subsec. (a). Text read as follows:

''With respect to commodities or other assistance provided, or for

which financing or credit guarantees are made available, under the

programs authorized in sections 5621, 5622, and 5651 of this title,

the Commodity Credit Corporation shall -

''(1) require the exporter to maintain records of an official

or customary commercial nature or other documents as the

Secretary may require, and have access to such documents or

records as needed to verify the arrival of agricultural

commodities exported in connection with such programs in the

countries that were the intended destination of such commodities;

and

''(2) obtain certification from the seller or exporter of

record of such commodities, that there were no corrupt payments

or extra sales services, or other items extraneous to the

transaction provided, financed, or guaranteed in connection with

the transaction, and that the transaction complied with

applicable United States law.''

-CITE-

7 USC Sec. 5662 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Program Controls

-HEAD-

Sec. 5662. Compliance provisions

-STATUTE-

(a) Records

(1) In general

In the administration of the programs established under

sections 5621, 5622, 5623, and 5651 of this title the Secretary

shall require by regulation each exporter or other participant

under the program to maintain all records concerning a program

transaction for a period of not to exceed 5 years after

completion of the program transaction, and to permit the

Secretary to have full and complete access, for such 5-year

period, to such records.

(2) Confidentiality

The personally identifiable information contained in reports

under subsection (a) of this section may be withheld in

accordance with section 552(b)(4) of title 5. Any officer or

employee of the Department of Agriculture who knowingly discloses

confidential information as defined by section 1905 of title 18

shall be subject to section 1905 of title 18. Nothing in this

subsection shall be construed to authorize the withholding of

information from Congress.

(b) Violation

If any exporter, assignee, or other participant has engaged in

fraud with respect to the programs authorized under this chapter,

or has otherwise violated program requirements under this chapter,

the Commodity Credit Corporation may -

(1) hold such exporter, assignee, or participant liable for any

and all losses to the Corporation resulting from such fraud or

violation;

(2) require a refund of any assistance provided to such

exporter, assignee, or participant plus interest, as determined

by the Secretary; and

(3) collect liquidated damages from such exporter, assignee, or

participant in an amount determined appropriate by the Secretary.

The provisions of this subsection shall be without prejudice to any

other remedy that is available under any other provision of law.

The Commodity Credit Corporation may suspend or debar for 1 or

more years any exporter, assignee, or other participant from

participation in one or more of the programs authorized by this

chapter if the Corporation determines, after opportunity for a

hearing, that such exporter, assignee, or other participant has

violated the terms and conditions of the program or of this chapter

and that the violation is of such a nature as to warrant suspension

or debarment.

(d) False certifications

The provisions of section 1001 of title 18 shall apply to any

false certifications issued under this chapter.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 402, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3681; amended Pub. L.

104-127, title II, Sec. 247, Apr. 4, 1996, 110 Stat. 969.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2), (3). Pub. L. 104-127 redesignated par. (3)

as (2) and struck out heading and text of former par. (2). Text

read as follows: ''The Secretary may require by regulation an

exporter or other participant in the programs to make records

available to the Secretary with respect to non-program transactions

if such records would pertain directly to the review of

program-related transactions undertaken by such exporter or

participant, as determined by the Secretary.''

-CITE-

7 USC Sec. 5663 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Program Controls

-HEAD-

Sec. 5663. Departmental administration system

-STATUTE-

(a) In general

With respect to each commercial export promotion program of the

Department of Agriculture or the Commodity Credit Corporation, the

Secretary shall -

(1) specify by regulation the criteria used to evaluate and

approve proposals for that program;

(2) establish a centralized system to permit the Foreign

Agricultural Service to provide the history and current status of

any proposal;

(3) provide for regular audits of program transactions to

determine compliance with program objectives and requirements;

and

(4) establish criteria to evaluate loans eligible for

guarantees by the Commodity Credit Corporation, so as to ensure

that the Corporation does not assume undue risk in providing such

guarantees.

(b) Accessibility of information

Information pertaining to the status of a particular proposal

shall be retrievable within the central system by appropriate

categories, as determined appropriate by the Secretary.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 403, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3682.)

-CITE-

7 USC Sec. 5664 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part A - Program Controls

-HEAD-

Sec. 5664. Repealed. Pub. L. 104-127, title II, Sec. 248, Apr. 4,

1996, 110 Stat. 969

-MISC1-

Section, Pub. L. 95-501, title IV, Sec. 404, as added Pub. L.

101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3682;

amended Pub. L. 102-237, title III, Sec. 312, Dec. 13, 1991, 105

Stat. 1856, related to regulations to implement export promotion

provisions.

-CITE-

7 USC Part B - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Part B - Miscellaneous Provisions

-CITE-

7 USC Sec. 5671 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5671. Agricultural embargo protection

-STATUTE-

(a) Prerequisites; scope of compensation

Notwithstanding any other provision of law, if -

(1) the President or other member of the executive branch of

the Federal Government causes the export of any agricultural

commodity to any country or area of the world to be suspended or

restricted for reasons of national security or foreign policy

under the Export Administration Act of 1979 (50 U.S.C. App. 2401

et seq.) or under any other provision of law;

(2) such suspension or restriction of the export of such

agricultural commodity is imposed other than in connection with a

suspension or restriction of all exports from the United States

to such country or area of the world; and

(3) sales of such agricultural commodity for export from the

United States to such country or area of the world during the

year preceding the year in which the suspension or restriction is

imposed exceeds 3 percent of the total sales of such commodity

for export from the United States to all foreign countries during

the year preceding the year in which the suspension or

restriction is in effect;

the Secretary shall compensate producers of the commodity involved

by making payments available to such producers, as provided in

subsection (b) of this section.

(b) Amount of payments

If the Secretary makes payments available to producers under

subsection (a) of this section, the amount of such payment shall be

determined -

(1) in the case of an agricultural commodity for which payments

are authorized to be made to producers under Title I of the

Agricultural Act of 1949 (7 U.S.C. 1441 et seq.), by multiplying

(A) the farm program payment yield for the producer or the

yield established for the farm for the commodity involved; by

(B) the crop acreage base established for the commodity; by

such commodity received by producers during the 60-day period

immediately following the date of the imposition of the

suspension or restriction is less than 100 percent of the

parity price for such commodity, as determined by the Secretary

on the date of the imposition of the suspension or restriction;

(2) in the case of other agricultural commodities for which

price support is authorized for producers under the Agricultural

Act of 1949 (7 U.S.C. 1421 et seq.), by multiplying the amount by

which the average market price per unit of such commodity

received by the producers during the 60-day period immediately

following the date of the imposition of the suspension or

restriction is less than 100 percent of the parity price for such

commodity, as determined by the Secretary on the date of the

imposition of the suspension or restriction, by the quantity of

such commodity sold by the producer during the period that the

suspension or restriction is in effect.

Payments under paragraph (1) of subsection (b) of this section

shall be made for each marketing year or part thereof during which

the suspension or restriction is in effect and shall be made in

equal amounts at 90-day intervals, beginning 90 days after the date

of the imposition of the suspension or restriction.

(d) Commodity Credit Corporation

The Secretary shall use the Commodity Credit Corporation in

carrying out the provisions of this section.

(e) Regulations

The Secretary may issue such regulations as are determined

necessary to carry out this section.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 411, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3682.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1979, referred to in subsec.

(a)(1), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,

which is classified principally to section 2401 et seq. of the

Appendix to Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 2401 of the Appendix to Title 50 and Tables.

The Agricultural Act of 1949, referred to in subsec. (b)(1), (2),

is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

title. Title I of the Act is classified generally to subchapter II

(Sec. 1441 et seq.) of chapter 35A of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1421 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5672 of this title.

-CITE-

7 USC Sec. 5672 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5672. Development of plans to alleviate adverse impact of

embargoes

-STATUTE-

To alleviate, to the maximum extent possible, the adverse impact

on farmers, elevator operators, common carriers, and exporters of

agricultural commodities of the President or other member of the

executive branch of the Federal Government causing the export of

any agricultural commodity to any country or area of the world to

be suspended or restricted, the Secretary of Agriculture shall -

(1) develop a comprehensive contingency plan that shall include

(A) an assessment of existing farm programs with a view to

determining whether such programs are sufficiently flexible to

enable the Secretary to efficiently and effectively offset the

adverse impact of such a suspension or restriction on farmers,

elevator operators, common carriers, and exporters of

commodities provided for under such programs;

(B) an evaluation of the kinds and availability of

information needed to determine, on an emergency basis, the

extent and severity of the impact of such a suspension or

restriction on producers, elevator operators, common carriers,

and exporters; and

if any, to which the impact of such a suspension or restriction

should be offset in the case of each of the sectors referred to

in paragraph (1)(B);

(2) for any suspension or restriction for which compensation is

not provided under section 5671 of this title, prepare and submit

to the appropriate Committees of Congress such recommendations

for changes in existing agricultural programs, or for new

programs, as the Secretary considers necessary to handle

effectively, efficiently, economically, and fairly the impact of

any such suspension or restriction;

(3) for any suspension or restriction for which compensation is

provided under section 5671 of this title, prepare and submit to

the appropriate Committees of Congress a plan for implementing

and administering section 5671 of this title; and

(4) require the Commodity Credit Corporation, prior to such

Corporation purchasing any contracts for the purpose of

offsetting the impact of a commodity suspension or restriction,

to -

(A) prepare an economic justification for each commodity

involved in the suspension or restriction to determine if such

a purchase is necessary;

(B) estimate any suspension- or restriction-related benefits

and detrimental effects to the exporters, and use both

estimates in determining the extent, if any, Federal assistance

is needed; and

commodities suspended or restricted from shipment and make such

purchases at prices at or near the current market prices.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 412, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3684.)

-CITE-

7 USC Sec. 5673 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5673. Contracting authority to expand agricultural export

markets

-STATUTE-

(a) In general

The Secretary may contract with individuals for services to be

performed outside the United States as the Secretary determines

necessary or appropriate for carrying out programs and activities

to maintain, develop, or enhance export markets for United States

agricultural commodities and products.

(b) Not employees of United States

Individuals referred to in subsection (a) of this section shall

not be regarded as officers or employees of the United States.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 413, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3685.)

-CITE-

7 USC Sec. 5674 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5674. Trade consultations concerning imports

-STATUTE-

(a) Consultation between agencies

The Secretary shall require consultation between the

Administrator of the Service and the heads of other appropriate

agencies and offices of the Department of Agriculture, including

the Administrator of the Animal and Plant Health Inspection

Service, prior to relaxing or removing any restriction on the

importation of any agricultural commodity into the United States.

(b) Consultation with Trade Representative

The Secretary shall consult with the United States Trade

Representative prior to relaxing or removing any restriction on the

importation of any agricultural commodity or a product thereof into

the United States.

The Secretary shall monitor the compliance of World Trade

Organization member countries with the sanitary and phytosanitary

measures of the Agreement on Agriculture of the Uruguay Round of

Multilateral Trade Negotiations of the General Agreement on Tariffs

and Trade. If the Secretary has reason to believe that any country

may have failed to meet the commitment on sanitary and

phytosanitary measures under the Agreement in a manner that

adversely impacts the exports of a United States agricultural

commodity, the Secretary shall -

(1) provide such information to the United States Trade

Representative of the circumstances surrounding the matter

arising under this subsection; and

(2) with respect to any such circumstances that the Secretary

considers to have a continuing adverse effect on United States

agricultural exports, report to the Committee on Agriculture, and

the Committee on Ways and Means, of the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry, and

the Committee on Finance, of the Senate -

(A) that a country may have failed to meet the sanitary and

phytosanitary commitments; and

(B) any notice given by the Secretary to the United States

Trade Representative.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 414, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L.

104-127, title II, Sec. 242(b), Apr. 4, 1996, 110 Stat. 965.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-127 added subsec. (c).

-CITE-

7 USC Sec. 5675 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5675. Technical assistance in trade negotiations

-STATUTE-

The Secretary shall provide technical services to the United

States Trade Representative on matters pertaining to agricultural

trade and with respect to international negotiations on issues

related to agricultural trade.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 415, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3685.)

-CITE-

7 USC Sec. 5676 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5676. Limitation on use of certain export promotion programs

-STATUTE-

(a) In general

The Secretary may provide that a person shall be ineligible for

participation in an export program established under title I of the

Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.

1701 et seq.), or in any other export credit, credit guarantee,

bonus, or other export program carried out through, or administered

by, the Commodity Credit Corporation or carried out with funds made

available pursuant to section 612c of this title with respect to

the export of any agricultural commodity or product that has been

or will be used as the basis for a claim of a refund, as drawback,

pursuant to section 1313(j)(2) of title 19, of any duty, tax, or

fee imposed under Federal law on an imported commodity or product.

(b) Vegetable oil

A person shall be ineligible for participation in any of the

export programs referred to in subsection (a) of this section with

respect to the export of vegetable oil or a vegetable oil product

that has been or will be used as the basis for a claim of a refund,

as a drawback, pursuant to section 1313 of title 19, of any duty,

tax, or fee imposed under Federal law on an imported commodity or

product.

If the Secretary takes action under the authority granted under

subsection (a) of this section, a person applying to export any

agricultural commodity under the export programs referred to in

subsection (a) of this section shall certify that none of the

commodity has been or will be used as the basis of a claim for any

refund specified in subsection (a) of this section, except that

regardless of whether the Secretary takes action under the

authority granted under subsection (a) of this section, a person

applying to export any vegetable oil or vegetable oil product under

such programs shall certify that none of the vegetable oil or

vegetable oil product has been or will be used as the basis of a

claim for any refund specified in subsection (b) of this section.

(d) Regulations

The Secretary shall promulgate regulations to carry out this

section.

(e) Applicability

This section shall not apply to quantities of agricultural

commodities and products with respect to which an exporter has

entered into a contract, prior to November 28, 1990, for an export

sale.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 416, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L.

102-237, title III, Sec. 313, Dec. 13, 1991, 105 Stat. 1856.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.

454, as amended. Title I of the Act is classified generally to

subchapter II (Sec. 1701 et seq.) of chapter 41 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1691 of this title and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (e). Pub. L. 102-237 substituted ''November 28,

1990'' for ''the effective date of this section''.

-CITE-

7 USC Sec. 5677 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5677. Trade compensation and assistance programs

-STATUTE-

(a) In general

Except as provided in subsection (f) of this section,

notwithstanding any other provision of law, if, after April 4,

1996, the President or any other member of the executive branch

causes exports from the United States to any country to be

unilaterally suspended for reasons of national security or foreign

policy, and if within 90 days after the date on which the

suspension is imposed on United States exports no other country

with an agricultural economic interest agrees to participate in the

suspension, the Secretary shall carry out a trade compensation

assistance program in accordance with this section (referred to in

this section as a ''program'').

(b) Compensation or provision of funds

Under a program, the Secretary shall, based on an evaluation by

the Secretary of the method most likely to produce the greatest

compensatory benefit for producers of the commodity involved in the

suspension -

(1) compensate producers of the commodity by making payments

available to producers, as provided by subsection (c)(1) of this

section; or

(2) make available an amount of funds calculated under

subsection (c)(2) of this section, to promote agricultural

exports or provide agricultural commodities to developing

countries under any authorities available to the Secretary.

(1) Compensation

If the Secretary makes payments available to producers under

subsection (b)(1) of this section, the amount of the payment

shall be determined by the Secretary based on the Secretary's

estimate of the loss suffered by producers of the commodity

involved due to any decrease in the price of the commodity as a

result of the suspension.

(2) Determination of amount of funds

For each fiscal year of a program, the amount of funds made

available under subsection (b)(2) of this section shall be equal

to 90 percent of the average annual value of United States

agricultural exports to the country with respect to which exports

are suspended during the most recent 3 years prior to the

suspension for which data are available.

(d) Duration of program

For each suspension of exports for which a program is implemented

under this section, funds shall be made available under subsection

(b) of this section for each fiscal year or part of a fiscal year

for which the suspension is in effect, but not to exceed 3 fiscal

years.

(e) Commodity Credit Corporation

The Secretary shall use funds of the Commodity Credit Corporation

to carry out this section.

(f) Exception to carrying out program

This section shall not apply to any suspension of trade due to a

war or armed hostility.

(g) Partial year embargoes

If the Secretary makes funds available under subsection (b)(2) of

this section, regardless of whether an embargo is in effect for

only part of a fiscal year, the full amount of funds as calculated

under subsection (c)(2) of this section shall be made available

under a program for the fiscal year. If the Secretary determines

that making the required amount of funds available in a partial

fiscal year is impracticable, the Secretary may make all or part of

the funds required to be made available in the following fiscal

year (in addition to any funds otherwise required under a program

to be made available in the following fiscal year).

(h) Short supply embargoes

If the President or any other member of the executive branch

causes exports to be suspended based on a determination of short

supply, the Secretary shall carry out section 1310 of this title.

-SOURCE-

(Pub. L. 95-501, title IV, Sec. 417, as added Pub. L. 104-127,

title II, Sec. 249, Apr. 4, 1996, 110 Stat. 969.)

-CITE-

7 USC Sec. 5678 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5678. Edward R. Madigan United States Agricultural Export

Excellence Award

-STATUTE-

(a) Findings

Congress finds that -

(1) United States producers of agricultural products are some

of the most productive and efficient producers of agricultural

products in the world;

(2) continued growth and expansion of markets for United States

agricultural exports is crucial to the continued development and

economic well-being of rural areas of the United States and the

agricultural sector of the United States economy;

(3) in recent years, United States agricultural exports have

steadily increased, surpassing $54,000,000,000 in value in 1995;

(4) as United States agricultural producers move toward a

market-oriented system in which planting and other decisions by

producers are driven by national and international market

signals, developing new and expanding agricultural export markets

is vital to maintaining a vibrant and healthy agricultural sector

and rural economy; and

(5) a United States agricultural export excellence award will

increase United States agricultural exports by -

(A) identifying efforts of United States entities to develop

and expand markets for United States agricultural exports

through the development of new products and services and

through the use of innovative marketing techniques;

(B) recognizing achievements of those who have exhibited or

supported entrepreneurial efforts to expand and create new

markets for United States agricultural exports or increase the

volume or value of United States agricultural exports; and

develop and expand markets for United States agricultural

exports.

(b) Establishment

There is established the Edward R. Madigan United States

Agricultural Export Excellence Award, which shall be evidenced by a

medal bearing the inscription ''Edward R. Madigan United States

Agricultural Export Excellence Award''. The medal shall be of such

design and materials and bear such additional inscriptions as the

Secretary of Agriculture (referred to in this section as the

''Secretary'') may prescribe.

The President or the Secretary (on the basis of recommendations

received from the board established under subsection (h) of this

section) shall periodically provide the award to companies and

other entities that in the judgment of the President or the

Secretary substantially encourage entrepreneurial efforts in the

food and agriculture sector for advancing United States

agricultural exports.

(d) Presentation of award

The presentation of the award shall be made by the President or

the Secretary with such ceremonies as the President or the

Secretary considers proper.

(e) Publication of award

An entity to which an award is made under this section may

publicize the receipt of the award by the entity and use the award

in advertising of the entity.

(f) Categories for which award may be given

Separate awards shall be made to qualifying entities in each of

the following categories:

(1) Development of new products or services for agricultural

export markets.

(2) Development of new agricultural export markets.

(3) Creative marketing of products or services in agricultural

export markets.

(g) Criteria for qualification

An entity may qualify for an award under this section only if the

entity -

(1)(A) applies to the board established under subsection (h) of

this section in writing for the award; or

(B) is recommended for the award by a Governor of a State;

(2)(A) has exhibited significant entrepreneurial effort to

create new markets for United States agricultural exports or

increase United States agricultural exports; or

(B) has provided significant assistance to others in an effort

to create new markets for United States agricultural exports or

increase United States agricultural exports;

(3) has not received another award in the same category under

subsection (f) of this section during the preceding 5-year

period; and

(4) meets such other requirements and specifications as the

Secretary determines are appropriate to achieve the objectives of

this section.

(h) Board

(1) Selection

The Secretary shall appoint a board of evaluators, consisting

of at least 5 individuals from the private sector selected for

their knowledge and experience in exporting United States

agricultural products.

(2) Meetings

The board shall meet at least once annually to review and

evaluate all applicants and entities recommended by States under

subsection (g)(1) of this section.

(3) Recommendations of board

The board shall report its recommendations concerning the

making of the award to the Secretary.

(4) Term

Each member of the board may serve a term of not to exceed 3

years.

(i) Funding

The Secretary may seek and accept gifts from public and private

sources to carry out this section.

-SOURCE-

(Pub. L. 104-127, title II, Sec. 261, Apr. 4, 1996, 110 Stat. 972.)

-COD-

CODIFICATION

Section was enacted as part of the Federal Agriculture

Improvement and Reform Act of 1996, and not as part of the

Agricultural Trade Act of 1978 which comprises this chapter.

-CITE-

7 USC Sec. 5679 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5679. Biotechnology and agricultural trade program

-STATUTE-

(a) Establishment

There is established in the Department the biotechnology and

agricultural trade program.

(b) Purpose

The purpose of the program shall be to remove, resolve, or

mitigate significant regulatory nontariff barriers to the export of

United States agricultural commodities (as defined in section 5602

of this title) into foreign markets through public and private

sector projects funded by grants that address -

(1) quick response intervention regarding nontariff barriers to

United States exports involving -

(A) United States agricultural commodities produced through

biotechnology;

(B) food safety;

(D) other sanitary or phytosanitary concerns; or

(2) developing protocols as part of bilateral negotiations with

other countries on issues such as animal health, grain quality,

and genetically modified commodities.

Depending on need, as determined by the Secretary, activities

authorized under this section may be carried out through -

(1) this section;

(2) the emerging markets program under section 1542; (FOOTNOTE

1) or

(FOOTNOTE 1) See References in Text note below.

(3) the Cochran Fellowship Program under section 3293 of this

title.

(d) Funding

There is authorized to be appropriated $6,000,000 for each of

fiscal years 2002 through 2007.

-SOURCE-

(Pub. L. 101-624, title XV, Sec. 1543A, as added Pub. L. 107-171,

title III, Sec. 3204, May 13, 2002, 116 Stat. 300.)

-REFTEXT-

REFERENCES IN TEXT

Section 1542, referred to in subsec. (c)(2), is section 1542 of

title XV of Pub. L. 101-624, which is set out as a note under

section 5622 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the

Agricultural Trade Act of 1978 which comprises this chapter.

-CITE-

7 USC Sec. 5680 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER IV - GENERAL PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 5680. Technical assistance for specialty crops

-STATUTE-

(a) Establishment

The Secretary of Agriculture shall establish an export assistance

program (referred to in this section as the ''program'') to address

unique barriers that prohibit or threaten the export of United

States specialty crops.

(b) Purpose

The program shall provide direct assistance through public and

private sector projects and technical assistance to remove,

resolve, or mitigate sanitary and phytosanitary and related

barriers to trade.

The program shall address time sensitive and strategic market

access projects based on -

(1) trade effect on market retention, market access, and market

expansion; and

(2) trade impact.

(d) Funding

For each of fiscal years 2002 through 2007, the Secretary shall

make available $2,000,000 of the funds of, or an equal value of

commodities owned by, the Commodity Credit Corporation.

-SOURCE-

(Pub. L. 107-171, title III, Sec. 3205, May 13, 2002, 116 Stat.

301.)

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Agricultural Trade

Act of 1978 which comprises this chapter.

-CITE-

7 USC SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-CITE-

7 USC Sec. 5691 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

Sec. 5691. Repealed. Pub. L. 103-354, title II, Sec. 225(e)(1),

Oct. 13, 1994, 108 Stat. 3214

-MISC1-

Section, Pub. L. 95-501, title V, Sec. 501, as added Pub. L.

101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3686,

established position of Under Secretary of Agriculture for

International Affairs and Commodity Programs.

A prior section 501 of Pub. L. 95-501 enacted section 2211a of

this title, amended section 5314 of Title 5, Government

Organization and Employees, and enacted provisions set out as a

note under section 2211a of this title, prior to the complete

revision of Pub. L. 95-501 by Pub. L. 101-624.

-CITE-

7 USC Sec. 5692 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

Sec. 5692. Administrator of Foreign Agricultural Service

-STATUTE-

(a) Establishment

There is hereby established in the Department of Agriculture the

position of Administrator of the Foreign Agricultural Service.

(b) Duties

The Administrator of the Foreign Agricultural Service is

authorized to exercise such functions and perform such duties

related to foreign agriculture, and shall perform such other

duties, as may be required by law or prescribed by the Secretary of

Agriculture.

In carrying out the duties under this section, the Administrator

shall oversee the operations of the Foreign Agricultural Service,

the General Sales Manager, and the Agricultural AttacheAE1 Service.

-SOURCE-

(Pub. L. 95-501, title V, Sec. 502, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3686.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6912 of this title.

-CITE-

7 USC Sec. 5693 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

Sec. 5693. Duties of Foreign Agricultural Service

-STATUTE-

The Service shall assist the Secretary in carrying out the

agricultural trade policy and international cooperation policy of

the United States by -

(1) acquiring information pertaining to agricultural trade;

(2) carrying out market promotion and development activities;

(3) providing agricultural technical assistance and training;

and

(4) carrying out the programs authorized under this chapter,

the Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1691 et seq.), and other Acts.

-SOURCE-

(Pub. L. 95-501, title V, Sec. 503, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3686; amended Pub. L.

104-127, title II, Sec. 250, Apr. 4, 1996, 110 Stat. 971.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in par. (4), is act July 10, 1954, ch. 469, 68 Stat.

454, as amended, which is classified generally to chapter 41 (Sec.

1691 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1691 of

this title and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''Duties'' for

''Establishment'' in section catchline and amended text generally.

Prior to amendment, text read as follows: ''The Service shall

assist the Secretary in carrying out the agricultural trade policy

of the United States by acquiring information pertaining to

agricultural trade, carrying out market promotion and development

activities, and implementing the programs authorized in this

chapter, the Agricultural Trade Development and Assistance Act of

1954, and other Acts.''

STUDY ON FEE FOR SERVICES

Pub. L. 107-171, title III, Sec. 3208, May 13, 2002, 116 Stat.

302, provided that:

''(a) In General. - Not later than 1 year after the date of

enactment of this Act (May 13, 2002), the Secretary of Agriculture

shall submit to the Committee on Agriculture, and the Committee on

International Relations, of the House of Representatives and the

Committee on Agriculture, Nutrition and Forestry of the Senate a

report on the feasibility of instituting a program under which the

Secretary would charge and retain a fee to cover the costs incurred

by the Department of Agriculture, acting through the Foreign

Agricultural Service or any successor agency, in providing persons

with commercial services provided outside the United States.

''(b) Purpose of Program. - The purpose of a program described in

subsection (a) would be to supplement and not replace any services

currently offered overseas by the Foreign Agricultural Service.

''(c) Market Development Strategy. - A program under subsection

(b) would be part of an overall market development strategy for a

particular country or region.

''(d) Pilot Program. - A program under subsection (a) would be

established on a pilot basis to ensure that the program does not

disadvantage small- and medium-sized companies, including companies

that have never engaged in exporting.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6912 of this title.

-CITE-

7 USC Sec. 5694 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

Sec. 5694. Staff of Foreign Agricultural Service

-STATUTE-

(a) Personnel of Service

To ensure that the agricultural export programs of the United

States are carried out in an effective manner, the authorized

number of personnel for the Service shall not be less than 900

staff years each fiscal year.

(b) Rank of Foreign Agricultural Service officers in foreign

missions

Notwithstanding any other provision of law, the Secretary of

State shall, on the request of the Secretary of Agriculture, accord

the diplomatic title of Minister-Counselor to the senior Service

officer assigned to any United States mission abroad. The number

of Service officers holding such diplomatic title at any time may

not exceed twelve.

-SOURCE-

(Pub. L. 95-501, title V, Sec. 504, as added Pub. L. 101-624, title

XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3686.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (b) of this section appear

in the following appropriation acts:

Pub. L. 101-506, title IV, Nov. 5, 1990, 104 Stat. 1343.

Pub. L. 100-202, Sec. 101(k) (title IV, Sec. 401), Dec. 22, 1987,

101 Stat. 1329-322, 1329-350.

LANGUAGE PROFICIENCY AND EVALUATION OF FOREIGN AGRICULTURAL SERVICE

OFFICERS

Section 1556 of title XV of Pub. L. 101-624, as amended by Pub.

L. 104-127, title II, Sec. 281(b), Apr. 4, 1996, 110 Stat. 980,

provided that:

''(a) Assessment of Foreign Language Competence. - The Foreign

Agricultural Service shall revise its evaluation reports for its

Foreign Service officers so as to require in a separate entry an

assessment of the officer's effectiveness in using, in his or her

work, a foreign language or foreign languages tested at the General

Professional Speaking Proficiency level or above, in cases where

the supervisor is capable of making such an assessment.

''(b) Precedence in Promotion. - The Director of Personnel of the

Foreign Agricultural Service shall instruct promotion panels to

take account of language ability and, all criteria for promotion

otherwise being equal, to give precedence in promotions to officers

who have achieved at least the General Professional Speaking

Proficiency level in 1 or more foreign languages over officers who

lack that level of proficiency.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1748 of this title.

-CITE-

7 USC Sec. 5695 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER V - FOREIGN AGRICULTURAL SERVICE

-HEAD-

Sec. 5695. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated for the Service

such sums as may be necessary to carry out the provisions of this

subchapter.

-SOURCE-

(Pub. L. 95-501, title V, Sec. 505, formerly Sec. 506, as added

Pub. L. 101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat.

3687; renumbered Sec. 505, Pub. L. 102-237, title III, Sec. 314,

Dec. 13, 1991, 105 Stat. 1856.)

-CITE-

7 USC SUBCHAPTER VI - REPORTS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VI - REPORTS

-HEAD-

SUBCHAPTER VI - REPORTS

-CITE-

7 USC Sec. 5711 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VI - REPORTS

-HEAD-

Sec. 5711. Repealed. Pub. L. 104-127, title II, Sec. 241(c)(1),

Apr. 4, 1996, 110 Stat. 964

-MISC1-

Section, Pub. L. 95-501, title VI, Sec. 601, as added Pub. L.

101-624, title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3687;

amended Pub. L. 102-237, title III, Sec. 315, Dec. 13, 1991, 105

Stat. 1856, required Secretary to periodically prepare long-term

agricultural trade strategy reports.

-CITE-

7 USC Sec. 5712 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VI - REPORTS

-HEAD-

Sec. 5712. Export reporting and contract sanctity

-STATUTE-

(a) Export sales reports

(1) In general

All exporters of wheat and wheat flour, feed grains, oil seeds,

cotton, beef, and products thereof, and other commodities that

the Secretary may designate produced in the United States shall

report to the Secretary of Agriculture, on a weekly basis, the

following information regarding any contract for export sales

entered into or subsequently modified in any manner during the

reporting period:

(A) type, class, and quantity of the commodity sought to be

exported;

(B) the marketing year of shipment; and

(2) Confidentiality and compilation of reports

Individual reports shall remain confidential but shall be

compiled by the Secretary and published in compilation form each

week following the week of reporting.

(3) Immediate reporting

All exporters of agricultural commodities produced in the

United States shall, upon request of the Secretary, immediately

report to the Secretary any information with respect to export

sales of agricultural commodities and at such times as the

Secretary may request. When the Secretary requires that such

information be reported by exporters on a daily basis, the

information compiled from individual reports shall be made

available to the public daily.

(4) Monthly reporting permitted

The Secretary may, with respect to any commodity or type or

class thereof during any period in which the Secretary determines

that -

(A) there is a domestic supply of such commodity

substantially in excess of the quantity needed to meet domestic

requirements,

(B) total supplies of such commodity in the exporting

countries are estimated to be in surplus,

domestic supplies, and

(D) to require the reports to be made will unduly hamper

export sales,

provide for such reports by exporters and publishing of such data

to be on a monthly basis rather than on a weekly basis.

(b) Failure to report

Any person who knowingly fails to make any report required under

this section shall be fined not more than $25,000 or imprisoned for

not more than 1 year, or both.

Notwithstanding any other provision of law, the President shall

not prohibit or curtail the export of any agricultural commodity

under an export sales contract -

(1) that is entered into before the President announces an

action that would otherwise prohibit or curtail the export of the

commodity, and

(2) the terms of which require delivery of the commodity within

270 days after the date of the suspension of trade is imposed,

except that the President may prohibit or curtail the export of any

agricultural commodity during a period for which the President has

declared a national emergency or for which the Congress has

declared war.

-SOURCE-

(Pub. L. 95-501, title VI, Sec. 602, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3688; amended Pub. L.

102-237, title III, Sec. 327, Dec. 13, 1991, 105 Stat. 1858; Pub.

L. 106-78, title IX, Sec. 921, Oct. 22, 1999, 113 Stat. 1206.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by section 942 of Pub. L. 106-78,

see Termination Date of 1999 Amendment note below.

-MISC1-

PRIOR PROVISIONS

A prior section 602 of Pub. L. 95-501 enacted section 1765b-1 of

this title prior to the complete revision of Pub. L. 95-501 by Pub.

L. 101-624.

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-78, Sec. 921, 942, temporarily

inserted '', beef,'' after ''cotton'' in introductory provisions.

See Termination Date of 1999 Amendment note below.

1991 - Subsec. (a)(1). Pub. L. 102-237, Sec. 327(1), substituted

''designate produced'' for ''designate as produced'' in

introductory provisions.

Subsec. (a)(2). Pub. L. 102-237, Sec. 327(2), struck out ''in

accordance with subsection (c)'' after ''shall remain

confidential''.

TERMINATION DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-78 to terminate 5 years after Oct. 22,

1999, see section 942 of Pub. L. 106-78, set out in a Livestock

Mandatory Reporting note under section 1635 of this title.

-CITE-

7 USC Sec. 5713 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VI - REPORTS

-HEAD-

Sec. 5713. Other reports to Congress

-STATUTE-

Subject to section 6917 of this title, the Secretary shall, on a

quarterly basis, prepare and submit to the Committee on Agriculture

and the Committee on Foreign Affairs of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a report specifying the cumulative amount of

export assistance provided by the Commodity Credit Corporation and

the Secretary under the programs provided under this chapter, the

Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.),

and under the Agricultural Trade Development and Assistance Act of

1954 (7 U.S.C. 1691 et seq.) during the current fiscal year. Such

information may be provided in individual reports or in a

consolidated report.

-SOURCE-

(Pub. L. 95-501, title VI, Sec. 603, as added Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3689; amended Pub. L.

104-127, title II, Sec. 241(c)(2), 251, Apr. 4, 1996, 110 Stat.

964, 971.)

-REFTEXT-

REFERENCES IN TEXT

The Commodity Credit Corporation Charter Act, referred to in

text, is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended,

which is classified generally to subchapter II (Sec. 714 et seq.)

of chapter 15 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 714 of Title 15 and Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454,

as amended, which is classified generally to chapter 41 (Sec. 1691

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1691 of this

title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 603 of Pub. L. 95-501 enacted provisions set out

as a note under section 612c-3 of this title prior to the complete

revision of Pub. L. 95-501 by Pub. L. 101-624.

AMENDMENTS

1996 - Pub. L. 104-127, Sec. 251, in first sentence, substituted

''Subject to section 6917 of this title, the'' for ''The''.

Pub. L. 104-127, Sec. 241(c)(2), in last sentence, substituted

''or in a consolidated report'' for '', in a consolidated report,

or in the Long-Term Agricultural Trade Strategy Report (and annual

updates to such report) prepared under section 5711 of this

title''.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

7 USC SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT

COOPERATOR PROGRAM 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

-HEAD-

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

-CITE-

7 USC Sec. 5721 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

-HEAD-

Sec. 5721. ''Eligible trade organization'' defined

-STATUTE-

In this subchapter, the term ''eligible trade organization''

means a United States trade organization that -

(1) promotes the export of 1 or more United States agricultural

commodities or products; and

(2) does not have a business interest in or receive

remuneration from specific sales of agricultural commodities or

products.

-SOURCE-

(Pub. L. 95-501, title VII, Sec. 701, as added Pub. L. 104-127,

title II, Sec. 252, Apr. 4, 1996, 110 Stat. 971.)

-CITE-

7 USC Sec. 5722 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

-HEAD-

Sec. 5722. Foreign market development cooperator program

-STATUTE-

(a) In general

The Secretary shall establish and, in cooperation with eligible

trade organizations, carry out a foreign market development

cooperator program to maintain and develop foreign markets for

United States agricultural commodities and products, with a

continued significant emphasis on the importance of the export of

value-added United States agricultural products into emerging

markets.

(b) Administration

Funds made available to carry out this subchapter shall be used

only to provide -

(1) cost-share assistance to an eligible trade organization

under a contract or agreement with the organization; and

(2) assistance for other costs that are necessary or

appropriate to carry out the foreign market development

cooperator program, including contingent liabilities that are not

otherwise funded.

The Secretary shall annually submit to the Committee on

Agriculture and the Committee on International Relations of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report on activities under

this section describing the amount of funding provided, the types

of programs funded, the value-added products that have been

targeted, and the foreign markets for those products that have been

developed.

-SOURCE-

(Pub. L. 95-501, title VII, Sec. 702, as added Pub. L. 104-127,

title II, Sec. 252, Apr. 4, 1996, 110 Stat. 971; amended Pub. L.

107-171, title III, Sec. 3105(a), May 13, 2002, 116 Stat. 290.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171, Sec. 3105(a)(1), inserted

'', with a continued significant emphasis on the importance of the

export of value-added United States agricultural products into

emerging markets'' after ''products''.

Subsec. (c). Pub. L. 107-171, Sec. 3105(a)(2), added subsec. (c).

-CITE-

7 USC Sec. 5723 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 87 - EXPORT PROMOTION

SUBCHAPTER VII - FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM

-HEAD-

Sec. 5723. Funding

-STATUTE-

(a) In general

To carry out this subchapter, the Secretary shall use funds of

the Commodity Credit Corporation, or commodities of the Commodity

Credit Corporation of a comparable value, in the amount of

$34,500,000 for each of fiscal years 2002 through 2007.

(b) Program priorities

In providing any amount of funds or commodities made available

under subsection (a) of this section for any fiscal year that is in

excess of the amount made available under this section for fiscal

year 2001, the Secretary shall, to the maximum extent practicable -

(1) give equal consideration to -

(A) proposals submitted by organizations that were

participating organizations in prior fiscal years; and

(B) proposals submitted by eligible trade organizations that

have not previously participated in the program established

under this subchapter; and

(2) give equal consideration to -

(A) proposals submitted for activities in emerging markets;

and

(B) proposals submitted for activities in markets other than

emerging markets.

-SOURCE-

(Pub. L. 95-501, title VII, Sec. 703, as added Pub. L. 104-127,

title II, Sec. 252, Apr. 4, 1996, 110 Stat. 972; amended Pub. L.

107-171, title III, Sec. 3105(b), May 13, 2002, 116 Stat. 291.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171 amended section catchline and text

generally. Prior to amendment, text read as follows: ''There are

authorized to be appropriated to carry out this subchapter such

sums as may be necessary for each of fiscal years 1996 through

2002.''

-CITE-

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