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7 U.S.C. § 5314 (AGRICULTURE)
§ 5314. Implementation of comprehensive plan
(a) In general
The comprehensive plan shall be carried out during the period ending with the close of the ninth fiscal year following the fiscal year in which the comprehensive plan is submitted in its final form under section 5313(d)(2) of this title and shall be—
(1) carried out in accordance with, and meet the program objectives specified in, section 5313(a) of this title and section 5313(b) of this title;
(2) carried out, by the Federal agencies involved, in accordance with the allocation of functions and activities under section 5313(c) of this title; and
(3) funded by appropriations made to such agencies for each fiscal year of the program.
(b) Existing law not affected
Nothing in this subchapter may be construed to grant any new regulatory authority or to limit, expand, or otherwise modify any regulatory authority under existing law, or to establish new criteria, standards, or requirements for regulation under existing law.
(Pub. L. 101–445, title I, § 104, Oct. 22, 1990, 104 Stat. 1040.)
7 U.S.C. § 5315 (AGRICULTURE)
§ 5315. Scientific research and development in support of coordinated program and comprehensive plan
The Secretaries shall coordinate the conduct of, and may contract with the National Science Foundation, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and other suitable Federal agencies for, such scientific research and development as may be necessary or appropriate in support of the coordinated program and the comprehensive plan and in furtherance of the purposes and objectives of this chapter.
(Pub. L. 101–445, title I, § 105, Oct. 22, 1990, 104 Stat. 1040.)
7 U.S.C. § 5316 (AGRICULTURE)
§ 5316. Annual budget submission
(a) Annual report
The President, at the same time as the submission of the annual budget to the Congress, shall submit a report to the Committees on Agriculture and Science, Space, and Technology of the House of Representatives and to the Committees on Agriculture, Nutrition, and Forestry and Governmental Affairs of the Senate on expenditures required for carrying out the coordinated program and implementing the comprehensive plan. The report shall detail, for each of the agencies that are allocated responsibilities under the coordinated program—
(1) the amounts spent on the coordinated program during the fiscal year most recently ended;
(2) the amounts expected to be spent during the current fiscal year; and
(3) the amounts requested in the annual budget for the fiscal year for which the budget is being submitted.
(b) Existing authority not affected
Nothing in this subchapter is intended to either—
(1) authorize the appropriation or require the expenditure of any funds in excess of the amount of funds that would be authorized or expended for the same purposes in the absence of the coordinated program; or
(2) limit the authority of any of the participating agencies to request and receive funds for such purposes (for use in the coordinated program) under other laws.
(Pub. L. 101–445, title I, § 106, Oct. 22, 1990, 104 Stat. 1040.)
heading: Change of Name
text: Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 31), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.
7 U.S.C. § 5332 (AGRICULTURE)
§ 5332. Functions of Council
The Council shall—
(1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan;
(2) evaluate the scientific and technical quality of the comprehensive plan and the effectiveness of the coordinated program;
(3) recommend to the Secretaries, on an annual basis, means of enhancing the comprehensive plan and the coordinated program; and
(4) submit to the Secretaries annual reports that—
(A) shall contain the components specified in paragraphs (2) and (3); and
(B) shall be included in full in the biennial reports of the Secretaries to the President for transmittal to Congress under section 5312(b) of this title.
(Pub. L. 101–445, title II, § 202, Oct. 22, 1990, 104 Stat. 1042.)
7 U.S.C. § 5342 (AGRICULTURE)
§ 5342. Nutrition training report
The Secretary of Health and Human Services, in consultation with the Secretaries of Agriculture, Education, and Defense, and the Director of the National Science Foundation, shall submit, within one year after October 22, 1990, a report describing the appropriate Federal role in assuring that students enrolled in United States medical schools and physicians practicing in the United States have access to adequate training in the field of nutrition and its relationship to human health.
(Pub. L. 101–445, title III, § 302, Oct. 22, 1990, 104 Stat. 1044.)
7 U.S.C. § 5401 (AGRICULTURE)
§ 5401. Establishment of Agricultural Council on Environmental Quality
(a) Establishment
The Secretary shall establish an Agricultural Council on Environmental Quality in the Department of Agriculture (hereafter in this chapter referred to as the “Council”). The Council shall be under the direct authority of the Secretary, and shall be responsible for carrying out the provisions of this chapter, and for coordination and direction of all environmental policies and programs of the Department.
(b) Membership
Membership of the Council shall consist of the Secretary, the Deputy Secretary, the Assistant Secretary for Natural Resources and Environment, the Assistant Secretary for Science and Education, other under and assistant secretaries as may be designated by the Secretary, and the Director of the Office of Agricultural Environmental Quality, established in section 5402 of this title, who shall serve as the Executive Director of the Council. The Secretary shall designate a member of the Council, other than the Executive Director, as chair of the Council.
(Pub. L. 101–624, title XIV, § 1471, Nov. 28, 1990, 104 Stat. 3619.)
7 U.S.C. § 5405 (AGRICULTURE)
§ 5405. Agricultural air quality research oversight
(a) Findings
Congress finds that—
(1) various studies have alleged that agriculture is a source of PM–10 emissions;
(2) many of these studies have often been based on erroneous data;
(3) Federal research activities are currently being conducted by the Department of Agriculture to determine the true extent to which agricultural activities contribute to air pollution and to determine cost-effective ways in which the agricultural industry can reduce any pollution that exists; and
(4) any Federal policy recommendations that may be issued by any Federal agency to address air pollution problems related to agriculture or any other industrial activity should be based on sound scientific findings that are subject to adequate peer review and should take into account economic feasibility.
(b) Purpose
The purpose of this section is to encourage the Secretary of Agriculture to continue to strengthen vital research efforts related to agricultural air quality.
(c) Oversight coordination
(1) Intergovernmental cooperation
The Secretary shall, to the maximum extent practicable with respect to the Department of Agriculture and other Federal departments and agencies, ensure intergovernmental cooperation in research activities related to agricultural air quality and avoid duplication of the activities.
(2) Correct data
The Secretary shall, to the maximum extent practicable, ensure that the results of any research related to agricultural air quality conducted by Federal agencies not report erroneous data with respect to agricultural air quality.
(d) Task force
(1) Establishment
The Chief of the National Resources Conservation Service shall establish a task force to address agricultural air quality issues.
(2) Composition
The task force shall be comprised of employees of the Department of Agriculture, industry representatives, and other experts in the fields of agriculture and air quality.
(3) Duties
The task force shall advise the Secretary with respect to the role of the Secretary for providing oversight and coordination related to agricultural air quality.
(Pub. L. 104–127, title III, § 391, Apr. 4, 1996, 110 Stat. 1025.)
heading: Codification
text: Section was enacted as part of the Federal Agriculture Improvement and Reform Act of 1996, and not as part of subtitle F (§ 1471 et seq.) of title XIV of Pub. L. 101–624 which comprises this chapter.
7 U.S.C. § 5501 to 5505 (AGRICULTURE)
§§ 5501 to 5505. Repealed. Pub. L. 105–185, title III, § 302(c), June 23, 1998, 112 Stat. 563
text: Section 5501, Pub. L. 101–624, title XIV, § 1481, Nov. 28, 1990, 104 Stat. 3622; Pub. L. 104–127, title VIII, § 831, Apr. 4, 1996, 110 Stat. 1168, set forth short title and purpose of chapter, provided definitions, and authorized appropriations.
text: Section 5502, Pub. L. 101–624, title XIV, § 1482, Nov. 28, 1990, 104 Stat. 3622, related to soil and water activities.
text: Section 5503, Pub. L. 101–624, title XIV, § 1483, Nov. 28, 1990, 104 Stat. 3623; Pub. L. 102–237, title II, § 201(e), Dec. 13, 1991, 105 Stat. 1847, required establishment of water quality coordination program within each State.
text: Section 5504, Pub. L. 101–624, title XIV, § 1484, Nov. 28, 1990, 104 Stat. 3624, established water quality and nutrient management research program.
text: Section 5505, Pub. L. 101–624, title XIV, § 1485, Nov. 28, 1990, 104 Stat. 3626; Pub. L. 102–237, title II, § 201(f), Dec. 13, 1991, 105 Stat. 1847; Pub. L. 104–66, title I, § 1011(r), Dec. 21, 1995, 109 Stat. 710, directed establishment of repository of agriculture and ground water quality planning information.
7 U.S.C. § 5601 (AGRICULTURE)
§ 5601. Purpose
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.
(Pub. L. 95–501, title I, § 101, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669.)
heading: Prior Provisions
text: 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.
heading: Short Title of 1994 Amendment
text: Pub. L. 103–465, title IV, § 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’.”
heading: Short Title
text: Pub. L. 95–501, § 1, as added by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669, provided that: “This Act [enacting this chapter] may be cited as the ‘Agricultural Trade Act of 1978’.”
7 U.S.C. § 5603a (AGRICULTURE)
§ 5603a. Global market strategy
(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 1 barriers to agricultural trade in overseas markets.
(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.
(Pub. L. 107–171, title III, § 3206, May 13, 2002, 116 Stat. 301.)
heading: Codification
text: 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.
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
7 U.S.C. § 5604 (AGRICULTURE)
§ 5604. Preservation of traditional markets
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.
(Pub. L. 95–501, title I, § 104, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672.)
7 U.S.C. § 5605 (AGRICULTURE)
§ 5605. Independence of authorities
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.
(Pub. L. 95–501, title I, § 105, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672.)
7 U.S.C. § 5606 (AGRICULTURE)
§ 5606. Implementation of commitments under Uruguay Round Agreements
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.
(Pub. L. 95–501, title I, § 106, as added Pub. L. 104–127, title II, § 242(a), Apr. 4, 1996, 110 Stat. 964.)
7 U.S.C. § 5607 (AGRICULTURE)
§ 5607. Exporter assistance initiative
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.
(Pub. L. 95–501, title I, § 107, as added Pub. L. 107–171, title III, § 3101, May 13, 2002, 116 Stat. 288.)
7 U.S.C. § 5624 (AGRICULTURE)
§ 5624. Barter of agricultural commodities
(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.
(c) Barter by exporters of agricultural commodities
(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; or
(3) permit the resale or transshipment of eligible commodities to countries other than the intended recipient country.
(Pub. L. 95–501, title II, § 204, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3676; amended Pub. L. 102–237, title III, § 320, Dec. 13, 1991, 105 Stat. 1857.)
heading: Amendments
text: 1991—Subsec. (d). Pub. L. 102–237 amended heading and substituted “Government” for “government” in text.
7 U.S.C. § 5625 (AGRICULTURE)
§ 5625. Combination of programs
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.
(Pub. L. 95–501, title II, § 205, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3677.)
7 U.S.C. § 5651 (AGRICULTURE)
§ 5651. Repealed. Pub. L. 110–246, title III, § 3103(a), June 18, 2008, 122 Stat. 1832
text: Section, Pub. L. 95–501, title III, § 301, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3678; amended Pub. L. 102–237, title III, § 311, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 102–511, title VII, § 709(b), Oct. 24, 1992, 106 Stat. 3352; Pub. L. 103–465, title IV, § 411(a)(3), (4), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title II, § 245, Apr. 4, 1996, 110 Stat. 968; Pub. L. 107–171, title III, § 3104(a), May 13, 2002, 116 Stat. 290, related to an export enhancement program and cash bonuses to exporters, users, and processors.
heading: Effective Date of Repeal
text: Repeal effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
7 U.S.C. § 5652 (AGRICULTURE)
§ 5652. Relief from unfair trade practices
(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.
(Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680; renumbered § 301, Pub. L. 110–246, title III, § 3103(b)(2), June 18, 2008, 122 Stat. 1832.)
heading: Prior Provisions
text: A prior section 301 of Pub. L. 95–501 was classified to section 5651 of this title prior to repeal by Pub. L. 110–246.
Another 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.
7 U.S.C. § 5653 (AGRICULTURE)
§ 5653. Equitable treatment of high-value and value-added United States agricultural commodities
In the case of any program 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.
(Pub. L. 95–501, title III, § 302, formerly § 303, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680; renumbered § 302 and amended Pub. L. 110–246, title III, § 3103(b)(2), (3), June 18, 2008, 122 Stat. 1832.)
heading: Prior Provisions
text: A prior section 302 of Pub. L. 95–501 was renumbered section 301 and is classified to section 5652 of this title.
heading: Amendments
text: 2008—Pub. L. 110–246, § 3103(b)(3), struck out “, such as that established under section 5651 of this title,” after “any program”.
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
7 U.S.C. § 5663 (AGRICULTURE)
§ 5663. Departmental administration system
(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.
(Pub. L. 95–501, title IV, § 403, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682.)