dreamproit/uscode huggingface dataset:
7 U.S.C. § 5664 (AGRICULTURE)
§ 5664. Repealed. Pub. L. 104–127, title II, § 248, Apr. 4, 1996, 110 Stat. 969
text: Section, Pub. L. 95–501, title IV, § 404, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682; amended Pub. L. 102–237, title III, § 312, Dec. 13, 1991, 105 Stat. 1856, related to regulations to implement export promotion provisions.
7 U.S.C. § 5672 (AGRICULTURE)
§ 5672. Development of plans to alleviate adverse impact of embargoes
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
(C) the development of criteria for determining the extent, 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
(C) limit its purchases to only those types and grades of commodities suspended or restricted from shipment and make such purchases at prices at or near the current market prices.
(Pub. L. 95–501, title IV, § 412, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3684.)
7 U.S.C. § 5673 (AGRICULTURE)
§ 5673. Contracting authority to expand agricultural export markets
(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.
(Pub. L. 95–501, title IV, § 413, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685.)
7 U.S.C. § 5674 (AGRICULTURE)
§ 5674. Trade consultations concerning imports
(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.
(c) Monitoring compliance with sanitary and phytosanitary measures
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.
(Pub. L. 95–501, title IV, § 414, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L. 104–127, title II, § 242(b), Apr. 4, 1996, 110 Stat. 965.)
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–127 added subsec. (c).
7 U.S.C. § 5675 (AGRICULTURE)
§ 5675. Technical assistance in trade negotiations
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.
(Pub. L. 95–501, title IV, § 415, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685.)
7 U.S.C. § 5679 (AGRICULTURE)
§ 5679. Biotechnology and agricultural trade program
(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;
(C) disease; or
(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.
(c) Eligible programs
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; 1 or
(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.
(Pub. L. 101–624, title XV, § 1543A, as added Pub. L. 107–171, title III, § 3204, May 13, 2002, 116 Stat. 300.)
heading: References in Text
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.
heading: Codification
text: 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.
7 U.S.C. § 5680 (AGRICULTURE)
§ 5680. Technical assistance for specialty crops
(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.
(c) Priority
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) Annual report
Not later than 180 days after June 18, 2008, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the period covered by the report, a description of each factor that affects the export of specialty crops, including each factor relating to any—
(1) significant sanitary or phytosanitary issue; or
(2) trade barrier.
(e) Funding
(1) Commodity Credit Corporation
The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.
(2) Funding amounts
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—
(A) $4,000,000 for fiscal year 2008;
(B) $7,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010;
(D) $9,000,000 for fiscal year 2011; and
(E) $9,000,000 for fiscal year 2012.
(Pub. L. 107–171, title III, § 3205, May 13, 2002, 116 Stat. 301; Pub. L. 110–246, title III, § 3203, June 18, 2008, 122 Stat. 1837.)
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: Amendments
text: 2008—Subsecs. (d), (e). Pub. L. 110–246 added subsecs. (d) and (e) and struck out former subsec. (d). Prior to amendment, text read as follows: “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.”
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. § 5691 (AGRICULTURE)
§ 5691. Repealed. Pub. L. 103–354, title II, § 225(e)(1), Oct. 13, 1994, 108 Stat. 3214
text: Section, Pub. L. 95–501, title V, § 501, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3686, established position of Under Secretary of Agriculture for International Affairs and Commodity Programs.
text: 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.
7 U.S.C. § 5692 (AGRICULTURE)
§ 5692. Administrator of Foreign Agricultural Service
(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.
(c) Use of Service
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 Attaché Service.
(Pub. L. 95–501, title V, § 502, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3686.)
7 U.S.C. § 5694 (AGRICULTURE)
§ 5694. Staff of Foreign Agricultural Service
(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.
(Pub. L. 95–501, title V, § 504, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3686.)
heading: Prior Provisions
text: 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, § 101(k) [title IV, § 401], Dec. 22, 1987, 101 Stat. 1329–322, 1329–350.
heading: Language Proficiency and Evaluation of Foreign Agricultural Service Officers
text: Pub. L. 101–624, title XV, § 1556, Nov. 28, 1990, 104 Stat. 3698, as amended by Pub. L. 104–127, title II, § 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.”
7 U.S.C. § 5695 (AGRICULTURE)
§ 5695. Authorization of appropriations
There are hereby authorized to be appropriated for the Service such sums as may be necessary to carry out the provisions of this subchapter.
(Pub. L. 95–501, title V, § 505, formerly § 506, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3687; renumbered § 505, Pub. L. 102–237, title III, § 314, Dec. 13, 1991, 105 Stat. 1856.)
7 U.S.C. § 5711 (AGRICULTURE)
§ 5711. Repealed. Pub. L. 104–127, title II, § 241(c)(1), Apr. 4, 1996, 110 Stat. 964
text: Section, Pub. L. 95–501, title VI, § 601, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3687; amended Pub. L. 102–237, title III, § 315, Dec. 13, 1991, 105 Stat. 1856, required Secretary to periodically prepare long-term agricultural trade strategy reports.
7 U.S.C. § 5713 (AGRICULTURE)
§ 5713. Other reports to Congress
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 Food for Peace Act [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.
(Pub. L. 95–501, title VI, § 603, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3689; amended Pub. L. 104–127, title II, §§ 241(c)(2), 251, Apr. 4, 1996, 110 Stat. 964, 971; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820.)
heading: References in Text
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 (§ 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 Food for Peace Act, referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454, as amended, which is classified generally to chapter 41 (§ 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.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2008—Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
1996—Pub. L. 104–127, § 251, in first sentence, substituted “Subject to section 6917 of this title, the” for “The”.
Pub. L. 104–127, § 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”.
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. § 5721 (AGRICULTURE)
§ 5721. “Eligible trade organization” defined
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.
(Pub. L. 95–501, title VII, § 701, as added Pub. L. 104–127, title II, § 252, Apr. 4, 1996, 110 Stat. 971.)
7 U.S.C. § 5722 (AGRICULTURE)
§ 5722. Foreign market development cooperator program
(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.
(c) Report to Congress
The Secretary shall annually 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 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.
(Pub. L. 95–501, title VII, § 702, as added Pub. L. 104–127, title II, § 252, Apr. 4, 1996, 110 Stat. 971; amended Pub. L. 107–171, title III, § 3105(a), May 13, 2002, 116 Stat. 290; Pub. L. 110–246, title III, § 3104(a), June 18, 2008, 122 Stat. 1833.)
heading: Amendments
text: 2008—Subsec. (c). Pub. L. 110–246 substituted “Committee on Foreign Affairs” for “Committee on International Relations”.
2002—Subsec. (a). Pub. L. 107–171, § 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, § 3105(a)(2), added subsec. (c).
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. § 5723 (AGRICULTURE)
§ 5723. Funding
(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 2008 through 2012.
(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.
(Pub. L. 95–501, title VII, § 703, as added Pub. L. 104–127, title II, § 252, Apr. 4, 1996, 110 Stat. 972; amended Pub. L. 107–171, title III, § 3105(b), May 13, 2002, 116 Stat. 291; Pub. L. 110–246, title III, § 3104(b), June 18, 2008, 122 Stat. 1833.)
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246 substituted “2008 through 2012” for “2002 through 2007”.
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.”
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.