dreamproit/uscode huggingface dataset:
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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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) 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 5608 (AGRICULTURE)
§ 5608. Foreign trade missions
(a) Tribal representation on trade missions
(1) In general
The Secretary, in consultation with the Tribal Advisory Committee established under subsection (b)(2) of section 6921 of this title (referred to in this section as the “Advisory Committee”), shall seek—
(A) to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; and
(B) to increase the collaboration between Federal trade promotion efforts and other Federal trade-related activities in support of the greater inclusion sought under subparagraph (A).
(2) Interdepartmental coordination
In carrying out activities to increase the collaboration described in paragraph (1)(B), the Secretary shall coordinate with—
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) Report; goals
(1) Report
Not later than 2 years after December 20, 2018, the Secretary shall submit a report describing the efforts of the Department of Agriculture and other Federal agencies under this section to—
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of Representatives;
(C) the Committee on Energy and Commerce of the House of Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(E) the Committee on Commerce, Science, and Transportation of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals
Not later than 90 days after December 20, 2018, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to which Indian Tribes and Tribal agricultural and food products are included in the trade-related activities of the Department of Agriculture.
(Pub. L. 115–334, title III, § 3312, Dec. 20, 2018, 132 Stat. 4623.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Agricultural Trade Act of 1978 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: “Secretary” as meaning the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.
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: Editorial Notes
heading: Amendments
text: 1991—Subsec. (d). Pub. L. 102–237 amended heading and substituted “Government” for “government” in text.
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: Statutory Notes and Related Subsidiaries
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), 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); 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).
(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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–127 added subsec. (c).
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 or new agricultural production technologies;
(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 and section 5623(d) of this title; or
(3) the Cochran Fellowship Program under section 3293 of this title.
(d) Funding
There is authorized to be appropriated $2,000,000 for each of fiscal years 2019 through 2023.
(Pub. L. 101–624, title XV, § 1543A, as added Pub. L. 107–171, title III, § 3204, May 13, 2002, 116 Stat. 300; amended Pub. L. 115–334, title III, §§ 3201(b)(3)(C), 3301, Dec. 20, 2018, 132 Stat. 4617.)
heading: Editorial Notes
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.
heading: Amendments
text: 2018—Subsec. (b)(1)(A). Pub. L. 115–334, § 3301(1), inserted “or new agricultural production technologies” after “biotechnology”.
Subsec. (c)(2). Pub. L. 115–334, § 3201(b)(3)(C), inserted “and section 5623(d) of this title” after “section 1542”.
Subsec. (d). Pub. L. 115–334, § 3301(2), substituted “$2,000,000 for each of fiscal years 2019 through 2023” for “$6,000,000 for each of fiscal years 2002 through 2007”.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 5814 (AGRICULTURE)
§ 5814. Authorization of appropriations
There are authorized to be appropriated to carry out this part $40,000,000 for each of fiscal years 2013 through 2023. Of amounts appropriated to carry out this part for a fiscal year, not less than $15,000,000, or not less than two thirds of any such appropriation, whichever is greater, shall be used to carry out sections 5811 and 5812 of this title.
(Pub. L. 101–624, title XVI, § 1624, Nov. 28, 1990, 104 Stat. 3739; Pub. L. 102–237, title IV, § 408, Dec. 13, 1991, 105 Stat. 1865; Pub. L. 113–79, title VII, § 7201, Feb. 7, 2014, 128 Stat. 880; Pub. L. 115–334, title VII, § 7201, Dec. 20, 2018, 132 Stat. 4803.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 substituted “2023” for “2018”.
2014—Pub. L. 113–79, in first sentence, struck out “$40,000,000 for each fiscal year” after “appropriated” and inserted “$40,000,000 for each of fiscal years 2013 through 2018” after “part”.
1991—Pub. L. 102–237 substituted “and 5812” for “and 5813”.