1. U.S. Code
  2. title 7
  3. chapter 87
  4. subchapter IV
  5. part B
  6. § 5674

Collapse to view only § 5674. Trade consultations concerning imports

§ 5671. Agricultural embargo protection
(a) Prerequisites; scope of compensationNotwithstanding 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.) 1
1 See References in Text note below.
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 paymentsIf the Secretary makes payments available to producers under subsection (a), 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
(C) the amount by which the average market price per unit of 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; or
(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.
(c) Time for payments
(d) Commodity Credit Corporation
(e) Regulations
(Pub. L. 95–501, title IV, § 411, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682.)

CITE AS: 7 USC 5671

§ 5672. Development of plans to alleviate adverse impact of embargoesTo 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)
(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.)

CITE AS: 7 USC 5672

§ 5673. Contracting authority to expand agricultural export markets
(a) In general
(b) Not employees of United States
(Pub. L. 95–501, title IV, § 413, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685.)

CITE AS: 7 USC 5673

§ 5674. Trade consultations concerning imports
(a) Consultation between agencies
(b) Consultation with Trade Representative
(c) Monitoring compliance with sanitary and phytosanitary measuresThe 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.)

CITE AS: 7 USC 5674

§ 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.)

CITE AS: 7 USC 5675

§ 5676. Limitation on use of certain export promotion programs
(a) In general
(b) Vegetable oil
(c) Certification
(d) Regulations
(e) Applicability
(Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L. 102–237, title III, § 313, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820.)

CITE AS: 7 USC 5676

§ 5677. Trade compensation and assistance programs
(a) In general
(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); or
(2) make available an amount of funds calculated under subsection (c)(2), to promote agricultural exports or provide agricultural commodities to developing countries under any authorities available to the Secretary.
(c) Determination of amount of compensation or funds
(1) Compensation
(2) Determination of amount of funds
(d) Duration of program
(e) Commodity Credit Corporation
(f) Exception to carrying out program
(g) Partial year embargoes
(h) Short supply embargoes
(Pub. L. 95–501, title IV, § 417, as added Pub. L. 104–127, title II, § 249, Apr. 4, 1996, 110 Stat. 969.)

CITE AS: 7 USC 5677

§ 5678. Edward R. Madigan United States Agricultural Export Excellence Award
(a) FindingsCongress 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
(C) disseminating information on successful methods used to develop and expand markets for United States agricultural exports.
(b) Establishment
(c) Selection of recipient
(d) Presentation of award
(e) Publication of award
(f) Categories for which award may be givenSeparate 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 qualificationAn entity may qualify for an award under this section only if the entity—
(1)
(A) applies to the board established under subsection (h) 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) 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
(2) Meetings
(3) Recommendations of board
(4) Term
(i) Funding
(Pub. L. 104–127, title II, § 261, Apr. 4, 1996, 110 Stat. 972.)

CITE AS: 7 USC 5678

§ 5679. Biotechnology and agricultural trade program
(a) Establishment
(b) PurposeThe 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 programsDepending 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
1 See References in Text note below.
and section 5623(d) of this title; or
(3) the Cochran Fellowship Program under section 3293 of this title.
(d) Funding
(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.)

CITE AS: 7 USC 5679

§ 5680. Repealed. Pub. L. 115–334, title III, § 3201(b)(4), Dec. 20, 2018, 132 Stat. 4617

CITE AS: 7 USC 5680