7 U.S.C. § 5712 — Export reporting and contract sanctity

Page 1777 TITLE 7—AGRICULTURE § 5712 Editorial Notes REFERENCES IN TEXT The Food for Peace Act, referred to in par. (4), is act July 10, 1954, ch. 469, 68 Stat. 454, 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. AMENDMENTS 2008—Par. (4). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. 1996—Pub. L. 104–127 substituted ‘‘Duties’’ for ‘‘Estab- lishment’’ in section catchline and amended text gen- erally. 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 ac- quiring information pertaining to agricultural trade, carrying out market promotion and development ac- tivities, and implementing the programs authorized in this chapter, the Agricultural Trade Development and Assistance Act of 1954, and other Acts.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. STUDY ON FEE FOR SERVICES Pub. L. 107–171, title III, § 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 Sec- retary of Agriculture shall submit to the Committee on Agriculture, and the Committee on International Rela- tions [now Committee on Foreign Affairs], 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, act- ing through the Foreign Agricultural Service or any successor agency, in providing persons with commer- cial 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 re- gion. ‘‘(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.’’ § 5694. Staff of Foreign Agricultural Service (a) Personnel of Service To ensure that the agricultural export pro- grams of the United States are carried out in an effective manner, the authorized number of per- sonnel 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 diplo- matic 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b) of this sec- tion 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. Statutory Notes and Related Subsidiaries LANGUAGE PROFICIENCY AND EVALUATION OF FOREIGN AGRICULTURAL SERVICE OFFICERS 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 COM- PETENCE.—The Foreign Agricultural Service shall re- vise its evaluation reports for its Foreign Service offi- cers 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 mak- ing such an assessment. ‘‘(b) PRECEDENCE IN PROMOTION.—The Director of Per- sonnel of the Foreign Agricultural Service shall in- struct 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 Speak- ing Proficiency level in 1 or more foreign languages over officers who lack that level of proficiency.’’ § 5695. Authorization of appropriations There are hereby authorized to be appro- priated for the Service such sums as may be nec- essary to carry out the provisions of this sub- chapter. (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.) SUBCHAPTER VI—REPORTS § 5711. Repealed. Pub. L. 104–127, title II, § 241(c)(1), Apr. 4, 1996, 110 Stat. 964 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. § 5712. Export reporting and contract sanctity (a) Export sales reports (1) In general All exporters of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef, and prod- ucts 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 Page 1778 TITLE 7—AGRICULTURE § 5713 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 com- modity sought to be exported; (B) the marketing year of shipment; and (C) destination, if known. (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 fol- lowing the week of reporting. (3) Immediate reporting All exporters of agricultural commodities produced in the United States shall, upon re- quest 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 infor- mation be reported by exporters on a daily basis, the information compiled from indi- vidual 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 com- modity substantially in excess of the quan- tity needed to meet domestic requirements, (B) total supplies of such commodity in the exporting countries are estimated to be in surplus, (C) anticipated exports will not result in excessive drain on domestic supplies, and (D) to require the reports to be made will unduly hamper export sales, provide for such reports by exporters and pub- lishing 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. (c) Contract sanctity 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 pro- hibit 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 cur- tail the export of any agricultural commodity during a period for which the President has de- clared a national emergency or for which the Congress has declared war. (Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3688; amended Pub. L. 102–237, title III, § 327, Dec. 13, 1991, 105 Stat. 1858; Pub. L. 106–78, title IX, § 921, Oct. 22, 1999, 113 Stat. 1206; Pub. L. 111–239, § 2(c), Sept. 27, 2010, 124 Stat. 2502.) AMENDMENT OF SECTION For termination of amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below. Editorial Notes 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 2010—Subsec. (a)(1). Pub. L. 111–239 substituted ‘‘cot- ton, pork,’’ for ‘‘cotton,’’. 1999—Subsec. (a)(1). Pub. L. 106–78, §§ 921, 942, tempo- rarily inserted ‘‘, beef,’’ after ‘‘cotton’’ in introductory provisions. See Termination Date of 1999 Amendment note below. 1991—Subsec. (a)(1). Pub. L. 102–237, § 327(1), sub- stituted ‘‘designate produced’’ for ‘‘designate as pro- duced’’ in introductory provisions. Subsec. (a)(2). Pub. L. 102–237, § 327(2), struck out ‘‘in accordance with subsection (c)’’ after ‘‘shall remain confidential’’. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–78 to terminate Mar. 14, 2025, see section 942 of Pub. L. 106–78, set out in a Live- stock Mandatory Reporting note under section 1635 of this title. § 5713. Repealed. Pub. L. 113–188, title I, § 101(d), Nov. 26, 2014, 128 Stat. 2017 Section, 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, re- quired quarterly reports specifying the cumulative amount of export assistance provided by the Com- modity Credit Corporation and the Secretary under certain programs. SUBCHAPTER VII—FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM §§ 5721 to 5723. Repealed. Pub. L. 115–334, title III, § 3201(b)(2), Dec. 20, 2018, 132 Stat. 4616 Section 5721, Pub. L. 95–501, title VII, § 701, as added Pub. L. 104–127, title II, § 252, Apr. 4, 1996, 110 Stat. 971, defined ‘‘eligible trade organization’’ for this sub- chapter. Section 5722, 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; Pub. L. 113–188, title I, § 101(f), Nov. 26, 2014, 128 Stat. 2018, related to foreign market devel- opment cooperator program to maintain and develop foreign markets for United States agricultural com- modities and products. Section 5723, 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; Pub. L. 113–79, title III, § 3103, Feb. 7, 2014, 128 Stat. 779, related to funding to carry out this subchapter and program priorities.