7 U.S.C. § 5623 — Agricultural trade promotion and facilita-

Page 1763 TITLE 7—AGRICULTURE § 5623 ‘‘(2) has the potential to provide a viable and sig- nificant market for United States agricultural com- modities or products of United States agricultural commodities.’’ Executive Documents PRESIDENTIAL DETERMINATION OF EMERGING DEMOCRACIES Determination of President of the United States, No. 95–35, Aug. 10, 1995, 60 F.R. 44723, provided: Pursuant to the authority vested in me by section 1542(f) of the Food, Agriculture, Conservation and Trade Act of 1990, as amended (7 U.S.C. 5622 note) (here- inafter ‘‘the Act’’), I hereby determine that the fol- lowing countries are taking the steps set forth in sec- tion 1542(f) of the Act to qualify as emerging democ- racies for purposes of that section: Albania, Bangladesh, Belarus, Bosnia and Herzegovina, Bulgaria, Cambodia, Croatia, Czech Re- public, Egypt, El Salvador, Estonia, the Former Yugo- slav Republic of Macedonia, Ghana, Guatemala, Hun- gary, Jordan, Kazakhstan, Latvia, Lithuania, Morocco, Namibia, Nicaragua, Pakistan, Panama, the Phil- ippines, Poland, Romania, Russia, Slovak Republic, Slovenia, South Africa, Tanzania, Tunisia, Ukraine, Yemen, and Zimbabwe. In making this determination, I have considered the eligibility only of those countries for which programs are underway or currently contemplated by the Depart- ment of Agriculture. The Secretary of State is authorized and directed to publish this determination in the Federal Register. WILLIAM J. CLINTON. § 5623. Agricultural trade promotion and facilita- tion (a) Establishment The Secretary shall carry out activities under this section— (1) to access, develop, maintain, and expand markets for United States agricultural com- modities; and (2) to promote cooperation and the exchange of information. (b) Market Access Program (1) Definition of eligible trade organization In this subsection, the term ‘‘eligible trade organization’’ means— (A) a United States agricultural trade or- ganization or regional State-related organi- zation that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities; (B) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or (C) a private organization that promotes the export and sale of United States agricul- tural commodities if the Secretary deter- mines that such organization would signifi- cantly contribute to United States export market development. (2) In general The Commodity Credit Corporation shall es- tablish and carry out a program, to be known as the ‘‘Market Access Program’’, to encour- age the development, maintenance, and expan- sion of commercial export markets for United States agricultural commodities (including commodities that are organically produced (as defined in section 6502 of this title)) through cost-share assistance to eligible trade organi- zations that implement a foreign market de- velopment program. (3) Participation requirements (A) Marketing plan and other requirements To be eligible for cost-share assistance under this subsection, an eligible trade orga- nization shall— (i) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary; (ii) meet any other requirements estab- lished by the Secretary; and (iii) enter into an agreement with the Secretary. (B) Purpose of marketing plan A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion ac- tivities to be carried out by the eligible trade organization with respect to which as- sistance under this subsection is being re- quested. (C) Specific elements To be approved by the Secretary, a mar- keting plan submitted under this paragraph shall— (i) specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in im- plementing the marketing plan; (ii) establish specific market goals to be achieved under the marketing plan; and (iii) contain whatever additional require- ments are determined by the Secretary to be necessary. (D) Branded promotion A marketing plan approved by the Sec- retary may provide for the use of branded advertising to promote the sale of United States agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary. (E) Amendments An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval of the amendment by the Secretary. (4) Level of assistance and cost-share require- ments (A) In general The Secretary shall justify in writing the level of assistance to be provided to an eligi- ble trade organization under this subsection and the level of cost sharing required of the organization. (B) Limitation on branded promotion Assistance provided under this subsection for activities described in paragraph (3)(D) shall not exceed 50 percent of the cost of im- Page 1764 TITLE 7—AGRICULTURE § 5623 plementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of United States agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 2411 of title 19. Criteria used by the Secretary for determining that the limitation shall not apply shall be con- sistent and documented. (5) Other terms and conditions (A) Multiyear basis The Secretary may provide assistance under this subsection on a multiyear basis, subject to annual review by the Secretary for compliance with the approved marketing plan. (B) Termination of assistance The Secretary may terminate any assist- ance made, or to be made, available under this subsection if the Secretary determines that— (i) the eligible trade organization is not adhering to the terms and conditions ap- plicable to the provision of the assistance; (ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the es- tablished goals of the plan; (iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or (iv) the Secretary determines that ter- mination of assistance in a particular in- stance is in the best interests of the Mar- ket Access Program. (C) Evaluations Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expendi- tures by the eligible trade organization of such assistance, including the following: (i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities. (ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets. (iii) A thorough accounting of the ex- penditure by the eligible trade organiza- tion of the assistance provided under this subsection. (6) Restrictions on use of funds Assistance provided under this subsection to an eligible trade organization may not be used— (A) to provide direct assistance to any for- eign for-profit corporation for the corpora- tion’s use in promoting foreign-produced products; or (B) to provide direct assistance to any for- profit corporation that is not recognized as a small business concern (as described in sec- tion 632(a) of title 15), excluding— (i) a cooperative; (ii) an association described in section 291 of this title; or (iii) a nonprofit trade association. (7) Permissive use of funds Assistance provided under this subsection to a United States agricultural trade association, cooperative, or small business may be used for individual branded promotional activity re- lated to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of such assist- ance. (8) Priority In providing assistance for branded pro- motion, the Secretary should give priority to small-sized entities. (9) Contribution level (A) In general The Secretary should require a minimum contribution level of 10 percent from an eli- gible trade organization that receives assist- ance for nonbranded promotion. (B) Increases in contribution level The Secretary may increase the contribu- tion level in any subsequent year that an eli- gible trade organization receives assistance for nonbranded promotion. (10) Additionality The Secretary should require each partici- pant in the Market Access Program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to Program activities. (11) Independent audits If as a result of an evaluation or audit of ac- tivities of a participant under the Market Ac- cess Program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the Pro- gram, the Secretary should require the partic- ipant to contract for an independent audit of the Program activities, including activities of any subcontractor. (12) Tobacco No funds made available under the Market Access Program may be used for activities to develop, maintain, or expand foreign markets for tobacco. (c) Foreign Market Development Cooperator Pro- gram (1) Definition of eligible trade organization In this subsection, the term ‘‘eligible trade organization’’ means a United States trade or- ganization that— (A) promotes the export of 1 or more United States agricultural commodities; and (B) does not have a business interest in or receive remuneration from specific sales of agricultural commodities. (2) Establishment The Secretary shall establish and, in co- operation with eligible trade organizations, Page 1765 TITLE 7—AGRICULTURE § 5623 carry out a program to be known as the ‘‘For- eign Market Development Cooperator Pro- gram’’ to maintain and develop foreign mar- kets for United States agricultural commod- ities. (3) Use of funds Funds made available to carry out this sub- section shall be used only to provide— (A) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organiza- tion; and (B) assistance for other costs that are ap- propriate to carry out the Foreign Market Development Cooperator Program, including contingent liabilities that are not otherwise funded. (d) E (Kika) de la Garza Emerging Markets Pro- gram (1) Definition of emerging market In this subsection, the term ‘‘emerging mar- ket’’ means any country, foreign territory, customs union, or other economic market that the Secretary determines— (A) is taking steps toward a market-ori- ented economy through the food, agri- culture, or rural business sectors of its econ- omy; and (B) has the potential to provide a viable and significant market for United States ag- ricultural commodities. (2) Establishment The Secretary shall establish and carry out a program, to be known as the ‘‘E (Kika) de la Garza Emerging Markets Program’’— (A) to develop agricultural markets in emerging markets; and (B) to promote cooperation and exchange of information between agricultural institu- tions and agribusinesses in the United States and emerging markets. (3) Development of agricultural systems (A) In general (i) Implementation To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the exper- tise of the United States— (I) to make assessments of food and rural business systems needs; (II) to make recommendations on measures necessary to enhance the effec- tiveness of the food and rural business systems described in subclause (I), in- cluding potential reductions in trade barriers; and (III) to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in subclause (I). (ii) Extent of program The Secretary shall implement this sub- paragraph with respect to at least 3 emerg- ing markets in each fiscal year. (B) Experts from the United States The Secretary may implement subpara- graph (A) by providing— (i) assistance to teams (consisting pri- marily of agricultural consultants, agri- cultural producers, other persons from the private sector, and government officials expert in assessing the food and rural busi- ness systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in subparagraph (A)(i) in emerging markets; (ii) for necessary subsistence and trans- portation expenses of— (I) United States food and rural busi- ness system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities from emerging markets; and (II) individuals designated by emerging markets to enable such designated indi- viduals to consult with such United States experts to enhance food and rural business systems of such emerging mar- kets and to transfer knowledge and ex- pertise to such emerging markets. (C) Cost-sharing The Secretary shall encourage the non- governmental experts described in subpara- graph (B) to share the costs of, and other- wise assist in, the participation of those ex- perts in the E (Kika) de la Garza Emerging Markets Program. (D) Technical assistance The Secretary is authorized to provide, or pay the necessary costs for, technical assist- ance (including the establishment of exten- sion services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging mar- kets, including recommendations, projects, and opportunities described in subclauses (II) and (III) of subparagraph (A)(i). (E) Reports to Secretary A team that receives assistance under sub- paragraph (B)(i) shall prepare and submit to the Secretary such reports as the Secretary may require. (F) Advisory committee To provide the Secretary with information that may be useful to the Secretary in car- rying out this subsection, the Secretary may establish an advisory committee composed of representatives of the various sectors of the food and rural business systems of the United States. (G) Effect The authority provided under this sub- section shall be in addition to and not in place of any other authority of the Sec- retary or the Commodity Credit Corpora- tion. (e) Technical assistance for specialty crops (1) Establishment The Secretary of Agriculture shall establish an export assistance program, in this sub- Page 1766 TITLE 7—AGRICULTURE § 5623 section referred to as the ‘‘program’’, to ad- dress existing or potential unique barriers that prohibit or threaten the export of United States specialty crops. (2) Purpose The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 3157(e) of this title, to remove, resolve, or mitigate existing or poten- tial sanitary, phytosanitary, and technical barriers to trade. (3) Priority The program shall address time sensitive and strategic market access projects based on— (A) trade effect on market retention, mar- ket access, and market expansion; and (B) trade impact. (4) Multiyear projects The Secretary may provide assistance under the program to a project for longer than a 5- year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2). (5) Outreach and technical assistance The Secretary shall— (A) conduct outreach to inform eligible or- ganizations of the requirements of the pro- gram and the process by which such organi- zations may submit proposals for funding; (B) provide technical assistance to eligible organizations to assist in developing pro- posals and complying with the requirements of the program; and (C) solicit input from eligible organiza- tions on improvements to streamline and fa- cilitate the provision of assistance under this subsection. (6) Regulations and procedures (A) In general Not later than 1 year after December 20, 2018, the Secretary shall review program reg- ulations, procedures, and guidelines for as- sistance under this subsection and make re- visions to streamline, improve, and clarify the application, approval and compliance processes for such assistance, including revi- sions to implement the requirements of paragraph (5). (B) Considerations In reviewing and making revisions under subparagraph (A), the Secretary shall con- sider— (i) establishing accountability standards that are appropriate for the size and scope of a project; and (ii) establishing streamlined application and approval processes, including for smaller-scale projects or projects to ad- dress time-sensitive trade barriers. (7) Annual report Each year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the period covered by the re- port, a description of— (A) each factor that affects the export of specialty crops, including each factor relat- ing to any— (i) significant sanitary or phytosanitary issue; (ii) trade barrier; or (iii) emerging sanitary or phytosanitary issue or trade barrier; and (B)(i) any funds provided under subsection (f)(3)(A)(iv) that were not obligated in a fis- cal year; and (ii) the reason such funds were not obli- gated. (f) Funding and administration (1) Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Cor- poration to carry out this section. (2) Funding amount For each of fiscal years 2019 through 2023, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, the Secretary shall use to carry out this sec- tion $255,000,000, to remain available until ex- pended. (3) Allocation (A) In general For each of fiscal years 2019 through 2023, the Secretary shall allocate funds to carry out this section in accordance with the fol- lowing: (i) Market access program For market access activities authorized under subsection (b), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year. (ii) Foreign market development coop- erator program To carry out subsection (c), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $34,500,000 for each fiscal year. (iii) E (Kika) de la Garza Emerging Markets Program To provide assistance under subsection (d), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not more than $8,000,000 for each fiscal year. (iv) Technical assistance for specialty crops To carry out subsection (e), of the funds of, or an equal value of the commodities owned by, the Commodity Credit Corpora- tion, $9,000,000 for each fiscal year. (v) Priority trade fund (I) In general In addition to the amounts allocated under clauses (i) through (iv), and not- withstanding any limitations in those clauses, as determined by the Secretary, for 1 or more programs under this sec- Page 1767 TITLE 7—AGRICULTURE § 5623 tion for authorized activities to access, develop, maintain, and expand markets for United States agricultural commod- ities, $3,500,000 for each fiscal year. (II) Considerations In allocating funds made available under subclause (I), the Secretary may consider providing a greater allocation to 1 or more programs under this section for which the amounts requested under applications exceed available funding for the 1 or more programs. (B) Reallocation Any funds allocated under clauses (i) through (iv) of subparagraph (A) that remain unobligated one year after the end of the fis- cal year in which they are first made avail- able shall be reallocated to the priority trade fund under subparagraph (A)(v). To the maximum extent practicable, the Secretary shall allocate such reallocated funds to sup- port exports of those types of United States agricultural commodities eligible for assist- ance under the program for which the funds were originally allocated under subpara- graph (A). (4) Cuba Notwithstanding section 7207 of title 22 or any other provision of law, funds made avail- able under this section may be used to carry out the programs authorized under subsections (b) and (c) in Cuba. Funds may not be used as described in the previous sentence in con- travention with directives set forth under the National Security Presidential Memorandum entitled ‘‘Strengthening the Policy of the United States Toward Cuba’’ issued by the President on June 16, 2017, during the period in which that memorandum is in effect. (5) Authorization of appropriations In addition to any other amounts provided under this subsection, there are authorized to be appropriated such sums as are necessary to carry out the programs and authorities under paragraph (3)(A)(v) and subsections (b) through (e). (Pub. L. 95–501, title II, § 203, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3674; amended Pub. L. 102–237, title III, § 309, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 103–66, title I, § 1302(b)(1), Aug. 10, 1993, 107 Stat. 330; Pub. L. 103–465, title IV, § 411(d), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title II, § 244(a)(1), (b), Apr. 4, 1996, 110 Stat. 967, 968; Pub. L. 110–246, title III, § 3102(a), June 18, 2008, 122 Stat. 1832; Pub. L. 115–334, title III, § 3201(a), Dec. 20, 2018, 132 Stat. 4608.) Editorial Notes PRIOR PROVISIONS A prior section 203 of Pub. L. 95–501 enacted section 1707d of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624. AMENDMENTS 2018—Pub. L. 115–334 amended section generally. Prior to amendment, section related to market access pro- gram. 2008—Subsec. (a). Pub. L. 110–246 inserted ‘‘(including commodities that are organically produced (as defined in section 6502 of this title))’’ after ‘‘agricultural com- modities’’. 1996—Pub. L. 104–127, § 244(a)(1)(A), substituted ‘‘ac- cess’’ for ‘‘promotion’’ in section catchline. Subsecs. (e)(2)(B), (f)(2)(B), (C). Pub. L. 104–127, § 244(a)(1)(B), substituted ‘‘market access program’’ for ‘‘marketing promotion program’’. Subsec. (f)(4). Pub. L. 104–127, § 244(b), added par. (4). 1994—Subsec. (c). Pub. L. 103–465, § 411(d)(1), struck out par. (1) designation and heading, redesignated sub- pars. (A) to (C) of former par. (1) as pars. (1) to (3), re- spectively, and realigned margins, and struck out former par. (2) which related to assistance to counter or offset adverse effects of subsidy, import quota, or other unfair trade practice of foreign country, except in the case of activities conducted by small entities oper- ating through regional State-related organizations. Subsec. (f)(2)(C) to (E). Pub. L. 103–465, § 411(d)(2), in- serted ‘‘or’’ at end of subpar. (C), redesignated subpar. (E) as (D), and struck out former subpar. (D) which read as follows: ‘‘the unfair trade practice that was the basis of the provision of assistance has been discontinued and marketing assistance is no longer required to offset its effects; or’’. 1993—Subsec. (c)(2). Pub. L. 103–66 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Secretary shall provide export assistance under this section on a priority basis in the case of an unfair trade practice.’’ 1991—Subsec. (g)(3). Pub. L. 102–237 substituted ‘‘No- vember 28, 1990,’’ for ‘‘the date of enactment of this Act’’. 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties. PROHIBITION ON ASSISTANCE TO MINK ASSOCIATIONS Pub. L. 105–277, div. A, § 101(a) [title VII, § 718], Oct. 21, 1998, 112 Stat. 2681, 2681–27, as amended by Pub. L. 106–31, title V, § 5001(b), May 21, 1999, 113 Stat. 109; Pub. L. 115–334, title III, § 3201(b)(1)(D), Dec. 20, 2018, 132 Stat. 4616, provided that: ‘‘Hereafter, none of the funds made available in annual appropriations Acts may be used to provide assistance to, or to pay the salaries of per- sonnel to carry out a market promotion/market access program pursuant to section 203(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(b)[)] that provides as- sistance to the United States Mink Export Develop- ment Council or any mink industry trade association.’’ SECRETARIAL ACTIONS TO ACHIEVE SAVINGS IN MARKET ACCESS PROGRAM; REGULATIONS Pub. L. 103–66, title I, § 1302(b), (c), Aug. 10, 1993, 107 Stat. 330, 331, as amended by Pub. L. 104–127, title II, § 244(a)(2)(A)(ii), Apr. 4, 1996, 110 Stat. 968, which di- rected the Secretary of Agriculture to implement changes in the market access program beginning with fiscal year 1994 in order to improve the effectiveness of the program and to meet stated objectives, and re- quired issuance of regulations not later than 90 days after Aug. 10, 1993, was repealed by Pub. L. 115–334, title III, § 3201(b)(1)(E), Dec. 20, 2018, 132 Stat. 4616. Page 1768 TITLE 7—AGRICULTURE § 5624 § 5624. Barter of agricultural commodities (a) In general The Secretary or the Commodity Credit Cor- poration 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 commod- ities 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 Corpora- tion in the normal course of business and available for disposition. (c) Barter by exporters of agricultural commod- ities (1) Purpose The Secretary or the Commodity Credit Cor- poration shall encourage exporters of agricul- tural commodities to barter such commodities for foreign products— (A) to acquire such foreign products need- ed by such exporters; and (B) to develop, maintain, or expand foreign markets for United States agricultural ex- ports. (2) Eligible activities The Secretary or the Commodity Credit Cor- poration may provide eligible commodities to exporters to assist such exporters in barter transactions. (3) Technical assistance The Secretary or the Commodity Credit Cor- poration shall provide technical advice and as- sistance 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 Govern- ment agencies The Secretary or the Commodity Credit Cor- poration 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 Corpora- tion to acquire, hold, or dispose of such foreign materials as such Corporation determines appro- priate in carrying out the functions and pro- tecting the assets of the Corporation. (f) Prohibited activities The Secretary or the Commodity Credit Cor- poration 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 commod- ities that otherwise might be made; (2) unduly disrupt world prices of agricul- tural commodities or the normal patterns of commercial trade with recipient countries; or (3) permit the resale or transshipment of eli- gible 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.) Editorial Notes AMENDMENTS 1991—Subsec. (d). Pub. L. 102–237 amended heading and substituted ‘‘Government’’ for ‘‘government’’ in text. § 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 sec- tion 5621 of this title to reduce the effective rate of interest on export sales of agricultural com- modities. (Pub. L. 95–501, title II, § 205, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3677.) PART B—IMPLEMENTATION § 5641. Funding levels (a) Direct credit programs The Commodity Credit Corporation may make available for each fiscal year such funds of the Commodity Credit Corporation as it determines necessary to carry out any direct credit program established under section 5621 of this title. (b) Export credit guarantee program The Commodity Credit Corporation shall make available for each fiscal year $5,500,000,000 of credit guarantees under section 5622(a) of this title. (Pub. L. 95–501, title II, § 211, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3677; amended Pub. L. 103–66, title I, § 1302(a), Aug. 10, 1993, 107 Stat. 330; Pub. L. 104–127, title II, §§ 243(b), 244(a)(2)(B), (c), Apr. 4, 1996, 110 Stat. 967, 968; Pub. L. 107–171, title III, §§ 3102(d), 3103, May 13, 2002, 116 Stat. 289; Pub. L. 110–246, title III, §§ 3101(b), 3102(b), June 18, 2008, 122 Stat. 1831, 1832; Pub. L. 113–79, title III, §§ 3101(b), 3102, Feb. 7, 2014, 128 Stat. 779; Pub. L. 115–334, title III, § 3201(b)(1)(A), Dec. 20, 2018, 132 Stat. 4616.) Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334 struck out subsec. (c) which related to funding for market access pro- grams under section 5623 of this title and program pri- orities. 2014—Subsec. (b). Pub. L. 113–79, § 3101(b), amended subsec. (b) generally. Prior to amendment, subsec (b) related to credit guarantees under section 5622(a) of this title for fiscal years 1996 to 2012. Subsec. (c)(1)(A). Pub. L. 113–79, § 3102, substituted ‘‘2018’’ for ‘‘2012’’.