7 U.S.C. § 5641 — Funding levels

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’’. Page 1769 TITLE 7—AGRICULTURE § 5653 2008—Subsec. (b). Pub. L. 110–246, § 3101(b), added sub- sec. (b) and struck out former subsec. (b) which related to amount available for export credit guarantees for each of fiscal years 1996 through 2007 and limitation on amount of any origination fee. Subsec. (c)(1)(A). Pub. L. 110–246, § 3102(b), substituted ‘‘2008 through 2012’’ for ‘‘2006 and 2007’’. 2002—Subsec. (b)(1). Pub. L. 107–171, § 3102(d), sub- stituted ‘‘2007’’ for ‘‘2002’’. Subsec. (c). Pub. L. 107–171, § 3103, designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respec- tively, of par. (1), added subpar. (A) and struck out former subpar. (A) relating to funds available for mar- ket access activities authorized to be carried out by the Commodity Credit Corporation for fiscal years 1991 through 2002, and added par. (2). 1996—Subsec. (b). Pub. L. 104–127, § 243(b), added sub- sec. (b) and struck out former subsec. (b) which author- ized short and intermediate term export credit guaran- tees for each of fiscal years 1991 through 1995 and fur- ther provided for limitation on origination fees for short-term guarantees. Subsec. (c). Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), sub- stituted ‘‘Market access programs’’ for ‘‘Marketing promotion programs’’ in heading and ‘‘market access activities’’ for ‘‘market promotion activities’’ in intro- ductory provisions. Subsec. (c)(1). Pub. L. 104–127, § 244(c), struck out ‘‘and’’ after ‘‘1993,’’ and substituted ‘‘through 1995, and not more than $90,000,000 for each of fiscal years 1996 through 2002,’’ for ‘‘through 1997,’’. Pub. L. 104–127, § 244(a)(2)(B)(iii), substituted ‘‘market access program’’ for ‘‘market development program’’. Subsec. (c)(2). Pub. L. 104–127, § 244(a)(2)(B)(iv), sub- stituted ‘‘market access program’’ for ‘‘marketing pro- motion program’’. 1993—Subsec. (c)(1). Pub. L. 103–66 substituted ‘‘through 1993, and not less than $110,000,000 for each of the fiscal years 1994 through 1997,’’ for ‘‘through 1995’’. 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 1996 AMENDMENT Pub. L. 104–127, title II, § 244(c), Apr. 4, 1996, 110 Stat. 968, provided that the amendment made by section 244(c) is effective Oct. 1, 1995. SUBCHAPTER III—BARRIERS TO EXPORTS § 5651. Repealed. Pub. L. 110–246, title III, § 3103(a), June 18, 2008, 122 Stat. 1832 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under sec- tion 8701 of this title. § 5652. Relief from unfair trade practices (a) Use of programs (1) In general The Secretary may, for each article de- scribed in paragraph (2), make available some or all of the commercial export promotion pro- grams 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 pro- ceeding described in paragraph (2). (2) Commodities specified Paragraph (1) shall apply in the case of arti- cles for which the United States has insti- tuted, under any international trade agree- ment, any dispute settlement proceeding based on an unfair trade practice if such pro- ceeding has been prevented from progressing to a decision by the refusal of the party main- taining 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 Depart- ment of Agriculture and the Commodity Cred- it 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 in- dustry preference for the practical use of available commercial export promotion pro- grams 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.) Editorial Notes PRIOR PROVISIONS 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. § 5653. Equitable treatment of high-value and value-added United States agricultural com- modities 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 agricul- tural commodities and value-added products of United States agricultural commodities.