7 U.S.C. § 5677 — Trade compensation and assistance programs
submitted 30 years ago by Pub. L. 95-501 to r/title-7-AGRICULTURE · 556 words · no verdicts yet
This section establishes compensation or assistance after specified unilateral export suspensions. It excludes war or armed hostility.
(a) Except under (f), if after April 4, 1996 the President or another executive-branch member unilaterally suspends United States* exports to a country for national-security or foreign-policy reasons, and within 90 days no other country with an agricultural economic interest joins the suspension, the Secretary* must carry out a trade-compensation assistance program. (b) Based on which method is most likely to give producers the greatest compensatory benefit, the Secretary must either (1) pay the commodity’s producers under (c)(1), or (2) provide funds under (c)(2) to promote agricultural exports or provide commodities to developing countries. (c) Payments are based on the Secretary’s estimate of producer losses from a price decrease caused by the suspension. Funds equal 90 percent of the average yearly United States agricultural-export value to that country during the most recent 3 available pre-suspension years. (d) Funds are available for each affected fiscal year or part, but no more than 3 fiscal years. (e) The Secretary must use Corporation funds. (f) This does not apply to a war or armed-hostility trade suspension. (g) For a partial fiscal year, the full calculated amount is provided. If impracticable, some or all may be provided in the next fiscal year in addition to that year’s required amount. (h) For a short-supply suspension, the Secretary must carry out section 1310.
Except as provided in subsection (f), notwithstanding any other provision of law, if, after April 4, 1996, the President or any other member of the executive branch causes exports from the United States* to any country to be unilaterally suspended for reasons of national security or foreign policy, and if within 90 days after the date on which the suspension is imposed on United States exports no other country with an agricultural economic interest agrees to participate in the suspension, the Secretary* shall carry out a trade compensation assistance program in accordance with this section (referred to in this section as a “program”).
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—
compensate producers of the commodity by making payments available to producers, as provided by subsection (c)(1); or
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.
If the Secretary makes payments available to producers under subsection (b)(1), the amount of the payment shall be determined by the Secretary based on the Secretary’s estimate of the loss suffered by producers of the commodity involved due to any decrease in the price of the commodity as a result of the suspension.
For each fiscal year of a program, the amount of funds made available under subsection (b)(2) shall be equal to 90 percent of the average annual value of United States agricultural exports to the country with respect to which exports are suspended during the most recent 3 years prior to the suspension for which data are available.
For each suspension of exports for which a program is implemented under this section, funds shall be made available under subsection (b) for each fiscal year or part of a fiscal year for which the suspension is in effect, but not to exceed 3 fiscal years.
The Secretary shall use funds of the Commodity Credit Corporation to carry out this section.
This section shall not apply to any suspension of trade due to a war or armed hostility.
If the Secretary makes funds available under subsection (b)(2), regardless of whether an embargo is in effect for only part of a fiscal year, the full amount of funds as calculated under subsection (c)(2) shall be made available under a program for the fiscal year. If the Secretary determines that making the required amount of funds available in a partial fiscal year is impracticable, the Secretary may make all or part of the funds required to be made available in the following fiscal year (in addition to any funds otherwise required under a program to be made available in the following fiscal year).
If the President or any other member of the executive branch causes exports to be suspended based on a determination of short supply, the Secretary shall carry out section 1310 of this title.
Source credit: (Pub. L. 95–501, title IV, § 417, as added Pub. L. 104–127, title II, § 249, Apr. 4, 1996, 110 Stat. 969.)
- 1996Enacted · Pub. L. 95-501 · 110 Stat. 969
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-501 on 1996-04-04.
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