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Title 7 — Agriculture

Part B · Chapter 87 — Export Promotion

§ 5641. Funding levels

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Trade Act of 1978

    Pub. L. 95–501 title II § 211 · 92 Stat. 1685

    Enacted · 7 U.S.C. § 5641

    Pub. L. 95–501, title II, § 211, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3677

    Source evidence

    Code source credit
    Pub. L. 95–501, title II, § 211, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3677

  2. Agricultural Reconciliation Act of 1993

    Pub. L. 103–66 title I § 1302(a) · 107 Stat. 312

    Substituted · 7 U.S.C. § 5641(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Reduction of Funding Level.— Section 211(c)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)) is amended by striking “through 1995” and inserting “through 1993, and not less than $110,000,000 for each of the fiscal years 1994 through 1997”.

  3. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 243(b) · 110 Stat. 888

    1. Added · 7 U.S.C. § 5641(b)

      Pub. L. 104–127, § 243(b), added subsec. (b)

    2. Struck · 7 U.S.C. § 5641(b)

      Pub. L. 104–127, § 243(b), struck out former subsec. (b) which authorized short and intermediate term export credit guarantees for each of fiscal years 1991 through 1995 and further provided for limitation on origination fees for short-term guarantees

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–127, § 243(b), added subsec. (b) and struck out former subsec. (b) which authorized short and intermediate term export credit guarantees for each of fiscal years 1991 through 1995 and further provided for limitation on origination fees for short-term guarantees.

    Enacted provision · exact public law section
    (b) Funding Levels.— Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (b) and inserting the following: “(b) Export Credit Guarantee Programs.— “(1) Export credit guarantees.— The Commodity Credit Corporation shall make available for each of fiscal years 1996 through 2002 not less than $5,500,000,000 in credit guarantees under subsections (a) and (b) of section 202. “(2) Limitation on origination fee.— Notwithstanding any other provision of law, the Secretary may not charge an origination fee with respect to any credit guarantee transaction under section 202(a) in excess of an amount equal to 1 percent of the amount of credit to be guaranteed under the transaction, except with respect to an export credit guarantee transaction pursuant to section 1542(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note).”.

  4. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 244(a)(2)(B)(i) · 110 Stat. 888

    1. Substituted · 7 U.S.C. § 5641(c)

      Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), substituted “Market access programs” for “Marketing promotion programs” in introductory provisions

    2. Substituted · 7 U.S.C. § 5641(c)

      Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), substituted “market access activities” for “market promotion activities” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), substituted “Market access programs” for “Marketing promotion programs” in heading and “market access activities” for “market promotion activities” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the subsection heading, by striking “Marketing Promotion Programs” and inserting “Market Access Programs”;

  5. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 244(c) · 110 Stat. 888

    1. Struck · 7 U.S.C. § 5641(c)(1)

      Pub. L. 104–127, § 244(c), struck out “and” after “1993,”

    2. Substituted · 7 U.S.C. § 5641(c)(1)

      Pub. L. 104–127, § 244(c), substituted “through 1995, and not more than $90,000,000 for each of fiscal years 1996 through 2002,” for “through 1997,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    (c) Funding.— Effective October 1, 1995, section 211(c)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)) is amended— (1) by striking “and” after “1991 through 1993,”; and (2) by striking “through 1997,” and inserting “through 1995, and not more than $90,000,000 for each of fiscal years 1996 through 2002,”.

  6. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 244(a)(2)(B)(iii) · 110 Stat. 888

    Substituted · 7 U.S.C. § 5641(c)(1)

    Pub. L. 104–127, § 244(a)(2)(B)(iii), substituted “market access program” for “market development program”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–127, § 244(a)(2)(B)(iii), substituted “market access program” for “market development program”.

    Enacted provision · exact public law section
    (iii) in paragraph (1), by striking “market development program” and inserting “market access program”; and

  7. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 § 244(a)(2)(B)(iv) · 110 Stat. 888

    Substituted · 7 U.S.C. § 5641(c)(2)

    Pub. L. 104–127, § 244(a)(2)(B)(iv), substituted “market access program” for “marketing promotion program”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–127, § 244(a)(2)(B)(iv), substituted “market access program” for “marketing promotion program”.

    Enacted provision · exact public law section
    (iv) in paragraph (2), by striking “marketing promotion program” and inserting “market access program”.

  8. Pub. L. 107–171 § 3102(d) · 116 Stat. 134

    Substituted · 7 U.S.C. § 5641(b)(1)

    Pub. L. 107–171, § 3102(d), substituted “2007” for “2002”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–171, § 3102(d), substituted “2007” for “2002”.

    Enacted provision · exact public law section
    (d) Reauthorization.— Section 211(b)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(b)(1)) is amended by striking “2002” and inserting “2007".

  9. Pub. L. 107–171 § 3103 · 116 Stat. 134

    1. Amended · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, designated existing provisions as par. (1)

    2. Inserted · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, inserted heading

    3. Redesignated · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

    4. Added · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, added subpar. (A)

    5. Struck · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, struck out former subpar. (A) relating to funds available for market access activities authorized to be carried out by the Commodity Credit Corporation for fiscal years 1991 through 2002

    6. Added · 7 U.S.C. § 5641(c)

      Pub. L. 107–171, § 3103, added par. (2)

    Source evidence

    Code amendment note
    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), respectively, of par. (1), added subpar. (A) and struck out former subpar. (A) relating to funds available for market access activities authorized to be carried out by the Commodity Credit Corporation for fiscal years 1991 through 2002, and added par. (2).

    Enacted provision · exact public law section
    SEC. 3103. MARKET ACCESS PROGRAM. Section 211(c) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking “The Commodity” and inserting the following: “(1) In general.— The Commodity”; (3) by striking subparagraph (A) (as so redesignated) and inserting the following: “(A) in addition to any funds that may be specifically appropriated to implement a market access program, not more than $90,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003, $125,000,000 for fiscal year 2004, $140,000,000 for fiscal year 2005, and $200,000,000 for each of fiscal years 2006 and 2007, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation; and” ; and (4) by adding at the end the following: “(2) Program priorities.— In providing any amount of funds made available under paragraph (1)(A) for any fiscal year that is in excess of the amount made available under paragraph (1)(A) for fiscal year 2001, the Secretary shall, to the maximum extent practicable— “(A) give equal consideration to— “(i) proposals submitted by organizations that were participating organizations in prior fiscal years; and “(ii) proposals submitted by eligible trade organizations that have not previously participated in the program established under this title; and (B) give equal consideration to— “(i) proposals submitted for activities in emerging markets; and “(ii) proposals submitted for activities in markets other than emerging markets.”.

  10. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 3101(b) · 122 Stat. 1651

    1. Added · 7 U.S.C. § 5641(b)

      Pub. L. 110–246, § 3101(b), added subsec. (b)

    2. Struck · 7 U.S.C. § 5641(b)

      Pub. L. 110–246, § 3101(b), 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–246, § 3101(b), added subsec. (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.

    Enacted provision · exact public law section
    (b) Funding Levels.— Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (b) and inserting the following: “(b) Export Credit Guarantee Programs.— The Commodity Credit Corporation shall make available for each of fiscal years 1996 through 2012 credit guarantees under section 202(a) in an amount equal to but not more than the lesser of— “(1) $5,500,000,000 in credit guarantees; or “(2) the sum of— “(A) the amount of credit guarantees that the Commodity Credit Corporation can make available using budget authority of $40,000,000 for each fiscal year for the costs of the credit guarantees; and “(B) the amount of credit guarantees that the Commodity Credit Corporation can make available using unobligated budget authority for prior fiscal years.” .

    Effective date note
    Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

  11. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 3102(b) · 122 Stat. 1651

    Substituted · 7 U.S.C. § 5641(c)(1)(A)

    Pub. L. 110–246, § 3102(b), substituted “2008 through 2012” for “2006 and 2007”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 110–246, § 3102(b), substituted “2008 through 2012” for “2006 and 2007”.

    Enacted provision · exact public law section
    (b) Funding.— Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking “$200,000,000 for each of fiscal years 2006 and 2007” and inserting “$200,000,000 for each of fiscal years 2008 through 2012”.

    Effective date note
    Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

  12. Agricultural Act of 2014

    Pub. L. 113–79 § 3101(b) · 128 Stat. 649

    Amended · 7 U.S.C. § 5641(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Funding.— Subsection (b) of section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows: “(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 202(a).” .

  13. Agricultural Act of 2014

    Pub. L. 113–79 § 3102 · 128 Stat. 649

    Substituted · 7 U.S.C. § 5641(c)(1)(A)

    Pub. L. 113–79, § 3102, substituted “2018” for “2012”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 113–79, § 3102, substituted “2018” for “2012”.

    Enacted provision · exact public law section
    SEC. 3102. FUNDING FOR MARKET ACCESS PROGRAM.   Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking “2012” and inserting “2018”.

  14. Agriculture Improvement Act of 2018

    Pub. L. 115–334 title III § 3201(b)(1)(A) · 132 Stat. 4490

    Struck · 7 U.S.C. § 5641(c)

    Pub. L. 115–334 struck out subsec. (c) which related to funding for market access programs under section 5623 of this title and program priorities

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334 struck out subsec. (c) which related to funding for market access programs under section 5623 of this title and program priorities.

    Enacted provision · exact public law section
    (A) Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (c).

22 of 23 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1993–2018 · 6 rounds

2018

Subsec. (c). Pub. L. 115–334 struck out subsec. (c) which related to funding for market access programs under section 5623 of this title and program priorities.

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”.

2008

Subsec. (b). Pub. L. 110–246, § 3101(b), added subsec. (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), substituted “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), respectively, of par. (1), added subpar. (A) and struck out former subpar. (A) relating to funds available for market 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 subsec. (b) and struck out former subsec. (b) which authorized short and intermediate term export credit guarantees for each of fiscal years 1991 through 1995 and further provided for limitation on origination fees for short-term guarantees.

Subsec. (c). Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), substituted “Market access programs” for “Marketing promotion programs” in heading and “market access activities” for “market promotion activities” in introductory 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), substituted “market access program” for “marketing promotion 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 , see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–127, title II, § 244(c), , 110 Stat. 968, provided that the amendment made by section 244(c) is effective .

Credits

1990–2018 · 7 acts
  1. 1990Pub. L. 95–501, title II, § 211, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3677
  2. 1993amended Pub. L. 103–66, title I, § 1302(a), , 107 Stat. 330
  3. 1996Pub. L. 104–127, title II, §§ 243(b), 244(a)(2)(B), (c), , 110 Stat. 967, 968
  4. 2002Pub. L. 107–171, title III, §§ 3102(d), 3103, , 116 Stat. 289
  5. 2008Pub. L. 110–246, title III, §§ 3101(b), 3102(b), , 122 Stat. 1831, 1832
  6. 2014Pub. L. 113–79, title III, §§ 3101(b), 3102, , 128 Stat. 779
  7. 2018Pub. L. 115–334, title III, § 3201(b)(1)(A), , 132 Stat. 4616.
Show as published

(Pub. L. 95–501, title II, § 211, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3677; amended Pub. L. 103–66, title I, § 1302(a), , 107 Stat. 330; Pub. L. 104–127, title II, §§ 243(b), 244(a)(2)(B), (c), , 110 Stat. 967, 968; Pub. L. 107–171, title III, §§ 3102(d), 3103, , 116 Stat. 289; Pub. L. 110–246, title III, §§ 3101(b), 3102(b), , 122 Stat. 1831, 1832; Pub. L. 113–79, title III, §§ 3101(b), 3102, , 128 Stat. 779; Pub. L. 115–334, title III, § 3201(b)(1)(A), , 132 Stat. 4616.)

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