§ 5661. Program controls for export programs

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. 1990

   Agricultural Trade Act of 1978

   Pub. L. 95–501 title IV § 401 · 92 Stat. 1685

   Enacted · 7 U.S.C. § 5661

   Pub. L. 95–501, title IV, § 401, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680

   Source evidence

   Code source credit
   Pub. L. 95–501, title IV, § 401, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680

   Enacted provision · exact public law section
   Sec. 401. Title VI of the Act of August 28, 1954, as amended by title III of this Act, is further amended by— (1) adding immediately after section 605 a new subtitle B as follows: “Subtitle B— United States Agricultural Trade Offices “Sec. 605A. (a) For the purpose of developing, maintaining, and expanding international markets for United States agricultural commodities, the Secretary of Agriculture, after consultation with the Secretary of State, shall establish not less than six nor more than twenty-five United States Agricultural Trade Offices in other nations. “(b) each United States Agricultural Trade Office shall be directed and administered by an Agricultural Trade Officer who by reason of training, experience, and attainments is qualified to carry out the pur-poses of this subtitle. Such Officer shall be appointed by the Secretary Appointment. of Agriculture. “(c) Each Agricultural Trade Officer may be appointed without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, 5 USC 5101 et seq. 5332 note. except that no Agricultural Trade Officer (1) may be paid basic pay at a rate in excess of the maximum annual rate of basic pay payable for GS-17 of the General Schedule under section 5332 of such title, or (2) may be paid at a rate in excess of the highest rate paid to an Agricultural Counselor or Attaché, as the case may be, who is appointed under subtitle A of this title to the nation in which such Officer is to Ante, p. 1688. serve. “(d) Each Agricultural Trade Officer shall, through the Agricultural Transmittal of information. Counselor or Attaché or other senior representative of the Secretary of Agriculture in each nation in which the United States Agricultural Trade Office administered by such Officer exercises its functions, keep the Chief of the United States diplomatic mission fully and currently informed with respect to all activities and operations of such Office. “(e) Each Agricultural Trade Officer shall be responsible for the exercise of the functions of the United States Agricultural Trade Office, and shall have the authority to direct and supervise all personnel and activities thereof. “(f) To carry out the functions of United States Agricultural Trade Offices, the Secretary of Agriculture may appoint such other personnel as the Secretary determines to be necessary and may, with the concurrence of the Secretary of State, assign such personnel abroad and employ local nationals for necessary professional and clerical help. “(g) No employee of any United States Agricultural Trade Office may engage in any business, vocation, or other employment, or have other interests, that are inconsistent with official responsibilities. “(h) Upon the request of the Secretary of Agriculture, the Secretary Diplomatic privileges and immunities. of State shall request for Agricultural Trade Officers and personnel of United States Agricultural Trade Offices diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of comparable rank and salary. “Sec. 605B. The functions of each United States Agricultural Trade Functions. 7 USC 1765b. Office shall be to— “(1) increase the effectiveness of agricultural export promotion efforts through consolidation of activities, providing services and facilities for foreign buyers and United States trade representatives, and coordination of market development, activities sponsored by the Department of Agriculture; “(2) establish goals by nation or region and agricultural commodity for developing, expanding, and maintaining markets for United States agricultural commodities; “(3) initiate programs to achieve the export marketing goals approved by the Department of Agriculture; “(4) maintain facilities for use by nonresident cooperators, private trade groups, and other individuals engaged in the import and export of United States agricultural commodities where the use of such facilities would aid in the conduct of market development activities, and cooperate, to the maximum extent practicable, with such cooperators, groups, and individuals to expand the level of United States agricultural exports; “(5) develop and maintain a current listing of trade, government, and other appropriate organizations for each agricultural commodity area and make such listing available to persons with a bonafide interest in exporting or importing United States agricultural commodities; “(6) originate and provide assistance for exhibits, sales teams, and other functions for the promotion of United States agricultural commodities; “(7) provide practical assistance for the use of the programs under the Agricultural Trade Development and Assistance Act 7 USC 1691 note. of 1954, the export credit sales program, the export incentives program, and related programs of the United States Government where use of such programs will serve as a market development tool for United States agriculture; “(8) supervise project agreements with United States cooperators, coordinate the activities of the United States Agricultural Trade Office with those of the cooperators, and submit annual recommendations to the Secretary of Agriculture on the efficacy of cooperator programs; “(9) publicize the services offered by the United States Agricultural Trade Office through advertisements in trade journals or by other appropriate means; and “(10) perform such other functions as the Secretary of Agriculture, in consultation with the Secretary of State, determines to be necessary and proper for achieving the purposes of this subtitle. “Sec. 605C. Each United States Agricultural Trade Office shall carry out its functions under section 605B in the nation where the United States Agricultural Trade Office is located and in such other nations as the Secretary of Agriculture, in consultation with the Secretary of State, may prescribe in order to carry out the purposes of this subtitle. “Sec. 605D. Upon the request of the Secretary of Agriculture, the Secretary of State may use the authorities contained in the Foreign 22 USC 292. Service Buildings Act, 1926, to acquire sites and buildings, including living quarters, for the purpose or establishing United States Agricultural Trade Offices. “Sec. 605E. United States Agricultural Trade Offices shall be centrally located in the cities of assignment to facilitate foreign trade meetings and foreign trade reliance on such offices for assistance in marketing activities. “Sec. 605F. Upon the request of the Secretary of Agriculture, each Federal agency may make its services, personnel, and facilities available to a United States Agricultural Trade Office in the performance of its functions. The Secretary of Agriculture may reimburse or advance funds to any such agency for services, personnel, and facilities so made available. “Sec. 605G. The prolusions of section 604(a) of this title shall apply with respect to personnel appointed and assigned under this subtitle.”; (2) redesignating section 606 as section 606A and inserting Supra immediately after new section 605G, as added by this section, the subtitle designation and new section 606 as follows: “Subtitle C— Representation Allowances, Regulations, General Provisions, and Authorization for Appropriations “Sec. 606. Any Agricultural Trade Officer and the senior representative of the Secretary of Agriculture assigned to a nation under subtitle A of this title may, under regulations prescribed by the Secretary of Agriculture, be entitled to receive a representation allowance in an amount determined by considering (1) the extent to which such Agricultural Trade Officer or senior representative can effectively use such funds to further the purposes of this title, (2) travel and entertainment expenses customary in the private trade for persons of comparable rank and salary, and (3) customs and practices in the nation where such Agricultural Trade Officer or senior representative is assigned.”; (3) redesignating sections 602(d), 602(f), and 603 as sections 606B, 606C, and 606D, respectively, and inserting the redesignated sections immediately after section 606A, as redesignated by paragraph (2) of this section; (4) in section 606C, as redesignated by paragraph (3) of this Supra. section, striking out “subsection” wherever that word appears therein and inserting in lieu thereof “section”; (5) redesignating section 602(e) as 602(d); and (6) adding at the end thereof a new section 609 as follows: “Sec. 609. The term ‘agricultural commodity’ as used in this title “Agricultural commodity.” 7 USC 1769. includes any agricultural commodity or product thereof.”.

2. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title II § 246 · 110 Stat. 888

   1. Added · 7 U.S.C. § 5661(a)

      Pub. L. 104–127 added subsec. (a)

   2. Struck · 7 U.S.C. § 5661(a)

      Pub. L. 104–127 struck out heading and text of former subsec. (a). Text read as follows: “With respect to commodities or other assistance provided, or for which financing or credit guarantees are made available, under the programs authorized in sections 5621, 5622, and 5651 of this title, the Commodity Credit Corporation shall—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–127 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “With respect to commodities or other assistance provided, or for which financing or credit guarantees are made available, under the programs authorized in sections 5621, 5622, and 5651 of this title, the Commodity Credit Corporation shall—

   “(1) require the exporter to maintain records of an official or customary commercial nature or other documents as the Secretary may require, and have access to such documents or records as needed to verify the arrival of agricultural commodities exported in connection with such programs in the countries that were the intended destination of such commodities; and “(2) obtain certification from the seller or exporter of record of such commodities, that there were no corrupt payments or extra sales services, or other items extraneous to the transaction provided, financed, or guaranteed in connection with the transaction, and that the transaction complied with applicable United States law.”

   Enacted provision · exact public law section
   SEC. 246. ARRIVAL CERTIFICATION. Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C. 5661) is amended by striking subsection (a) and inserting the following: “(a) Arrival Certification.— With respect to a commodity provided, Records. or for which financing or a credit guarantee or other assistance is made available, under a program authorized in section 201, 202, or 301, the Commodity Credit Corporation shall require the exporter of the commodity to maintain records of an official or customary commercial nature or other documents as the Secretary may require, and shall allow representatives of the Commodity Credit Corporation access to the records or documents as needed, to verify the arrival of the commodity in the country that is the intended destination of the commodity.”.

3. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 3103(b)(4)(A) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 5661(a)

   Pub. L. 110–246, § 3103(b)(4)(A), substituted “section 5621 or 5622” for “section 5621, 5622, or 5651”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–246, § 3103(b)(4)(A), substituted “section 5621 or 5622” for “section 5621, 5622, or 5651”.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “section 201, 202, or 301” and inserting “section 201 or 202”; and

   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.

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 3103(b)(4)(B) · 122 Stat. 1651

   Substituted · 7 U.S.C. § 5661(b)

   Pub. L. 110–246, § 3103(b)(4)(B), substituted “sections 5621 and 5622” for “sections 5621, 5622, and 5651”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–246, § 3103(b)(4)(B), substituted “sections 5621 and 5622” for “sections 5621, 5622, and 5651”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking “sections 201, 202, and 301” and inserting “sections 201 and 202”; and

   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.

5 of 5 references resolved to an enrolled provision