SEC. 412.30 DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF EMBARGOES.

To alleviate, to the maximum extent possible, the adverse impact on farmers, elevator operators, common carriers, and exporters of agricultural commodities of the President or other member of the executive branch of the Federal Government causing the export of any agricultural commodity to any country or area of the world to be suspended or restricted, the Secretary of Agriculture shall

(1) develop a comprehensive contingency plan that shall include

(A) an assessment of existing farm programs with a view to determining whether such programs are sufficiently flexible to enable the Secretary to efficiently and effectively offset the adverse impact of such a suspension or restriction on farmers, elevator operators, common carriers, and exporters of commodities provided for under such programs;

(B) an evaluation of the kinds and availability of information needed to determine, on an emergency basis, the extent and severity of the impact of such a suspension or restriction on producers, elevator operators, common carriers, and exporters; and

(C) the development of criteria for determining the extent, if any, to which the impact of such a suspension or restriction should be offset in the case of each of the sectors referred to in paragraph (1)(B);

(2) for any suspension or restriction for which compensation is not provided under section 411, prepare and submit to the appropriate Committees of Congress such recommendations for changes in existing agricultural programs, or for new programs, as the Secretary considers necessary to handle effectively, efficiently, economically, and fairly the impact of any such suspension or restriction;

(3) for any suspension or restriction for which compensation is provided under section 411, prepare and submit to the appropriate Committees of Congress a plan for implementing and administering section 411; and

(4) require the Commodity Credit Corporation, prior to such Corporation purchasing any contracts for the purpose of offsetting the impact of a commodity suspension or restriction, to (A) prepare an economic justification for each commodity involved in the suspension or restriction to determine if such a purchase is necessary;

(B) estimate any suspension- or restriction-related benefits and detrimental effects to the exporters, and use both estimates in determining the extent, if any, Federal assistance is needed; and

(C) limit its purchases to only those types and grades of commodities suspended or restricted from shipment and make such purchases at prices at or near the current market prices.

30 7 U.S.C. 5672.

TO EXPAND AGRICULTURAL

SEC. 413.31 CONTRACTING AUTHORITY
EXPORT MARKETS.

(a) IN GENERAL.-The Secretary may contract with individuals for services to be performed outside the United States as the Secretary determines necessary or appropriate for carrying out programs and activities to maintain, develop, or enhance export markets for United States agricultural commodities and products.

(b) NOT EMPLOYEES OF THE UNITED STATES.-Individuals referred to in subsection (a) shall not be regarded as officers or employees of the United States.

SEC. 414.32 TRADE CONSULTATIONS CONCERNING IMPORTS.

(a) CONSULTATION BETWEEN AGENCIES.-The Secretary shall require consultation between the Administrator of the Service and the heads of other appropriate agencies and offices of the Department of Agriculture, including the Administrator of the Animal and Plant Health Inspection Service, prior to relaxing or removing any restriction on the importation of any agricultural commodity into the United States.

(b) CONSULTATION WITH TRADE REPRESENTATIVE.-The Secretary shall consult with the United States Trade Representative prior to relaxing or removing any restriction on the importation of any agricultural commodity or a product thereof into the United States. SEC. 415.33 TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS.

The Secretary shall provide technical services to the United States Trade Representative on matters pertaining to agricultural trade and with respect to international negotiations on issues related to agricultural trade.

SEC. 416.34 LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS.

(a) IN GENERAL.-The Secretary may provide that a person shall be ineligible for participation in an export program established under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursuant to section 32 of the Act entitled "An Act to amend the Agricultural Adjustment Act, and for other purposes", approved August 24, 1935 (7 U.S.C. 612c) with respect to the export of any agricultural commodity or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 313(j)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(b) VEGETABLE OIL.-A person shall be ineligible for participation in any of the export programs referred to in subsection (a) with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 313 of the Tariff Act of 1930, of any

31 7 U.S.C. 5673. 32 7 U.S.C. 5674. 337 U.S.C. 5675. 34 7 U.S.C. 5676.

duty, tax, or fee imposed under Federal law on an imported commodity or product.

(c) CERTIFICATION.-If the Secretary takes action under the authority granted under subsection (a), a person applying to export any agricultural commodity under the export programs referred to in subsection (a) shall certify that none of the commodity has been or will be used as the basis of a claim for any refund specified in subsection (a), except that regardless of whether the Secretary takes action under the authority granted under subsection (a), a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b).

(d) REGULATIONS.-The Secretary shall promulgate regulations to carry out this section.

(e) APPLICABILITY.-This section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to November 28, 1990,35 for an export sale.

TITLE V-FOREIGN AGRICULTURAL SERVICE

SEC. 501.36 UNDER SECRETARY FOR INTERNATIONAL AFFAIRS AND COMMODITY PROGRAMS.

There is hereby established in the Department of Agriculture the position of Under Secretary of Agriculture for International Affairs and Commodity Programs to be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary of Agriculture for International Affairs and Commodity Programs is authorized to exercise such functions and perform such duties related to foreign agriculture and agricultural stabilization and conservation, and shall perform such other duties, as may be required by law or prescribed by the Secretary of Agriculture.

SEC. 502.37 ADMINISTRATOR OF THE FOREIGN AGRICULTURAL SERVICE. (a) ESTABLISHMENT.-There is hereby established in the Department of Agriculture the position of Administrator of the Foreign Agricultural Service.

(b) DUTIES.-The Administrator of the Foreign Agricultural Service is authorized to exercise such functions and perform such duties related to foreign agriculture, and shall perform such other duties, as may be required by law or prescribed by the Secretary of Agriculture.

(c) USE OF SERVICE.-In carrying out the duties under this section, the Administrator shall oversee the operations of the Foreign Agricultural Service, the General Sales Manager, and the Agricultural Attache Service.

SEC. 503.38 ESTABLISHMENT OF THE FOREIGN AGRICULTURAL SERVICE. The Service shall assist the Secretary in carrying out the agricultural trade policy of the United States by acquiring information

35 Sec. 313 of Public Law 102-237 (105 Stat. 1856) struck out "the effective date of this sec tion" and inserted in lieu thereof "November 28, 1990".

36 7 U.S.C. 5691.

37 7 U.S.C. 5692.

38 7 U.S.C. 5693.

pertaining to agricultural trade, carrying out market promotion and development activities, and implementing the programs authorized in this Act, the Agricultural Trade Development and Assistance Act of 1954, and other Acts.

SEC. 504.39 STAFF OF THE FOREIGN AGRICULTURAL SERVICE.

(a) PERSONNEL OF THE SERVICE. To ensure that the agricultural export programs of the United States are carried out in an effective manner, the authorized number of personnel for the Service shall not be less than 900 staff years each fiscal year.

(b) RANK OF FOREIGN AGRICULTURAL SERVICE OFFICERS IN FOREIGN MISSIONS.-Notwithstanding any other provision of law, the Secretary of State shall, on the request of the Secretary of Agriculture, accord the diplomatic title of Minister-Counselor to the senior Service officer assigned to any United States mission abroad. The number of Service officers holding such diplomatic title at any time may not exceed twelve.

SEC. 505.40 AUTHORIZATION OF APPROPRIATIONS.

There are hereby authorized to be appropriated for the Service such sums as may be necessary to carry out the provisions of this title.

TITLE VI-REPORTS

SEC. 601.41 LONG-TERM AGRICULTURAL TRADE STRATEGY REPORT.

(a) IN GENERAL.-The Secretary shall periodically prepare a longterm agricultural trade strategy report on the long-term agricultural trade strategy developed by the Secretary under section 103.4

42

(b) FREQUENCY.-The initial report prepared under subsection (a) shall be submitted under subsection (f) prior to October 1, 1991. Subsequent reports shall be submitted under subsection (f) prior to October 1 of each_third fiscal year occurring after fiscal year 1992.

(c) CONTENTS.-Each report prepared under subsection (a) shall describe in detail each aspect of the long-term agricultural trade strategy prepared under section 103.42

(d) CONSULTATION.-In preparing each report under subsection (a), the Secretary shall consult with the United States Trade Representative to ensure that the report is coordinated with the annual national trade policy agenda that is included in the annual report prepared under section 163 of the Trade Act of 1974 for the relevant fiscal year.

(e) UPDATE.-The Secretary shall prepare an annual update to the report required under subsection (a) in each of the 2 fiscal years following the year for which a report is prepared under subsection (a). Such updates shall contain a description of any revisions to the long-term agricultural trade strategy under section 103,42 any changes in law that are necessary to meet the goals of the long-term agricultural trade strategy, and such other information as the Secretary considers appropriate.

39 7 U.S.C. 5694.

40 7 U.S.C. 5695. Originally enacted as sec. 506, sec. 314 of Public Law 102-237 (105 Stat. 1856) redesignated this section as 505.

417 U.S.C. 5711.

42 Sec. 315 of Public Law 102-237 (105 Stat. 1856) struck out "section 104" each place it ap peared in section 601, and inserted in lieu thereof "section 103".

(f) TREATMENT AS ANNUAL BUDGET SUBMISSION.—

(1) REPORT.—The report required under subsection (a), or the updates required under subsection (e), shall be submitted to Congress annually with the Budget of the United States Government for the appropriate fiscal year.

(2) RECOMMENDED LEVELS OF SPENDING.-Any provision of a report under subsection (a) or the annual updates under subsection (e) that relates to recommended levels of spending on international activities of the Department of Agriculture shall be included in the Budget of the United States Government submitted by the President for the fiscal year beginning in the year in which such report or update is submitted. Such reports and updates shall be submitted to Congress together with the budget request for other programs of the Department of Agriculture for such fiscal year. (g) AVAILABILITY OF REPORT.

(1) SUBMISSION TO CONGRESS.-The Secretary shall submit each report required under subsection (a) and the updates to such report under subsection (e) to the Committee on Agriculture, the Committee on Foreign Affairs, and the Committee on Ways and Means of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate.

(2) AVAILABILITY TO PUBLIC.-Except as provided in paragraph (3), the Secretary may make the report required under subsection (a) and the updates under subsection (e) available to the general public, including the department of agriculture of any State.

(3) CONFIDENTIALITY.-The Secretary may designate parts of the report required under subsection (a) or any update prepared under subsection (e) as confidential and such parts shall not be released to the general public, if—

(A) the Secretary determines that the release of such information would disadvantage the United States with respect to its competitors in specific foreign markets; or

(B) the Secretary determines that any of such information is confidential business information.

(4) EXCEPTION OF PERFORMANCE.-The provisions of paragraph (3)(A) shall not be applicable with respect to that part of the agricultural trade strategy under section 103 42 that reviews the agricultural trade performance of the United States over the previous 3-year period.

SEC. 602.43 EXPORT REPORTING AND CONTRACT SANCTITY. (a) EXPORT SALES REPORTS.—

(1) IN GENERAL.-All exporters of wheat and wheat flour, feed grains, oil seeds, cotton and products thereof, and other commodities that the Secretary may designate produced ** in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any

43 7 U.S.C. 5712.

Sec. 327 of Public Law 102-237 (105 Stat. 1858) struck out "designate as produced" and inserted in lieu thereof "designate produced".