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

(c) ČERTIFICATION.-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 section" 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. 505.4o 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 103.42

(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.

41 7 U.S.C. 5711.

42 Sec. 315 of Public Law 102-237 (105 Stat. 1856) struck out "section 104" each place it appeared 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 44 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.

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

contract for export sales entered into or subsequently modified in any manner during the reporting period:

(A) type, class, and quantity of the commodity sought to be exported;

(B) the marketing year of shipment; and

(C) destination, if known.

(2) CONFIDENTIALITY AND COMPILATION OF REPORTS.-Individual reports shall remain confidential 45 but shall be compiled by the Secretary and published in compilation form each week following the week of reporting.

(3) IMMEDIATE REPORTING.-All exporters of agricultural commodities produced in the United States shall, upon request of the Secretary, immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as the Secretary may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily.

(4) MONTHLY REPORTING PERMITTED.-The Secretary may, with respect to any commodity or type or class thereof during any period in which the Secretary determines that

(A) there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements,

(B) total supplies of such commodity in the exporting countries are estimated to be in surplus,

(C) anticipated exports will not result in excessive drain. on domestic supplies, and

(D) to require the reports to be made will unduly hamper export sales,

provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis. (b) FAILURE TO REPORT.-Any person who knowingly fails to make any report required under this section shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.

(c) CONTRACT SANCTITY.-Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity under an export sales contract

(1) that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and

(2) the terms of which require delivery of the commodity within 270 days after the date of the suspension of trade is imposed,

except that the President may prohibit or curtail the export of any agricultural commodity during a period for which the President has declared a national emergency or for which the Congress has declared war.

45 Sec. 327(2) of Public Law 102-237 (105 Stat. 1858) struck out "in accordance with subsection (c)" following "confidential"

SEC. 603.46 OTHER REPORTS TO CONGRESS.

The Secretary shall, on a quarterly basis, prepare and submit to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report specifying the cumulative amount of export assistance provided by the Commodity Credit Corporation and the Secretary under the programs provided under this Act, the Commodity Credit Corporation Charter Act, and under the Agricultural Trade Development and Assistance Act of 1954 during the current fiscal year. Such information may be provided in individual reports, in a consolidated report, or in the Long-Term Agricultural Trade Strategy Report (and annual updates to such report) prepared under section 601.

46 7 U.S.C. 5713.