
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5677]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 87--EXPORT PROMOTION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 5677. Trade compensation and assistance programs


(a) In general

    Except as provided in subsection (f) of this section, 
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'').

(b) Compensation or provision of funds

    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--
        (1) compensate producers of the commodity by making payments 
    available to producers, as provided by subsection (c)(1) of this 
    section; or
        (2) make available an amount of funds calculated under 
    subsection (c)(2) of this section, to promote agricultural exports 
    or provide agricultural commodities to developing countries under 
    any authorities available to the Secretary.

(c) Determination of amount of compensation or funds

                          (1) Compensation

        If the Secretary makes payments available to producers under 
    subsection (b)(1) of this section, 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.

                (2) Determination of amount of funds

        For each fiscal year of a program, the amount of funds made 
    available under subsection (b)(2) of this section 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.

(d) Duration of program

    For each suspension of exports for which a program is implemented 
under this section, funds shall be made available under subsection (b) 
of this section for each fiscal year or part of a fiscal year for which 
the suspension is in effect, but not to exceed 3 fiscal years.

(e) Commodity Credit Corporation

    The Secretary shall use funds of the Commodity Credit Corporation to 
carry out this section.

(f) Exception to carrying out program

    This section shall not apply to any suspension of trade due to a war 
or armed hostility.

(g) Partial year embargoes

    If the Secretary makes funds available under subsection (b)(2) of 
this section, 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) of this section 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).

(h) Short supply embargoes

    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.

(Pub. L. 95-501, title IV, Sec. 417, as added Pub. L. 104-127, title II, 
Sec. 249, Apr. 4, 1996, 110 Stat. 969.)
