Title 7AgricultureRelease 119-73

§5677 Trade compensation and assistance programs

Title 7 › Chapter CHAPTER 87— - EXPORT PROMOTION › Subchapter SUBCHAPTER IV— - GENERAL PROVISIONS › Part Part B— - Miscellaneous Provisions › § 5677

Last updated Apr 6, 2026|Official source

Summary

If, after April 4, 1996, the President or another executive-branch official stops U.S. exports to a country for national security or foreign policy reasons, and no other country with an agricultural economic interest joins the stoppage within 90 days, the Secretary must run a trade compensation assistance program to help affected farmers and producers. The Secretary will pick the option that gives the most benefit: either pay producers for losses or use funds to boost agricultural exports or send U.S. commodities to developing countries under existing authorities. If payments go to producers, the amount is set by the Secretary based on estimated price losses caused by the suspension. If funds are used for exports or donations, the yearly amount equals 90 percent of the average annual U.S. agricultural exports to that country over the most recent 3 years with available data. Support can be provided for each fiscal year the suspension lasts, up to 3 fiscal years. The Commodity Credit Corporation supplies the money. The rule does not apply to suspensions caused by war or armed hostility. If the suspension is for short supply, the Secretary must follow section 1310.

Full Legal Text

Title 7, §5677

Agriculture — Source: USLM XML via OLRC

(a)Except as provided in subsection (f), 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)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); or
(2)make available an amount of funds calculated under subsection (c)(2), to promote agricultural exports or provide agricultural commodities to developing countries under any authorities available to the Secretary.
(c)(1)If the Secretary makes payments available to producers under subsection (b)(1), 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)For each fiscal year of a program, the amount of funds made available under subsection (b)(2) 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)For each suspension of exports for which a program is implemented under this section, funds shall be made available under subsection (b) 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)The Secretary shall use funds of the Commodity Credit Corporation to carry out this section.
(f)This section shall not apply to any suspension of trade due to a war or armed hostility.
(g)If the Secretary makes funds available under subsection (b)(2), 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) 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)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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 5677

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73