(Pub. L. 95–501, title II, § 203, as added Pub. L. 101–624, title XV, § 1531,Nov. 28, 1990, 104 Stat. 3674; amended Pub. L. 102–237, title III, § 309,Dec. 13, 1991, 105 Stat. 1856; Pub. L. 103–66, title I, § 1302(b)(1),Aug. 10, 1993, 107 Stat. 330; Pub. L. 103–465, title IV, § 411(d),Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title II, § 244(a)(1), (b),Apr. 4, 1996, 110 Stat. 967, 968; Pub. L. 110–246, title III, § 3102(a),June 18, 2008, 122 Stat. 1832.)
References in Text
of this title, referred to in subsec. (g)(3), was repealed by Pub. L. 101–624
, title XV, § 1572(3),Nov. 28, 1990, 104 Stat. 3702
A prior section 203 ofPub. L. 95–501
of this title prior to the complete revision of Pub. L. 95–501
by Pub. L. 101–624
2008—Subsec. (a). Pub. L. 110–246
inserted “(including commodities that are organically produced (as defined in section
of this title))” after “agricultural commodities”.
1996—Pub. L. 104–127
, § 244(a)(1)(A), substituted “access” for “promotion” in section catchline.
Subsecs. (e)(2)(B), (f)(2)(B), (C). Pub. L. 104–127
, § 244(a)(1)(B), substituted “market access program” for “marketing promotion program”.
Subsec. (f)(4). Pub. L. 104–127
, § 244(b), added par. (4).
1994—Subsec. (c). Pub. L. 103–465
, § 411(d)(1), struck out par. (1) designation and heading, redesignated subpars. (A) to (C) of former par. (1) as pars. (1) to (3), respectively, and realigned margins, and struck out former par. (2) which related to assistance to counter or offset adverse effects of subsidy, import quota, or other unfair trade practice of foreign country, except in the case of activities conducted by small entities operating through regional State-related organizations.
Subsec. (f)(2)(C) to (E). Pub. L. 103–465
, § 411(d)(2), inserted “or” at end of subpar. (C), redesignated subpar. (E) as (D), and struck out former subpar. (D) which read as follows: “the unfair trade practice that was the basis of the provision of assistance has been discontinued and marketing assistance is no longer required to offset its effects; or”.
1993—Subsec. (c)(2). Pub. L. 103–66
amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall provide export assistance under this section on a priority basis in the case of an unfair trade practice.”
1991—Subsec. (g)(3). Pub. L. 102–237
substituted “November 28, 1990,” for “the date of enactment of this Act”.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–246
effective May 22, 2008, see section 4(b) ofPub. L. 110–246
, set out as an Effective Date note under section
of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465
effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 ofPub. L. 103–465
, set out as an Effective Date note under section
, Customs Duties.
Prohibition on Assistance to Mink Associations
Pub. L. 105–277
, div. A, § 101(a) [title VII, § 718], Oct. 21, 1998, 112 Stat. 2681
, 2681–27, as amended by Pub. L. 106–31
, title V, § 5001(b),May 21, 1999, 113 Stat. 109
, provided that: “Hereafter, none of the funds made available in annual appropriations Acts may be used to provide assistance to, or to pay the salaries of personnel to carry out a market promotion/market access program pursuant to section 203 of the Agricultural Trade Act of 1978 (7
) that provides assistance to the United States Mink Export Development Council or any mink industry trade association.”
Secretarial Actions To Achieve Savings in Market Access Program; Regulations
Section 1302(b), (c) ofPub. L. 103–66
, as amended by Pub. L. 104–127
, title II, § 244(a)(2)(A)(ii),Apr. 4, 1996, 110 Stat. 968
, provided that:
“(b) Secretarial Actions To Achieve Savings.—In order to enable the Secretary of Agriculture to achieve the savings required in the market access program established by section 203 of the Agricultural Trade Act of 1978 (7
) as a result of the amendments made by this section [amending this section and section
of this title]:
“(1) Unfair trade practices.—[Amended subsec. (c)(2) of this section.]
“(2) Guidelines.—The Secretary of Agriculture should implement changes in the market access program established by section 203 of such Act, beginning with fiscal year 1994, in order to improve the effectiveness of the program and to meet the following objectives:
“(A) Priority.—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.
“(B) Graduation.—The Secretary should not provide assistance under the program to promote a specific branded product in a single market for more than 5 years unless the Secretary determines that further assistance is necessary in order to meet the objectives of the program.
“(C) Contribution level.—
“(i) In general.—The Secretary should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion.
“(ii) Increases in contribution level.—The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion.
“(D) Additionality.—The Secretary should require each participant in the program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to program activities.
“(E) Independent audits.—If as a result of an evaluation or audit of activities of a participant under the program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the program, the Secretary should require the participant to contract for an independent audit of the program activities, including activities of any subcontractor.
“(3) Tobacco.—No funds made available under the market access program may be used for activities to develop, maintain, or expand foreign markets for tobacco.
“(c) Regulations.—Not later than 90 days after the date of enactment of this Act [Aug. 10, 1993], the Secretary of Agriculture shall issue regulations to implement this section [amending this section and section
of this title] and the amendments made by this section.”