7 U.S.C. § 7101 — Findings and declaration of policy

Page 1958 TITLE 7—AGRICULTURE § 7035 (1) conform to sections 7031(c) and 7032(b) of this title; and (2) prescribe— (A) the location and type of data to be made available to agricultural producers; (B) the location where agricultural pro- ducers can electronically file their paper- work; and (C) the responsibilities of the applicable parties, including agricultural producers, the Risk Management Agency, the Federal Crop Insurance Corporation, approved insur- ance providers, crop insurance agents, and brokers. (c) Implementation Not later than December 1, 2001, the Federal Crop Insurance Corporation and the Risk Man- agement Agency shall complete implementation of the plan submitted under subsection (a). (Pub. L. 106–222, § 5, June 20, 2000, 114 Stat. 355.) § 7035. Confidentiality In carrying out this subchapter, the Sec- retary— (1) may not make available any information over the Internet that would otherwise not be available for release under section 552 or 552a of title 5; and (2) shall ensure, to the maximum extent practicable, that the confidentiality of persons is maintained. (Pub. L. 106–222, § 6, June 20, 2000, 114 Stat. 355.) CHAPTER 99—SHEEP PROMOTION, RESEARCH, AND INFORMATION Sec. 7101. Findings and declaration of policy. 7102. Definitions. 7103. Issuance and amendment of orders. 7104. Required terms in orders. 7105. Referenda. 7106. Petition and review. 7107. Enforcement. 7108. Investigations and power to subpoena. 7109. Administrative provisions. 7110. Regulations. 7111. Authorization of appropriations. § 7101. Findings and declaration of policy (a) Findings Congress finds that— (1) sheep and sheep products are important goods; (2) the production of sheep and sheep prod- ucts play a significant role in the economy of the United States in that sheep and sheep products are produced throughout the United States and used by millions of people through- out the United States and foreign countries; (3) sheep and sheep products must be high quality, readily available, handled properly, and marketed efficiently to ensure that con- sumers have an adequate supply of sheep prod- ucts; (4) the maintenance and expansion of exist- ing markets and development of new markets for sheep and sheep products are vital to the welfare of sheep producers and persons con- cerned with marketing, using, and producing sheep and sheep products, as well as to the general economy of the United States, and necessary to ensure the ready availability and efficient marketing of sheep and sheep prod- ucts; (5) there exist established State organiza- tions conducting sheep and sheep product pro- motion, research, and industry and consumer education programs that are invaluable to the efforts of promoting the consumption of sheep and sheep products; (6) the cooperative development, financing, and implementation of a coordinated national program of sheep and sheep product pro- motion, research, consumer information, edu- cation, and industry information are nec- essary to maintain and expand existing mar- kets and develop new markets for sheep and sheep products; and (7) sheep and sheep products move in inter- state and foreign commerce, and sheep and sheep products that do not move in such chan- nels of commerce directly burden or affect interstate commerce in sheep and sheep prod- ucts. (b) Policy It is the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for devel- oping, financing (through adequate assessments on sheep and sheep products produced or im- ported into the United States), and carrying out an effective, continuous, coordinated program of promotion, research, consumer information, education, and industry information designed to— (1) strengthen the position of the sheep and sheep product industry in the marketplace; (2) maintain and expand existing domestic and foreign markets and uses for sheep and sheep products; and (3) develop new markets and uses for sheep and sheep products. (c) Construction Nothing in this chapter provides for the con- trol of production, or otherwise limits, the right of any person to produce sheep or sheep prod- ucts. (Pub. L. 103–407, § 2, Oct. 22, 1994, 108 Stat. 4210.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–429, title IV, § 4001, Dec. 3, 2004, 118 Stat. 2600, provided that: ‘‘This title [amending provisions set out as a note under this section] may be cited as the ‘Wool Suit and Textile Trade Extension Act of 2004’.’’ SHORT TITLE Pub. L. 103–407, § 1, Oct. 22, 1994, 108 Stat. 4210, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Sheep Promotion, Research, and Informa- tion Act of 1994’.’’ AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST FUND Pub. L. 113–79, title XII, § 12315, Feb. 7, 2014, 128 Stat. 995, as amended by Pub. L. 115–334, title XII, § 12603, Dec. 20, 2018, 132 Stat. 5005; Pub. L. 118–22, div. B, title Page 1959 TITLE 7—AGRICULTURE § 7101 I, § 102(d)(8)(B), Nov. 17, 2023, 137 Stat. 118, provided that: ‘‘(a) ESTABLISHMENT OF TRUST FUND.—There is estab- lished in the Treasury of the United States a trust fund to be known as the ‘Agriculture Wool Apparel Manufac- turers Trust Fund’ (in this section referred to as the ‘Trust Fund’), consisting of such amounts as may be transferred to the Trust Fund pursuant to subsection (f), and to be used for the purpose of reducing the in- jury to domestic manufacturers resulting from tariffs on wool fabric that are higher than tariffs on certain apparel articles made of wool fabric. ‘‘(b) DISTRIBUTION OF FUNDS.— ‘‘(1) IN GENERAL.—From amounts in the Trust Fund, the Secretary [of Agriculture] may make payments annually beginning in calendar year 2014 for calendar years 2010 through 2024 as follows: ‘‘(A) To each eligible manufacturer under para- graph (3) of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 (Public Law 108–429; 118 Stat. 2600 [2603]), as amended by section 1633(c) [1633(b)(1)] of the Miscellaneous Trade and Technical Corrections Act of 2006 (Public Law 109–280; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343; 122 Stat. 3875), and any successor-in-interest to such a manu- facturer as provided for under paragraph (4) of such section 4002(c) [118 Stat. 2603], that submits an affi- davit in accordance with paragraph (2) for the year of the payment, payments in amounts authorized under that paragraph. ‘‘(B) To each eligible manufacturer under para- graph (6) of such section 4002(c) [118 Stat. 2603], pay- ments in amounts authorized under that paragraph. ‘‘(2) SUBMISSION OF AFFIDAVITS.—An affidavit re- quired by paragraph (1)(A) shall be submitted to the Secretary, or as directed by the Secretary, and not later than March 1. ‘‘(c) PAYMENT OF AMOUNTS.—The Secretary shall make payments to eligible manufacturers and succes- sors-in-interest described in paragraphs (1) and (2) of subsection (b) not later than April 15 of the year of the payment. ‘‘(d) MEMORANDA OF UNDERSTANDING.—The Secretary [of Agriculture] shall, as soon as practicable after the date of the enactment of this Act [Feb. 7, 2014], nego- tiate memoranda of understanding with the Commis- sioner responsible for U.S. Customs and Border Protec- tion and the Secretary of Commerce to establish proce- dures pursuant to which the Commissioner and the Sec- retary of Commerce will assist in carrying out the pro- visions of this section. ‘‘(e) INCREASE IN PAYMENTS IN THE EVENT OF EXPIRA- TION OF DUTY SUSPENSIONS.— ‘‘(1) IN GENERAL.—In any calendar year in which the suspension of duty on wool fabrics provided for under headings 9902.51.11, 9902.51.13, 9902.51.14, 9902.51.15, and 9902.51.16 of the Harmonized Tariff Schedule of the United States are not in effect, the amount of any payment described in subsection (b)(1) to a manufac- turer or successor-in-interest shall be increased by an amount the Secretary [of Agriculture], after con- sultation with the Secretary of Commerce, deter- mines is equal to the amount the manufacturer or successor-in-interest would have saved during the calendar year of the payment if the suspension of duty on wool fabrics were in effect. ‘‘(2) NO APPEAL OF DETERMINATIONS.—A determina- tion of the Secretary under this subsection shall be final and not subject to appeal or protest. ‘‘(f) FUNDING.— ‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Trust Fund for each of calendar years 2014 through 2024 an amount equal to the lesser of— ‘‘(A) the amount the Secretary determines to be necessary to make payments required by this sec- tion in that calendar year; or ‘‘(B) $30,000,000. ‘‘(2) AVAILABILITY.—Amounts transferred to the Trust Fund under paragraph (1) shall remain avail- able until expended.’’ WOOL RESEARCH AND PROMOTION Pub. L. 113–79, title XII, § 12316, Feb. 7, 2014, 128 Stat. 997, as amended by Pub. L. 115–334, title XII, § 12604, Dec. 20, 2018, 132 Stat. 5006; Pub. L. 118–22, div. B, title I, § 102(d)(8)(C), Nov. 17, 2023, 137 Stat. 118, provided that: ‘‘(a) IN GENERAL.—Of the funds of the Commodity Credit Corporation, the Secretary [of Agriculture] shall use to provide grants described in section 506(d) of the Trade and Development Act of 2000 (7 U.S.C. 7101 note) [section 506(d) of Pub. L. 106–200] $2,250,000 for each of calendar years 2019 through 2024, to remain available until expended. ‘‘(b) AUTHORIZATION TO DISTRIBUTE UNEXPENDED BAL- ANCE.—In addition to funds made available under sub- section (a) and notwithstanding subsection (f) of sec- tion 506 of the Trade and Development Act of 2000 (7 U.S.C. 7101 note), the Secretary may use any unex- pended balances remaining in the Wool Research, De- velopment, and Promotion Trust Fund established under that section as of December 31, 2014, to provide grants described in subsection (d) of that section.’’ WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND Pub. L. 106–200, title V, § 506, May 18, 2000, 114 Stat. 303, as amended by Pub. L. 107–210, div. E, title L, § 5102(c)(2), Aug. 6, 2002, 116 Stat. 1047; Pub. L. 108–429, title IV, § 4002(c)(5), Dec. 3, 2004, 118 Stat. 2603; Pub. L. 109–280, title XIV, § 1633(b)(2), Aug. 17, 2006, 120 Stat. 1166; Pub. L. 110–343, div. C, title III, § 325(b)(2), Oct. 3, 2008, 122 Stat. 3875, provided that: ‘‘(a) ESTABLISHMENT.—There is hereby established within the Treasury of the United States a trust fund to be known as the Wool Research, Development, and Promotion Trust Fund (hereafter in this section re- ferred to as the ‘Trust Fund’), consisting of such amounts as may be transferred to the Trust Fund under subsection (b)(1) and any amounts as may be credited to the Trust Fund under subsection (c)(2). ‘‘(b) TRANSFER OF AMOUNTS.— ‘‘(1) IN GENERAL.—The Secretary of the Treasury shall transfer to the Trust Fund out of the general fund of the Treasury of the United States amounts determined by the Secretary of the Treasury to be equivalent to the amounts received into such general fund that are attributable to the duty received on ar- ticles under chapters 51 and 52 of the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of Title 19, Customs Duties], subject to the limitation in paragraph (2). ‘‘(2) LIMITATION.—The Secretary shall not transfer more than $2,250,000 to the Trust Fund in any fiscal year. ‘‘(3) TRANSFERS BASED ON ESTIMATES.—The amounts required to be transferred under paragraph (1) shall be transferred at least quarterly from the general fund of the Treasury of the United States to the Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in paragraph (1) that are received into the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior esti- mates were in excess of, or less than, the amounts re- quired to be transferred. ‘‘(c) INVESTMENT OF TRUST FUND.— ‘‘(1) IN GENERAL.—It shall be the duty of the Sec- retary of the Treasury to invest such portion of the Trust Fund as is not, in the Secretary’s judgment, re- quired to meet current withdrawals. Such invest- ments may be made only in interest-bearing obliga- tions of the United States or in obligations guaran- teed as to both principal and interest by the United States. For such purpose, such obligations may be ac- Page 1960 TITLE 7—AGRICULTURE § 7102 1 So in original. Probably should be ‘‘fibers.’’ quired on original issue at the issue price or by pur- chase of outstanding obligations at the market price. Any obligation acquired by the Trust Fund may be sold by the Secretary of the Treasury at the market price. ‘‘(2) INTEREST AND PROCEEDS FROM SALE OR REDEMP- TION OF OBLIGATIONS.—The interest on, and the pro- ceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. ‘‘(d) AVAILABILITY OF AMOUNTS FROM TRUST FUND.— From amounts available in the Trust Fund (including any amounts not obligated in previous fiscal years), the Secretary of Agriculture is authorized to provide grants to a nationally-recognized council established for the development of the United States wool market for the following purposes: ‘‘(1) Assist United States wool producers to improve the quality of wool produced in the United States, in- cluding to improve wool production methods. ‘‘(2) Disseminate information on improvements de- scribed in paragraph (1) to United States wool pro- ducers generally. ‘‘(3) Assist United States wool producers in the de- velopment and promotion of the wool market. ‘‘(e) REPORTS TO CONGRESS.—The Secretary of the Treasury, in consultation with the Secretary of Agri- culture, shall prepare and submit to Congress an an- nual report on the financial condition and the results of the operations of the Trust Fund, including a de- scription of the use of amounts of grants provided under subsection (d), during the preceding fiscal year and on its expected condition and operations during the next fiscal year. ‘‘(f) SUNSET PROVISION.—Effective January 1, 2015, the Trust Fund shall be abolished and all amounts in the Trust Fund on such date shall be transferred to the general fund of the Treasury of the United States.’’ § 7102. Definitions As used in this chapter (unless the context clearly requires otherwise): (1) Board The term ‘‘Board’’ means the National Sheep Promotion, Research, and Information Board established under section 7104(b) of this title. (2) Carbonized wool The term ‘‘carbonized wool’’ means wool that has been immersed in a bath, usually of mineral acids or acid salts, that destroys vege- table matter in the wool, but does not affect the wool fibres.1 (3) Consumer information The term ‘‘consumer information’’ means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, or use of sheep products. (4) Customs Service The term ‘‘Customs Service’’ means United States Customs Service of the Department of the Treasury. (5) Degreased wool The term ‘‘degreased wool’’ means wool from which the bulk of impurities has been removed by processing. (6) Department The term ‘‘Department’’ means the United States Department of Agriculture. (7) Education The term ‘‘education’’ means activities pro- viding information relating to the sheep in- dustry or sheep products to producers, feeders, importers, consumers, and other persons. (8) Executive Committee The term ‘‘Executive Committee’’ means the Executive Committee established under sec- tion 7104(g) of this title. (9) Exporter The term ‘‘exporter’’ means any person who exports domestic live sheep or greasy wool from the United States. (10) Feeder The term ‘‘feeder’’ means a person who feeds lambs until the lambs reach slaughter weight. (11) Greasy wool The term ‘‘greasy wool’’ means wool that has not been washed or otherwise cleaned. (12) Handler The term ‘‘handler’’ means any person who purchases and markets greasy wool. (13) Importer The term ‘‘importer’’ means any person who imports sheep or sheep products into the United States. (14) Industry information The term ‘‘industry information’’ means in- formation and programs that will lead to in- creased efficiency in processing and the devel- opment of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of sheep or sheep prod- ucts on a national or international basis. (15) Order The term ‘‘order’’ means a sheep and wool promotion, research, education, and informa- tion order issued under section 7103 of this title. (16) Person The term ‘‘person’’ means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. (17) Processor The term ‘‘processor’’ means any person who slaughters sheep or processes greasy wool into degreased wool. (18) Producer The term ‘‘producer’’ means any person, other than a feeder, who owns or acquires own- ership of sheep. (19) Producer information The term ‘‘producer information’’ means ac- tivities designed to provide producers, feeders, and importers with information relating to production or marketing efficiencies or devel- opments, program activities, or other informa- tion that would facilitate an increase in the consumption of sheep or sheep products. (20) Promotion The term ‘‘promotion’’ means any action (including paid advertising) to advance the