US (United States) Code. Title 7. Chapter 41: Agricultural trade development and assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

.

-HEAD-

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

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Sec.

1691. United States policy.

1691a. Food aid to developing countries.

(a) Policy.

(b) Sense of Congress.

SUBCHAPTER I - BARTER

1692. Transferred.

1693 to 1697. Repealed.

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

1701. Trade and development assistance.

(a) In general.

(b) General authority.

1702. Agreements regarding eligible countries and private

entities.

(a) Priority.

(b) Private entities.

(c) Agricultural market development plan.

1703. Terms and conditions of sales.

(a) Payment.

(b) Interest.

(c) Duration.

(d) Deferral of payments.

(e) Delivery of commodities.

1704. Use of local currency payment.

(a) In general.

(b) Special account.

(c) Activities.

(d) Fiscal requirements regarding use of local

currencies.

1704a. Agreements for use of foreign currencies; reports

to Congress.

1704b. Repealed.

1704c. Payments by Secretary of Defense in liquidation of

amount due for foreign currencies.

1705 to 1715. Omitted or Repealed.

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

1721. General authority.

1722. Provision of agricultural commodities.

(a) Emergency assistance.

(b) Nonemergency assistance.

(c) Uses of assistance.

(d) Eligible organizations.

(e) Support for eligible organizations.

(f) Effective use of commodities.

(g) Labeling.

(h) Streamlined program management.

1723. Generation and use of currencies by private

voluntary organizations and cooperatives.

(a) Local sale and barter of commodities.

(b) Minimum level of local sales.

(c) Description of intended uses.

(d) Use.

1724. Levels of assistance.

(a) Minimum levels.

(b) Use of value-added commodities.

1725. Food Aid Consultative Group.

(a) Establishment.

(b) Membership.

(c) Chairperson.

(d) Consultations.

(e) Advisory Committee Act.

(f) Termination.

1726. Repealed.

1726a. Administration.

(a) Proposals.

(b) Notice and comment.

(c) Regulations.

(d) Deadline for submission of commodity

orders.

(e) Timely approval.

1726b. Assistance for stockpiling and rapid

transportation, delivery, and distribution of

shelf-stable prepackaged foods.

(a) In general.

(b) Grants for establishment of stockpiles.

(c) Grants for rapid transportation, delivery,

and distribution.

(d) Administration.

(e) Regulations or guidelines.

(f) Authorization of appropriations.

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

1727. Bilateral grant program.

(a) In general.

(b) General authority.

1727a. Eligible countries.

(a) Least developed countries.

(b) Indicators of food deficit countries.

(c) Priority.

1727b. Grant programs.

1727c. Direct uses or sales of commodities.

1727d. Local currency accounts.

(a) Retention of proceeds.

(b) Ownership and programming of accounts.

(c) Overall development strategy.

1727e. Use of local currency proceeds.

(a) In general.

(b) Support of nongovernmental organizations.

(c) Investment of local currencies by

nongovernmental organizations.

(d) Support for certain educational

institutions.

1727f, 1727g. Omitted.

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

1728. Findings regarding emergency food assistance.

1728a. President's Emergency Food Assistance Fund.

(a) Establishment; authority of President to

furnish assistance from Fund.

(b) Types of assistance authorized.

(c) Authorization of appropriations.

(d) Authority of President.

1728b. Omitted.

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

1731. Commodity determinations.

(a) Availability of commodities.

(b) Ineligible commodities.

(c) Market development activities.

1732. Definitions.

1733. General provisions.

(a) Prohibition.

(b) Impact on local farmers and economy.

(c) Transshipment.

(d) Private trade channels and small business.

(e) World prices.

(f) Publicity.

(g) Participation of private sector.

(h) Safeguard usual marketings.

(i) Military distribution of food aid.

(j) Violations of human rights.

(k) Abortion prohibition.

(l) Sale procedure.

1734. Agreements.

(a) In general.

(b) Terms of agreement.

(c) Multi-year agreements.

(d) Review of agreements.

1735. Consultation.

1736. Use of Commodity Credit Corporation.

(a) In general.

(b) Included expenses.

(c) Commodity Credit Corporation.

(d) Availability of funds.

1736-1. Special Assistant for Agricultural Trade and Food

Assistance.

(a) Appointment by President.

(b) Service in Executive Office of President.

(c) Required functions.

(d) Compensation.

1736a. Administrative provisions.

(a) Subchapter II programs.

(b) Agents.

(c) Subchapters III and III-A program.

(d) Timing of shipments.

(e) Deadline for agreements under Subchapters

II and III-A of this chapter.

(f) Annual reports.

(g) World Food Day report.

1736b. Expiration date.

1736c, 1736d. Repealed.

1736e. Debt forgiveness.

(a) Authority.

(b) Request for debt relief by President.

(c) Appropriations action required.

(d) Limitation on new credit assistance.

(e) Applicability.

1736f. Authorization of appropriations.

(a) Reimbursement.

(b) Transfer of funds.

(c) Budget.

(d) Value of commodities.

1736f-1. Establishment of commodity trust.

(a) In general.

(b) Commodities or funds in trust.

(c) Release of eligible commodities.

(d) Management of eligible commodities.

(e) Treatment of trust under other law.

(f) Use of Commodity Credit Corporation.

(g) Finality of determination.

(h) Termination of authority.

1736g. Coordination of foreign assistance programs.

1736g-1. Assistance in furtherance of narcotics control

objectives of United States.

(a) Substantial injury.

(b) Exception for narcotics control.

1736g-2. Micronutrient fortification programs.

(a) In general.

(b) Selection of participating countries.

(c) Fortification.

(d) Termination of authority.

1736g-3. Use of certain local currency.

1736h. Congressional consultation on bilateral commodity

supply agreements.

1736i to 1736k. Repealed.

1736l. Consultation on grain marketing.

1736m, 1736n. Repealed.

1736o. Food for progress.

(a) Short title.

(b) Definitions.

(c) Program.

(d) Consideration for agreements.

(e) Funding of eligible commodities.

(f) Provision of eligible commodities to

developing countries.

(g) Minimum tonnage.

(h) Prohibition on resale or transshipment of

eligible commodities.

(i) Displacement of United States commercial

sales.

(j) Multicountry or multiyear basis.

(k) Effective and termination dates.

(l) Administrative expenses.

(m) Presidential approval.

(n) Program management.

Sec. 1736o-1. McGovern-Dole International Food for Education and

Child Nutrition Program.

(a) Definition of agricultural commodity.

(b) Program.

(c) Eligible commodities and cost items.

(d) General authorities.

(e) Eligible entities.

(f) Procedures.

(g) Use of Food and Nutrition Service.

(h) Multilateral involvement.

(i) Private sector involvement.

(j) Graduation.

(k) Requirement to safeguard local production

and usual marketing.

(l) Funding.

1736p. Trade policy declaration.

(a) Congressional findings.

(b) Congressional declaration of policy.

1736q. Repealed.

1736r. Trade negotiations policy.

(a) Findings.

(b) Goals of United States in agricultural

trade negotiations.

1736s, 1736t. Repealed.

1736u. Cooperator market development program.

(a) Sense of Congress.

(b) Exemption from requirements of OMB

circular.

1736v to 1736x. Repealed.

1736y. Contract sanctity and producer embargo protection.

1736z to 1736cc. Repealed.

SUBCHAPTER V - FARMER-TO-FARMER PROGRAM

1737. John Ogonowski Farmer-to-Farmer Program.

(a) Definitions.

(b) Provision.

(c) Special emphasis on sub-Saharan African and

Caribbean Basin countries.

(d) Minimum funding.

(e) Authorization of appropriations.

SUBCHAPTER VI - ENTERPRISE FOR THE AMERICAS INITIATIVE

1738. Establishment of Facility.

1738a. Purpose.

1738b. Eligibility for benefits under Facility.

(a) Requirements.

(b) Eligibility determination.

1738c. Reduction of certain debt.

(a) Authority to reduce debt.

(b) Limitation.

(c) Exchange of obligations.

1738d. Repayment of principal.

(a) Currency of payment.

(b) Deposit of payments.

1738e. Interest of new obligations.

(a) Rate of interest.

(b) Currency of payment, deposits.

(c) Interest previously paid.

1738f. Environmental framework agreements.

(a) Authority.

(b) Requirements.

(c) Administering body.

1738g. Enterprise for the Americas environmental funds.

(a) Establishment.

(b) Investment.

1738h. Disbursement of environmental funds.

1738i. Enterprise for the Americas Board.

(a) Establishment.

(b) Membership and chairperson.

(c) Responsibilities.

1738j. Oversight.

1738k. Eligible activities and grantees.

(a) Eligible entities.

(b) Regulation.

(c) Setting of priorities.

(d) Grants.

(e) Priority.

1738l. Encouraging multilateral debt donations.

(a) Encouraging donations from official

creditors.

(b) Encouraging donations from other sources.

1738m. Omitted.

1738n. Consultations with Congress.

1738o. Sale of qualified debt to eligible countries.

(a) In general.

(b) Terms and conditions.

(c) Appropriations requirement.

(d) Certain prohibitions inapplicable.

(e) Implementation by Facility.

(f) Deposit of proceeds.

(g) Debtor consultation.

1738p. Sale, reduction, or cancellation of qualified debt

to facilitate certain debt swaps.

(a) Authority to sell, reduce, or cancel

qualified debt.

(b) Terms and conditions.

(c) Eligible purchasers and eligible payors.

(d) Debtor consultation and right of first

refusal.

(e) Limitation.

(f) Administration.

(g) Appropriations requirement.

(h) Deposit of proceeds.

(i) Eligible debt swaps.

1738q. Notification to congressional committees.

(a) Notice of negotiations.

(b) Transmittal of text of agreements.

(c) Annual report.

(d) Designated congressional committees.

1738r. ''Qualified debt'' defined.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1431, 1446c-1, 1736f-1,

1736o, 1765b, 5201, 5693, 5713 of this title; title 13 section 301;

title 16 section 1537; title 22 sections 2151a, 2291, 2292n, 2353,

2354, 2362, 2370, 2371, 2394, 2455, 2775, 5413, 5425, 6006, 6062,

7201; title 46 App. section 1241f.

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7 USC Sec. 1691 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

-HEAD-

Sec. 1691. United States policy

-STATUTE-

It is the policy of the United States to use its abundant

agricultural productivity to promote the foreign policy of the

United States by enhancing the food security of the developing

world through the use of agricultural commodities and local

currencies accruing under this chapter to -

(1) combat world hunger and malnutrition and their causes;

(2) promote broad-based, equitable, and sustainable

development, including agricultural development;

(3) expand international trade;

(4) develop and expand export markets for United States

agricultural commodities;

(5) foster and encourage the development of private enterprise

and democratic participation in developing countries; and

(6) prevent conflicts.

-SOURCE-

(July 10, 1954, ch. 469, Sec. 2, 68 Stat. 454; Pub. L. 89-808, Sec.

2(A), Nov. 11, 1966, 80 Stat. 1526; Pub. L. 94-161, title II, Sec.

201, Dec. 20, 1975, 89 Stat. 850; Pub. L. 99-198, title XI, Sec.

1111(a), Dec. 23, 1985, 99 Stat. 1474; Pub. L. 101-624, title XV,

Sec. 1512, Nov. 28, 1990, 104 Stat. 3633; Pub. L. 107-171, title

III, Sec. 3001, May 13, 2002, 116 Stat. 280.)

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AMENDMENTS

2002 - Par. (6). Pub. L. 107-171 added par. (6).

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions declaring policy of United States

to expand trade, develop export markets, encourage economic

development and private enterprise in developing countries, improve

local food production and promote foreign policy, and requiring

President to give priority to countries most affected by food

shortages, encourage other donors, link assistance to local

agricultural and related development, seek expanded markets for

American commodities, and recognize and support American farm

economy.

1985 - Pub. L. 99-198 included Congressional declaration of

policy to use accrued foreign currencies to foster and encourage

the development of private enterprise in developing countries and

to enhance food security in developing countries through local food

production in first sentence.

1975 - Pub. L. 94-161 inserted provisions of second sentence,

including cls. (1) to (5), respecting considerations in furnishing

food aid under this chapter.

1966 - Pub. L. 89-808 restated the Congressional declaration of

policy to include the use of the abundant agricultural productivity

of the United States to combat hunger and malnutrition and the

emphasis on assistance to those developing countries that are

determined to improve their own agricultural production and to

exclude statement of a policy to facilitate the convertibility of

currency, to make maximum efficient use of surplus agricultural

commodities in furtherance of the foreign policy of the United

States, to purchase strategic materials, to pay United States

obligations abroad, and to promote collective strength.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1513 of Pub. L. 101-624 provided that: ''The amendment

made by section 1512 (enacting sections 1736g-1 and 1737 to 1738m

of this title, amending this section and sections 1691a, 1701 to

1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f,

and 1736g of this title, and enacting provisions set out as a note

under this section) shall become effective on January 1, 1991.''

EFFECTIVE DATE OF 1966 AMENDMENT

Section 5 of Pub. L. 89-808 provided that: ''This Act (enacting

sections 1707a, 1710, 1725, and 1736a to 1736d of this title,

amending this section and sections 1431, 1431b, 1446a-1, 1701 to

1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of

this title, repealing sections 1693 to 1697 of this title, and

amending provisions set out as a note under section 1701 of this

title) shall take effect as of January 1, 1967, except that section

4 (enacting section 1707a of this title) shall take effect upon

enactment (Nov. 11, 1966).''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-385, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3460,

provided that: ''This Act (amending sections 1736f-1 and 4001 of

this title and section 1241f of Title 46, Appendix, Shipping,

enacting provisions set out as notes under this section, section

1721 of this title, and section 2293 of Title 22, Foreign Relations

and Intercourse, and amending provisions set out as a note under

section 1736f-1 of this title) may be cited as the 'Africa: Seeds

of Hope Act of 1998'.''

Pub. L. 105-385, title II, Sec. 211, Nov. 13, 1998, 112 Stat.

3465, provided that: ''This subtitle (subtitle B (Sec. 211, 212) of

title II of Pub. L. 105-385, amending sections 1736f-1 and 4001 of

this title and section 1241f of Title 46, Appendix, Shipping, and

amending provisions set out as a note under section 1736f-1 of this

title) may be cited as the 'Bill Emerson Humanitarian Trust Act of

1998'.''

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-532, Sec. 1, Oct. 27, 1992, 106 Stat. 3509, provided

that: ''This Act (enacting sections 1738o to 1738r, 3294, and 5404

of this title and amending section 1738m of this title) may be

cited as the 'Enterprise for the Americas Initiative Act of

1992'.''

Pub. L. 102-532, Sec. 2, Oct. 27, 1992, 106 Stat. 3509, which

enacted sections 1738o to 1738r of this title, is popularly known

as the ''Good Neighbor Environmental Act of 1992''.

SHORT TITLE OF 1990 AMENDMENT

Section 1501 of title XV of Pub. L. 101-624 provided that: ''This

title (see Tables for classification) may be cited as the

'Agricultural Development and Trade Act of 1990'.''

Section 1511 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle A (Sec. 1511-1517) of title XV of Pub. L. 101-624,

enacting sections 1706, 1736g-1 and 1737 to 1738m of this title and

sections 1241g to 1241v of Appendix to Title 46, Shipping, amending

this section and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a,

1727 to 1727e, 1731 to 1736g, 1736o, 1736bb-6 of this title, and

section 1241f of Appendix to Title 46, and enacting provisions set

out as notes under this section) may be cited as the 'Mickey Leland

Food for Peace Act'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-576, Sec. 1, Oct. 31, 1988, 102 Stat. 2897, provided

that: ''This Act (amending section 1727 of this title and enacting

provisions set out as a note under section 1727 of this title) may

be cited as the 'Bangladesh Disaster Assistance Act of 1988'.''

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-202, Sec. 16, as added by Pub. L. 100-418, title IV,

Sec. 4610(a), Aug. 23, 1988, 102 Stat. 1411, provided that sections

1 to 16 under the heading ''Agricultural Aid and Trade Missions

Act'' of Pub. L. 100-202, which enacted sections 1726b and 1736bb

to 1736bb-6 of this title, and amended sections 1701, 1703, 1709,

1722, 1726, and 1726a of this title, was to be cited as the

''Agricultural Aid and Trade Missions Act'', prior to repeal by

Pub. L. 104-127, title II, Sec. 271(a), Apr. 4, 1996, 110 Stat.

976.

SHORT TITLE OF 1980 AMENDMENT

For short title of title III of Pub. L. 96-494, which enacted

section 1736f-1 of this title, as the ''Bill Emerson Humanitarian

Trust Act'', see section 301 of Pub. L. 96-494, as added and

amended, set out as a Short Title note under section 1736f-1 of

this title.

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-808 provided: ''That this Act (enacting

sections 1707a, 1710, 1725, and 1736a to 1736d, amending this

section and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705,

1707, 1708, 1709, 1721 to 1724, and 1731 to 1736, repealing

sections 1693 to 1697 of this title, and amending provisions set

out as a note under section 1701 of this title) may be cited as the

'Food for Peace Act of 1966'.''

SHORT TITLE

Section 1 of act July 10, 1954, as amended by act Nov. 28, 1990,

Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3633, provided

that: ''This Act (enacting this chapter) may be cited as the

'Agricultural Trade Development and Assistance Act of 1954'.''

MINIMUM LEVEL OF FOOD ASSISTANCE

Pub. L. 100-418, title IV, Sec. 4310, Aug. 23, 1988, 102 Stat.

1399, provided that:

''(a) Annual Minimum. - It is the sense of Congress that -

''(1) the United States should maintain its historic proportion

of food assistance constituting one-third of all United States

foreign economic assistance; and

''(2) accordingly, the total amount of food assistance made

available to foreign countries under the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.)

and section 416(b) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)) should not be less than one-third of the total amount of

foreign economic assistance provided for each fiscal year.

''(b) Definition. - For purposes of this section, the term

'foreign economic assistance' includes -

''(1) assistance under chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et

seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)), or any other law authorizing economic assistance for

foreign countries; and

''(2) United States contributions to the International Bank for

Reconstruction and Development, the International Development

Association, the Inter-American Development Bank, the Asian

Development Bank, the African Development Bank, or any other

multilateral development bank.''

FOOD AID AND MARKET DEVELOPMENT

Pub. L. 100-418, title IV, Sec. 4311, Aug. 23, 1988, 102 Stat.

1400, which declared it to be the policy of the United States to

use food aid and agriculturally-related foreign economic assistance

programs more effectively to develop markets for United States

agricultural commodities and products, and which directed the

President (or, as appropriate, the Secretary of Agriculture) to

encourage recipient countries under food assistance agreements

entered into under any program administered by the Secretary to

agree to give preference to United States food and food products in

future food purchases, was repealed by Pub. L. 101-624, title XV,

Sec. 1571, Nov. 28, 1990, 104 Stat. 3702.

AGRICULTURAL TRADE AND EXPORT POLICY COMMISSION ACT

Subtitle C (Sec. 1217-1224) of title XII of Pub. L. 97-98, as

added Pub. L. 98-412, Aug. 30, 1984, 98 Stat. 1576, known as the

Agricultural Trade and Export Policy Commission Act, established a

National Commission on Agricultural Trade and Export Policy to

conduct a study of agriculture-related trade and export policies,

programs, and practices of United States, directed Commission to

submit to President and Congress a final report and recommendations

by July 1, 1986, and provided for termination of Commission 60 days

thereafter.

USE OF NONPRICE-SUPPORTED COMMODITIES

Pub. L. 95-113, title XII, Sec. 1209, Sept. 29, 1977, 91 Stat.

957, provided that: ''It is the sense of Congress that there be no

discrimination between 'price-supported' and 'nonprice-supported'

commodities in the programming of commodities under the

Agricultural Trade Development and Assistance Act of 1954, as

amended (Public Law 480) (which enacted this chapter and amended

sections 1427 and 1431 of this title).''

SPECIAL TASK FORCE

Pub. L. 95-113, title XII, Sec. 1210, Sept. 29, 1977, 91 Stat.

957, required the Secretary of Agriculture, not later than eighteen

months after Sept. 29, 1977, to appoint a special task force to

review and report to Congress upon the administration of the

Agricultural Trade Development and Assistance Act of 1954, 7 U.S.C.

1961 et seq.

-EXEC-

EXECUTIVE ORDER NO. 10560

Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by

Ex. Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685,

Oct. 29, 1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22

F.R. 3213; Ex. Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex.

Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 8, 1958, 23 F.R. 6971; Ex. Ord. No. 10799, Jan. 16, 1959, 24

F.R. 447; Ex. Ord. No. 10827, June 25, 1959, 24 F.R. 5233; Ex. Ord.

No. 10884, Aug. 17, 1960, 25 F.R. 8019, which provided for the

delegation of administrative functions, was superseded by Ex. Ord.

No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as a note

under this section, and was revoked by section 1-502(a) of Ex. Ord.

No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.

EXECUTIVE ORDER NO. 10685

Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated

the International Cooperation Administration as the Federal agency

to which funds required for ocean freight costs could be

transferred by the Commodity Credit Corporation, was superseded by

Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as

a note under this section, and was revoked by section 1-502(b) of

Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out

below.

EXECUTIVE ORDER NO. 10900

Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex.

Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972,

Nov. 3, 1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27

F.R. 6653; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex.

Ord. No. 11963, Jan. 19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148,

July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979,

44 F.R. 56673, which related to the delegation of administrative

functions, was revoked by section 1-501 of Ex. Ord. No. 12220, June

27, 1980, 45 F.R. 44247, formerly set out below.

EXECUTIVE ORDER NO. 11252

Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by

Ex. Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred

to the Secretary of State all functions of the Director of the

Food-For-Peace Program, was revoked by Ex. Ord. No. 12553, Feb. 25,

1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 12220

Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided

for delegation of administrative functions relating to agricultural

trade development, was revoked by section 6 of Ex. Ord. No. 12752,

Feb. 25, 1991, 56 F.R. 8256, set out below.

EX. ORD. NO. 12752. IMPLEMENTATION OF AGRICULTURAL TRADE

DEVELOPMENT AND ASSISTANCE ACT OF 1954, AS AMENDED, AND FOOD FOR

PROGRESS ACT OF 1985, AS AMENDED

Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, as amended by

Ex. Ord. No. 13044, Apr. 18, 1997, 62 F.R. 19665, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.

1691 et seq.), as amended by Public Law 101-624 (''Agricultural

Trade Development Act''), the Food for Progress Act of 1985 (7

U.S.C. 1736o), as amended by Public Law 101-624 (''Food for

Progress Act''), and section 301 of title 3 of the United States

Code, it is hereby ordered as follows:

Section 1. Establishment of Programs. There is hereby

established:

(a) a program under title I of the Agricultural Trade Development

Act (7 U.S.C. 1701 et seq.) to provide for the sale of agricultural

commodities to developing countries and private entities. Such

program shall be implemented by the Secretary of Agriculture

(hereafter referred to as the ''Secretary'').

(b) a program under title II of the Agricultural Trade

Development Act (7 U.S.C. 1721 et seq.) to provide for the donation

of agricultural commodities to foreign countries. Such program

shall be implemented by the Administrator of the Agency for

International Development (hereafter referred to as the

''Administrator'').

(c) a program under title III of the Agricultural Trade

Development Act (7 U.S.C. 1727 et seq.) to provide for the donation

of agricultural commodities to least developed countries. Such

program shall be implemented by the Administrator.

Sec. 2. International Negotiations and Accounting for Foreign

Currencies. (a) The Secretary with respect to title I, and the

Administrator with respect to titles II and III of the Agricultural

Trade Development Act, shall negotiate and execute agreements under

the Agricultural Trade Development Act in accord with section 112b

of title I (sic) of the United States Code and applicable

regulations and procedures of the Department of State.

(b)(1) Foreign currencies that accrue to the United States under

titles I and III of the Agricultural Trade Development Act may be

used for the purposes set forth in section 104 and section 306 of

that Act (7 U.S.C. 1704, 1727e), respectively, in amounts

consistent with applicable provisions of law and agreements. Such

foreign currencies shall be subject to regulations of the

Department of the Treasury governing the purchase, custody,

deposit, transfer, and sale of foreign currencies received under

the Agricultural Trade Development Act.

(2) The Director of the Office of Management and Budget

(hereafter referred to as the ''Director'') shall determine the

amount of foreign currencies to be used for the purposes of section

104(c)(8) of the Agricultural Trade Development Act, and such

purposes shall be carried out by the agencies with authority to pay

the obligations abroad. The purposes of the remaining paragraphs

of section 104(c) of that Act shall be carried out by the

Department of Agriculture, utilizing, where appropriate, the

expertise of other agencies.

(3) The Secretary and Administrator shall transmit the reports

required by the provisions of paragraph 5 of the Act of August 13,

1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to the use of

foreign currencies accruing under title I and title III of the

Agricultural Trade Development Act, respectively.

Sec. 3. Policy Coordination. (a) To ensure policy coordination of

assistance provided under the Agricultural Trade Development Act

and the Food for Progress Act, there is hereby established a Food

Assistance Policy Council (hereafter referred to as the

''Council'').

(b) The Council will include senior representatives of the

Department of Agriculture, the Agency for International

Development, the Department of State, and the Office of Management

and Budget. Meetings of the Council shall be called by the

Secretary or his designee at the request of any senior

representative of the Council.

(c) The Council shall advise the President on appropriate

policies under the Agricultural Trade Development Act and the Food

for Progress Act and shall coordinate decisions on allocations and

other policy issues, as well as prepare the report required by

section 407(g)(1) of the Agricultural Trade Development Act (7

U.S.C. 1736a(g)(1)).

(d) As necessary for effective coordination, the Council shall

provide its advice to the President through the appropriate

Cabinet-level body.

Sec. 4. Delegation of Responsibilities. (a) The function

conferred upon the President in section 403(j) of the Agricultural

Trade Development Act (7 U.S.C. 1733(j)) is hereby delegated to the

Secretary of State.

(b) The functions conferred upon the President by section 411 of

the Agricultural Trade Development Act (7 U.S.C. 1736e) are hereby

delegated to the Secretary, in consultation with the Council and

the Department of the Treasury.

(c) The functions conferred upon the President by section 412(c)

of the Agricultural Trade Development Act (7 U.S.C. 1736f(c)) are

hereby delegated to the Director, who shall consult with the

Council on these functions.

(d) The functions conferred upon the President by title V of the

Agricultural Trade Development Act (7 U.S.C. 1737) are hereby

delegated to the Administrator.

(e) The functions conferred upon the President by the Food for

Progress Act, as amended (7 U.S.C. 1736o), are hereby delegated to

the Secretary.

Sec. 5. Regulatory Review. Policies, regulations, and analyses

required by this Executive order shall be fully consistent with the

standards and criteria, analyses and procedures set forth in

Executive Order Nos. 12291 and 12498 (formerly 5 U.S.C. 601 notes).

Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980,

and Executive Order No. 12583 of February 19, 1987, are revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1727, 1727b, 1727e

of this title.

-CITE-

7 USC Sec. 1691a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

-HEAD-

Sec. 1691a. Food aid to developing countries

-STATUTE-

(a) Policy

In light of the Uruguay Round Agreement on Agriculture and the

Ministerial Decision on Measures Concerning the Possible Negative

Effects of the Reform Program on Least-Developed and Net-Food

Importing Developing Countries, the United States reaffirms the

commitment of the United States to providing food aid to developing

countries.

(b) Sense of Congress

It is the sense of Congress that -

(1) the President should initiate consultations with other

donor nations to consider appropriate levels of food aid

commitments to meet the legitimate needs of developing countries;

and

(2) the United States should increase its contribution of bona

fide food assistance to developing countries consistent with the

Agreement on Agriculture.

-SOURCE-

(July 10, 1954, ch. 469, Sec. 3, as added Pub. L. 94-161, title II,

Sec. 202, Dec. 20, 1975, 89 Stat. 851; amended Pub. L. 101-624,

title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3633; Pub. L.

104-127, title II, Sec. 201(a), Apr. 4, 1996, 110 Stat. 951.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''Food aid to developing

countries'' for ''Global food aid needs'' in section catchline and

amended text generally. Prior to amendment, text read as follows:

''In view of the principal findings of the National Research

Council of the National Academy of Sciences that doubling food aid

above 1990 levels of about 10,000,000 metric tons per year would be

necessary to meet projected global food needs throughout the decade

of the nineties, it is the sense of Congress that the President

should -

''(1) increase the contributions of food aid by the United

States, and encourage other donor countries to increase their

contributions toward meeting new food aid requirements; and

''(2) encourage other advanced nations to make increased food

aid contributions to combat world hunger and malnutrition,

particularly through the expansion of international food and

agricultural assistance programs.''

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions urging President to maintain

United States food assistance and encourage other countries to

increase their contributions, in order to meet annual goal of World

Food Conference of providing 10,000,000 tons of food assistance

annually for needy nations.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

WORLD FOOD CONFERENCE RECOMMENDATIONS

Pub. L. 94-161, title II, Sec. 213, Dec. 20, 1975, 89 Stat. 855,

directed the President to strengthen the efforts of the United

States to carry out the recommendations of the World Food

Conference and to submit a detailed report to the Congress not

later than Nov. 1, 1976, prior to repeal by Pub. L. 97-113, title

VII, Sec. 734(a)(7), Dec. 29, 1981, 95 Stat. 1560.

-CITE-

7 USC SUBCHAPTER I - BARTER 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER I - BARTER

.

-HEAD-

SUBCHAPTER I - BARTER

-CITE-

7 USC Sec. 1692 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER I - BARTER

-HEAD-

Sec. 1692. Transferred

-COD-

CODIFICATION

Section, act July 10, 1954, ch. 469, title III, Sec. 310,

formerly Sec. 303, 68 Stat. 459, as amended and renumbered, which

related to bartering authority of Secretary, was transferred to

section 1727g of this title.

-CITE-

7 USC Sec. 1693 to 1697 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER I - BARTER

-HEAD-

Sec. 1693 to 1697. Repealed. Pub. L. 89-808, Sec. 2(D), Nov. 11,

1966, 80 Stat. 1535

-MISC1-

Section 1693, acts July 10, 1954, ch. 469, title III, Sec. 304,

68 Stat. 459; Aug. 13, 1957, Pub. L. 85-128, Sec. 1(6), 71 Stat.

345; Oct. 8, 1964, Pub. L. 88-638, Sec. 1(16), 78 Stat. 1037,

provided for assistance to friendly nations in being independent of

Russian or Communist Chinese trade, prevention of increased

availability of commodities to unfriendly nations, and

nonauthorization of transactions with Russia or Communist China.

See section 1703(j) of this title.

Section 1694, acts July 10, 1954, ch. 469, title III, Sec. 305,

68 Stat. 459; Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 10, 73

Stat. 607, provided for identification of packages and containers

by appropriate markings. See section 1722 of this title.

Section 1695, act July 10, 1954, ch. 469, title III, Sec. 306, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 11, 73 Stat.

608, provided for distribution of surplus food commodities to needy

persons in United States: authorization, term of program, and cost

limitation; duties of Secretary of Agriculture; issuance of food

stamps and their redemption; receipt of benefits not deemed income

or resources under provisions of other laws; availability of

surplus foods for distribution; definition of needy person; report

to Congress; and authorization of appropriations. See Food Stamp

Program classified to chapter 51 of this title.

Section 1696, act July 10, 1954, ch. 469, title III, Sec. 307, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 12, 73 Stat.

609, provided for availability of surplus commodities for

distribution to needy families and persons in United States. See

Food Stamp Program classified to chapter 51 of this title and

provisions of section 1721 et seq. of this title relating to

donations of food on a government-to-government basis and through

voluntary organizations.

Section 1697, act July 10, 1954, ch. 469, title III, Sec. 308, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 13, 73 Stat.

609; amended Sept. 27, 1962, Pub. L. 87-703, title II, Sec. 203, 76

Stat. 611, related to disposal of animal fats and edible oils. See

section 1721 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1967, see section 5 of Pub. L. 89-808,

set out as an Effective Date of 1966 Amendment note under section

1691 of this title.

-CITE-

7 USC SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

.

-HEAD-

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1731, 1733, 1734,

1736a, 1736e, 1736f, 1736g-3, 1736o, 1738c, 1743, 1766b, 5676 of

this title; title 22 sections 2103, 2431e, 6041; title 46 App.

section 1241f.

-CITE-

7 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1701. Trade and development assistance

-STATUTE-

(a) In general

The President shall establish a program under this subchapter to

provide for the sale of agricultural commodities to developing

countries and private entities for dollars on credit terms, or for

local currencies (including for local currencies on credit terms)

for use under this subchapter. Such program shall be implemented

by the Secretary.

(b) General authority

To carry out the policies and accomplish the objectives described

in section 1691 of this title, the Secretary may negotiate and

execute agreements with developing countries and private entities

to finance the sale and exportation of agricultural commodities to

such countries and entities.

-SOURCE-

(July 10, 1954, ch. 469, title I, Sec. 101, 68 Stat. 455; Pub. L.

85-931, Sec. 1, Sept. 6, 1958, 72 Stat. 1790; Pub. L. 87-128, title

II, Sec. 201(1), Aug. 8, 1961, 75 Stat. 306; Pub. L. 88-205, pt.

IV, Sec. 403(a), Dec. 16, 1963, 77 Stat. 390; Pub. L. 88-638, Sec.

1(1), (2), Oct. 8, 1964, 78 Stat. 1035; Pub. L. 89-808, Sec. 2(B),

Nov. 11, 1966, 80 Stat. 1526; Pub. L. 97-113, title IV, Sec.

401(1), Dec. 29, 1981, 95 Stat. 1537; Pub. L. 99-198, title XI,

Sec. 1111(c), Dec. 23, 1985, 99 Stat. 1474; Pub. L. 100-202, Sec.

8, Dec. 22, 1987, 101 Stat. 1329-447; Pub. L. 101-624, title XV,

Sec. 1512, Nov. 28, 1990, 104 Stat. 3633; Pub. L. 104-127, title

II, Sec. 202, Apr. 4, 1996, 110 Stat. 951.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127, Sec. 202(1), inserted ''and

private entities'' after ''developing countries''.

Subsec. (b). Pub. L. 104-127 inserted ''and private entities''

after ''developing countries'' and ''and entities'' after ''such

countries''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing President to

negotiate agreements with friendly countries for sales of

commodities for dollars on credit terms, or for foreign currencies,

on credit or on terms permitting conversion to dollars, setting

minimum level for sales in foreign currencies, limiting extent of

sales for foreign currency to amounts that can be productively used

in private sector of foreign country, and requiring that sales for

foreign currency through financial intermediaries be on terms and

conditions specified in agreements.

1987 - Subsec. (b)(1). Pub. L. 100-202, Sec. 8(1), inserted

provisions which required for each of fiscal years 1988 through

1990 that each agreement provide for some sale of foreign

currencies for use under section 1708 of this title unless the

President determines that the level of agricultural commodities

furnished under this subchapter will be significantly reduced as a

result of this sentence.

Subsec. (b)(2). Pub. L. 100-202, Sec. 8(2), inserted '', or enter

into sales agreements not providing for sales for foreign

currencies for use under section 1708 of this title,'' after

''currencies''.

1985 - Pub. L. 99-198 in amending section generally, incorporated

existing text in provisions designated subsec. (a) and added

subsecs. (b) to (d).

1981 - Pub. L. 97-113 substituted '', to the extent that sales

for dollars under the terms applicable to such sales are not

possible, for foreign currencies on credit terms and on terms which

permit conversion to dollars at the exchange rate applicable to the

sales agreement'' for ''for foreign currencies''.

1966 - Pub. L. 89-808 substituted ''agreements with friendly

countries to provide for the sale of agricultural commodities for

dollars on credit terms or for foreign currencies'' for

''agreements with friendly nations or organizations of friendly

nations to provide for the sale of surplus agricultural commodities

for foreign currencies'' and struck out subsecs. (a) to (d), (f),

and (g), relating to safeguarding usual marketings and disruption

of world prices and normal patterns of commercial trade with

friendly countries, use of private channels to maximum extent

practicable, development and expansion of foreign markets,

restrictive commitments from participating countries, exchange

rates, and currency conversion, now covered by section 1703(c), (e)

to (h), and (m)(1) of this title, respectively, and subsec. (e),

relating to maximum opportunity for friendly nation to purchase

surplus agricultural commodities.

1964 - Subsec. (f). Pub. L. 88-638, Sec. 1(1), inserted '', and

which are not less favorable than the highest of exchange rates

obtainable by any other nation'', and struck out ''from the

government or agencies thereof'' before ''in the respective

countries''.

Subsec. (g). Pub. L. 88-638, Sec. 1(2), added subsec. (g).

1963 - Subsec. (f). Pub. L. 88-205 substituted ''the highest of

exchange rates legally obtainable from the Government or agencies

thereof'' for ''the rates at which United States Government

agencies can buy currencies from the United States disbursing

officers''.

1961 - Subsec. (f). Pub. L. 87-128 added subsec. (f).

1958 - Subsec. (a). Pub. L. 85-931 required President to take

reasonable precautions to assure that sales of surplus commodities

would not disrupt normal patterns of commercial trade with friendly

countries.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

EMERGENCY FOOD ASSISTANCE TO INDIA

Pub. L. 90-7, Apr. 1, 1967, 81 Stat. 7, provided: ''That the

Congress approves the participation of the United States in

cooperation with other countries and with multilateral

organizations, including the International Bank for Reconstruction

and Development, the Organization for Economic Cooperation and

Development, the Food and Agriculture Organization, and others, in

urgent international efforts designed to -

''(a) develop a comprehensive self-help approach to the war on

hunger based on a fair sharing of the burden among the nations of

the world;

''(b) encourage and assist the Government of India in achieving

food self-sufficiency; and

''(c) help meet India's critical food and nutritional needs by

making available agricultural commodities or other resources

needed for food procurement or production.

''Because uncertainty in connection with Public Law 480

transactions tends to depress market prices, it is the sense of

Congress that, in carrying out this Aid to India program, the

Administration should, subject to the requirement of section 401 of

Public Law 480 (section 1731 of this title) with respect to the

availability of the commodity at the time of exportation, make

announcements of intention, purchases and shipments of commodities

on schedules and under circumstances which will protect and

strengthen farm market prices to the maximum extent possible.

''The Congress endorses the President's policy of equal

participation on the part of the United States with all other

nations, under terms and conditions set forth in Public Law 480, as

amended (this chapter), in assisting the Government of India to

meet these needs.

''Further, the Congress recommends, on the basis of estimates now

available, that the United States provide an additional amount of

food grain not to exceed three million tons at an estimated cost of

$190,000,000 as the United States share toward meeting the India

food deficit, provided it is appropriately matched, and

specifically extends its support to the allocation of approximately

$190,000,000 of funds available to the Commodity Credit Corporation

in calendar year 1967 which will be required to accomplish this

purpose.

''The Congress further recommends that the President provide an

additional $25,000,000 of emergency food relief for distribution by

CARE and other American voluntary agencies.''

COTTON AND COTTON PRODUCTS

Section 8 of Pub. L. 85-931 as amended by Pub. L. 89-808, Sec.

3(d), Nov. 11, 1966, 80 Stat. 1538, provided that: ''In carrying

out the provisions of the Agricultural Trade Development and

Assistance Act of 1954, as amended (this chapter), extra long

staple cotton shall be made available for sale pursuant to the

provisions of title I of the Act (this subchapter) in the same

manner as upland cotton or any other surplus agricultural commodity

is made available, and products manufactured entirely from upland

or long staple cotton shall be made available for sale pursuant to

the provisions of title I of the Act (this subchapter) as long as

cotton is in surplus supply in the same manner as any other

agricultural commodity or product is made available, and no

discriminatory or other conditions shall be imposed which will

prevent or tend to interfere with their sale or availability for

sale under the Act (this chapter).''

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

CARGO PREFERENCE LAW EXEMPTION

Section 3 of act Aug. 3, 1956, ch. 933, 70 Stat. 988, provided

that: ''Sales of fresh fruit and the products thereof under title I

of the Act (sections 1701 to 1704, 1705 to 1707, 1708 to 1711 of

this title) shall be exempt from the requirements of the cargo

preference laws (Public Resolution 17, Seventy-third Congress (46

App. U.S.C. 1241-1) and section 901(b) of the Merchant Marine Act,

1936 (46 App. U.S.C. 1241(b))).''

IMPLEMENTATION OF PROGRAM

Program under this subchapter to provide for sale of agricultural

commodities to developing countries to be implemented by Secretary

of Agriculture, see Ex. Ord. No. 12752, Sec. 1(a), Feb. 25, 1991,

56 F.R. 8255, set out as a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1702 of this title.

-CITE-

7 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1702. Agreements regarding eligible countries and private

entities

-STATUTE-

(a) Priority

In selecting agreements to be entered into under this subchapter,

the Secretary shall give priority to agreements providing for the

export of agricultural commodities to developing countries that -

(1) have the demonstrated potential to become commercial

markets for competitively priced United States agricultural

commodities;

(2) are undertaking measures for economic development purposes

to improve food security and agricultural development, alleviate

poverty, and promote broad-based equitable and sustainable

development; and

(3) demonstrate the greatest need for food.

(b) Private entities

An agreement entered into under this subchapter with a private

entity shall require such security, or such other provisions as the

Secretary determines necessary, to provide reasonable and adequate

assurance of repayment of the financing extended to the private

entity.

(c) Agricultural market development plan

(1) ''Agricultural trade organization'' defined

In this subsection, the term ''agricultural trade

organization'' means a United States agricultural trade

organization that promotes the export and sale of a United States

agricultural commodity and that does not stand to profit directly

from the specific sale of the commodity.

(2) Plan

The Secretary shall consider a developing country for which an

agricultural market development plan has been approved under this

subsection to have the demonstrated potential to become a

commercial market for competitively priced United States

agricultural commodities for the purpose of granting a priority

under subsection (a) of this section.

(3) Requirements

(A) In general

To be approved by the Secretary, an agricultural market

development plan shall -

(i) be submitted by a developing country or private entity,

in conjunction with an agricultural trade organization;

(ii) describe a project or program for the development and

expansion of a commercial market for a United States

agricultural commodity in a developing country, and the

economic development of the country, using funds derived from

the sale of agricultural commodities received under an

agreement described in section 1701 of this title;

(iii) provide for any matching funds that are required by

the Secretary for the project or program;

(iv) provide for a results-oriented means of measuring the

success of the project or program; and

(v) provide for graduation to the use of non-Federal funds

to carry out the project or program, consistent with

requirements established by the Secretary.

(B) Agricultural trade organization

The project or program shall be designed and carried out by

the agricultural trade organization.

(C) Additional requirements

An agricultural market development plan shall contain such

additional requirements as are determined necessary by the

Secretary.

(4) Administrative costs

(A) In general

The Secretary may make funds made available to carry out this

subchapter available for the reimbursement of administrative

expenses incurred by agricultural trade organizations in

developing, implementing, and administering agricultural market

development plans, subject to such requirements and in such

amounts as the Secretary considers appropriate.

(B) Duration

The funds may be made available to agricultural trade

organizations for the duration of the applicable agricultural

market development plan.

(C) Termination

The Secretary may terminate assistance made available under

this subsection if the agricultural trade organization is not

carrying out the approved agricultural market development plan.

-SOURCE-

(July 10, 1954, ch. 469, title I, Sec. 102, 68 Stat. 455; Apr. 25,

1955, ch. 27, 69 Stat. 44; Pub. L. 88-638, Sec. 1(3), Oct. 8, 1964,

78 Stat. 1035; Pub. L. 89-808, Sec. 2(B), Nov. 11, 1966, 80 Stat.

1526; Pub. L. 90-436, Sec. 9, July 29, 1968, 82 Stat. 451; Pub. L.

95-88, title II, Sec. 201(a), Aug. 3, 1977, 91 Stat. 545; Pub. L.

95-113, title XII, Sec. 1201, Sept. 29, 1977, 91 Stat. 955; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3634; Pub.

L. 104-127, title II, Sec. 203, Apr. 4, 1996, 110 Stat. 951.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 amended section generally, substituting

present provisions for provisions outlining eligibility of

developing countries for assistance under this subchapter and

factors in determining priority for assistance.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing Commodity Credit

Corporation to finance sales from its own and private stocks, and

allowing it, upon request, to serve as purchasing and/or shipping

agent.

1977 - Pub. L. 95-113 inserted provisions authorizing the

Corporation, when requested by the purchaser of commodities, to

serve as the purchasing or shipping agent, or both, in arranging

the purchasing or shipping of the commodities.

Pub. L. 95-88 struck out proviso prohibiting the financing by the

Commodity Credit Corporation of the sale and export of agricultural

commodities where the exporter had engaged in any sales, trade, or

commerce with North Vietnam, or with any resident thereof, or which

owned or controlled any company so engaged either directly or

indirectly, and struck out an additional proviso requiring that

financing applications be accompanied by statements in which were

listed the branches, etc., in which the applicant had a controlling

interest and the companies which had a controlling interest in the

applicant company.

1968 - Pub. L. 90-436 inserted proviso that the Commodity Credit

Corporation should not finance the sale and export of any

agricultural commodities where the exporter has engaged in any

sales, trade or commerce with North Vietnam, or with any resident

thereof, or which owns or controls any company so engaged, or which

is owned or controlled by any company or person so engaged either

directly or indirectly, and the further proviso that the financing

application be accompanied by a statement in which are listed the

branches, etc., in which the applicant has a controlling interest

and the companies which have a controlling interest in the

applicant company.

1966 - Pub. L. 89-808 incorporated provisions formerly

constituting subsec. (a)(2), and struck out other provisions of

subsec. (a) and (a)(1) relating to availability of stocks acquired

in price support operations and ocean freight charges, such charges

now covered by section 1708 of this title, and subsec. (b) for

letters of commitment against funds or guaranties and establishment

of accounts.

1964 - Subsec. (a). Pub. L. 88-638 authorized Commodity Credit

Corporation to finance ocean freight charges incurred under

agreements entered into after Dec. 31, 1964, to extent such charges

are higher because of requirement that commodities be shipped in

United States flag vessels, and provided that such agreements

require balance of such charges to be paid in dollars.

1955 - Subsec. (a). Act Apr. 25, 1955, struck out requirement

that exporters of privately owned stocks acquire an equivalent

quantity of Commodity Credit Corporation stocks.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENTS

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

Section 215 of Pub. L. 95-88 provided that: ''The provisions of

this title (enacting sections 1712 to 1714 and 1727 to 1727f of

this title, amending this section and sections 1427, 1431, 1692,

1703, 1706, 1711, 1721, 1722, 1723, 1726, 1731, and 1736b of this

title, and enacting provisions set out as notes under sections 1708

and 1722 of this title) shall become effective October 1, 1977.''

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-CITE-

7 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1703. Terms and conditions of sales

-STATUTE-

(a) Payment

(1) Dollars

Except as provided in paragraph (2), agreements under this

subchapter shall require that payment for agricultural

commodities be made in dollars.

(2) Local currencies

(A) In general

The Secretary may permit payment under an agreement under

this subchapter in the local currency of the appropriate

country in order to use the proceeds from such payments to

carry out activities under section 1704 of this title.

(B) Rates of exchange

Payments in local currency shall be at rates of exchange that

are no less favorable than the highest exchange rate legally

obtainable in the country and that are no less favorable than

the highest exchange rate obtainable by any other country.

(b) Interest

Such agreements shall provide that interest accrue on the payment

deferred under such agreement at a concessional rate as determined

appropriate by the Secretary.

(c) Duration

Payments required under such agreements may be made in reasonable

annual amounts over the period (not more than 30 years from the

date of the last delivery of commodities in each year under such

agreement) specified in the agreement.

(d) Deferral of payments

The Secretary may defer the date on which the developing country

or private entity is required to begin making payment, under such

agreements, for a period of not in excess of 5 years after the date

of the last delivery of commodities in each year under the

agreement, and interest shall be computed from the date of such

last delivery.

(e) Delivery of commodities

Delivery of the commodities shall be made in accordance with the

terms of the agreement.

-SOURCE-

(July 10, 1954, ch. 469, title I, Sec. 103, 68 Stat. 456; Aug. 12,

1955, ch. 873, Sec. 1, 69 Stat. 721; May 28, 1956, ch. 327, title

II, Sec. 208(a), 70 Stat. 201; Aug. 3, 1956, ch. 933, Sec. 1, 70

Stat. 988; Pub. L. 85-128, Sec. 1(2), Aug. 13, 1957, 71 Stat. 345;

Pub. L. 85-931, Sec. 2, Sept. 6, 1958, 72 Stat. 1790; Pub. L.

86-341, title I, Sec. 2, Sept. 21, 1959, 73 Stat. 606; Pub. L.

87-28, May 4, 1961, 75 Stat. 64; Pub. L. 87-128, title II, Sec.

201(2), Aug. 8, 1961, 75 Stat. 306; Pub. L. 88-638, Sec. 1(4), (5),

Oct. 8, 1964, 78 Stat. 1035; Pub. L. 89-808, Sec. 2(B), Nov. 11,

1966, 80 Stat. 1526; Pub. L. 90-436, Sec. 4, 5, July 29, 1968, 82

Stat. 450; Pub. L. 91-524, title VII, Sec. 703, Nov. 30, 1970, as

added Pub. L. 93-86, Sec. 1(26), Aug. 10, 1973, 87 Stat. 237; Pub.

L. 93-125, Sec. 1(e), Oct. 18, 1973, 87 Stat. 450; Pub. L. 94-161,

title II, Sec. 203, Dec. 20, 1975, 89 Stat. 851; Pub. L. 95-88,

title II, Sec. 201(b), 211(b)(1), Aug. 3, 1977, 91 Stat. 545, 551;

Pub. L. 95-424, title I, Sec. 102(b)(2)(B), Oct. 6, 1978, 92 Stat.

941; Pub. L. 96-53, title II, Sec. 201, Aug. 14, 1979, 93 Stat.

368; Pub. L. 97-113, title IV, Sec. 401(2)-(4), Dec. 29, 1981, 95

Stat. 1537; Pub. L. 99-198, title XI, Sec. 1111(d), Dec. 23, 1985,

99 Stat. 1475; Pub. L. 100-202, Sec. 9, Dec. 22, 1987, 101 Stat.

1329-448; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3634; Pub. L. 104-127, title II, Sec. 204, Apr. 4, 1996, 110

Stat. 953.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2)(A). Pub. L. 104-127, Sec. 204(1), struck

out ''a recipient country to make'' after ''may permit'' and

substituted ''the appropriate country'' for ''such country''.

Subsec. (c). Pub. L. 104-127, Sec. 204(2), struck out ''less than

10 nor'' before ''more than 30''.

Subsec. (d). Pub. L. 104-127, Sec. 204(3), substituted

''developing country or private entity'' for ''recipient country''

and ''5 years'' for ''7 years''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions requiring President to consider

efforts of recipients to increase agricultural production,

determine amount needed in foreign currencies, protect other

markets for United States commodities, make sales only to friendly

countries, use private trade channels whenever practicable,

consider expansion of markets, prevent resale by recipients, obtain

favorable exchange rates, emphasize production of food crops,

assist friendly countries in avoiding Communist domination, require

payment of at least 5 per centum of purchase price upon delivery in

dollars or convertible currency, obtain commitments from recipients

to publicize source of food, require convertibility of foreign

currencies, avoid displacement of sales that would otherwise have

been made, assure United States obtains fair share in increase of

commercial purchases by recipients, assure convertibility of

foreign currencies at uniform exchange rates, and favor countries

promoting private sector in allocation of commodities.

1987 - Subsec. (r). Pub. L. 100-202 added subsec. (r).

1985 - Subsec. (b). Pub. L. 99-198, Sec. 1111(d)(1), inserted '',

in section 1708 of this title,'' after ''section 1704 of this

title''.

Subsec. (d). Pub. L. 99-198, Sec. 1111(d)(2), struck out ''for

dollars on credit terms'' after ''agricultural commodities''.

Subsec. (m). Pub. L. 99-198, Sec. 1111(d)(3), inserted

introductory text ''except as provided in section 1708 of this

title,'' substituted a period for the semicolon at end of cl. (2),

and inserted provisions respecting period for convertibility of

foreign currencies into dollars and establishment in the agreement

for sale of a schedule for conversion without specifying the

exchange rate.

Subsec. (n). Pub. L. 99-198, Sec. 1111(d)(4), struck out ''for

dollars on credit terms'' after ''sales'' and ''for cash dollars''

after ''made''.

Subsec. (o). Pub. L. 99-198, Sec. 1111(d)(5), substituted

''take'' for ''Take''.

Subsecs. (p), (q). Pub. L. 99-198, Sec. 1111(d)(6), (7),

substituted ''except as provided in section 1708 of this title,

assure convertibility'' for ''Assure convertibility''.

1981 - Subsec. (b). Pub. L. 97-113, Sec. 401(2), struck out

requirement that President take steps to assure a progressive

transition from sales for foreign currencies to sales for dollars

(or to the extent that transition to sales for dollars under the

terms applicable to such sales is not possible, transition to sales

for foreign currencies on credit terms no less favorable to the

United States than those for development loans made under section

2151t of title 22, and on terms which permit conversion to dollars

at the exchange rate applicable to the sales agreement) at a rate

whereby the transition can be completed by Dec. 31, 1971; and

struck out reference to subsec. (c) of section 1704 of this title.

Subsec. (d). Pub. L. 97-113, Sec. 401(3), in defining ''friendly

country'', struck out provision excluding from term ''for the

purpose only of sales of agricultural commodities for foreign

currencies under this subchapter, any country or area dominated by

a Communist government''.

Subsec. (l). Pub. L. 97-113, Sec. 401(4), struck out requirement

that President obtain commitments from friendly purchasing

countries that will insure, insofar as practicable, that food

commodities sold for foreign currencies under this subchapter shall

be marked or identified at point of distribution or sale as being

provided on a concessional basis to the recipient government

through the generosity of the people of the United States of

America.

1979 - Subsec. (f). Pub. L. 96-53 substituted provisions

requiring Presidential consideration to the development and

expansion of markets for United States agricultural commodities and

local foodstuffs, for provisions requiring special Presidential

consideration to the development and expansion of foreign markets

for United States agricultural commodities.

1978 - Subsec. (b). Pub. L. 95-424 substituted ''section 2151t of

title 22'' for ''section 2161 of title 22''.

1977 - Subsec. (b). Pub. L. 95-88, Sec. 211(b)(1), substituted

''and in subchapters I and III-A of this chapter'' for ''and in

section 1706(b)(2) of this title'' after ''uses specified in

subsections (a), (b), (c), (e), and (h) of section 1704''.

Subsec. (d). Pub. L. 95-88, Sec. 201(b), struck out provisions

that ''friendly country'' not include, for the purpose only of

sales of agricultural commodities under this subchapter, any nation

which sold or furnished or permitted ships or aircraft under its

registry to transport to or from Cuba or North Vietnam (excluding

United States installations in Cuba) any equipment, materials, or

commodities so long as they were governed by a Communist regime:

Provided, That this exclusion from the definition of ''friendly

country'' could be waived by the President if he determined that

such waiver was in the national interest and reported such

determination to the Congress within 10 days of the date of such

determination, and struck out provisions that ''friendly country''

also not include, for the purposes only of sales under this

subchapter, the United Arab Republic, unless the President

determined that such sale was in the national interest of the

United States, that no sales to the United Arab Republic be based

upon the requirements of that nation for more than one fiscal year,

and that the President keep the President of the Senate and the

Speaker of the House of Representatives fully and currently

informed with respect to sales made to the United Arab Republic

under this subchapter.

1975 - Subsec. (a). Pub. L. 94-161, Sec. 203(1), substituted

''efforts to increase their own agricultural production, especially

through small, family farm agriculture, to improve their facilities

for transportation, storage, and distribution of food commodities,

and to reduce their rate of population growth'' for ''efforts to

meet their problems of food production and population growth''.

Subsec. (b). Pub. L. 94-161, Sec. 203(2), substituted ''section

1704 and in section 1706(b)(2) of this title'' for ''section 1704

of this title''.

Subsec. (d). Pub. L. 94-161, Sec. 203(3), substituted second

proviso ''Provided, That this exclusion from the definition of

'friendly country' may be waived by the President if he determines

that such waiver is in the national interest and reports such

determination to the Congress within 10 days of the date of such

determination'' for ''Provided, That with respect to furnishing,

selling, or selling and transporting to Cuba medical supplies,

non-strategic raw materials for agriculture, and non-strategic

agricultural or food commodities, sales agreements may be entered

into if the President finds with respect to each such country and

so informs the Senate and the House of Representatives of the

reasons therefor, that the making of each such agreement would be

in the national interest of the United States and all such findings

and reasons therefor shall be published in the Federal Register''.

1973 - Subsec. (o). Pub. L. 93-125 made technical correction to

Pub. L. 93-86, see 1973 Amendment note below.

Pub. L. 91-524, Sec. 703, as added by Pub. L. 93-86 as amended by

Pub. L. 93-125, inserted ''and that commercial supplies are

available to meet demands developed through programs carried out

under this chapter.'' before the semicolon at end.

1968 - Subsec. (b). Pub. L. 90-436, Sec. 4, made mandatory,

except when determined by President to be inconsistent with

objectives of this chapter, proviso that President, in agreements

for credit sales, require immediate payment in dollars or in

foreign currencies upon delivery of agricultural commodities, such

payment to be considered as an advance payment of earliest

obligations.

Subsecs. (o) to (q). Pub. L. 90-436, Sec. 5, added subsecs. (o)

to (q).

1966 - Subsec. (a). Pub. L. 89-808 substituted provisions

respecting self-help measures for meeting problems of food

production and population growth for former provisions for

appropriations for reimbursement of Commodity Credit Corporation,

advance use of other funds, and classification of expenditures, now

provided for in part by section 1733 of this title.

Subsec. (b). Pub. L. 89-808 substituted provisions respecting

taking steps to assure a progressive transition from sales for

foreign currencies to sales for dollars (such transition to be

completed by December 31, 1971) but authorizing payment in foreign

currencies for purposes of section 1704(a) to (c), (e), and (h) of

this title for former limitation on transactions, now provided for

by section 1710 of this title.

Subsec. (c). Pub. L. 89-808 redesignated provisions of former

section 1701(a) of this title as subsec. (c), substituting

''subchapter'' for ''chapter''.

Subsec. (d). Pub. L. 89-808 redesignated provisions of former

section 1707 of this title as subsec. (d), provided for sales

agreements only with friendly countries and for periodic reports to

Congress of status of such countries, deleted from definition of

''friendly country'' (formerly ''friendly nation'') clause ''(1)

the U.S.S.R.'', redesignated cls. (2) to (4) as (1) to (3),

substituted ''country'' for ''nation'', struck out ''or

controlled'' after ''dominated'' in cl. (2), amended cl. (3) to

include North Vietnam, insert selling or furnishing ships or

aircraft, substitute ''so long as they are governed by a Communist

regime'' for '', so long as Cuba is governed by the Castro

regime'', and provided for entry into sales agreements when in the

national interest for furnishing, selling, or selling and

transporting to Cuba medical supplies, etc., upon information to

Congress and publication in Federal Register, designated existing

provisions as cl. (4), and substituted requirement of information

to the President of the Senate of sales to United Arab Republic

rather than the Foreign Relations Committee and Appropriations

Committee of the Senate.

Subsec. (e). Pub. L. 89-808 redesignated provisions of former

section 1701(b) of this title as subsec. (e), inserting provision

for the taking of steps to assure that small business has adequate

and fair opportunity to participate in sales made under authority

of this chapter.

Subsec. (f). Pub. L. 89-808 redesignated provisions of former

section 1701(c) of this title as subsec. (f), substituting ''the

development and expansion of foreign markets for United States

agricultural commodities'' for ''utilizing the authority and funds

provided by this chapter, in order to develop and expand continuous

market demand abroad for agricultural commodities'' and ''emphasis

on more adequate storage, handling, and food distribution

facilities as well as long-term development of new and expanding

markets by encouraging economic growth'' for ''emphasis on

underdeveloped and new market areas''.

Subsec. (g). Pub. L. 89-808 redesignated provisions of former

section 1701(d) of this title as subsec. (g), substituted

''obtain'', ''purchasing countries'', and ''subchapter'' for ''seek

and secure'', ''participating countries'', and ''chapter'' and

struck out ''surplus'' before ''agricultural commodities''.

Subsec. (h). Pub. L. 89-808 redesignated provisions of former

section 1701(f) of this title as subsec. (h).

Subsec. (i). Pub. L. 89-808 added subsec. (i).

Subsec. (j). Pub. L. 89-808 incorporated in provisions added as

subsec. (j) former section 1693 of this title, substituting ''to be

independent of domination or control by any world Communist

movement'' for ''to be independent of trade with the Union of

Soviet Socialist Republics or the Communist regime in China and

with nations dominated or controlled by the Union of Soviet

Socialist Republics'' and ''sales agreements under this subchapter

with any government or organization controlling a world Communist

movement or with any country with which the United States does not

have diplomatic relations'' for ''transactions under this

subchapter or subchapter I of this title with the Union of Soviet

Socialist Republics or any of the areas dominated or controlled by

the Communist regime in China'' and struck out provision for

prevention of increased availability of commodities to unfriendly

nations.

Subsec. (k). Pub. L. 89-808 added subsec. (k).

Subsec. (l). Pub. L. 89-808 added subsec. (l).

Subsec. (m). Pub. L. 89-808 redesignated provisions of former

section 1701(g) of this title as par. (1) and added par. (2).

Subsec. (n). Pub. L. 89-808 incorporated in provisions added as

subsec. (n) part of former section 1734 of this title requiring the

Secretary to take such reasonable precautions as he determines

necessary to avoid replacing any sales which the Secretary found

and determined would otherwise be made for cash dollars.

1964 - Subsec. (a). Pub. L. 88-638, Sec. 1(4), directed the

President to classify expenditures under this chapter as for

international affairs and finance rather than for agriculture and

agricultural resources.

Subsec. (b). Pub. L. 88-638, Sec. 1(5), substituted ''1965'' for

''1962'', ''1966'' for ''1964'', and ''$2,700,000,000 plus any

amount by which agreements entered into in prior years have called

or will call for appropriations to reimburse the Commodity Credit

Corporation in amounts less than authorized for such prior years by

this chapter as in effect during such years'' for

''$4,500,000,000''.

1961 - Subsec. (b). Pub. L. 87-128 substituted authorization

provision of $4,500,000,000 for period beginning January 1, 1962,

and ending December 31, 1964, with a limitation of $2,500,000,000

for any one calendar year, for authorization provision of

$1,500,000,000 plus any amount by which agreements entered into in

the preceding calendar year called for appropriations in amount

less than authorized for such preceding year by this chapter as in

effect during the preceding year for period beginning January 1,

1960, and ending December 31, 1961.

Pub. L. 87-28 authorized agreements during the calendar year 1961

calling for appropriations of not more than $3,500,000,000 plus any

unused authority carried over from 1960.

1959 - Subsec. (b). Pub. L. 86-341 substituted ''in any calendar

year during the period beginning January 1, 1960, and ending

December 31, 1961'' for ''during the period beginning July 1, 1958,

and ending December 31, 1959'', ''$1,500,000,000'' for

''$2,250,000,000'', ''in the preceding calendar year'' for ''in

prior fiscal years'', ''for such preceding year'' for ''for such

prior fiscal years'', and ''during such preceding year'' for

''during such fiscal years''.

1958 - Subsec. (b). Pub. L. 85-931 amended subsec. (b) generally,

substituting ''Agreements entered into'' for ''Transactions carried

out'', providing for $2,250,000,000 for sales between July 1, 1958,

and Dec. 31, 1959, and for carrying over unused authorizations from

one fiscal to succeeding fiscal years, and striking out clause that

limitation on sales shall not be apportioned by year or by country

and shall be considered as an objective to be reached as rapidly as

possible within the safeguards of this chapter.

1957 - Subsec. (b). Pub. L. 85-128 substituted ''$4,000,000,000''

for ''$3,000,000,000''.

1956 - Subsec. (a). Act May 28, 1956, authorized appropriations

equal to all Commodity Credit Corporation funds expended for ocean

freight costs.

Subsec. (b). Act Aug. 3, 1956, increased from $1,500,000,000 to

$3,000,000,000 the limitation on sales.

1955 - Subsec. (b). Act Aug. 12, 1955, increased from

$700,000,000 to $1,500,000,000 the limitation on sales, and

provided that this limitation shall not be apportioned by year or

by country.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 1(5) of Pub. L. 88-638 provided that the amendment made

by that section is effective Jan. 1, 1965.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 201(2) of Pub. L. 87-128 provided that the amendment made

by that section is effective Jan. 1, 1962.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 2 of Pub. L. 86-341 provided that the amendment made by

that section is effective Jan. 1, 1960.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1736o of this title.

-CITE-

7 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1704. Use of local currency payment

-STATUTE-

(a) In general

Agreements under this subchapter may provide that the Secretary

shall use payments made in local currencies by the developing

country or private entity in accordance with this section.

(b) Special account

Foreign currencies received by the Secretary under this

subchapter shall be deposited in a separate account, that may be

interest-bearing, to the credit of the United States and such

currencies and interest thereon shall be used as provided for in

this section.

(c) Activities

The proceeds from the payments referred to in subsection (a) of

this section may be used in the appropriate developing country for

the following:

(1) Trade development

To carry out programs to help develop markets for United States

agricultural commodities on a mutually beneficial basis in the

appropriate developing country.

(2) Agricultural development

To support -

(A) increased agricultural production, including availability

of agricultural inputs, with emphasis on small farms,

processing of agricultural commodities, forestry management,

and land and water management;

(B) credit policies for private-sector agriculture

development;

(C) establishment and expansion of institutions for basic and

applied agricultural research and the use of such research

through development of extension services; and

(D) programs to control rodents, insects, weeds, and other

animal or plant pests.

(3) Agricultural business development loans

To make loans to United States business entities (including

cooperatives) and branches, subsidiaries, or affiliates of such

entities for agricultural business development and agricultural

trade expansion in such appropriate developing countries.

(4) Agricultural facilities loans

To make loans to domestic or foreign entities (including

cooperatives) for the establishment of facilities for aiding in

the utilization or distribution of, or otherwise increasing the

consumption of and markets for, United States agricultural

products.

(5) Trade promotion

To promote agricultural trade development, under procedures

established by the Secretary, by making loans or through other

activities (including trade fairs) that the Secretary determines

to be appropriate.

(6) Private sector agricultural trade development

To conduct private sector agricultural trade development

activities in the appropriate developing country, as determined

appropriate by the Secretary.

(7) Research

To conduct research in agriculture, forestry, and aquaculture,

including collaborative research which is mutually beneficial to

the United States and the appropriate developing country.

(8) United States obligations

To make payments of United States obligations (including

obligations entered into pursuant to other laws).

(d) Fiscal requirements regarding use of local currencies

(1) Exemption

Section 1306 of title 31 shall not apply to local currencies

used by the President under paragraphs (1) through (7) of

subsection (c) of this section.

(2) Use of currencies by other agencies

Any department or agency of the Federal Government other than

the Department of Agriculture using any such local currencies for

a purpose for which funds have been appropriated shall reimburse

the Commodity Credit Corporation in an amount equivalent to the

dollar value of the currencies used.

-SOURCE-

(July 10, 1954, ch. 469, title I, Sec. 104, 68 Stat. 456; Aug. 26,

1954, ch. 937, title V, Sec. 544(h), (i), as added July 18, 1956,

ch. 627, Sec. 11(a), 70 Stat. 564, 565; amended Aug. 3, 1956, ch.

933, Sec. 2, 70 Stat. 988; Pub. L. 85-128, Sec. 1(4), Aug. 13,

1957, 71 Stat. 345; Aug. 26, 1954, ch. 937, title V, Sec. 544(c),

as added Pub. L. 85-141, Sec. 11(b)(2), Aug. 14, 1957, 71 Stat.

365; Pub. L. 85-477, ch. V, Sec. 502(l), June 30, 1958, 72 Stat.

275; Pub. L. 85-931, Sec. 3, Sept. 6, 1958, 72 Stat. 1790; Pub. L.

86-108, ch. VII, Sec. 701(d), July 24, 1959, 73 Stat. 258; Pub. L.

86-341, title I, Sec. 4-9, Sept. 21, 1959, 73 Stat. 606, 607; Pub.

L. 87-128, title II, Sec. 201(3), Aug. 8, 1961, 75 Stat. 306; Pub.

L. 87-195, pt. III, Sec. 612(b), pt. IV, Sec. 704, Sept. 4, 1961,

75 Stat. 443, 463; Pub. L. 87-839, Sec. 2, Oct. 18, 1962, 76 Stat.

1074; Pub. L. 88-205, pt. III, Sec. 301(d)(2), Dec. 16, 1963, 77

Stat. 386; Pub. L. 88-638, Sec. 1(6)-(10), 2, Oct. 8, 1964, 78

Stat. 1035-1038; Pub. L. 89-106, Sec. 5, Aug. 4, 1965, 79 Stat.

432; Pub. L. 89-808, Sec. 2(B), Nov. 11, 1966, 80 Stat. 1528; Pub.

L. 90-436, Sec. 2(a), 3, 6, July 29, 1968, 82 Stat. 450, 451; Pub.

L. 91-524, title VII, Sec. 702, Nov. 30, 1970, 84 Stat. 1379; Pub.

L. 94-161, title II, Sec. 204, Dec. 20, 1975, 89 Stat. 852; Pub. L.

96-53, title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366; Pub. L.

97-113, title IV, Sec. 401(5), 402, Dec. 29, 1981, 95 Stat. 1537;

Pub. L. 100-418, title IV, Sec. 4401, Aug. 23, 1988, 102 Stat.

1400; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3635; Pub. L. 104-127, title II, Sec. 205, Apr. 4, 1996, 110

Stat. 953.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127, Sec. 205(1), substituted

''developing country or private entity'' for ''recipient country''.

Subsec. (c). Pub. L. 104-127, Sec. 205(2), substituted

''appropriate developing country'' for ''recipient country'' in

introductory provisions and pars. (1), (6), and (7), and

''appropriate developing countries'' for ''recipient countries'' in

par. (3).

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing President to use

local currencies received as payments to pay United States

obligations, for agricultural market development, for educational

and cultural exchange, for scientific activities, for purchase of

real property abroad, for purchase of foreign books, periodicals,

etc., for United States libraries, to meet emergency relief

requirements, for loans to United States businesses for trade

expansion and to firms for development of facilities increasing

market for commodities, for loans to recipients to improve food

production and marketing, to purchase goods and services for other

friendly countries, to pay for food production assistance programs,

for sale for dollars to United States citizens, to pay for animal

and plant pest control, and provisions relating to application of

section 1306 of title 31, and to use of currencies of which United

States has amounts in excess of needs for next two fiscal years.

1988 - Subsec. (b)(1). Pub. L. 100-418 inserted ''(including wood

and processed wood products of the United States)'' after first

reference to ''agricultural commodities''.

1981 - Pub. L. 97-113, Sec. 401(5)(A), (B), substituted in

introductory text ''agreements for such sales entered into prior to

January 1, 1972,'' for ''this subchapter'' and struck out from

penultimate proviso, par. (3), ''except as provided in subsection

(c) of this section),'' after ''foreign currencies''.

Subsec. (d). Pub. L. 97-113, Sec. 402, increased fiscal year

limitation to $10,000,000 from $5,000,000.

1979 - Subsec. (f). Pub. L. 96-53 substituted ''Agency for

International Development'' for ''Advisory Committee on Voluntary

Foreign Aid''.

1975 - Pub. L. 94-161 inserted references to the House Committee

on International Relations and the Senate Committee on Foreign

Relations in first proviso of subsec. (b)(1), in par. (3) of

penultimate proviso following subsec. (k), and in last sentence of

section and repealed subsec. (c) which read: ''To procure

equipment, materials, facilities, and services for the common

defense including internal security;'', respectively.

1970 - Pub. L. 91-524 inserted provision allowing appropriation

acts to specifically authorize the use of foreign currencies in the

educational and cultural exchange program without requiring the

appropriation of dollars for the purchase of those same foreign

currencies.

1968 - Subsec. (b)(2). Pub. L. 90-436, Sec. 3, authorized the

financing with at least 2 percent of the total sales proceeds each

year in each country of additional activities to strengthen the

resources of American schools, colleges, universities, and other

public and nonprofit private educational agencies for international

studies and research pursuant to programs authorized by title VI of

the National Defense Education Act, the Mutual Educational and

Cultural Exchange Act of 1961, the International Education Act of

1966, the Higher Education Act of 1965, the Elementary and

Secondary Education Act of 1965, the National Foundation on the

Arts and the Humanities Act of 1965, and the Public Broadcasting

Act of 1967.

Subsec. (h). Pub. L. 90-436, Sec. 2(a), inserted provision that

not less than 5 percent of the total sales proceeds, if requested

by the foreign country, be used for voluntary programs to control

population growth.

Subsec. (k). Pub. L. 90-436, Sec. 6, added subsec. (k).

1966 - Pub. L. 89-808, in introductory text, struck out ''section

724 of title 31, or'' after ''Notwithstanding'', substituted

''foreign countries or international organizations'' for ''friendly

nations, or organizations of nations'', and inserted ''in

connection with sales for foreign currencies'' after ''accrue''.

Subsec. (a). Pub. L. 89-808 redesignated subsec. (f) as (a),

struck out ''abroad'' after ''obligations'' and inserted

''(including obligations entered into pursuant to other

legislation)''. Former subsec. (a) redesignated (b)(1).

Subsec. (b). Pub. L. 89-808 struck out subsec. (b) which provided

for purchase, in such amounts as may be specified from time to time

in appropriation acts, strategic or other materials for a

supplemental stockpile of such materials as the president may

determine from time to time.

Subsec. (b)(1). Pub. L. 89-808 redesignated former subsec. (a) as

(b)(1), inserted ''For carrying out programs of United States

Government agencies to - '' preceding par. (1) and restriction

against making a release until expiration of requisite number of

days following transmittal to congressional committees, struck out

''after September 21, 1959,'' before ''shall be set aside'' and

''Provided further, That no such funds shall be allocated under

this subsection after June 30, 1960, except as may be specified

from time to time, in appropriation acts'' before convertibility of

proceeds provision, substituted ''as he determines cannot be

effectively used for agricultural market development purposes under

this section'' for ''as he determines not to be needed, within a

reasonable period of time, for such purpose:'' and ''sale of

agricultural commodities'' for ''sale of surplus agricultural

commodities'' and inserted provisions of utilization of nonprofit

agricultural trade organizations to maximum extent possible in

carrying out agricultural market development activities and

inclusion as a purpose of subsec. (b) such representation of

agricultural industries as may be required during course of

discussions on trade programs relating either to individual

commodities or groups of commodities.

Subsec. (b)(2). Pub. L. 89-808 incorporated in provisions

designated as par. (2) provisions of subsec. (h) which provided for

financing of international exchange activities under programs

authorized by section 1641(b)(2) of Appendix to title 50 and for

financing in such amounts as may be specified from time to time in

appropriation acts of programs for interchange of persons under

section 1446 of title with a particular effort for allocation of

funds with regard to countries where adequate funds are not

available from other sources for such purposes and countries where

agreements can be negotiated to establish a fund to be available

over a period of years for such purposes, including setting aside

of such amounts from sale proceeds and loan repayments not in

excess of $1,000,000 a year in any one country for not more than 5

years in advance, as determined to be required for such purposes by

the Secretary of State.

Subsec. (b)(3). Pub. L. 89-808 redesignated subsec. (k) as par.

(3), included use of foreign currencies for family planning

programs, and struck out proviso for availability of foreign

currencies for subsec. (k) purposes (in addition to funds otherwise

made available for such purposes) only in such amounts as may be

specified from time to time in appropriation Acts.

Subsec. (b)(4). Pub. L. 89-808 redesignated subsec. (l) as par.

(4), striking out subsec. (l) proviso for availability of foreign

currencies for subsec. (l) purposes (in addition to funds otherwise

made available for such purposes) in such amounts as may be

specified from time to time in appropriation acts.

Subsec. (b)(5). Pub. L. 89-808 redesignated subsec. (n)(1) to (3)

as par. (5)(A) to (C), striking out provision for use of foreign

currencies ''in such amounts as may be specified from time to time

in appropriation acts''.

Subsec. (c). Pub. L. 89-808 reenacted existing provisions.

Subsec. (d). Pub. L. 89-808 redesignated subsec. (q) as (d).

Former subsec. (d) redesignated (g).

Subsec. (e). Pub. L. 89-808 substituted provisions for use of

foreign currencies to maximum extent and for due consideration to

be given to the continued expansion of markets for United States

agricultural commodities or products thereof in proviso for former

provisions for availability of such currencies to maximum usable

extent and for manufacture or production of any commodity to be

marketed in competition with United States agricultural commodities

or products thereof in the proviso, authorized loans to

cooperatives and for private home construction in foreign

countries, struck out introductory phrase for uses of such

currencies ''For promoting balanced economic development and trade

among nations'', and that loans be mutually agreeable to the agency

and the country making the agreement, and inserted ''intended'' in

proviso.

Subsec. (f). Pub. L. 89-808 redesignated subsec. (g) as (f),

provided for promotion of agricultural development, establishment

of procedures by the President, use of funds in any other manner

than loans as determined by the President to be in the national

interest, assistance to programs of recipient countries designed to

promote, increase, or improve food production, processing,

distribution, or marketing in food-deficit countries friendly to

the United States, and utilization for such purpose to extent

practicable the services of registered and approved nonprofit

voluntary agencies, prohibited use of funds to promote religious

activities, and struck out provisions for loans made through

established banking facilities of the friendly nation from which

the foreign currency was obtained or in any other manner which the

President may deem to be appropriate and authorization for

acceptance of strategic materials, services, or foreign currencies

in payment of such loans. Former subsec. (f) redesignated (a).

Subsec. (g). Pub. L. 89-808 redesignated former subsec. (d) as

(g), struck out ''financing'' before ''the purchase''. Former

subsec. (g) redesignated (f).

Subsec. (h). Pub. L. 89-808 added subsec. (h) Former subsec. (h)

redesignated (b)(2).

Subsec. (i). Pub. L. 89-808 substituted provisions respecting use

of foreign currencies for paying costs outside the United States of

carrying out food production assistance programs for former

provisions for financing ($5,000,000 fiscal year limitation)

translation, publication, and distribution of books and

periodicals, including Government publications, abroad.

Subsec. (j). Pub. L. 89-808 redesignated subsec. (t) as (j),

authorized sale of foreign currencies to nonprofit organizations,

and struck out provisions making the currencies available for sale

at United States embassies or other convenient locations,

describing such currencies as acquired through operations under

Foreign Assistance Act of 1961, as amended, Mutual Security Act of

1954, as amended, or any Act repealed thereby, or Agricultural

Trade Development and Assistance Act of 1954, as amended,

prohibiting such sales for travel purposes under agreement entered

into with another country or when so committed by agreement to

other uses, depositing dollars from such sales into United States

Treasury as miscellaneous receipts, and treating dollars deposited

into the CCC account as a reimbursement under section 1705 of this

title. Former subsec. (j) provided for assistance to schools,

libraries, and community centers abroad founded or sponsored by

United States citizens and serving as demonstration centers, and is

now covered by subsec. (b)(2) of this section.

Subsecs. (k), (l). Pub. L. 89-808 redesignated subsecs. (k) and

(l) as (b)(3) and (4).

Subsec. (m). Pub. L. 89-808 struck out subsec. (m) which provided

for financing in such amounts as may be specified from time to time

in appropriation acts trade fair participation and related

activities and agricultural and horticultural fair participation

and related activities.

Subsec. (n). Pub. L. 89-808 redesignated subsec. (n) as (b)(5).

Subsecs. (o), (p). Pub. L. 89-808 struck out subsec. (o) which

provided for assistance, in such amounts as may be specified from

time to time in appropriation acts, in expansions or operation in

foreign countries of schools, colleges, or universities founded or

sponsored by United States citizens for carrying out programs of

vocational, professional, scientific, technological, or general

education, and subsec. (p) which provided for supporting workshops

in American studies or American educational techniques, and

supporting chairs in American studies.

Subsec. (q). Pub. L. 89-808 redesignated subsec. (q) as (d).

Subsec. (r). Pub. L. 89-808 struck out subsec. (r) which provided

for financing ($2,500,000 fiscal year limitation) preparation,

distribution, and exhibition of audio-visual informational and

educational materials abroad without limiting or affecting use of

foreign currencies for such materials in connection with trade

fairs and other market development activities under subsec. (a) of

this section.

Subsecs. (s), (t). Pub. L. 89-808 incorporated subsecs. (s) and

(t) in subsec. (j), and struck out from former subsec. (s) ''under

such terms and conditions as the President may prescribe''.

Penultimate proviso. Pub. L. 89-808 incorporated part of

existing proviso following subsec. (t) in provisions designated as

par. (1) and inserted reference to subsec. (b).

Pub. L. 89-808 incorporated part of existing initial proviso and

second proviso following subsec. (t) in provisions designated as

par. (2), substituted references to subsecs. (f) and (g) for (d)

and (e), and struck out a third proviso restricting the

availability of foreign currencies pursuant to subsecs. (k), (p),

and (r) to such amounts as may be specified from time to time in

appropriation Acts.

Pub. L. 89-808 redesignated penultimate par. as par. (3) and

struck out ''and then only if, between the date of transmittal and

the expiration of such period there has not been passed by either

of the two Committees a resolution stating in substance that that

Committee does not favor such agreement or proposal'' after

''sessions.''.

Pub. L. 89-808 redesignated last par. as par. (4) and substituted

''after consultation with the advisory committee established under

section 1736a of this title'' for ''upon the recommendation of the

advisory committee herein established''.

Ultimate proviso. Pub. L. 89-808 inserted ultimate proviso

making pars. (2) to (4) of penultimate proviso inapplicable in the

case of any nation where the foreign currencies or credits owned by

the United States and available for use by it in such nation are

determined by the Secretary of the Treasury to be in excess of the

normal requirements of Federal departments and agencies for

expenditures in such nations for two fiscal years following fiscal

year in which such determination is made.

Concluding text. Pub. L. 89-808 inserted provisions for devotion

of excess foreign currencies to acquisition of sites, buildings,

and grounds under subsec. (b)(4) of this section, for assistance in

self-help measures, and for reports to congressional committees of

determinations of existence of excess foreign currencies with

respect to any nation, uses for such excess, and effects of such

use.

Pub. L. 89-808 struck out pars. for establishment of an advisory

committee and for consultations with such committee respecting

loan, currency convertibility, and currency reservations (in sales

agreements) policies and for establishment of higher than minimum

interest rate for dollar sales. Advisory committee provisions are

now covered in section 1736a of this title.

1965 - Subsec. (a). Pub. L. 89-106 authorized the Secretary of

Agriculture to release such amounts of the foreign currencies set

aside for the market development program as he determined not to be

needed, within a reasonable period of time, for that purpose.

1964 - Subsec. (c). Pub. L. 88-638, Sec. 1(6), inserted

''including internal security'' and struck out ''military'' before

''equipment''.

Subsec. (e). Pub. L. 88-638, Sec. 1(7), substituted ''currencies

shall also be available to the maximum usable extent'' for ''not

more than 25 per centum of the currencies received pursuant to each

such agreement shall be available''.

Subsec. (t). Pub. L. 88-638, Sec. 2, redesignated subsec. (b) of

section 612 of Pub. L. 87-195, as subsec. (t) of this section,

inserted ''For sale to United States citizens as provided herein'',

substituted ''the Foreign Assistance Act of 1961, as amended'' for

''this chapter'', and provided that except in the case of foreign

currencies acquired under this subchapter, dollars received from

the sale of foreign currencies shall be deposited to the account of

the Commodity Credit Corporation and shall be treated as a

reimbursement to such Corporation.

Pub. L. 88-638, Sec. 1(8)-(10), established an advisory

committee, specified its composition, directed it to review the

status and usage of foreign currencies accruing under this

subchapter and to make various recommendations, provided that the

committee be consulted with respect to various matters, for the

transmittal of certain proposals to congressional committees, and

that any loan under this section shall bear interest as the

President shall determine, within certain limits and taking various

matters into consideration, and inserted ''pursuant to agreements

entered into on or before December 31, 1964 and to not less than 20

per centum in the aggregate of the foreign currencies which accrue

pursuant to agreements entered into thereafter'' in first proviso.

1963 - Subsec. (t). Pub. L. 88-205 added subsec. (b) to section

612 of Pub. L. 87-195, which was designated as subsec. (t) of this

section by Pub. L. 88-638.

1962 - Subsec. (m). Pub. L. 87-839 inserted ''or section 1122b of

title 46''.

1961 - Pub. L. 87-128, Sec. 201(3)(a), inserted '', including

principal and interest from loan repayments,'' after ''foreign

currencies'', in opening provisions.

Subsec. (a). Pub. L. 87-128, Sec. 201(3)(d), inserted, in second

sentence, ''each year'' after ''made'' and ''set aside in the

amounts and kinds of foreign currencies specified by the Secretary

of Agriculture and'' after ''be'', where ''made'' and ''be'' first

appear; substituted, in third sentence, ''Provision shall be made''

for ''Particular regard shall be given to provide'' and ''the

Secretary of Agriculture determines to'' for ''may'' and inserted

''(not less than 2 per centum)'' after ''thereof''; inserted

sentence concerning conversion of monies into foreign currencies

and deposit in special Treasury account; and substituted, in last

sentence, ''the Secretary of Agriculture is authorized and directed

to enter into agreements'' for ''agreements may be entered into''.

Subsec. (e). Pub. L. 87-195 substituted ''procedures established

by such agency as the President shall direct for loans mutually

agreeable to said agency'' for ''procedures established by the

Export-Import Bank for loans mutually agreeable to said bank''.

Subsec. (s). Pub. L. 87-128, Sec. 201(3)(c), added subsec. (s).

Pub. L. 87-128, Sec. 201(3)(b), substituted in final proviso

''pursuant to'' for ''for the purpose of subsection (p) of this

section, except in such amounts as may be specified from time to

time in appropriation Acts, and no foreign currencies shall be

allocated under any provision of this chapter after June 30, 1960,

for the purposes specified in''.

1959 - Subsec. (a). Pub. L. 86-341, Sec. 4, provided that from

sale proceeds and loan repayments under this subchapter not less

than the equivalent of 5 per centum of the total sales made under

this subchapter after September 21, 1959, shall be made available

in advance for use as provided by this subsection over such period

of years as the Secretary of Agriculture determines will most

effectively carry out the purposes of this subsection, prohibited

the allocation of such funds after June 30, 1960, except as may be

specified in appropriation acts, required particular regard to be

given for provisions in sale and loan agreements for the

convertibility of such amount of the proceeds thereof as may be

needed to carry out the purpose of this subsection in those

countries which are or offer reasonable potential of becoming

dollar markets for United States agricultural commodities, and

permitted the entering into agreements for the sale of surplus

agricultural commodities in such amounts as the Secretary of

Agriculture determines to be adequate and for the use of the

proceeds to carry out the purpose of this subsection in cases where

sufficient foreign currencies for carrying out the purpose of this

subsection in such countries are not otherwise available.

Subsec. (b). Pub. L. 86-341, Sec. 5, among other changes,

substituted ''strategic or other materials'' for ''strategic and

critical materials'' in two places, limited purchases or contracts

to purchase to such amounts as may be specified from time to time

in appropriation acts, and eliminated provisions which authorized

contracts, including advance payment contracts, for supply

extending over periods up to ten years, and which permitted the

strategic and critical materials acquired under authority of this

subchapter to be additional to the amounts acquired under authority

of the Strategic and Critical Materials Stockpile Act.

Subsec. (k). Pub. L. 86-341, Sec. 6, authorized the use of

foreign currencies to promote and support programs of medical and

scientific research, cultural and educational development, health,

nutrition, and sanitation.

Pub. L. 86-108 substituted ''conduct research and support'' for

''conduct and support'', and '': Provided, That foreign currencies

shall be available for the purposes of this subsection (in addition

to funds otherwise made available for such purposes) only in such

amounts as may be specified from time to time in appropriation

Acts;'' for '', but no foreign currencies shall be used for the

purposes of this subsection unless specific appropriations be made

therefor;''.

Subsec. (o). Pub. L. 86-341, Sec. 7, struck out provisions which

permitted the use of foreign currencies in the supporting of

workshops in American studies or American educational techniques,

and supporting chairs in American studies. See subsec. (p) of this

section.

Subsecs. (p) to (r). Pub. L. 86-341, Sec. 8, added subsecs. (p)

to (r).

Pub. L. 86-341, Sec. 9, inserted proviso in closing provisions

limiting availability of foreign currencies for the purpose of

subsec. (p) of this section to such amounts as may be specified

from time to time in appropriation Acts, and prohibiting allocation

of foreign currencies after June 30, 1960, for the purposes

specified in subsections (k), (p), and (r) of this section to such

amounts as may be specified from time to time in appropriation

Acts.

1958 - Subsec. (h). Pub. L. 85-931, Sec. 3(a), authorized use of

foreign currencies to finance programs for interchange of persons

between United States and foreign countries.

Subsec. (k). Pub. L. 85-477 added subsec. (k).

Subsecs. (l) to (o). Pub. L. 85-931, Sec. 3(b), added subsecs.

(l) to (o).

1957 - Subsec. (e). Pub. L. 85-128 provided that not more than 25

percent of the currencies received pursuant to each agreement be

available through the Export-Import Bank for loans mutually

agreeable to said bank and the country with which the agreement is

made for business development in such countries and for loans to

domestic or foreign firms for facilities to aid markets for United

States agricultural products, provided no such loans be made for

the manufacture of products to be exported to United States in

competition with United States products or for manufacture or

production of any commodity to be marketed in competition with

United States agricultural commodities or products thereof, and

that foreign currencies may be accepted in repayment of such loans.

Subsec. (h). Pub. L. 85-141, Sec. 11(b)(2), added section 544(c)

to act Aug. 26, 1954, which section inserted provisions in this

subsection authorizing the setting aside of amounts from sale

proceeds and loan repayments.

1956 - Subsec. (h). Act July 18, 1956, added section 544(h) to

act Aug. 26, 1954, which section inserted provisions in this

section relating to allocation of funds and to the special and

particular effort to be made to provide for the purposes of this

subsection.

Subsec. (i). Act Aug. 26, 1954, Sec. 544(i), as added by act July

18, 1956, added subsec. (i).

Subsec. (j). Act Aug. 3, 1956, added subsec. (j).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

REPEALS

Section 704 of Pub. L. 87-195, cited as a credit to this section,

was repealed by section 401 of Pub. L. 87-565, pt. IV, Aug. 1,

1962, 76 Stat. 263, except insofar as section 704 affected this

section.

Pub. L. 85-477, ch. IV, Sec. 401(h), June 30, 1958, 72 Stat.

270, repealed section 544(c) of act Aug. 26, 1954, cited as a

credit to this section, except insofar as such section 544(c)

affected this section.

Pub. L. 85-141, Sec. 11(b)(1), repealed section 544(h), (i) of

act Aug. 26, 1954, cited as a credit to this section, except

insofar as such section 544(h), (i) affected this section.

PAYMENT FROM FOREIGN CURRENCIES FOR FAMILY HOUSING PROJECTS OR

COMMUNITY FACILITIES CONSTRUCTED OR ACQUIRED BY DEPARTMENT OF

DEFENSE

Section 509 of Pub. L. 86-500, title V, June 8, 1960, 74 Stat.

186, provided that: ''Notwithstanding the provisions of any other

law, at least 75 per centum of the total cost of any family housing

project or community facility hereafter constructed or acquired in

any foreign country by the Department of Defense or any military

department shall be paid for from foreign currencies acquired by

the Commodity Credit Corporation pursuant to the provisions of the

Agricultural Trade Development and Assistance Act of 1954 (this

chapter); except that the following projects authorized pursuant to

this Act shall not be subject to this requirement:

''Air Force activities, Japan, one hundred fifty units;

''Cigli Air Base, Turkey, community facilities;

''Clark Air Force Base, Philippine Islands, one hundred units;

''Iraklion Air Station, Crete, community facilities;

''Kirknewton RAF, United Kingdom, fifty units;

''Naval Air Station, Naha, Okinawa, two hundred; and

''Site I-5, Italy, one hundred units and community facilities.''

LIMITATION ON USE OF FOREIGN CURRENCIES FOR PARTICIPATION IN TRADE,

AGRICULTURAL AND HORTICULTURAL FAIRS

Pub. L. 86-30, title I, Sec. 101, May 20, 1959, 73 Stat. 35,

provided that: ''Subject to allocation in such manner as may now or

hereafter be prescribed by the President, foreign currencies which

have accrued under title I of the Agricultural Trade Development

and Assistance Act of 1954, as amended (7 U.S.C. 1704) (this

section) may be used without fiscal year limitation for the

purposes of section 104(m) of that Act (former subsec. (m) of this

section), including administrative expenses directly related

thereto, in an amount not to exceed the equivalent of $1,275,000.''

INTERNATIONAL COOPERATION IN HEALTH RESEARCH, RESEARCH TRAINING,

AND RESEARCH PLANNING

Use of foreign currencies accruing under this subchapter to carry

out purposes of International Health Research Act of 1960, see

section 2103 of Title 22, Foreign Relations and Intercourse.

USE OF FOREIGN CURRENCIES

Foreign currencies accruing to United States under this

subchapter may be used for purposes set forth in this section, see

Ex. Ord. No. 12752, Sec. 2(b)(1), (2), Feb. 25, 1991, 56 F.R. 8255,

set out as a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1703, 1856 of this title;

title 50 section 98c.

-CITE-

7 USC Sec. 1704a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1704a. Agreements for use of foreign currencies; reports to

Congress

-STATUTE-

Within sixty days after any agreement is entered into for the use

of any foreign currencies, a full report thereon shall be made to

the Senate and the House of Representatives of the United States

and to the Committees on Agriculture and Appropriations thereof.

-SOURCE-

(Pub. L. 85-128, Sec. 1(5), Aug. 13, 1957, 71 Stat. 345.)

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Trade

Development and Assistance Act of 1954 which comprises this

chapter.

-MISC3-

TRANSMISSION OF REPORTS

For provisions requiring Secretary of Agriculture and

Administrator of Agency for International Development to transmit

reports required by this section as related to use of foreign

currencies accruing under subchapters II and III-A of this chapter,

see section 2(b)(3) of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R.

8255, set out as a note under section 1691 of this title.

-CITE-

7 USC Sec. 1704b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1704b. Repealed. Pub. L. 97-214, Sec. 7(4), July 12, 1982, 96

Stat. 173

-MISC1-

Section, Pub. L. 86-149, title IV, Sec. 420, Aug. 10, 1959, 73

Stat. 324, related to utilization of foreign currencies for

construction of military projects and reimbursement of Commodity

Credit Corporation.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing before, on, or after such date, see section

12(a) of Pub. L. 97-214, set out as an Effective Date note under

section 2801 of Title 10, Armed Forces.

-CITE-

7 USC Sec. 1704c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1704c. Payments by Secretary of Defense in liquidation of

amount due for foreign currencies

-STATUTE-

The Secretary of Defense shall pay to the Commodity Credit

Corporation an amount not to exceed $6,000,000 per year until the

amount due for foreign currencies used for housing constructed or

acquired under title II of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1721-1726) has been liquidated.

-SOURCE-

(Pub. L. 97-214, Sec. 9(a), July 12, 1982, 96 Stat. 174.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1721-1726), referred to in text, is act July 10, 1954, ch.

469, 68 Stat. 457, as amended. Title II of the Agricultural Trade

Development and Assistance Act is classified generally to

subchapter III (Sec. 1721 et seq.) of chapter 41 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 1691 of this title and Tables.

-COD-

CODIFICATION

Section consists of section 9(a) of Pub. L. 97-214. Section 9(b)

of Pub. L. 97-214 is classified as a note set out under section

1594k of Title 42, The Public Health and Welfare. Section was

enacted as part of the Military Construction Codification Act, and

not as part of the Agricultural Trade and Assistance Act of 1954

which comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing before, on or after such date, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

Title 10, Armed Forces.

-CITE-

7 USC Sec. 1705, 1706 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1705, 1706. Repealed. Pub. L. 104-127, title II, Sec. 206,

265(a), Apr. 4, 1996, 110 Stat. 953, 974

-MISC1-

Section 1705, acts July 10, 1954, ch. 469, title I, Sec. 105, 68

Stat. 457; Dec. 16, 1963, Pub. L. 88-205, pt. IV, Sec. 403(b), 77

Stat. 390; Nov. 11, 1966, Pub. L. 89-808, Sec. 2(B), 80 Stat. 1532;

Dec. 23, 1985, Pub. L. 99-198, title XI, Sec. 1111(e), 99 Stat.

1475; Nov. 28, 1990, Pub. L. 101-624, title XV, Sec. 1512, 104

Stat. 3636, set out congressional declaration of policy with regard

to value-added foods.

Section 1706, Pub. L. 101-624, title XV, Sec. 1517, Nov. 28,

1990, 104 Stat. 3664, related to debt-for-health-and-protection

swap.

A prior section 1706, acts July 10, 1954, ch. 469, title I, Sec.

106, 68 Stat. 457; Aug. 12, 1955, ch. 873, Sec. 2, 69 Stat. 721;

Aug. 8, 1961, Pub. L. 87-128, title II, Sec. 201(4), 75 Stat. 307;

Dec. 16, 1963, Pub. L. 88-205, pt. IV, Sec. 403 (c)(1), 77 Stat.

390; Nov. 11, 1966, Pub. L. 89-808, Sec. 2(B), 80 Stat. 1532; Dec.

20, 1975, Pub. L. 94-161, title II, Sec. 205, 89 Stat. 852; Aug. 3,

1977, Pub. L. 95-88, title II, Sec. 211(b)(2), 91 Stat. 551; Oct.

6, 1978, Pub. L. 95-424, title I, Sec. 102(b)(2)(C), 92 Stat. 941;

Dec. 29, 1981, Pub. L. 97-113, title IV, Sec. 401(6), 95 Stat.

1537; Dec. 23, 1985, Pub. L. 99-198, title XI, Sec. 1111(f), (g),

99 Stat. 1475, related to payments for commodities and use of

proceeds prior to the general revision of this chapter by Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3633.

-CITE-

7 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1707. Omitted

-COD-

CODIFICATION

Section, acts July 10, 1954, ch. 469, title I, Sec. 107, 68 Stat.

457; Oct. 8, 1964, Pub. L. 88-638, Sec. 1(11), 78 Stat. 1036; Sept.

6, 1965, Pub. L. 89-171, pt. III, Sec. 401, 79 Stat. 662; Nov. 11,

1966, Pub. L. 89-808, Sec. 2(B), 80 Stat. 1532, relating to policy

of encouraging overseas sales of commodities, was omitted in the

general revision of this chapter by Pub. L. 101-624, title XV, Sec.

1512, Nov. 28, 1990, 104 Stat. 3633.

-CITE-

7 USC Sec. 1707a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1707a. Repealed. Pub. L. 101-624, title XV, Sec. 1574, Nov.

28, 1990, 104 Stat. 3702

-MISC1-

Section, Pub. L. 89-808, Sec. 4, Nov. 11, 1966, 80 Stat. 1538;

Pub. L. 95-501, title I, Sec. 101, Oct. 21, 1978, 92 Stat. 1685;

Pub. L. 97-98, title XII, Sec. 1201, Dec. 22, 1981, 95 Stat. 1274;

Pub. L. 98-623, title IV, Sec. 405(c), Nov. 8, 1984, 98 Stat. 3409;

Pub. L. 99-198, title XI, Sec. 1130, 1131, Dec. 23, 1985, 99 Stat.

1486; Pub. L. 100-418, title IV, Sec. 4402(b), Aug. 23, 1988, 102

Stat. 1400, provided for an export credit sales program. See

section 5621 et seq. of this title.

-CITE-

7 USC Sec. 1707b to 1707d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1707b to 1707d. Omitted

-COD-

CODIFICATION

Sections were omitted as part of the complete revision of the

Agricultural Trade Act of 1978 (Pub. L. 95-501) by Pub. L. 101-624,

title XV, Sec. 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87

(Sec. 5601 et seq.) of this title.

Section 1707b, Pub. L. 95-501, title II, Sec. 201, Oct. 21, 1978,

92 Stat. 1686, provided for a program of deferred payment sales of

agricultural commodities.

Section 1707c, Pub. L. 95-501, title II, Sec. 202, Oct. 21, 1978,

92 Stat. 1687, provided for a program of credit sales to People's

Republic of China.

Section 1707d, Pub. L. 95-501, title II, Sec. 203, Oct. 21, 1978,

92 Stat. 1687, defined ''agricultural commodity''.

-CITE-

7 USC Sec. 1708 to 1715 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE

-HEAD-

Sec. 1708 to 1715. Omitted

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3633.

Section 1708, act July 10, 1954, ch. 469, title I, Sec. 108, as

added Dec. 23, 1985, Pub. L. 99-198, title XI, Sec. 1111(h), 99

Stat. 1476; amended Aug. 23, 1988, Pub. L. 100-418, title II, Sec.

2309, 102 Stat. 1346, related to agreements with financial

intermediaries in developing countries for purchase of commodities.

A prior section 1708, acts July 10, 1954, ch. 469, title I, Sec.

108, 68 Stat. 457; Oct. 8, 1964, Pub. L. 88-638, Sec. 1(12), 78

Stat. 1037; Nov. 11, 1966, Pub. L. 89-808, Sec. 2(B), 80 Stat.

1533, which authorized Commodity Credit Corporation to finance

ocean freight charges pursuant to agreements for sales of

agricultural commodities for foreign currencies, was repealed by

Pub. L. 97-113, title IV, Sec. 401(7), Dec. 29, 1981, 95 Stat.

1537.

Section 1709, acts July 10, 1954, ch. 469, title I, Sec. 109, 68

Stat. 457; Aug. 13, 1957, Pub. L. 85-128, Sec. 1(1), 71 Stat. 345;

Sept. 6, 1958, Pub. L. 85-931, Sec. 4, 72 Stat. 1791; Sept. 21,

1959, Pub. L. 86-341, title I, Sec. 1, 73 Stat. 606; Aug. 8, 1961,

Pub. L. 87-128, title II, Sec. 201(5), 75 Stat. 307; Oct. 8, 1964,

Pub. L. 88-638, Sec. 1(15), 78 Stat. 1037; Nov. 11, 1966, Pub. L.

89-808, Sec. 2(B), 80 Stat. 1533; July 29, 1968, Pub. L. 90-436,

Sec. 2(b), 82 Stat. 450; Dec. 20, 1975, Pub. L. 94-161, title II,

Sec. 206, 89 Stat. 853; Dec. 22, 1981, Pub. L. 97-98, title XII,

Sec. 1210, 95 Stat. 1281; Dec. 29, 1981, Pub. L. 97-113, title IV,

Sec. 401(8), 95 Stat. 1537; Dec. 23, 1985, Pub. L. 99-198, title

XI, Sec. 1112(a)(1), 99 Stat. 1478; Dec. 22, 1987, Pub. L. 100-202,

Sec. 10, 101 Stat. 1329-448, related to self-help measures

developing countries should take before entering into agreements

for purchases of commodities.

Section 1710, act July 10, 1954, ch. 469, title I, Sec. 110, as

added Nov. 11, 1966, Pub. L. 89-808, Sec. 2(B), 80 Stat. 1534,

limited agreements under this subchapter so that they would not

call for appropriations of more than $1,900,000,000 for any

calendar year.

Section 1711, act July 10, 1954, ch. 469, title I, Sec. 111, as

added Dec. 20, 1975, Pub. L. 94-161, title II, Sec. 207, 89 Stat.

853; amended Aug. 3, 1977, Pub. L. 95-88, title II, Sec. 202, 91

Stat. 545, restricted 75% of food aid under this subchapter to

countries meeting International Development Association poverty

criterion.

Section 1712, act July 10, 1954, ch. 469, title I, Sec. 112, as

added Aug. 3, 1977, Pub. L. 95-88, title II, Sec. 203, 91 Stat.

545; amended H. Res. 89, Feb. 5, 1979; Dec. 16, 1980, Pub. L.

96-533, title VII, Sec. 701(c), 94 Stat. 3156, prohibited financing

of commodity sales to foreign governments engaging in gross

violations of human rights.

Section 1713, act July 10, 1954, ch. 469, title I, Sec. 113, as

added Aug. 3, 1977, Pub. L. 95-88, title II, Sec. 204, 91 Stat.

546, required priority to be given to financing sales of food and

fiber commodities.

Section 1714, act July 10, 1954, ch. 469, title I, Sec. 114, as

added Aug. 3, 1977, Pub. L. 95-88, title II, Sec. 205, 91 Stat.

546, related to provision of high protein, blended and fortified

foods to developing countries, and waiver of repayments.

Section 1715, act July 10, 1954, ch. 469, title I, Sec. 115, as

added Sept. 29, 1977, Pub. L. 95-113, title XII, Sec. 1202, 91

Stat. 955; amended H. Res. 89, Feb. 5, 1979; Dec. 22, 1981, Pub. L.

97-98, title XII, Sec. 1211, 95 Stat. 1281, related to commodity

sale procedures.

-CITE-

7 USC SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE

PROGRAMS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

.

-HEAD-

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1431, 1704c, 1731,

1732, 1733, 1734, 1736, 1736a, 1736f, 1736f-1, 1743 of this title;

title 10 section 2681; title 46 App. sections 1241f, 1241u.

-CITE-

7 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1721. General authority

-STATUTE-

The President shall establish a program under this subchapter to

provide agricultural commodities to foreign countries on behalf of

the people of the United States to -

(1) address famine or other urgent or extraordinary relief

requirements;

(2) combat malnutrition, especially in children and mothers;

(3) carry out activities that attempt to alleviate the causes

of hunger, mortality and morbidity;

(4) promote economic and community development;

(5) promote sound environmental practices; and

(6) carry out feeding programs.

Such program shall be implemented by the Administrator.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 201, 68 Stat. 457; May 28,

1956, ch. 327, title II, Sec. 208(b), 70 Stat. 201; Aug. 3, 1956,

ch. 933, Sec. 4, 70 Stat. 988; Pub. L. 89-808, Sec. 2(C), Nov. 11,

1966, 80 Stat. 1534; Pub. L. 94-161, title II, Sec. 208, Dec. 20,

1975, 89 Stat. 853; Pub. L. 95-88, title II, Sec. 206, Aug. 3,

1977, 91 Stat. 547; Pub. L. 97-113, title IV, Sec. 404, Dec. 29,

1981, 95 Stat. 1538; Pub. L. 99-83, title X, Sec. 1002, Aug. 8,

1985, 99 Stat. 270; Pub. L. 99-198, title XI, Sec. 1102, 1103, Dec.

23, 1985, 99 Stat. 1465; Pub. L. 101-624, title XV, Sec. 1512, Nov.

28, 1990, 104 Stat. 3636.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions requiring President to furnish

commodities to meet famine, combat malnutrition, promote economic

development in friendly countries, and for needy persons and school

lunch and preschool feeding programs, setting minimum quantity for

distribution, requiring use of certain distribution networks,

requiring President to consider benefits of distributing processed

and protein-fortified foods, nutritional needs of recipients, cost

effectiveness of particular commodities, and purposes of this

subchapter, requiring that 75 percent of commodities distributed be

in form of processed or fortified products or bagged commodities,

and authorizing waiver of such 75 percent requirement.

1985 - Subsec. (b). Pub. L. 99-198, Sec. 1102, amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''The minimum quantity of agricultural commodities distributed

under this subchapter -

''(1) for fiscal years 1978 through 1980 shall be 1,600,000

metric tons, of which not less than 1,300,000 metric tons shall

be distributed through nonprofit voluntary agencies and the World

Food Program;

''(2) for fiscal year 1981 shall be 1,650,000 metric tons, of

which not less than 1,350,000 metric tons shall be distributed

through nonprofit voluntary agencies and the World Food Program;

and

''(3) for fiscal year 1982 and each fiscal year thereafter

shall be 1,700,000 metric tons, of which not less than 1,200,000

metric tons for nonemergency programs shall be distributed

through nonprofit voluntary agencies and the World Food Program,

except that for fiscal year 1986 the minimum quantity distributed

shall be 1,800,000 metric tons, of which not less than 1,300,000

metric tons for nonemergency programs shall be distributed

through nonprofit voluntary agencies and the World Food Program,

and for fiscal year 1987 the minimum quantity distributed shall

be 1,900,000 metric tons, of which not less than 1,425,000 metric

tons for nonemergency programs shall be distributed through

nonprofit voluntary agencies and the World Food Program;

unless the President determines and reports to the Congress,

together with his reasons, that such quantity cannot be used

effectively to carry out the purposes of this subchapter: Provided,

That such minimum quantity shall not exceed the total quantity of

commodities determined to be available for disposition under this

chapter pursuant to section 1731 of this title, less the quantity

of commodities required to meet famine or other urgent or

extraordinary relief requirements.''

Pub. L. 99-83 inserted provisions relating to minimum quantities

for fiscal years 1986 and 1987.

Subsec. (c). Pub. L. 99-198, Sec. 1103, added subsec. (c).

1981 - Subsec. (b)(3). Pub. L. 97-113 substituted ''1,200,000

metric tons for nonemergency programs'' for ''1,400,000 metric

tons''.

1977 - Subsec. (b). Pub. L. 95-88 substituted provisions

increasing and setting specific minimums for commodities to be

distributed for fiscal years 1978 through 1980, for 1981, and for

fiscal year 1982 and each fiscal year thereafter, for provisions

which had set a fixed minimum of 1,300,000 tons of agricultural

commodities each fiscal year, of which the minimum to be

distributed through nonprofit voluntary agencies and the World Food

Program was 1,000,000 tons each fiscal year.

1975 - Pub. L. 94-161 designated existing provisions as subsec.

(a) and added subsec. (b).

1966 - Pub. L. 89-808 expanded scope of assistance to include

emergency relief without regard to recipient being a friendly

people, combating malnutrition in children, promotion of economic

and community development in friendly developing areas, and for

nonprofit school lunch and preschool feeding programs outside the

United States and to be furnished from available commodities rather

than surplus agricultural commodities.

1956 - Act Aug. 3, 1956, inserted ''or extraordinary'' after

''urgent'' wherever appearing.

Act May 28, 1956, struck out ''f.o.b. vessels in United States

ports,'' before ''as he may request''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

NONEMERGENCY FOOD ASSISTANCE PROGRAMS

Pub. L. 105-385, title II, Sec. 201, Nov. 13, 1998, 112 Stat.

3465, provided that:

''(a) In General. - In providing nonemergency assistance under

title II of the Agricultural Trade Development and Assistance Act

of 1954 (7 U.S.C. 1721 et seq.), the Administrator of the United

States Agency for International Development shall ensure that -

''(1) in planning, decisionmaking, and implementation in

providing such assistance, the Administrator takes into

consideration local input and participation directly and through

United States and indigenous private and voluntary organizations;

''(2) each of the nonemergency activities described in

paragraphs (2) through (6) of section 201 of such Act (7 U.S.C.

1721), including programs that provide assistance to people of

any age group who are otherwise unable to meet their basic food

needs (including feeding programs for the disabled, orphaned,

elderly, sick and dying), are carried out; and

''(3) greater flexibility is provided for program and

evaluation plans so that such assistance may be developed to meet

local needs, as provided for in section 202(f) of such Act (7

U.S.C. 1722(f)).

''(b) Other Requirements. - In providing assistance under the

Agriculture Trade Development and Assistance Act of 1954 (7 U.S.C.

1691 et seq.), the Secretary of Agriculture and the Administrator

of United States Agency for International Development shall ensure

that commodities are provided in a manner that is consistent with

sections 403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)).''

AUTHORIZATION FOR COMMODITY CREDIT CORPORATION TO PURCHASE AND

DONATE FLOUR AND CORNMEAL

Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635, as authorizing

Commodity Credit Corporation to purchase and donate flour and

cornmeal when it has wheat or corn available for donation pursuant

to this subchapter, see note set out under section 1431 of this

title.

IMPLEMENTATION OF PROGRAM

Program under this subchapter to provide for donation of

agricultural commodities to foreign countries to be implemented by

Administrator of the Agency for International Development, see Ex.

Ord. No. 12752, Sec. 1(b), Feb. 25, 1991, 56 F.R. 8255, set out as

a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1722 of this title.

-CITE-

7 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1722. Provision of agricultural commodities

-STATUTE-

(a) Emergency assistance

Notwithstanding any other provision of law, the Administrator may

provide agricultural commodities to meet emergency food needs under

this subchapter through governments and public or private agencies,

including intergovernmental organizations such as the World Food

Program and other multilateral organizations, in such manner and on

such terms and conditions as the Administrator determines

appropriate to respond to the emergency.

(b) Nonemergency assistance

(1) In general

The Administrator may provide agricultural commodities for

nonemergency assistance under this subchapter through eligible

organizations (as described in subsection (d) of this section)

that have entered into an agreement with the Administrator to use

the commodities in accordance with this subchapter.

(2) Limitation

The Administrator may not deny a request for funds submitted

under this subsection because the program for which the funds are

requested -

(A) would be carried out by the eligible organization in a

foreign country in which the Agency for International

Development does not have a mission, office, or other presence;

or

(B) is not part of a development plan for the country

prepared by the Agency.

(3) Program diversity

The Administrator shall -

(A) encourage eligible organizations to propose and implement

program plans to address 1 or more aspects of the program under

section 1721 of this title; and

(B) consider proposals that incorporate a variety of program

objectives and strategic plans based on the identification by

eligible organizations of appropriate activities, consistent

with section 1721 of this title, to assist development of

foreign countries.

(c) Uses of assistance

Agricultural commodities provided under this subchapter may be

made available for direct distribution, sale, barter, or other

appropriate disposition.

(d) Eligible organizations

To be eligible to receive assistance under subsection (b) of this

section an organization shall be -

(1) a private voluntary organization or cooperative that is, to

the extent practicable, registered with the Administrator; or

(2) an intergovernmental organization, such as the World Food

Program.

(e) Support for eligible organizations

(1) In general

Of the funds made available in each fiscal year under this

subchapter to the Administrator, not less than 5 percent nor more

than 10 percent of the funds shall be made available in each

fiscal year to eligible organizations described in subsection (d)

of this section, to assist the organizations in -

(A) establishing new programs under this subchapter; and

(B) meeting specific administrative, management, personnel

and internal transportation and distribution costs for carrying

out programs in foreign countries under this subchapter.

(2) Request for funds

To receive funds made available under paragraph (1), an

eligible organization described in subsection (d) of this section

shall submit a request for the funds that is subject to approval

by the Administrator.

(3) Assistance with respect to sale

Upon the request of an eligible organization, the Administrator

may provide assistance to the eligible organization with respect

to the sale of agricultural commodities made available to it

under this subchapter.

(f) Effective use of commodities

To ensure that agricultural commodities made available under this

subchapter are used effectively and in the areas of greatest need,

organizations or cooperatives through which such commodities are

distributed shall -

(1) to the extent feasible, work with indigenous institutions

and employ indigenous workers;

(2) assess and take into account nutritional and other needs of

beneficiary groups;

(3) help such beneficiary groups design and carry out mutually

acceptable projects;

(4) recommend to the Administrator methods of making assistance

available that are the most appropriate for each local setting;

(5) supervise the distribution of commodities provided and the

implementation of programs carried out under this subchapter; and

(6) periodically evaluate the effectiveness of projects

undertaken under this subchapter.

(g) Labeling

Commodities provided under this subchapter shall, to the extent

practicable, be clearly identified with appropriate markings on the

package or container of such commodity in the language of the

locality in which such commodities are distributed, as being

furnished by the people of the United States of America.

(h) Streamlined program management

(1) Improvements

Not later than 1 year after May 13, 2002, the Administrator

shall -

(A) streamline program procedures and guidelines under this

subchapter for agreements with eligible organizations for

programs in 1 or more countries; and

(B) effective beginning with fiscal year 2004, to the maximum

extent practicable, incorporate the changes into the procedures

and guidelines for programs and the guidelines for resource

requests.

(2) Streamlined procedures and guidelines

In carrying out paragraph (1), the Administrator shall make

improvements in the Office of Food for Peace management systems

that include -

(A) expedition of and greater consistency in the program

review and approval process under this subchapter;

(B) streamlining of information collection and reporting

systems by identifying the critical information that needs to

be monitored and reported on by eligible organizations; and

(C) for approved programs, provision of greater flexibility

for an eligible organization to make modifications in program

activities to achieve program results with streamlined

procedures for reporting such modifications.

(3) Consultation

(A) In general

Paragraphs (1) and (2) shall be carried out in accordance

with section 1725 of this title and subsections (b) and (c) of

section 1726a of this title.

(B) Consultation with congressional committees

Not later than 180 days after May 13, 2002, the Administrator

shall consult with the Committee on Agriculture and the

Committee on International Relations of the House of

Representatives and the Committee on Agriculture, Nutrition,

and Forestry of the Senate on progress made in carrying out

this subsection.

(4) Report

Not later than 270 days after May 13, 2002, the Administrator

shall submit to the Committee on Agriculture and the Committee on

International Relations of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate a

report on the improvements made and planned upgrades in the

information management, procurement, and financial management

systems to administer this subchapter.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 202, 68 Stat. 458; Pub. L.

86-472, ch. VI, Sec. 601 (a)(1), May 14, 1960, 74 Stat. 140; Pub.

L. 88-205, pt. IV, Sec. 403(d), Dec. 16, 1963, 77 Stat. 390; Pub.

L. 89-808, Sec. 2(C), Nov. 11, 1966, 80 Stat. 1534; Pub. L. 95-88,

title II, Sec. 207, 208(a), Aug. 3, 1977, 91 Stat. 547; Pub. L.

96-53, title I, Sec. 121, title II, Sec. 202, Aug. 14, 1979, 93

Stat. 366, 368; Pub. L. 99-83, title X, Sec. 1003, 1004(a), 1005,

Aug. 8, 1985, 99 Stat. 270, 271; Pub. L. 100-202, Sec. 11, Dec. 22,

1987, 101 Stat. 1329-448; Pub. L. 101-508, title I, Sec.

1204(b)(1), Nov. 5, 1990, 104 Stat. 1388-11; Pub. L. 101-624, title

XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3636; Pub. L. 104-127,

title II, Sec. 207(a), Apr. 4, 1996, 110 Stat. 953; Pub. L.

107-171, title III, Sec. 3002, May 13, 2002, 116 Stat. 280.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-171, Sec. 3002(1), added par.

(3).

Subsec. (e)(1). Pub. L. 107-171, Sec. 3002(2), substituted ''not

less than 5 percent nor more than 10 percent of the funds'' for

''not less than $10,000,000, and not more than $28,000,000,''.

Subsec. (h). Pub. L. 107-171, Sec. 3002(3), added subsec. (h).

1996 - Subsec. (b). Pub. L. 104-127, Sec. 207(a)(1), added

subsec. (b) and struck out heading and text of former subsec. (b).

Text read as follows: ''The Administrator may provide agricultural

commodities for non-emergency assistance under this subchapter

through eligible organizations (as described in subsection (d) of

this section) that have entered into an agreement with the

Administrator to use such commodities in accordance with this

subchapter.''

Subsec. (e). Pub. L. 104-127, Sec. 207(a)(2)(A), substituted

''eligible organizations'' for ''private voluntary organizations

and cooperatives'' in heading.

Subsec. (e)(1). Pub. L. 104-127, Sec. 207(a)(2)(B), in

introductory provisions, substituted ''$28,000,000'' for

''$13,500,000'' and ''eligible organizations described in

subsection (d) of this section, to assist the organizations'' for

''private voluntary organizations and cooperatives to assist such

organizations and cooperatives''.

Subsec. (e)(2). Pub. L. 104-127, Sec. 207(a)(2)(C), added par.

(2) and struck out heading and text of former par. (2). Text read

as follows: ''In order to receive funds made available under

paragraph (1), a private voluntary organization or cooperative must

submit a request for such funds (which must be approved by the

Administrator) when submitting a proposal to the Administrator for

an agreement under this subchapter. Such request for funds shall

include a specific explanation of -

''(A) the program costs to be offset by such funds;

''(B) the reason why such funds are needed in carrying out the

particular assistance program; and

''(C) the degree to which such funds will improve the provision

of food assistance to foreign countries (particularly those in

sub-Saharan Africa suffering from acute, long-term food

shortages).''

Subsec. (e)(3). Pub. L. 104-127, Sec. 207(a)(2)(D), substituted

''an eligible organization, the Administrator may provide

assistance to the eligible organization'' for ''a private voluntary

organization or cooperative, the Administrator may provide

assistance to that organization or cooperative''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to furnishing

commodities through friendly governments, agencies, and

organizations, assistance for community and other self-help

activities, and multiyear agreements for distribution of

commodities through nonprofit voluntary agencies and cooperatives.

Subsec. (e)(1). Pub. L. 101-508, in introductory provisions,

substituted ''the Administrator, not less than $10,000,000, and not

more than $13,500,000, shall be made available in each fiscal year

to private voluntary organizations and cooperatives'' for ''private

voluntary organizations and cooperatives, not less than $10,000,000

and not more than $13,500,000 shall be made available by the

Administrator''.

1987 - Subsec. (a). Pub. L. 100-202 inserted ''or cooperatives''

after ''voluntary agencies''.

1985 - Subsec. (a). Pub. L. 99-83, Sec. 1003, inserted provisions

relating to appropriate disposition under section 1721 of this

title.

Subsec. (b)(4). Pub. L. 99-83, Sec. 1004(a), added par. (4).

Subsec. (c). Pub. L. 99-83, Sec. 1005, added subsec. (c).

1979 - Subsec. (a). Pub. L. 96-53, Sec. 121, substituted ''Agency

for International Development'' for ''Advisory Committee on

Voluntary Foreign Aid'', and ''Advisory Committee'' wherever

appearing.

Subsec. (b)(2). Pub. L. 96-53, Sec. 202, substituted provisions

relating to encouragement of entities distributing commodities to

work with indigenous institutions and to employ indigenous workers,

for provisions relating to employment of indigenous workers.

1977 - Subsec. (a). Pub. L. 95-88, Sec. 207(1), (2), 208(a),

designated existing provisions as subsec. (a), struck out

requirement that assistance to needy persons, insofar as

practicable, be directed toward community and other self-help

activities designed to alleviate the causes of the need for such

assistance, and inserted provisions authorizing the President to

utilize a foreign nonprofit voluntary agency which is registered

with and approved by the Advisory Committee on Voluntary Foreign

Aid if no United States nonprofit voluntary agency registered with

and approved by the Advisory Committee is available.

Subsec. (b). Pub. L. 95-88, Sec. 207(3), added subsec. (b).

1966 - Pub. L. 89-808 substituted provisions for furnishing

commodities for prescribed purposes through use of friendly

governments, agencies, and organizations, using to extent

practicable registered and approved nonprofit voluntary agencies,

identification of source of commodities, determination by the

President of the manner and terms and conditions of furnishing the

commodities and for directions of the assistance toward community

and self-help activities for former provisions for transfer of

commodities on a grant bases to assist the prescribed programs.

1963 - Pub. L. 88-205 substituted ''economic and community

development'' for ''economic developments''.

1960 - Pub. L. 86-472 substituted ''In order to facilitate the

utilization of surplus agricultural commodities in meeting the

requirements of needy peoples, and in order to promote economic

development in underdeveloped areas in addition to that which can

be accomplished under sections 1701 to 1704 and 1705 to 1709 of

this title, the'' for ''The''.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

REGISTRATION OF FOREIGN NONPROFIT VOLUNTARY AGENCIES

Section 208(b) of Pub. L. 95-88 provided that: ''For purposes of

implementing the amendment made by subsection (a) (providing for

the utilization by the President of foreign nonprofit voluntary

agencies), the President shall issue regulations governing

registration with an approval by the Advisory Committee on

Voluntary Foreign Aid of foreign nonprofit voluntary agencies.''

CONTINUATION OF AUTHORITY

Section 601(a)(2) of Pub. L. 86-472, which provided that the

amendment of this section by section 601(a)(1) shall expire June

30, 1961, was repealed by Pub. L. 87-92, July 20, 1961, 75 Stat.

211.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1724, 1725, 1736f-1 of

this title.

-CITE-

7 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1723. Generation and use of currencies by private voluntary

organizations and cooperatives

-STATUTE-

(a) Local sale and barter of commodities

An agreement entered into between the Administrator and a private

voluntary organization or cooperative to provide food assistance

through such organization or cooperative under this subchapter may

provide for the sale or barter in 1 or more recipient countries, or

1 or more countries in the same region, of the commodities to be

provided under such agreement.

(b) Minimum level of local sales

In carrying out agreements of the type referred to in subsection

(a) of this section, the Administrator shall permit private

voluntary organizations and cooperatives to sell, 1 (FOOTNOTE 1) or

more recipient countries, or in 1 or more countries in the same

region, an amount of commodities equal to not less than 15 percent

of the aggregate amounts of all commodities distributed under

non-emergency programs under this subchapter for each fiscal year,

to generate proceeds to be used as provided in this section.

(FOOTNOTE 1) So in original. Probably should be ''in 1''.

(c) Description of intended uses

A private voluntary organization or cooperative submitting a

proposal to enter into a non-emergency food assistance agreement

under this subchapter shall include in such proposal a description

of the intended uses of any proceeds that may be generated through

the sale, in 1 or more recipient countries, or in 1 or more

countries in the same region, of any commodities provided under an

agreement entered into between the Administrator and the

organization or cooperative.

(d) Use

Proceeds generated from any partial or full sale or barter of

commodities by a private voluntary organization or cooperative

under a non-emergency food assistance agreement under this

subchapter may -

(1) be used to transport, store, distribute, and otherwise

enhance the effectiveness of the use of agricultural commodities

provided under this subchapter;

(2) be used to implement income-generating, community

development, health, nutrition, cooperative development,

agricultural, and other developmental activities within 1 or more

recipient countries or within 1 or more countries in the same

region; or

(3) be invested, and any interest earned on such investment may

be used, for the purposes for which the assistance was provided

to that organization, without further appropriation by Congress.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 203, 68 Stat. 458; May 28,

1956, ch. 327, title II, Sec. 208(c), 70 Stat. 201; Pub. L. 85-128,

Sec. 1(3), Aug. 13, 1957, 71 Stat. 345; Pub. L. 86-341, title I,

Sec. 3, Sept. 21, 1959, 73 Stat. 606; Pub. L. 86-472, ch. VI, Sec.

601(b), May 14, 1960, 74 Stat. 140; Pub. L. 87-128, title II, Sec.

202(1), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88-638, Sec. 1(13),

(14), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-808, Sec. 2(C), Nov.

11, 1966, 80 Stat. 1535; Pub. L. 95-88, title II, Sec. 209, Aug. 3,

1977, 91 Stat. 548; Pub. L. 98-473, title III, Sec. 305, Oct. 12,

1984, 98 Stat. 2195; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28,

1990, 104 Stat. 3638; Pub. L. 104-127, title II, Sec. 208, Apr. 4,

1996, 110 Stat. 954; Pub. L. 107-171, title III, Sec. 3003, May 13,

2002, 116 Stat. 281.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171, Sec. 3003(1), struck out ''foreign''

before ''currencies'' in section catchline.

Subsec. (a). Pub. L. 107-171, Sec. 3003(2), substituted ''1 or

more recipient countries, or 1 or more countries'' for ''the

recipient country, or in a country''.

Subsec. (b). Pub. L. 107-171, Sec. 3003(3), substituted ''1 or

more recipient countries, or in 1 or more countries'' for ''in

recipient countries, or in countries'' and struck out ''foreign

currency'' before ''proceeds''.

Subsec. (c). Pub. L. 107-171, Sec. 3003(4), struck out ''foreign

currency'' before ''proceeds'' and substituted ''1 or more

recipient countries, or in 1 or more countries'' for ''the

recipient country, or in a country''.

Subsec. (d). Pub. L. 107-171, Sec. 3003(5)(A), substituted

''Proceeds'' for ''Foreign currencies'' in introductory provisions.

Subsec. (d)(2). Pub. L. 107-171, Sec. 3003(5)(B), substituted

''income-generating'' for ''income generating'' and ''1 or more

recipient countries or within 1 or more countries'' for ''the

recipient country or within a country''.

Subsec. (d)(3). Pub. L. 107-171, Sec. 3003(5)(C), inserted comma

after ''invested'' and after ''investment may be used''.

1996 - Subsec. (a). Pub. L. 104-127, Sec. 208(1), inserted '', or

in a country in the same region,'' after ''in the recipient

country''.

Subsec. (b). Pub. L. 104-127, Sec. 208(2), inserted ''or in

countries in the same region,'' after ''in recipient countries,''

and substituted ''15 percent'' for ''10 percent''.

Subsec. (c). Pub. L. 104-127, Sec. 208(3), inserted ''or in a

country in the same region,'' after ''recipient country,''.

Subsec. (d)(2). Pub. L. 104-127, Sec. 208(4), inserted ''or

within a country in the same region'' after ''recipient country''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to the payment of costs

and charges by the Commodity Credit Corporation for packaging,

enrichment, preservation, processing, transportation, handling, and

other incidental charges relating to commodities.

1984 - Pub. L. 98-473 inserted following cl. (4): ''in the case

of commodities for urgent and extraordinary relief requirements,

including pre-positioned commodities, transportation costs from

designated points of entry or ports of entry abroad to storage and

distribution sites and associated storage and distribution

costs;''.

1977 - Pub. L. 95-88 substituted ''transportation from United

States ports to designated points of entry abroad in the case (1)

of landlocked countries, (2) where ports cannot be used effectively

because of natural or other disturbances, (3) where carriers to a

specific country are unavailable, or (4) where a substantial

savings in costs or time can be effected by the utilization of

points of entry other than ports'' for '', or, in the case of

landlocked countries, transportation from United States ports to

designated points of entry abroad''.

1966 - Pub. L. 89-808 reenacted, with linguistic changes,

existing provisions for payment of costs and charges, included

costs of acquisition, packaging, enrichment, preservation,

fortification, processing, handling, other incidents, struck out

provisions for authorization of appropriations for reimbursement of

CCC, limitation on amount, and use of funds for purchase of foreign

currencies, now covered by section 1724 of this title, and deleted

other provisions for use of agencies, organizations, and facilities

in making transfers, now covered by section 1722 of this title, and

provision for transfer of funds from the CCC to such other Federal

agency designated by the President for payment of ocean freight

costs or for purchase of foreign currencies under this subchapter.

1964 - Pub. L. 88-638 substituted ''1965''; for ''1961'',

''1966'' for ''1964'', and ''$400,000,000'' for ''$300,000,000'',

inserted ''or donated under said section 1431, or section 1431b or

1697 of this title'', provisions authorizing use of funds available

under subchapter III, not exceeding $7,500,000 annually, to

purchase foreign currencies accruing under subchapter II in order

to meet costs designed to assure that commodities available under

subchapters I or III are used to carry out more effectively the

purposes for which such commodities are made available or to

promote activities to alleviate the causes of the need for such

assistance, provided that such funds are used to supplement, not

substitute for, funds normally available for such purposes from

other non-United States Government sources, and ''or for the

purchase of foreign currencies'' after ''ocean freight costs''.

1961 - Pub. L. 87-128 substituted authorization provision for

period beginning January 1, 1961, and ending December 31, 1964, for

authorization provision beginning January 1, 1960, and ending

December 31, 1961, and made the annual limitation applicable to the

amount programed rather than to the amount spent.

1960 - Pub. L. 86-472 authorized payment for transportation from

United States ports to designated points of entry abroad in the

case of landlocked countries, and permitted the payment of charges

for general average contributions arising out of the ocean

transport of transferred commodities.

1959 - Pub. L. 86-341 amended first sentence generally. Prior to

amendment, first sentence read as follows: ''Not more than

$800,000,000 (including the Corporation's investment in such

commodities) shall be expended for all such transfers and for other

costs authorized by this subchapter.''

1957 - Pub. L. 85-128 increased limitation on expenditures from

$500,000,000 to $800,000,000.

1956 - Act May 28, 1956, increased limitation on expenditures

from $300,000,000 to $500,000,000, and authorized payment of ocean

freight charges.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 1(13) of Pub. L. 88-638 provided that the substitution of

''1965'' for ''1961'', ''1966'' for ''1964'', and ''$400,000,000''

for ''$300,000,000'' are not effective until Jan. 1, 1965.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 3 of Pub. L. 86-341 provided that the amendment made by

that section is effective Jan. 1, 1960.

-CITE-

7 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1724. Levels of assistance

-STATUTE-

(a) Minimum levels

(1) Minimum assistance

Except as provided in paragraph (3), the Administrator shall

make agricultural commodities available for food distribution

under this subchapter in an amount that for each of fiscal years

2002 through 2007 is not less than 2,500,000 metric tons.

(2) Minimum non-emergency assistance

Of the amounts specified in paragraph (1), and except as

provided in paragraph (3), the Administrator shall make

agricultural commodities available for non-emergency food

distribution through eligible organizations under section 1722 of

this title in an amount that for each of fiscal years 2002

through 2007 is not less than 1,875,000 metric tons.

(3) Exception

The Administrator may waive the requirements of paragraphs (1)

and (2) for any fiscal year if the Administrator determines that

such quantities of commodities cannot be used effectively to

carry out this subchapter or in order to meet an emergency. In

making a waiver under this paragraph, the Administrator shall

prepare and submit to the Committee on Foreign Affairs and

Committee on Agriculture of the House of Representatives, and the

Committee on Agriculture, Nutrition, and Forestry of the Senate a

report containing the reasons for the waiver. No waiver shall be

made before the beginning of the applicable fiscal year.

(b) Use of value-added commodities

(1) Minimum levels

Except as provided in paragraph (2), in making agricultural

commodities available under this subchapter, the Administrator

shall ensure that not less than 75 percent of the quantity of

such commodities required to be distributed during each fiscal

year under subsection (a)(2) of this section be in the form of

processed, fortified, or bagged commodities and that not less

than 50 percent of the quantity of the bagged commodities that

are whole grain commodities be bagged in the United States.

(2) Waiver of minimum

The Administrator may waive the requirement of paragraph (1)

for any fiscal year in which the Administrator determines that

the requirements of the programs established under this

subchapter will not be best served by the enforcement of such

requirement under such paragraph.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 204, 68 Stat. 458; Pub. L.

85-128, Sec. 1(1), Aug. 13, 1957, 71 Stat. 345; Pub. L. 85-931,

Sec. 5, Sept. 6, 1958, 72 Stat. 1791; Pub. L. 86-341, title I, Sec.

1, Sept. 21, 1959, 73 Stat. 606; Pub. L. 87-128, title II, Sec.

202(2), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88-638, Sec. 1(15),

Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-808, Sec. 2(C), Nov. 11,

1966, 80 Stat. 1535; Pub. L. 95-113, title XII, Sec. 1203, Sept.

29, 1977, 91 Stat. 956; Pub. L. 97-98, title XII, Sec. 1212, Dec.

22, 1981, 95 Stat. 1281; Pub. L. 99-198, title XI, Sec. 1101, Dec.

23, 1985, 99 Stat. 1465; Pub. L. 101-624, title XV, Sec. 1512, Nov.

28, 1990, 104 Stat. 3639; Pub. L. 104-127, title II, Sec. 209, Apr.

4, 1996, 110 Stat. 954; Pub. L. 107-171, title III, Sec. 3004, May

13, 2002, 116 Stat. 282.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-171, Sec. 3004(1), (2),

substituted ''2002 through 2007'' for ''1996 through 2002'' and

''2,500,000 metric tons'' for ''2,025,000 metric tons''.

Subsec. (a)(2). Pub. L. 107-171, Sec. 3004(1), (3), substituted

''2002 through 2007'' for ''1996 through 2002'' and ''1,875,000

metric tons'' for ''1,550,000 metric tons''.

1996 - Subsec. (a)(1). Pub. L. 104-127, Sec. 209(1)(A),

substituted ''amount that for each of fiscal years 1996 through

2002 is not less than 2,025,000 metric tons.'' for ''amount that -

''(A) for fiscal year 1991, is not less than 1,925,000 metric

tons;

''(B) for fiscal year 1992, is not less than 1,950,000 metric

tons;

''(C) for fiscal year 1993, is not less than 1,975,000 metric

tons;

''(D) for fiscal year 1994, is not less than 2,000,000 metric

tons; and

''(E) for fiscal year 1995, is not less than 2,025,000 metric

tons.''

Subsec. (a)(2). Pub. L. 104-127, Sec. 209(1)(B), substituted

''amount that for each of fiscal years 1996 through 2002 is not

less than 1,550,000 metric tons.'' for ''an amount that -

''(A) for fiscal year 1991, is not less than 1,450,000 metric

tons;

''(B) for fiscal year 1992, is not less than 1,475,000 metric

tons;

''(C) for fiscal year 1993, is not less than 1,500,000 metric

tons;

''(D) for fiscal year 1994, is not less than 1,525,000 metric

tons; and

''(E) for fiscal year 1995, is not less than 1,550,000 metric

tons.''

Subsec. (a)(3). Pub. L. 104-127, Sec. 209(1)(C), inserted at end

''No waiver shall be made before the beginning of the applicable

fiscal year.''

Subsec. (b)(1). Pub. L. 104-127, Sec. 209(2), inserted before

period at end ''and that not less than 50 percent of the quantity

of the bagged commodities that are whole grain commodities be

bagged in the United States''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to authorization of

appropriations for reimbursement of Commodity Credit Corporation

for costs incurred in connection with programs of assistance

undertaken under this subchapter, and appropriations for purchase

of foreign currencies.

1985 - Pub. L. 99-198 substituted ''fiscal'' for ''calendar'' in

two places in first sentence and authorized a waiver of limitation

on assistance when the President determines waiver is necessary to

undertake programs of assistance to meet humanitarian needs.

1981 - Pub. L. 97-98 substituted ''$1,000,000,000'' for

''$750,000,000''.

1977 - Pub. L. 95-113 substituted ''$750,000,000'' for

''$600,000,000''.

1966 - Pub. L. 89-808 substituted part of provisions of former

section 1723 of this title relating to authorization of

appropriations for reimbursement of the CCC, limitations on amount,

and use of funds for purchase of foreign currencies for former

provisions for termination date for assistance under this

subchapter (Dec. 31, 1966), now provided for by section 1736c of

this title.

1964 - Pub. L. 88-638 extended termination date from Dec. 31,

1964, to Dec. 31, 1966.

1961 - Pub. L. 87-128 extended termination date from Dec. 31,

1961, to Dec. 31, 1964.

1959 - Pub. L. 86-341 extended termination date from Dec. 31,

1959, to Dec. 31, 1961.

1958 - Pub. L. 85-931 extended termination date from June 30,

1958, to Dec. 31, 1959.

1957 - Pub. L. 85-128 extended termination date from June 30,

1957, to June 30, 1958.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1101 of Pub. L. 99-198 provided that the amendment made

by that section is effective Oct. 1, 1985.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1736f-1 of this title.

-CITE-

7 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1725. Food Aid Consultative Group

-STATUTE-

(a) Establishment

There is established a Food Aid Consultative Group (hereinafter

referred to in this section as the ''Group'') that shall meet

regularly to review and address issues concerning the effectiveness

of the regulations and procedures that govern food assistance

programs established and implemented under this subchapter, and the

implementation of other provisions of this subchapter that may

involve eligible organizations described in section 1722(d)(1) of

this title.

(b) Membership

The Group shall be composed of -

(1) the Administrator;

(2) the Under Secretary of Agriculture for Farm and Foreign

Agricultural Services;

(3) the Inspector General of the Agency for International

Development;

(4) a representative of each private voluntary organization and

cooperative participating in a program under this subchapter, or

receiving planning assistance funds from the Agency to establish

programs under this subchapter;

(5) representatives from African, Asian and Latin American

indigenous non-governmental organizations determined appropriate

by the Administrator; and

(6) representatives from agricultural producer groups in the

United States.

(c) Chairperson

The Administrator shall be the chairperson of the Group.

(d) Consultations

In preparing regulations, handbooks, or guidelines implementing

this subchapter, or significant revisions thereto, the

Administrator shall provide such proposals to the Group for review

and comment. The Administrator shall consult and, when appropriate

(but at least twice per year), meet with the Group regarding such

proposed regulations, handbooks, guidelines, or revisions thereto

prior to the issuance of such.

(e) Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Group.

(f) Termination

The Group shall terminate on December 31, 2007.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 205, as added Pub. L.

89-808, Sec. 2(C), Nov. 11, 1966, 80 Stat. 1535; amended Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3639; Pub.

L. 104-127, title II, Sec. 210, Apr. 4, 1996, 110 Stat. 955; Pub.

L. 107-171, title III, Sec. 3005, May 13, 2002, 116 Stat. 282.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-171 substituted ''2007'' for

''2002''.

1996 - Subsec. (a). Pub. L. 104-127, Sec. 210(1), substituted

''eligible organizations described in section 1722(d)(1) of this

title'' for ''private voluntary organizations, cooperatives and

indigenous non-governmental organizations''.

Subsec. (b)(2). Pub. L. 104-127, Sec. 210(2)(A), substituted ''of

Agriculture for Farm and Foreign Agricultural Services'' for ''for

International Affairs and Commodity Programs''.

Subsec. (b)(6). Pub. L. 104-127, Sec. 210(2)(B)-(D), added par.

(6).

Subsec. (d). Pub. L. 104-127, Sec. 210(3), inserted ''(but at

least twice per year)'' after ''when appropriate''.

Subsec. (f). Pub. L. 104-127, Sec. 210(4), substituted ''2002''

for ''1995''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions declaring sense of Congress that

President should encourage advanced nations to increase

contributions for combating hunger, particularly through expansion

of international food and agricultural assistance programs, and

that United States should work for expansion of United Nations

World food program.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE

Section effective Jan. 1, 1967, see section 5 of Pub. L. 89-808,

set out as an Effective Date of 1966 Amendment note under section

1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1722 of this title.

-CITE-

7 USC Sec. 1726 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1726. Repealed. Pub. L. 107-171, title III, Sec. 3006, May 13,

2002, 116 Stat. 282

-MISC1-

Section, act July 10, 1954, ch. 469, title II, Sec. 206, as added

Pub. L. 94-161, title II, Sec. 209, Dec. 20, 1975, 89 Stat. 854;

amended Pub. L. 95-88, title II, Sec. 210, Aug. 3, 1977, 91 Stat.

548; Pub. L. 96-53, title II, Sec. 203, Aug. 14, 1979, 93 Stat.

368; Pub. L. 99-198, title XI, Sec. 1112(a)(2), Dec. 23, 1985, 99

Stat. 1478; Pub. L. 100-202, Sec. 12, 13, Dec. 22, 1987, 101 Stat.

1329-448; Pub. L. 100-418, title IV, Sec. 4610(d), Aug. 23, 1988,

102 Stat. 1411; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28,

1990, 104 Stat. 3640, related to maximum level of expenditures.

-CITE-

7 USC Sec. 1726a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1726a. Administration

-STATUTE-

(a) Proposals

(1) Recipient countries

A proposal to enter into a nonemergency food assistance

agreement under this subchapter shall identify the recipient

country or countries that are the subject of the agreement.

(2) Timing

Not later than 120 days after the date of receipt by the

Administrator of a proposal submitted by an eligible organization

under this subchapter, the Administrator shall determine whether

to accept the proposal.

(3) Denial

If a proposal under paragraph (1) is denied, the response shall

specify the reasons for denial and the conditions that must be

met for the approval of such proposal.

(b) Notice and comment

Not later than 30 days prior to the issuance of a final guideline

or annual policy guidance to carry out this subchapter, the

Administrator shall -

(1) provide notice of the existence of a proposed guideline or

annual policy guidance, and that such guideline or annual policy

guidance is available for review and comment, to eligible

organizations that participate in programs under this subchapter,

and to other interested persons;

(2) make the proposed guideline or annual policy guidance

available, on request, to the eligible organizations and other

persons referred to in paragraph (1); and

(3) take any comments received into consideration prior to the

issuance of the final guideline or annual policy guidance.

(c) Regulations

(1) In general

The Administrator shall promptly issue all necessary

regulations and make revisions to agency guidelines with respect

to changes in the operation or implementation of the program

established under this subchapter.

(2) Requirements

The Administrator shall develop regulations with the intent of

-

(A) simplifying procedures for participation in the programs

established under this subchapter;

(B) reducing paperwork requirements under such programs;

(C) establishing reasonable and realistic accountability

standards to be applied to eligible organizations participating

in the programs established under this subchapter, taking into

consideration the problems associated with carrying out

programs in developing countries; and

(D) providing flexibility for carrying out programs under

this subchapter.

(3) Handbooks

Handbooks developed by the Administrator to assist in carrying

out the program under this subchapter shall be designed to foster

the development of programs under this subchapter by eligible

organizations.

(d) Deadline for submission of commodity orders

Not later than 15 days after receipt from a United States field

mission of a call forward for agricultural commodities for programs

that meet the requirements of this subchapter, the order for the

purchase or the supply, from inventory, of such commodities or

products shall be transmitted to the Commodity Credit Corporation.

(e) Timely approval

(1) In general

The Administrator is encouraged to finalize program agreements

and resource requests for programs under this section before the

beginning of each fiscal year.

(2) Report

Not later than December 1 of each year, the Administrator shall

submit to the Committee on Agriculture and the Committee on

International Relations of the House of Representatives and the

Committee on Agriculture, Nutrition, and Forestry of the Senate a

report that contains -

(A) a list of programs, countries, and commodities approved

to date for assistance under this section; and

(B) a statement of the total amount of funds approved to date

for transportation and administrative costs under this section.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 207, as added Pub. L.

99-198, title XI, Sec. 1104(a), Dec. 23, 1985, 99 Stat. 1466;

amended Pub. L. 100-202, Sec. 14, Dec. 22, 1987, 101 Stat.

1329-449; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3640; Pub. L. 104-127, title II, Sec. 207(b), Apr. 4, 1996,

110 Stat. 954; Pub. L. 107-171, title III, Sec. 3007, May 13, 2002,

116 Stat. 282.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171, Sec. 3007(1), added pars.

(1) and (2), redesignated former par. (2) as (3), and struck out

heading and text of former par. (1). Text read as follows: ''Not

later than 45 days after the receipt by the Administrator of a

proposal submitted -

''(A) by an eligible organization, with the concurrence of the

appropriate United States field mission, for commodities; or

''(B) by a United States field mission to make commodities

available to an eligible organization;

under this subchapter, the Administrator shall make a decision

concerning such proposal.''

Subsec. (b). Pub. L. 107-171, Sec. 3007(2), substituted

''guideline or annual policy guidance'' for ''guideline'' wherever

appearing.

Subsec. (e). Pub. L. 107-171, Sec. 3007(3), added subsec. (e).

1996 - Subsec. (a)(1)(A), (B). Pub. L. 104-127, Sec. 207(b)(1),

substituted ''an eligible organization'' for ''a private voluntary

organization or cooperative''.

Subsec. (b)(1). Pub. L. 104-127, Sec. 207(b)(2)(A), substituted

''eligible organizations'' for ''private voluntary organizations

and cooperatives''.

Subsec. (b)(2). Pub. L. 104-127, Sec. 207(b)(2)(B), substituted

''eligible organizations'' for ''organizations, cooperatives,''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to requests by nonprofit

voluntary agency or cooperative for nonemergency food assistance

agreements, and uses of foreign currency proceeds.

1987 - Subsec. (a). Pub. L. 100-202, Sec. 14(1), inserted ''or

cooperative'' after ''agency''.

Subsec. (b). Pub. L. 100-202, Sec. 14(2), substituted ''10

percent'' for ''5 percent''.

Subsec. (c). Pub. L. 100-202, Sec. 14(3), added subsec. (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE

Section 1104(b) of Pub. L. 99-198 provided that: ''Section 207 of

the Agricultural Trade Development and Assistance Act of 1954 (as

added by subsection (a)) (this section) shall apply with respect to

agreements entered into after December 31, 1985.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1722 of this title.

-CITE-

7 USC Sec. 1726b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS

-HEAD-

Sec. 1726b. Assistance for stockpiling and rapid transportation,

delivery, and distribution of shelf-stable prepackaged foods

-STATUTE-

(a) In general

The Administrator may provide grants to -

(1) United States nonprofit organizations (described in section

501(c)(3) of title 26 and exempt from tax under section 501(a) of

title 26) for the preparation of shelf-stable prepackaged foods

requested by eligible organizations and the establishment and

maintenance of stockpiles of the foods in the United States; and

(2) private voluntary organizations and international

organizations for the rapid transportation, delivery, and

distribution of shelf-stable prepackaged foods described in

paragraph (1) to needy individuals in foreign countries.

(b) Grants for establishment of stockpiles

(1) In general

Not more than 70 percent of the amount made available to carry

out this section shall be used to provide grants under subsection

(a)(1) of this section.

(2) Priority

In providing grants under subsection (a)(1) of this section,

the Administrator shall provide a preference to a United States

nonprofit organization that agrees to provide -

(A) non-Federal funds in an amount equal to 50 percent of the

amount of funds received under a grant under subsection (a)(1)

of this section;

(B) an in-kind contribution in an amount equal to that

percentage; or

(C) a combination of such funds and an in-kind contribution,

for the preparation of shelf-stable prepackaged foods and the

establishment and maintenance of stockpiles of the foods in the

United States in accordance with subsection (a)(1) of this

section.

(c) Grants for rapid transportation, delivery, and distribution

Not less than 20 percent of the amount made available to carry

out this section shall be used to provide grants under subsection

(a)(2) of this section.

(d) Administration

Not more than 10 percent of the amount made available to carry

out this section may be used by the Administrator for the

administration of grants under subsection (a) of this section.

(e) Regulations or guidelines

Not later than 180 days after November 9, 2000, the

Administrator, in consultation with the Secretary, shall issue such

regulations or guidelines as the Administrator determines to be

necessary to carry out this section, including regulations or

guidelines that provide to United States nonprofit organizations

eligible to receive grants under subsection (a)(1) of this section

guidance with respect to the requirements for qualified

shelf-stable prepackaged foods and the quantity of the foods to be

stockpiled by the organizations.

(f) Authorization of appropriations

There is authorized to be appropriated to the Administrator to

carry out this section, in addition to amounts otherwise available

to carry out this section, $3,000,000 for each of fiscal years 2001

through 2007, to remain available until expended.

-SOURCE-

(July 10, 1954, ch. 469, title II, Sec. 208, as added Pub. L.

106-472, title III, Sec. 310(a), Nov. 9, 2000, 114 Stat. 2075;

amended Pub. L. 107-171, title III, Sec. 3008, May 13, 2002, 116

Stat. 283.)

-MISC1-

PRIOR PROVISIONS

A prior section 1726b, act July 10, 1954, ch. 469, title II,

Sec. 208, as added Dec. 22, 1987, Pub. L. 100-202, Sec. 15, 101

Stat. 1329-449, which related to periods for review of proposals

for famine relief and promulgation of guidelines for such

proposals, was omitted in the general revision of this chapter by

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3633.

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-171 substituted ''through 2007''

for ''and 2002''.

-CITE-

7 USC SUBCHAPTER III-A - FOOD FOR DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

.

-HEAD-

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1431, 1734, 1736,

1736a, 1736f, 1736g of this title; title 22 section 6041.

-CITE-

7 USC Sec. 1727 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727. Bilateral grant program

-STATUTE-

(a) In general

The President shall establish a program under which agricultural

commodities are donated in accordance with this subchapter to least

developed countries. The revenue generated by the sale of such

commodities in the recipient country may be utilized for economic

development activities. Such program shall be implemented by the

Administrator.

(b) General authority

To carry out the policies and accomplish the objectives described

in section 1691 of this title, the Administrator may negotiate and

execute agreements with least developed countries to provide

commodities to such countries on a grant basis.

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 301, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 548;

amended Pub. L. 96-53, title II, Sec. 204(a), Aug. 14, 1979, 93

Stat. 369; Pub. L. 99-198, title XI, Sec. 1112(a)(3), Dec. 23,

1985, 99 Stat. 1478; Pub. L. 100-576, Sec. 4(a)(1), Oct. 31, 1988,

102 Stat. 2898; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28,

1990, 104 Stat. 3641.)

-MISC1-

PRIOR PROVISIONS

A prior section 301 of act July 10, 1954, ch. 469, title III, 68

Stat. 458, which amended section 1427 of this title, was renumbered

section 308 by Pub. L. 95-88, title II, Sec. 211(a)(1), Aug. 3,

1977, 91 Stat. 548.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions outlining Congressional purpose

with regard to Food for Development Program, establishment of

program, goal of assistance under program, range of assistance and

emphasized activities, and use of funds for disaster assistance.

1988 - Subsec. (c). Pub. L. 100-576 added subsec. (c).

1985 - Subsec. (b). Pub. L. 99-198 inserted ''(including

immunization of children)'' after ''health services''.

1979 - Subsec. (a). Pub. L. 96-53 inserted '', or the dollar

sales value of the commodities themselves,'' after ''the local sale

of such commodities'', and substituted ''in the participating

country of funds from the sale of such commodities or of the

commodities themselves'' for ''of funds from the sale of such

commodities in the participating country''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

AMENDMENT OF FOOD FOR DEVELOPMENT AGREEMENTS; DISASTER ASSISTANCE

FOR BANGLADESH

Section 4(a)(2), (3) of Pub. L. 100-576 provided that:

''(2) Food for Development agreements entered into under title

III of that Act (this subchapter) before the date of enactment of

this Act (Oct. 31, 1988) may be amended in order to implement the

amendment made by paragraph (1) (amending this section).

''(3) Pending amendment pursuant to paragraph (2) of Food for

Development agreements with the Government of Bangladesh, the use

of funds accruing under those agreements, with the approval of the

United States Government, for flood-related disaster assistance

authorized by the amendment made by paragraph (1) shall be deemed

to be consistent with the applicable agreement.''

INCREASED IMMUNIZATIONS OF CHILDREN; REPORTING REQUIREMENT

Section 1112(b) of Pub. L. 99-198 provided that: ''In the

implementation of health programs undertaken in relation to

assistance provided under the Agricultural Trade Development and

Assistance Act of 1954 (this chapter), it shall be the goal of the

organizations and agencies involved to provide as many additional

immunizations of children as possible. Such increased immunization

activities should be taken in coordination with similar efforts of

other organizations and in keeping with any national plans for

expanded programs of immunization. The President shall include

information concerning such immunization activities in the annual

reports required by section 634 of the Foreign Assistance Act of

1961 (22 U.S.C. 2394), including a report on the estimated number

of immunizations provided each year pursuant to this subsection.''

IMPLEMENTATION OF PROGRAM

Program under this subchapter to provide for donation of

agricultural commodities to least developed countries to be

implemented by Administrator of the Agency for International

Development, see Ex. Ord. No. 12752, Sec. 1(c), Feb. 25, 1991, 56

F.R. 8255, set out as a note under section 1691 of this title.

-CITE-

7 USC Sec. 1727a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727a. Eligible countries

-STATUTE-

(a) Least developed countries

A country shall be considered to be a least developed country and

eligible for the donation of agricultural commodities under this

subchapter if -

(1) such country meets the poverty criteria established by the

International Bank for Reconstruction and Development for Civil

Works Preference for providing financial assistance; or

(2) such country is a food deficit country and is characterized

by high levels of malnutrition among significant numbers of its

population, as determined by the Administrator under subsection

(b) of this section.

(b) Indicators of food deficit countries

To make a finding under subsection (a)(2) of this section that a

country is a food deficit country and is characterized by high

levels of malnutrition, the Administrator must determine that the

country meets all of the following indicators of national food

deficit and malnutrition:

(1) Calorie consumption

That the daily per capita calorie consumption of the country is

less than 2300 calories.

(2) Food security requirements

That the country cannot meet its food security requirements

through domestic production or imports due to a shortage of

foreign exchange earnings.

(3) Child mortality rate

That the mortality rate of children under 5 years of age in the

country is in excess of 100 per 1000 births.

(c) Priority

In determining whether and to what extent agricultural

commodities shall be made available to least developed countries

under this subchapter, the Administrator shall give priority to

countries that -

(1) demonstrate the greatest need for food;

(2) demonstrate the capacity to use food assistance

effectively;

(3) have demonstrated a commitment to policies to promote food

security, including policies to reduce measurably hunger and

malnutrition through efforts such as establishing and

institutionalizing supplemental nutrition programs targeted to

reach those who are nutritionally at risk; and

(4) have a long-term plan for broad-based, equitable, and

sustainable development.

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 302, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 549;

amended Pub. L. 96-53, title II, Sec. 205, Aug. 14, 1979, 93 Stat.

369; Pub. L. 99-83, title X, Sec. 1004(b), Aug. 8, 1985, 99 Stat.

271; Pub. L. 99-198, title XI, Sec. 1108, Dec. 23, 1985, 99 Stat.

1467; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3642.)

-MISC1-

PRIOR PROVISIONS

A prior section 302 of act July 10, 1954, ch. 469, title III, 68

Stat. 458, which amended section 1431 of this title, was renumbered

section 309 by Pub. L. 95-88, title II, Sec. 211(a)(1), Aug. 3,

1977, 91 Stat. 548.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions setting out criteria for

eligibility of developing countries for distribution of

commodities, minimum aggregate value of agreements for such

distribution, waiver of minimum, and participatory requirements.

1985 - Subsec. (c)(1)(C). Pub. L. 99-198 substituted ''10'' for

''15'' percent.

Subsec. (c)(4). Pub. L. 99-83 inserted ''and of United States

nonprofit voluntary agencies and cooperatives''.

1979 - Subsec. (c)(4). Pub. L. 96-53 added par. (4).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

-CITE-

7 USC Sec. 1727b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727b. Grant programs

-STATUTE-

To carry out the policies and accomplish the objectives described

in section 1691 of this title, the Administrator may negotiate and

execute agreements with least developed countries to provide

commodities to such countries on a grant basis either through the

Commodity Credit Corporation or through private trade channels.

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 303, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 550;

amended Pub. L. 96-53, title II, Sec. 204(c), Aug. 14, 1979, 93

Stat. 369; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3642.)

-MISC1-

PRIOR PROVISIONS

A prior section 303 of act July 10, 1954, ch. 469, title III, 68

Stat. 459, which enacted section 1692 of this title, was renumbered

section 310 by Pub. L. 95-88, title II, Sec. 211(a)(1), Aug. 3,

1977, 91 Stat. 548.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to a multiyear

utilization proposal regarding value and amount of commodities

proposed to be distributed, integration with other forms of

development assistance, and non-replacement of other programs.

1979 - Subsec. (a). Pub. L. 96-53 struck out ''for each year such

funds are to be disbursed'' after ''on an annual basis''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1731 of this title.

-CITE-

7 USC Sec. 1727c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727c. Direct uses or sales of commodities

-STATUTE-

Agricultural commodities provided to a least developed country

under this section -

(1) may be used in such country for -

(A) direct feeding programs, including programs that include

activities that deal directly with the special health needs of

children and mothers consistent with section 2151b(c)(2) of

title 22, relating to the Child Survival Fund; or

(B) the development of emergency food reserves; or

(2) may be sold in such country by the government of the

country or the Administrator (or their designees) as provided in

the agreement, and the proceeds of such sale used in accordance

with this subchapter.

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 304, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 550;

amended Pub. L. 95-424, title II, Sec. 202, Oct. 6, 1978, 92 Stat.

955; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3642.)

-MISC1-

PRIOR PROVISIONS

A prior section 304 of act July 10, 1954, ch. 469, title III, 68

Stat. 459, enacted section 1693 of this title, prior to repeal by

Pub. L. 89-808, Sec. 2(D), Nov. 11, 1966, 80 Stat. 1535.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to furnishing of credit

by Commodity Credit Corporation to participating country for

purchase of commodities, payment by recipient government, waiver of

requirements to meet humanitarian or developmental objectives, and

payment of freight charges of relatively least developed countries.

1978 - Subsec. (d). Pub. L. 95-424 added subsec. (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1727d, 1727e of this

title.

-CITE-

7 USC Sec. 1727d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727d. Local currency accounts

-STATUTE-

(a) Retention of proceeds

To the extent determined to be appropriate by the Administrator,

revenues generated from the sale, under section 1727c(2) of this

title, of agricultural commodities provided under this subchapter

shall be deposited into a separate account (that may be interest

bearing) in the recipient country to be disbursed for the benefit

of such country in accordance with local currency agreements

entered into between the recipient country and the Administrator.

The Administrator may determine not to deposit such revenues in a

separate account if -

(1) local currencies are to be programmed for specific economic

development purposes listed in section 1727e(a) of this title;

and

(2) the recipient country programs an equivalent amount of

money for such purposes as specified in an agreement entered into

by the Administrator and the recipient country.

(b) Ownership and programming of accounts

The proceeds of sales pursuant to section 1727c(2) of this title

shall be the property of the recipient country or the United

States, as specified in the applicable agreement. Such proceeds

shall be utilized for the benefit of the recipient country, shall

be jointly programmed by the Administrator and the government of

the recipient country, and shall be disbursed for the benefit of

such country in accordance with local currency agreements between

the Administrator and that government.

(c) Overall development strategy

The Administrator shall consider the local currency proceeds as

an integral part of the overall development strategy of the Agency

for International Development and the recipient country.

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 305, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 550;

amended Pub. L. 95-424, title II, Sec. 203, Oct. 6, 1978, 92 Stat.

955; Pub. L. 96-53, title II, Sec. 204(b), 206, Aug. 14, 1979, 93

Stat. 369; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3643.)

-MISC1-

PRIOR PROVISIONS

A prior section 305 of act July 10, 1954, ch. 469, title III, 68

Stat. 459, enacted section 1694 of this title, prior to repeal by

Pub. L. 89-808, Sec. 2(D), Nov. 11, 1966, 80 Stat. 1535.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing deposit of funds

generated from sale of commodities into special account, providing

that disbursements shall be considered payment by recipient

government or as full forgiveness of repayment obligations,

consideration of disbursements as payment with respect to credit

obligations or annual repayment obligations, and application of

dollar sales value of commodities against repayment obligations.

1979 - Subsec. (a). Pub. L. 96-53, Sec. 206, inserted provisions

relating to disbursements from the special account equal to the

dollar value of credit furnished by the Commodity Credit

Corporation under section 1727c(a) of this title.

Subsec. (c). Pub. L. 96-53, Sec. 204(b), added subsec. (c).

1978 - Subsecs. (a), (b). Pub. L. 95-424 designated existing

provisions as subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1727e of this title.

-CITE-

7 USC Sec. 1727e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727e. Use of local currency proceeds

-STATUTE-

(a) In general

The local currency proceeds of sales pursuant to section 1727c(2)

of this title shall be used in the recipient country for specific

economic development purposes, including -

(1) the promotion of specific policy reforms to improve food

security and agricultural development within the country and to

promote broad-based, equitable, and sustainable development;

(2) the establishment of development programs, projects, and

activities that promote food security, alleviate hunger, improve

nutrition, and promote family planning, maternal and child health

care, oral rehydration therapy, and other child survival

objectives consistent with section 2151b(c)(2) of title 22,

relating to the Child Survival Fund;

(3) the promotion of increased access to food supplies through

the encouragement of specific policies and programs designed to

increase employment and incomes within the country;

(4) the promotion of free and open markets through specific

policies and programs;

(5) support for United States private voluntary organizations

and cooperatives and encouragement of the development and

utilization of indigenous nongovernmental organizations;

(6) the purchase of agricultural commodities (including

transportation and processing costs) produced in the country -

(A) to meet urgent or extraordinary relief requirements in

the country or in neighboring countries; or

(B) to develop emergency food reserves;

(7) the purchase of goods and services (other than agricultural

commodities and related services) to meet urgent or extraordinary

relief requirements;

(8) the payment, to the extent practicable, of the costs of

carrying out the program authorized in subchapter V of this

chapter;

(9) private sector development activities designed to further

the policies set forth in section 1691 of this title, including

loans to financial intermediaries for use in making loans to

private individuals, cooperatives, corporations, or other

entities;

(10) activities of the Peace Corps that relate to agricultural

production;

(11) the development of rural infrastructure such as roads,

irrigation systems, and electrification to enhance agricultural

production;

(12) research on malnutrition and its causes, as well as

research relating to the identification and application of

policies and strategies for targeting resources made available

under this section to address the problem of malnutrition; and

(13) support for research (including collaborative research

which is mutually beneficial to the United States and the

recipient country), education, and extension activities in

agricultural sciences.

Section 1306 of title 31 shall not apply to the use under this

subsection of local currency proceeds that are owned by the United

States.

(b) Support of nongovernmental organizations

To the extent practicable, not less than 10 percent of the

amounts contained in an account established for a recipient country

under section 1727d(a) of this title shall be used by such country

to support the development and utilization of nongovernmental

organizations and cooperatives that are active in rural

development, agricultural education, sustainable agricultural

production, other measures to assist poor people, and environmental

protection projects within such country.

(c) Investment of local currencies by nongovernmental organizations

A nongovernmental organization may invest local currencies that

accrue to that organization as a result of assistance under

subsection (a) of this section, and any interest earned on such

investment may be used for the purpose for which the assistance was

provided to that organization without further appropriation by the

Congress.

(d) Support for certain educational institutions

If the Administrator determines that local currencies deposited

in a special account pursuant to this subchapter are not needed for

any of the activities prescribed in paragraphs (1) through (13) of

subsection (a) of this section or for any other specific economic

development purpose in the recipient country, the Administrator may

use those currencies to provide support for any institution (other

than an institution whose primary purpose is to provide religious

education) located in the recipient country that provides education

in agricultural sciences or other disciplines for a significant

number of United States nationals (who may include members of the

United States Armed Forces or the Foreign Service or dependents of

such members).

-SOURCE-

(July 10, 1954, ch. 469, title III, Sec. 306, as added Pub. L.

95-88, title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 551;

amended Pub. L. 96-53, title II, Sec. 207(a), Aug. 14, 1979, 93

Stat. 369; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3643; Pub. L. 104-127, title II, Sec. 211(a), Apr. 4, 1996,

110 Stat. 955.)

-MISC1-

PRIOR PROVISIONS

A prior section 306 of act July 10, 1954, ch. 469, title III, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 11, 73 Stat.

608, enacted section 1695 of this title, prior to repeal by Pub. L.

89-808, Sec. 2(D), Nov. 11, 1966, 80 Stat. 1535.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-127 amended heading and struck

out ''indigenous'' before ''nongovernmental'' in text.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions requiring submission of annual

report by recipient countries to President on activities and

progress of Food for Development Program.

1979 - Pub. L. 96-53 inserted provisions relating to detailed

description of the use of the commodities.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,

set out as an Effective Date of 1977 Amendment note under section

1702 of this title.

USE OF FOREIGN CURRENCIES

Foreign currencies accruing to United States under this

subchapter may be used for purposes set forth in this section, see

Ex. Ord. No. 12752, Sec. 2(b)(1), Feb. 25, 1991, 56 F.R. 8255, set

out as a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1727d of this title.

-CITE-

7 USC Sec. 1727f, 1727g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-A - FOOD FOR DEVELOPMENT

-HEAD-

Sec. 1727f, 1727g. Omitted

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3633.

Section 1727f, act July 10, 1954, ch. 469, title III, Sec. 307,

as added Aug. 3, 1977, Pub. L. 95-88, title II, Sec. 211(a)(2), 91

Stat. 551; amended Aug. 14, 1979, Pub. L. 96-53, title II, Sec.

207(b), 93 Stat. 369, related to annual presidential review of

agreements for use of proceeds from sales of commodities.

A prior section 307 of act July 10, 1954, ch. 469, title III, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 12, 73 Stat.

609, which enacted section 1696 of this title, was repealed by Pub.

L. 89-808, Sec. 2(D), Nov. 11, 1966, 80 Stat. 1535.

Section 1727g, acts July 10, 1954, ch. 469, title III, Sec. 310,

formerly Sec. 303, 68 Stat. 459; Sept. 6, 1958, Pub. L. 85-931,

Sec. 6, 72 Stat. 1791; July 29, 1968, Pub. L. 90-436, Sec. 7, 82

Stat. 451; renumbered Sec. 310, Aug. 3, 1977, Pub. L. 95-88, title

II, Sec. 211(a)(1), 91 Stat. 548; Dec. 23, 1985, Pub. L. 99-198,

title XI, Sec. 1167(c), 99 Stat. 1503, related to authority of

Secretary to barter agricultural commodities for strategic and

other materials.

-MISC3-

BARTER OF AGRICULTURAL COMMODITIES FOR STRATEGIC AND CRITICAL

MATERIALS

Section 1167(a) of Pub. L. 99-198 provided for findings by

Congress concerning the barter or exchange of agricultural

commodities for strategic and critical materials for the national

defense stockpile, prior to repeal by Pub. L. 101-624, title XV,

Sec. 1572(3), Nov. 28, 1990, 104 Stat. 3702.

-CITE-

7 USC SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

.

-HEAD-

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

-CITE-

7 USC Sec. 1728 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 1728. Findings regarding emergency food assistance

-STATUTE-

The Congress finds that -

(1) acute food crises continue to cause loss of life, severe

malnutrition, and general human suffering in many areas of the

Third World, especially in sub-Saharan Africa;

(2) the United States continues to respond to these needs, as a

reflection of its humanitarian concern for the people of the

Third World, with emergency food and other necessary assistance

to alleviate the suffering of those affected by severe food

shortages;

(3) the timely provision of food and other necessary assistance

to those in need is of paramount importance if the worst effects

of such food crises are to be mitigated; and

(4) the ability of the United States to provide food and other

necessary assistance on a timely basis, and to ensure that such

assistance is distributed to those in need, should be enhanced in

order to better enable the United States to help those affected

by severe food shortages.

-SOURCE-

(Pub. L. 98-473, title III, Sec. 302, Oct. 12, 1984, 98 Stat.

2194.)

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Trade

Development and Assistance Act of 1954 which comprises this

chapter.

-MISC3-

SHORT TITLE

Section 301 of title III of Pub. L. 98-473 provided that: ''This

title (enacting this subchapter and amending section 1723 of this

title) may be cited as the 'President's Emergency Food Assistance

Act of 1984'.''

-CITE-

7 USC Sec. 1728a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 1728a. President's Emergency Food Assistance Fund

-STATUTE-

(a) Establishment; authority of President to furnish assistance

from Fund

There is hereby established the President's Emergency Food

Assistance Fund (hereafter in this subchapter referred to as the

''Fund''). Whenever the President determines it to be in the

national interest of the United States, he is authorized to

furnish, in accordance with the provisions of this subchapter, and

on such terms and conditions as he may determine, assistance from

the Fund for the purpose of alleviating the human suffering of

peoples outside the United States caused by acute food shortages.

Such assistance may be provided through such governments or other

entities, private or public, including intergovernmental and

multilateral organizations, as the President deems appropriate.

(b) Types of assistance authorized

Because the effects of severe food shortages will vary with the

country or region, assistance to alleviate human suffering may

include the provision of food assistance or such activities as the

provision of seed, animal fodder, animal vaccines, and

transportation (including inland transportation) and distribution

services.

(c) Authorization of appropriations

There are authorized to be appropriated to the President

$50,000,000 each for fiscal year 1985 and fiscal year 1986 to carry

out the purposes of this subchapter, to remain available until

expanded. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''expended.''

(d) Authority of President

The President may make loans, advances, and grants to, make and

perform agreements and contracts with, or enter into transactions

with, any individual, corporation, or other body of persons,

government or government agency, whether within or without the

United States, and international and intergovernmental

organizations in furtherance of the purposes and within the

limitations of this subchapter.

-SOURCE-

(Pub. L. 98-473, title III, Sec. 303, Oct. 12, 1984, 98 Stat.

2194.)

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Trade

Development and Assistance Act of 1954 which comprises this

chapter.

-CITE-

7 USC Sec. 1728b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 1728b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 98-473, title III, Sec. 304, Oct. 12, 1984, 98

Stat. 2195, which required the President to submit a comprehensive

annual report to appropriate committees of Congress detailing

activities carried out under this subchapter, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 21 of House Document No. 103-7.

-CITE-

7 USC SUBCHAPTER IV - GENERAL AUTHORITIES AND

REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

.

-HEAD-

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-CITE-

7 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1731. Commodity determinations

-STATUTE-

(a) Availability of commodities

No agricultural commodity shall be available for disposition

under this chapter if the Secretary determines that the disposition

would reduce the domestic supply of the commodity below the supply

needed to meet domestic requirements and provide adequate carryover

(as determined by the Secretary), unless the Secretary determines

that some part of the supply should be used to carry out urgent

humanitarian purposes under this chapter.

(b) Ineligible commodities

(1) Alcoholic beverages

Alcoholic beverages shall not be made available for disposition

under this chapter.

(2) Tobacco

Tobacco or the products thereof shall not be made available

under section 1727b of this title or subchapter III of this

chapter.

(c) Market development activities

Subsection (b)(1) of this section shall not be construed to

prohibit representatives of the United States wine, beer, distilled

spirits, or other alcoholic beverage industry from participating in

agricultural market development activities carried out by the

Secretary with foreign currencies made available under subchapter

II of this chapter.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 401, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 87-703, title II, Sec. 201(1), Sept. 27, 1962, 76 Stat.

610; Pub. L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1535; Pub.

L. 95-88, title II, Sec. 212, Aug. 3, 1977, 91 Stat. 551; Pub. L.

95-113, title XII, Sec. 1204, Sept. 29, 1977, 91 Stat. 956; Pub. L.

96-53, title II, Sec. 208, Aug. 14, 1979, 93 Stat. 370; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3645; Pub.

L. 104-127, title II, Sec. 212, Apr. 4, 1996, 110 Stat. 955.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 added subsec. (a) and struck out former

subsec. (a) which authorized Secretary, after consultation with

other affected Federal agencies, to determine agricultural

commodities and quantities thereof available for disposition,

redesignated subsec. (e) as (b) and struck out former subsec. (b)

which provided for modification of determination by Secretary,

redesignated subsec. (f) as (c) and substituted ''(b)(1)'' for

''(e)(1)'', struck out former subsec. (c) which provided for

nonavailability of commodities if domestic supply of such

commodities was adversely affected, and struck out subsec. (d)

which outlined policies for distribution of commodities to

developing countries.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing Secretary to

determine types and quantities of commodities available for

distribution, limiting distribution where domestic supply is

threatened, and requiring available storage facilities in recipient

country prior to making commodities available to such country as

well as finding that distribution will not result in interference

with production or marketing in that country.

1979 - Subsec. (b)(2). Pub. L. 96-53 substituted ''to or

interference with domestic production or marketing in'' for ''to

domestic production in''.

1977 - Subsec. (a). Pub. L. 95-113 inserted provisions under

which commodities may be made available for disposition if the

Secretary of Agriculture determines that some part of the supply of

commodities should be used to carry out urgent humanitarian

purposes, even though such disposition would reduce the domestic

supply of those commodities below that needed to meet domestic

requirements, provide adequate carryover, and allow for anticipated

exports.

Pub. L. 95-88 designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 95-88 added subsec. (b).

1966 - Pub. L. 89-808 substituted provisions relating to

determination and criteria for such determination by the Secretary

of Agriculture of agricultural commodities available for

disposition for former statement of purpose of provisions relating

to long-term supply contracts, now covered by subchapter II of this

chapter.

1962 - Pub. L. 87-703 included in the statement of purpose the

stimulation and increase of sales of surplus agricultural

commodities for dollars through long-term supply contracts and

through the extension of credit for the purchase of such

commodities, by agreements with friendly nations or with private

trade.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENTS

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

EXPORT SALES OF DAIRY PRODUCTS

Pub. L. 99-198, title XI, Sec. 1163, Dec. 23, 1985, 99 Stat.

1499, as amended by Pub. L. 100-435, title I, Sec. 107, Sept. 19,

1988, 102 Stat. 1651; Pub. L. 101-624, title I, Sec. 111, Nov. 28,

1990, 104 Stat. 3380; Pub. L. 103-465, title IV, Sec. 411(c), Dec.

8, 1994, 108 Stat. 4963, provided that:

''(a) In each fiscal year, the Secretary of Agriculture may sell

dairy products for export, at such prices as the Secretary

determines appropriate, in a quantity and allocated as determined

by the Secretary, consistent with the obligations undertaken by the

United States set forth in the Uruguay Round Agreements, if the

disposition of the commodities will not interfere with the usual

marketings of the United States nor disrupt world prices of

agricultural commodities and patterns of commercial trade.

''(b) Such sales shall be made through the Commodity Credit

Corporation under existing authority available to the Secretary or

the Commodity Credit Corporation.

''(c) Through September 30, 1995, the Secretary shall report

semiannually to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on the volume of sales made under this

section.''

(Amendment of section 1163 of Pub. L. 99-198, set out above, 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 of Pub. L. 103-465,

set out as an Effective Date note under section 3601 of Title 19,

Customs Duties.)

(Amendment of section 1163 of Pub. L. 99-198, set out above, by

Pub. L. 100-435 effective and implemented on Oct. 1, 1988, see

section 701 of Pub. L. 100-435, set out as a note under section

2012 of this title.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1736, 1736f-1, 1736o of

this title.

-CITE-

7 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1732. Definitions

-STATUTE-

As used in this chapter:

(1) Administrator

The term ''Administrator'' means the Administrator of the

Agency for International Development, unless otherwise specified

in this chapter.

(2) Agricultural commodity

The term ''agricultural commodity'', unless otherwise provided

for in this chapter, includes any agricultural commodity or the

products thereof produced in the United States, including wood

and processed wood products, fish, and livestock as well as

value-added, fortified, or high-value agricultural products.

Effective beginning on October 1, 1991, for purposes of

subchapter III of this chapter, a product of an agricultural

commodity shall not be considered to be produced in the United

States if it contains any ingredient that is not produced in the

United States, if that ingredient is produced and is commercially

available in the United States at fair and reasonable prices.

(3) Cooperative

The term ''cooperative'' means a private sector organization

whose members own and control the organization and share in its

services and its profits and that provides business services and

outreach in cooperative development for its membership.

(4) Developing country

The term ''developing country'' means a country that has a

shortage of foreign exchange earnings and has difficulty meeting

all of its food needs through commercial channels.

(5) Food security

The term ''food security'' means access by all people at all

times to sufficient food and nutrition for a healthy and

productive life.

(6) Nongovernmental organization

The term ''nongovernmental organization'' means an organization

that works at the local level to solve development problems in a

foreign country in which the organization is located, except that

the term does not include an organization that is primarily an

agency or instrumentality of the government of the foreign

country.

(7) Private voluntary organization

The term ''private voluntary organization'' means a

not-for-profit, nongovernmental organization (in the case of a

United States organization, an organization that is exempt from

Federal income taxes under section 501(c)(3) of title 26) that

receives funds from private sources, voluntary contributions of

money, staff time, or in-kind support from the public, and that

is engaged in or is planning to engage in voluntary, charitable,

or development assistance activities (other than religious

activities).

(8) Secretary

The term ''Secretary'' means the Secretary of Agriculture,

unless otherwise specified in this chapter.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 402, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 87-703, title II, Sec. 201(2), Sept. 27, 1962, 76 Stat.

611; Pub. L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub.

L. 92-42, July 1, 1971, 85 Stat. 99; Pub. L. 95-113, title XII,

Sec. 1205, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96-72, Sec. 24,

Sept. 29, 1979, 93 Stat. 536; Pub. L. 97-98, title XII, Sec. 1213,

Dec. 22, 1981, 95 Stat. 1281; Pub. L. 98-623, title IV, Sec.

405(b), Nov. 8, 1984, 98 Stat. 3409; Pub. L. 101-624, title XV,

Sec. 1512, Nov. 28, 1990, 104 Stat. 3645; Pub. L. 104-127, title

II, Sec. 211(b), Apr. 4, 1996, 110 Stat. 955.)

-MISC1-

AMENDMENTS

1996 - Par. (6). Pub. L. 104-127 added par. (6) and struck out

heading and text of former par. (6). Prior to amendment, text read

as follows: ''The term 'indigenous nongovernmental organization'

means an organization that operates under the laws of the recipient

country, or that has its principal place of activity in such

country, and that works at the local level to solve development

problems in the foreign country in which it is located, except that

the term does not include an organization that is primarily an

agent or instrumentality of the foreign government.''

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions defining agricultural commodity.

1984 - Pub. L. 98-623 inserted ''(including fish, without regard

to whether such fish are harvested in aquacultural operations)''

and struck out provision that subject to the availability of

appropriations therefor, any domestically produced fishery product

could be made available under this chapter.

1981 - Pub. L. 97-98 substituted ''wine, beer, distilled spirits,

or other alcoholic beverage'' for ''wine or beer''.

1979 - Pub. L. 96-72 inserted reference to beer.

1977 - Pub. L. 95-113 required that in allocation of funds made

available under subchapter II of this chapter priority be given to

financing the sale of food and fiber commodities.

1971 - Pub. L. 92-42 inserted sentence that proviso excluding

alcoholic beverages from term ''agricultural commodity'' shall not

be construed as prohibiting domestic wine industry from

participating in market development activities for expansion of

export sales of domestic agricultural commodities.

1966 - Pub. L. 89-808 substituted definition of agricultural

commodity and provisions as to availability of fishery products for

former provisions respecting agreements for delivery of surplus

agricultural commodities, period, and security for payments in

relation to long-term supply contracts, now covered by subchapter

II of this chapter. See section 1707 of this title.

1962 - Pub. L. 87-703 authorized executive agreements with

financial institutions acting in behalf of friendly nations and

administrative sales agreements with foreign and United States

private trade with provision for security for payments.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-623 to be considered as having taken

effect before Sept. 8, 1982, for purposes of section 135 of Pub. L.

97-253 (set out as a note under section 612c of this title), see

section 405(d) of Pub. L. 98-623, set out as a note under section

1707a of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1736o of this title.

-CITE-

7 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1733. General provisions

-STATUTE-

(a) Prohibition

No agricultural commodity shall be made available under this

chapter unless it is determined that -

(1) adequate storage facilities will be available in the

recipient country at the time of the arrival of the commodity to

prevent the spoilage or waste of the commodity; and

(2) the distribution of the commodity in the recipient country

will not result in a substantial disincentive to or interference

with domestic production or marketing in that country.

(b) Impact on local farmers and economy

The Secretary or the Administrator, as appropriate, shall ensure

that the importation of United States agricultural commodities and

the use of local currencies for development purposes will not have

a disruptive impact on the farmers or the local economy of the

recipient country.

(c) Transshipment

The Secretary or the Administrator, as appropriate, shall, under

such terms and conditions as are determined to be appropriate,

require commitments designed to prevent or restrict the resale or

transshipment to other countries, or use for other than domestic

purposes, of agricultural commodities donated or purchased under

this chapter.

(d) Private trade channels and small business

Private trade channels shall be used under this chapter to the

maximum extent practicable in the United States and in the

recipient countries with respect to -

(1) sales from privately owned stocks;

(2) sales from stocks owned by the Commodity Credit

Corporation; and

(3) donations.

Small businesses shall be provided adequate and fair opportunity to

participate in such sales.

(e) World prices

(1) In general

In carrying out this chapter, reasonable precautions shall be

taken to assure that sales or donations of agricultural

commodities will not unduly disrupt world prices for agricultural

commodities or normal patterns of commercial trade with foreign

countries.

(2) Sale price

Sales of agricultural commodities described in paragraph (1)

shall be made at a reasonable market price in the economy where

the agricultural commodity is to be sold, as determined by the

Secretary or the Administrator, as appropriate.

(f) Publicity

Commitments shall be obtained from countries or private entities,

as appropriate, receiving commodities under this chapter that such

countries or private entities will widely publicize, to the extent

practicable, through the use of the public media and through other

means, that such commodities are being provided through the

friendship of the American people as food for peace.

(g) Participation of private sector

The Secretary or the Administrator, as appropriate, shall

encourage the private sector of the United States and private

importers in developing countries to participate in the programs

established under this chapter.

(h) Safeguard usual marketings

In carrying out this chapter, reasonable precautions shall be

taken to safeguard the usual marketings of the United States and to

avoid displacing any sales of the United States agricultural

commodities that the Secretary or Administrator determines would

otherwise be made.

(i) Military distribution of food aid

(1) In general

The Secretary or the Administrator, as appropriate, shall

attempt to ensure that agricultural commodities made available

under this chapter will be provided without regard to the

political affiliation, geographic location, ethnic, tribal, or

religious identity of the recipient or without regard to other

extraneous factors.

(2) Prohibition on handling of commodities by military

(A) In general

Except as provided in subparagraph (B), the Secretary or the

Administrator, as appropriate, shall not enter into an

agreement under this chapter to provide agricultural

commodities if such agreement requires or permits the

distribution, handling, or allocation of such commodities by

the military forces of any government or insurgent group.

(B) Exception

Notwithstanding subparagraph (A), the Secretary or the

Administrator, as appropriate, may authorize the handling or

distribution of commodities by the military forces of a country

in exceptional circumstances in which -

(i) nonmilitary channels are not available for such

handling or distribution;

(ii) such action is consistent with the requirements of

paragraph (1); and

(iii) the Secretary or the Administrator, as appropriate,

determines that such action is necessary to meet the

emergency health, safety, or nutritional requirements of the

recipient population.

(3) Encouragement of safe passage

When entering into agreements under this chapter that involve

areas within recipient countries that are experiencing protracted

warfare or civil strife, the Secretary or the Administrator, as

appropriate, shall, to the extent practicable, encourage all

parties to the conflict to permit safe passage of the commodities

and other relief supplies and to establish safe zones for medical

and humanitarian treatment and evacuation of injured persons.

(j) Violations of human rights

(1) Ineligible countries

The Secretary or the Administrator, as appropriate, shall not

enter into any agreement under this chapter to provide

agricultural commodities, or to finance the sale of agricultural

commodities, to the government of any country determined by the

President to engage in a consistent pattern of gross violations

of internationally recognized human rights, including -

(A) the torture or cruel, inhuman, or degrading treatment or

punishment of individuals;

(B) the prolonged detention of individuals without charges;

(C) the responsibility for causing the disappearance of

individuals through the abduction and clandestine detention of

such individuals; or

(D) other flagrant denials of the right to life, liberty, and

the security of persons.

(2) Waiver

Paragraph (1) shall not prohibit the provision of assistance to

such a country if the assistance is targeted to the most needy

people in such country and is made available in such country

through channels other than the government.

(k) Abortion prohibition

Local currencies that are made available for use under this

chapter may not be used to pay for the performance of abortions as

a method of family planning or to motivate or coerce any person to

practice abortions.

(l) Sale procedure

(1) In general

Subsections (b) and (h) of this section shall apply to sales of

commodities in recipient countries to generate proceeds to carry

out projects under -

(A) subchapters II and III of this chapter;

(B) section 1431(b) of this title; and

(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o).

(2) Currency

A sale described in paragraph (1) may be made in United States

dollars or other currencies.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 403, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 87-703, title II, Sec. 201(3), Sept. 27, 1962, 76 Stat.

611; Pub. L. 88-638, Sec. 1(17), Oct. 8, 1964, 78 Stat. 1037; Pub.

L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 95-113,

title XII, Sec. 1206, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96-533,

title IV, Sec. 407, Dec. 16, 1980, 94 Stat. 3151; Pub. L. 97-98,

title XII, Sec. 1214, Dec. 22, 1981, 95 Stat. 1282; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3646; Pub.

L. 102-237, title III, Sec. 321, Dec. 13, 1991, 105 Stat. 1857;

Pub. L. 104-127, title II, Sec. 213, Apr. 4, 1996, 110 Stat. 956;

Pub. L. 107-171, title III, Sec. 3009(a), May 13, 2002, 116 Stat.

283.)

-REFTEXT-

REFERENCES IN TEXT

The Food for Progress Act of 1985, referred to in subsec.

(l)(1)(C), is Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985,

99 Stat. 1472, as amended, which is classified to section 1736o of

this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-171, Sec. 3009(a)(1), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Subsec. (l). Pub. L. 107-171, Sec. 3009(a)(2), added subsec. (l).

1996 - Subsec. (b). Pub. L. 104-127, Sec. 213(1), inserted

heading and struck out former heading ''Consultations'' and in text

struck out ''consult with representatives from the International

Monetary Fund, the International Bank for Reconstruction and

Development, the World Bank, and other donor organizations to''

before ''ensure that''.

Subsec. (c). Pub. L. 104-127, Sec. 213(2), struck out ''from

countries'' after ''require commitments'' and substituted ''or use

for other'' for ''for use for other''.

Subsec. (f). Pub. L. 104-127, Sec. 213(3), inserted ''or private

entities, as appropriate,'' after ''from countries'' and ''or

private entities'' after ''such countries''.

Subsec. (i)(2)(C). Pub. L. 104-127, Sec. 213(4), struck out

heading and text of subpar. (C). Text read as follows: ''Not later

than 30 days after an authorization is provided under subparagraph

(B), the Secretary or the Administrator, as appropriate, shall

prepare and submit to the appropriate committees of Congress a

report concerning such authorization and include in any such report

the reason for the authorization, including an explanation of why

no alternatives to such handling or distribution were available.''

1991 - Subsec. (i)(2)(C). Pub. L. 102-237 substituted

''committees'' for ''Committees''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing appropriations

necessary for this chapter, classifying such expenditures under

international affairs and finance rather than agriculture, valuing

commodity, for purpose of reimbursing Commodity Credit Corporation,

at price not greater than export market price at time commodity was

made available, and authorizing President to transfer up to 15

percent of funding for any fiscal year from any subchapter of this

chapter to any other subchapter.

1981 - Subsec. (b). Pub. L. 97-98 inserted ''a price not greater

than''.

1980 - Subsec. (c). Pub. L. 96-533 added subsec. (c).

1977 - Pub. L. 95-113 designated existing provisions as subsec.

(a) and added subsec. (b).

1966 - Pub. L. 89-808 substituted provisions for authorization of

appropriations, including reimbursement of Commodity Credit

Corporation, and classification of expenditures, formerly covered

in former section 1703(a) of this title, for provision for payment

for commodities, now provided for by section 1706(a) of this title.

1964 - Pub. L. 88-638 substituted ''less than the minimum rate

required by section 2161 of Title 22 for loans made under that

section'' for ''more than the cost of the funds to the United

States Treasury as determined by the Secretary of the Treasury,

taking into consideration the current average market yields on

outstanding marketable obligations of the United States having

maturity comparable to the maturities of loans made by the

President under this section''.

1962 - Pub. L. 87-703 substituted ''reasonable'' for

''approximately equal'' annual amounts and provided for deferral of

date for beginning annual payment.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (j) of this section

delegated to Secretary of State by section 4(b) of Ex. Ord. No.

12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section

1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431, 1736o, 1736o-1 of

this title; title 46 App. section 1241h.

-CITE-

7 USC Sec. 1734 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1734. Agreements

-STATUTE-

(a) In general

Before entering into agreements with foreign countries under

subchapters II and III-A of this chapter for the provision of

commodities, the Secretary or the Administrator, as appropriate,

shall consider the extent to which the recipient country is

undertaking measures for economic development purposes in order to

improve food security and agricultural development, alleviate

poverty, and promote broad-based, equitable, and sustainable

development.

(b) Terms of agreement

An agreement entered into under this chapter shall -

(1) include an estimate of the annual value or volume of

agricultural commodities proposed to be made available to the

country or eligible organization under the agreement;

(2) with respect to agreements entered into with foreign

countries under subchapters II and III-A of this chapter, include

a statement of the manner in which the agricultural commodities

provided under the agreement or the revenues generated by the

sale of such commodities (if such commodities are sold), will be

integrated into the overall development plans of the country to

improve food security and agricultural development, alleviate

poverty, and promote broad-based, equitable, and sustainable

agriculture and broad-based economic growth;

(3) with respect to agreements entered into under subchapters

II and III-A of this chapter, include a statement of the manner

in which competitive private sector participation within the

recipient country in the storage, marketing, transportation, and

distribution of agricultural commodities made available under

this chapter will be encouraged;

(4) include a statement that such agreement shall be subject to

the availability, during each fiscal year to which the agreement

applies, of the necessary appropriations and agricultural

commodities; and

(5) contain such other terms and conditions as the Secretary or

the Administrator, as appropriate, determines to be necessary.

(c) Multi-year agreements

(1) In general

Agreements to provide assistance on a multi-year basis to

recipient countries or to eligible organizations -

(A) may be made available under subchapters II and III-A of

this chapter; and

(B) shall be made available under subchapter III of this

chapter.

(2) Exception

The Secretary or the Administrator, as appropriate, may

determine not to make assistance available on a multi-year basis

with respect to a recipient country or an eligible organization

if it is determined that assistance should be provided to such

country or through such organization only on an annual basis

because -

(A) the past performance of the country or organization in

meeting program objectives does not warrant a multi-year

agreement;

(B) it is anticipated that the need of the country or

organization for food aid does not extend beyond 1 year; or

(C) other circumstances, as determined by the Secretary or

the Administrator, as appropriate, indicate there is only a

need for a 1 year agreement.

(d) Review of agreements

The Secretary or the Administrator, as appropriate, may make a

determination to terminate, or refuse to enter into, a multi-year

agreement with respect to a recipient country if the Secretary or

the Administrator determines that such country is not fulfilling

the objectives or requirements of this chapter. In making such a

determination, the Secretary or the Administrator, as appropriate,

may consider the extent to which the country is -

(1) making significant economic development reforms;

(2) promoting free and open markets for food and agricultural

producers; and

(3) fostering increased food security.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 404, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L.

96-53, title II, Sec. 209, Aug. 14, 1979, 93 Stat. 370; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3648; Pub.

L. 104-127, title II, Sec. 214, Apr. 4, 1996, 110 Stat. 956.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127, Sec. 214(1), inserted ''with

foreign countries'' after ''Before entering into agreements''.

Subsec. (b)(2). Pub. L. 104-127, Sec. 214(2), inserted ''with

foreign countries'' after ''agreements entered into'' and ''and

broad-based economic growth'' before semicolon at end.

Subsec. (c)(1). Pub. L. 104-127, Sec. 214(3), added par. (1) and

struck out heading and text of former par. (1). Text read as

follows: ''Agreements to provide assistance on a multi-year basis

under this chapter shall be made available to recipient countries

or to eligible organizations.''

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions outlining aims of assistance

programs, namely humanitarian and national interest objectives, and

requiring assessments of recipient countries to determine types and

quantities of commodities needed, conditions under which

distribution should take place, most suitable timing for delivery,

etc.

1979 - Pub. L. 96-53 designated existing provisions as subsec.

(a), substituted provisions relating to aims of programs of

assistance conducted under this chapter and sections 1427 and 1431

of this title and the types and quantities of agricultural

commodities to be made available, for provisions relating to aims

of assistance programs undertaken pursuant to this chapter and

sections 1427 and 1431 of this title, and added subsec. (b).

1966 - Pub. L. 89-808 substituted provision declaratory of aims

of assistance programs as the attainment of humanitarian objectives

and the national interest for provisions requiring the Secretary of

Agriculture to maximize the sale of commodities and avoid

displacement of cash sales, now provided for by sections 1703(n)

and 1707(b) of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-CITE-

7 USC Sec. 1735 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1735. Consultation

-STATUTE-

The Secretary and the Administrator shall cooperate and consult

in the implementation of this chapter.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 405, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 87-703, title II, Sec. 201(4), Sept. 27, 1962, 76 Stat.

611; Pub. L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub.

L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3650.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions requiring funds and authority

under this chapter be used to assist friendly countries determined

to increase their self-reliance in food production and managing

population growth.

1966 - Pub. L. 89-808 substituted provisions respecting self-help

in meeting food requirements and in resolving problems relative to

population growth for provisions respecting entry into agreements

for participation in supply and assistance program on a

proportionate and equitable basis.

1962 - Pub. L. 87-703 substituted ''In the case of such

agreements, the Secretary may enter into agreements with other

friendly and historic supplying nations'' for ''In entering into

such agreements, the Secretary shall endeavor to reach agreement

with other exporting nations''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

-CITE-

7 USC Sec. 1736 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736. Use of Commodity Credit Corporation

-STATUTE-

(a) In general

The Commodity Credit Corporation may acquire and make available

such agricultural commodities (that have been determined to be

available under section 1731(a) of this title) as necessary to

carry out agreements under this chapter.

(b) Included expenses

With respect to commodities made available under subchapters III

and III-A of this chapter, the Commodity Credit Corporation may pay

-

(1) the cost of acquiring such commodities;

(2) the costs associated with packaging, enrichment,

preservation, and fortification of such commodities;

(3) the processing, transportation, handling, and other

incidental costs up to the time of the delivery of such

commodities free on board vessels in United States ports;

(4) the vessel freight charges from United States ports or

designated Canadian transshipment ports, as determined by the

Secretary, to designated ports of entry abroad;

(5) the costs associated with transporting such commodities

from United States ports to designated points of entry abroad in

the case -

(A) of landlocked countries;

(B) of ports that cannot be used effectively because of

natural or other disturbances;

(C) of the unavailability of carriers to a specific country;

or

(D) of substantial savings in costs or time that may be

effected by the utilization of points of entry other than

ports;

(6) in the case of commodities for urgent and extraordinary

relief requirements (including pre-positioned commodities) the

transportation costs incurred in moving the commodities from

designated points of entry or ports of entry abroad to storage

and distribution sites and associated storage and distribution

costs; and

(7) the charges for general average contributions arising out

of the ocean transport of commodities transferred pursuant

thereto.

(c) Commodity Credit Corporation

The funds, facilities, and authorities of the Commodity Credit

Corporation may be used to carry out this chapter.

(d) Availability of funds

Funds shall be available under this chapter only to the extent

provided in advance in appropriation Acts.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 406, as added Pub. L.

86-341, title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended

Pub. L. 87-703, title II, Sec. 201(5), Sept. 27, 1962, 76 Stat.

611; Pub. L. 89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub.

L. 94-161, title II, Sec. 214, Dec. 20, 1975, 89 Stat. 855; Pub. L.

101-508, title I, Sec. 1204(b)(2), Nov. 5, 1990, 104 Stat. 1388-11;

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3650; Pub. L. 102-237, title III, Sec. 323, Dec. 13, 1991, 105

Stat. 1857; Pub. L. 104-127, title II, Sec. 215, Apr. 4, 1996, 110

Stat. 956.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-127, Sec. 215(1), substituted

''may'' for ''shall'' after ''Corporation''.

Subsec. (b). Pub. L. 104-127, Sec. 215(2)(A), in introductory

provisions, substituted ''subchapters III and III-A of this

chapter'' for ''this chapter''.

Subsec. (b)(4). Pub. L. 104-127, Sec. 215(2)(B), added par. (4)

and struck out former par. (4) which read as follows: ''the ocean

freight charges from United States ports to designated ports of

entry abroad;''.

1991 - Subsec. (b)(5)(D). Pub. L. 102-237 substituted ''time''

for ''items''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing appropriations and

authorizing the President to administer a program of

farmer-to-farmer assistance, enter into agreements or make grants

to train farmers in recipient countries, seek exchange of farm

youth and farm leaders with developing countries, conduct research

in tropical and subtropical agriculture, coordinate program with

other foreign assistance programs, establish conditions for

eligibility in farmer-to-farmer program, and pay costs of program

through use of foreign currencies accruing from sale of

commodities.

Subsec. (d). Pub. L. 101-508 added subsec. (d).

1975 - Subsec. (a). Pub. L. 94-161, Sec. 214(1), substituted

''the President'' for ''the Secretary of Agriculture''.

Subsec. (a)(1). Pub. L. 94-161, Sec. 214(2), struck out ''through

existing agencies of the Department of Agriculture'' after

''establish and administer''.

Subsec. (a)(5). Pub. L. 94-161, Sec. 214(3), substituted ''with

other foreign assistance activities of the United States'' for

''with the activities of the Peace Corps, the Agency for

International Development, and other agencies of the United States

and to assign, upon agreement with such agencies, such persons to

work with and under the administration of such agencies: Provided,

That nothing in this section shall be construed to infringe upon

the powers or functions of the Secretary of State''.

1966 - Pub. L. 89-808 substituted food production assistance

provisions for provision respecting applicability of other laws,

now provided for by section 1707(d) of this title.

1962 - Pub. L. 87-703 made section 1701(b) and (c) applicable to

this subchapter.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

FARMER-TO-FARMER PROGRAMS FOR FISCAL YEARS 1986 THROUGH 1990

Pub. L. 99-198, title XI, Sec. 1107, Dec. 23, 1985, 99 Stat.

1467, as amended by Pub. L. 100-277, Sec. 6, Apr. 4, 1988, 102

Stat. 69, provided that:

''(a) Notwithstanding any other provision of law, not less than

one-tenth of 1 percent of the funds available for each of the

fiscal years ending September 30, 1986 through September 30, 1990,

to carry out the Agricultural Trade Development and Assistance Act

of 1954 (this chapter) shall be used to carry out paragraphs (1)

and (2) of section 406(a) of that Act (7 U.S.C. 1736(a)(1), (2)).

Any such funds used to carry out paragraph (2) of section 406(a)

shall not constitute more than one-fourth of the funds used as

provided by the first sentence of this subsection, shall be used

for activities in direct support of the farmer-to-farmer program

under paragraph (1) of section 406(a), and shall be administered

whenever possible in conjunction with programs under sections 296

through 300 of the Foreign Assistance Act of 1961 (22 U.S.C.

2220a-2220e).

''(b) Not later than 120 days after the date of enactment of this

Act (Dec. 23, 1985), the Administrator of the Agency for

International Development, in conjunction with the Secretary of

Agriculture, shall submit to Congress a report indicating the

manner in which the Agency intends to implement the provisions of

paragraphs (1) and (2) of section 406(a) of the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1736(a)(1), (2))

with the funds made available under subsection (a).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431, 1736o of this

title; title 22 section 5423.

-CITE-

7 USC Sec. 1736-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736-1. Special Assistant for Agricultural Trade and Food

Assistance

-STATUTE-

(a) Appointment by President

The President shall appoint a Special Assistant to the President

for Agricultural Trade and Food Assistance (hereinafter in this

section referred to as the ''Special Assistant''). The President

shall appoint the initial Special Assistant not later than May 1,

1986.

(b) Service in Executive Office of President

The Special Assistant shall serve in the Executive Office of the

President.

(c) Required functions

The Special Assistant shall -

(1) assist and advise the President in order to improve and

enhance food assistance programs carried out in the United States

and foreign countries;

(2) be available to receive suggestions and complaints

concerning the implementation of United States food aid and

agricultural export programs anywhere in the United States

Government and provide prompt responses thereto, including

expediting the program implementation in any instances in which

there is unreasonable delay;

(3) make recommendations to the President on means to

coordinate and streamline the manner in which food assistance

programs are carried out by the Department of Agriculture and the

Agency for International Development, in order to improve their

overall effectiveness;

(4) make recommendations to the President on measures to be

taken to increase use of United States agricultural commodities

and the products thereof through food assistance programs;

(5) advise the President on agricultural trade;

(6) advise the President on the Food for Progress Program and

expedite its implementation;

(7) serve as a member of the Development Coordination Committee

and the Food Aid Subcommittee of such Committee;

(8) advise departments and agencies of the Federal Government

on their policy guidelines on basic issues of food assistance

policy to the extent necessary to assure the coordination of food

assistance programs, consistent with law, and with the advice of

such Subcommittee; and

(9) submit a report to the President and Congress each year

through 1990 containing -

(A) a global analysis of world food needs and production; and

(B) a detailed plan for using available export and food aid

authorities to increase United States agricultural exports to

those targeted countries.

(d) Compensation

Compensation for the Special Assistant shall be fixed by the

President at an annual rate of basic pay of not less than the rate

applicable to positions in level III of the Executive Schedule.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1113(a)-(d), Dec. 23, 1985, 99

Stat. 1479; Pub. L. 99-260, Sec. 4(a)(1), (b), (d), Mar. 20, 1986,

100 Stat. 49; Pub. L. 101-624, title XV, Sec. 1572(2), Nov. 28,

1990, 104 Stat. 3702.)

-REFTEXT-

REFERENCES IN TEXT

Level III of the Executive Schedule, referred to in subsec. (d),

is set out in section 5314 of Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

Another section 1113(d) of Pub. L. 99-198 amended section 5312 of

Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1990 - Subsec. (c)(9)(B), (C). Pub. L. 101-624 redesignated

subpar. (C) as (B) and struck out former subpar. (B) which required

that report contain identification of at least 15 target countries

most likely to emerge as growth markets for commodities in next 5

to 10 years.

1986 - Pub. L. 99-260, Sec. 4(a)(1)(A), substituted ''Food

Assistance'' for ''Food Aid'' in section catchline.

Subsec. (a). Pub. L. 99-260, Sec. 4(a)(1)(B), (b), substituted

''Food Assistance'' for ''Food Aid'' and inserted provision that

the President appoint the initial Special Assistant not later than

May 1, 1986.

Subsec. (d). Pub. L. 99-260, Sec. 4(d), amended subsec. (d)

generally, substituting provision relating to compensation of the

Special Assistant for provision relating to additional required

functions of the Special Assistant.

-CITE-

7 USC Sec. 1736a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736a. Administrative provisions

-STATUTE-

(a) Subchapter II programs

(1) Acquisitions

The importing country or private entity that enters into an

agreement under subchapter II of this chapter shall acquire the

agricultural commodities to be financed under subchapter II of

this chapter.

(2) Invitation for bid

No purchase of agricultural commodities from private stock or

purchase of ocean transportation shall be financed under

subchapter II of this chapter unless such purchases are made on

the basis of an invitation for bid that is publicly advertised in

the United States, and on the basis of bid offerings that shall

conform to such invitation and be received and publicly opened in

the United States. All awards in the purchase of commodities or

ocean transportation financed under subchapter II of this chapter

shall be consistent with open, competitive, and responsive bid

procedures, as determined appropriate by the Secretary. Resulting

contracts may contain such terms and conditions as the Secretary

determines are necessary and appropriate.

(b) Agents

(1) Authority of Secretary or Commodity Credit Corporation

(A) General rule

Except as provided in subparagraph (B), if it is determined

appropriate, the Secretary or the Commodity Credit Corporation

may serve as the purchasing or shipping agent, or both, for the

importer or importing country in arranging the purchase or

shipping of commodities financed under subchapter II of this

chapter.

(B) Exception

Notwithstanding subparagraph (A), the Secretary or the

Commodity Credit Corporation may award, under a competitive

bidding process, contracts for establishing freight agents who

shall act on behalf of the Secretary or the Corporation to

handle the shipping of commodities financed under this chapter.

(C) Avoidance of conflict of interest of contractors

Freight agents employed by the Secretary or the Commodity

Credit Corporation under subchapter II of this chapter shall

not represent any foreign government during the period of their

contract with the United States Government.

(2) Reasonable fees and commissions

(A) Fees

Notwithstanding any other provision of law, the Secretary or

the Commodity Credit Corporation may enter into an agreement

with the importer or importing country that contains the terms

and conditions that will govern the provision of purchasing or

shipping agent services by the Secretary or the Corporation,

including the establishment of fees for such services. Any

such fees shall be fair and reasonable in relation to the

services performed and shall be available as reimbursement for

costs incurred in providing such services.

(B) Prohibition on commissions

Commissions, fees, or other payments to any selling agent or

to any agent of a purchaser shall be prohibited in the purchase

of agricultural commodities that are financed under subchapter

II of this chapter.

(3) Limitations

No commission, fees, or other payments to an agent, broker,

consultant, or other representative of the importer or importing

country for ocean transportation brokerage services in connection

with the carriage of commodities provided under subchapter II of

this chapter may -

(A) be paid in excess of an amount determined appropriate by

the Secretary; and

(B) be shared by such person with the importer or importing

country or any agent thereof.

(4) Avoidance of conflict of interest

A person may not be an agent, broker, consultant, or other

representative of the United States Government, an importer, or

an importing country in connection with agricultural commodities

provided under this chapter during a fiscal year in which such

person provides or acts as an agent, broker, consultant, or other

representative of a person engaged in providing ocean

transportation or transportation-related services for such

commodities. For the purpose of this paragraph, the term

''transportation-related services'' means lightening,

stevedoring, bagging, or inland transportation to the destination

point.

(c) Subchapters III and III-A program

(1) Acquisition

(A) In general

The Administrator shall transfer, arrange for the

transportation, and take other steps necessary to make

available agricultural commodities to be provided under

subchapter III and subchapter III-A of this chapter.

(B) Certain commodities made available for nonemergency

assistance

In the case of agricultural commodities made available for

nonemergency assistance under subchapter III of this chapter

for least developed countries that meet the poverty and other

eligibility criteria established by the International Bank for

Reconstruction and Development for financing under the

International Development Association, the Administrator may

pay the transportation costs incurred in moving the

agricultural commodities from designated points of entry or

ports of entry abroad to storage and distribution sites and

associated storage and distribution costs.

(2) Freight procurement

Notwithstanding the Federal Property and Administrative

Services Act of 1949 (FOOTNOTE 1) or other similar provisions of

law relating to the making or performance of Federal Government

contracts, ocean transportation under subchapters III and III-A

of this chapter may be procured on the basis of full and open

competitive procedures. Resulting contracts may contain such

terms and conditions as the Administrator determines are

necessary and appropriate.

(FOOTNOTE 1) See References in Text note below.

(3) Avoidance of conflict of interest

Freight agents employed by the Agency for International

Development under subchapters III and III-A of this chapter shall

not represent any foreign government during the period of their

contract with the United States Government.

(4) Prepositioning

Funds made available for fiscal years 2001 through 2007 to

carry out subchapters III and III-A of this chapter may be used

by the Administrator to procure, transport, and store

agricultural commodities for prepositioning within the United

States and in foreign countries, except that for each such fiscal

year not more than $2,000,000 of such funds may be used to store

agricultural commodities for prepositioning in foreign countries.

(d) Timing of shipments

In determining the timing of the shipment of agricultural

commodities to be provided under this chapter, the Secretary or the

Administrator, as appropriate, shall consider -

(1) the time of harvest of any competing commodities in the

recipient country; and

(2) such other concerns determined to be appropriate.

(e) Deadline for agreements under subchapters II and III-A of this

chapter

An agreement under subchapters II and III-A of this chapter

shall, to the extent practicable, be entered into not later than -

(1) November 30 of the first fiscal year in which agricultural

commodities are to be shipped under the agreement; or

(2) 60 days after the date of enactment of the annual Rural

Development, Agriculture, and Related Agencies Appropriations Act

for the first fiscal year in which agricultural commodities are

to be shipped under the agreement,

whichever is later.

(f) Annual reports

(1) In general

The President shall prepare an annual report concerning the

programs and activities implemented under this chapter for the

preceding fiscal year.

(2) Contents

Each report shall include -

(A) the countries and organizations receiving food and other

assistance provided to each country and organization under this

chapter;

(B) a general description of the projects or activities

implemented under this chapter, including local currency funded

activities;

(C) a statement of the amount of agricultural commodities

made available to each country pursuant to section 1431(b) of

this title and the Food for Progress Act of 1985 (7 U.S.C.

1736o); and

(D) an assessment of the progress towards achieving food

security in each country receiving food assistance from the

United States Government, with special emphasis on the

nutritional status of the poorest populations in each country.

(3) Submission

The President shall submit such report not later than January

15 of each year 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.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 407, as added Pub. L.

89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L.

90-436, Sec. 8, July 29, 1968, 82 Stat. 451; Pub. L. 94-161, title

II, Sec. 210, Dec. 20, 1975, 89 Stat. 854; Pub. L. 101-508, title

I, Sec. 1204(b)(3), Nov. 5, 1990, 104 Stat. 1388-11; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3650; Pub.

L. 102-237, title III, Sec. 319, 324, 325, 328, 329, 332, Dec. 13,

1991, 105 Stat. 1857, 1858; Pub. L. 104-66, title I, Sec. 1011(e),

Dec. 21, 1995, 109 Stat. 709; Pub. L. 104-127, title II, Sec. 216,

Apr. 4, 1996, 110 Stat. 957; Pub. L. 106-472, title III, Sec.

310(b), Nov. 9, 2000, 114 Stat. 2076; Pub. L. 107-171, title III,

Sec. 3010, 3011, May 13, 2002, 116 Stat. 284.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(2), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

The Food for Progress Act of 1985, referred to in subsec.

(f)(2)(C), is Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985,

99 Stat. 1472, as amended, which is classified to section 1736o of

this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-171, Sec. 3011, designated

existing provisions as subpar. (A), inserted heading, and added

subpar. (B).

Subsec. (c)(4). Pub. L. 107-171, Sec. 3010, substituted ''through

2007'' for ''and 2002''.

2000 - Subsec. (c)(4). Pub. L. 106-472 added par. (4).

1996 - Pub. L. 104-127, Sec. 216(2)-(5), which directed amendment

of subsecs. (c), (d), (g), and (h), respectively, of this section,

was executed to subsecs. (b), (c), (f), and (g), respectively, of

this section, to reflect the probable intent of Congress and the

intervening amendment by Pub. L. 104-66 which struck out subsec.

(b) and redesignated subsecs. (c) to (h) as (b) to (g),

respectively. See 1995 Amendment note below.

Subsec. (a)(1). Pub. L. 104-127, Sec. 216(1)(A), inserted ''or

private entity that enters into an agreement under subchapter II of

this chapter'' after ''importing country''.

Subsec. (a)(2). Pub. L. 104-127, Sec. 216(1)(B), inserted at end

''Resulting contracts may contain such terms and conditions as the

Secretary determines are necessary and appropriate.''

Subsec. (b)(1)(A), (2)(A). Pub. L. 104-127, Sec. 216(2), inserted

''importer or'' before ''importing country''.

Subsec. (c)(2). Pub. L. 104-127, Sec. 216(3)(A), added par. (2)

and struck out heading and text of former par. (2). Text read as

follows: ''No purchase of agricultural commodities from private

stocks or purchase of ocean transportation services by the United

States Government shall be financed under subchapters III and III-A

of this chapter unless such purchases are made on the basis of full

and open competition utilizing such procedures as are determined

necessary and appropriate by the Administrator.''

Subsec. (c)(4). Pub. L. 104-127, Sec. 216(3)(B), struck out

heading and text of par. (4). Text read as follows:

''Notwithstanding any provision of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) or

other similar provisions relating to the making or performance of

Federal Government contracts, the Administrator may procure ocean

transportation services under this chapter under such full and open

competitive procedures as the Administrator determines are

necessary and appropriate.''

Subsec. (f)(2)(D). Pub. L. 104-127, Sec. 216(4), added subpar.

(D).

Subsec. (g). Pub. L. 104-127, Sec. 216(5), struck out heading and

text of subsec. (g). Text read as follows: ''On World Food Day,

October 16 of each year, the President shall submit to the

appropriate committees of Congress a report, prepared with the

assistance of the Secretary and the Administrator, assessing

progress towards food security in each country receiving United

States Government food assistance. Special emphasis should be

given in such report to the nutritional status of the poorest

populations in such countries.''

1995 - Subsecs. (b) to (h). Pub. L. 104-66 redesignated subsecs.

(c) to (h) as (b) to (g), respectively, and struck out former

subsec. (b) which required reporting of agricultural commodity or

ocean transportation supplier fees.

1991 - Subsec. (b)(1). Pub. L. 102-237, Sec. 329, struck out ''or

agricultural commodity donated'' after ''ocean transportation

financed''.

Subsec. (c)(1)(A). Pub. L. 102-237, Sec. 324, substituted

''subchapter II of this chapter'' for ''this section''.

Subsec. (c)(1)(C). Pub. L. 102-237, Sec. 325, struck out

''other'' before ''foreign government''.

Subsec. (c)(2)(B), (3). Pub. L. 102-237, Sec. 319, inserted

''subchapter II of'' before ''this chapter''.

Subsec. (c)(4). Pub. L. 102-237, Sec. 328(a), inserted ''provides

or'' after ''in which such person'' and substituted ''of a person''

for ''if the person is''.

Subsec. (d)(3). Pub. L. 102-237, Sec. 328(b), struck out

''other'' before ''foreign government''.

Subsec. (d)(4). Pub. L. 102-237, Sec. 332, substituted ''the

Federal Property and Administrative Services Act of 1949 (40 U.S.C.

471 et seq.)'' for ''the Federal Property Act of 1949, as

amended,''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions which established an Advisory

Committee to survey the general policies relating to the

administration of this chapter, including implementation of

self-help provisions, uses to be made of foreign currencies, amount

of currencies to be reserved in sales agreements for loans to

private industry, rates of exchange, interest rates, and terms

under which dollar credit sales are made.

Subsec. (c)(4). Pub. L. 101-508 substituted ''providing ocean

transportation or'' for ''providing ocean''.

1975 - Pub. L. 94-161 inserted '', or their designees (who shall

be members of such committees or, in the case of members from the

executive branch, who shall have been confirmed by the Senate)'' in

first sentence.

1968 - Pub. L. 90-436 struck out provisions that the vice

chairman and one ranking minority member of the specified House

committees and the next ranking majority member and one ranking

minority member of the specified Senate committees be members of

the Advisory Committee, and inserted provisions requiring the

Advisory Committee to meet not less than four times during each

calendar year and setting forth the order of precedence at such

meetings.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

this title.

EFFECTIVE DATE

Section effective Jan. 1, 1967, see section 5 of Pub. L. 89-808,

set out as an Effective Date of 1966 Amendment note under section

1691 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (h) (now (g)) of this

section delegated to Administrator of the Agency for International

Development by section 4(c) of Ex. Ord. No. 12752, Feb. 25, 1991,

56 F.R. 8256, set out as a note under section 1691 of this title.

-MISC5-

PREPARATION OF ANNUAL REPORT

For provisions requiring Food Assistance Policy Council to

prepare annual report pursuant to subsec. (g)(1) (now (f)(1)) of

this section, see Ex. Ord. No. 12752, Sec. 3(c), Feb. 25, 1991, 56

F.R. 8256, set out as a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1431 of this title.

-CITE-

7 USC Sec. 1736b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736b. Expiration date

-STATUTE-

No agreements to finance sales or to provide other assistance

under this chapter shall be entered into after December 31, 2007.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 408, as added Pub. L.

89-808, Sec. 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L.

94-161, title II, Sec. 211, Dec. 20, 1975, 89 Stat. 854; Pub. L.

95-88, title II, Sec. 213, Aug. 3, 1977, 91 Stat. 551; Pub. L.

95-113, title XII, Sec. 1207, Sept. 29, 1977, 91 Stat. 957; Pub. L.

96-470, title II, Sec. 213, Oct. 19, 1980, 94 Stat. 2246; Pub. L.

97-98, title XII, Sec. 1215, Dec. 22, 1981, 95 Stat. 1282; Pub. L.

99-83, title X, Sec. 1006, Aug. 8, 1985, 99 Stat. 271; Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3653; Pub.

L. 104-127, title II, Sec. 217, Apr. 4, 1996, 110 Stat. 957; Pub.

L. 107-171, title III, Sec. 3012, May 13, 2002, 116 Stat. 284.)

-MISC1-

PRIOR PROVISIONS

Provisions covering the termination date for agreements to

finance sales under subchapter II and programs of assistance under

subchapter III were covered by section 1736c of this title prior to

amendment of that section by Pub. L. 101-624, and by sections 1709,

1724 of this title prior to the amendment of those sections by Pub.

L. 89-808.

AMENDMENTS

2002 - Pub. L. 107-171 substituted ''2007'' for ''2002''.

1996 - Pub. L. 104-127 substituted ''2002'' for ''1995''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions relating to Presidential reports

to Congress concerning activities carried out under this chapter, a

global assessment of food production and needs and planned

programming of food assistance, and a comparative cross-country

evaluation of programs conducted under portions of this chapter,

provisions requiring the Secretary to issue revised regulations

governing operations of subchapter II of this chapter, and

provisions relating to the delivery of bagged commodities.

1985 - Subsec. (b). Pub. L. 99-83 inserted reference to

subchapter III in two places.

1981 - Subsec. (a). Pub. L. 97-98 substituted ''February 15'' for

''April 1''.

1980 - Subsec. (b). Pub. L. 96-470 struck out requirement that

the President submit a report not later than March 31 of each year.

1977 - Subsec. (b). Pub. L. 95-88 substituted provisions that,

not later than September 30 of each year, the President submit to

the Congress a report containing a global assessment of food

production and needs and setting forth planned programing of food

assistance under subchapter II of this chapter for the coming

fiscal year, and that, not later than December 31, March 31, and

June 30 of each year, the President submit a report to the Congress

showing the current status of planned programing of food assistance

under subchapter II of this chapter for the current fiscal year,

for provisions that, in his presentation to the Congress of planned

programing of food assistance for each fiscal year, the President

include a global assessment of food production and needs, self-help

steps which are being taken by food-short countries under section

1709(a) of this title, steps which are being taken to encourage

other countries to increase their participation in food assistance

or the financing of food assistance, and the relationship between

food assistance provided to each country under this chapter and

other foreign assistance provided to such country by the United

States and other donors.

Subsec. (c). Pub. L. 95-88 substituted provisions that, beginning

Oct. 1, 1978, and at each five-year interval thereafter, the

President submit to the Congress a comparative cross-country

evaluation of programs conducted under subchapters I, III, and

III-A of this chapter, and that such evaluations cover no fewer

than five countries sampled from the developing regions (Asia,

Africa, Latin America, and Caribbean), and assess the nutritional

and other impacts, achievements, problems, and future prospects for

programs thereunder, for provisions that, not later than November 1

of each calendar year the President submit to the House Committee

on Agriculture, the House Committee on International Relations, the

Senate Committee on Agriculture and Forestry, and the Senate

Committee on Foreign Relations a revised global assessment of food

production and needs, and revised planned programming of food

assistance for the current fiscal year, to reflect, to the maximum

extent feasible, the actual availability of commodities for food

assistance.

Subsecs. (d), (e). Pub. L. 95-113 added subsecs. (d) and (e).

1975 - Pub. L. 94-161 designated existing provisions as subsec.

(a), substituted ''fiscal'' for ''calendar'' in first sentence, and

added subsecs. (b) and (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENTS

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section

215 of Pub. L. 95-88, set out as a note under section 1702 of this

title.

EFFECTIVE DATE

Section effective Jan. 1, 1967, see section 5 of Pub. L. 89-808,

set out as an Effective Date of 1966 Amendment note under section

1691 of this title.

-CITE-

7 USC Sec. 1736c, 1736d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736c, 1736d. Repealed. Pub. L. 104-127, title II, Sec. 218,

219, Apr. 4, 1996, 110 Stat. 957

-MISC1-

Section 1736c, act July 10, 1954, ch. 469, title IV, Sec. 409, as

added Nov. 11, 1966, Pub. L. 89-808, Sec. 2(E), 80 Stat. 1537;

amended July 29, 1968, Pub. L. 90-436, Sec. 1, 82 Stat. 450; Nov.

30, 1970, Pub. L. 91-524, title VII, Sec. 701, 84 Stat. 1379; Aug.

10, 1973, Pub. L. 93-86, Sec. 1(26), 87 Stat. 237; Sept. 29, 1977,

Pub. L. 95-113, title XII, Sec. 1208, 91 Stat. 957; Dec. 22, 1981,

Pub. L. 97-98, title XII, Sec. 1216, 95 Stat. 1282; Dec. 23, 1985,

Pub. L. 99-198, title XI, Sec. 1105, 99 Stat. 1466; Nov. 28, 1990,

Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3653; Dec. 13,

1991, Pub. L. 102-237, title III, Sec. 322, 105 Stat. 1857,

required promulgation of regulations to implement chapter not later

than 180 days after Nov. 28, 1990.

Section 1736d, act July 10, 1954, ch. 469, title IV, Sec. 410, as

added Nov. 11, 1966, Pub. L. 89-808, Sec. 2(E), 80 Stat. 1538;

amended Nov. 28, 1990, Pub. L. 101-624, title XV, Sec. 1512, 104

Stat. 3653; Dec. 13, 1991, Pub. L. 102-237, title III, Sec. 322,

105 Stat. 1857, provided for independent evaluation of programs

under subchapters II, III, and III-A of this chapter and report to

Congress.

-CITE-

7 USC Sec. 1736e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736e. Debt forgiveness

-STATUTE-

(a) Authority

The President, taking into account the financial resources of a

country, may waive payments of principal and interest that such

country would otherwise be required to make to the Commodity Credit

Corporation under dollar sales agreements under subchapter II of

this chapter if -

(1) that country is a least developed country; and

(2) either -

(A) an International Monetary Fund standby agreement is in

effect with respect to that country;

(B) a structural adjustment program of the International Bank

for Reconstruction and Development or of the International

Development Association is in effect with respect to that

country;

(C) a structural adjustment facility, enhanced structural

adjustment facility, or similar supervised arrangement with the

International Monetary Fund is in effect with respect to that

country; or

(D) even though such an agreement, program, facility, or

arrangement is not in effect, the country is pursuing national

economic policy reforms that would promote democratic,

market-oriented, and long term economic development.

(b) Request for debt relief by President

The President may provide debt relief under subsection (a) of

this section only if a notification is submitted to Congress at

least 10 days prior to providing the debt relief. Such a

notification shall -

(1) specify the amount of official debt the President proposes

to liquidate; and

(2) identify the countries for which debt relief is proposed

and the basis for their eligibility for such relief.

(c) Appropriations action required

The aggregate amount of principal and interest waived under this

section may not exceed the amount approved for such purpose in an

Act appropriating funds to carry out this chapter.

(d) Limitation on new credit assistance

If the authority of this section is used to waive payments

otherwise required to be made by a country pursuant to this

chapter, the President may not provide any new credit assistance

for that country under this chapter during the 2-year period

beginning on the date such waiver authority is exercised, unless

the President provides to the Congress, before the assistance is

provided, a written justification for the provision of such new

credit assistance.

(e) Applicability

The authority of this section applies with respect to credit

sales agreements entered into before November 28, 1990.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 411, as added Pub. L.

91-524, title VII, Sec. 704, Nov. 30, 1970, as added Pub. L. 93-86,

Sec. 1(26), Aug. 10, 1973, 87 Stat. 237; amended Pub. L. 101-624,

title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3654; Pub. L.

102-237, title III, Sec. 322, 326, 336, Dec. 13, 1991, 105 Stat.

1857, 1859.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-237, Sec. 326, substituted

''subchapter II of this chapter'' for ''this subchapter'' in

introductory provisions.

Subsec. (b). Pub. L. 102-237, Sec. 336, inserted ''at least 10

days prior to providing the debt relief'' before period at end of

first sentence.

Subsec. (e). Pub. L. 102-237, Sec. 322, substituted ''November

28, 1990'' for ''the date of enactment of this Act''.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions prohibiting assistance under

subchapters II, III and III-A of this chapter to North Vietnam

after July 1, 1973, unless specifically authorized by Act of

Congress.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Agriculture, in consultation with Food Assistance Policy Council

and Department of the Treasury, by section 4(d) of Ex. Ord. No.

12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section

1691 of this title.

-MISC5-

RENEGOTIATION OF PAYMENT TERMS OF LOANS FOR SALE OF AGRICULTURAL

COMMODITIES

Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 147, provided

that: ''Title I of the Public Law 480 (7 U.S.C. 1701 et seq.)

program allowed for the repayment of loans for the sale of

agricultural commodities in foreign or local currencies until

December 31, 1971. Since that time, until the law was changed in

the 1985 farm bill (probably means Pub. L. 99-198, see Tables for

classification), all sales have been on dollar credit terms. In

view of the present financial situation, it is impossible for many

countries to repay their loans in dollars. Therefore, the

President may use the authority in section 411 and section 604 of

the Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1736e, 1738c) to renegotiate the payment on Public Law 480

debt in eligible countries in Latin America, the Caribbean and

sub-Saharan Africa.''

-CITE-

7 USC Sec. 1736f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736f. Authorization of appropriations

-STATUTE-

(a) Reimbursement

There are authorized to be appropriated such sums as may be

necessary to carry out -

(1) the concessional credit sales program established under

subchapter II of this chapter;

(2) the emergency and private assistance program under

subchapter III of this chapter; and

(3) the grant program established under subchapter III-A of

this chapter,

including such amounts as may be required to make payments to the

Commodity Credit Corporation to the extent the Commodity Credit

Corporation is not reimbursed under the programs under this chapter

for the actual costs incurred or to be incurred by such Corporation

in carrying out such programs.

(b) Transfer of funds

(1) In general

Except as provided in paragraph (2) and notwithstanding any

other provision of law, the President may direct that up to 15

percent of the funds available for any fiscal year for carrying

out any subchapter of this chapter be used to carry out any other

subchapter of this chapter.

(2) Subchapter III-A funds

The President may direct that up to 50 percent of the funds

available for any fiscal year for carrying out subchapter III-A

of this chapter be used to carry out subchapter III of this

chapter.

(c) Budget

In presenting the Budget of the United States, the President

shall classify expenditures under this chapter as expenditures for

international affairs and finance rather than for agriculture and

agricultural resources.

(d) Value of commodities

Notwithstanding any other provision of law, in determining the

reimbursement due the Commodity Credit Corporation for all expenses

incurred under this chapter, commodities from the inventory of the

Commodity Credit Corporation that were acquired under dairy price

support operations shall be valued at a price not greater than the

export market price for such commodities, as determined by the

Secretary, as of the time such commodity is made available under

this chapter.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 412, as added Pub. L.

94-161, title II, Sec. 212, Dec. 20, 1975, 89 Stat. 855; amended

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3655; Pub. L. 104-127, title II, Sec. 220, Apr. 4, 1996, 110 Stat.

958; Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 768), Oct. 28,

2000, 114 Stat. 1549, 1549A-45.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-387 substituted ''dairy price

support operations'' for ''title I of the Agricultural Act of 1949

(7 U.S.C. 1421 et seq.)''.

1996 - Subsec. (b). Pub. L. 104-127, Sec. 220(1), added subsec.

(b) and struck out heading and text of former subsec. (b). Text

read as follows: ''Of the amounts made available in each fiscal

year to carry out subchapters II and III-A of this chapter, not

less than -

''(1) 40 percent shall be made available to carry out the

credit sales program established under subchapter II of this

chapter; and

''(2) 40 percent shall be made available to carry out the grant

program established under subchapter III-A of this chapter.''

Subsecs. (c) to (e). Pub. L. 104-127, Sec. 220, redesignated

subsecs. (d) and (e) as (c) and (d), respectively, and struck out

heading and text of former subsec. (c). Text read as follows:

''Notwithstanding any other provision of law and except as provided

in subsection (b) of this section, if the President determines it

to be necessary for purposes of this chapter, the President may

direct that not in excess of 15 percent of the funds available in

any fiscal year for carrying out any subchapter of this chapter be

used to carry out any other subchapter of this chapter.''

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions authorizing President to seek

agreement for international food reserve, with costs to be shared

equitably among nations, and with safeguards against price

disruptions.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b) of this section

delegated to Director of the Office of Management and Budget by

section 4(e) of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256,

set out as a note under section 1691 of this title.

-CITE-

7 USC Sec. 1736f-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736f-1. Establishment of commodity trust

-STATUTE-

(a) In general

To provide for a trust solely to meet emergency humanitarian food

needs in developing countries, the Secretary of Agriculture

(referred to in this section as the ''Secretary'') shall establish

a trust stock of wheat, rice, corn, or sorghum, or any combination

of the commodities, totaling not more than 4,000,000 metric tons

for use as described in subsection (c) of this section.

(b) Commodities or funds in trust

(1) In general

The trust established under this section shall consist of -

(A) wheat in the reserve established under the Food Security

Wheat Reserve Act of 1980 as of April 4, 1996;

(B) wheat, rice, corn, and sorghum (referred to in this

section as ''eligible commodities'') acquired in accordance

with paragraph (2) to replenish eligible commodities released

from the trust, including wheat to replenish wheat released

from the reserve established under the Food Security Wheat

Reserve Act of 1980 but not replenished as of April 4, 1996;

(C) such rice, corn, and sorghum as the Secretary may, at

such time and in such manner as the Secretary determines

appropriate, acquire as a result of exchanging an equivalent

value of wheat in the trust established under this section; and

(D) funds made available under paragraph (2)(B) which shall

be used solely to replenish commodities in the trust.

(2) Replenishment of trust

(A) In general

Subject to subsection (h) of this section, commodities of

equivalent value to eligible commodities in the trust

established under this section may be acquired -

(i) through purchases -

(I) from producers; or

(II) in the market, if the Secretary determines that the

purchases will not unduly disrupt the market; or

(ii) by designation by the Secretary of stocks of eligible

commodities of the Commodity Credit Corporation.

(B) Funds

Any funds used to acquire eligible commodities through

purchases from producers or in the market to replenish the

trust shall be derived -

(i) with respect to fiscal years 2000 through 2007 from

funds made available to carry out the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1691 et

seq.) that are used to repay or reimburse the Commodity

Credit Corporation for the release of eligible commodities

under subsections (c)(2) and (f)(2) of this section, except

that, of such funds, not more than $20,000,000 may be

expended for this purpose in each of the fiscal years 2000

through 2007; and

(ii) from funds authorized for that use by an

appropriations Act.

(c) Release of eligible commodities

(1) Emergency assistance

(A) In general

Notwithstanding paragraph (2), to meet unanticipated need,

the Secretary may release eligible commodities in any fiscal

year, without regard to the availability of domestic supply of

the commodities, to provide emergency assistance to developing

countries under title II of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1721 et seq.).

(B) Release for emergency assistance

If the eligible commodities needed to meet unanticipated need

cannot be made available in a timely manner under normal means

for obtaining eligible commodities for food assistance because

of unanticipated need for emergency assistance as provided

under section 202(a) of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1722(a)), the Secretary may in

any fiscal year release from the trust -

(i) up to 500,000 metric tons of wheat or the equivalent

value of eligible commodities other than wheat; and

(ii) up to 500,000 metric tons of any eligible commodities

under this paragraph that could have been released but were

not released in prior fiscal years.

(C) Waiver of minimum tonnage requirements

Nothing in this paragraph shall require a waiver under

section 204(a)(3) of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) as a prerequisite

for the release of eligible commodities under this paragraph.

(2) Emergency food assistance

(A) In general

Notwithstanding any other provision of law, eligible

commodities designated or acquired for the trust established

under this section may be released by the Secretary to provide,

on a donation or sale basis, emergency food assistance to

developing countries at such time as the domestic supply of the

eligible commodities is so limited that quantities of the

eligible commodities cannot be made available for disposition

under the Agricultural Trade Development and Assistance Act of

1954 (7 U.S.C. 1691 et seq.) (other than disposition for urgent

humanitarian purposes under section 401 of the Act (7 U.S.C.

1731)).

(B) Limitation

The Secretary may release eligible commodities under

subparagraph (A) only to the extent such release is consistent

with maintaining the long-term value of the trust.

(3) Processing of eligible commodities

Eligible commodities that are released from the trust

established under this section may be processed in the United

States and shipped to a developing country when conditions in the

recipient country require processing.

(4) Exchange

The Secretary may exchange an eligible commodity for another

United States commodity of equal value, including powdered milk,

pulses, and vegetable oil.

(5) Use of normal commercial practices

To the maximum extent practicable consistent with the

fulfillment of the purposes of this section and the effective and

efficient administration of this section, the Secretary shall use

the usual and customary channels, facilities, arrangements, and

practices of trade and commerce to carry out this subsection.

(d) Management of eligible commodities

The Secretary shall provide -

(1) for the management of eligible commodities in the trust

established under this section as to location and quality of

eligible commodities needed to meet emergency situations;

(2) for the periodic rotation or replacement of stocks of

eligible commodities in the trust to avoid spoilage and

deterioration of the commodities; and

(3) subject to the need for release of commodities from the

trust under subsection (c)(1) of this section, for the management

of the trust to preserve the value of the trust through

acquisitions under subsection (b)(2) of this section.

(e) Treatment of trust under other law

Eligible commodities in the trust established under this section

shall not be -

(1) considered a part of the total domestic supply (including

carryover) for the purpose of subsection (c) of this section or

for the purpose of administering the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.);

and

(2) subject to any quantitative limitation on exports that may

be imposed under section 2406 of title 50, Appendix.

(f) Use of Commodity Credit Corporation

(1) In general

Subject to the limitations provided in this section, the funds,

facilities, and authorities of the Commodity Credit Corporation

shall be used by the Secretary in carrying out this section,

except that any restriction applicable to the acquisition,

storage, or disposition of eligible commodities owned or

controlled by the Commodity Credit Corporation shall not apply.

(2) Reimbursement of trust

(A) In general

The Commodity Credit Corporation shall be reimbursed for the

release of eligible commodities from funds made available to

carry out the Agricultural Trade Development and Assistance Act

of 1954 (7 U.S.C. 1691 et seq.) and the funds shall be

available to replenish the trust under subsection (b) of this

section.

(B) Basis for reimbursement

The reimbursement shall be made on the basis of the lesser of

-

(i) the actual costs incurred by the Commodity Credit

Corporation with respect to the eligible commodity; or

(ii) the export market price of the eligible commodity (as

determined by the Secretary) as of the time the eligible

commodity is released from the trust.

(C) Source of funds

The reimbursement may be made from funds appropriated for

subsequent fiscal years.

(g) Finality of determination

Any determination by the Secretary under this section shall be

final.

(h) Termination of authority

(1) In general

The authority to replenish stocks of eligible commodities to

maintain the trust established under this section shall terminate

on September 30, 2007.

(2) Disposal of eligible commodities

Eligible commodities remaining in the trust after September 30,

2007, shall be disposed of by release for use in providing for

emergency humanitarian food needs in developing countries as

provided in this section.

-SOURCE-

(Pub. L. 96-494, title III, Sec. 302, as added Pub. L. 104-127,

title II, Sec. 225(a), Apr. 4, 1996, 110 Stat. 959; amended Pub. L.

105-385, title II, Sec. 212(a), (b)(3), Nov. 13, 1998, 112 Stat.

3465, 3467; Pub. L. 107-171, title III, Sec. 3202, May 13, 2002,

116 Stat. 300.)

-REFTEXT-

REFERENCES IN TEXT

The Food Security Wheat Reserve Act of 1980, referred to in

subsec. (b)(1)(A), (B), is title III of the Agricultural Act of

1980, Pub. L. 96-494, Dec. 3, 1980, 94 Stat. 2578, which enacted

former section 1736f-1 of this title and provisions set out as

notes under that section, prior to the general amendment of title

III by Pub. L. 104-127, title II, Sec. 225(a), Apr. 4, 1996, 110

Stat. 959.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsecs. (b)(2)(B)(i), (c)(1)(A), (2), (e)(1), and

(f)(2)(A), is act July 10, 1954, ch. 469, 68 Stat. 454, as amended,

which is classified generally to this chapter (Sec. 1691 et seq.).

Title II of the Act is classified to subchapter III (Sec. 1721 et

seq.) of this chapter. For complete classification of this Act to

the Code, see Short Title note set out under section 1691 of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Bill Emerson Humanitarian

Trust Act which is title III of the Agricultural Act of 1980, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-MISC3-

PRIOR PROVISIONS

A prior section 1736f-1, Pub. L. 96-494, title III, Sec. 302,

Dec. 3, 1980, 94 Stat. 2578; Pub. L. 99-198, title X, Sec. 1013,

Dec. 23, 1985, 99 Stat. 1456; Pub. L. 101-624, title XI, Sec. 1143,

title XV, Sec. 1515(c), Nov. 28, 1990, 104 Stat. 3515, 3663,

established food security wheat reserve, prior to general amendment

of title III of Pub. L. 96-494 by Pub. L. 104-127, Sec. 225(a).

AMENDMENTS

2002 - Subsec. (b)(2)(B)(i). Pub. L. 107-171 substituted ''2007''

for ''2002'' in two places.

Subsec. (h). Pub. L. 107-171 substituted ''2007'' for ''2002'' in

pars. (1) and (2).

1998 - Pub. L. 105-385, Sec. 212(b)(3)(A), substituted ''trust''

for ''reserve'' in section catchline.

Subsec. (a). Pub. L. 105-385, Sec. 212(b)(3)(B), substituted

''trust'' for ''reserve'' in two places.

Subsec. (b). Pub. L. 105-385, Sec. 212(a)(1)(A), (b)(3)(C)(i), in

heading inserted ''or funds'' after ''Commodities'' and substituted

''trust'' for ''reserve''.

Subsec. (b)(1). Pub. L. 105-385, Sec. 212(b)(3)(B), substituted

''trust'' for ''reserve'' in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 105-385, Sec. 212(b)(3)(C)(ii),

substituted ''trust,'' for ''reserve,''.

Subsec. (b)(1)(C). Pub. L. 105-385, Sec. 212(b)(3)(B),

substituted ''trust'' for ''reserve''.

Subsec. (b)(1)(D). Pub. L. 105-385, Sec. 212(a)(1)(B), added

subpar. (D).

Subsec. (b)(2). Pub. L. 105-385, Sec. 212(b)(3)(C)(iii),

substituted ''trust'' for ''reserve'' in heading.

Subsec. (b)(2)(A). Pub. L. 105-385, Sec. 212(b)(3)(B),

substituted ''trust'' for ''reserve'' in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 105-385, Sec. 212(a)(1)(C), added

subpar. (B) and struck out heading and text of former subpar. (B).

Text read as follows: ''Any use of funds to acquire eligible

commodities through purchases from producers or in the market to

replenish the reserve must be authorized in an appropriations

Act.''

Subsec. (c)(1)(B). Pub. L. 105-385, Sec. 212(b)(3)(B),

substituted ''trust'' for ''reserve'' in introductory provisions.

Subsec. (c)(2). Pub. L. 105-385, Sec. 212(a)(2), (b)(3)(B),

designated existing provisions as subpar. (A), inserted heading,

substituted ''trust'' for ''reserve'', and added subpar. (B).

Subsecs. (c)(3), (d)(1), (2). Pub. L. 105-385, Sec. 212(b)(3)(B),

substituted ''trust'' for ''reserve''.

Subsec. (d)(3). Pub. L. 105-385, Sec. 212(a)(3), added par. (3).

Subsec. (e). Pub. L. 105-385, Sec. 212(b)(3)(B), (D), substituted

''trust'' for ''reserve'' in heading and introductory provisions.

Subsec. (f)(2). Pub. L. 105-385, Sec. 212(a)(4)(A), inserted ''of

trust'' after ''Reimbursement'' in heading.

Subsec. (f)(2)(A). Pub. L. 105-385, Sec. 212(a)(4)(B), inserted

before period at end ''and the funds shall be available to

replenish the trust under subsection (b) of this section''.

Subsecs. (f)(2)(B)(ii), (h)(1), (2). Pub. L. 105-385, Sec.

212(b)(3)(B), substituted ''trust'' for ''reserve''.

EFFECTIVE DATE

Section 303 of title III of Pub. L. 96-494 provided that former

section 1736f-1 of this title and provisions set out as a note

under that section became effective on Dec. 3, 1980, prior to the

general amendment of title III of Pub. L. 96-494 by Pub. L.

104-127, Sec. 225(a).

SHORT TITLE

Section 301 of title III of Pub. L. 96-494, as added by Pub. L.

104-127, title II, Sec. 225(a), Apr. 4, 1996, 110 Stat. 959, and

amended by Pub. L. 105-385, title II, Sec. 212(b)(2), Nov. 13,

1998, 112 Stat. 3466, provided that: ''This title (enacting this

section) may be cited as the 'Bill Emerson Humanitarian Trust

Act'.''

A prior section 301 of title III of Pub. L. 96-494 provided that

title III (enacting former section 1736f-1 of this title and

provisions set out as a note under that section) could be cited as

the ''Food Security Wheat Reserve Act of 1980'', prior to the

general amendment of title III of Pub. L. 96-494 by Pub. L.

104-127, Sec. 225(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4001 of this title; title

46 App. section 1241f.

-CITE-

7 USC Sec. 1736g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736g. Coordination of foreign assistance programs

-STATUTE-

To the maximum extent practicable, assistance for a foreign

country under subchapter III-A of this chapter shall be coordinated

and integrated with United States development assistance objectives

and programs for that country and with the overall development

strategy of that country. Special emphasis should be placed on,

and funds devoted to, activities that will increase the nutritional

impact of programs of assistance under subchapter III-A of this

chapter, and child survival programs and projects, in least

developed countries by improving the design and implementation of

such programs and projects.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 413, as added Pub. L.

96-53, title II, Sec. 210, Aug. 14, 1979, 93 Stat. 370; amended

Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat.

3656; Pub. L. 104-127, title II, Sec. 221, Apr. 4, 1996, 110 Stat.

958.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-127 substituted ''subchapter III-A of this

chapter'' for ''this chapter'' in two places.

1990 - Pub. L. 101-624 amended section generally, substituting

present provisions for provisions requiring, to maximum extent

practicable, availability of commodities on multiyear basis.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section

1513 of Pub. L. 101-624, set out as a note under section 1691 of

this title.

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 512(a) of Pub. L.

96-53, set out as an Effective Date of 1979 Amendment note under

section 2151 of Title 22, Foreign Relations and Intercourse.

-CITE-

7 USC Sec. 1736g-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736g-1. Assistance in furtherance of narcotics control

objectives of United States

-STATUTE-

(a) Substantial injury

Local currencies that are made available for use under this

chapter may not be used to finance the production for export of

agricultural commodities (or products thereof) that would compete

in the world market with similar agricultural commodities (or

products thereof) produced in the United States, if such

competition would cause substantial injury to the United States

producers, as determined by the President.

(b) Exception for narcotics control

Notwithstanding subsection (a) of this section, the President may

provide assistance under this chapter, including assistance through

the use of local currencies generated by the sale of commodities

under such chapter, for economic development activities undertaken

in an eligible country that is a major illicit drug producing

country (as defined in section 2291(i)(2) (FOOTNOTE 1) of title

22), for the purpose of reducing the dependence of the economy of

such country on the production of crops from which narcotic and

psychotropic drugs are derived.

(FOOTNOTE 1) So in original. Probably should be section

''2291(e)(2)''.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 414, as added Pub. L.

101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3656.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 1, 1991, see section 1513 of Pub. L.

101-624, set out as an Effective Date of 1990 Amendment note under

section 1691 of this title.

-CITE-

7 USC Sec. 1736g-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736g-2. Micronutrient fortification programs

-STATUTE-

(a) In general

(1) Programs

Not later than September 30, 2003, the Administrator, in

consultation with the Secretary, shall establish micronutrient

fortification programs.

(2) Purpose

The purpose of a program shall be to -

(A) assist developing countries in correcting micronutrient

dietary deficiencies among segments of the populations of the

countries;

(B) encourage the development of technologies for the

fortification of grains and other commodities that are readily

transferable to developing countries; and

(C) assess and apply technologies and systems to improve and

ensure the quality, shelf life, bioavailability, and safety of

fortified food aid commodities, and products of those

commodities, that are provided to developing countries, by

using the same mechanism that was used to assess the

micronutrient fortification program in the report entitled

''Micronutrient Compliance Review of Fortified P.L. 480

Commodities'', published October 2001 with funds from the

Bureau for Humanitarian Response of the United States Agency

for International Development.

(b) Selection of participating countries

From among the countries eligible for assistance under this

chapter, the Secretary may select not more than 5 developing

countries to participate in a program under this section.

(c) Fortification

Under a program, grains and other commodities made available to a

developing country selected to participate in a program may be

fortified with 1 or more micronutrients (such as vitamin A, iron,

iodine, and folic acid) with respect to which a substantial portion

of the population in the country is deficient. The commodity may

be fortified in the United States or in the developing country.

(d) Termination of authority

The authority to carry out programs established under this

section shall terminate on September 30, 2007.

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 415, as added Pub. L.

104-127, title II, Sec. 222, Apr. 4, 1996, 110 Stat. 958; amended

Pub. L. 107-171, title III, Sec. 3013, May 13, 2002, 116 Stat.

284.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-171, Sec. 3013(1), substituted ''programs''

for ''pilot program'' in section catchline.

Subsec. (a). Pub. L. 107-171, Sec. 3013(2), designated first

sentence as par. (1), inserted heading, and substituted ''Not later

than September 30, 2003, the Administrator, in consultation with

the Secretary, shall establish micronutrient fortification

programs.'' for ''Subject to the availability of practical

technology and to cost effectiveness, not later than September 30,

1997, the Secretary, in consultation with the Administrator, shall

establish a micronutrient fortification pilot program under this

chapter.'', designated second sentence as par. (2), inserted

heading, and substituted ''The purpose of a program'' for ''The

purpose of the program'', redesignated former pars. (1) and (2) as

subpars. (A) and (B) of par. (2), respectively, struck out ''and''

at end of subpar. (A), struck out ''whole'' before ''grains and

other commodities'' and substituted ''; and'' for period at end of

subpar. (B), and added subpar. (C).

Subsec. (b). Pub. L. 107-171, Sec. 3013(3), substituted ''a

program under this section'' for ''the pilot program''.

Subsec. (c). Pub. L. 107-171, Sec. 3013(4), substituted ''a

program, grains'' for ''the pilot program, whole grains'', ''a

program may be fortified'' for ''the pilot program may be

fortified'', and ''(such as vitamin A, iron, iodine, and folic

acid)'' for ''(including vitamin A, iron, and iodine)''.

Subsec. (d). Pub. L. 107-171, Sec. 3013(5), substituted

''programs'' for ''the pilot program'' and ''2007'' for ''2002''.

-CITE-

7 USC Sec. 1736g-3 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736g-3. Use of certain local currency

-STATUTE-

Local currency payments received by the United States pursuant to

agreements entered into under subchapter II of this chapter (as in

effect on November 27, 1990) may be utilized by the Secretary in

accordance with section 1708 of this title (as in effect on

November 27, 1990).

-SOURCE-

(July 10, 1954, ch. 469, title IV, Sec. 416, as added Pub. L.

104-127, title II, Sec. 223, Apr. 4, 1996, 110 Stat. 958.)

-REFTEXT-

REFERENCES IN TEXT

Section 1708 of this title (as in effect on November 27, 1990),

referred to in text, was omitted in the general amendment of this

chapter by Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104

Stat. 3633.

-CITE-

7 USC Sec. 1736h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736h. Congressional consultation on bilateral commodity

supply agreements

-STATUTE-

As soon as practicable before the Government of the United States

enters into any bilateral international agreement, other than a

treaty, involving a commitment on the part of the United States to

assure access by a foreign country or instrumentality thereof to

United States agricultural commodities or products thereof on a

commercial basis, the President is encouraged to notify and consult

with the appropriate committees of Congress for the purpose of

setting forth in detail the terms of and reasons for negotiating

such agreement.

-SOURCE-

(Pub. L. 97-98, title XII, Sec. 1202, Dec. 22, 1981, 95 Stat.

1275.)

-COD-

CODIFICATION

Section was enacted as part of the Agriculture and Food Act of

1981, and not as part of the Agricultural Trade Development and

Assistance Act of 1954 which comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 1736i to 1736k 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736i to 1736k. Repealed. Pub. L. 101-624, title XV, Sec.

1573, Nov. 28, 1990, 104 Stat. 3702

-MISC1-

Section 1736i, Pub. L. 97-98, title XII, Sec. 1203, Dec. 22,

1981, 95 Stat. 1275, provided for a special standby export subsidy

program.

Section 1736j, Pub. L. 97-98, title XII, Sec. 1204, Dec. 22,

1981, 95 Stat. 1276; Pub. L. 99-198, title XI, Sec. 1133(b), Dec.

23, 1985, 99 Stat. 1489, provided for protection against

agricultural embargo. See section 5672 of this title.

Section 1736k, Pub. L. 97-98, title XII, Sec. 1205, Dec. 22,

1981, 95 Stat. 1277, provided for development of plans,

recommendations, and programs to alleviate the adverse impact of

export embargoes on agricultural commodities. See section 5672 of

this title.

-CITE-

7 USC Sec. 1736l 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736l. Consultation on grain marketing

-STATUTE-

Congress encourages the Secretary of Agriculture, in coordination

with other appropriate Federal departments and agencies, to

continue to consult with representatives of other major grain

exporting nations toward the goal of establishing more orderly

marketing of grain and achieving higher farm income for producers

of grain.

-SOURCE-

(Pub. L. 97-98, title XII, Sec. 1206, Dec. 22, 1981, 95 Stat.

1278.)

-COD-

CODIFICATION

Section was enacted as part of the Agriculture and Food Act of

1981, and not as part of the Agricultural Trade Development and

Assistance Act of 1954 which comprises this chapter.

-MISC3-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

-CITE-

7 USC Sec. 1736m, 1736n 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736m, 1736n. Repealed. Pub. L. 104-127, title II, Sec. 226,

266, Apr. 4, 1996, 110 Stat. 962, 974

-MISC1-

Section 1736m, Pub. L. 97-98, title XII, Sec. 1207, Dec. 22,

1981, 95 Stat. 1278; Pub. L. 99-198, title XI, Sec. 1126(c), Dec.

23, 1985, 99 Stat. 1482, related to expansion of international

markets for United States agricultural commodities and products.

Section 1736n, Pub. L. 97-98, title XII, Sec. 1208, Dec. 22,

1981, 95 Stat. 1280; Pub. L. 101-624, title XV, Sec. 1515(a), Nov.

28, 1990, 104 Stat. 3663, directed Secretary of Agriculture to

continue investigating potential for increased usage of protein

byproducts derived from alcohol fuel production and report results

to Congress.

-CITE-

7 USC Sec. 1736o 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736o. Food for progress

-STATUTE-

(a) Short title

This section may be cited as the ''Food for Progress Act of

1985''.

(b) Definitions

In this section:

(1) Cooperative

The term ''cooperative'' has the meaning given the term in

section 402 of the Agricultural Trade Development and Assistance

Act of 1954 (7 U.S.C. 1732).

(2) Corporation

The term ''Corporation'' means the Commodity Credit

Corporation.

(3) Developing country

The term ''developing country'' has the meaning given the term

in section 402 of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1732).

(4) Eligible commodity

The term ''eligible commodity'' means an agricultural

commodity, or a product of an agricultural commodity, in

inventories of the Corporation or acquired by the President or

the Corporation for disposition through commercial purchases

under a program authorized under this section.

(5) Eligible entity

The term ''eligible entity'' means -

(A) the government of an emerging agricultural country;

(B) an intergovernmental organization;

(C) a private voluntary organization;

(D) a nonprofit agricultural organization or cooperative;

(E) a nongovernmental organization; and

(F) any other private entity.

(6) Food security

The term ''food security'' means access by all people at all

times to sufficient food and nutrition for a healthy and

productive life.

(7) Nongovernmental organization

The term ''nongovernmental organization'' has the meaning given

the term in section 402 of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1732).

(8) Private voluntary organization

The term ''private voluntary organization'' has the meaning

given the term in section 402 of the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1732).

(9) Program

The term ''program'' means a food assistance or development

initiative proposed by an eligible entity and approved by the

President under this section.

(c) Program

In order to use the food resources of the United States more

effectively in support of developing countries, and countries that

are emerging democracies that have made commitments to introduce or

expand free enterprise elements in their agricultural economies

through changes in commodity pricing, marketing, input

availability, distribution, and private sector involvement, the

President may enter into agreements with eligible entities to

furnish to the countries eligible commodities made available under

subsections (e) and (f) of this section.

(d) Consideration for agreements

In determining whether to enter into an agreement under this

section, the President shall consider whether a potential recipient

country is committed to carry out, or is carrying out, policies

that promote economic freedom, private, domestic production of

eligible commodities for domestic consumption, and the creation and

expansion of efficient domestic markets for the purchase and sale

of such eligible commodities. Such policies may provide for, among

other things -

(1) access, on the part of farmers in the country, to private,

competitive markets for their product;

(2) market pricing of eligible commodities to foster adequate

private sector incentives to individual farmers to produce food

on a regular basis for the country's domestic needs;

(3) establishment of market-determined foreign exchange rates;

(4) timely availability of production inputs (such as seed,

fertilizer, or pesticides) to farmers;

(5) access to technologies appropriate to the level of

agricultural development in the country; and

(6) construction of facilities and distribution systems

necessary to handle perishable products.

(e) Funding of eligible commodities

(1) The Corporation shall make available to the President such

eligible commodities determined to be available under section 401

of the Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1731) as the President may request for purposes of

furnishing eligible commodities under this section.

(2) Notwithstanding any other provision of law, the Corporation

may use funds appropriated to carry out title I of the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et

seq.) in carrying out this section with respect to eligible

commodities made available under that Act (7 U.S.C. 1691), and

subsection (g) of this section does not apply to eligible

commodities furnished on a grant basis or on credit terms under

that title.

(3) The Corporation may finance the sale and exportation of

eligible commodities, made available under the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.),

which are furnished under this section. Payment for eligible

commodities made available under that Act which are purchased on

credit terms under this section shall be on the same basis as the

terms provided in section 103 of that Act (7 U.S.C. 1703).

(4) In the case of eligible commodities made available under the

Agricultural Trade Development and Assistance Act of 1954 for

purposes of this section, section 406 of that Act (7 U.S.C. 1736)

shall apply to eligible commodities furnished on a grant basis

under this section and sections 402, 403(a), 403(c), and 403(i) of

that Act (7 U.S.C. 1732, 1733(a), (c), (i)) shall apply to all

eligible commodities furnished under this section.

(5) No effect on domestic programs. - The President shall not

make an eligible commodity available for disposition under this

section in any amount that will reduce the amount of the eligible

commodity that is traditionally made available through donations to

domestic feeding programs or agencies, as determined by the

President.

(f) Provision of eligible commodities to developing countries

(1) The Corporation may provide for -

(A) grants, or

(B) sales on credit terms,

of eligible commodities made available under section 1431(b) of

this title for use in carrying out this section.

(2) In carrying out section 1431(b) of this title, the

Corporation may purchase eligible commodities for use under this

section if -

(A) the Corporation does not hold stocks of such eligible

commodities; or

(B) Corporation stocks are insufficient to satisfy commitments

made in agreements entered into under this section and such

eligible commodities are needed to fulfill such commitments.

(3) No funds of the Corporation in excess of $40,000,000

(exclusive of the cost of eligible commodities) may be used for

each of fiscal years 1996 through 2007 to carry out this section

with respect to eligible commodities made available under section

1431(b) of this title unless authorized in advance in appropriation

Acts.

(4) The cost of eligible commodities made available under section

1431(b) of this title which are furnished under this section, and

the expenses incurred in connection with furnishing such eligible

commodities, shall be in addition to the level of assistance

programmed under the Agricultural Trade Development and Assistance

Act of 1954 (7 U.S.C. 1691 et seq.) and may not be considered

expenditures for international affairs and finance.

(5) Sale procedure. - In making sales of eligible commodities

under this section, the Secretary shall follow the sale procedure

described in section 403(l) of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1733(l)).

(g) Minimum tonnage

Subject to subsection (f)(3) of this section, not less than

400,000 metric tons of eligible commodities may be provided under

this section for the program for each of fiscal years 2002 through

2007.

(h) Prohibition on resale or transshipment of eligible commodities

An agreement entered into under this section shall prohibit the

resale or transshipment of the eligible commodities provided under

the agreement to other countries.

(i) Displacement of United States commercial sales

In entering into agreements under this section, the President

shall take reasonable steps to avoid displacement of any sales of

United States commodities that would otherwise be made to such

countries.

(j) Multicountry or multiyear basis

(1) In general

In carrying out this section, the President, on request and

subject to the availability of eligible commodities, is

encouraged to approve agreements that provide for eligible

commodities to be made available for distribution or sale by the

recipient on a multicountry or multiyear basis if the agreements

otherwise meet the requirements of this section.

(2) Deadline for program announcements

Before the beginning of any fiscal year, the President shall,

to the maximum extent practicable -

(A) make all determinations concerning program agreements and

resource requests for programs under this section; and

(B) announce those determinations.

(3) Report

Not later than December 1 of each fiscal year, the President

shall submit to the Committee on Agriculture of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate a list of programs, countries, and

eligible commodities, and the total amount of funds for

transportation and administrative costs, approved to date for the

fiscal year under this section.

(k) Effective and termination dates

This section shall be effective during the period beginning

October 1, 1985, and ending December 31, 2007.

(l) Administrative expenses

(1) To enhance the development of private sector agriculture in

countries receiving assistance under this section the President

may, in each of the fiscal years 1996 through 2007, use in addition

to any amounts or eligible commodities otherwise made available

under this section for such activities, not to exceed $15,000,000

(or, in the case of fiscal year 1999, $12,000,000) of Corporation

funds (or eligible commodities of an equal value owned by the

Corporation), to provide assistance in the administration, sale,

and monitoring of food assistance programs, and to provide

technical assistance for monetization programs, to strengthen

private sector agriculture in recipient countries.

(2) To carry out this subsection, the President may provide

eligible commodities under agreements entered into under this

section in a manner that uses the commodity transaction as a means

of developing in the recipient countries a competitive private

sector that can provide for the importation, transportation,

storage, marketing and distribution of such eligible commodities.

(3) The President may use the assistance provided under this

subsection and proceeds derived from the sale of eligible

commodities under paragraph (2) to design, monitor, and administer

activities undertaken with such assistance, for the purpose of

strengthening or creating the capacity of recipient country private

enterprises to undertake commercial transactions, with the overall

goal of increasing potential markets for United States agricultural

eligible commodities.

(4) Humanitarian or development purposes

The Secretary may authorize the use of proceeds to pay the

costs incurred by an eligible entity under this section for -

(A)(i) programs targeted at hunger and malnutrition; or

(ii) development programs involving food security;

(B) transportation, storage, and distribution of eligible

commodities provided under this section; and

(C) administration, sales, monitoring, and technical

assistance.

(m) Presidential approval

In carrying out this section, the President shall approve, as

determined appropriate by the President, agreements with

agricultural trade organizations, intergovernmental organizations,

private voluntary organizations, and cooperatives that provide for

-

(1) the sale of eligible commodities, including the marketing

of eligible commodities through the private sector; and

(2) the use of the proceeds generated in the humanitarian and

development programs of such agricultural trade organizations,

intergovernmental organizations, private voluntary organizations,

and cooperatives.

(n) Program management

(1) In general

The President shall ensure, to the maximum extent practicable,

that each eligible entity participating in 1 or more programs

under this section -

(A) uses eligible commodities made available under this

section -

(i) in an effective manner;

(ii) in the areas of greatest need; and

(iii) in a manner that promotes the purposes of this

section;

(B) in using eligible commodities, assesses and takes into

account the needs of recipient countries and the target

populations of the recipient countries;

(C) works with recipient countries, and indigenous

institutions or groups in recipient countries, to design and

carry out mutually acceptable programs authorized under this

section; and

(D) monitors and reports on the distribution or sale of

eligible commodities provided under this section using methods

that, as determined by the President, facilitate accurate and

timely reporting.

(2) Requirements

(A) In general

Not later than 270 days after May 13, 2002, the President

shall review and, as necessary, make changes in regulations and

internal procedures designed to streamline, improve, and

clarify the application, approval, and implementation processes

pertaining to agreements under this section.

(B) Considerations

In conducting the review, the President shall consider -

(i) revising procedures for submitting proposals;

(ii) developing criteria for program approval that

separately address the objectives of the program;

(iii) pre-screening organizations and proposals to ensure

that the minimum qualifications are met;

(iv) implementing e-government initiatives and otherwise

improving the efficiency of the proposal submission and

approval processes;

(v) upgrading information management systems;

(vi) improving commodity and transportation procurement

processes; and

(vii) ensuring that evaluation and monitoring methods are

sufficient.

(C) Consultations

Not later than 1 year after May 13, 2002, the President shall

consult with the Committee on Agriculture, and the Committee on

International Relations, of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of the

Senate on changes made in regulations and procedures.

(3) Reports

Each eligible entity that enters into an agreement under this

section shall submit to the President, at such time as the

President may request, a report containing such information as

the President may request relating to the use of eligible

commodities and funds furnished to the eligible entity under this

section.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985, 99 Stat. 1472;

Pub. L. 100-418, title IV, Sec. 4303, Aug. 23, 1988, 102 Stat.

1397; Pub. L. 101-624, title XV, Sec. 1516, 1572(1), Nov. 28, 1990,

104 Stat. 3663, 3702; Pub. L. 102-237, title III, Sec. 335, Dec.

13, 1991, 105 Stat. 1859; Pub. L. 102-511, title VII, Sec. 701,

Oct. 24, 1992, 106 Stat. 3348; Pub. L. 104-127, title II, Sec. 227,

265(b), Apr. 4, 1996, 110 Stat. 962, 974; Pub. L. 105-277, div. A,

Sec. 101(a) (title XI, Sec. 1125), Oct. 21, 1998, 112 Stat. 2681,

2681-45; Pub. L. 107-171, title III, Sec. 3009(b)(2), 3106, May 13,

2002, 116 Stat. 283, 291.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsecs. (e) and (f)(4), is act July 10, 1954, ch.

469, 68 Stat. 454, as amended, which is classified generally to

this chapter (Sec. 1691 et seq.). Title I of the Act is classified

to subchapter II (Sec. 1701 et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1691 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Subsecs. (b), (c). Pub. L. 107-171, Sec. 3106(b)(1), added

heading and text of subsecs. (b) and (c) and struck out former

subsecs. (b) and (c) which read as follows:

''(b) In order to use the food resources of the United States

more effectively in support of developing countries, and countries

that are emerging democracies, that have made commitments to

introduce or expand free enterprise elements in their agricultural

economies through changes in commodity pricing, marketing, input

availability, distribution, and private sector involvement, the

President is authorized to enter into agreements with the

governments of such countries (including the independent states of

the former Soviet Union), or with private voluntary organizations,

nonprofit agricultural organizations, cooperatives,

intergovernmental organizations, or other private entities, to

furnish commodities made available pursuant to subsections (e) and

(f) of this section. Such agreements may provide for commodities

to be furnished on a multiyear basis.

''(c) As used in this section, the term 'commodities' means

agricultural commodities and the products thereof.''

Subsec. (d). Pub. L. 107-171, Sec. 3106(b)(2)(A), (D), (c),

inserted heading, in introductory provisions struck out ''food''

after ''domestic production of'' and substituted ''eligible

commodities'' for ''commodities'' in two places, and in par. (2)

substituted ''eligible commodities'' for ''commodities''.

Subsec. (e). Pub. L. 107-171, Sec. 3106(b)(2)(D), (E), (d),

inserted heading, substituted ''eligible commodities'' for

''commodities'' and ''Corporation'' for ''Commodity Credit

Corporation'' wherever appearing, inserted '', and subsection (g)

of this section does not apply to eligible commodities furnished on

a grant basis or on credit terms under that title'' before period

at end of par. (2), and added par. (5).

Subsec. (f). Pub. L. 107-171, Sec. 3106(b)(2)(D), (E), (e)(1),

inserted heading and substituted ''eligible commodities'' for

''commodities'' and ''Corporation'' for ''Commodity Credit

Corporation'' wherever appearing.

Subsec. (f)(3). Pub. L. 107-171, Sec. 3106(a), (b)(2)(D), (E),

substituted ''Corporation'' for ''Commodity Credit Corporation'',

''eligible commodities'' for ''commodities'' in two places, and

''2007'' for ''2002''.

Pub. L. 107-171, Sec. 3106(e)(2), which directed substitution of

''$40,000,000'' for ''$30,000,000 (or in the case of fiscal year

1999, $35,000,000)'', was executed by making the substitution for

''$30,000,000 (or, in the case of fiscal year 1999, $35,000,000)''

to reflect the probable intent of Congress.

Subsec. (f)(5). Pub. L. 107-171, Sec. 3009(b)(2), added par. (5).

Subsec. (g). Pub. L. 107-171, Sec. 3106(f), added subsec. (g) and

struck out former subsec. (g) which read as follows: ''Not more

than 500,000 metric tons of commodities may be furnished under this

section in each of the fiscal years 1986 through 2002.''

Subsec. (h). Pub. L. 107-171, Sec. 3106(b)(2)(D), (g), inserted

heading and substituted ''eligible commodities'' for

''commodities''.

Subsec. (i). Pub. L. 107-171, Sec. 3106(h), inserted heading.

Subsec. (j). Pub. L. 107-171, Sec. 3106(b)(2)(D), (i), inserted

heading, designated existing provisions as par. (1), inserted par.

(1) heading, struck out ''may'' after ''the President'',

substituted ''eligible commodities'' for ''commodities'' in two

places, ''is encouraged to approve'' for ''approve'', and

''multicountry or multiyear'' for ''multiyear'', and added pars.

(2) and (3).

Subsec. (k). Pub. L. 107-171, Sec. 3106(a), (j), inserted heading

and substituted ''2007'' for ''2002''.

Subsec. (l). Pub. L. 107-171, Sec. 3106(a), (b)(2)(B), (D), (E),

(k), inserted heading, substituted ''eligible commodities'' for

''commodities'' wherever appearing, in par. (1) substituted

''2007'' for ''2002'', ''$15,000,000'' for ''$10,000,000'', and

''Corporation'' for ''Commodity Credit Corporation'' after

''$12,000,000) of'', in par. (2) struck out ''agricultural'' after

''President may provide'', in par. (3) substituted ''proceeds'' for

''local currencies'', and added par. (4).

Subsec. (m). Pub. L. 107-171, Sec. 3106(b)(2)(C), (D), (l),

inserted heading and, in par. (1), substituted ''eligible

commodities'' for ''commodities'' in two places and struck out

''these'' after ''marketing of''.

Subsec. (n). Pub. L. 107-171, Sec. 3106(m), added subsec. (n) and

struck out former subsec. (n) which read as follows: ''During

fiscal year 1999, to the maximum extent practicable, the Secretary

shall utilize Private Voluntary Organizations to carry out this

section.''

Subsec. (o). Pub. L. 107-171, Sec. 3106(b)(2)(F), struck out

subsec. (o) which read as follows: ''As used in this section, the

term 'independent states of the former Soviet Union' means the

independent states of the former Soviet Union as defined in section

5602(8) of this title.''

1998 - Subsec. (f)(3). Pub. L. 105-277, Sec. 101(a) (title XI,

Sec. 1125(1)), inserted ''(or, in the case of fiscal year 1999,

$35,000,000)'' after ''$30,000,000''.

Subsec. (l)(1). Pub. L. 105-277, Sec. 101(a) (title XI, Sec.

1125(2)), inserted ''(or, in the case of fiscal year 1999,

$12,000,000)'' after ''$10,000,000''.

Subsecs. (n), (o). Pub. L. 105-277, Sec. 101(a) (title XI, Sec.

1125(3), (4)), added subsec. (n) and redesignated former subsec.

(n) as (o).

1996 - Subsec. (b). Pub. L. 104-127, Sec. 227(1), struck out

''(1)'' before ''In order to use'', inserted ''intergovernmental

organizations,'' after ''cooperatives,'', and struck out par. (2)

which read as follows: ''The annual tonnage limitation contained in

subsection (g) of this section shall not apply with respect to

commodities furnished to the independent states of the former

Soviet Union during fiscal year 1993.''

Subsec. (e)(3). Pub. L. 104-127, Sec. 265(b), substituted

''section 103'' for ''section 106''.

Subsec. (e)(4). Pub. L. 104-127, Sec. 227(2), substituted

''section 406'' for ''section 203''.

Subsec. (f)(1)(B). Pub. L. 104-127, Sec. 227(3)(A), struck out

''in the case of the independent states of the former Soviet

Union,'' before ''sales on credit terms,''.

Subsec. (f)(2) to (5). Pub. L. 104-127, Sec. 227(3)(B)-(D), in

par. (4), inserted ''for each of fiscal years 1996 through 2002''

after ''may be used'', redesignated pars. (3) to (5) as (2) to (4),

respectively, and struck out former par. (2) which read as follows:

''Not less than 75,000 metric tons shall be made available pursuant

to section 1431(b)(10)(C) of this title to carry out this section

unless the President determines there are an insufficient number of

eligible recipients.''

Subsec. (g). Pub. L. 104-127, Sec. 227(4), substituted ''2002''

for ''1995''.

Subsec. (j). Pub. L. 104-127, Sec. 227(5), substituted ''may''

for ''shall''.

Subsec. (k). Pub. L. 104-127, Sec. 227(6), substituted ''2002''

for ''1995''.

Subsec. (l)(1). Pub. L. 104-127, Sec. 227(7), substituted ''1996

through 2002'' for ''1991 through 1995'' and inserted '', and to

provide technical assistance for monetization programs,'' after

''monitoring of food assistance programs''.

Subsec. (m). Pub. L. 104-127, Sec. 227(8), in introductory

provisions, struck out ''with respect to the independent states of

the former Soviet Union'' after ''this section'' and substituted

''agricultural trade organizations, intergovernmental

organizations, private voluntary organizations, and cooperatives''

for ''private voluntary organizations and cooperatives'', and in

par. (2), struck out ''in the independent states'' after ''the

use'' and substituted ''agricultural trade organizations,

intergovernmental organizations, private voluntary organizations,

and cooperatives'' for ''private voluntary organizations and

cooperatives''.

1992 - Subsec. (b). Pub. L. 102-511, Sec. 701(1), designated

existing provisions as par. (1), inserted ''(including the

independent states of the former Soviet Union)'' after ''such

countries'', substituted ''cooperatives, or other private

entities'' for ''or cooperatives'', and added par. (2).

Subsec. (f)(1). Pub. L. 102-511, Sec. 701(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''Commodities made available under section 1431(b) of this title

for use in carrying out this section shall be provided on a grant

basis.''

Subsecs. (m) and (n). Pub. L. 102-511, Sec. 701(3), added

subsecs. (m) and (n).

1991 - Subsec. (k). Pub. L. 102-237, Sec. 335(1), (3),

redesignated subsec. (l) as (k) and struck out ''September 30,''

before ''December 31''.

Subsecs. (l), (m). Pub. L. 102-237, Sec. 335(2), (3),

redesignated subsec. (m) as (l) and substituted ''this section''

for ''this Act'' wherever appearing.

1990 - Subsec. (b). Pub. L. 101-624, Sec. 1516(1), substituted

''developing countries, and countries that are emerging

democracies, that'' for ''countries that'', and ''the governments

of such countries, or with private voluntary organizations,

nonprofit agricultural organizations, or cooperatives,'' for

''developing countries''.

Subsec. (d). Pub. L. 101-624, Sec. 1516(2), struck out ''with

countries'' before ''under this section'' in introductory

provisions.

Subsec. (e)(3). Pub. L. 101-624, Sec. 1516(3), struck out ''to a

developing country'' before ''under this section'', and ''by a

developing country'' before ''for commodities''.

Subsec. (e)(4). Pub. L. 101-624, Sec. 1516(4), struck out ''to a

developing country'' before ''under this section'' in two places,

and substituted ''sections 402, 403(a), 403(c), and 403(i)'' for

''section 401(b)''.

Subsec. (f)(1). Pub. L. 101-624, Sec. 1516(5), struck out ''to

developing countries'' before ''on a grant basis''.

Subsec. (g). Pub. L. 101-624, Sec. 1516(6), substituted ''1995''

for ''1990''.

Subsec. (j). Pub. L. 101-624, Sec. 1572(1), redesignated subsec.

(k) as (j) and struck out former subsec. (j) which read as follows:

''Within 90 days after the end of each fiscal year in which an

agreement under this section is in effect with respect to a

country, the President shall report to the House of Representatives

and the Committee on Agriculture, Nutrition, and Forestry of the

Senate on the status of such agreement and the progress being made

to implement private, free enterprise agricultural policies for

long-term agricultural development in such country.''

Pub. L. 101-624, Sec. 1516(7), struck out ''entered into with a

country'' before ''under this section'', and inserted ''with

respect to a country'' after ''effect''.

Subsec. (k). Pub. L. 101-624, Sec. 1572(1)(B), redesignated

subsec. (k) as (j).

Pub. L. 101-624, Sec. 1516(8), substituted ''the recipient'' for

''recipient countries''.

Subsec. (l). Pub. L. 101-624, Sec. 1516(9), substituted

''December 31, 1995'' for ''1990''.

Subsec. (m). Pub. L. 101-624, Sec. 1516(10), added subsec. (m).

1988 - Subsecs. (k), (l). Pub. L. 100-418 added subsec. (k) and

redesignated former subsec. (k) as (l).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Agriculture, by section 4(g) of Ex. Ord. No. 12752, Feb. 25,

1991, 56 F.R. 8256, set out as a note under section 1691 of this

title.

-EXEC-

EXECUTIVE ORDER NO. 12583

Ex. Ord. No. 12583, Feb. 19, 1987, 52 F.R. 5427, which related to

the delegation of functions relating to entering into agreements

with developing countries and waiving minimum tonnage requirements,

was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25, 1991, 56

F.R. 8256, set out as a note under section 1691 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431, 1733, 1736a of this

title; title 22 sections 5413, 5425.

-CITE-

7 USC Sec. 1736o-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736o-1. McGovern-Dole International Food for Education and

Child Nutrition Program

-STATUTE-

(a) Definition of agricultural commodity

In this section, the term ''agricultural commodity'' means an

agricultural commodity, or a product of an agricultural commodity,

that is produced in the United States.

(b) Program

Subject to subsection (l) of this section, the President may

establish a program, to be known as ''McGovern-Dole International

Food for Education and Child Nutrition Program'', requiring the

procurement of agricultural commodities and the provision of

financial and technical assistance to carry out -

(1) preschool and school food for education programs in foreign

countries to improve food security, reduce the incidence of

hunger, and improve literacy and primary education, particularly

with respect to girls; and

(2) maternal, infant, and child nutrition programs for pregnant

women, nursing mothers, infants, and children who are 5 years of

age or younger.

(c) Eligible commodities and cost items

Notwithstanding any other provision of law -

(1) any agricultural commodity is eligible to be provided under

this section;

(2) as necessary to achieve the purposes of this section, funds

appropriated under this section may be used to pay -

(A)(i) the cost of acquiring agricultural commodities;

(ii) the costs associated with packaging, enrichment,

preservation, and fortification of agricultural commodities;

(iii) the processing, transportation, handling, and other

incidental costs up to the time of the delivery of agricultural

commodities free on board vessels in United States ports;

(iv) the vessel freight charges from United States ports or

designated Canadian transshipment ports, as determined by the

Secretary, to designated ports of entry abroad;

(v) the costs associated with transporting agricultural

commodities from United States ports to designated points of

entry abroad in the case -

(I) of landlocked countries;

(II) of ports that cannot be used effectively because of

natural or other disturbances;

(III) of the unavailability of carriers to a specific

country; or

(IV) of substantial savings in costs or time that may be

effected by the utilization of points of entry other than

ports; and

(vi) the charges for general average contributions arising

out of the ocean transport of agricultural commodities

transferred pursuant thereto;

(B) all or any part of the internal transportation, storage,

and handling costs incurred in moving the eligible commodity,

if the President determines that -

(i) payment of the costs is appropriate; and

(ii) the recipient country is a low income, net

food-importing country that -

(I) meets the poverty criteria established by the

International Bank for Reconstruction and Development for

Civil Works Preference; and

(II) has a national government that is committed to or is

working toward, through a national action plan, the goals

of the World Declaration on Education for All convened in

1990 in Jomtien, Thailand, and the followup Dakar Framework

for Action of the World Education Forum, convened in 2000;

(C) the costs of activities conducted in the recipient

countries by a nonprofit voluntary organization, cooperative,

or intergovernmental agency or organization that would enhance

the effectiveness of the activities implemented by such

entities under this section; and

(D) the costs of meeting the allowable administrative

expenses of private voluntary organizations, cooperatives, or

intergovernmental organizations that are implementing

activities under this section.

(d) General authorities

The President shall designate 1 or more Federal agencies to -

(1) implement the program established under this section;

(2) ensure that the program established under this section is

consistent with the foreign policy and development assistance

objectives of the United States; and

(3) consider, in determining whether a country should receive

assistance under this section, whether the government of the

country is taking concrete steps to improve the preschool and

school systems in the country.

(e) Eligible entities

Assistance may be provided under this section to private

voluntary organizations, cooperatives, intergovernmental

organizations, governments of developing countries and their

agencies, and other organizations.

(f) Procedures

(1) In general

In carrying out subsection (b) of this section, the President

shall ensure that procedures are established that -

(A) provide for the submission of proposals by eligible

entities, each of which may include 1 or more recipient

countries, for commodities and other assistance under this

section;

(B) provide for eligible commodities and assistance on a

multiyear basis;

(C) ensure that eligible entities demonstrate the

organizational capacity and the ability to develop, implement,

monitor, report on, and provide accountability for activities

conducted under this section;

(D) provide for the expedited development, review, and

approval of proposals submitted in accordance with this

section;

(E) ensure monitoring and reporting by eligible entities on

the use of commodities and other assistance provided under this

section; and

(F) allow for the sale or barter of commodities by eligible

entities to acquire funds to implement activities that improve

the food security of women and children or otherwise enhance

the effectiveness of programs and activities authorized under

this section.

(2) Priorities for program funding

In carrying out paragraph (1) with respect to criteria for

determining the use of commodities and other assistance provided

for programs and activities authorized under this section, the

implementing agency may consider the ability of eligible entities

to -

(A) identify and assess the needs of beneficiaries,

especially malnourished or undernourished mothers and their

children who are 5 years of age or younger, and school-age

children who are malnourished, undernourished, or do not

regularly attend school;

(B)(i) in the case of preschool and school-age children,

target low-income areas where children's enrollment and

attendance in school is low or girls' enrollment and

participation in preschool or school is low, and incorporate

developmental objectives for improving literacy and primary

education, particularly with respect to girls; and

(ii) in the case of programs to benefit mothers and children

who are 5 years of age or younger, coordinate supplementary

feeding and nutrition programs with existing or

newly-established maternal, infant, and children programs that

provide health-needs interventions, including maternal,

prenatal, and postnatal and newborn care;

(C) involve indigenous institutions as well as local

communities and governments in the development and

implementation of the programs and activities to foster local

capacity building and leadership; and

(D) carry out multiyear programs that foster local

self-sufficiency and ensure the longevity of programs in the

recipient country.

(g) Use of Food and Nutrition Service

The Food and Nutrition Service of the Department of Agriculture

may provide technical advice on the establishment of programs under

subsection (b)(1) of this section and on implementation of the

programs in the field in recipient countries.

(h) Multilateral involvement

(1) In general

The President is urged to engage existing international food

aid coordinating mechanisms to ensure multilateral commitments

to, and participation in, programs similar to programs supported

under this section.

(2) Reports

The President shall annually submit to the Committee on

International Relations and the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report on the commitments

and activities of governments, including the United States

government, in the global effort to reduce child hunger and

increase school attendance.

(i) Private sector involvement

The President is urged to encourage the support and active

involvement of the private sector, foundations, and other

individuals and organizations in programs assisted under this

section.

(j) Graduation

An agreement with an eligible organization under this section

shall include provisions -

(1) to -

(A) sustain the benefits to the education, enrollment, and

attendance of children in schools in the targeted communities

when the provision of commodities and assistance to a recipient

country under a program under this section terminates; and

(B) estimate the period of time required until the recipient

country or eligible organization is able to provide sufficient

assistance without additional assistance under this section; or

(2) to provide other long-term benefits to targeted populations

of the recipient country.

(k) Requirement to safeguard local production and usual marketing

The requirement of section 1733(a) of this title applies with

respect to the availability of commodities under this section.

(l) Funding

(1) In general

Of the funds of the Commodity Credit Corporation, the President

shall use $100,000,000 for fiscal year 2003 to carry out this

section.

(2) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section for each of fiscal years 2004

through 2007.

(3) Administrative expenses

Funds made available to carry out this section may be used to

pay the administrative expenses of any Federal agency

implementing or assisting in the implementation of this section.

-SOURCE-

(Pub. L. 107-171, title III, Sec. 3107, May 13, 2002, 116 Stat.

295.)

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Agricultural Trade

Development and Assistance Act of 1954 which comprises this

chapter.

-EXEC-

IMPLEMENTATION OF SECTION 3107 OF THE FARM SECURITY AND RURAL

INVESTMENT ACT OF 2002, RELATING TO FOOD FOR EDUCATION AND CHILD

NUTRITION

Memorandum of President of the United States, Mar. 11, 2003, 68

F.R. 12569, provided:

Memorandum for the Secretary of Agriculture

Effective upon the publication of this memorandum in the Federal

Register, there is established the program relating to food for

education and child nutrition authorized by subsection 3107(b) of

the Farm Security and Rural Investment Act of 2002 (Public Law

107-171) (7 U.S.C. 17360-1 (1736o-1)). Pursuant to subsection

3107(d) of the Act, the Department of Agriculture is designated to

take actions specified in that subsection. The authorities and

duties of the President under section 3107 (except the authority to

designate under 3107(d)) are delegated to the Secretary of

Agriculture.

In the implementation of a program for which section 3107

provides, the Secretary of Agriculture shall consult as appropriate

with the Food Policy Assistance Council established by section 3 of

Executive Order 12752 of February 25, 1991, as amended (7 U.S.C.

1691 note), and such heads of Federal departments and agencies as

the Secretary determines appropriate.

You are authorized and directed to publish this memorandum in the

Federal Register. George W. Bush.

-CITE-

7 USC Sec. 1736p 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736p. Trade policy declaration

-STATUTE-

It is hereby declared to be the agricultural trade policy of the

United States to -

(1) be the premier supplier of agricultural and food products

to world markets and expand exports of high value products;

(2) support the principle of free trade and the promotion of

fair trade in agricultural commodities and products;

(3) cooperate fully in all efforts to negotiate with foreign

countries further reductions in tariff and nontariff barriers to

trade, including sanitary and phytosanitary measures and

trade-distorting subsidies;

(4) aggressively counter unfair foreign trade practices as a

means of encouraging fairer trade;

(5) remove foreign policy constraints to maximize United States

economic interests through agricultural trade; and

(6) provide for consideration of United States agricultural

trade interests in the design of national fiscal and monetary

policy that may foster continued strength in the value of the

dollar.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1121, Dec. 23, 1985, 99 Stat. 1480;

Pub. L. 104-127, title II, Sec. 267, Apr. 4, 1996, 110 Stat. 974.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-127 struck out subsec. (a) which stated

congressional findings regarding United States agricultural export

policy, struck out subsec. designation ''(b)'', and substituted

pars. (1) to (4) for former pars. (1) to (4) which read as follows:

''(1) provide through all means possible agricultural commodities

and their products for export at competitive prices, with full

assurance of quality and reliability of supply;

''(2) support the principle of free trade and the promotion of

fairer trade in agricultural commodities and their products;

''(3) cooperate fully in all efforts to negotiate with foreign

countries reductions in current barriers to fair trade;

''(4) counter aggressively unfair foreign trade practices using

all available means, including export restitution, export bonus

programs, and, if necessary, restrictions on United States imports

of foreign agricultural commodities and their products, as a means

to encourage fairer trade;''.

-CITE-

7 USC Sec. 1736q 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736q. Repealed. Pub. L. 104-127, title II, Sec. 268, Apr. 4,

1996, 110 Stat. 975

-MISC1-

Section, Pub. L. 99-198, title XI, Sec. 1122, Dec. 23, 1985, 99

Stat. 1480, related to liberalization of agricultural trade policy.

-CITE-

7 USC Sec. 1736r 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736r. Trade negotiations policy

-STATUTE-

(a) Findings

Congress finds that -

(1) on a level playing field, United States producers are the

most competitive suppliers of agricultural products in the world;

(2) exports of United States agricultural products accounted

for $54,000,000,000 in 1995, contributing a net $24,000,000,000

to the merchandise trade balance of the United States and

supporting approximately 1,000,000 jobs;

(3) increased agricultural exports are critical to the future

of the farm, rural, and overall United States economy, but the

opportunities for increased agricultural exports are limited by

the unfair subsidies of the competitors of the United States, and

a variety of tariff and nontariff barriers to highly competitive

United States agricultural products;

(4) international negotiations can play a key role in breaking

down barriers to United States agricultural exports;

(5) the Uruguay Round Agreement on Agriculture made significant

progress in the attainment of increased market access

opportunities for United States exports of agricultural products,

for the first time -

(A) restraining foreign trade-distorting domestic support and

export subsidy programs; and

(B) developing common rules for the application of sanitary

and phytosanitary restrictions;

that should result in increased exports of United States

agricultural products, jobs, and income growth in the United

States;

(6) the Uruguay Round Agreement on Agriculture did not succeed

in completely eliminating trade distorting domestic support and

export subsidies by -

(A) allowing the European Union to continue unreasonable

levels of spending on export subsidies; and

(B) failing to discipline monopolistic state trading

entities, such as the Canadian Wheat Board, that use

nontransparent and discriminatory pricing as a hidden de facto

export subsidy;

(7) during the period 1996 through 2002, there will be several

opportunities for the United States to negotiate fairer trade in

agricultural products, including further negotiations under the

World Trade Organization, and steps toward possible free trade

agreements of the Americas and Asian-Pacific Economic Cooperation

(APEC); and

(8) the United States should aggressively use these

opportunities to achieve more open and fair opportunities for

trade in agricultural products.

(b) Goals of the United States in agricultural trade negotiations

The objectives of the United States with respect to future

negotiations on agricultural trade include -

(1) increasing opportunities for United States exports of

agricultural products by eliminating tariff and nontariff

barriers to trade;

(2) leveling the playing field for United States producers of

agricultural products by limiting per unit domestic production

supports to levels that are no greater than those available in

the United States;

(3) ending the practice of export dumping by eliminating all

trade distorting export subsidies and disciplining state trading

entities so that they do not (except in cases of bona fide food

aid) sell in foreign markets at prices below domestic market

prices or prices below their full costs of acquiring and

delivering agricultural products to the foreign markets; and

(4) encouraging government policies that avoid price-depressing

surpluses.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1123, Dec. 23, 1985, 99 Stat. 1481;

Pub. L. 104-127, title II, Sec. 269, Apr. 4, 1996, 110 Stat. 975.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-127 amended section generally, substituting

present provisions for provisions relating to initiation and

pursuit of agricultural trade consultations among major

agricultural producing countries, providing for sense of Congress

concerning objectives of such consultations, and requiring annual

reports by Secretary of Agriculture on progress of such

consultations.

AGRICULTURAL TRADE NEGOTIATING OBJECTIVES AND CONSULTATIONS WITH

CONGRESS

Pub. L. 106-200, title IV, Sec. 409, May 18, 2000, 114 Stat. 295,

provided that:

''(a) Findings. - Congress finds that -

''(1) United States agriculture contributes positively to the

United States balance of trade and United States agricultural

exports support in excess of 1,000,000 United States jobs;

''(2) United States agriculture competes successfully worldwide

despite the fact that United States producers are at a

competitive disadvantage because of the trade distorting support

and subsidy practices of other countries and despite the fact

that significant tariff and nontariff barriers exist to United

States exports; and

''(3) a successful conclusion of the current World Trade

Organization agricultural negotiations is critically important to

the United States agricultural sector.

''(b) Objectives. - The agricultural trade negotiating objectives

of the United States with respect to the current World Trade

Organization agricultural negotiations include as matters of the

highest priority -

''(1) the expeditious elimination of all export subsidies

worldwide while maintaining bona fide food aid and preserving

United States market development and export credit programs that

allow the United States to compete with other foreign export

promotion efforts;

''(2) leveling the playing field for United States producers of

agricultural products by eliminating blue box subsidies and

disciplining domestic supports in a way that forces producers to

face world prices on all production in excess of domestic food

security needs while allowing the preservation of nontrade

distorting programs to support family farms and rural

communities;

''(3) the elimination of state trading enterprises or the

adoption of rigorous disciplines that ensure operational

transparency, competition, and the end of discriminatory pricing

practices, including policies supporting cross-subsidization and

price undercutting in export markets;

''(4) affirming that the World Trade Organization Agreement on

the Application of Sanitary and Phytosanitary Measures applies to

new technologies, including biotechnology, and that labeling

requirements to allow consumers to make choices regarding

biotechnology products or other regulatory requirements may not

be used as disguised barriers to trade;

''(5) increasing opportunities for United States exports of

agricultural products by reducing tariffs to the same levels that

exist in the United States or to lower levels and by eliminating

all nontariff barriers, including -

''(A) restrictive or trade distorting practices, including

those that adversely impact perishable or cyclical products;

''(B) restrictive rules in the administration of tariff-rate

quotas; and

''(C) other barriers to agriculture trade, including

unjustified restrictions or commercial requirements affecting

new technologies, including biotechnology;

''(6) eliminating government policies that create

price-depressing surpluses; and

''(7) strengthening dispute settlement procedures to ensure

prompt compliance by foreign governments with their World Trade

Organization obligations including commitments not to maintain

unjustified restrictions on United States exports.

''(c) Consultation With Congressional Committees. -

''(1) Consultation before offer made. - In developing and

before submitting an initial or revised negotiating proposal that

would reduce United States tariffs on agricultural products or

require a change in United States agricultural law, the United

States Trade Representative shall consult with the Committee on

Agriculture, Nutrition, and Forestry and the Committee on Finance

of the Senate and the Committee on Agriculture and the Committee

on Ways and Means of the House of Representatives.

''(2) Consultation with congressional trade advisers. - Prior

to and during the course of current negotiations on agricultural

trade, the United States Trade Representative shall consult

closely with the congressional trade advisers.

''(3) Consultation before agreement initialed. - Not less than

48 hours before initialing an agreement reached as part of

current World Trade Organization agricultural negotiations, the

United States Trade Representative shall consult closely with the

committees referred to in paragraph (1) regarding -

''(A) the details of the agreement;

''(B) the potential impact of the agreement on United States

agricultural producers; and

''(C) any changes in United States law necessary to implement

the agreement.

''(4) Disclosure of commitments. - Any agreement or other

understanding addressing agricultural trade with a foreign

government or governments (whether oral or in writing) that

relates to a trade agreement with respect to which Congress must

enact implementing legislation and that is not disclosed to

Congress before legislation implementing that agreement is

introduced in either House of Congress shall not be considered to

be part of the agreement approved by Congress and shall have no

force and effect under United States law or in any dispute

settlement body.

''(d) Sense of the Congress. - It is the sense of the Congress

that -

''(1) granting the President trade negotiating authority is

essential to the successful conclusion of the new round of World

Trade Organization agricultural negotiations;

''(2) reaching a successful agreement on agriculture should be

the top priority of United States negotiators; and

''(3) if by the conclusion of the negotiations, the primary

agricultural competitors of the United States do not agree to

reduce their trade distorting domestic supports and eliminate

export subsidies in accordance with the negotiating objectives

expressed in this section, the United States should take steps to

increase the leverage of United States negotiators and level the

playing field for United States producers.''

-CITE-

7 USC Sec. 1736s, 1736t 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736s, 1736t. Repealed. Pub. L. 101-624, title XV, Sec.

1572(3), Nov. 28, 1990, 104 Stat. 3702

-MISC1-

Section 1736s, Pub. L. 99-198, title XI, Sec. 1124, Dec. 23,

1985, 99 Stat. 1481; Pub. L. 99-260, Sec. 5, Mar. 20, 1986, 100

Stat. 49; Pub. L. 100-418, title IV, Sec. 4304, Aug. 23, 1988, 102

Stat. 1397; Pub. L. 101-239, title I, Sec. 1005(b), Dec. 19, 1989,

103 Stat. 2109, provided for targeted export assistance for fiscal

years 1986 through 1990.

Section 1736t, Pub. L. 99-198, title XI, Sec. 1125, Dec. 23,

1985, 99 Stat. 1482; Pub. L. 100-418, title IV, Sec. 4402(a), Aug.

23, 1988, 102 Stat. 1400, provided for short-term export credits.

EXPORT CREDIT GUARANTEE PROGRAM

Pub. L. 100-418, title IV, Sec. 4305, Aug. 23, 1988, 102 Stat.

1398, which stated the sense of Congress that, to the extent that

the Commodity Credit Corporation made a specified allocation of

credit guarantees available under the export credit guarantee

program referred to in section 1736t for short-term credit extended

to finance the export sales of United States agricultural

commodities and products, such allocation was to be made on a

country-only basis and not on a commodity basis or a commodity and

country basis, was repealed by Pub. L. 101-624, title XV, Sec.

1571, Nov. 28, 1990, 104 Stat. 3702.

-CITE-

7 USC Sec. 1736u 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736u. Cooperator market development program

-STATUTE-

(a) Sense of Congress

It is the sense of Congress that the cooperator market

development program of the Foreign Agricultural Service should be

continued to help develop new markets and expand and maintain

existing markets for United States agricultural commodities, using

nonprofit agricultural trade organizations to the maximum extent

practicable.

(b) Exemption from requirements of OMB circular

The cooperator market development program shall be exempt from

the requirements of Circular A 110 issued by the Office of

Management and Budget.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1126(a), (b), Dec. 23, 1985, 99

Stat. 1482.)

-COD-

CODIFICATION

Section consists of subsecs. (a) and (b) of section 1126 of Pub.

L. 99-198. Subsec. (c) of section 1126 amended section

1736m(a)(5)(B) of this title.

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-CITE-

7 USC Sec. 1736v to 1736x 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736v to 1736x. Repealed. Pub. L. 101-624, title XV, Sec.

1572(3), Nov. 28, 1990, 104 Stat. 3702

-MISC1-

Section 1736v, Pub. L. 99-198, title XI, Sec. 1127, Dec. 23,

1985, 99 Stat. 1483; Pub. L. 99-260, Sec. 6, Mar. 20, 1986, 100

Stat. 50; Pub. L. 100-418, title IV, Sec. 4306, Aug. 23, 1988, 102

Stat. 1398, provided for program to develop and expand markets for

United States agricultural commodities.

Section 1736w, Pub. L. 99-198, title XI, Sec. 1128, Dec. 23,

1985, 99 Stat. 1485, provided for program of export sales of

poultry, beef and pork meats and meat-food products for 1986

through 1989.

Section 1736x, Pub. L. 99-198, title XI, Sec. 1132, Dec. 23,

1985, 99 Stat. 1488; Pub. L. 100-418, title IV, Sec. 4307, Aug. 23,

1988, 102 Stat. 1398, provided for reports by agricultural

attacheAE1s. See section 1748 of this title.

-CITE-

7 USC Sec. 1736y 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736y. Contract sanctity and producer embargo protection

-STATUTE-

It is hereby declared to be the policy of the United States -

(1) to foster and encourage the export of agricultural

commodities and the products of such commodities;

(2) not to restrict or limit the export of such commodities and

products except under the most compelling circumstances;

(3) that any prohibition or limitation on the export of such

commodities or products should be imposed only in time of a

national emergency declared by the President under the Export

Administration Act (50 App. U.S.C. 2401 et seq.); and

(4) that contracts for the export of such commodities or

products entered into before the imposition of any prohibition or

limitation on the export of such commodities or products should

not be abrogated.

-SOURCE-

(Pub. L. 99-198, title XI, Sec. 1133(a), Dec. 23, 1985, 99 Stat.

1489.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act, referred to in par. (3), probably

means the Export Administration Act of 1979, Pub. L. 96-72, Sept.

29, 1979, 93 Stat. 503, as amended, which is classified principally

to section 2401 et seq. of the Appendix to Title 50, War and

National Defense. For complete classification of this Act to the

Code, see Short Title note set out under section 2401 of the

Appendix to Title 50 and Tables.

-COD-

CODIFICATION

Section is comprised of section 1133(a) of Pub. L. 99-198.

Section 1133(b) of Pub. L. 99-198 amended section 1736j of this

title.

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Trade Development and Assistance

Act of 1954 which comprises this chapter.

-CITE-

7 USC Sec. 1736z, 1736aa 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736z, 1736aa. Repealed. Pub. L. 101-624, title XV, Sec.

1572(3), Nov. 28, 1990, 104 Stat. 3702

-MISC1-

Section 1736z, Pub. L. 99-198, title XI, Sec. 1162, Dec. 23,

1985, 99 Stat. 1499, provided for a regular assessment of certain

projects and activities administered by the Secretary and

Department of Agriculture.

Section 1736aa, Pub. L. 99-198, title XI, Sec. 1167(d), Dec. 23,

1985, 99 Stat. 1503, provided for barter by exporters of

agricultural commodities and products for foreign products needed

by exporters.

-CITE-

7 USC Sec. 1736bb to 1736bb-6 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736bb to 1736bb-6. Repealed. Pub. L. 104-127, title II, Sec.

271(a), Apr. 4, 1996, 110 Stat. 976

-MISC1-

Section 1736bb, Pub. L. 100-202, Sec. 1, Dec. 22, 1987, 101 Stat.

1329-445; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23, 1988,

102 Stat. 1411, related to establishment of agricultural aid and

trade missions.

Section 1736bb-1, Pub. L. 100-202, Sec. 2, Dec. 22, 1987, 101

Stat. 1329-445, related to required and additional missions and

eligible countries.

Section 1736bb-2, Pub. L. 100-202, Sec. 3, Dec. 22, 1987, 101

Stat. 1329-446, related to functions of members of missions to

eligible countries.

Section 1736bb-3, Pub. L. 100-202, Sec. 4, Dec. 22, 1987, 101

Stat. 1329-446; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23,

1988, 102 Stat. 1411, related to mission reports.

Section 1736bb-4, Pub. L. 100-202, Sec. 5, Dec. 22, 1987, 101

Stat. 1329-446; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23,

1988, 102 Stat. 1411, related to quarterly progress reports on

implementing recommendations of missions.

Section 1736bb-5, Pub. L. 100-202, Sec. 6, Dec. 22, 1987, 101

Stat. 1329-447; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23,

1988, 102 Stat. 1411, related to authorization of appropriations.

Section 1736bb-6, Pub. L. 100-202, Sec. 7, Dec. 22, 1987, 101

Stat. 1329-447; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23,

1988, 102 Stat. 1411; Pub. L. 101-624, title XV, Sec. 1515(b), Nov.

28, 1990, 104 Stat. 3663; Pub. L. 102-237, title III, Sec. 307,

Dec. 13, 1991, 105 Stat. 1856, provided definitions for former

sections 1736bb to 1736bb-6.

INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO AGRICULTURAL

AID AND TRADE MISSIONS

Pub. L. 100-277, Sec. 7, Apr. 4, 1988, 102 Stat. 69, provided

that any agricultural aid and trade mission established under this

section and any other activity under sections 1736bb to 1736bb-6 of

this title were not to be considered advisory committee for

purposes of Federal Advisory Committee Act, 5 App. U.S.C., prior to

repeal by Pub. L. 104-127, title II, Sec. 271(b), Apr. 4, 1996, 110

Stat. 976.

-CITE-

7 USC Sec. 1736cc 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

-HEAD-

Sec. 1736cc. Repealed. Pub. L. 101-624, title XV, Sec. 1577, Nov.

28, 1990, 104 Stat. 3702

-MISC1-

Section, Pub. L. 101-220, Sec. 13, Dec. 12, 1989, 103 Stat. 1884,

prohibited duty drawback claims by exporters who used certain

export promotion programs.

-CITE-

7 USC SUBCHAPTER V - FARMER-TO-FARMER PROGRAM 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER V - FARMER-TO-FARMER PROGRAM

.

-HEAD-

SUBCHAPTER V - FARMER-TO-FARMER PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1727e of this title.

-CITE-

7 USC Sec. 1737 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE

SUBCHAPTER V - FARMER-TO-FARMER PROGRAM

-HEAD-

Sec. 1737. John Ogonowski Farmer-to-Farmer Program

-STATUTE-

(a) Definitions

In this section:

(1) Caribbean Basin country

The term ''Caribbean Basin country'' means a country eligible

for designation as a beneficiary country under section 2702 of

title 19.

(2) Emerging market

The term ''emerging market'' means a country that the Secretary

determines -

(A) is taking steps toward a market-oriented economy through

the food, agriculture, or rural business sectors of the economy

of the country; and

(B) has the potential to provide a viable and significant

market for United States agricultural commodities or products

of United States agricultural commodities.

(3) Middle income country

The term ''middle income country'' means a country that has

developed economically to the point at which the country does not

receive bilateral development assistance from the United States.

(4) Sub-Saharan African country

The term ''sub-Saharan African country'' has the meaning given

the term in section 3706 of title 19.

(b) Provision

Notwithstanding any other provision of law, to further assist

developing countries, middle-income countries, emerging markets,

sub-Saharan African countries, and Caribbean Basin countries to

increase farm production and farmer incomes, the President may -

(1) establish and administer a program, to be known as the

''John Ogonowski Farmer-to-Farmer Program'', of farmer-to-farmer

assistance between the United States and such countries to assist

in -

(A) increasing food production and distribution; and

(B) improving the effectiveness of the farming and marketing

operations of agricultural producers in those countries;

(2) use United States agricultural producers, agriculturalists,

colleges and universities (including historically black colleges

and universities, land grant colleges or universities, and

foundations maintained by colleges or universities), private

agribusinesses, private organizations (including grassroots

organizations with an established and demonstrated capacity to

carry out such a bilateral exchange program), private

corporations, and nonprofit farm organizations to work in

conjunction with agricultural producers and farm organizations in

those countries, on a voluntary basis -

(A) to improve agricultural and agribusiness operations and

agricultural systems in those countries, including improving -

(i) animal care and health;

(ii) field crop cultivation;

(iii) fruit and vegetable growing;

(iv) livestock operations;

(v) food processing and packaging;

(vi) farm credit;

(vii) marketing;

(viii) inputs; and

(ix) agricultural extension; and

(B) to strengthen cooperatives and other agricultural groups

in those countries;

(3) transfer the knowledge and expertise of United States

agricultural producers and businesses, on an individual basis, to

those countries while enhancing the democratic process by

supporting private and public agriculturally related

organizations that request and support technical assistance

activities through cash and in-kind services;

(4) to the maximum extent practicable, make grants to or enter

into contracts or other cooperative agreements with private

voluntary organizations, cooperatives, land grant universities,

private agribusiness, or nonprofit farm organizations to carry

out this section (except that any such contract or other

agreement may obligate the United States to make outlays only to

the extent that the budget authority for such outlays is

available under subsection (d) of this section or has otherwise

been provided in advance in appropriation Acts);

(5) coordinate programs established under this section with

other foreign assistance programs and activities carried out by

the United States; and

(6) to the extent that local currencies can be used to meet the

costs of a program established under this section, augment funds

of the United States that are available for such a program

through the use, within the country in which the program is being

conducted, of -

(A) foreign currencies that accrue from the sale of

agricultural commodities and products under this chapter; and

(B) local currencies generated from other types of foreign

assistance activities.

(c) Special emphasis on sub-Saharan African and Caribbean Basin

countries

(1) Findings

Congress finds that -

(A) agricultural producers in sub-Saharan African and

Caribbean Basin countries need training in agricultural

techniques that are appropriate for the majority of eligible

agricultural producers in those countries, including training

in -