CHAPTER 41 - FOOD FOR PEACE

Title 7 > CHAPTER 41

Sections (89)

§ 1691 United States policy

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— combat world hunger and malnutrition and their causes; promote broad-based, equitable, and sustainable development, including agricultural development; expand international trade; foster and encourage the development of private enterprise and democratic participation in developing countries; and prevent conflicts. ( July 10, 1954, ch. 469, § 2 , 68 Stat. 454 ; Pub. L. 89–808, § 2(A) , Nov. 11, 1966 , 80 Stat. 1526 ; Pub. L. 94–161, title II, § 201 , Dec. 20, 1975 , 89 Stat. 850 ; Pub. L. 99–198, title XI, § 1111(a) , Dec. 23, 1985 , 99 Stat. 1474 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3633 ; Pub. L. 107–171, title III, § 3001 , May 13, 2002 , 116 Stat. 280 ; Pub. L. 110–246, title III, § 3002 , June 18, 2008 , 122 Stat. 1821 .)

§ 1691a Food aid to developing countries

(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— in negotiations at the Food Aid Convention, the World Trade Organization, the United Nations Food and Agriculture Organization, and other appropriate venues, the President shall— seek commitments of higher levels of food aid by donors in order to meet the legitimate needs of developing countries; ensure, to the maximum extent practicable, that humanitarian nongovernmental organizations, recipient country governments, charitable bodies, and international organizations shall continue— to be eligible to receive resources based on assessments of need conducted by those organizations and entities; and to implement food aid programs in agreements with donor countries; and ensure, to the maximum extent practicable, that options for providing food aid for emergency and nonemergency needs shall not be subject to limitation, including in-kind commodities, provision of funds for agricultural commodity procurement, and monetization of commodities, on the condition that the provision of those commodities or funds— is based on assessments of need and intended to benefit the food security of, or otherwise assist, recipients, and is provided in a manner that avoids disincentives to local agricultural production and marketing and with minimal potential for disruption of commercial markets; and the United States should increase its contribution of bona fide food assistance to developing countries consistent with the Agreement on Agriculture.

§ 1692 Transferred

§§ 1693 to 1697 Repealed. Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535

§ 1701 Economic assistance and food security

(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.

§ 1702 Agreements regarding eligible countries and private entities

(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— 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 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.

§ 1703 Terms and conditions of sales

(a) Payment Except as provided in paragraph (2), agreements under this subchapter shall require that payment for agricultural commodities be made in dollars. 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 . 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.

§ 1704 Use of local currency payment

(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) may be used in the appropriate developing country, through agreements with recipient governments, private voluntary organizations, and cooperatives, for the following: To support— increased agricultural production, including availability of agricultural inputs, with emphasis on small farms, processing of agricultural commodities, forestry management, and land and water management; credit policies for private-sector agriculture development; establishment and expansion of institutions for basic and applied agricultural research and the use of such research through development of extension services; programs to control rodents, insects, weeds, and other animal or plant pests; and the improvement of the trade capacity of the recipient country. To make loans to United States business entities (including cooperatives) and branches, subsidiaries, or affiliates of such entities for development of agricultural businesses and agricultural trade capacity in such appropriate developing countries. To make loans to domestic or foreign entities (including cooperatives) for the establishment of facilities for aiding in the utilization or distribution of agricultural products. To promote agricultural trade development, under procedures established by the Secretary, by making loans or through other activities (including trade fairs to promote agricultural products produced in appropriate developing countries) that the Secretary determines to be appropriate. To conduct private sector agricultural trade development activities in the appropriate developing country, as determined appropriate by the Secretary. To conduct research in agriculture, forestry, and aquaculture, including collaborative research which is mutually beneficial to the United States and the appropriate developing country. To make payments of United States obligations (including obligations entered into pursuant to other laws). To provide assistance under section 2152h 1 of title 22 to promote good health, economic development, poverty reduction, women’s empowerment, conflict prevention, and environmental sustainability by increasing affordable and equitable access to safe water and sanitation.

(d) Fiscal requirements regarding use of local currencies Section 1306 of title 31 shall not apply to local currencies used by the President under paragraphs (1) through (7) of subsection (c). 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.

§ 1704a Agreements for use of foreign currencies; reports to Congress

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. ( Pub. L. 85–128, § 1(5) , Aug. 13, 1957 , 71 Stat. 345 .)

§ 1704b Repealed. Pub. L. 97–214, § 7(4), July 12, 1982, 96 Stat. 173

§ 1704c Payments by Secretary of Defense in liquidation of amount due for foreign currencies

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 Food for Peace Act ( 7 U.S.C. 1721–172 6) has been liquidated. ( Pub. L. 97–214, § 9(a) , July 12, 1982 , 96 Stat. 174 ; Pub. L. 110–246, title III, § 3001(b)(1)(A) , (2)(C), June 18, 2008 , 122 Stat. 1820 .)

§§ 1705, 1706 Repealed. Pub. L. 104–127, title II, §§ 206, 265(a), Apr. 4, 1996, 110 Stat. 953, 974

§ 1707 Omitted

§ 1707a Repealed. Pub. L. 101–624, title XV, § 1574, Nov. 28, 1990, 104 Stat. 3702

§§ 1707b to 1707d Omitted

§§ 1708 to 1715 Omitted

§ 1721 General authority

The President shall establish a program under this subchapter (to be implemented by the Administrator) to provide agricultural commodities to foreign countries on behalf of the people of the United States to— address famine and food crises, and respond to emergency food needs, arising from man-made and natural disasters; combat malnutrition, especially in children and mothers; carry out activities that attempt to alleviate the causes of hunger, mortality and morbidity; promote economic and community development; promote food security and support sound environmental practices; carry out feeding programs; and build resilience to mitigate and prevent food crises and reduce the future need for emergency aid. ( July 10, 1954, ch. 469 , title II, § 201, 68 Stat. 457 ; May 28, 1956, ch. 327 , title II, § 208(b), 70 Stat. 201 ; Aug. 3, 1956, ch. 933, § 4 , 70 Stat. 988 ; Pub. L. 89–808, § 2(C) , Nov. 11, 1966 , 80 Stat. 1534 ; Pub. L. 94–161, title II, § 208 , Dec. 20, 1975 , 89 Stat. 853 ; Pub. L. 95–88, title II, § 206 , Aug. 3, 1977 , 91 Stat. 547 ; Pub. L. 97–113, title IV, § 404 , Dec. 29, 1981 , 95 Stat. 1538 ; Pub. L. 99–83, title X, § 1002 , Aug. 8, 1985 , 99 Stat. 270 ; Pub. L. 99–198, title XI , §§ 1102, 1103, Dec. 23, 1985 , 99 Stat. 1465 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3636 ; Pub. L. 110–246, title III, § 3007 , June 18, 2008 , 122 Stat. 1823 ; Pub. L. 113–79, title III, § 3001 , Feb. 7, 2014 , 128 Stat. 772 .)

§ 1722 Provision of agricultural commodities

(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 The Administrator may provide agricultural commodities for nonemergency assistance under this subchapter through eligible organizations (as described in subsection (d)) that have entered into an agreement with the Administrator to use the commodities in accordance with this subchapter. The Administrator may not use as a sole rationale for denying a request for funds submitted under this subsection because the program for which the funds are requested— 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 is not part of a development plan for the country prepared by the Agency. The Administrator shall— 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 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) an organization shall be— a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or an intergovernmental organization, such as the World Food Program.

(e) Support for eligible organizations Of the funds made available in each fiscal year under this subchapter to the Administrator, not less than 7.5 percent nor more than 20 percent of the funds shall be made available in each fiscal year to eligible organizations described in subsection (d), to assist the organizations in— establishing and enhancing programs under this subchapter; meeting specific administrative, management, personnel, transportation, storage, and distribution costs for carrying out programs in foreign countries under this subchapter; implementing 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; and improving and implementing methodologies for food aid programs, including needs assessments (upon the request of the Administrator), monitoring, and evaluation. To receive funds made available under paragraph (1), an eligible organization described in subsection (d) shall submit a request for the funds that is subject to approval by the Administrator. 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. An eligible organization that receives funds made available under paragraph (1) may invest the funds pending the eligible organization’s use of the funds. Any interest earned on such investment may be used for the purposes for which the assistance was provided to the eligible organization without further appropriation by Congress.

(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— to the extent feasible, work with indigenous institutions and employ indigenous workers; assess and take into account nutritional and other needs of beneficiary groups; help such beneficiary groups design and carry out mutually acceptable projects; recommend to the Administrator methods of making assistance available that are the most appropriate for each local setting; supervise the distribution of commodities provided and the implementation of programs carried out under this subchapter; and periodically evaluate the effectiveness of projects undertaken under this subchapter.

(g) Labeling of assistance Agricultural commodities and other assistance provided under this subchapter shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such agricultural commodities or food procured outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which such commodities and other assistance are distributed, as being furnished by the people of the United States of America.

(h) Food aid quality The Administrator shall use funds made available for fiscal year 2014 and subsequent fiscal years to carry out this subchapter— to assess the types and quality of agricultural commodities and products donated for food aid; to adjust products and formulations, including potential introduction of new fortificants and products, as necessary to cost-effectively meet nutrient needs of target populations; to test prototypes; to adopt new specifications or improve existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners; to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children under the age of 5. The Administrator— shall carry out this subsection in consultation with and through independent entities with proven expertise in food aid commodity quality enhancements; may enter into contracts to obtain the services of such entities; and shall consult with the Food Aid Consultative Group on how to carry out this subsection. Of the funds made available under section 1726a(f) of this title , 1 for fiscal years 2014 through 2023, not more than $4,500,000 may be used to carry out this subsection.

§ 1723 Generation and use of currencies by private voluntary organizations and cooperatives

(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 to generate proceeds to be used as provided in this section.

(b) 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.

(c) 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— be used to transport, store, distribute, and otherwise enhance the effectiveness of the use of agricultural commodities provided under this subchapter; 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 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.

§ 1724 Levels of assistance

(a) Minimum levels 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 2008 through 2023 is not less than 2,500,000 metric tons. 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 2008 through 2023 is not less than 1,875,000 metric tons. 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 Committees on International Relations, Agriculture and Appropriations of the House of Representatives, and the Committees on Appropriations and 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 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) 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. 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.

§ 1725 Food Aid Consultative Group

(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— the Administrator; the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs; the Inspector General of the Agency for International Development; 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; representatives from African, Asian and Latin American indigenous non-governmental organizations determined appropriate by the Administrator; representatives from agricultural producer groups in the United States; representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this chapter; and representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this chapter.

(c) Chairperson The Administrator shall be the chairperson of the Group.

(d) Consultations Not later than 30 days before a proposed regulation, handbook, or guideline implementing this subchapter, or a proposed significant revision to a regulation, handbook, or guideline implementing this subchapter, becomes final, the Administrator shall provide the proposal 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. The Administrator shall seek input from and consult with the Group on the implementation of section 1722(h) of this title .

(e) Chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Group.

(f) Termination The Group shall terminate on December 31, 2023 .

§ 1726 Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282

§ 1726a Administration

(a) Proposals 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. 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. If a proposal under paragraph (1) is denied, the response shall specify the reasons for denial.

(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— 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; make the proposed guideline or annual policy guidance available, on request, to the eligible organizations and other persons referred to in paragraph (1); and take any comments received into consideration prior to the issuance of the final guideline or annual policy guidance.

(c) Regulations and guidance 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. Not later than 270 days after the date of the enactment of the Agriculture Improvement Act of 2018, the Administrator shall issue all regulations and revisions to agency guidance necessary to implement the amendments made to this subchapter by such Act. The Administrator shall develop regulations and guidance with the intent of— simplifying procedures for participation in the programs established under this subchapter; reducing paperwork requirements under such programs; 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 providing flexibility for carrying out programs under this subchapter.

(d) Timely provision of commodities The Administrator, in consultation with the Secretary, shall develop procedures that ensure expedited processing of commodity call forwards in order to provide commodities overseas in a timely manner and to the extent feasible, according to planned delivery schedules.

(e) Timely approval The Administrator is encouraged to finalize program agreements and resource requests for programs under this section before the beginning of each fiscal year.

(f) Program oversight, monitoring, and evaluation The Administrator, in consultation with the Secretary, shall establish systems and carry out activities— to determine the need for assistance provided under this subchapter; and to improve, monitor, and evaluate the effectiveness and efficiency of the assistance provided under this subchapter to maximize the impact of the assistance. The systems and activities described in paragraph (1) shall include— program monitors in countries that receive assistance under this subchapter; country and regional food aid impact evaluations; the identification and implementation of best practices for food aid programs; the evaluation of monetization programs; early warning assessments and systems to help prevent famines; and maintenance of information technology systems. Subject to subparagraphs (B) and (C), in carrying out administrative and management activities relating to each activity carried out by the Administrator under paragraph (1), the Administrator may enter into contracts with 1 or more individuals for personal service to be performed in recipient countries or neighboring countries. An individual who enters into a contract with the Administrator under subparagraph (A) shall not be considered to be an employee of the Federal Government for the purpose of any law (including regulations) administered by the Office of Personnel Management. Subparagraph (A) does not limit the ability of the Administrator to enter into a contract with any individual for personal service under section 1722(a) of this title . Subject to section 1722(h)(3) of this title , in addition to other funds made available to the Administrator to carry out the monitoring of emergency food assistance, the Administrator may implement this subsection using up to 1.5 percent, but not less than $17, 000, 000, o f t h e f u n d s ma d e a v ai l ab l e u n d er t hi ss u b c ha pt er f ore a c h o ff i sc a l ye a rs 2014 t h ro ug h 2023, e x ce pt f or p a r a g r a p h (2) (F), f or w hi c hn o t m ore t han$ 500,000 shall be made available for each of the fiscal years 2014 through 2023. Subject to clause (ii), of the funds made available under subparagraph (A), for each of fiscal years 2009 through 2023, not more than $8, 000, 000 ma y b e u se d b y t h e A d mini s t r a t or t oc a rryo u tp a r a g r a p h (2) (E) . N o f u n d ss ha ll b e ma d e a v ai l ab l e u n d ers u b p a r a g r a p h (A), ina ccor d an ce w i t h c l a u se (i), u n l ess n o tl ess t han$ 8,000,000 is made available under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) for such purposes for such fiscal year.

(g) Project reporting In submitting project reports to the Administrator, a private voluntary organization or cooperative shall provide a copy of the report in such form as is necessary for the report to be displayed for public use on the website of the United States Agency for International Development. An organization or cooperative described in paragraph (1) may omit any confidential information from the copy of the report submitted for public display under that paragraph.

§ 1726b International food relief partnership

(a) In general The Administrator may provide grants to— 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 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 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). In providing grants under subsection (a)(1), the Administrator shall provide a preference to a United States nonprofit organization that agrees to provide— non-Federal funds in an amount equal to 50 percent of the amount of funds received under a grant under subsection (a)(1); an in-kind contribution in an amount equal to that percentage; or 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).

(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).

(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).

(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) 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, $10,000,000 for each of fiscal years 2014 through 2023, to remain available until expended.

§ 1726c Local and regional food aid procurement projects

(a) Definitions In this section: The term “Administrator” means the Administrator of the Agency for International Development. The term “appropriate committee of Congress” means— the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Agriculture of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives. The term “eligible commodity” means an agricultural commodity (or the product of an agricultural commodity) that— is produced in, and procured from, a developing country; and at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary. The term “eligible organization” means an organization that is— described in section 1722(d) of this title ; and with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations.

(b) Field-based projects In accordance with paragraph (2), the Secretary shall provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that consist of local or regional procurements of eligible commodities to respond to food crises and disasters in accordance with this section. In carrying out the development and implementation of field-based projects under paragraph (1), the Secretary shall consult with the Administrator.

(c) Procurement Any eligible commodity that is procured for a field-based project carried out under subsection (b) shall be procured through any approach or methodology that the Secretary considers to be an effective approach or methodology to provide adequate information regarding the manner by which to expedite, to the maximum extent practicable, the provision of food aid to affected populations without significantly increasing commodity costs for low-income consumers who procure commodities sourced from the same markets at which the eligible commodity is procured. The Secretary shall ensure that the local or regional procurement of any eligible commodity under this section will not have a disruptive impact on farmers located in, or the economy of— the recipient country of the eligible commodity; or any country in the region in which the eligible commodity may be procured. The Secretary shall, in accordance with such terms and conditions as the Secretary considers to be appropriate, require from each eligible organization commitments designed to prevent or restrict— the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; and the use of the eligible commodity for any purpose other than food aid. In carrying out this section, the Secretary shall take any precaution that the Secretary considers to be reasonable to ensure that the procurement of eligible commodities will not unduly disrupt— world prices for agricultural commodities; or normal patterns of commercial trade with foreign countries. The procurement of any eligible commodity shall be made at a reasonable market price with respect to the economy of the country in which the eligible commodity is procured, as determined by the Secretary.

(d) Field-based project grants or cooperative agreements The Secretary shall award grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects. To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall submit to the Secretary an application by such date, in such manner, and containing such information as the Secretary may require. Any other applicable requirement relating to the submission of proposals for consideration shall apply to the submission of an application required under subparagraph (A), as determined by the Secretary. Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Secretary shall select a diversity of projects, including projects located in— food surplus regions; food deficit regions (that are carried out using regional procurement methods); and multiple geographical regions. In selecting proposals for field-based projects under clause (i), the Secretary shall ensure that the majority of selected proposals are for field-based projects that— are located in Africa; and procure eligible commodities that are produced in Africa. A portion of the funds provided under this subsection shall be made available for field-based projects that provide development assistance for a period of not less than 1 year.

(e) Funding There is authorized to be appropriated to the Secretary to carry out this section $80,000,000 for each of fiscal years 2019 through 2023. In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 1736 o –1 of this title. Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including— the impact of procurements and projects on— local and regional agricultural producers; and markets and consumers, including low-income consumers; and implementation time frames and costs.

§ 1727 Bilateral grant program

(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.

§ 1727a Eligible countries

(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— such country meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference for providing financial assistance; or 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).

(b) Indicators of food deficit countries To make a finding under subsection (a)(2) 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: That the daily per capita calorie consumption of the country is less than 2300 calories. That the country cannot meet its food security requirements through domestic production or imports due to a shortage of foreign exchange earnings. 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— demonstrate the greatest need for food; demonstrate the capacity to use food assistance effectively; 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 have a long-term plan for broad-based, equitable, and sustainable development.

§ 1727b Grant programs

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. ( July 10, 1954, ch. 469 , title III, § 303, as added Pub. L. 95–88, title II, § 211(a)(2) , Aug. 3, 1977 , 91 Stat. 550 ; amended Pub. L. 96–53, title II, § 204(c) , Aug. 14, 1979 , 93 Stat. 369 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3642 .)

§ 1727c Direct uses or sales of commodities

Agricultural commodities provided to a least developed country under this section— may be used in such country for— 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 the development of emergency food reserves; or 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. ( July 10, 1954, ch. 469 , title III, § 304, as added Pub. L. 95–88, title II, § 211(a)(2) , Aug. 3, 1977 , 91 Stat. 550 ; amended Pub. L. 95–424, title II, § 202 , Oct. 6, 1978 , 92 Stat. 955 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3642 .)

§ 1727d Local currency accounts

(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— local currencies are to be programmed for specific economic development purposes listed in section 1727e(a) of this title ; and 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.

§ 1727e Use of local currency proceeds

(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— 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; 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; 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; the promotion of free and open markets through specific policies and programs; support for United States private voluntary organizations and cooperatives and encouragement of the development and utilization of indigenous nongovernmental organizations; the purchase of agricultural commodities (including transportation and processing costs) produced in the country— to meet urgent or extraordinary relief requirements in the country or in neighboring countries; or to develop emergency food reserves; the purchase of goods and services (other than agricultural commodities and related services) to meet urgent or extraordinary relief requirements; the payment, to the extent practicable, of the costs of carrying out the program authorized in subchapter V; 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; activities of the Peace Corps that relate to agricultural production; the development of rural infrastructure such as roads, irrigation systems, and electrification to enhance agricultural production; 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 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), 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) 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).

§§ 1727f, 1727g Omitted

§ 1728 Findings regarding emergency food assistance

The Congress finds that— 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; 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; 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 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. ( Pub. L. 98–473, title III, § 302 , Oct. 12, 1984 , 98 Stat. 2194 .)

§ 1728a President’s Emergency Food Assistance Fund

(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. 1

(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.

§ 1728b Omitted

§ 1731 Commodity determinations

(a) Ineligible commodities Alcoholic beverages shall not be made available for disposition under this chapter. Tobacco or the products thereof shall not be made available under section 1727b of this title or subchapter III of this chapter.

(b) Market development activities Subsection (a)(1) 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.

§ 1732 Definitions

As used in this chapter: The term “Administrator” means the Administrator of the Agency for International Development, unless otherwise specified in this chapter. 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, 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. The term “appropriate committee of Congress” means— the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Agriculture of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives. 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. 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. The term “food security” means access by all people at all times to sufficient food and nutrition for a healthy and productive life. 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. 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). The term “Secretary” means the Secretary of Agriculture, unless otherwise specified in this chapter. ( July 10, 1954, ch. 469 , title IV, § 402, as added Pub. L. 86–341, title I, § 14 , Sept. 21, 1959 , 73 Stat. 610 ; amended Pub. L. 87–703, title II, § 201(2) , Sept. 27, 1962 , 76 Stat. 611 ; Pub. L. 89–808, § 2(E) , Nov. 11, 1966 , 80 Stat. 1536 ; Pub. L. 92–42 , July 1, 1971 , 85 Stat. 99 ; Pub. L. 95–113, title XII, § 1205 , Sept. 29, 1977 , 91 Stat. 956 ; Pub. L. 96–72, § 24 , Sept. 29, 1979 , 93 Stat. 536 ; Pub. L. 97–98, title XII, § 1213 , Dec. 22, 1981 , 95 Stat. 1281 ; Pub. L. 98–623, title IV, § 405(b) , Nov. 8, 1984 , 98 Stat. 3409 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3645 ; Pub. L. 104–127, title II, § 211(b) , Apr. 4, 1996 , 110 Stat. 955 ; Pub. L. 110–246, title III, § 3015 , June 18, 2008 , 122 Stat. 1826 .)

§ 1733 General provisions

(a) Prohibition No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that— in the case of the provision of an agricultural commodity, 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 the distribution of the agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food 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, the use of food procured outside of the United States, food vouchers, and cash transfers for food, 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. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within 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— sales from privately owned stocks; sales from stocks owned by the Commodity Credit Corporation; and donations. Small businesses shall be provided adequate and fair opportunity to participate in such sales.

(e) World prices 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. 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 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. 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. 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— nonmilitary channels are not available for such handling or distribution; such action is consistent with the requirements of paragraph (1); and 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. 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 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— the torture or cruel, inhuman, or degrading treatment or punishment of individuals; the prolonged detention of individuals without charges; the responsibility for causing the disappearance of individuals through the abduction and clandestine detention of such individuals; or other flagrant denials of the right to life, liberty, and the security of persons. 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 Subsections (b) and (h) shall apply to sales of commodities in recipient countries to generate proceeds to carry out projects under— subchapters II and III; section 1431(b) of this title ; and the Food for Progress Act of 1985 ( 7 U.S.C. 1736 o ). A sale described in paragraph (1) may be made in United States dollars or other currencies.

§ 1734 Agreements

(a) In general Before entering into agreements with foreign countries under subchapters II and III–A 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— 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; with respect to agreements entered into with foreign countries under subchapters II and III–A, 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; with respect to agreements entered into under subchapters II and III–A, 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; 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 contain such other terms and conditions as the Secretary or the Administrator, as appropriate, determines to be necessary.

(c) Multi-year agreements Agreements to provide assistance on a multi-year basis to recipient countries or to eligible organizations— may be made available under subchapters II and III–A; and shall be made available under subchapter III. 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— the past performance of the country or organization in meeting program objectives does not warrant a multi-year agreement; it is anticipated that the need of the country or organization for food aid does not extend beyond 1 year; or 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— making significant economic development reforms; promoting free and open markets for food and agricultural producers; and fostering increased food security.

§ 1735 Consultation

The Secretary and the Administrator shall cooperate and consult in the implementation of this chapter. ( July 10, 1954, ch. 469 , title IV, § 405, as added Pub. L. 86–341, title I, § 14 , Sept. 21, 1959 , 73 Stat. 610 ; amended Pub. L. 87–703, title II, § 201(4) , Sept. 27, 1962 , 76 Stat. 611 ; Pub. L. 89–808, § 2(E) , Nov. 11, 1966 , 80 Stat. 1536 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3650 .)

§ 1736 Use of Commodity Credit Corporation

(a) In general The Commodity Credit Corporation may acquire and make available such agricultural commodities as necessary to carry out agreements under this chapter.

(b) Included expenses With respect to commodities made available under subchapters III and III–A, the Commodity Credit Corporation may pay— the cost of acquiring such commodities; the costs associated with packaging, enrichment, preservation, and fortification of such commodities, including the costs of carrying out section 1736g–2 of this title ; 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; the vessel freight charges from United States ports or designated Canadian transshipment ports, as determined by the Secretary, to designated ports of entry abroad; the costs associated with transporting such commodities from United States ports to designated points of entry abroad in the case— of landlocked countries; of ports that cannot be used effectively because of natural or other disturbances; of the unavailability of carriers to a specific country; or of substantial savings in costs or time that may be effected by the utilization of points of entry other than ports; 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, distribution, and program implementation costs to use the commodities; and 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.

§ 1736–1 Special Assistant for Agricultural Trade and Food Assistance

(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— assist and advise the President in order to improve and enhance food assistance programs carried out in the United States and foreign countries; 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; 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; 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; advise the President on agricultural trade; advise the President on the Food for Progress Program and expedite its implementation; serve as a member of the Development Coordination Committee and the Food Aid Subcommittee of such Committee; 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 submit a report to the President and Congress each year through 1990 containing— a global analysis of world food needs and production; and 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.

§ 1736a Administrative provisions

(a) Subchapter II programs The importing country or private entity that enters into an agreement under subchapter II shall acquire the agricultural commodities to be financed under subchapter II. No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under subchapter II 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 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 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. 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. Freight agents employed by the Secretary or the Commodity Credit Corporation under subchapter II shall not represent any foreign government during the period of their contract with the United States Government. 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. 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. 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— be paid in excess of an amount determined appropriate by the Secretary; and be shared by such person with the importer or importing country or any agent thereof. 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 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. In the case of agricultural commodities made available for nonemergency assistance under subchapter III 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. Notwithstanding chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation under subchapters III and III–A 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. Freight agents employed by the Agency for International Development under subchapters III and III–A shall not represent any foreign government during the period of their contract with the United States Government. Funds made available for fiscal years 2001 through 2023 to carry out subchapters III and III-A 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 of fiscal years 2001 through 2013 not more than $10, 000, 000 o f s u c h f u n d s an df ore a c h o ff i sc a l ye a rs 2014 t h ro ug h 2023 n o t m ore t han$ 15,000,000 of such funds may be used to store agricultural commodities for prepositioning in foreign countries. The Administrator may establish additional sites for prepositioning in foreign countries or change the location of current sites for prepositioning in foreign countries after conducting, and based on the results of, assessments of need, the availability of appropriate technology for long-term storage, feasibility, and cost. Annual resource requests for ongoing nonemergency or ongoing multiyear agreements under subchapter III shall be finalized not later than October 1 of the fiscal year in which the agricultural commodities will be shipped under the agreement.

(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— the time of harvest of any competing commodities in the recipient country; and such other concerns determined to be appropriate.

(e) Deadline for agreements under subchapters II and III–A An agreement under subchapters II and III–A shall, to the extent practicable, be entered into not later than— November 30 of the first fiscal year in which agricultural commodities are to be shipped under the agreement; or 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 report regarding food aid programs and activities Not later than April 1 of each fiscal year, the Administrator and the Secretary shall jointly, or each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity carried out under this chapter by the Administrator, the Secretary, or both, as applicable, during the prior fiscal year. An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following: A list that contains a description of each country and organization that receives food and other assistance under this chapter (including the quantity of food and assistance provided to each country and organization). A general description of each project and activity implemented under this chapter (including each activity funded through the use of local currencies) and the total number of beneficiaries of the project. A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to— this chapter; section 1431(b) of this title ; the Food for Progress Act of 1985 ( 7 U.S.C. 1736 o ); and the McGovern-Dole International Food for Education and Child Nutrition Program established by section 1736 o –1 of this title. An assessment of the progress made through programs under this chapter towards reducing food insecurity in the populations receiving food assistance from the United States. A description of efforts undertaken by the Food Aid Consultative Group under section 1725 of this title to achieve an integrated and effective food assistance program. An assessment of— each program oversight, monitoring, and evaluation system implemented under section 1726a(f) of this title ; and the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this subchapter. An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance. A statement of the amount of funds (including funds for administrative costs, indirect cost recovery, internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this chapter, that further describes the following: How such funds were used by the eligible organization. The actual rate of return for each commodity made available under this chapter, including factors that influenced the rate of return, and, for the commodity, the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator and the Secretary determine to be necessary. For each instance in which a commodity was made available under this chapter at a rate of return less than 70 percent, the reasons for the rate of return realized. For funds expended for purposes of section 1 1722(e), 1736(b)(6), and 1736a(c)(1)(B) of this title, a detailed accounting of the expenditures and purposes of such expenditures with respect to each such section. For purposes of applying subparagraph (H) of paragraph (2), the rate of return for a commodity shall be equal to the proportion that— the proceeds the implementing partners generate through monetization; bears to the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.

§ 1736b Expiration date

No agreements to finance sales or to provide other assistance under this chapter shall be entered into after December 31, 2023 . ( July 10, 1954, ch. 469 , title IV, § 408, as added Pub. L. 89–808, § 2(E) , Nov. 11, 1966 , 80 Stat. 1537 ; amended Pub. L. 94–161, title II, § 211 , Dec. 20, 1975 , 89 Stat. 854 ; Pub. L. 95–88, title II, § 213 , Aug. 3, 1977 , 91 Stat. 551 ; Pub. L. 95–113, title XII, § 1207 , Sept. 29, 1977 , 91 Stat. 957 ; Pub. L. 96–470, title II, § 213 , Oct. 19, 1980 , 94 Stat. 2246 ; Pub. L. 97–98, title XII, § 1215 , Dec. 22, 1981 , 95 Stat. 1282 ; Pub. L. 99–83, title X, § 1006 , Aug. 8, 1985 , 99 Stat. 271 ; Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3653 ; Pub. L. 104–127, title II, § 217 , Apr. 4, 1996 , 110 Stat. 957 ; Pub. L. 107–171, title III, § 3012 , May 13, 2002 , 116 Stat. 284 ; Pub. L. 110–246, title III, § 3019 , June 18, 2008 , 122 Stat. 1828 ; Pub. L. 113–79, title III, § 3011 , Feb. 7, 2014 , 128 Stat. 777 ; Pub. L. 115–334, title III, § 3113 , Dec. 20, 2018 , 132 Stat. 4607 .)

§§ 1736c, 1736d Repealed. Pub. L. 104–127, title II, §§ 218, 219, Apr. 4, 1996, 110 Stat. 957

§ 1736e Debt forgiveness

(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 if— that country is a least developed country; and either— an International Monetary Fund standby agreement is in effect with respect to that country; 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; 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 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) only if a notification is submitted to Congress at least 10 days prior to providing the debt relief. Such a notification shall— specify the amount of official debt the President proposes to liquidate; and 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 .

§ 1736f Authorization of appropriations

(a) Authorization of appropriations There are authorized to be appropriated— for fiscal year 2008 and each fiscal year thereafter, $2,500,000,000 to carry out the emergency and nonemergency food assistance programs under subchapter III; and such sums as are necessary— to carry out the concessional credit sales program established under subchapter II; to carry out the grant program established under subchapter III–A; and 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 the Commodity Credit Corporation in carrying out such programs.

(b) Transfer of funds 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. The President may direct that up to 50 percent of the funds available for any fiscal year for carrying out subchapter III–A be used to carry out subchapter III.

(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.

(e) Minimum level of nonemergency food assistance For each of fiscal years 2019 through 2023, not less than $365,000,000 of the amounts made available to carry out emergency and nonemergency food assistance programs under subchapter II, nor more than 30 percent of such amounts, shall be expended for nonemergency food assistance programs under such subchapter. Funds appropriated each year to carry out part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) that are made available through grants or cooperative agreements to strengthen food security in developing countries and that are consistent with section 1722(e)(1)(C) of this title may be considered amounts expended for nonemergency food assistance programs for purposes of paragraph (1). In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts expended for that year to carry out programs under section 1737 of this title may be considered amounts expended for nonemergency food assistance programs.

§ 1736f–1 Establishment of commodity trust

(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 and maintain a trust of wheat, rice, corn, or sorghum, any combination of the commodities, or funds for use as described in subsection (c).

(b) Commodities or funds in trust The trust established under this section shall consist of— wheat in the reserve established under the Food Security Wheat Reserve Act of 1980 as of April 4, 1996 ; 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 ; 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 funds made available— under paragraph (2)(B); as a result of an exchange of any commodity held in the trust for an equivalent amount of funds from the market, if the Secretary determines that such a sale of the commodity on the market will not unduly disrupt domestic markets; or to maximize the value of the trust, in accordance with subsection (d)(3). Subject to subsection (h), commodities of equivalent value to eligible commodities in the trust established under this section may be acquired— through purchases— from producers; or in the market, if the Secretary determines that the purchases will not unduly disrupt the market; or by designation by the Secretary of stocks of eligible commodities of the Commodity Credit Corporation. Any funds used to acquire eligible commodities through purchases from producers or in the market to replenish the trust shall be derived— with respect to fiscal years 2000 through 2023 from funds made available to carry out the Food for Peace Act ( 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)(1) and (f)(2), 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 2023; from funds authorized for that use by an appropriations Act; or from funds accrued through the management of the trust under subsection (d).

(c) Release of eligible commodities In this paragraph, the term “emergency” means an urgent situation— in which there is clear evidence that an event or series of events described in clause (ii) has occurred— that causes human suffering; and for which a government concerned has not chosen, or has not the means, to remedy; or created by a demonstrably abnormal event or series of events that produces dislocation in the lives of residents of a country or region of a country on an exceptional scale. An event or series of events referred to in clause (i) includes 1 or more of— a sudden calamity, such as an earthquake, flood, locust infestation, or similar unforeseen disaster; a human-made emergency resulting in— a significant influx of refugees; the internal displacement of populations; or the suffering of otherwise affected populations; food scarcity conditions caused by slow-onset events, such as drought, crop failure, pest infestation, and disease, that result in an erosion of the ability of communities and vulnerable populations to meet food needs; and severe food access or availability conditions resulting from sudden economic shocks, market failure, or economic collapse, that result in an erosion of the ability of communities and vulnerable populations to meet food needs. Any funds or commodities held in the trust may be released to provide food, and cover any associated costs, under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq.)— to assist in averting an emergency, including during the period immediately preceding the emergency; to respond to an emergency; or for recovery and rehabilitation after an emergency. A release under clause (i) shall be carried out in the same manner, and pursuant to the same authority as provided in title II of that Act. The funds and commodities held in the trust shall be made immediately available on a determination by the Administrator that funds available for emergency needs under title II of that Act ( 7 U.S.C. 1721 et seq.) for a fiscal year are insufficient to meet emergency needs during the fiscal year. Nothing in this paragraph requires a waiver by the Administrator of the Agency for International Development under section 204(a)(3) of the Food for Peace Act ( 7 U.S.C. 1724(a)(3) ) as a condition for a release of funds or commodities under subparagraph (B). 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. The Secretary may exchange an eligible commodity for another United States commodity of equal value, including powdered milk, pulses, and vegetable oil. 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 trust The Secretary shall provide for the management of eligible commodities and funds held in the trust in a manner that is consistent with maximizing the value of the trust, as determined by the Secretary. The Secretary shall provide— 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; for the periodic rotation or replacement of stocks of eligible commodities in the trust to avoid spoilage and deterioration of the commodities; 1 subject to the need for release of commodities from the trust under subsection (c)(1), for the management of the trust to preserve the value of the trust through acquisitions under subsection (b)(2); and 2 If any commodity held in the trust is exchanged for funds under subsection (b)(1)(D)(ii), the funds shall be held in the trust until the date on which the funds are released in the case of an emergency under subsection (c). The Secretary may invest funds held in the trust in any short-term obligation of the United States or any other low-risk short-term instrument or security insured by the Federal Government in which a regulated insurance company may invest under the laws of the District of Columbia.

(e) Treatment of trust under other law Eligible commodities in the trust established under this section shall not be— considered a part of the total domestic supply (including carryover) for the purpose of subsection (c) or for the purpose of administering the Food for Peace Act ( 7 U.S.C. 1691 et seq.); and subject to any quantitative limitation on exports that may be imposed under section 4606 3 of title 50.

(f) Use of Commodity Credit Corporation 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. The Commodity Credit Corporation shall be reimbursed for the release of eligible commodities from funds made available to carry out the Food for Peace Act ( 7 U.S.C. 1691 et seq.) and the funds shall be available to replenish the trust under subsection (b). The reimbursement shall be made on the basis of the lesser of— the actual costs incurred by the Commodity Credit Corporation with respect to the eligible commodity; or 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. 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 The authority to replenish stocks of eligible commodities to maintain the trust established under this section shall terminate on September 30, 2023 . Eligible commodities remaining in the trust after September 30, 2026 , shall be disposed of by release for use in providing for emergency humanitarian food needs in developing countries as provided in this section.

§ 1736g Coordination of foreign assistance programs

To the maximum extent practicable, assistance for a foreign country under subchapter III–A 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, and child survival programs and projects, in least developed countries by improving the design and implementation of such programs and projects. ( July 10, 1954, ch. 469 , title IV, § 413, as added Pub. L. 96–53, title II, § 210 , Aug. 14, 1979 , 93 Stat. 370 ; amended Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3656 ; Pub. L. 104–127, title II, § 221 , Apr. 4, 1996 , 110 Stat. 958 ; Pub. L. 110–246, title III, § 3022 , June 18, 2008 , 122 Stat. 1829 ; Pub. L. 113–79, title III, § 3015 , Feb. 7, 2014 , 128 Stat. 778 .)

§ 1736g–1 Assistance in furtherance of narcotics control objectives of United States

(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), 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) 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.

§ 1736g–2 Micronutrient fortification programs

(a) In general Not later than September 30, 2008 , the Administrator, in consultation with the Secretary, shall establish micronutrient fortification programs. The purpose of a program shall be to— assist developing countries in correcting micronutrient dietary deficiencies among segments of the populations of the countries; and assess and apply technologies and systems to improve and ensure the quality, shelf life, bioavailability, and safety of fortified food aid agricultural commodities, and products of those agricultural commodities.

(b) 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.

(c) Termination of authority The authority to carry out programs established under this section shall terminate on September 30, 2023 .

§ 1736g–3 Use of certain local currency

Local currency payments received by the United States pursuant to agreements entered into under subchapter II (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 ). ( July 10, 1954, ch. 469 , title IV, § 416, as added Pub. L. 104–127, title II, § 223 , Apr. 4, 1996 , 110 Stat. 958 .)

§ 1736h Congressional consultation on bilateral commodity supply agreements

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. ( Pub. L. 97–98, title XII, § 1202 , Dec. 22, 1981 , 95 Stat. 1275 .)

§§ 1736i to 1736k Repealed. Pub. L. 101–624, title XV, § 1573, Nov. 28, 1990, 104 Stat. 3702

§ 1736l Consultation on grain marketing

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. ( Pub. L. 97–98, title XII, § 1206 , Dec. 22, 1981 , 95 Stat. 1278 .)

§§ 1736m, 1736n Repealed. Pub. L. 104–127, title II, §§ 226, 266, Apr. 4, 1996, 110 Stat. 962, 974

§ 1736o Food for progress

(a) Short title This section may be cited as the “Food for Progress Act of 1985”.

(b) Definitions In this section: The term “cooperative” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). The term “Corporation” means the Commodity Credit Corporation. The term “developing country” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). The term “eligible commodity” means an agricultural commodity, or a product of an agricultural commodity, in inventories of the Corporation or acquired by the Secretary or the Corporation for disposition through commercial purchases under a program authorized under this section. The term “eligible entity” means— the government of an emerging agricultural country; an intergovernmental organization; a private voluntary organization; a nonprofit agricultural organization or cooperative; a nongovernmental organization; a college or university (as such terms are defined in section 3103(4) of this title ); and any other private entity. The term “food security” means access by all people at all times to sufficient food and nutrition for a healthy and productive life. The term “nongovernmental organization” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). The term “private voluntary organization” has the meaning given the term in section 402 of the Food for Peace Act ( 7 U.S.C. 1732 ). The term “program” means a food assistance or development initiative proposed by an eligible entity and approved by the Secretary under this section. For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that— the proceeds eligible entities generate through monetization of such commodity, bears to the cost to the Federal Government to procure and ship the commodity to the country where it is monetized. The term “Secretary” means the Secretary of Agriculture.

(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 Secretary shall enter into agreements with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f).

(d) Consideration for agreements In determining whether to enter into an agreement under this section, the Secretary 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— access, on the part of farmers in the country, to private, competitive markets for their product; 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; establishment of market-determined foreign exchange rates; timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers; access to technologies appropriate to the level of agricultural development in the country; and construction of facilities and distribution systems necessary to handle perishable products.

(e) Funding of eligible commodities The Corporation shall make available to the Secretary such eligible commodities as the Secretary may request for purposes of furnishing eligible commodities under this section. Notwithstanding any other provision of law, the Corporation may use funds appropriated to carry out title I of the Food for Peace Act [ 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) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title. The Corporation may finance the sale and exportation of eligible commodities, made available under the Food for Peace Act [ 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 ]. In the case of eligible commodities made available under the Food for Peace Act 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. The Secretary 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 Secretary.

(f) Provision of eligible commodities to developing countries The Corporation may provide for— grants, or sales on credit terms, of eligible commodities made available under section 1431(b) of this title for use in carrying out this section. In carrying out section 1431(b) of this title , the Corporation may purchase eligible commodities for use under this section if— the Corporation does not hold stocks of such eligible commodities; or 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. 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 2023 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. 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 Food for Peace Act [ 7 U.S.C. 1691 et seq.] and may not be considered expenditures for international affairs and finance. In making sales of eligible eligible 1 commodities under this section, the Secretary shall follow the sale procedure described in section 403( l ) of the Food for Peace Act [ 7 U.S.C. 1733 ( l )].

(g) Minimum tonnage Subject to subsection (f)(3), not less than 400,000 metric tons of eligible commodities shall be provided under this section for the program for each of fiscal years 2002 through 2023.

(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 Secretary 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 In carrying out this section, the Secretary, 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. Before the beginning of any fiscal year, the Secretary shall, to the maximum extent practicable— make all determinations concerning program agreements and resource requests for programs under this section; and announce those determinations. Not later than April 1 of each fiscal year, the Secretary 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 during the prior fiscal year under this section; a description of the actual rate of return for each commodity made available under this section for the previous fiscal year including— factors that influenced the rate of return; and with respect to the commodity, the costs of bagging or further processing, ocean transportation, inland transportation, storage costs, and any other information that the Secretary determines to be necessary; and for each instance in which a commodity was made available under this section at a rate of return less than 70 percent, an explanation for the rate of return realized.

(k) Effective and termination dates This section shall be effective during the period beginning October 1, 1985 , and ending December 31, 2023 .

(l) Administrative expenses To enhance the development of private sector agriculture in countries receiving assistance under this section the Secretary may, in each of the fiscal years 1996 through 2023, use in addition to any amounts or eligible commodities otherwise made available under this section for such activities, not to exceed $15, 000, 000 (or, in t h ec a seo ff i sc a l ye a r 1999,$ 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. To carry out this subsection, the Secretary 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. The Secretary 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. The Secretary may authorize the use of proceeds to pay the costs incurred by an eligible entity under this section for— programs targeted at hunger and malnutrition; or development programs involving food security; transportation, storage, and distribution of eligible commodities provided under this section; and administration, sales, monitoring, and technical assistance.

(m) Secretarial approval In carrying out this section, the Secretary shall approve, as determined appropriate by the Secretary, agreements with agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives that provide for— the sale of eligible commodities, including the marketing of eligible commodities through the private sector; and 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 The Secretary shall ensure, to the maximum extent practicable, that each eligible entity participating in 1 or more programs under this section— uses eligible commodities made available under this section— in an effective manner; in the areas of greatest need; and in a manner that promotes the purposes of this section; in using eligible commodities, assesses and takes into account the needs of recipient countries and the target populations of the recipient countries; 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 monitors and reports on the distribution or sale of eligible commodities provided under this section using methods that, as determined by the Secretary, facilitate accurate and timely reporting. Not later than 270 days after May 13, 2002 , the Secretary 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. In conducting the review, the Secretary shall consider— revising procedures for submitting proposals; developing criteria for program approval that separately address the objectives of the program; pre-screening organizations and proposals to ensure that the minimum qualifications are met; implementing e-government initiatives and otherwise improving the efficiency of the proposal submission and approval processes; upgrading information management systems; improving commodity and transportation procurement processes; and ensuring that evaluation and monitoring methods are sufficient. Not later than 1 year after May 13, 2002 , the Secretary 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. Each eligible entity that enters into an agreement under this section shall submit to the Secretary, at such time as the Secretary may request, a report containing such information as the Secretary may request relating to the use of eligible commodities and funds furnished to the eligible entity under this section.

(o) Private voluntary organizations and other private entities In entering into agreements described in subsection (c), the Secretary— shall enter into agreements with eligible entities described in subparagraphs (C) and (G) of subsection (b)(5); and shall not discriminate against such eligible entities.

(p) Pilot agreements For each of fiscal years 2019 through 2023, subject to the availability of appropriations pursuant to the authorization in paragraph (3), the Secretary shall enter into 1 or more pilot agreements with 1 or more eligible entities through which the Secretary shall provide financial assistance to the eligible entities to carry out activities consistent with subsection ( l )(4)(A). In each of fiscal years 2020 through 2024, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing, with respect to the previous fiscal year— the amount provided to eligible entities under each pilot agreement pursuant to paragraph (1) and how the funds were used; the activities carried out under each pilot agreement; the number of direct and indirect beneficiaries of those activities; and the effectiveness of the pilot agreements, including as applicable the impact on food security and agricultural productivity. There is authorized to be appropriated to carry out pilot agreements pursuant to this subsection $10,000,000 for each of fiscal years 2019 through 2023.

§ 1736o–1 McGovern-Dole International Food for Education and Child Nutrition Program

(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; or is produced in and procured from— a developing country that is a recipient country; or a developing country in the same region as a recipient country; and at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.

(b) Program Subject to subsection ( l ), the Secretary 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— 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 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— any agricultural commodity is eligible to be provided under this section; as necessary to achieve the purposes of this section, funds appropriated under this section may be used to pay— the cost of acquiring agricultural commodities; the costs associated with packaging, enrichment, preservation, and fortification of agricultural commodities; 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; the vessel freight charges from United States ports or designated Canadian transshipment ports, as determined by the Secretary, to designated ports of entry abroad; the costs associated with transporting agricultural commodities from United States ports to designated points of entry abroad in the case— of landlocked countries; of ports that cannot be used effectively because of natural or other disturbances; of the unavailability of carriers to a specific country; or of substantial savings in costs or time that may be effected by the utilization of points of entry other than ports; the costs associated with transporting the commodities described in subsection (a)(2) from a developing country described in subparagraph (A)(ii) of that subsection to any designated point of entry within the recipient country; and the charges for general average contributions arising out of the ocean transport of agricultural commodities transferred pursuant thereto; all or any part of the internal transportation, storage, and handling costs incurred in moving the eligible commodity, if the Secretary determines that— payment of the costs is appropriate; and the recipient country is a low income, net food-importing country that— meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference; and 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; 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 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 Secretary shall— implement the program established under this section; ensure that the program established under this section is consistent with the foreign policy and development assistance objectives of the United States; and 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 In carrying out subsection (b), the Secretary shall ensure that procedures are established that— 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; provide for eligible commodities and assistance on a multiyear basis; 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; provide for the expedited development, review, and approval of proposals submitted in accordance with this section; ensure to the maximum extent practicable that assistance— is provided under this section in a timely manner; and is available when needed throughout the applicable school year; ensure monitoring and reporting by eligible entities on the use of commodities and other assistance provided under this section; and 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. 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 Secretary may consider the ability of eligible entities to— 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; 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 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; 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 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) and on implementation of the programs in the field in recipient countries.

(h) Multilateral involvement The Secretary 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. The Secretary 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 Secretary 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— to— 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 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 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 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $84,000,000 for fiscal year 2009, to remain available until expended. There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2023. Funds made available to carry out this section may be used to pay the administrative expenses of the Department of Agriculture or any other Federal agency assisting in the implementation of this section. Of the funds made available to carry out this section, not more than 10 percent shall be used to purchase agricultural commodities described in subsection (a)(2).

§ 1736p Trade policy declaration

It is hereby declared to be the agricultural trade policy of the United States to— be the premier supplier of agricultural and food products to world markets and expand exports of high value products; support the principle of free trade and the promotion of fair trade in agricultural commodities and products; 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; aggressively counter unfair foreign trade practices as a means of encouraging fairer trade; remove foreign policy constraints to maximize United States economic interests through agricultural trade; and 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. ( Pub. L. 99–198, title XI, § 1121 , Dec. 23, 1985 , 99 Stat. 1480 ; Pub. L. 104–127, title II, § 267 , Apr. 4, 1996 , 110 Stat. 974 .)

§ 1736q Repealed. Pub. L. 104–127, title II, § 268, Apr. 4, 1996, 110 Stat. 975

§ 1736r Trade negotiations policy

(a) Findings Congress finds that— on a level playing field, United States producers are the most competitive suppliers of agricultural products in the world; exports of United States agricultural products accounted for $54, 000, 000, 000 in 1995, co n t r ib u t in g an e t$ 24,000,000,000 to the merchandise trade balance of the United States and supporting approximately 1,000,000 jobs; 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; international negotiations can play a key role in breaking down barriers to United States agricultural exports; 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— restraining foreign trade-distorting domestic support and export subsidy programs; and 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; the Uruguay Round Agreement on Agriculture did not succeed in completely eliminating trade distorting domestic support and export subsidies by— allowing the European Union to continue unreasonable levels of spending on export subsidies; and 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; 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 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— increasing opportunities for United States exports of agricultural products by eliminating tariff and nontariff barriers to trade; 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; 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 encouraging government policies that avoid price-depressing surpluses.

§§ 1736s, 1736t Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736u Cooperator market development program

(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.

§§ 1736v to 1736x Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736y Contract sanctity and producer embargo protection

It is hereby declared to be the policy of the United States— to foster and encourage the export of agricultural commodities and the products of such commodities; not to restrict or limit the export of such commodities and products except under the most compelling circumstances; 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; and 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. ( Pub. L. 99–198, title XI, § 1133(a) , Dec. 23, 1985 , 99 Stat. 1489 .)

§§ 1736z, 1736aa Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§§ 1736bb to 1736bb–6 Repealed. Pub. L. 104–127, title II, § 271(a), Apr. 4, 1996, 110 Stat. 976

§ 1736cc Repealed. Pub. L. 101–624, title XV, § 1577, Nov. 28, 1990, 104 Stat. 3702

§ 1736dd International food security technical assistance

(a) Definition of international food security In this section, the term “international food security” means access by any person at any time to food and nutrition that is sufficient for a healthy and productive life.

(b) Collection of information The Secretary of Agriculture (referred to in this section as the “Secretary”) shall compile information from appropriate mission areas of the Department of Agriculture (including the Food, Nutrition, and Consumer Services mission area) relating to the improvement of international food security.

(c) Public availability To benefit programs for the improvement of international food security, the Secretary shall organize the information described in subsection (b) and make the information available in a format suitable for— public education; and use by— a Federal, State, or local agency; an agency or instrumentality of the government of a foreign country; a domestic or international organization, including a domestic or international nongovernmental organization; and an intergovernmental organization.

(d) Technical assistance On request by an entity described in subsection (c)(2), the Secretary may provide technical assistance to the entity to implement a program for the improvement of international food security.

(e) Program priority In carrying out this section, the Secretary shall give priority to programs relating to the development of food and nutrition safety net systems with a focus on food insecure countries.

(f) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2019 through 2023.

§ 1737 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

(a) Definitions In this section: The term “Caribbean Basin country” means a country eligible for designation as a beneficiary country under section 2702 of title 19 . The term “emerging market” means a country that the Secretary determines— is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of the economy of the country; and has the potential to provide a viable and significant market for United States agricultural commodities or products of United States agricultural commodities. 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. The term “sub-Saharan African country” has the meaning given the term in section 3706 of title 19 .

(b) Provision Notwithstanding section 1342 of title 31 or 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— establish and administer a program, to be known as the “John Ogonowski and Doug Bereuter Farmer-to-Farmer Program”, of farmer-to-farmer technical assistance between the United States and such countries to assist in— increasing food production and distribution; and improving the effectiveness of the farming and marketing operations of agricultural producers in those countries; 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, employees or staff of a State cooperative institution (as such term is defined in paragraph 18 of section 3103 of this title , except that subparagraphs (E), (F), and (G) of such paragraph shall not apply), and nonprofit farm organizations to work in conjunction with agricultural producers and farm organizations in those countries, on a voluntary basis— to improve agricultural and agribusiness operations and agricultural systems in those countries, including improving— animal care and health; field crop cultivation; fruit and vegetable growing; livestock operations; food processing and packaging; farm credit; marketing; inputs 1 agricultural education and extension; selection of seed varieties and plant stocks; knowledge of insecticide and sanitation procedures to prevent crop destruction; use and maintenance of agricultural equipment and irrigation systems; and selection of fertilizers and methods of soils treatment; and to strengthen cooperatives and other agricultural groups in those countries; 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; 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) or has otherwise been provided in advance in appropriation Acts); coordinate programs established under this section with other foreign assistance programs and activities carried out by the United States; and 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— foreign currencies that accrue from the sale of agricultural commodities and products under this chapter; and local currencies generated from other types of foreign assistance activities.

(c) Special emphasis on sub-Saharan African and Caribbean Basin countries Congress finds that— 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— standard growing practices; insecticide and sanitation procedures; and other agricultural methods that will produce increased yields of more nutritious and healthful crops; agricultural producers in the United States (including African-American agricultural producers) and banking and insurance professionals have agribusiness expertise that would be invaluable for agricultural producers in sub-Saharan African and Caribbean Basin countries; a commitment by the United States is appropriate to support the development of a comprehensive agricultural skills training program for those agricultural producers that focuses on— improving knowledge of insecticide and sanitation procedures to prevent crop destruction; teaching modern agricultural techniques that would facilitate a continual analysis of crop production, including— the identification and development of standard growing practices; and the establishment of systems for recordkeeping; the use and maintenance of agricultural equipment that is appropriate for the majority of eligible agricultural producers in sub-Saharan African or Caribbean Basin countries; the expansion of small agricultural operations into agribusiness enterprises by increasing access to credit for agricultural producers through— the development and use of village banking systems; and the use of agricultural risk insurance pilot products; and marketing crop yields to prospective purchasers (including businesses and individuals) for local needs and export; and programs that promote the exchange of agricultural knowledge and expertise through the exchange of American and foreign agricultural producers have been effective in promoting improved agricultural techniques and food security and the extension of additional resources to such farmer-to-farmer exchanges is warranted. The goals of programs carried out under this section in sub-Saharan African and Caribbean Basin countries shall be— to expand small agricultural operations in those countries into agribusiness enterprises by increasing access to credit for agricultural producers through— the development and use of village banking systems; and the use of agricultural risk insurance pilot products; to provide training to agricultural producers in those countries that will— enhance local food security; and help mitigate and alleviate hunger; to provide training to agricultural producers in those countries in groups to encourage participants to share and pass on to other agricultural producers in the home communities of the participants, the information and skills obtained from the training, rather than merely retaining the information and skills for the personal enrichment of the participants; and to maximize the number of beneficiaries of the programs in sub-Saharan African and Caribbean Basin countries.

(d) Minimum funding Notwithstanding any other provision of law, in addition to any funds that may be specifically appropriated to carry out this section, not less than the greater of $10, 000, 000 or 0.5 p erce n t o f t h e am o u n t s ma d e a v ai l ab l e f ore a c h o ff i sc a l ye a rs 2008 t h ro ug h 2013, an d n o tl ess t han t h e g re a t ero f$ 15,000,000 or 0.6 percent of the amounts made available for each of fiscal years 2014 through 2023, to carry out this chapter shall be used to carry out programs under this section, with— not less than 0.2 percent to be used for programs in developing countries; and not less than 0.1 percent to be used for programs in sub-Saharan African and Caribbean Basin countries.

(e) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2008 through 2023 to carry out the programs under this section— $10, 000, 000 f ors u b - S aha r an A f r i c anan d C a r ibb e an B a s in co u n t r i es; an d$ 5,000,000 for other developing or middle-income countries or emerging markets not described in subparagraph (A). Not more than 5 percent of the funds made available for a fiscal year under paragraph (1) may be used to pay administrative costs incurred in carrying out programs in sub-Saharan African and Caribbean Basin countries.

(f) Grant program to create new partners and innovation The Administrator of the Agency for International Development shall develop a grant program to be carried out in fiscal years 2019 through 2023 to facilitate new and innovative partnerships and activities under this subchapter. A grant recipient under this subsection shall use funds received under this subsection to— prioritize new implementing partners; develop innovative volunteer models; develop, improve, or maintain strategic partnerships with other United States development programs; and expand the footprint and impact of the programs and activities under this subchapter, and diversity among program participants, including land-grant colleges and universities and cooperative extension services (as such terms are defined in section 3103 of this title ).

§ 1738 Establishment of Facility

There is established in the Department of the Treasury an entity to be known as the “Enterprise for the Americas Facility” (hereafter referred to in this subchapter as the “Facility”). ( July 10, 1954, ch. 469 , title VI, § 601, as added Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3658 .)

§ 1738a Purpose

The purpose of this subchapter is to encourage and support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with inter-related actions to promote debt reduction, investment reforms, and community-based conservation and sustainable use of the environment. The Facility will support such objectives through the administration of debt reduction operations relating to those countries that meet investment reform and other policy conditions provided for in this subchapter. ( July 10, 1954, ch. 469 , title VI, § 602, as added Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3658 .)

§ 1738b Eligibility for benefits under Facility

(a) Requirements To be eligible for benefits from the Facility under this subchapter, a country shall— be a Latin American or Caribbean country; have in effect or have received approval for, or, as appropriate in exceptional circumstances, be making significant progress towards the establishment of— an International Monetary Fund (hereafter referred to in this subchapter as the “IMF”) standby arrangement, extended IMF arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, an IMF-monitored program or its equivalent; and as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development (hereafter referred to in this subchapter as the “World Bank”) or the International Development Association (hereafter referred to in this subchapter as the “IDA”); have placed into effect major investment reforms in conjunction with an Inter-American Development Bank (hereafter referred to as the “IDB”) loan or otherwise be implementing, or making significant progress towards an open investment regime; and if appropriate, have agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction.

(b) Eligibility determination The President shall determine whether a country is an eligible country for purposes of subsection (a).

§ 1738c Reduction of certain debt

(a) Authority to reduce debt Notwithstanding any other provision of law, the President may reduce the amount owed to the United States or any agency of the United States, and outstanding as of January 1, 1990 , as a result of any credits extended under subchapter II to a country eligible for benefits from the Facility. The authorities under this section may be exercised only to the extent provided for in advance in appropriation Acts.

(b) Limitation A debt reduction authorized under subsection (a) shall be accomplished, at the direction of the Facility, through the exchange of a new obligation under this subchapter for obligations of the type referred to in subsection (a) outstanding as of January 1, 1990 .

(c) Exchange of obligations The Facility shall notify the Commodity Credit Corporation of an agreement entered into under subsection (b) with an eligible country to exchange a new obligation for outstanding obligations. At the direction of the Facility, the old obligations that are the subject of the agreement may be canceled and a new debt obligation may be established for the country relating to the agreement. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect a debt reduction under this section.

§ 1738d Repayment of principal

(a) Currency of payment The principal amount owed under each new obligation issued under section 1738c of this title shall be repaid in United States dollars.

(b) Deposit of payments Principal repayments on new obligations issued under section 1738c of this title shall be deposited in Commodity Credit Corporation accounts.

§ 1738e Interest of new obligations

(a) Rate of interest New obligations issued to an eligible country under section 1738c of this title shall bear interest at a concessional rate.

(b) Currency of payment, deposits An eligible country to which a new obligation has been issued under section 1738c of this title that has not entered into an agreement under section 1738f of this title , shall be required to pay interest on such obligation in United States dollars which shall be deposited in Commodity Credit Corporation accounts. If an eligible country to which a new obligation has been issued under section 1738c of this title has entered into an agreement under section 1738f of this title , interest under such obligation may be paid in the local currency of the eligible country and deposited into an Environmental Fund as provided for in section 1738g of this title . Such interest shall be the property of the eligible country until such time as it is disbursed under section 1738g of this title . Such local currencies shall be used for the purposes specified in the agreement entered into under section 1738f of this title .

(c) Interest previously paid If an eligible country to which a new obligation has been issued under section 1738c of this title enters into an agreement under section 1738f of this title subsequent to the date on which interest first becomes due on such new obligation, any interest paid on such new obligation prior to such agreement being entered into shall not be redeposited into the Fund established for the eligible country under section 1738g(a) of this title but shall be deposited into Commodity Credit Corporation accounts.

§ 1738f Environmental framework agreements

(a) Authority The President is authorized to enter into an environmental framework agreement with each country eligible for benefits from the Facility concerning the operation and use of an Enterprise for the Americas Environmental Fund (hereafter referred to in this subchapter as the “Environmental Fund”) established under section 1738g of this title for that country. The President shall consult with the Board established under section 1738i of this title when entering into such agreements.

(b) Requirements An environmental framework agreement entered into under this section shall— require the eligible country to establish an Environmental Fund; require the eligible country to make interest payments under section 1738g(a) of this title into the Environmental Fund; require the eligible country to make prompt disbursements from the Environmental Fund to the body described in subsection (c); where appropriate, seek to maintain the value of the local currency resources deposited into the appropriate Environmental Fund in terms of United States dollars; specify, in accordance with section 1738k of this title , the purposes for which the Environmental Fund may be used; and contain reasonable provisions for the enforcement of the terms of the agreement.

(c) Administering body Funds disbursed from the Environmental Fund in an eligible country shall be administered by a body constituted under the laws of the country. Such body shall— be composed of— one or more representatives appointed by the President; one or more representatives appointed by the eligible country; and representatives from a broad range of environmental and local community development nongovernmental organizations of the host country; the majority of which shall be local representatives from nongovernmental organizations, and scientific or academic bodies; receive proposals for grant assistance from local organizations, and make grants to such organizations in accordance with the priorities agreed upon in the framework agreement and consistent with the overall purposes of section 1738k of this title ; be responsible for the management of the program and oversight of grant activities funded from resources of the Environmental Fund; be subject to fiscal audits by an independent auditor on an annual basis; present an annual program for review by the Board established under section 1738i of this title each year; present an annual report on the activities undertaken during the previous year to the Chairman of the Board established under section 1738i of this title , and the government of the eligible country each year; and have any grant over $100,000 be subject to veto by the United States and the government of the eligible country.

§ 1738g Enterprise for the Americas environmental funds

(a) Establishment An eligible country shall, under the terms of an environmental framework agreement entered into under section 1738f of this title , establish an Environmental Fund to receive payments in local currency pursuant to section 1738f(b)(1) of this title .

(b) Investment Amounts deposited into an Environmental Fund shall be invested until disbursed. Notwithstanding any other provision of law, any return on such investment may be retained by the Environmental Fund and need not be deposited to the account of the Commodity Credit Corporation and may be retained without further appropriation by Congress.

§ 1738h Disbursement of environmental funds

Funds in an Environmental Fund shall be disbursed only pursuant to a framework agreement entered into pursuant to section 1738f of this title . ( July 10, 1954, ch. 469 , title VI, § 609, as added Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3661 .)

§ 1738i Enterprise for the Americas Board

(a) Establishment There is established a board to be known as the “Enterprise for the Americas Board” (hereafter referred to in this subchapter as the “Board”).

(b) Membership and chairperson The Board shall be composed of— six representatives from the United States Government, at least one of whom shall be a representative of the Department of Agriculture; and five representatives from private nongovernmental environmental, child survival and child development, community development, scientific, and academic organizations with experience and expertise in Latin America and the Caribbean, at least one of whom shall be a representative from a child survival and child development organization; to be appointed by the President. The Board shall be headed by a chairperson who shall be appointed by the President from among the representatives appointed under paragraph (1)(A).

(c) Responsibilities The Board shall— advise the President on the negotiations for the environmental framework agreements described in subsections (a) and (b) of section 1738f of this title ; ensure, in consultation with the government of the appropriate eligible country, with nongovernmental organizations of such eligible country, and if appropriate, of the region, and with environmental, scientific, and academic leaders of such eligible country and, as appropriate, of the region, that a suitable body referred to in section 1738f(c) of this title is identified; and review the programs, operations, and fiscal audits of the bodies referred to in section 1738f(c) of this title .

§ 1738j Oversight

The President may designate appropriate United States agencies to review the implementation of programs under this subchapter and the fiscal audits relating to such programs. Such oversight shall not constitute active management of an Environmental Fund. ( July 10, 1954, ch. 469 , title VI, § 611, as added Pub. L. 101–624, title XV, § 1512 , Nov. 28, 1990 , 104 Stat. 3661 .)

§ 1738k Eligible activities and grantees

(a) Eligible entities Activities eligible to receive assistance through the framework agreements entered into under section 1738f of this title , shall include— activities of the type described in the Global Environmental Protection Assistance Act of 1989 ( 22 U.S.C. 2281 et seq.); agriculture-related activities, including those that provide for the biological prevention and control of animal and plant pests and diseases, to benefit the environment; and local community initiatives that promote conservation and sustainable use of the environment.

(b) Regulation All activities of the type referred to in subsection (a) shall, where appropriate, include initiatives that link conservation of natural resources with local community development.

(c) Setting of priorities Appropriate activities and priorities relating to the use of an Environmental Fund shall be set by local nongovernmental organizations within the appropriate eligible country.

(d) Grants Grants may be made by the body referred to in section 1738f(c) of this title from the Environmental Fund for environmental purposes to— host country nongovernmental environmental, conservation, development, educational, and indigenous peoples organizations; other appropriate local or regional entities; or in exceptional circumstances, the government of the eligible country.

(e) Priority In providing assistance from an Environmental Fund, the body established under section 1738f(c) of this title within the eligible country shall give priority to projects that are run by nongovernmental organizations and other private entities, and that involve local communities in their planning and execution.

§ 1738l Encouraging multilateral debt donations

(a) Encouraging donations from official creditors The President should actively encourage other official creditors of an eligible country to provide debt reduction to such eligible country.

(b) Encouraging donations from other sources The President shall make every effort to insure that programs established through Environmental Funds are able to receive donations from private and public entities, and private creditors of the eligible country.

§ 1738m Annual report to Congress

(a) In general Not later than December 31 of each fiscal year, the President shall prepare and submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate an annual report concerning the operation of the Facility for the prior fiscal year. This report shall include— a description of the activities undertaken by the Facility during the previous fiscal year; a description of any Enviromental 1 Framework Agreement entered into under this subchapter; a report on what Environmental Funds have been established under this subchapter and on the operations of such Funds; and a description of any grants that have been extended by administering bodies pursuant to an Enviromental 1 Framework Agreement under this subchapter.

(b) Supplemental views in annual report No later than December 15 of each fiscal year, each member of the Board shall be entitled to receive a copy of the report required under subsection (a). Each member of the Board may prepare and submit supplemental views to the President on the implementation of this subchapter by December 31 for inclusion in the annual report when it is transmitted to Congress pursuant to this section.

§ 1738n Consultations with Congress

The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this subchapter and the eligibility of countries for benefits from the Facility under this subchapter. ( July 10, 1954, ch. 469 , title VI, § 615, as added Pub. L. 102–237, title III, § 331 , Dec. 13, 1991 , 105 Stat. 1858 .)

§ 1738o Sale of qualified debt to eligible countries

(a) In general The President may sell to an eligible country up to 40 percent of such country’s qualified debt, only if an amount of the local currency of such country (other than the price paid for the debt) equal to— not less than 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt; whichever is less, is used by such country through an Environmental Fund for eligible activities described in section 1738k of this title . For purposes of this section, the term “Environmental Fund” means an Environmental Fund established under section 1738g of this title . In the case of Mexico, such fund may be designated as the Good Neighbor Environmental Fund for the Border. The President should advise eligible countries on the procedures required to establish and operate the Environmental Funds required to be established under paragraph (1).

(b) Terms and conditions The President shall establish the terms and conditions, including the amount to be paid by the eligible country, under which such country’s qualified debt may be sold under this section.

(c) Appropriations requirement The authorities provided by this section may be exercised only in such amounts and to such extent as is provided in advance in appropriations Acts.

(d) Certain prohibitions inapplicable A sale of debt under this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.

(e) Implementation by Facility A sale of debt authorized under this section shall be accomplished at the direction of the Facility. The Facility shall direct the Commodity Credit Corporation to carry out such sale. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect the sale.

(f) Deposit of proceeds The proceeds from a sale of qualified debt under this section shall be deposited in the account or accounts established by the Commodity Credit Corporation for the repayment of such debt by the eligible country.

(g) Debtor consultation Before any sale of qualified debt may occur under this section, the President should consult with the eligible country’s government concerning such sale. The topics addressed in the consultation shall include the amount of qualified debt involved in the transaction and the uses to which funds made available as a result of the sale shall be applied.

§ 1738p Sale, reduction, or cancellation of qualified debt to facilitate certain debt swaps

(a) Authority to sell, reduce, or cancel qualified debt For the purpose of facilitating eligible debt swaps, the President, in accordance with this section— may sell to an eligible purchaser (as determined pursuant to subsection (c)(1)) any qualified debt of an eligible country; or may reduce or cancel eligible debt of an eligible country upon receipt of payment from an eligible payor (as determined under subsection (c)(2)).

(b) Terms and conditions The President shall establish the terms and conditions under which qualified debt may be sold, reduced, or canceled pursuant to this section.

(c) Eligible purchasers and eligible payors Qualified debt may be sold pursuant to subsection (a)(1) only to a purchaser who presents plans satisfactory to the President for using the debt for the purpose of engaging in eligible debt swaps. Qualified debt may be reduced or cancelled pursuant to subsection (a)(2) only if the payor presents plans satisfactory to the President for using such reduction or cancellation for the purpose of facilitating eligible debt swaps.

(d) Debtor consultation and right of first refusal Before selling, reducing, or canceling any qualified debt of an eligible country pursuant to this section, the President should consult with that country concerning, among other things, the amount of debt to be sold, reduced, or canceled and the uses of such debt for eligible debt swaps. The qualified debt of an eligible country may be sold, reduced, or cancelled pursuant to this section only if that country has been offered the opportunity to purchase that debt pursuant to section 1738 o of this title and has not accepted that offer.

(e) Limitation In the aggregate, not more than 40 percent of the qualified debt of an eligible country may be sold, reduced, or cancelled under this section or sold under section 1738 o of this title.

(f) Administration The Facility shall notify the Commodity Credit Corporation of purchasers and payors the President has determined to be eligible under subsection (c), and shall direct the corporation to carry out the sale, reduction, or cancellation of a qualified debt pursuant to this section. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect such sale, reduction, or cancellation.

(g) Appropriations requirement The authorities provided by this section may be exercised only in such amounts and to such extent as is provided in advance in appropriations Acts.

(h) Deposit of proceeds The proceeds from the sale, reduction, or cancellation of qualified debt pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such debt.

(i) Eligible debt swaps As used in this section, the term “eligible debt swap” means a debt-for-development swap or debt-for-nature swap.

§ 1738q Notification to congressional committees

(a) Notice of negotiations The Secretary of State and the Secretary of the Treasury shall, in every feasible instance, notify the designated congressional committees not less than 15 days prior to any formal negotiation for debt relief under this subchapter.

(b) Transmittal of text of agreements The Secretary of State shall transmit to the designated congressional committees a copy of the text of any agreement with any foreign government which would result in any debt relief under this subchapter no less than 30 days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief.

(c) Annual report The Secretary of State or the Secretary of the Treasury, as appropriate, shall submit to the designated congressional committees not later than February 1 of each year a consolidated statement of the budgetary implications of all debt relief agreements entered into force under this subchapter during the preceding fiscal year.

(d) Designated congressional committees As used in this section, the term “designated congressional committees” means 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.

§ 1738r “Qualified debt” defined

As used in sections 1738 o , 1738p, and 1738q of this title, the term “qualified debt” means any obligation, or portion of such obligation, of an eligible country to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 714c(f) of title 15 or section 1707a(b) 1 of this title— in which the Commodity Credit Corporation obtained a legal right or interest, as a result of assignment or subrogation, not later than September 1, 1992 ; and the payment of which obligation has been, not later than September 1, 1992 , rescheduled in accordance with principles set forth in an Agreed Minute of the Paris Club. Such term includes the obligation to pay any interest which was due or accrued not later than September 1, 1992 , and unpaid as of the date of a debt sale pursuant to section 1738 o of this title or a debt sale, reduction, or cancellation pursuant to section 1738p of this title (as the case may be). ( July 10, 1954, ch. 469 , title VI, § 619, as added Pub. L. 102–532, § 2 , Oct. 27, 1992 , 106 Stat. 3511 .)

Federal • Lex Graph

Explorer

CHAPTER 41 - FOOD FOR PEACE

CHAPTER 41 - FOOD FOR PEACE

Sections (89)

§ 1691 United States policy

§ 1691a Food aid to developing countries

§ 1692 Transferred

§§ 1693 to 1697 Repealed. Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535

§ 1701 Economic assistance and food security

§ 1702 Agreements regarding eligible countries and private entities

§ 1703 Terms and conditions of sales

§ 1704 Use of local currency payment

§ 1704a Agreements for use of foreign currencies; reports to Congress

§ 1704b Repealed. Pub. L. 97–214, § 7(4), July 12, 1982, 96 Stat. 173

§ 1704c Payments by Secretary of Defense in liquidation of amount due for foreign currencies

§§ 1705, 1706 Repealed. Pub. L. 104–127, title II, §§ 206, 265(a), Apr. 4, 1996, 110 Stat. 953, 974

§ 1707 Omitted

§ 1707a Repealed. Pub. L. 101–624, title XV, § 1574, Nov. 28, 1990, 104 Stat. 3702

§§ 1707b to 1707d Omitted

§§ 1708 to 1715 Omitted

§ 1721 General authority

§ 1722 Provision of agricultural commodities

§ 1723 Generation and use of currencies by private voluntary organizations and cooperatives

§ 1724 Levels of assistance

§ 1725 Food Aid Consultative Group

§ 1726 Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282

§ 1726a Administration

§ 1726b International food relief partnership

§ 1726c Local and regional food aid procurement projects

§ 1727 Bilateral grant program

§ 1727a Eligible countries

§ 1727b Grant programs

§ 1727c Direct uses or sales of commodities

§ 1727d Local currency accounts

§ 1727e Use of local currency proceeds

§§ 1727f, 1727g Omitted

§ 1728 Findings regarding emergency food assistance

§ 1728a President’s Emergency Food Assistance Fund

§ 1728b Omitted

§ 1731 Commodity determinations

§ 1732 Definitions

§ 1733 General provisions

§ 1734 Agreements

§ 1735 Consultation

§ 1736 Use of Commodity Credit Corporation

§ 1736–1 Special Assistant for Agricultural Trade and Food Assistance

§ 1736a Administrative provisions

§ 1736b Expiration date

§§ 1736c, 1736d Repealed. Pub. L. 104–127, title II, §§ 218, 219, Apr. 4, 1996, 110 Stat. 957

§ 1736e Debt forgiveness

§ 1736f Authorization of appropriations

§ 1736f–1 Establishment of commodity trust

§ 1736g Coordination of foreign assistance programs

§ 1736g–1 Assistance in furtherance of narcotics control objectives of United States

§ 1736g–2 Micronutrient fortification programs

§ 1736g–3 Use of certain local currency

§ 1736h Congressional consultation on bilateral commodity supply agreements

§§ 1736i to 1736k Repealed. Pub. L. 101–624, title XV, § 1573, Nov. 28, 1990, 104 Stat. 3702

§ 1736l Consultation on grain marketing

§§ 1736m, 1736n Repealed. Pub. L. 104–127, title II, §§ 226, 266, Apr. 4, 1996, 110 Stat. 962, 974

§ 1736o Food for progress

§ 1736o–1 McGovern-Dole International Food for Education and Child Nutrition Program

§ 1736p Trade policy declaration

§ 1736q Repealed. Pub. L. 104–127, title II, § 268, Apr. 4, 1996, 110 Stat. 975

§ 1736r Trade negotiations policy

§§ 1736s, 1736t Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736u Cooperator market development program

§§ 1736v to 1736x Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736y Contract sanctity and producer embargo protection

§§ 1736z, 1736aa Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§§ 1736bb to 1736bb–6 Repealed. Pub. L. 104–127, title II, § 271(a), Apr. 4, 1996, 110 Stat. 976

§ 1736cc Repealed. Pub. L. 101–624, title XV, § 1577, Nov. 28, 1990, 104 Stat. 3702

§ 1736dd International food security technical assistance

§ 1737 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

§ 1738 Establishment of Facility

§ 1738a Purpose

§ 1738b Eligibility for benefits under Facility

§ 1738c Reduction of certain debt

§ 1738d Repayment of principal

§ 1691 United States policy

§ 1691a Food aid to developing countries

§ 1692 Transferred

§§ 1693 to 1697 Repealed. Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535

§ 1701 Economic assistance and food security

§ 1702 Agreements regarding eligible countries and private entities

§ 1703 Terms and conditions of sales

§ 1704 Use of local currency payment

§ 1704a Agreements for use of foreign currencies; reports to Congress

§ 1704b Repealed. Pub. L. 97–214, § 7(4), July 12, 1982, 96 Stat. 173

§ 1704c Payments by Secretary of Defense in liquidation of amount due for foreign currencies

§§ 1705, 1706 Repealed. Pub. L. 104–127, title II, §§ 206, 265(a), Apr. 4, 1996, 110 Stat. 953, 974

§ 1707 Omitted

§ 1707a Repealed. Pub. L. 101–624, title XV, § 1574, Nov. 28, 1990, 104 Stat. 3702

§§ 1707b to 1707d Omitted

§§ 1708 to 1715 Omitted

§ 1721 General authority

§ 1722 Provision of agricultural commodities

§ 1723 Generation and use of currencies by private voluntary organizations and cooperatives

§ 1724 Levels of assistance

§ 1725 Food Aid Consultative Group

§ 1726 Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282

§ 1726a Administration

§ 1726b International food relief partnership

§ 1726c Local and regional food aid procurement projects

§ 1727 Bilateral grant program

§ 1727a Eligible countries

§ 1727b Grant programs

§ 1727c Direct uses or sales of commodities

§ 1727d Local currency accounts

§ 1727e Use of local currency proceeds

§§ 1727f, 1727g Omitted

§ 1728 Findings regarding emergency food assistance

§ 1728a President’s Emergency Food Assistance Fund

§ 1728b Omitted

§ 1731 Commodity determinations

§ 1732 Definitions

§ 1733 General provisions

§ 1734 Agreements

§ 1735 Consultation

§ 1736 Use of Commodity Credit Corporation

§ 1736–1 Special Assistant for Agricultural Trade and Food Assistance

§ 1736a Administrative provisions

§ 1736b Expiration date

§§ 1736c, 1736d Repealed. Pub. L. 104–127, title II, §§ 218, 219, Apr. 4, 1996, 110 Stat. 957

§ 1736e Debt forgiveness

§ 1736f Authorization of appropriations

§ 1736f–1 Establishment of commodity trust

§ 1736g Coordination of foreign assistance programs

§ 1736g–1 Assistance in furtherance of narcotics control objectives of United States

§ 1736g–2 Micronutrient fortification programs

§ 1736g–3 Use of certain local currency

§ 1736h Congressional consultation on bilateral commodity supply agreements

§§ 1736i to 1736k Repealed. Pub. L. 101–624, title XV, § 1573, Nov. 28, 1990, 104 Stat. 3702

§ 1736l Consultation on grain marketing

§§ 1736m, 1736n Repealed. Pub. L. 104–127, title II, §§ 226, 266, Apr. 4, 1996, 110 Stat. 962, 974

§ 1736o Food for progress

§ 1736o–1 McGovern-Dole International Food for Education and Child Nutrition Program

§ 1736p Trade policy declaration

§ 1736q Repealed. Pub. L. 104–127, title II, § 268, Apr. 4, 1996, 110 Stat. 975

§ 1736r Trade negotiations policy

§§ 1736s, 1736t Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736u Cooperator market development program

§§ 1736v to 1736x Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§ 1736y Contract sanctity and producer embargo protection

§§ 1736z, 1736aa Repealed. Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702

§§ 1736bb to 1736bb–6 Repealed. Pub. L. 104–127, title II, § 271(a), Apr. 4, 1996, 110 Stat. 976

§ 1736cc Repealed. Pub. L. 101–624, title XV, § 1577, Nov. 28, 1990, 104 Stat. 3702

§ 1736dd International food security technical assistance

§ 1737 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

§ 1738 Establishment of Facility

§ 1738a Purpose

§ 1738b Eligibility for benefits under Facility

§ 1738c Reduction of certain debt

§ 1738d Repayment of principal

§ 1738e Interest of new obligations

§ 1738f Environmental framework agreements

§ 1738g Enterprise for the Americas environmental funds

§ 1738h Disbursement of environmental funds

§ 1738i Enterprise for the Americas Board