TITLE 7 - US CODE - SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS

7 USC 1731 - Commodity determinations

(a) Ineligible commodities 

(1) Alcoholic beverages 
Alcoholic beverages shall not be made available for disposition under this chapter.
(2) Tobacco 
Tobacco or the products thereof shall not be made available under section 1727b of this title or subchapter III of this chapter.
(b) Market development activities 
Subsection (a)(1) of this section shall not be construed to prohibit representatives of the United States wine, beer, distilled spirits, or other alcoholic beverage industry from participating in agricultural market development activities carried out by the Secretary with foreign currencies made available under subchapter II of this chapter.

7 USC 1732 - Definitions

As used in this chapter:
(1) Administrator 
The term Administrator means the Administrator of the Agency for International Development, unless otherwise specified in this chapter.
(2) Agricultural commodity 
The term agricultural commodity, unless otherwise provided for in this chapter, includes any agricultural commodity or the products thereof produced in the United States, including wood and processed wood products, fish, and livestock as well as value-added, fortified, or high-value agricultural products. Effective beginning on October 1, 1991, for purposes of subchapter III of this chapter, a product of an agricultural commodity shall not be considered to be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is produced and is commercially available in the United States at fair and reasonable prices.
(3) Appropriate committee of Congress 
The term appropriate committee of Congress means
(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(B) the Committee on Agriculture of the House of Representatives; and
(C) the Committee on Foreign Affairs of the House of Representatives.
(4) Cooperative 
The term cooperative means a private sector organization whose members own and control the organization and share in its services and its profits and that provides business services and outreach in cooperative development for its membership.
(5) Developing country 
The term developing country means a country that has a shortage of foreign exchange earnings and has difficulty meeting all of its food needs through commercial channels.
(6) Food security 
The term food security means access by all people at all times to sufficient food and nutrition for a healthy and productive life.
(7) Nongovernmental organization 
The term nongovernmental organization 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.
(8) Private voluntary organization 
The term private voluntary organization means a not-for-profit, nongovernmental organization (in the case of a United States organization, an organization that is exempt from Federal income taxes under section 501 (c)(3) of title 26) that receives funds from private sources, voluntary contributions of money, staff time, or in-kind support from the public, and that is engaged in or is planning to engage in voluntary, charitable, or development assistance activities (other than religious activities).
(9) Secretary 
The term Secretary means the Secretary of Agriculture, unless otherwise specified in this chapter.

7 USC 1733 - General provisions

(a) Prohibition 
No agricultural commodity shall be made available under this chapter unless it is determined that
(1) adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the commodity; and
(2) the distribution of the commodity in the recipient country will not result in a substantial disincentive to or interference with domestic production or marketing in that country.
(b) Impact on local farmers and economy 
The Secretary or the Administrator, as appropriate, shall ensure that the importation of United States agricultural commodities and the use of local currencies for development purposes will not have a disruptive impact on the farmers or the local economy of the recipient country.
(c) Transshipment 
The Secretary or the Administrator, as appropriate, shall, under such terms and conditions as are determined to be appropriate, require commitments designed to prevent or restrict the resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities donated or purchased under this chapter.
(d) Private trade channels and small business 
Private trade channels shall be used under this chapter to the maximum extent practicable in the United States and in the recipient countries with respect to
(1) sales from privately owned stocks;
(2) sales from stocks owned by the Commodity Credit Corporation; and
(3) donations.

Small businesses shall be provided adequate and fair opportunity to participate in such sales.

(e) World prices 

(1) In general 
In carrying out this chapter, reasonable precautions shall be taken to assure that sales or donations of agricultural commodities will not unduly disrupt world prices for agricultural commodities or normal patterns of commercial trade with foreign countries.
(2) Sale price 
Sales of agricultural commodities described in paragraph (1) shall be made at a reasonable market price in the economy where the agricultural commodity is to be sold, as determined by the Secretary or the Administrator, as appropriate.
(f) Publicity 
Commitments shall be obtained from countries or private entities, as appropriate, receiving commodities under this chapter that such countries or private entities will widely publicize, to the extent practicable, through the use of the public media and through other means, that such commodities are being provided through the friendship of the American people as food for peace.
(g) Participation of private sector 
The Secretary or the Administrator, as appropriate, shall encourage the private sector of the United States and private importers in developing countries to participate in the programs established under this chapter.
(h) Safeguard usual marketings 
In carrying out this chapter, reasonable precautions shall be taken to safeguard the usual marketings of the United States and to avoid displacing any sales of the United States agricultural commodities that the Secretary or Administrator determines would otherwise be made.
(i) Military distribution of food aid 

(1) In general 
The Secretary or the Administrator, as appropriate, shall attempt to ensure that agricultural commodities made available under this chapter will be provided without regard to the political affiliation, geographic location, ethnic, tribal, or religious identity of the recipient or without regard to other extraneous factors.
(2) Prohibition on handling of commodities by military 

(A) In general 
Except as provided in subparagraph (B), the Secretary or the Administrator, as appropriate, shall not enter into an agreement under this chapter to provide agricultural commodities if such agreement requires or permits the distribution, handling, or allocation of such commodities by the military forces of any government or insurgent group.
(B) Exception 
Notwithstanding subparagraph (A), the Secretary or the Administrator, as appropriate, may authorize the handling or distribution of commodities by the military forces of a country in exceptional circumstances in which
(i) nonmilitary channels are not available for such handling or distribution;
(ii) such action is consistent with the requirements of paragraph (1); and
(iii) the Secretary or the Administrator, as appropriate, determines that such action is necessary to meet the emergency health, safety, or nutritional requirements of the recipient population.
(3) Encouragement of safe passage 
When entering into agreements under this chapter that involve areas within recipient countries that are experiencing protracted warfare or civil strife, the Secretary or the Administrator, as appropriate, shall, to the extent practicable, encourage all parties to the conflict to permit safe passage of the commodities and other relief supplies and to establish safe zones for medical and humanitarian treatment and evacuation of injured persons.
(j) Violations of human rights 

(1) Ineligible countries 
The Secretary or the Administrator, as appropriate, shall not enter into any agreement under this chapter to provide agricultural commodities, or to finance the sale of agricultural commodities, to the government of any country determined by the President to engage in a consistent pattern of gross violations of internationally recognized human rights, including
(A) the torture or cruel, inhuman, or degrading treatment or punishment of individuals;
(B) the prolonged detention of individuals without charges;
(C) the responsibility for causing the disappearance of individuals through the abduction and clandestine detention of such individuals; or
(D) other flagrant denials of the right to life, liberty, and the security of persons.
(2) Waiver 
Paragraph (1) shall not prohibit the provision of assistance to such a country if the assistance is targeted to the most needy people in such country and is made available in such country through channels other than the government.
(k) Abortion prohibition 
Local currencies that are made available for use under this chapter may not be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.
(l) Sale procedure 

(1) In general 
Subsections (b) and (h) of this section shall apply to sales of commodities in recipient countries to generate proceeds to carry out projects under
(A) subchapters II and III of this chapter;
(B) section 1431 (b) of this title; and
(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
(2) Currency 
A sale described in paragraph (1) may be made in United States dollars or other currencies.

7 USC 1734 - Agreements

(a) In general 
Before entering into agreements with foreign countries under subchapters II and IIIA of this chapter for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic development purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development.
(b) Terms of agreement 
An agreement entered into under this chapter shall
(1) include an estimate of the annual value or volume of agricultural commodities proposed to be made available to the country or eligible organization under the agreement;
(2) with respect to agreements entered into with foreign countries under subchapters II and IIIA of this chapter, include a statement of the manner in which the agricultural commodities provided under the agreement or the revenues generated by the sale of such commodities (if such commodities are sold), will be integrated into the overall development plans of the country to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable agriculture and broad-based economic growth;
(3) with respect to agreements entered into under subchapters II and IIIA of this chapter, include a statement of the manner in which competitive private sector participation within the recipient country in the storage, marketing, transportation, and distribution of agricultural commodities made available under this chapter will be encouraged;
(4) include a statement that such agreement shall be subject to the availability, during each fiscal year to which the agreement applies, of the necessary appropriations and agricultural commodities; and
(5) contain such other terms and conditions as the Secretary or the Administrator, as appropriate, determines to be necessary.
(c) Multi-year agreements 

(1) In general 
Agreements to provide assistance on a multi-year basis to recipient countries or to eligible organizations
(A) may be made available under subchapters II and IIIA of this chapter; and
(B) shall be made available under subchapter III of this chapter.
(2) Exception 
The Secretary or the Administrator, as appropriate, may determine not to make assistance available on a multi-year basis with respect to a recipient country or an eligible organization if it is determined that assistance should be provided to such country or through such organization only on an annual basis because
(A) the past performance of the country or organization in meeting program objectives does not warrant a multi-year agreement;
(B) it is anticipated that the need of the country or organization for food aid does not extend beyond 1 year; or
(C) other circumstances, as determined by the Secretary or the Administrator, as appropriate, indicate there is only a need for a 1 year agreement.
(d) Review of agreements 
The Secretary or the Administrator, as appropriate, may make a determination to terminate, or refuse to enter into, a multi-year agreement with respect to a recipient country if the Secretary or the Administrator determines that such country is not fulfilling the objectives or requirements of this chapter. In making such a determination, the Secretary or the Administrator, as appropriate, may consider the extent to which the country is
(1) making significant economic development reforms;
(2) promoting free and open markets for food and agricultural producers; and
(3) fostering increased food security.

7 USC 1735 - Consultation

The Secretary and the Administrator shall cooperate and consult in the implementation of this chapter.

7 USC 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 IIIA of this chapter, the Commodity Credit Corporation may pay
(1) the cost of acquiring such commodities;
(2) the costs associated with packaging, enrichment, preservation, and fortification of such commodities, including the costs of carrying out section 1736g–2 of this title;
(3) the processing, transportation, handling, and other incidental costs up to the time of the delivery of such commodities free on board vessels in United States ports;
(4) the vessel freight charges from United States ports or designated Canadian transshipment ports, as determined by the Secretary, to designated ports of entry abroad;
(5) the costs associated with transporting such commodities from United States ports to designated points of entry abroad in the case
(A) of landlocked countries;
(B) of ports that cannot be used effectively because of natural or other disturbances;
(C) of the unavailability of carriers to a specific country; or
(D) of substantial savings in costs or time that may be effected by the utilization of points of entry other than ports;
(6) in the case of commodities for urgent and extraordinary relief requirements (including pre-positioned commodities) the transportation costs incurred in moving the commodities from designated points of entry or ports of entry abroad to storage and distribution sites and associated storage and distribution costs; and
(7) the charges for general average contributions arising out of the ocean transport of commodities transferred pursuant thereto.
(c) Commodity Credit Corporation 
The funds, facilities, and authorities of the Commodity Credit Corporation may be used to carry out this chapter.
(d) Availability of funds 
Funds shall be available under this chapter only to the extent provided in advance in appropriation Acts.

7 USC 17361 - 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
(1) assist and advise the President in order to improve and enhance food assistance programs carried out in the United States and foreign countries;
(2) be available to receive suggestions and complaints concerning the implementation of United States food aid and agricultural export programs anywhere in the United States Government and provide prompt responses thereto, including expediting the program implementation in any instances in which there is unreasonable delay;
(3) make recommendations to the President on means to coordinate and streamline the manner in which food assistance programs are carried out by the Department of Agriculture and the Agency for International Development, in order to improve their overall effectiveness;
(4) make recommendations to the President on measures to be taken to increase use of United States agricultural commodities and the products thereof through food assistance programs;
(5) advise the President on agricultural trade;
(6) advise the President on the Food for Progress Program and expedite its implementation;
(7) serve as a member of the Development Coordination Committee and the Food Aid Subcommittee of such Committee;
(8) advise departments and agencies of the Federal Government on their policy guidelines on basic issues of food assistance policy to the extent necessary to assure the coordination of food assistance programs, consistent with law, and with the advice of such Subcommittee; and
(9) submit a report to the President and Congress each year through 1990 containing
(A) a global analysis of world food needs and production; and
(B) a detailed plan for using available export and food aid authorities to increase United States agricultural exports to those targeted countries.
(d) Compensation 
Compensation for the Special Assistant shall be fixed by the President at an annual rate of basic pay of not less than the rate applicable to positions in level III of the Executive Schedule.

7 USC 1736a - Administrative provisions

(a) Subchapter II programs 

(1) Acquisitions 
The importing country or private entity that enters into an agreement under subchapter II of this chapter shall acquire the agricultural commodities to be financed under subchapter II of this chapter.
(2) Invitation for bid 
No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under subchapter II of this chapter unless such purchases are made on the basis of an invitation for bid that is publicly advertised in the United States, and on the basis of bid offerings that shall conform to such invitation and be received and publicly opened in the United States. All awards in the purchase of commodities or ocean transportation financed under subchapter II of this chapter shall be consistent with open, competitive, and responsive bid procedures, as determined appropriate by the Secretary. Resulting contracts may contain such terms and conditions as the Secretary determines are necessary and appropriate.
(b) Agents 

(1) Authority of Secretary or Commodity Credit Corporation 

(A) General rule 
Except as provided in subparagraph (B), if it is determined appropriate, the Secretary or the Commodity Credit Corporation may serve as the purchasing or shipping agent, or both, for the importer or importing country in arranging the purchase or shipping of commodities financed under subchapter II of this chapter.
(B) Exception 
Notwithstanding subparagraph (A), the Secretary or the Commodity Credit Corporation may award, under a competitive bidding process, contracts for establishing freight agents who shall act on behalf of the Secretary or the Corporation to handle the shipping of commodities financed under this chapter.
(C) Avoidance of conflict of interest of contractors 
Freight agents employed by the Secretary or the Commodity Credit Corporation under subchapter II of this chapter shall not represent any foreign government during the period of their contract with the United States Government.
(2) Reasonable fees and commissions 

(A) Fees 
Notwithstanding any other provision of law, the Secretary or the Commodity Credit Corporation may enter into an agreement with the importer or importing country that contains the terms and conditions that will govern the provision of purchasing or shipping agent services by the Secretary or the Corporation, including the establishment of fees for such services. Any such fees shall be fair and reasonable in relation to the services performed and shall be available as reimbursement for costs incurred in providing such services.
(B) Prohibition on commissions 
Commissions, fees, or other payments to any selling agent or to any agent of a purchaser shall be prohibited in the purchase of agricultural commodities that are financed under subchapter II of this chapter.
(3) Limitations 
No commission, fees, or other payments to an agent, broker, consultant, or other representative of the importer or importing country for ocean transportation brokerage services in connection with the carriage of commodities provided under subchapter II of this chapter may
(A) be paid in excess of an amount determined appropriate by the Secretary; and
(B) be shared by such person with the importer or importing country or any agent thereof.
(4) Avoidance of conflict of interest 
A person may not be an agent, broker, consultant, or other representative of the United States Government, an importer, or an importing country in connection with agricultural commodities provided under this chapter during a fiscal year in which such person provides or acts as an agent, broker, consultant, or other representative of a person engaged in providing ocean transportation or transportation-related services for such commodities. For the purpose of this paragraph, the term transportation-related services means lightening, stevedoring, bagging, or inland transportation to the destination point.
(c) Subchapters III and III–A program 

(1) Acquisition 

(A) In general 
The Administrator shall transfer, arrange for the transportation, and take other steps necessary to make available agricultural commodities to be provided under subchapter III and subchapter IIIA of this chapter.
(B) Certain commodities made available for nonemergency assistance 
In the case of agricultural commodities made available for nonemergency assistance under subchapter III of this chapter for least developed countries that meet the poverty and other eligibility criteria established by the International Bank for Reconstruction and Development for financing under the International Development Association, the Administrator may pay the transportation costs incurred in moving the agricultural commodities from designated points of entry or ports of entry abroad to storage and distribution sites and associated storage and distribution costs.
(2) Freight procurement 
Notwithstanding the Federal Property and Administrative Services Act of 1949[1] or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation under subchapters III and IIIA of this chapter may be procured on the basis of full and open competitive procedures. Resulting contracts may contain such terms and conditions as the Administrator determines are necessary and appropriate.
(3) Avoidance of conflict of interest 
Freight agents employed by the Agency for International Development under subchapters III and IIIA of this chapter shall not represent any foreign government during the period of their contract with the United States Government.
(4) Prepositioning 

(A) In general 
Funds made available for fiscal years 2001 through 2012 to carry out subchapters III and III-A of this chapter may be used by the Administrator to procure, transport, and store agricultural commodities for prepositioning within the United States and in foreign countries, except that for each such fiscal year not more than $10,000,000 of such funds may be used to store agricultural commodities for prepositioning in foreign countries.
(B) Additional prepositioning sites 

(i) Feasibility assessments The Administrator may carry out assessments for the establishment of not less than 2 sites to determine the feasibility of, and costs associated with, using the sites to store and handle agricultural commodities for prepositioning in foreign countries.
(ii) Establishment of sites Based on the results of each assessment carried out under clause (i), the Administrator may establish additional sites for prepositioning in foreign countries.
(5) Nonemergency or multiyear agreements 
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
(1) the time of harvest of any competing commodities in the recipient country; and
(2) such other concerns determined to be appropriate.
(e) Deadline for agreements under subchapters II and III–A of this chapter 
An agreement under subchapters II and IIIA of this chapter shall, to the extent practicable, be entered into not later than
(1) November 30 of the first fiscal year in which agricultural commodities are to be shipped under the agreement; or
(2) 60 days after the date of enactment of the annual Rural Development, Agriculture, and Related Agencies Appropriations Act for the first fiscal year in which agricultural commodities are to be shipped under the agreement,

whichever is later.

(f) Annual reports 

(1) Annual report regarding agricultural trade programs and activities 

(A) Annual report 
Not later than April 1 of each fiscal year, the Administrator and the Secretary shall jointly prepare and submit to the appropriate committees of Congress a report regarding each program and activity carried out under this chapter during the prior fiscal year.
(B) Contents 
An annual report described in subparagraph (A) shall include, with respect to the prior fiscal year
(i) 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);
(ii) a general description of each project and activity implemented under this chapter (including each activity funded through the use of local currencies);
(iii) a statement describing the quantity of agricultural commodities made available to each country pursuant to
(I) section 1431 (b) of this title; and
(II) the Food for Progress Act of 1985 (7 U.S.C. 1736o);
(iv) 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;
(v) 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;
(vi) an assessment of
(I) each program oversight, monitoring, and evaluation system implemented under section 1726a (f) of this title; and
(II) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this subchapter; and
(vii) an assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.
(2) Annual report regarding the provision of agricultural commodities to foreign countries 

(A) Annual report 
Not later than February 1 of each fiscal year, the Administrator shall prepare and submit to the appropriate committees of Congress a report regarding the administration of food assistance programs under subchapter III to benefit foreign countries during the prior fiscal year.
(B) Contents 
An annual report described in subparagraph (A) shall include, with respect to the prior fiscal year
(i) a list that contains a description of each program, country, and commodity approved for assistance under section 1726a of this title; and
(ii) a statement that contains a description of the total amount of funds approved for transportation and administrative costs under section 1726a of this title.
[1] See References in Text note below.

7 USC 1736b - Expiration date

No agreements to finance sales or to provide other assistance under this chapter shall be entered into after December 31, 2012.

1736c, 1736d. Repealed. Pub. L. 104127, title II, 218, 219, Apr. 4, 1996, 110 Stat. 957

Section 1736c, act July 10, 1954, ch. 469, title IV, 409, as added Nov. 11, 1966, Pub. L. 89–808, § 2(E), 80 Stat. 1537; amended July 29, 1968, Pub. L. 90–436, § 1, 82 Stat. 450; Nov. 30, 1970, Pub. L. 91–524, title VII, § 701, 84 Stat. 1379; Aug. 10, 1973, Pub. L. 93–86, § 1(26), 87 Stat. 237; Sept. 29, 1977, Pub. L. 95–113, title XII, § 1208, 91 Stat. 957; Dec. 22, 1981, Pub. L. 97–98, title XII, § 1216, 95 Stat. 1282; Dec. 23, 1985, Pub. L. 99–198, title XI, § 1105, 99 Stat. 1466; Nov. 28, 1990, Pub. L. 101–624, title XV, § 1512, 104 Stat. 3653; Dec. 13, 1991, Pub. L. 102–237, title III, § 322, 105 Stat. 1857, required promulgation of regulations to implement chapter not later than 180 days after Nov. 28, 1990. Section 1736d, act July 10, 1954, ch. 469, title IV, 410, as added Nov. 11, 1966, Pub. L. 89–808, § 2(E), 80 Stat. 1538; amended Nov. 28, 1990, Pub. L. 101–624, title XV, § 1512, 104 Stat. 3653; Dec. 13, 1991, Pub. L. 102–237, title III, § 322, 105 Stat. 1857, provided for independent evaluation of programs under subchapters II, III, and IIIA of this chapter and report to Congress.

7 USC 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 of this chapter if
(1) that country is a least developed country; and
(2) either
(A) an International Monetary Fund standby agreement is in effect with respect to that country;
(B) a structural adjustment program of the International Bank for Reconstruction and Development or of the International Development Association is in effect with respect to that country;
(C) a structural adjustment facility, enhanced structural adjustment facility, or similar supervised arrangement with the International Monetary Fund is in effect with respect to that country; or
(D) even though such an agreement, program, facility, or arrangement is not in effect, the country is pursuing national economic policy reforms that would promote democratic, market-oriented, and long term economic development.
(b) Request for debt relief by President 
The President may provide debt relief under subsection (a) of this section only if a notification is submitted to Congress at least 10 days prior to providing the debt relief. Such a notification shall
(1) specify the amount of official debt the President proposes to liquidate; and
(2) identify the countries for which debt relief is proposed and the basis for their eligibility for such relief.
(c) Appropriations action required 
The aggregate amount of principal and interest waived under this section may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this chapter.
(d) Limitation on new credit assistance 
If the authority of this section is used to waive payments otherwise required to be made by a country pursuant to this chapter, the President may not provide any new credit assistance for that country under this chapter during the 2-year period beginning on the date such waiver authority is exercised, unless the President provides to the Congress, before the assistance is provided, a written justification for the provision of such new credit assistance.
(e) Applicability 
The authority of this section applies with respect to credit sales agreements entered into before November 28, 1990.

7 USC 1736f - Authorization of appropriations

(a) Authorization of appropriations 
There are authorized to be appropriated
(1) 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
(2) such sums as are necessary
(A) to carry out the concessional credit sales program established under subchapter II;
(B) to carry out the grant program established under subchapter IIIA; and
(C) 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 

(1) In general 
Except as provided in paragraph (2) and notwithstanding any other provision of law, the President may direct that up to 15 percent of the funds available for any fiscal year for carrying out any subchapter of this chapter be used to carry out any other subchapter of this chapter.
(2) Subchapter III–A funds 
The President may direct that up to 50 percent of the funds available for any fiscal year for carrying out subchapter IIIA of this chapter be used to carry out subchapter III of this chapter.
(c) Budget 
In presenting the Budget of the United States, the President shall classify expenditures under this chapter as expenditures for international affairs and finance rather than for agriculture and agricultural resources.
(d) Value of commodities 
Notwithstanding any other provision of law, in determining the reimbursement due the Commodity Credit Corporation for all expenses incurred under this chapter, commodities from the inventory of the Commodity Credit Corporation that were acquired under dairy price support operations shall be valued at a price not greater than the export market price for such commodities, as determined by the Secretary, as of the time such commodity is made available under this chapter.
(e) Minimum level of nonemergency food assistance 

(1) Funds and commodities 
Of the amounts made available to carry out emergency and nonemergency food assistance programs under subchapter III, not less than $375,000,000 for fiscal year 2009, $400,000,000 for fiscal year 2010, $425,000,000 for fiscal year 2011, and $450,000,000 for fiscal year 2012 shall be expended for nonemergency food assistance programs under subchapter III.
(2) Exception 
The President may use less than the amount specified in paragraph (1) in a fiscal year for nonemergency food assistance programs under subchapter III only if
(A) the President has made a determination that there is an urgent need for additional emergency food assistance;
(B) the funds and commodities held in the Bill Emerson Humanitarian Trust have been exhausted; and
(C) the President has submitted to Congress a supplemental appropriations request for a sum equal to the amount needed to reach the required spending level for nonemergency food assistance under paragraph (1) and the amount exhausted under paragraph (2)(B).
(3) Notification to Congress 
If the President makes the determination described in paragraph (2)(A), the President shall submit to Congress written notification that the determination has been made.

7 USC 1736f1 - 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) of this section.
(b) Commodities or funds in trust 

(1) In general 
The trust established under this section shall consist of
(A) wheat in the reserve established under the Food Security Wheat Reserve Act of 1980 as of April 4, 1996;
(B) wheat, rice, corn, and sorghum (referred to in this section as eligible commodities) acquired in accordance with paragraph (2) to replenish eligible commodities released from the trust, including wheat to replenish wheat released from the reserve established under the Food Security Wheat Reserve Act of 1980 but not replenished as of April 4, 1996;
(C) such rice, corn, and sorghum as the Secretary may, at such time and in such manner as the Secretary determines appropriate, acquire as a result of exchanging an equivalent value of wheat in the trust established under this section; and
(D) funds made available
(i) under paragraph (2)(B);
(ii) 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
(iii) to maximize the value of the trust, in accordance with subsection (d)(3).
(2) Replenishment of trust 

(A) In general 
Subject to subsection (h) of this section, commodities of equivalent value to eligible commodities in the trust established under this section may be acquired
(i) through purchases
(I) from producers; or
(II) in the market, if the Secretary determines that the purchases will not unduly disrupt the market; or
(ii) by designation by the Secretary of stocks of eligible commodities of the Commodity Credit Corporation.
(B) Funds 
Any funds used to acquire eligible commodities through purchases from producers or in the market to replenish the trust shall be derived
(i) with respect to fiscal years 2000 through 2012 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) of this section, except that, of such funds, not more than $20,000,000 may be expended for this purpose in each of the fiscal years 2000 through 2012;
(ii) from funds authorized for that use by an appropriations Act; or
(iii) from funds accrued through the management of the trust under subsection (d).
(c) Release of eligible commodities 

(1) Releases for emergency assistance 

(A) Definition of emergency 

(i) In general In this paragraph, the term emergency means an urgent situation
(I) in which there is clear evidence that an event or series of events described in clause (ii) has occurred
(aa) that causes human suffering; and
(bb) for which a government concerned has not chosen, or has not the means, to remedy; or
(II) 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.
(ii) Event or series of events An event or series of events referred to in clause (i) includes 1 or more of
(I) a sudden calamity, such as an earthquake, flood, locust infestation, or similar unforeseen disaster;
(II) a human-made emergency resulting in
(aa) a significant influx of refugees;
(bb) the internal displacement of populations; or
(cc) the suffering of otherwise affected populations;
(III) 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
(IV) 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.
(B) Releases 

(i) In general 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.)
(I) to assist in averting an emergency, including during the period immediately preceding the emergency;
(II) to respond to an emergency; or
(III) for recovery and rehabilitation after an emergency.
(ii) Procedure 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.
(C) Insufficiency of other funds 
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.
(D) Waiver relating to minimum tonnage requirements 
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).
(2) Processing of eligible commodities 
Eligible commodities that are released from the trust established under this section may be processed in the United States and shipped to a developing country when conditions in the recipient country require processing.
(3) Exchange 
The Secretary may exchange an eligible commodity for another United States commodity of equal value, including powdered milk, pulses, and vegetable oil.
(4) Use of normal commercial practices 
To the maximum extent practicable consistent with the fulfillment of the purposes of this section and the effective and efficient administration of this section, the Secretary shall use the usual and customary channels, facilities, arrangements, and practices of trade and commerce to carry out this subsection.
(d) Management of trust 

(1) In general 
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.
(2) Eligible commodities 
The Secretary shall provide
(A) 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;
(B) for the periodic rotation or replacement of stocks of eligible commodities in the trust to avoid spoilage and deterioration of the commodities;[1]
(C) subject to the need for release of commodities from the trust under subsection (c)(1) of this section, for the management of the trust to preserve the value of the trust through acquisitions under subsection (b)(2) of this section; and[2]
(3) Funds 

(A) Exchanges 
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).
(B) Investment 
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
(1) considered a part of the total domestic supply (including carryover) for the purpose of subsection (c) of this section or for the purpose of administering the Food for Peace Act (7 U.S.C. 1691 et seq.); and
(2) subject to any quantitative limitation on exports that may be imposed under section 2406 of title 50, Appendix.
(f) Use of Commodity Credit Corporation 

(1) In general 
Subject to the limitations provided in this section, the funds, facilities, and authorities of the Commodity Credit Corporation shall be used by the Secretary in carrying out this section, except that any restriction applicable to the acquisition, storage, or disposition of eligible commodities owned or controlled by the Commodity Credit Corporation shall not apply.
(2) Reimbursement of trust 

(A) In general 
The Commodity Credit Corporation shall be reimbursed for the release of eligible commodities from funds made available to carry out the Food for Peace Act (7 U.S.C. 1691 et seq.) and the funds shall be available to replenish the trust under subsection (b) of this section.
(B) Basis for reimbursement 
The reimbursement shall be made on the basis of the lesser of
(i) the actual costs incurred by the Commodity Credit Corporation with respect to the eligible commodity; or
(ii) the export market price of the eligible commodity (as determined by the Secretary) as of the time the eligible commodity is released from the trust.
(C) Source of funds 
The reimbursement may be made from funds appropriated for subsequent fiscal years.
(g) Finality of determination 
Any determination by the Secretary under this section shall be final.
(h) Termination of authority 

(1) In general 
The authority to replenish stocks of eligible commodities to maintain the trust established under this section shall terminate on September 30, 2012.
(2) Disposal of eligible commodities 
Eligible commodities remaining in the trust after September 30, 2012, shall be disposed of by release for use in providing for emergency humanitarian food needs in developing countries as provided in this section.
[1] So in original. Probably should be followed by “and”.
[2] So in original. The “; and” probably should be a period.

7 USC 1736g - Coordination of foreign assistance programs

(a) In general 
To the maximum extent practicable, assistance for a foreign country under subchapter IIIA of this chapter shall be coordinated and integrated with United States development assistance objectives and programs for that country and with the overall development strategy of that country. Special emphasis should be placed on, and funds devoted to, activities that will increase the nutritional impact of programs of assistance under subchapter IIIA of this chapter, and child survival programs and projects, in least developed countries by improving the design and implementation of such programs and projects.
(b) Report regarding efforts to improve procurement planning 

(1) Report required 
Not later than 90 days after June 18, 2008, the Administrator and the Secretary shall submit to each appropriate committee of Congress a report that contains a description of each effort taken by the Administrator and the Secretary to improve planning for food and transportation procurement (including efforts to eliminate bunching of food purchases).
(2) Contents 
A report required under paragraph (1) should include a description of each effort taken by the Administrator and the Secretary
(A) to improve the coordination of food purchases made by
(i) the United States Agency for International Development; and
(ii) the Department of Agriculture;
(B) to increase flexibility with respect to procurement schedules;
(C) to increase the use of historical analyses and forecasting; and
(D) to improve and streamline legal claims processes for resolving transportation disputes.

7 USC 1736g1 - 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) of this section, the President may provide assistance under this chapter, including assistance through the use of local currencies generated by the sale of commodities under such chapter, for economic development activities undertaken in an eligible country that is a major illicit drug producing country (as defined in section 2291 (i)(2)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.
[1] So in original. Probably should be section “2291(e)(2)”.

7 USC 1736g2 - Micronutrient fortification programs

(a) In general 

(1) Programs 
Not later than September 30, 2008, the Administrator, in consultation with the Secretary, shall establish micronutrient fortification programs.
(2) Purpose 
The purpose of a program shall be to
(A) assist developing countries in correcting micronutrient dietary deficiencies among segments of the populations of the countries; and
(B) 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, using recommendations included in the report entitled Micronutrient Compliance Review of Fortified Public Law 480 Commodities, published in October 2001, with implementation by independent entities with proven experience and expertise in food aid commodity quality enhancements.
(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, 2012.

7 USC 1736g3 - Use of certain local currency

Local currency payments received by the United States pursuant to agreements entered into under subchapter II of this chapter (as in effect on November 27, 1990) may be utilized by the Secretary in accordance with section 1708 of this title (as in effect on November 27, 1990).

7 USC 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.

1736i to 1736k. Repealed. Pub. L. 101624, title XV, 1573, Nov. 28, 1990, 104 Stat. 3702

Section 1736i, Pub. L. 97–98, title XII, § 1203, Dec. 22, 1981, 95 Stat. 1275, provided for a special standby export subsidy program. Section 1736j, Pub. L. 97–98, title XII, § 1204, Dec. 22, 1981, 95 Stat. 1276; Pub. L. 99–198, title XI, § 1133(b), Dec. 23, 1985, 99 Stat. 1489, provided for protection against agricultural embargo. See section 5672 of this title. Section 1736k, Pub. L. 97–98, title XII, § 1205, Dec. 22, 1981, 95 Stat. 1277, provided for development of plans, recommendations, and programs to alleviate the adverse impact of export embargoes on agricultural commodities. See section 5672 of this title.

7 USC 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.

1736m, 1736n. Repealed. Pub. L. 104127, title II, 226, 266, Apr. 4, 1996, 110 Stat. 962, 974

Section 1736m, Pub. L. 97–98, title XII, § 1207, Dec. 22, 1981, 95 Stat. 1278; Pub. L. 99–198, title XI, § 1126(c), Dec. 23, 1985, 99 Stat. 1482, related to expansion of international markets for United States agricultural commodities and products. Section 1736n, Pub. L. 97–98, title XII, § 1208, Dec. 22, 1981, 95 Stat. 1280; Pub. L. 101–624, title XV, § 1515(a), Nov. 28, 1990, 104 Stat. 3663, directed Secretary of Agriculture to continue investigating potential for increased usage of protein byproducts derived from alcohol fuel production and report results to Congress.

7 USC 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:
(1) Cooperative 
The term cooperative has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).
(2) Corporation 
The term Corporation means the Commodity Credit Corporation.
(3) Developing country 
The term developing country has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).
(4) Eligible commodity 
The term eligible commodity means an agricultural commodity, or a product of an agricultural commodity, in inventories of the Corporation or acquired by the President or the Corporation for disposition through commercial purchases under a program authorized under this section.
(5) Eligible entity 
The term eligible entity means
(A) the government of an emerging agricultural country;
(B) an intergovernmental organization;
(C) a private voluntary organization;
(D) a nonprofit">nonprofit agricultural organization or cooperative;
(E) a nongovernmental organization; and
(F) any other private entity.
(6) Food security 
The term food security means access by all people at all times to sufficient food and nutrition for a healthy and productive life.
(7) Nongovernmental organization 
The term nongovernmental organization has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).
(8) Private voluntary organization 
The term private voluntary organization has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).
(9) Program 
The term program means a food assistance or development initiative proposed by an eligible entity and approved by the President under this section.
(c) Program 
In order to use the food resources of the United States more effectively in support of developing countries, and countries that are emerging democracies that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the President shall enter into agreements with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f) of this section.
(d) Consideration for agreements 
In determining whether to enter into an agreement under this section, the President shall consider whether a potential recipient country is committed to carry out, or is carrying out, policies that promote economic freedom, private, domestic production of eligible commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of such eligible commodities. Such policies may provide for, among other things
(1) access, on the part of farmers in the country, to private, competitive markets for their product;
(2) market pricing of eligible commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the countrys domestic needs;
(3) establishment of market-determined foreign exchange rates;
(4) timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers;
(5) access to technologies appropriate to the level of agricultural development in the country; and
(6) construction of facilities and distribution systems necessary to handle perishable products.
(e) Funding of eligible commodities 

(1) The Corporation shall make available to the President such eligible commodities as the President may request for purposes of furnishing eligible commodities under this section.
(2) Notwithstanding any other provision of law, the Corporation may use funds appropriated to carry out title I of the 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) of this section does not apply to eligible commodities furnished on a grant basis or on credit terms under that title.
(3) The Corporation may finance the sale and exportation of eligible commodities, made available under the 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].
(4) 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.
(5) No effect on domestic programs.— 
The President shall not make an eligible commodity available for disposition under this section in any amount that will reduce the amount of the eligible commodity that is traditionally made available through donations to domestic feeding programs or agencies, as determined by the President.
(f) Provision of eligible commodities to developing countries 

(1) The Corporation may provide for
(A) grants, or
(B) sales on credit terms,

of eligible commodities made available under section 1431 (b) of this title for use in carrying out this section.

(2) In carrying out section 1431 (b) of this title, the Corporation may purchase eligible commodities for use under this section if
(A) the Corporation does not hold stocks of such eligible commodities; or
(B) Corporation stocks are insufficient to satisfy commitments made in agreements entered into under this section and such eligible commodities are needed to fulfill such commitments.
(3) No funds of the Corporation in excess of $40,000,000 (exclusive of the cost of eligible commodities) may be used for each of fiscal years 1996 through 2012 to carry out this section with respect to eligible commodities made available under section 1431 (b) of this title unless authorized in advance in appropriation Acts.
(4) The cost of eligible commodities made available under section 1431 (b) of this title which are furnished under this section, and the expenses incurred in connection with furnishing such eligible commodities, shall be in addition to the level of assistance programmed under the Food for Peace Act [7 U.S.C. 1691 et seq.] and may not be considered expenditures for international affairs and finance.
(5) Sale procedure.— 
In making sales of eligible commodities under this section, the Secretary shall follow the sale procedure described in section 403(l) of the Food for Peace Act [7 U.S.C. 1733 (l)].
(6) Project in malawi.— 

(A) In general.— 
In carrying out this section during fiscal year 2009, the President shall approve not less than 1 multiyear project for Malawi
(i) to promote sustainable agriculture; and
(ii) to increase the number of women in leadership positions.
(B) Use of eligible commodities.— 
Of the eligible commodities used to carry out this section during the period in which the project described in subparagraph (A) is carried out, the President shall carry out the project using eligible commodities with a total value of not less than $3,000,000 during the course of the project.
(g) Minimum tonnage 
Subject to subsection (f)(3) of this section, 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 2012.
(h) Prohibition on resale or transshipment of eligible commodities 
An agreement entered into under this section shall prohibit the resale or transshipment of the eligible commodities provided under the agreement to other countries.
(i) Displacement of United States commercial sales 
In entering into agreements under this section, the President shall take reasonable steps to avoid displacement of any sales of United States commodities that would otherwise be made to such countries.
(j) Multicountry or multiyear basis 

(1) In general 
In carrying out this section, the President, on request and subject to the availability of eligible commodities, is encouraged to approve agreements that provide for eligible commodities to be made available for distribution or sale by the recipient on a multicountry or multiyear basis if the agreements otherwise meet the requirements of this section.
(2) Deadline for program announcements 
Before the beginning of any fiscal year, the President shall, to the maximum extent practicable
(A) make all determinations concerning program agreements and resource requests for programs under this section; and
(B) announce those determinations.
(3) Report 
Not later than December 1 of each fiscal year, the President shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a list of programs, countries, and eligible commodities, and the total amount of funds for transportation and administrative costs, approved to date for the fiscal year under this section.
(k) Effective and termination dates 
This section shall be effective during the period beginning October 1, 1985, and ending December 31, 2012.
(l) Administrative expenses 

(1) To enhance the development of private sector agriculture in countries receiving assistance under this section the President may, in each of the fiscal years 1996 through 2012, use in addition to any amounts or eligible commodities otherwise made available under this section for such activities, not to exceed $15,000,000 (or, in the case of fiscal year 1999, $12,000,000) of Corporation funds (or eligible commodities of an equal value owned by the Corporation), to provide assistance in the administration, sale, and monitoring of food assistance programs, and to provide technical assistance for monetization programs, to strengthen private sector agriculture in recipient countries.
(2) To carry out this subsection, the President may provide eligible commodities under agreements entered into under this section in a manner that uses the commodity transaction as a means of developing in the recipient countries a competitive private sector that can provide for the importation, transportation, storage, marketing and distribution of such eligible commodities.
(3) The President may use the assistance provided under this subsection and proceeds derived from the sale of eligible commodities under paragraph (2) to design, monitor, and administer activities undertaken with such assistance, for the purpose of strengthening or creating the capacity of recipient country private enterprises to undertake commercial transactions, with the overall goal of increasing potential markets for United States agricultural eligible commodities.
(4) Humanitarian or development purposes.— 
The Secretary may authorize the use of proceeds to pay the costs incurred by an eligible entity under this section for
(A) 
(i) programs targeted at hunger and malnutrition; or
(ii) development programs involving food security;
(B) transportation, storage, and distribution of eligible commodities provided under this section; and
(C) administration, sales, monitoring, and technical assistance.
(m) Presidential approval 
In carrying out this section, the President shall approve, as determined appropriate by the President, agreements with agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives that provide for
(1) the sale of eligible commodities, including the marketing of eligible commodities through the private sector; and
(2) the use of the proceeds generated in the humanitarian and development programs of such agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives.
(n) Program management 

(1) In general 
The President shall ensure, to the maximum extent practicable, that each eligible entity participating in 1 or more programs under this section
(A) uses eligible commodities made available under this section
(i) in an effective manner;
(ii) in the areas of greatest need; and
(iii) in a manner that promotes the purposes of this section;
(B) in using eligible commodities, assesses and takes into account the needs of recipient countries and the target populations of the recipient countries;
(C) works with recipient countries, and indigenous institutions or groups in recipient countries, to design and carry out mutually acceptable programs authorized under this section; and
(D) monitors and reports on the distribution or sale of eligible commodities provided under this section using methods that, as determined by the President, facilitate accurate and timely reporting.
(2) Requirements 

(A) In general 
Not later than 270 days after May 13, 2002, the President shall review and, as necessary, make changes in regulations and internal procedures designed to streamline, improve, and clarify the application, approval, and implementation processes pertaining to agreements under this section.
(B) Considerations 
In conducting the review, the President shall consider
(i) revising procedures for submitting proposals;
(ii) developing criteria for program approval that separately address the objectives of the program;
(iii) pre-screening organizations and proposals to ensure that the minimum qualifications are met;
(iv) implementing e-government initiatives and otherwise improving the efficiency of the proposal submission and approval processes;
(v) upgrading information management systems;
(vi) improving commodity and transportation procurement processes; and
(vii) ensuring that evaluation and monitoring methods are sufficient.
(C) Consultations 
Not later than 1 year after May 13, 2002, the President shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on changes made in regulations and procedures.
(3) Reports 
Each eligible entity that enters into an agreement under this section shall submit to the President, at such time as the President may request, a report containing such information as the President may request relating to the use of eligible commodities and funds furnished to the eligible entity under this section.
(o) Private voluntary organizations and other private entities 
In entering into agreements described in subsection (c) of this section, the President (acting through the Secretary)
(1) shall enter into agreements with eligible entities described in subparagraphs (C) and (F) of subsection (b)(5) of this section; and
(2) shall not discriminate against such eligible entities.

7 USC 1736o1 - 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.
(b) Program 
Subject to subsection (l) of this section, 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
(1) preschool and school food for education programs in foreign countries to improve food security, reduce the incidence of hunger, and improve literacy and primary education, particularly with respect to girls; and
(2) maternal, infant, and child nutrition programs for pregnant women, nursing mothers, infants, and children who are 5 years of age or younger.
(c) Eligible commodities and cost items 
Notwithstanding any other provision of law
(1) any agricultural commodity is eligible to be provided under this section;
(2) as necessary to achieve the purposes of this section, funds appropriated under this section may be used to pay
(A) 
(i) the cost of acquiring agricultural commodities;
(ii) the costs associated with packaging, enrichment, preservation, and fortification of agricultural commodities;
(iii) the processing, transportation, handling, and other incidental costs up to the time of the delivery of agricultural commodities free on board vessels in United States ports;
(iv) the vessel freight charges from United States ports or designated Canadian transshipment ports, as determined by the Secretary, to designated ports of entry abroad;
(v) the costs associated with transporting agricultural commodities from United States ports to designated points of entry abroad in the case
(I) of landlocked countries;
(II) of ports that cannot be used effectively because of natural or other disturbances;
(III) of the unavailability of carriers to a specific country; or
(IV) of substantial savings in costs or time that may be effected by the utilization of points of entry other than ports; and
(vi) the charges for general average contributions arising out of the ocean transport of agricultural commodities transferred pursuant thereto;
(B) all or any part of the internal transportation, storage, and handling costs incurred in moving the eligible commodity, if the Secretary determines that
(i) payment of the costs is appropriate; and
(ii) the recipient country is a low income, net food-importing country that
(I) meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference; and
(II) has a national government that is committed to or is working toward, through a national action plan, the goals of the World Declaration on Education for All convened in 1990 in Jomtien, Thailand, and the followup Dakar Framework for Action of the World Education Forum, convened in 2000;
(C) the costs of activities conducted in the recipient countries by a nonprofit">nonprofit voluntary organization, cooperative, or intergovernmental agency or organization that would enhance the effectiveness of the activities implemented by such entities under this section; and
(D) the costs of meeting the allowable administrative expenses of private voluntary organizations, cooperatives, or intergovernmental organizations that are implementing activities under this section.
(d) General authorities 
The Secretary shall to[1]
(1) implement the program established under this section;
(2) ensure that the program established under this section is consistent with the foreign policy and development assistance objectives of the United States; and
(3) consider, in determining whether a country should receive assistance under this section, whether the government of the country is taking concrete steps to improve the preschool and school systems in the country.
(e) Eligible entities 
Assistance may be provided under this section to private voluntary organizations, cooperatives, intergovernmental organizations, governments of developing countries and their agencies, and other organizations.
(f) Procedures 

(1) In general 
In carrying out subsection (b) of this section, the Secretary shall ensure that procedures are established that
(A) provide for the submission of proposals by eligible entities, each of which may include 1 or more recipient countries, for commodities and other assistance under this section;
(B) provide for eligible commodities and assistance on a multiyear basis;
(C) ensure that eligible entities demonstrate the organizational capacity and the ability to develop, implement, monitor, report on, and provide accountability for activities conducted under this section;
(D) provide for the expedited development, review, and approval of proposals submitted in accordance with this section;
(E) ensure monitoring and reporting by eligible entities on the use of commodities and other assistance provided under this section; and
(F) allow for the sale or barter of commodities by eligible entities to acquire funds to implement activities that improve the food security of women and children or otherwise enhance the effectiveness of programs and activities authorized under this section.
(2) Priorities for program funding 
In carrying out paragraph (1) with respect to criteria for determining the use of commodities and other assistance provided for programs and activities authorized under this section, the Secretary may consider the ability of eligible entities to
(A) identify and assess the needs of beneficiaries, especially malnourished or undernourished mothers and their children who are 5 years of age or younger, and school-age children who are malnourished, undernourished, or do not regularly attend school;
(B) 
(i) in the case of preschool and school-age children, target low-income areas where childrens enrollment and attendance in school is low or girls enrollment and participation in preschool or school is low, and incorporate developmental objectives for improving literacy and primary education, particularly with respect to girls; and
(ii) in the case of programs to benefit mothers and children who are 5 years of age or younger, coordinate supplementary feeding and nutrition programs with existing or newly-established maternal, infant, and children programs that provide health-needs interventions, including maternal, prenatal, and postnatal and newborn care;
(C) involve indigenous institutions as well as local communities and governments in the development and implementation of the programs and activities to foster local capacity building and leadership; and
(D) carry out multiyear programs that foster local self-sufficiency and ensure the longevity of programs in the recipient country.
(g) Use of Food and Nutrition Service 
The Food and Nutrition Service of the Department of Agriculture may provide technical advice on the establishment of programs under subsection (b)(1) of this section and on implementation of the programs in the field in recipient countries.
(h) Multilateral involvement 

(1) In general 
The 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.
(2) Reports 
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
(1) to
(A) sustain the benefits to the education, enrollment, and attendance of children in schools in the targeted communities when the provision of commodities and assistance to a recipient country under a program under this section terminates; and
(B) estimate the period of time required until the recipient country or eligible organization is able to provide sufficient assistance without additional assistance under this section; or
(2) to provide other long-term benefits to targeted populations of the recipient country.
(k) Requirement to safeguard local production and usual marketing 
The requirement of section 1733 (a) of this title applies with respect to the availability of commodities under this section.
(l) Funding 

(1) Use of Commodity Credit Corporation funds 
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.
(2) Authorization of appropriations 
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.
(3) Administrative expenses 
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.
[1] So in original. The word “to” probably should not appear.

7 USC 1736p - Trade policy declaration

It is hereby declared to be the agricultural trade policy of the United States to
(1) be the premier supplier of agricultural and food products to world markets and expand exports of high value products;
(2) support the principle of free trade and the promotion of fair trade in agricultural commodities and products;
(3) cooperate fully in all efforts to negotiate with foreign countries further reductions in tariff and nontariff barriers to trade, including sanitary and phytosanitary measures and trade-distorting subsidies;
(4) aggressively counter unfair foreign trade practices as a means of encouraging fairer trade;
(5) remove foreign policy constraints to maximize United States economic interests through agricultural trade; and
(6) provide for consideration of United States agricultural trade interests in the design of national fiscal and monetary policy that may foster continued strength in the value of the dollar.

7 USC 1736q - Repealed. Pub. L. 104127, title II, 268, Apr. 4, 1996, 110 Stat. 975

Section, Pub. L. 99–198, title XI, § 1122, Dec. 23, 1985, 99 Stat. 1480, related to liberalization of agricultural trade policy.

7 USC 1736r - Trade negotiations policy

(a) Findings 
Congress finds that
(1) on a level playing field, United States producers are the most competitive suppliers of agricultural products in the world;
(2) exports of United States agricultural products accounted for $54,000,000,000 in 1995, contributing a net $24,000,000,000 to the merchandise trade balance of the United States and supporting approximately 1,000,000 jobs;
(3) increased agricultural exports are critical to the future of the farm, rural, and overall United States economy, but the opportunities for increased agricultural exports are limited by the unfair subsidies of the competitors of the United States, and a variety of tariff and nontariff barriers to highly competitive United States agricultural products;
(4) international negotiations can play a key role in breaking down barriers to United States agricultural exports;
(5) the Uruguay Round Agreement on Agriculture made significant progress in the attainment of increased market access opportunities for United States exports of agricultural products, for the first time
(A) restraining foreign trade-distorting domestic support and export subsidy programs; and
(B) developing common rules for the application of sanitary and phytosanitary restrictions;

that should result in increased exports of United States agricultural products, jobs, and income growth in the United States;

(6) the Uruguay Round Agreement on Agriculture did not succeed in completely eliminating trade distorting domestic support and export subsidies by
(A) allowing the European Union to continue unreasonable levels of spending on export subsidies; and
(B) failing to discipline monopolistic state trading entities, such as the Canadian Wheat Board, that use nontransparent and discriminatory pricing as a hidden de facto export subsidy;
(7) during the period 1996 through 2002, there will be several opportunities for the United States to negotiate fairer trade in agricultural products, including further negotiations under the World Trade Organization, and steps toward possible free trade agreements of the Americas and Asian-Pacific Economic Cooperation (APEC); and
(8) the United States should aggressively use these opportunities to achieve more open and fair opportunities for trade in agricultural products.
(b) Goals of the United States in agricultural trade negotiations 
The objectives of the United States with respect to future negotiations on agricultural trade include
(1) increasing opportunities for United States exports of agricultural products by eliminating tariff and nontariff barriers to trade;
(2) leveling the playing field for United States producers of agricultural products by limiting per unit domestic production supports to levels that are no greater than those available in the United States;
(3) ending the practice of export dumping by eliminating all trade distorting export subsidies and disciplining state trading entities so that they do not (except in cases of bona fide food aid) sell in foreign markets at prices below domestic market prices or prices below their full costs of acquiring and delivering agricultural products to the foreign markets; and
(4) encouraging government policies that avoid price-depressing surpluses.

1736s, 1736t. Repealed. Pub. L. 101624, title XV, 1572(3), Nov. 28, 1990, 104 Stat. 3702

Section 1736s, Pub. L. 99–198, title XI, § 1124, Dec. 23, 1985, 99 Stat. 1481; Pub. L. 99–260, § 5, Mar. 20, 1986, 100 Stat. 49; Pub. L. 100–418, title IV, § 4304, Aug. 23, 1988, 102 Stat. 1397; Pub. L. 101–239, title I, § 1005(b), Dec. 19, 1989, 103 Stat. 2109, provided for targeted export assistance for fiscal years 1986 through 1990. Section 1736t, Pub. L. 99–198, title XI, § 1125, Dec. 23, 1985, 99 Stat. 1482; Pub. L. 100–418, title IV, § 4402(a), Aug. 23, 1988, 102 Stat. 1400, provided for short-term export credits.

7 USC 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">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 A110 issued by the Office of Management and Budget.

1736v to 1736x. Repealed. Pub. L. 101624, title XV, 1572(3), Nov. 28, 1990, 104 Stat. 3702

Section 1736v, Pub. L. 99–198, title XI, § 1127, Dec. 23, 1985, 99 Stat. 1483; Pub. L. 99–260, § 6, Mar. 20, 1986, 100 Stat. 50; Pub. L. 100–418, title IV, § 4306, Aug. 23, 1988, 102 Stat. 1398, provided for program to develop and expand markets for United States agricultural commodities. Section 1736w, Pub. L. 99–198, title XI, § 1128, Dec. 23, 1985, 99 Stat. 1485, provided for program of export sales of poultry, beef and pork meats and meat-food products for 1986 through 1989. Section 1736x, Pub. L. 99–198, title XI, § 1132, Dec. 23, 1985, 99 Stat. 1488; Pub. L. 100–418, title IV, § 4307, Aug. 23, 1988, 102 Stat. 1398, provided for reports by agricultural attaches. See section 1748 of this title.

7 USC 1736y - Contract sanctity and producer embargo protection

It is hereby declared to be the policy of the United States
(1) to foster and encourage the export of agricultural commodities and the products of such commodities;
(2) not to restrict or limit the export of such commodities and products except under the most compelling circumstances;
(3) that any prohibition or limitation on the export of such commodities or products should be imposed only in time of a national emergency declared by the President under the Export Administration Act [50 App. U.S.C. 2401 et seq.]; and
(4) that contracts for the export of such commodities or products entered into before the imposition of any prohibition or limitation on the export of such commodities or products should not be abrogated.

1736z, 1736aa. Repealed. Pub. L. 101624, title XV, 1572(3), Nov. 28, 1990, 104 Stat. 3702

Section 1736z, Pub. L. 99–198, title XI, § 1162, Dec. 23, 1985, 99 Stat. 1499, provided for a regular assessment of certain projects and activities administered by the Secretary and Department of Agriculture. Section 1736aa, Pub. L. 99–198, title XI, § 1167(d), Dec. 23, 1985, 99 Stat. 1503, provided for barter by exporters of agricultural commodities and products for foreign products needed by exporters.

1736bb to 1736bb6. Repealed. Pub. L. 104127, title II, 271(a), Apr. 4, 1996, 110 Stat. 976

Section 1736bb, Pub. L. 100–202, § 1, Dec. 22, 1987, 101 Stat. 1329–445; Pub. L. 100–418, title IV, § 4610(b), Aug. 23, 1988, 102 Stat. 1411, related to establishment of agricultural aid and trade missions. Section 1736bb–1, Pub. L. 100–202, § 2, Dec. 22, 1987, 101 Stat. 1329–445, related to required and additional missions and eligible countries. Section 1736bb–2, Pub. L. 100–202, § 3, Dec. 22, 1987, 101 Stat. 1329–446, related to functions of members of missions to eligible countries. Section 1736bb–3, Pub. L. 100–202, § 4, Dec. 22, 1987, 101 Stat. 1329–446; Pub. L. 100–418, title IV, § 4610(b), Aug. 23, 1988, 102 Stat. 1411, related to mission reports. Section 1736bb–4, Pub. L. 100–202, § 5, Dec. 22, 1987, 101 Stat. 1329–446; Pub. L. 100–418, title IV, § 4610(b), Aug. 23, 1988, 102 Stat. 1411, related to quarterly progress reports on implementing recommendations of missions. Section 1736bb–5, Pub. L. 100–202, § 6, Dec. 22, 1987, 101 Stat. 1329–447; Pub. L. 100–418, title IV, § 4610(b), Aug. 23, 1988, 102 Stat. 1411, related to authorization of appropriations. Section 1736bb–6, Pub. L. 100–202, § 7, Dec. 22, 1987, 101 Stat. 1329–447; Pub. L. 100–418, title IV, § 4610(b), Aug. 23, 1988, 102 Stat. 1411; Pub. L. 101–624, title XV, § 1515(b), Nov. 28, 1990, 104 Stat. 3663; Pub. L. 102–237, title III, § 307, Dec. 13, 1991, 105 Stat. 1856, provided definitions for former sections 1736bb to 1736bb–6.

7 USC 1736cc - Repealed. Pub. L. 101624, title XV, 1577, Nov. 28, 1990, 104 Stat. 3702

Section, Pub. L. 101–220, § 13, Dec. 12, 1989, 103 Stat. 1884, prohibited duty drawback claims by exporters who used certain export promotion programs.