View all text of Subchapter IV [§ 1731 - § 1736dd]
§ 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—
(1) 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
(2) 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
(c) Transshipment
(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
(2) Sale price
(f) Publicity
(g) Participation of private sector
(h) Safeguard usual marketings
(i) Military distribution of food aid
(1) In general
(2) Prohibition on handling of commodities by the military
(A) In general
(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
(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
(k) Abortion prohibition
(l) Sale procedure
(1) In general
Subsections (b) and (h) shall apply to sales of commodities in recipient countries to generate proceeds to carry out projects under—
(A) subchapters II and III;
(B)section 1431(b) of this title; and
(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
(2) Currency
(July 10, 1954, ch. 469, title IV, § 403, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87–703, title II, § 201(3), Sept. 27, 1962, 76 Stat. 611; Pub. L. 88–638, § 1(17), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 95–113, title XII, § 1206, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96–533, title IV, § 407, Dec. 16, 1980, 94 Stat. 3151; Pub. L. 97–98, title XII, § 1214, Dec. 22, 1981, 95 Stat. 1282; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3646; Pub. L. 102–237, title III, § 321, Dec. 13, 1991, 105 Stat. 1857; Pub. L. 104–127, title II, § 213, Apr. 4, 1996, 110 Stat. 956; Pub. L. 107–171, title III, § 3009(a), May 13, 2002, 116 Stat. 283; Pub. L. 113–79, title III, § 3008, Feb. 7, 2014, 128 Stat. 775; Pub. L. 115–334, title III, §§ 3109, 3112(b), Dec. 20, 2018, 132 Stat. 4604, 4606.)