Collapse to view only § 1736u. Cooperator market development program
- § 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 Repealed.
- § 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 Repealed.
- § 1736l. Consultation on grain marketing
- §§ 1736m, 1736n. Repealed.
- § 1736o. Food for progress
- § 1736o-1. McGovern-Dole International Food for Education and Child Nutrition Program
- § 1736p. Trade policy declaration
- § 1736q. Repealed.
- § 1736r. Trade negotiations policy
- §§ 1736s, 1736t. Repealed.
- § 1736u. Cooperator market development program
- §§ 1736v to 1736x. Repealed.
- § 1736y. Contract sanctity and producer embargo protection
- §§ 1736z, 1736aa. Repealed.
- §§ 1736bb to 1736bb-6. Repealed.
- § 1736cc. Repealed.
- § 1736dd. International food security technical assistance
§ 1731. Commodity determinations
(a) Ineligible commodities
(1) Alcoholic beverages
(2) Tobacco
(b) Market development activities
(July 10, 1954, ch. 469, title IV, § 401, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87–703, title II, § 201(1), Sept. 27, 1962, 76 Stat. 610; Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95–88, title II, § 212, Aug. 3, 1977, 91 Stat. 551; Pub. L. 95–113, title XII, § 1204, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96–53, title II, § 208, Aug. 14, 1979, 93 Stat. 370; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3645; Pub. L. 104–127, title II, § 212, Apr. 4, 1996, 110 Stat. 955; Pub. L. 110–246, title III, § 3014(a), June 18, 2008, 122 Stat. 1826.)
§ 1732. Definitions
As used in this chapter:
(1) Administrator
(2) Agricultural commodity
(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
(5) Developing country
(6) Food security
(7) Nongovernmental organization
(8) Private voluntary organization
(9) Secretary
(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—
(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.)
§ 1734. Agreements
(a) In general
(b) Terms of agreement
An agreement entered into under this chapter shall—
(1) include an estimate of the annual value or volume of agricultural commodities proposed to be made available to the country or eligible organization under the agreement;
(2) with respect to agreements entered into with foreign countries under subchapters II and III–A, include a statement of the manner in which the agricultural commodities provided under the agreement or the revenues generated by the sale of such commodities (if such commodities are sold), will be integrated into the overall development plans of the country to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable agriculture and broad-based economic growth;
(3) with respect to agreements entered into under subchapters II and III–A, include a statement of the manner in which competitive private sector participation within the recipient country in the storage, marketing, transportation, and distribution of agricultural commodities made available under this chapter will be encouraged;
(4) include a statement that such agreement shall be subject to the availability, during each fiscal year to which the agreement applies, of the necessary appropriations and agricultural commodities; and
(5) contain such other terms and conditions as the Secretary or the Administrator, as appropriate, determines to be necessary.
(c) Multi-year agreements
(1) In general
Agreements to provide assistance on a multi-year basis to recipient countries or to eligible organizations—
(A) may be made available under subchapters II and III–A; and
(B) shall be made available under subchapter III.
(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.
(July 10, 1954, ch. 469, title IV, § 404, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 96–53, title II, § 209, Aug. 14, 1979, 93 Stat. 370; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3648; Pub. L. 104–127, title II, § 214, Apr. 4, 1996, 110 Stat. 956.)
§ 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
(b) Included expensesWith respect to commodities made available under subchapters III and III–A, 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, distribution, and program implementation costs to use the commodities; and
(7) the charges for general average contributions arising out of the ocean transport of commodities transferred pursuant thereto.
(c) Commodity Credit Corporation
(d) Availability of funds
(July 10, 1954, ch. 469, title IV, § 406, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87–703, title II, § 201(5), Sept. 27, 1962, 76 Stat. 611; Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 94–161, title II, § 214,
§ 1736–1. Special Assistant for Agricultural Trade and Food Assistance
(a) Appointment by President
(b) Service in Executive Office of President
(c) Required functionsThe 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
(Pub. L. 99–198, title XI, § 1113(a)–(d), Dec. 23, 1985, 99 Stat. 1479; Pub. L. 99–260, § 4(a)(1), (b), (d), Mar. 20, 1986, 100 Stat. 49; Pub. L. 101–624, title XV, § 1572(2), Nov. 28, 1990, 104 Stat. 3702.)
§ 1736a. Administrative provisions
(a) Subchapter II programs
(1) Acquisitions
(2) Invitation for bid
(b) Agents
(1) Authority of Secretary or Commodity Credit Corporation
(A) General rule
(B) Exception
(C) Avoidance of conflict of interest of contractors
(2) Reasonable fees and commissions
(A) Fees
(B) Prohibition on commissions
(3) LimitationsNo 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
(c) Subchapters III and III–A program
(1) Acquisition
(A) In general
(B) Certain commodities made available for nonemergency assistance
(2) Freight procurement
(3) Avoidance of conflict of interest
(4) Prepositioning
(A) In general
(B) Additional prepositioning sites
(5) Nonemergency or multiyear agreements
(d) Timing of shipmentsIn 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–AAn agreement under subchapters II and III–A 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 report regarding food aid programs and activities
(1) Annual report
(2) ContentsAn annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following:
(A) 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).
(B) 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.
(C) A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to—
(i) this chapter;
(ii)section 1431(b) of this title;
(iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and
(iv) the McGovern-Dole International Food for Education and Child Nutrition Program established by section 1736o–1 of this title.
(D) 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.
(E) 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.
(F) 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.
(G) An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.
(H) 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:
(i) How such funds were used by the eligible organization.
(ii) 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.
(iii) 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.
(I) For funds expended for purposes of section 1
1 So in original. Probably should be “sections”.
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.(3) Rate of return describedFor purposes of applying subparagraph (H) of paragraph (2), the rate of return for a commodity shall be equal to the proportion that—
(A) the proceeds the implementing partners generate through monetization; bears to
(B) the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.
(July 10, 1954, ch. 469, title IV, § 407, as added Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L. 90–436, § 8, July 29, 1968, 82 Stat. 451; Pub. L. 94–161, title II, § 210, Dec. 20, 1975, 89 Stat. 854; Pub. L. 101–508, title I, § 1204(b)(3), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3650; Pub. L. 102–237, title III, §§ 319, 324, 325, 328, 329, 332, Dec. 13, 1991, 105 Stat. 1857, 1858; Pub. L. 104–66, title I, § 1011(e), Dec. 21, 1995, 109 Stat. 709; Pub. L. 104–127, title II, § 216, Apr. 4, 1996, 110 Stat. 957; Pub. L. 106–472, title III, § 310(b), Nov. 9, 2000, 114 Stat. 2076; Pub. L. 107–171, title III, §§ 3010, 3011, May 13, 2002, 116 Stat. 284; Pub. L. 110–246, title III, §§ 3017, 3018(a), June 18, 2008, 122 Stat. 1827; Pub. L. 113–79, title III, §§ 3009, 3010, Feb. 7, 2014, 128 Stat. 776, 777; Pub. L. 115–334, title III, §§ 3111, 3112(a), Dec. 20, 2018, 132 Stat. 4605.)
§ 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) AuthorityThe 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—
(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 PresidentThe 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—
(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
(d) Limitation on new credit assistance
(e) Applicability
(July 10, 1954, ch. 469, title IV, § 411, as added Pub. L. 91–524, title VII, § 704, Nov. 30, 1970, as added Pub. L. 93–86, § 1(26), Aug. 10, 1973, 87 Stat. 237; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3654; Pub. L. 102–237, title III, §§ 322, 326, 336, Dec. 13, 1991, 105 Stat. 1857, 1859.)
§ 1736f. Authorization of appropriations
(a) Authorization of appropriationsThere 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 III–A; 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
(2) Subchapter III–A funds
(c) Budget
(d) Value of commodities
(e) Minimum level of nonemergency food assistance
(1) In general
(2) Community development funds
(3) Farmer-to-farmer program
(July 10, 1954, ch. 469, title IV, § 412, as added Pub. L. 94–161, title II, § 212, Dec. 20, 1975, 89 Stat. 855; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3655; Pub. L. 104–127, title II, § 220, Apr. 4, 1996, 110 Stat. 958; Pub. L. 106–387, § 1(a) [title VII, § 768], Oct. 28, 2000, 114 Stat. 1549, 1549A–45; Pub. L. 110–246, title III, §§ 3020, 3021, June 18, 2008, 122 Stat. 1829; Pub. L. 113–79, title III, § 3012, Feb. 7, 2014, 128 Stat. 777; Pub. L. 115–334, title III, § 3114, Dec. 20, 2018, 132 Stat. 4607.)
§ 1736f–1. Establishment of commodity trust
(a) In general
(b) Commodities or funds in trust
(1) In generalThe 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 generalSubject to subsection (h), 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) FundsAny 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 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;
(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 generalIn 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 eventsAn 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 generalAny 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
(C) Insufficiency of other funds
(D) Waiver relating to minimum tonnage requirements
(2) Processing of eligible commodities
(3) Exchange
(4) Use of normal commercial practices
(d) Management of trust
(1) In general
(2) Eligible commoditiesThe 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
1 So in original. Probably should be followed by “and”.
(C) 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
2 So in original. The “; and” probably should be a period.
(3) Funds
(A) Exchanges
(B) Investment
(e) Treatment of trust under other lawEligible 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) 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 4606 3
3 See References in Text note below.
of title 50.(f) Use of Commodity Credit Corporation
(1) In general
(2) Reimbursement of trust
(A) In general
(B) Basis for reimbursementThe 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
(g) Finality of determination
(h) Termination of authority
(1) In general
(2) Disposal of eligible commodities
(Pub. L. 96–494, title III, § 302, as added Pub. L. 104–127, title II, § 225(a), Apr. 4, 1996, 110 Stat. 959; amended Pub. L. 105–385, title II, § 212(a), (b)(3), Nov. 13, 1998, 112 Stat. 3465, 3467; Pub. L. 107–171, title III, § 3202, May 13, 2002, 116 Stat. 300; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(E), 3201, June 18, 2008, 122 Stat. 1820, 1834; Pub. L. 113–79, title III, § 3202, Feb. 7, 2014, 128 Stat. 779; Pub. L. 115–334, title III, § 3303, Dec. 20, 2018, 132 Stat. 4619; Pub. L. 118–22, div. B, title I, § 102(d)(2), Nov. 17, 2023, 137 Stat. 116.)
§ 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
(b) Exception for narcotics control
(July 10, 1954, ch. 469, title IV, § 414, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3656.)
§ 1736g–2. Micronutrient fortification programs
(a) In general
(1) 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.
(b) Fortification
(c) Termination of authority
(July 10, 1954, ch. 469, title IV, § 415, as added Pub. L. 104–127, title II, § 222, Apr. 4, 1996, 110 Stat. 958; amended Pub. L. 107–171, title III, § 3013, May 13, 2002, 116 Stat. 284; Pub. L. 110–246, title III, § 3023, June 18, 2008, 122 Stat. 1830; Pub. L. 113–79, title III, § 3013, Feb. 7, 2014, 128 Stat. 777; Pub. L. 115–334, title III, § 3115, Dec. 20, 2018, 132 Stat. 4607.)
§ 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
(b) DefinitionsIn this section:
(1) Cooperative
(2) Corporation
(3) Developing country
(4) Eligible commodity
(5) Eligible entityThe term “eligible entity” means—
(A) the government of an emerging agricultural country;
(B) an intergovernmental organization;
(C) a private voluntary organization;
(D) a nonprofit agricultural organization or cooperative;
(E) a nongovernmental organization;
(F) a college or university (as such terms are defined in section 3103(4) of this title); and
(G) any other private entity.
(6) Food security
(7) Nongovernmental organization
(8) Private voluntary organization
(9) Program
(10) Rate of returnFor purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that—
(A) the proceeds eligible entities generate through monetization of such commodity, bears to
(B) the cost to the Federal Government to procure and ship the commodity to the country where it is monetized.
(11) Secretary
(c) Program
(d) Consideration for agreementsIn 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—
(1) access, on the part of farmers in the country, to private, competitive markets for their product;
(2) market pricing of eligible commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the country’s domestic needs;
(3) establishment of market-determined foreign exchange rates;
(4) timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers;
(5) access to technologies appropriate to the level of agricultural development in the country; and
(6) construction of facilities and distribution systems necessary to handle perishable products.
(e) Funding of eligible commodities
(1) The Corporation shall make available to the Secretary such eligible commodities as the Secretary 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) 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 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
(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 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.
(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 eligible 1
1 So in original.
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
(h) Prohibition on resale or transshipment of eligible commodities
(i) Displacement of United States commercial sales
(j) Multicountry or multiyear basis
(1) In general
(2) Deadline for program announcementsBefore the beginning of any fiscal year, the Secretary 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) ReportNot 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) 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;
(B) a description of the actual rate of return for each commodity made available under this section for the previous fiscal year including—
(i) factors that influenced the rate of return; and
(ii) 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
(C) 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
(l) Administrative expenses
(1) 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 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 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.
(3) 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.
(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) Secretarial approvalIn 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—
(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 generalThe Secretary 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 Secretary, facilitate accurate and timely reporting.
(2) Requirements
(A) In general
(B) ConsiderationsIn conducting the review, the Secretary 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
(3) Reports
(o) Private voluntary organizations and other private entitiesIn entering into agreements described in subsection (c), the Secretary—
(1) shall enter into agreements with eligible entities described in subparagraphs (C) and (G) of subsection (b)(5); and
(2) shall not discriminate against such eligible entities.
(p) Pilot agreements
(1) In general
(2) Report requiredIn 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—
(A) the amount provided to eligible entities under each pilot agreement pursuant to paragraph (1) and how the funds were used;
(B) the activities carried out under each pilot agreement;
(C) the number of direct and indirect beneficiaries of those activities; and
(D) the effectiveness of the pilot agreements, including as applicable the impact on food security and agricultural productivity.
(3) Authorization of appropriations
(Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985, 99 Stat. 1472; Pub. L. 100–418, title IV, § 4303, Aug. 23, 1988, 102 Stat. 1397; Pub. L. 101–624, title XV, §§ 1516, 1572(1), Nov. 28, 1990, 104 Stat. 3663, 3702; Pub. L. 102–237, title III, § 335, Dec. 13, 1991, 105 Stat. 1859; Pub. L. 102–511, title VII, § 701, Oct. 24, 1992, 106 Stat. 3348; Pub. L. 104–127, title II, §§ 227, 265(b), Apr. 4, 1996, 110 Stat. 962, 974; Pub. L. 105–277, div. A, § 101(a) [title XI, § 1125], Oct. 21, 1998, 112 Stat. 2681, 2681–45; Pub. L. 107–171, title III, §§ 3009(b)(2), 3106, May 13, 2002, 116 Stat. 283, 291; Pub. L. 108–7, div. A, title VII, § 745, Feb. 20, 2003, 117 Stat. 44; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(F), 3014(b)(2), 3105, June 18, 2008, 122 Stat. 1820, 1826, 1833; Pub. L. 113–79, title III, § 3201, Feb. 7, 2014, 128 Stat. 779; Pub. L. 115–334, title III, § 3302, Dec. 20, 2018, 132 Stat. 4617.)
§ 1736o–1. McGovern-Dole International Food for Education and Child Nutrition Program
(a) Definition of agricultural commodityIn this section, the term “agricultural commodity” means an agricultural commodity, or a product of an agricultural commodity, that—
(1) is produced in the United States; or
(2)
(A) is produced in and procured from—
(i) a developing country that is a recipient country; or
(ii) a developing country in the same region as a recipient country; and
(B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.
(b) ProgramSubject 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—
(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 itemsNotwithstanding 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;
(vi) 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
(vii) 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 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 authoritiesThe Secretary shall—
(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
(f) Procedures
(1) In generalIn carrying out subsection (b), 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 to the maximum extent practicable that assistance—
(i) is provided under this section in a timely manner; and
(ii) is available when needed throughout the applicable school year;
(F) ensure monitoring and reporting by eligible entities on the use of commodities and other assistance provided under this section; and
(G) 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 fundingIn 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 children’s enrollment and attendance in school is low or girls’ enrollment and participation in preschool or school is low, and incorporate developmental objectives for improving literacy and primary education, particularly with respect to girls; and
(ii) in the case of programs to benefit mothers and children who are 5 years of age or younger, coordinate supplementary feeding and nutrition programs with existing or newly-established maternal, infant, and children programs that provide health-needs interventions, including maternal, prenatal, and postnatal and newborn care;
(C) involve indigenous institutions as well as local communities and governments in the development and implementation of the programs and activities to foster local capacity building and leadership; and
(D) carry out multiyear programs that foster local self-sufficiency and ensure the longevity of programs in the recipient country.
(g) Use of Food and Nutrition Service
(h) Multilateral involvement
(1) In general
(2) Reports
(i) Private sector involvement
(j) GraduationAn 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
(l) Funding
(1) Use of Commodity Credit Corporation funds
(2) Authorization of appropriations
(3) Administrative expenses
(4) Purchase of commodities
(Pub. L. 107–171, title III, § 3107, May 13, 2002, 116 Stat. 295; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(G), 3106, June 18, 2008, 122 Stat. 1820, 1833; Pub. L. 113–79, title III, § 3204, Feb. 7, 2014, 128 Stat. 780; Pub. L. 115–334, title III, § 3309, Dec. 20, 2018, 132 Stat. 4622.)
§ 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.
(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) FindingsCongress 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 negotiationsThe 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.
(Pub. L. 99–198, title XI, § 1123, Dec. 23, 1985, 99 Stat. 1481; Pub. L. 104–127, title II, § 269, Apr. 4, 1996, 110 Stat. 975.)
§§ 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
(b) Exemption from requirements of OMB circular
(Pub. L. 99–198, title XI, § 1126(a), (b), Dec. 23, 1985, 99 Stat. 1482.)
§§ 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—
(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; 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.
(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
(b) Collection of information
(c) Public availabilityTo 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—
(1) public education; and
(2) use by—
(A) a Federal, State, or local agency;
(B) an agency or instrumentality of the government of a foreign country;
(C) a domestic or international organization, including a domestic or international nongovernmental organization; and
(D) an intergovernmental organization.
(d) Technical assistance
(e) Program priority
(f) Authorization of appropriations
(Pub. L. 101–624, title XV, § 1543B, as added Pub. L. 115–334, title III, § 3308, Dec. 20, 2018, 132 Stat. 4621.)