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7 U.S.C. § 1736 — Agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Before entering into agreements with foreign countries under subchapters II and III–A for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic development purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development.
**(b) Terms of agreement** An agreement entered into under this chapter shall—
(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
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Source file: Laws/federal/codes/united-states-code/title-7/section-1736-agreements--fa9e95d539.md
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Source location: Title 7, Chapter 41, § 1736; chapter-041-food-for-peace.md
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**(a) In general** Before entering into agreements with foreign countries under subchapters II and III–A for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic development purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development.
**(b) Terms of agreement** An agreement entered into under this chapter shall—
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of negotiations** The Secretary of State and the Secretary of the Treasury shall, in every feasible instance, notify the designated congressional committees not less than 15 days prior to any formal negotiation for debt relief under this subchapter.
**(b) Transmittal of text of agreements** The Secretary of State shall transmit to the designated congressional committees a copy of the text of any agreement with any foreign government which would result in any debt relief under this subchapter no less than 30 days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief.
**(c) Annual report** The Secretary of State or the Secretary of the Treasury, as appropriate, shall submit to the designated congressional committees not later than February 1 of each year a consolidated statement of the budgetary implications of all debt relief agreements entered into force under this subchapter during the preceding fiscal year.
**(d) Designated congressional committees** As used in this section, the term “designated congressional committees” means the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1691
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical training program** The Agency for International Development shall develop and implement a program for extending basic agribusiness, commercial, entrepreneurial, financial, scientific, and technical skills to the people of Poland and Hungary to enable them to better meet their needs and develop a market economy. This program shall include management training and agricultural extension activities.
**(b) Participation by Enterprise Funds and other agencies and organizations** In carrying out subsection (a), the Agency for International Development may utilize the Polish-American Enterprise Fund and the Hungarian-American Enterprise Fund and other appropriate Government and private agencies, programs, and organizations such as—
(1) the Department of Agriculture;
(2) the Farmer-to-Farmer Program under section 1736(a)(1) and (2) of title 7;
(3) the International Executive Service Corps;
(4) the Foundation for the Development of Polish Agriculture;
(5) the World Council of Credit Unions; and
(6) other United States, Polish, and Hungarian private and voluntary organizations and private sector entities.
**(c) Nonapplicability of other provisions of law** Assistance provided pursuant to subsection (a) under the authorities of part I of the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] may be provided notwithstanding any other provision of law.
**(d) Authorization of appropriations** For purposes of implementing this section, there are authorized to be appropriated $10,000,000 for the 3-year period beginning October 1, 1989, to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2151](https://uscode.house.gov/view.x
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5425
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect on other programs** Nothing in the Global Food Security Strategy or this chapter or the amendments made by this Act shall be construed to supersede or otherwise affect the authority of the relevant Federal departments and agencies to carry out programs specified in subsection (b), in the manner provided, and subject to the terms and conditions, of those programs, including, but not limited to, the terms, conditions, and requirements relating to the procurement and transportation of food assistance furnished pursuant to such programs.
**(b) Programs described** The programs referred to in subsection (a) are the following:
(1) The Food for Peace Act ([7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.).
(2) The Food for Progress Act of 1985 ([7 U.S.C. 1736](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1736&num=0&edition=prelim)o).
(3) Section 416(b) of the Agriculture 11 So in original. Probably should be “Agricultural”. Act of 1949 ([7 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431&num=0&edition=prelim)).22 So in original. Probably should be “1431(b)).”
(4) McGovern-Dole Food for Education Program ([7 U.S.C. 1736](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1736&num=0&edition=prelim)o–1).
(5) Local and Regional Procurement Program ([7 U.S.C. 1726c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1726c&num=0&edition=prelim)).
(6) Bill Emerson Humanitarian Trust Act ([7 U.S.C. 1736f–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1736f–1&num=0&edition=prelim)).
(7) Any other food and nutrition security and emergency an
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9308
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible recipients; barter; estimates; reprocessing and other charges** In order to prevent the waste of commodities whether in private stocks or acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the Commodity Credit Corporation is authorized, on such terms and under such regulations as the Secretary of Agriculture may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs, in nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, including hospitals and facilities, to the extent that they serve needy persons (including infants and children). In the case of clause (3) the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under clause (3). The Commodity Credit Corporation may pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of the United States to use its abundant agricultural productivity to promote the foreign policy of the United States by enhancing the food security of the developing world through the use of agricultural commodities and local currencies accruing under this chapter to—
(1) combat world hunger and malnutrition and their causes;
(2) promote broad-based, equitable, and sustainable development, including agricultural development;
(3) expand international trade;
(4) foster and encourage the development of private enterprise and democratic participation in developing countries; and
(5) prevent conflicts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1692
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Federal law — U.S. Code and appendices · legal_authorities
**(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** The Secretary or the Administrator, as appropriate, shall ensure that the importation of United States agricultural commodities, the use of food procured outside of the United States, food vouchers, and cash transfers for food, and the use of local currencies for development purposes will not have a disruptive impact on the farmers or the local economy of the recipient country. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within the recipient country.
**(c) Transshipment** The Secretary or the Administrator, as appropriate, shall, under such terms and conditions as are determined to be appropriate, require commitments designed to prevent or restrict the resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities donated or purchased under this chapter.
**(d) Private trade channels and
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1735
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Subchapter II programs**
(1) **Acquisitions** — The importing country or private entity that enters into an agreement under subchapter II shall acquire the agricultural commodities to be financed under subchapter II.
(2) **Invitation for bid** — No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under subchapter II unless such purchases are made on the basis of an invitation for bid that is publicly advertised in the United States, and on the basis of bid offerings that shall conform to such invitation and be received and publicly opened in the United States. All awards in the purchase of commodities or ocean transportation financed under subchapter II shall be consistent with open, competitive, and responsive bid procedures, as determined appropriate by the Secretary. Resulting contracts may contain such terms and conditions as the Secretary determines are necessary and appropriate.
**(b) Agents**
(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.
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1736c, 1736d
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1732&num=0&edition=prelim)).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1732&num=0&edition=prelim)).
(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 Secretary or the Corporation for disposition through commercial purchases under a program authorized under this section.
(5) **Eligible entity** — The term “eligible entity” means—
(A) the government of an emerging agricultural country;
(B) an intergovernmental organization;
(C) a private voluntary organization;
(D) a nonprofit agricultural organization or cooperative;
(E) a nongovernmental organization;
(F) a college or university (as such terms are defined in [section 3103(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3103/4&num=0&edition=prelim)); and
(G) 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 mea
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1736p
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Federal law — U.S. Code and appendices · legal_authorities
In this Act, the term “Secretary” means the Secretary of Agriculture.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8711
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