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7 U.S.C. § 1736g–1 — Establishment of commodity trust
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To provide for a trust solely to meet emergency humanitarian food needs in developing countries, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall establish and maintain a trust of wheat, rice, corn, or sorghum, any combination of the commodities, or funds for use as described in subsection (c).
**(b) Commodities or funds in trust**
(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), commodities of equivalent value to eligible commodities in the trust established under this section may be acquired—
(i) through purchases—
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Source location: Title 7, Chapter 41, § 1736g–1; chapter-041-food-for-peace.md
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**(a) In general** To provide for a trust solely to meet emergency humanitarian food needs in developing countries, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall establish and maintain a trust of wheat, rice, corn, or sorghum, any combination of the commodities, or funds for use as described in subsection (c).
**(b) Commodities or funds in trust**
(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), 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 2023 from funds made available to carry out 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.) 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1721&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1721&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1724/a/3&num=0&edition=prelim)) 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; 11 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 22 So in original. The “; and” probably should be a period.
(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) or for the purpose of administering 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.); and
(2) subject to any quantitative limitation on exports that may be imposed under section 4606 33 See References in Text note below. of title 50.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.) and the funds shall be available to replenish the trust under subsection (b).
(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, 2023.
(2) **Disposal of eligible commodities** — Eligible commodities remaining in the trust after September 30, 2026, shall be disposed of by release for use in providing for emergency humanitarian food needs in developing countries as provided in this section.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections were omitted as part of the complete revision of the Agricultural Trade Act of 1978 (Pub. L. 95–501) by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87 (§ 5601 et seq.) of this title.
Section 1707b, Pub. L. 95–501, title II, § 201, Oct. 21, 1978, 92 Stat. 1686, provided for a program of deferred payment sales of agricultural commodities.
Section 1707c, Pub. L. 95–501, title II, § 202, Oct. 21, 1978, 92 Stat. 1687, provided for a program of credit sales to People’s Republic of China.
Section 1707d, Pub. L. 95–501, title II, § 203, Oct. 21, 1978, 92 Stat. 1687, defined “agricultural commodity”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
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Federal law — U.S. Code and appendices · legal_authorities
Page 956
TITLE 7—AGRICULTURE
§ 1691
Sec.
1738m.
Annual report to Congress.
1738n.
Consultations with Congress.
1738o.
Sale of qualified debt to eligible coun-
tries.
1738p.
Sale, reduction, or cancellation of quali-
fied debt to facilitate certain debt
swaps.
1738q.
Notification to congressional commit-
tees.
1738r.
‘‘Qualified debt’’ defined.
§ 1691. United States policy
It is the policy of the United States to use its
abundant agricultural productivity to promote
the foreign policy of the United States by en-
hancing the food security of the developing
world through the use of agricultural commod-
ities and local currencies accruing under this
chapter to—
(1) combat world hunger and malnutrition
and their causes;
(2) promote broad-based, equitable, and sus-
tainable development, including agricultural
development;
(3) expand international trade;
(4) foster and encourage the development of
private enterprise and democratic participa-
tion in developing countries; and
(5) prevent conflicts.
(July 10, 1954, ch. 469, § 2, 68 Stat. 454; Pub. L.
89–808, § 2(A), Nov. 11, 1966, 80 Stat. 1526; Pub. L.
94–161, title II, § 201, Dec. 20, 1975, 89 Stat. 850;
Pub. L. 99–198, title XI, § 1111(a), Dec. 23, 1985, 99
Stat. 1474; Pub. L. 101–624, title XV, § 1512, Nov.
28, 1990, 104 Stat. 3633; Pub. L. 107–171, title III,
§ 3001, May 13, 2002, 116 Stat. 280; Pub. L. 110–246,
title III, § 3002, June 18, 2008, 122 Stat. 1821.)
Editorial Notes
AMENDMENTS
2008—Pars. (4) to (6). Pub. L. 110–246 redesignated
pars. (5) and (6) as (4) and (5), respectively, and struck
out former par. (4) which read as follows: ‘‘develop and
expand export markets for United States agricultural
commodities;’’.
2002—Par. (6). Pub. L. 107–171 added par. (6).
1990—Pub. L. 10
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1691
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Federal law — U.S. Code and appendices · legal_authorities
Page 971
TITLE 7—AGRICULTURE
§ 1721
Sept. 6, 1965, Pub. L. 89–171, pt. III, § 401, 79 Stat. 662;
Nov. 11, 1966, Pub. L. 89–808, § 2(B), 80 Stat. 1532, relating
to policy of encouraging overseas sales of commodities,
was omitted in the general revision of this chapter by
Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat.
3633.
§ 1707a. Repealed. Pub. L. 101–624, title XV,
§ 1574, Nov. 28, 1990, 104 Stat. 3702
Section, Pub. L. 89–808, § 4, Nov. 11, 1966, 80 Stat. 1538;
Pub. L. 95–501, title I, § 101, Oct. 21, 1978, 92 Stat. 1685;
Pub. L. 97–98, title XII, § 1201, Dec. 22, 1981, 95 Stat. 1274;
Pub. L. 98–623, title IV, § 405(c), Nov. 8, 1984, 98 Stat.
3409; Pub. L. 99–198, title XI, §§ 1130, 1131, Dec. 23, 1985,
99 Stat. 1486; Pub. L. 100–418, title IV, § 4402(b), Aug. 23,
1988, 102 Stat. 1400, provided for an export credit sales
program. See section 5621 et seq. of this title.
§§ 1707b to 1707d. Omitted
Editorial Notes
CODIFICATION
Sections were omitted as part of the complete revi-
sion of the Agricultural Trade Act of 1978 (Pub. L.
95–501) by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990,
104 Stat. 3668. See chapter 87 (§ 5601 et seq.) of this title.
Section 1707b, Pub. L. 95–501, title II, § 201, Oct. 21,
1978, 92 Stat. 1686, provided for a program of deferred
payment sales of agricultural commodities.
Section 1707c, Pub. L. 95–501, title II, § 202, Oct. 21,
1978, 92 Stat. 1687, provided for a program of credit sales
to People’s Republic of China.
Section 1707d, Pub. L. 95–501, title II, § 203, Oct. 21,
1978, 92 Stat. 1687, defined ‘‘agricultural commodity’’.
§§ 1708 to 1715. Omitted
Editorial Notes
CODIFICATION
Sections were omitted in the general revision of this
chapter by Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990,
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency assistance** Notwithstanding any other provision of law, the Administrator may provide agricultural commodities to meet emergency food needs under this subchapter through governments and public or private agencies, including intergovernmental organizations such as the World Food Program and other multilateral organizations, in such manner and on such terms and conditions as the Administrator determines appropriate to respond to the emergency.
**(b) Nonemergency assistance**
(1) **In general** — The Administrator may provide agricultural commodities for nonemergency assistance under this subchapter through eligible organizations (as described in subsection (d)) that have entered into an agreement with the Administrator to use the commodities in accordance with this subchapter.
(2) **Limitation** — The Administrator may not use as a sole rationale for denying a request for funds submitted under this subsection because the program for which the funds are requested—
(A) would be carried out by the eligible organization in a foreign country in which the Agency for International Development does not have a mission, office, or other presence; or
(B) is not part of a development plan for the country prepared by the Agency.
(3) **Program diversity** — The Administrator shall—
(A) encourage eligible organizations to propose and implement program plans to address 1 or more aspects of the program under [section 1721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1721&num=0&edition=prelim); and
(B) consider proposals that incorporate a variety of program objectives and strategic plans based on the identification by eligible organizations of appropriate activities, consistent with [section 1721 of this title](
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Federal law — U.S. Code and appendices · legal_authorities
Page 977
TITLE 7—AGRICULTURE
§ 1724
transportation costs from designated points of entry or
ports of entry abroad to storage and distribution sites
and associated storage and distribution costs;’’.
1977—Pub. L. 95–88 substituted ‘‘transportation from
United States ports to designated points of entry
abroad in the case (1) of landlocked countries, (2) where
ports cannot be used effectively because of natural or
other disturbances, (3) where carriers to a specific
country are unavailable, or (4) where a substantial sav-
ings in costs or time can be effected by the utilization
of points of entry other than ports’’ for ‘‘, or, in the
case of landlocked countries, transportation from
United States ports to designated points of entry
abroad’’.
1966—Pub.
L.
89–808
reenacted,
with
linguistic
changes, existing provisions for payment of costs and
charges, included costs of acquisition, packaging, en-
richment, preservation, fortification, processing, han-
dling, other incidents, struck out provisions for author-
ization of appropriations for reimbursement of CCC,
limitation on amount, and use of funds for purchase of
foreign currencies, now covered by section 1724 of this
title, and deleted other provisions for use of agencies,
organizations, and facilities in making transfers, now
covered by section 1722 of this title, and provision for
transfer of funds from the CCC to such other Federal
agency designated by the President for payment of
ocean freight costs or for purchase of foreign currencies
under this subchapter.
1964—Pub. L. 88–638 substituted ‘‘1965’’; for ‘‘1961’’,
‘‘1966’’ for ‘‘1964’’, and ‘‘$400,000,000’’ for ‘‘$300,000,000’’,
inserted ‘‘or donated under said section 1431, or section
1431b or 1697 of this title’’, provisions authorizing
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1724
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