7 U.S.C. § 1728 — Findings regarding emergency food assist-

Page 989 TITLE 7—AGRICULTURE § 1728 located in the recipient country that provides education in agricultural sciences or other dis- ciplines for a significant number of United States nationals (who may include members of the United States Armed Forces or the Foreign Service or dependents of such members). (July 10, 1954, ch. 469, title III, § 306, as added Pub. L. 95–88, title II, § 211(a)(2), Aug. 3, 1977, 91 Stat. 551; amended Pub. L. 96–53, title II, § 207(a), Aug. 14, 1979, 93 Stat. 369; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3643; Pub. L. 104–127, title II, § 211(a), Apr. 4, 1996, 110 Stat. 955.) Editorial Notes PRIOR PROVISIONS A prior section 306 of act July 10, 1954, ch. 469, title III, as added Sept. 21, 1959, Pub. L. 86–341, title I, § 11, 73 Stat. 608, enacted section 1695 of this title, prior to re- peal by Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–127 amended heading and struck out ‘‘indigenous’’ before ‘‘nongovern- mental’’ in text. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions requiring submission of annual report by recipient countries to President on activities and progress of Food for Devel- opment Program. 1979—Pub. L. 96–53 inserted provisions relating to de- tailed description of the use of the commodities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of Title 22, Foreign Relations and Inter- course. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as an Effective Date of 1977 Amend- ment note under section 1702 of this title. Executive Documents USE OF FOREIGN CURRENCIES Foreign currencies accruing to United States under this subchapter may be used for purposes set forth in this section, see Ex. Ord. No. 12752, § 2(b)(1), Feb. 25, 1991, 56 F.R. 8255, set out as a note under section 1691 of this title. §§ 1727f, 1727g. 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, 104 Stat. 3633. Section 1727f, act July 10, 1954, ch. 469, title III, § 307, as added Aug. 3, 1977, Pub. L. 95–88, title II, § 211(a)(2), 91 Stat. 551; amended Aug. 14, 1979, Pub. L. 96–53, title II, § 207(b), 93 Stat. 369, related to annual presidential review of agreements for use of proceeds from sales of commodities. A prior section 307 of act July 10, 1954, ch. 469, title III, as added Sept. 21, 1959, Pub. L. 86–341, title I, § 12, 73 Stat. 609, which enacted section 1696 of this title, was repealed by Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535. Section 1727g, act July 10, 1954, ch. 469, title III, § 310, formerly § 303, 68 Stat. 459; Pub. L. 85–931, § 6, Sept. 6, 1958, 72 Stat. 1791; Pub. L. 90–436, § 7, July 29, 1968, 82 Stat. 451; renumbered § 310, Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548; Pub. L. 99–198, title XI, § 1167(c), Dec. 23, 1985, 99 Stat. 1503, related to au- thority of Secretary to barter agricultural commod- ities for strategic and other materials. Statutory Notes and Related Subsidiaries BARTER OF AGRICULTURAL COMMODITIES FOR STRATEGIC AND CRITICAL MATERIALS Pub. L. 99–198, title XI, § 1167(a), Dec. 23, 1985, 99 Stat. 1502, set out findings by Congress concerning the barter or exchange of agricultural commodities for strategic and critical materials for the national defense stock- pile, prior to repeal by Pub. L. 101–624, title XV, § 1572(3), Nov. 28, 1990, 104 Stat. 3702. SUBCHAPTER III–B—EMERGENCY FOOD ASSISTANCE § 1728. Findings regarding emergency food assist- ance The Congress finds that— (1) acute food crises continue to cause loss of life, severe malnutrition, and general human suffering in many areas of the Third World, es- pecially in sub-Saharan Africa; (2) the United States continues to respond to these needs, as a reflection of its humani- tarian concern for the people of the Third World, with emergency food and other nec- essary assistance to alleviate the suffering of those affected by severe food shortages; (3) the timely provision of food and other necessary assistance to those in need is of paramount importance if the worst effects of such food crises are to be mitigated; and (4) the ability of the United States to pro- vide food and other necessary assistance on a timely basis, and to ensure that such assist- ance is distributed to those in need, should be enhanced in order to better enable the United States to help those affected by severe food shortages. (Pub. L. 98–473, title III, § 302, Oct. 12, 1984, 98 Stat. 2194.) Editorial Notes CODIFICATION Section was enacted as part of the President’s Emer- gency Food Assistance Act of 1984, and not as part of the Food for Peace Act which comprises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–473, title III, § 301, Oct. 12, 1984, 98 Stat. 2194, provided that: ‘‘This title [enacting this sub- chapter and amending section 1723 of this title] may be cited as the ‘President’s Emergency Food Assistance Act of 1984’.’’ Page 990 TITLE 7—AGRICULTURE § 1728a 1 So in original. Probably should be ‘‘expended.’’ § 1728a. President’s Emergency Food Assistance Fund (a) Establishment; authority of President to fur- nish assistance from Fund There is hereby established the President’s Emergency Food Assistance Fund (hereafter in this subchapter referred to as the ‘‘Fund’’). Whenever the President determines it to be in the national interest of the United States, he is authorized to furnish, in accordance with the provisions of this subchapter, and on such terms and conditions as he may determine, assistance from the Fund for the purpose of alleviating the human suffering of peoples outside the United States caused by acute food shortages. Such as- sistance may be provided through such govern- ments or other entities, private or public, in- cluding intergovernmental and multilateral or- ganizations, as the President deems appropriate. (b) Types of assistance authorized Because the effects of severe food shortages will vary with the country or region, assistance to alleviate human suffering may include the provision of food assistance or such activities as the provision of seed, animal fodder, animal vac- cines, and transportation (including inland transportation) and distribution services. (c) Authorization of appropriations There are authorized to be appropriated to the President $50,000,000 each for fiscal year 1985 and fiscal year 1986 to carry out the purposes of this subchapter, to remain available until expanded.1 (d) Authority of President The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into transactions with, any individual, corporation, or other body of persons, government or government agency, whether within or without the United States, and international and intergovernmental orga- nizations in furtherance of the purposes and within the limitations of this subchapter. (Pub. L. 98–473, title III, § 303, Oct. 12, 1984, 98 Stat. 2194.) Editorial Notes CODIFICATION Section was enacted as part of the President’s Emer- gency Food Assistance Act of 1984, and not as part of the Food for Peace Act which comprises this chapter. § 1728b. Omitted Editorial Notes CODIFICATION Section, Pub. L. 98–473, title III, § 304, Oct. 12, 1984, 98 Stat. 2195, which required the President to submit a comprehensive annual report to appropriate commit- tees of Congress detailing activities carried out under this subchapter, terminated, effective May 15, 2000, pur- suant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 21 of House Document No. 103–7. SUBCHAPTER IV—GENERAL AUTHORITIES AND REQUIREMENTS § 1731. Commodity determinations (a) Ineligible commodities (1) Alcoholic beverages Alcoholic beverages shall not be made avail- able for disposition under this chapter. (2) Tobacco Tobacco or the products thereof shall not be made available under section 1727b of this title or subchapter III of this chapter. (b) Market development activities Subsection (a)(1) shall not be construed to pro- hibit representatives of the United States wine, beer, distilled spirits, or other alcoholic bev- erage industry from participating in agricul- tural market development activities carried out by the Secretary with foreign currencies made available under subchapter II of this chapter. (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.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–246 redesignated subsecs. (b) and (c) as (a) and (b), respectively, in subsec. (b), substituted ‘‘(a)(1)’’ for ‘‘(b)(1)’’, and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘No agricul- tural commodity shall be available for disposition under this chapter if the Secretary determines that the disposition would reduce the domestic supply of the commodity below the supply needed to meet domestic requirements and provide adequate carryover (as deter- mined by the Secretary), unless the Secretary deter- mines that some part of the supply should be used to carry out urgent humanitarian purposes under this chapter.’’ 1996—Pub. L. 104–127 added subsec. (a) and struck out former subsec. (a) which authorized Secretary, after consultation with other affected Federal agencies, to determine agricultural commodities and quantities thereof available for disposition, redesignated subsec. (e) as (b) and struck out former subsec. (b) which pro- vided for modification of determination by Secretary, redesignated subsec. (f) as (c) and substituted ‘‘(b)(1)’’ for ‘‘(e)(1)’’, struck out former subsec. (c) which pro- vided for nonavailability of commodities if domestic supply of such commodities was adversely affected, and struck out subsec. (d) which outlined policies for dis- tribution of commodities to developing countries. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions authorizing Secretary to determine types and quantities of com- modities available for distribution, limiting distribu- tion where domestic supply is threatened, and requir- ing available storage facilities in recipient country prior to making commodities available to such country as well as finding that distribution will not result in in- terference with production or marketing in that country.