7 U.S.C. § 1691 — United States policy

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. 101–624 amended section generally, sub- stituting present provisions for provisions declaring policy of United States to expand trade, develop export markets, encourage economic development and private enterprise in developing countries, improve local food production and promote foreign policy, and requiring President to give priority to countries most affected by food shortages, encourage other donors, link assistance to local agricultural and related development, seek ex- panded markets for American commodities, and recog- nize and support American farm economy. 1985—Pub. L. 99–198 included Congressional declara- tion of policy to use accrued foreign currencies to fos- ter and encourage the development of private enter- prise in developing countries and to enhance food secu- rity in developing countries through local food produc- tion in first sentence. 1975—Pub. L. 94–161 inserted provisions of second sen- tence, including cls. (1) to (5), respecting considerations in furnishing food aid under this chapter. 1966—Pub. L. 89–808 restated the Congressional dec- laration of policy to include the use of the abundant agricultural productivity of the United States to com- bat hunger and malnutrition and the emphasis on as- sistance to those developing countries that are deter- mined to improve their own agricultural production and to exclude statement of a policy to facilitate the convertibility of currency, to make maximum efficient use of surplus agricultural commodities in furtherance of the foreign policy of the United States, to purchase strategic materials, to pay United States obligations abroad, and to promote collective strength. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘Any reference in any Fed- eral, State, tribal, or local law (including regulations) to the ‘Agricultural Trade Development and Assistance Act of 1954’ shall be considered to be a reference to the ‘Food for Peace Act’ [see Short Title note below].’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–624, title XV, § 1513, Nov. 28, 1990, 104 Stat. 3662, provided that: ‘‘The amendment made by section 1512 [enacting sections 1736g–1 and 1737 to 1738m of this title, amending this section and sections 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f, and 1736g of this title, and enacting provisions set out as a note under this section] shall become effective on January 1, 1991.’’ EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–808, § 5, Nov. 11, 1966, 80 Stat. 1538, provided that: ‘‘This Act [enacting sections 1707a, 1710, 1725, and 1736a to 1736d of this title, amending this section and sections 1431, 1431b, 1446a–1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of this title, repealing sections 1693 to 1697 of this title, and amending provi- sions set out as a note under section 1701 of this title] shall take effect as of January 1, 1967, except that sec- tion 4 [enacting section 1707a of this title] shall take ef- fect upon enactment [Nov. 11, 1966].’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–385, § 1(a), Nov. 13, 1998, 112 Stat. 3460, pro- vided that: ‘‘This Act [amending sections 1736f–1 and 4001 of this title and section 1241f of Title 46, Appendix, Shipping, enacting provisions set out as notes under this section, section 1721 of this title, and section 2293 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under section 1736f–1 of this title] may be cited as the ‘Africa: Seeds of Hope Act of 1998’.’’ Pub. L. 105–385, title II, § 211, Nov. 13, 1998, 112 Stat. 3465, provided that: ‘‘This subtitle [subtitle B (§§ 211, 212) of title II of Pub. L. 105–385, amending sections 1736f–1 and 4001 of this title and section 1241f of Title 46, Appendix, Shipping, and amending provisions set out as a note under section 1736f–1 of this title] may be cited as the ‘Bill Emerson Humanitarian Trust Act of 1998’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–532, § 1, Oct. 27, 1992, 106 Stat. 3509, pro- vided that: ‘‘This Act [enacting sections 1738o to 1738r, 3294, and 5404 of this title and amending section 1738m of this title] may be cited as the ‘Enterprise for the Americas Initiative Act of 1992’.’’ Pub. L. 102–532, § 2, Oct. 27, 1992, 106 Stat. 3509, which enacted sections 1738o to 1738r of this title, is popularly known as the ‘‘Good Neighbor Environmental Act of 1992’’. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–624, title XV, § 1501, Nov. 28, 1990, 104 Stat. 3632, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Agricultural Develop- ment and Trade Act of 1990’.’’ Pub. L. 101–624, title XV, § 1511, Nov. 28, 1990, 104 Stat. 3633, provided that: ‘‘This subtitle [subtitle A Page 957 TITLE 7—AGRICULTURE § 1691 (§§ 1511–1517) of title XV of Pub. L. 101–624, enacting sec- tions 1706, 1736g–1 and 1737 to 1738m of this title and sections 1241g to 1241v of Appendix to Title 46, Ship- ping, amending this section and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736g, 1736o, 1736bb–6 of this title, and section 1241f of Appen- dix to Title 46, and enacting provisions set out as notes under this section] may be cited as the ‘Mickey Leland Food for Peace Act’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–576, § 1, Oct. 31, 1988, 102 Stat. 2897, pro- vided that: ‘‘This Act [amending section 1727 of this title and enacting provisions set out as a note under section 1727 of this title] may be cited as the ‘Ban- gladesh Disaster Assistance Act of 1988’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–202, § 16, as added by Pub. L. 100–418, title IV, § 4610(a), Aug. 23, 1988, 102 Stat. 1411, provided that sections 1 to 16 under the heading ‘‘Agricultural Aid and Trade Missions Act’’ of Pub. L. 100–202, which en- acted sections 1726b and 1736bb to 1736bb–6 of this title, and amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, was to be cited as the ‘‘Agricultural Aid and Trade Missions Act’’, prior to repeal by Pub. L. 104–127, title II, § 271(a), Apr. 4, 1996, 110 Stat. 976. SHORT TITLE OF 1980 AMENDMENT For short title of title III of Pub. L. 96–494, which en- acted section 1736f–1 of this title, as the ‘‘Bill Emerson Humanitarian Trust Act’’, see section 301 of Pub. L. 96–494, as added and amended, set out as a Short Title note under section 1736f–1 of this title. SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–808, § 1, Nov. 11, 1966, 80 Stat. 1526, provided: ‘‘That this Act [enacting sections 1707a, 1710, 1725, and 1736a to 1736d, amending this section and sections 1431, 1431b, 1446a–1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736, repealing sections 1693 to 1697 of this title, and amending provisions set out as a note under section 1701 of this title] may be cited as the ‘Food for Peace Act of 1966’.’’ SHORT TITLE Act July 10, 1954, ch. 469, § 1, 68 Stat. 454, as amended by act Nov. 28, 1990, Pub. L. 101–624, title XV, § 1512, 104 Stat. 3633; Pub. L. 110–246, title III, § 3001(a), June 18, 2008, 122 Stat. 1820, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Food for Peace Act’.’’ MINIMUM LEVEL OF FOOD ASSISTANCE Pub. L. 100–418, title IV, § 4310, Aug. 23, 1988, 102 Stat. 1399, as amended by Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(J), June 18, 2008, 122 Stat. 1820, pro- vided that: ‘‘(a) ANNUAL MINIMUM.—It is the sense of Congress that— ‘‘(1) the United States should maintain its historic proportion of food assistance constituting one-third of all United States foreign economic assistance; and ‘‘(2) accordingly, the total amount of food assist- ance made available to foreign countries under the Food for Peace Act (7 U.S.C. 1691 et seq.) and section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not be less than one-third of the total amount of foreign economic assistance provided for each fis- cal year. ‘‘(b) DEFINITION.—For purposes of this section, the term ‘foreign economic assistance’ includes— ‘‘(1) assistance under chapter 1 of part I of the For- eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Food for Peace Act (7 U.S.C. 1691 et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), or any other law authorizing economic assistance for foreign countries; and ‘‘(2) United States contributions to the Inter- national Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Devel- opment Bank, the African Development Bank, or any other multilateral development bank.’’ FOOD AID AND MARKET DEVELOPMENT Pub. L. 100–418, title IV, § 4311, Aug. 23, 1988, 102 Stat. 1400, which declared it to be the policy of the United States to use food aid and agriculturally-related for- eign economic assistance programs more effectively to develop markets for United States agricultural com- modities and products, and which directed the Presi- dent (or, as appropriate, the Secretary of Agriculture) to encourage recipient countries under food assistance agreements entered into under any program adminis- tered by the Secretary to agree to give preference to United States food and food products in future food purchases, was repealed by Pub. L. 101–624, title XV, § 1571, Nov. 28, 1990, 104 Stat. 3702. AGRICULTURAL TRADE AND EXPORT POLICY COMMISSION ACT Pub. L. 97–98, title XII, subtitle C (§§ 1217–1224), as added Pub. L. 98–412, Aug. 30, 1984, 98 Stat. 1576, known as the Agricultural Trade and Export Policy Commis- sion Act, established a National Commission on Agri- cultural Trade and Export Policy to conduct a study of agriculture-related trade and export policies, programs, and practices of United States, directed Commission to submit to President and Congress a final report and recommendations by July 1, 1986, and provided for ter- mination of Commission 60 days thereafter. USE OF NONPRICE-SUPPORTED COMMODITIES Pub. L. 95–113, title XII, § 1209, Sept. 29, 1977, 91 Stat. 957, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘It is the sense of Congress that there be no discrimination be- tween ‘price-supported’ and ‘nonprice-supported’ com- modities in the programming of commodities under the Food for Peace Act, as amended (Public Law 480) [which enacted this chapter and amended sections 1427 and 1431 of this title].’’ SPECIAL TASK FORCE Pub. L. 95–113, title XII, § 1210, Sept. 29, 1977, 91 Stat. 957, required the Secretary of Agriculture, not later than eighteen months after Sept. 29, 1977, to appoint a special task force to review and report to Congress upon the administration of the Agricultural Trade De- velopment and Assistance Act of 1954 (now Food for Peace Act), 7 U.S.C. 1961 et seq. Executive Documents EXECUTIVE ORDER NO. 10560 Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by Ex. Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22 F.R. 3213; Ex. Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971; Ex. Ord. No. 10799, Jan. 16, 1959, 24 F.R. 447; Ex. Ord. No. 10827, June 25, 1959, 24 F.R. 5233; Ex. Ord. No. 10884, Aug. 17, 1960, 25 F.R. 8019, which provided for the delegation of administrative functions, was super- seded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, for- merly set out as a note under this section, and was re- voked by section 1–502(a) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below. EXECUTIVE ORDER NO. 10685 Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated the International Cooperation Administra- tion as the Federal agency to which funds required for ocean freight costs could be transferred by the Com- modity Credit Corporation, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as Page 958 TITLE 7—AGRICULTURE § 1691a a note under this section, and was revoked by section 1–502(b) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below. EXECUTIVE ORDER NO. 10900 Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex. Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972, Nov. 3, 1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27 F.R. 6653; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11963, Jan. 19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which re- lated to the delegation of administrative functions, was revoked by section 1–501 of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below. EXECUTIVE ORDER NO. 11252 Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by Ex. Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred to the Secretary of State all functions of the Director of the Food-For-Peace Pro- gram, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EXECUTIVE ORDER NO. 12220 Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided for delegation of administrative functions re- lating to agricultural trade development, was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out below. EX. ORD. NO. 12752. IMPLEMENTATION OF AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 1954, AS AMENDED, AND FOOD FOR PROGRESS ACT OF 1985, AS AMENDED Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, as amended by Ex. Ord. No. 13044, Apr. 18, 1997, 62 F.R. 19665, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Develop- ment and Assistance Act of 1954 [now Food for Peace Act, 7 U.S.C. 1691 et seq.], as amended by Public Law 101–624 (‘‘Agricultural Trade Development Act’’), the Food for Progress Act of 1985 [7 U.S.C. 1736o], as amend- ed by Public Law 101–624 (‘‘Food for Progress Act’’), and section 301 of title 3 of the United States Code, it is hereby ordered as follows: SECTION 1. Establishment of Programs. There is hereby established: (a) a program under title I of the Agricultural Trade Development Act [7 U.S.C. 1701 et seq.] to provide for the sale of agricultural commodities to developing countries and private entities. Such program shall be implemented by the Secretary of Agriculture (hereafter referred to as the ‘‘Secretary’’). (b) a program under title II of the Agricultural Trade Development Act [7 U.S.C. 1721 et seq.] to provide for the donation of agricultural commodities to foreign countries. Such program shall be implemented by the Administrator of the Agency for International Develop- ment (hereafter referred to as the ‘‘Administrator’’). (c) a program under title III of the Agricultural Trade Development Act [7 U.S.C. 1727 et seq.] to provide for the donation of agricultural commodities to least de- veloped countries. Such program shall be implemented by the Administrator. SEC. 2. International Negotiations and Accounting for Foreign Currencies. (a) The Secretary with respect to title I, and the Administrator with respect to titles II and III of the Agricultural Trade Development Act, shall negotiate and execute agreements under the Agri- cultural Trade Development Act in accord with section 112b of title I [sic] of the United States Code and appli- cable regulations and procedures of the Department of State. (b)(1) Foreign currencies that accrue to the United States under titles I and III of the Agricultural Trade Development Act may be used for the purposes set forth in section 104 and section 306 of that Act [7 U.S.C. 1704, 1727e], respectively, in amounts consistent with applicable provisions of law and agreements. Such for- eign currencies shall be subject to regulations of the Department of the Treasury governing the purchase, custody, deposit, transfer, and sale of foreign cur- rencies received under the Agricultural Trade Develop- ment Act. (2) The Director of the Office of Management and Budget (hereafter referred to as the ‘‘Director’’) shall determine the amount of foreign currencies to be used for the purposes of section 104(c)(8) of the Agricultural Trade Development Act, and such purposes shall be car- ried out by the agencies with authority to pay the obli- gations abroad. The purposes of the remaining para- graphs of section 104(c) of that Act shall be carried out by the Department of Agriculture, utilizing, where ap- propriate, the expertise of other agencies. (3) The Secretary and Administrator shall transmit the reports required by the provisions of paragraph 5 of the Act of August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign currencies accruing under title I and title III of the Agricultural Trade De- velopment Act, respectively. SEC. 3. Policy Coordination. (a) To ensure policy co- ordination of assistance provided under the Agricul- tural Trade Development Act and the Food for Progress Act, there is hereby established a Food Assistance Pol- icy Council (hereafter referred to as the ‘‘Council’’). (b) The Council will include senior representatives of the Department of Agriculture, the Agency for Inter- national Development, the Department of State, and the Office of Management and Budget. Meetings of the Council shall be called by the Secretary or his designee at the request of any senior representative of the Coun- cil. (c) The Council shall advise the President on appro- priate policies under the Agricultural Trade Develop- ment Act and the Food for Progress Act and shall co- ordinate decisions on allocations and other policy issues, as well as prepare the report required by section 407(g)(1) of the Agricultural Trade Development Act [7 U.S.C. 1736a(g)(1)]. (d) As necessary for effective coordination, the Coun- cil shall provide its advice to the President through the appropriate Cabinet-level body. SEC. 4. Delegation of Responsibilities. (a) The function conferred upon the President in section 403(j) of the Ag- ricultural Trade Development Act [7 U.S.C. 1733(j)] is hereby delegated to the Secretary of State. (b) The functions conferred upon the President by section 411 of the Agricultural Trade Development Act [7 U.S.C. 1736e] are hereby delegated to the Secretary, in consultation with the Council and the Department of the Treasury. (c) The functions conferred upon the President by section 412(c) of the Agricultural Trade Development Act [7 U.S.C. 1736f(c)] are hereby delegated to the Direc- tor, who shall consult with the Council on these func- tions. (d) The functions conferred upon the President by title V of the Agricultural Trade Development Act [7 U.S.C. 1737] are hereby delegated to the Administrator. (e) The functions conferred upon the President by the Food for Progress Act, as amended [7 U.S.C. 1736o], are hereby delegated to the Secretary. SEC. 5. Regulatory Review. Policies, regulations, and analyses required by this Executive order shall be fully consistent with the standards and criteria, analyses and procedures set forth in Executive Order Nos. 12291 and 12498 [formerly 5 U.S.C. 601 notes]. SEC. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and Executive Order No. 12583 of February 19, 1987, are revoked. § 1691a. Food aid to developing countries (a) Policy In light of the Uruguay Round Agreement on Agriculture and the Ministerial Decision on