7 U.S.C. § 1723 — Generation and use of currencies by pri-

Page 976 TITLE 7—AGRICULTURE § 1723 REGISTRATION OF FOREIGN NONPROFIT VOLUNTARY AGENCIES Pub. L. 95–88, title II, § 208(b), Aug. 3, 1977, 91 Stat. 548, provided that: ‘‘For purposes of implementing the amendment made by subsection (a) [providing for the utilization by the President of foreign nonprofit vol- untary agencies], the President shall issue regulations governing registration with an approval by the Advi- sory Committee on Voluntary Foreign Aid of foreign nonprofit voluntary agencies.’’ CONTINUATION OF AUTHORITY Pub. L. 86–472, ch. VI, § 601(a)(2), May 14, 1960, 74 Stat. 140, which provided that the amendment of this section by section 601(a)(1) shall expire June 30, 1961, was re- pealed by Pub. L. 87–92, July 20, 1961, 75 Stat. 211. § 1723. Generation and use of currencies by pri- vate voluntary organizations and coopera- tives (a) Local sale and barter of commodities An agreement entered into between the Ad- ministrator and a private voluntary organiza- tion or cooperative to provide food assistance through such organization or cooperative under this subchapter may provide for the sale or bar- ter in 1 or more recipient countries, or 1 or more countries in the same region, of the commod- ities to be provided under such agreement to generate proceeds to be used as provided in this section. (b) Description of intended uses A private voluntary organization or coopera- tive submitting a proposal to enter into a non- emergency food assistance agreement under this subchapter shall include in such proposal a de- scription of the intended uses of any proceeds that may be generated through the sale, in 1 or more recipient countries, or in 1 or more coun- tries in the same region, of any commodities provided under an agreement entered into be- tween the Administrator and the organization or cooperative. (c) Use Proceeds generated from any partial or full sale or barter of commodities by a private vol- untary organization or cooperative under a non- emergency food assistance agreement under this subchapter may— (1) be used to transport, store, distribute, and otherwise enhance the effectiveness of the use of agricultural commodities provided under this subchapter; (2) be used to implement income-generating, community development, health, nutrition, cooperative development, agricultural, and other developmental activities within 1 or more recipient countries or within 1 or more countries in the same region; or (3) be invested, and any interest earned on such investment may be used, for the purposes for which the assistance was provided to that organization, without further appropriation by Congress. (July 10, 1954, ch. 469, title II, § 203, 68 Stat. 458; May 28, 1956, ch. 327, title II, § 208(c), 70 Stat. 201; Pub. L. 85–128, § 1(3), Aug. 13, 1957, 71 Stat. 345; Pub. L. 86–341, title I, § 3, Sept. 21, 1959, 73 Stat. 606; Pub. L. 86–472, ch. VI, § 601(b), May 14, 1960, 74 Stat. 140; Pub. L. 87–128, title II, § 202(1), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88–638, § 1(13), (14), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95–88, title II, § 209, Aug. 3, 1977, 91 Stat. 548; Pub. L. 98–473, title III, § 305, Oct. 12, 1984, 98 Stat. 2195; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3638; Pub. L. 104–127, title II, § 208, Apr. 4, 1996, 110 Stat. 954; Pub. L. 107–171, title III, § 3003, May 13, 2002, 116 Stat. 281; Pub. L. 110–246, title III, § 3009, June 18, 2008, 122 Stat. 1824; Pub. L. 115–334, title III, § 3103, Dec. 20, 2018, 132 Stat. 4604.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 3103(1), inserted ‘‘to generate proceeds to be used as provided in this section’’ before period at end. Subsecs. (b) to (d). Pub. L. 115–334, § 3103(2), (3), redes- ignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘In carrying out agreements of the type referred to in subsection (a), the Administrator shall permit private voluntary organiza- tions and cooperatives to sell, in 1 or more recipient countries, or in 1 or more countries in the same region, an amount of commodities equal to not less than 15 percent of the aggregate amounts of all commodities distributed under non-emergency programs under this subchapter for each fiscal year, to generate proceeds to be used as provided in this section.’’ 2008—Subsec. (b). Pub. L. 110–246 inserted ‘‘in’’ before ‘‘1 or more recipient countries’’. 2002—Pub. L. 107–171, § 3003(1), struck out ‘‘foreign’’ before ‘‘currencies’’ in section catchline. Subsec. (a). Pub. L. 107–171, § 3003(2), substituted ‘‘1 or more recipient countries, or 1 or more countries’’ for ‘‘the recipient country, or in a country’’. Subsec. (b). Pub. L. 107–171, § 3003(3), substituted ‘‘1 or more recipient countries, or in 1 or more countries’’ for ‘‘in recipient countries, or in countries’’ and struck out ‘‘foreign currency’’ before ‘‘proceeds’’. Subsec. (c). Pub. L. 107–171, § 3003(4), struck out ‘‘for- eign currency’’ before ‘‘proceeds’’ and substituted ‘‘1 or more recipient countries, or in 1 or more countries’’ for ‘‘the recipient country, or in a country’’. Subsec. (d). Pub. L. 107–171, § 3003(5)(A), substituted ‘‘Proceeds’’ for ‘‘Foreign currencies’’ in introductory provisions. Subsec. (d)(2). Pub. L. 107–171, § 3003(5)(B), substituted ‘‘income-generating’’ for ‘‘income generating’’ and ‘‘1 or more recipient countries or within 1 or more coun- tries’’ for ‘‘the recipient country or within a country’’. Subsec. (d)(3). Pub. L. 107–171, § 3003(5)(C), inserted comma after ‘‘invested’’ and after ‘‘investment may be used’’. 1996—Subsec. (a). Pub. L. 104–127, § 208(1), inserted ‘‘, or in a country in the same region,’’ after ‘‘in the re- cipient country’’. Subsec. (b). Pub. L. 104–127, § 208(2), inserted ‘‘or in countries in the same region,’’ after ‘‘in recipient coun- tries,’’ and substituted ‘‘15 percent’’ for ‘‘10 percent’’. Subsec. (c). Pub. L. 104–127, § 208(3), inserted ‘‘or in a country in the same region,’’ after ‘‘recipient coun- try,’’. Subsec. (d)(2). Pub. L. 104–127, § 208(4), inserted ‘‘or within a country in the same region’’ after ‘‘recipient country’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to the payment of costs and charges by the Commodity Credit Corporation for packaging, enrichment, preser- vation, processing, transportation, handling, and other incidental charges relating to commodities. 1984—Pub. L. 98–473 inserted following cl. (4): ‘‘in the case of commodities for urgent and extraordinary relief requirements, including pre-positioned commodities, 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 use of funds available under subchapter III, not exceeding $7,500,000 annually, to purchase foreign currencies ac- cruing under subchapter II in order to meet costs de- signed to assure that commodities available under sub- chapters I or III are used to carry out more effectively the purposes for which such commodities are made available or to promote activities to alleviate the causes of the need for such assistance, provided that such funds are used to supplement, not substitute for, funds normally available for such purposes from other non-United States Government sources, and ‘‘or for the purchase of foreign currencies’’ after ‘‘ocean freight costs’’. 1961—Pub. L. 87–128 substituted authorization provi- sion for period beginning January 1, 1961, and ending December 31, 1964, for authorization provision begin- ning January 1, 1960, and ending December 31, 1961, and made the annual limitation applicable to the amount programed rather than to the amount spent. 1960—Pub. L. 86–472 authorized payment for transpor- tation from United States ports to designated points of entry abroad in the case of landlocked countries, and permitted the payment of charges for general average contributions arising out of the ocean transport of transferred commodities. 1959—Pub. L. 86–341 amended first sentence generally. Prior to amendment, first sentence read as follows: ‘‘Not more than $800,000,000 (including the Corpora- tion’s investment in such commodities) shall be ex- pended for all such transfers and for other costs author- ized by this subchapter.’’ 1957—Pub. L. 85–128 increased limitation on expendi- tures from $500,000,000 to $800,000,000. 1956—Act May 28, 1956, increased limitation on ex- penditures from $300,000,000 to $500,000,000, and author- ized payment of ocean freight charges. Statutory Notes and Related Subsidiaries 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 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 1977 AMENDMENT Amendment by Pub. L. 95–88 effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as a note under sec- tion 1702 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–808 effective Jan. 1, 1967, see section 5 of Pub. L. 89–808, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–638, § 1(13), Oct. 8, 1964, 78 Stat. 1037, pro- vided that the substitutions of ‘‘1965’’ for ‘‘1961’’, ‘‘1966’’ for ‘‘1964’’, and ‘‘$400,000,000’’ for ‘‘$300,000,000’’ are not effective until Jan. 1, 1965. EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–341, title I, § 3, Sept. 21, 1959, 73 Stat. 606, provided that the amendment made by section 3 is ef- fective Jan. 1, 1960. § 1724. Levels of assistance (a) Minimum levels (1) Minimum assistance Except as provided in paragraph (3), the Ad- ministrator shall make agricultural commod- ities available for food distribution under this subchapter in an amount that for each of fis- cal years 2008 through 2023 is not less than 2,500,000 metric tons. (2) Minimum non-emergency assistance Of the amounts specified in paragraph (1), and except as provided in paragraph (3), the Administrator shall make agricultural com- modities available for non-emergency food dis- tribution through eligible organizations under section 1722 of this title in an amount that for each of fiscal years 2008 through 2023 is not less than 1,875,000 metric tons. (3) Exception The Administrator may waive the require- ments of paragraphs (1) and (2) for any fiscal year if the Administrator determines that such quantities of commodities cannot be used effectively to carry out this subchapter or in order to meet an emergency. In making a waiver under this paragraph, the Adminis- trator shall prepare and submit to the Com- mittees on International Relations, Agri- culture and Appropriations of the House of Representatives, and the Committees on Ap- propriations and Agriculture, Nutrition, and Forestry of the Senate a report containing the reasons for the waiver. No waiver shall be made before the beginning of the applicable fiscal year. (b) Use of value-added commodities (1) Minimum levels Except as provided in paragraph (2), in mak- ing agricultural commodities available under this subchapter, the Administrator shall en- sure that not less than 75 percent of the quan- tity of such commodities required to be dis- tributed during each fiscal year under sub- section (a)(2) be in the form of processed, for- tified, or bagged commodities and that not less than 50 percent of the quantity of the bagged commodities that are whole grain com- modities be bagged in the United States.