7 U.S.C. § 1691a — Food aid to developing countries

Page 958 TITLE 7—AGRICULTURE § 1691a a note under this section, and was revoked by section 1–502(b) of Ex.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 No. 12163, Sept. 29, 1979, 44 F.R. 56673, which re- lated to the delegation of administrative functions, was revoked by section 1–501 of Ex.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F.R. 32157, which transferred to the Secretary of State all functions of the Director of the Food-For-Peace Pro- gram, was revoked by Ex.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45 F.R. 44245, which provided for delegation of administrative functions re- lating to agricultural trade development, was revoked by section 6 of Ex.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 Page 959 TITLE 7—AGRICULTURE §§ 1693 to 1697 Measures Concerning the Possible Negative Ef- fects of the Reform Program on Least-Developed and Net-Food Importing Developing Countries, the United States reaffirms the commitment of the United States to providing food aid to devel- oping countries. (b) Sense of Congress It is the sense of Congress that— (1) in negotiations at the Food Aid Conven- tion, the World Trade Organization, the United Nations Food and Agriculture Organi- zation, and other appropriate venues, the President shall— (A) seek commitments of higher levels of food aid by donors in order to meet the le- gitimate needs of developing countries; (B) ensure, to the maximum extent prac- ticable, that humanitarian nongovernmental organizations, recipient country govern- ments, charitable bodies, and international organizations shall continue— (i) to be eligible to receive resources based on assessments of need conducted by those organizations and entities; and (ii) to implement food aid programs in agreements with donor countries; and (C) ensure, to the maximum extent prac- ticable, that options for providing food aid for emergency and nonemergency needs shall not be subject to limitation, including in-kind commodities, provision of funds for agricultural commodity procurement, and monetization of commodities, on the condi- tion that the provision of those commodities or funds— (i) is based on assessments of need and intended to benefit the food security of, or otherwise assist, recipients, and (ii) is provided in a manner that avoids disincentives to local agricultural produc- tion and marketing and with minimal po- tential for disruption of commercial mar- kets; and (2) the United States should increase its con- tribution of bona fide food assistance to devel- oping countries consistent with the Agree- ment on Agriculture. (July 10, 1954, ch. 469, § 3, as added Pub. L. 94–161, title II, § 202, Dec. 20, 1975, 89 Stat. 851; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3633; Pub. L. 104–127, title II, § 201(a), Apr. 4, 1996, 110 Stat. 951; Pub. L. 110–246, title III, § 3003, June 18, 2008, 122 Stat. 1821.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–246 reenacted introduc- tory provisions without change, added par. (1), and struck out former par. (1) which read as follows: ‘‘the President should initiate consultations with other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of devel- oping countries; and’’. 1996—Pub. L. 104–127 substituted ‘‘Food aid to devel- oping countries’’ for ‘‘Global food aid needs’’ in section catchline and amended text generally. Prior to amend- ment, text read as follows: ‘‘In view of the principal findings of the National Research Council of the Na- tional Academy of Sciences that doubling food aid above 1990 levels of about 10,000,000 metric tons per year would be necessary to meet projected global food needs throughout the decade of the nineties, it is the sense of Congress that the President should— ‘‘(1) increase the contributions of food aid by the United States, and encourage other donor countries to increase their contributions toward meeting new food aid requirements; and ‘‘(2) encourage other advanced nations to make in- creased food aid contributions to combat world hun- ger and malnutrition, particularly through the ex- pansion of international food and agricultural assist- ance programs.’’ 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions urging Presi- dent to maintain United States food assistance and en- courage other countries to increase their contributions, in order to meet annual goal of World Food Conference of providing 10,000,000 tons of food assistance annually for needy nations. 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. WORLD FOOD CONFERENCE RECOMMENDATIONS Pub. L. 94–161, title II, § 213, Dec. 20, 1975, 89 Stat. 855, directed the President to strengthen the efforts of the United States to carry out the recommendations of the World Food Conference and to submit a detailed report to the Congress not later than Nov. 1, 1976, prior to re- peal by Pub. L. 97–113, title VII, § 734(a)(7), Dec. 29, 1981, 95 Stat. 1560. SUBCHAPTER I—BARTER § 1692. Transferred Editorial Notes CODIFICATION Section, act July 10, 1954, ch. 469, title III, § 310, for- merly § 303, 68 Stat. 459, as amended and renumbered, which related to bartering authority of Secretary, was transferred to section 1727g of this title. §§ 1693 to 1697. Repealed. Pub. L. 89–808, § 2(D), Nov. 11, 1966, 80 Stat. 1535 Section 1693, acts July 10, 1954, ch. 469, title III, § 304, 68 Stat. 459; Aug. 13, 1957, Pub. L. 85–128, § 1(6), 71 Stat. 345; Oct. 8, 1964, Pub. L. 88–638, § 1(16), 78 Stat. 1037, pro- vided for assistance to friendly nations in being inde- pendent of Russian or Communist Chinese trade, pre- vention of increased availability of commodities to un- friendly nations, and nonauthorization of transactions with Russia or Communist China. See section 1703(j) of this title. Section 1694, acts July 10, 1954, ch. 469, title III, § 305, 68 Stat. 459; Sept. 21, 1959, Pub. L. 86–341, title I, § 10, 73 Stat. 607, provided for identification of packages and containers by appropriate markings. See section 1722 of this title. Section 1695, act July 10, 1954, ch. 469, title III, § 306, as added Sept. 21, 1959, Pub. L. 86–341, title I, § 11, 73 Stat. 608, provided for distribution of surplus food com- modities to needy persons in United States: authoriza- tion, term of program, and cost limitation; duties of Secretary of Agriculture; issuance of food stamps and their redemption; receipt of benefits not deemed in-