7 U.S.C. § 1731 — Commodity determinations

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. Page 991 TITLE 7—AGRICULTURE § 1732 1979—Subsec. (b)(2). Pub. L. 96–53 substituted ‘‘to or interference with domestic production or marketing in’’ for ‘‘to domestic production in’’. 1977—Subsec. (a). Pub. L. 95–113 inserted provisions under which commodities may be made available for disposition if the Secretary of Agriculture determines that some part of the supply of commodities should be used to carry out urgent humanitarian purposes, even though such disposition would reduce the domestic sup- ply of those commodities below that needed to meet do- mestic requirements, provide adequate carryover, and allow for anticipated exports. Pub. L. 95–88 designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 95–88 added subsec. (b). 1966—Pub. L. 89–808 substituted provisions relating to determination and criteria for such determination by the Secretary of Agriculture of agricultural commod- ities available for disposition for former statement of purpose of provisions relating to long-term supply con- tracts, now covered by subchapter II of this chapter. 1962—Pub. L. 87–703 included in the statement of pur- pose the stimulation and increase of sales of surplus ag- ricultural commodities for dollars through long-term supply contracts and through the extension of credit for the purchase of such commodities, by agreements with friendly nations or with private trade. 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 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 OF 1977 AMENDMENTS Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. 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. EXPORT SALES OF DAIRY PRODUCTS Pub. L. 99–198, title XI, § 1163, Dec. 23, 1985, 99 Stat. 1499, as amended by Pub. L. 100–435, title I, § 107, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101–624, title I, § 111, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 103–465, title IV, § 411(c), Dec. 8, 1994, 108 Stat. 4963, provided that: ‘‘(a) In each fiscal year, the Secretary of Agriculture may sell dairy products for export, at such prices as the Secretary determines appropriate, in a quantity and al- located as determined by the Secretary, consistent with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, if the dis- position of the commodities will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. ‘‘(b) Such sales shall be made through the Commodity Credit Corporation under existing authority available to the Secretary or the Commodity Credit Corporation. ‘‘(c) Through September 30, 1995, the Secretary shall report semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the volume of sales made under this section.’’ [Amendment of section 1163 of Pub. L. 99–198, set out above, by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise pro- vided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties.] [Amendment of section 1163 of Pub. L. 99–198, set out above, by Pub. L. 100–435 effective and implemented on Oct. 1, 1988, see section 701 of Pub. L. 100–435, set out as a note under section 2012 of this title.] § 1732. Definitions As used in this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development, unless otherwise specified in this chapter. (2) Agricultural commodity The term ‘‘agricultural commodity’’, unless otherwise provided for in this chapter, in- cludes any agricultural commodity or the products thereof produced in the United States, including wood and processed wood products, fish, and livestock as well as value- added, fortified, or high-value agricultural products. Effective beginning on October 1, 1991, for purposes of subchapter III, a product of an agricultural commodity shall not be con- sidered to be produced in the United States if it contains any ingredient that is not produced in the United States, if that ingredient is pro- duced and is commercially available in the United States at fair and reasonable prices. (3) Appropriate committee of Congress The term ‘‘appropriate committee of Con- gress’’ means— (A) the Committee on Agriculture, Nutri- tion, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (4) Cooperative The term ‘‘cooperative’’ means a private sec- tor organization whose members own and con- trol the organization and share in its services and its profits and that provides business serv- ices and outreach in cooperative development for its membership. (5) Developing country The term ‘‘developing country’’ means a country that has a shortage of foreign ex- change earnings and has difficulty meeting all of its food needs through commercial chan- nels. (6) Food security The term ‘‘food security’’ means access by all people at all times to sufficient food and nutrition for a healthy and productive life. (7) Nongovernmental organization The term ‘‘nongovernmental organization’’ means an organization that works at the local