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7 U.S.C. § 1735 — Consultation
Federal law — U.S. Code and appendices · legal_authorities
Page 996
TITLE 7—AGRICULTURE
§ 1735
Subsec. (c)(1). Pub. L. 104–127, § 214(3), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘Agreements to provide assistance on
a multi-year basis under this chapter shall be made
available to recipient countries or to eligible organiza-
tions.’’
1990—Pub. L. 101–624 amended section generally, sub-
stituting present provisions for provisions outlining
aims of assistance programs, namely humanitarian and
national interest objectives, and requiring assessments
of recipient countries to determine types and quan-
tities of commodities needed, conditions under which
distribution should take place, most suitable timing
for delivery, etc.
1979—Pub. L. 96–53 designated existing provisions as
subsec. (a), substituted provisions relating to aims of
programs of assistance conducted under this chapter
and sections 1427 and 1431 of this title and the types and
quantities of agricultural commodities to be made
available, for provisions relating to aims of assistance
programs undertaken pursuant to this chapter and sec-
tions 1427 and 1431 of this title, and added subsec. (b).
1966—Pub. L. 89–808 substituted provision declaratory
of aims of assistance programs as the attainment of hu-
manitarian objectives and the national interest for pro-
visions requiring the Secretary of Agriculture to maxi-
mize the sale of commodities and avoid displacement of
cash sales, now provided for by sections 1703(n) and
1707(b) of this title.
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 P
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Page 996
TITLE 7—AGRICULTURE
§ 1735
Subsec. (c)(1). Pub. L. 104–127, § 214(3), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘Agreements to provide assistance on
a multi-year basis under this chapter shall be made
available to recipient countries or to eligible organiza-
tions.’’
1990—Pub. L. 101–624 amended section generally, sub-
stituting present provisions for provisions outlining
aims of assistance programs, namely humanitarian and
national interest objectives, and requiring assessments
of recipient countries to determine types and quan-
tities of commodities needed, conditions under which
distribution should take place, most suitable timing
for delivery, etc.
1979—Pub. L. 96–53 designated existing provisions as
subsec. (a), substituted provisions relating to aims of
programs of assistance conducted under this chapter
and sections 1427 and 1431 of this title and the types and
quantities of agricultural commodities to be made
available, for provisions relating to aims of assistance
programs undertaken pursuant to this chapter and sec-
tions 1427 and 1431 of this title, and added subsec. (b).
1966—Pub. L. 89–808 substituted provision declaratory
of aims of assistance programs as the attainment of hu-
manitarian objectives and the national interest for pro-
visions requiring the Secretary of Agriculture to maxi-
mize the sale of commodities and avoid displacement of
cash sales, now provided for by sections 1703(n) and
1707(b) of this title.
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 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.
§ 1735. Consultation
The Secretary and the Administrator shall co-
operate and consult in the implementation of
this chapter.
(July 10, 1954, ch. 469, title IV, § 405, as added
Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat.
610; amended Pub. L. 87–703, title II, § 201(4),
Sept. 27, 1962, 76 Stat. 611; Pub. L. 89–808, § 2(E),
Nov. 11, 1966, 80 Stat. 1536; Pub. L. 101–624, title
XV, § 1512, Nov. 28, 1990, 104 Stat. 3650.)
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–624 amended section generally, sub-
stituting present provisions for provisions requiring
funds and authority under this chapter be used to assist
friendly countries determined to increase their self-re-
liance in food production and managing population
growth.
1966—Pub. L. 89–808 substituted provisions respecting
self-help in meeting food requirements and in resolving
problems relative to population growth for provisions
respecting entry into agreements for participation in
supply and assistance program on a proportionate and
equitable basis.
1962—Pub. L. 87–703 substituted ‘‘In the case of such
agreements, the Secretary may enter into agreements
with other friendly and historic supplying nations’’ for
‘‘In entering into such agreements, the Secretary shall
endeavor to reach agreement with other exporting na-
tions’’.
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 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.
§ 1736. Use of Commodity Credit Corporation
(a) In general
The Commodity Credit Corporation may ac-
quire and make available such agricultural com-
modities as necessary to carry out agreements
under this chapter.
(b) Included expenses
With respect to commodities made available
under subchapters III and III–A, the Commodity
Credit Corporation may pay—
(1) the cost of acquiring such commodities;
(2) the costs associated with packaging, en-
richment, preservation, and fortification of
such commodities, including the costs of car-
rying out section 1736g–2 of this title;
(3) the processing, transportation, handling,
and other incidental costs up to the time of
the delivery of such commodities free on board
vessels in United States ports;
(4) the vessel freight charges from United
States ports or designated Canadian trans-
shipment ports, as determined by the Sec-
retary, to designated ports of entry abroad;
(5) the costs associated with transporting
such commodities from United States ports to
designated points of entry abroad in the case—
(A) of landlocked countries;
(B) of ports that cannot be used effectively
because of natural or other disturbances;
(C) of the unavailability of carriers to a
specific country; or
(D) of substantial savings in costs or time
that may be effected by the utilization of
points of entry other than ports;
(6) in the case of commodities for urgent and
extraordinary relief requirements (including
pre-positioned
commodities)
the
transpor-
tation costs incurred in moving the commod-
ities from designated points of entry or ports
of entry abroad to storage and distribution
sites and associated storage, distribution, and
program implementation costs to use the com-
modities; and
(7) the charges for general average contribu-
tions arising out of the ocean transport of
commodities transferred pursuant thereto.
(c) Commodity Credit Corporation
The funds, facilities, and authorities of the
Commodity Credit Corporation may be used to
carry out this chapter.
(d) Availability of funds
Funds shall be available under this chapter
only to the extent provided in advance in appro-
priation Acts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that—
(1) in the case of the provision of an agricultural commodity, adequate storage facilities will be available in the recipient country at the time of the arrival of the commodity to prevent the spoilage or waste of the commodity; and
(2) the distribution of the agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food in the recipient country will not result in a substantial disincentive to or interference with domestic production or marketing in that country.
**(b) Impact on local farmers and economy** The Secretary or the Administrator, as appropriate, shall ensure that the importation of United States agricultural commodities, the use of food procured outside of the United States, food vouchers, and cash transfers for food, and the use of local currencies for development purposes will not have a disruptive impact on the farmers or the local economy of the recipient country. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within the recipient country.
**(c) Transshipment** The Secretary or the Administrator, as appropriate, shall, under such terms and conditions as are determined to be appropriate, require commitments designed to prevent or restrict the resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities donated or purchased under this chapter.
**(d) Private trade channels and
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