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7 U.S.C. § 1735 — Consultation

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1735 — Consultation

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

7 U.S.C. § 1735 — General provisions

**(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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