7 U.S.C. § 1736f — Authorization of appropriations

Page 1003 TITLE 7—AGRICULTURE § 1736f 1537; amended July 29, 1968, Pub. L. 90–436, § 1, 82 Stat. 450; Nov. 30, 1970, Pub. L. 91–524, title VII, § 701, 84 Stat. 1379; Aug. 10, 1973, Pub. L. 93–86, § 1(26), 87 Stat. 237; Sept. 29, 1977, Pub. L. 95–113, title XII, § 1208, 91 Stat. 957; Dec. 22, 1981, Pub. L. 97–98, title XII, § 1216, 95 Stat. 1282; Dec. 23, 1985, Pub. L. 99–198, title XI, § 1105, 99 Stat. 1466; Nov. 28, 1990, Pub. L. 101–624, title XV, § 1512, 104 Stat. 3653; Dec. 13, 1991, Pub. L. 102–237, title III, § 322, 105 Stat. 1857, required promulgation of regulations to implement chapter not later than 180 days after Nov. 28, 1990. Section 1736d, act July 10, 1954, ch. 469, title IV, § 410, as added Nov. 11, 1966, Pub. L. 89–808, § 2(E), 80 Stat. 1538; amended Nov. 28, 1990, Pub. L. 101–624, title XV, § 1512, 104 Stat. 3653; Dec. 13, 1991, Pub. L. 102–237, title III, § 322, 105 Stat. 1857, provided for independent eval- uation of programs under subchapters II, III, and III–A of this chapter and report to Congress. § 1736e. Debt forgiveness (a) Authority The President, taking into account the finan- cial resources of a country, may waive payments of principal and interest that such country would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under subchapter II if— (1) that country is a least developed country; and (2) either— (A) an International Monetary Fund stand- by agreement is in effect with respect to that country; (B) a structural adjustment program of the International Bank for Reconstruction and Development or of the International Devel- opment Association is in effect with respect to that country; (C) a structural adjustment facility, en- hanced structural adjustment facility, or similar supervised arrangement with the International Monetary Fund is in effect with respect to that country; or (D) even though such an agreement, pro- gram, facility, or arrangement is not in ef- fect, the country is pursuing national eco- nomic policy reforms that would promote democratic, market-oriented, and long term economic development. (b) Request for debt relief by President The President may provide debt relief under subsection (a) only if a notification is submitted to Congress at least 10 days prior to providing the debt relief. Such a notification shall— (1) specify the amount of official debt the President proposes to liquidate; and (2) identify the countries for which debt re- lief is proposed and the basis for their eligi- bility for such relief. (c) Appropriations action required The aggregate amount of principal and inter- est waived under this section may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this chapter. (d) Limitation on new credit assistance If the authority of this section is used to waive payments otherwise required to be made by a country pursuant to this chapter, the Presi- dent may not provide any new credit assistance for that country under this chapter during the 2- year period beginning on the date such waiver authority is exercised, unless the President pro- vides to the Congress, before the assistance is provided, a written justification for the provi- sion of such new credit assistance. (e) Applicability The authority of this section applies with re- spect to credit sales agreements entered into be- fore November 28, 1990. (July 10, 1954, ch. 469, title IV, § 411, as added Pub. L. 91–524, title VII, § 704, Nov. 30, 1970, as added Pub. L. 93–86, § 1(26), Aug. 10, 1973, 87 Stat. 237; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3654; Pub. L. 102–237, title III, §§ 322, 326, 336, Dec. 13, 1991, 105 Stat. 1857, 1859.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237, § 326, substituted ‘‘subchapter II’’ for ‘‘this subchapter’’ in introductory provisions. Subsec. (b). Pub. L. 102–237, § 336, inserted ‘‘at least 10 days prior to providing the debt relief’’ before period at end of first sentence. Subsec. (e). Pub. L. 102–237, § 322, substituted ‘‘Novem- ber 28, 1990’’ for ‘‘the date of enactment of this Act’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions prohibiting assistance under subchapters II, III and III–A of this chapter to North Vietnam after July 1, 1973, unless spe- cifically authorized by Act of Congress. 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. RENEGOTIATION OF PAYMENT TERMS OF LOANS FOR SALE OF AGRICULTURAL COMMODITIES Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 147, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘Title I of the Public Law 480 [7 U.S.C. 1701 et seq.] program allowed for the repayment of loans for the sale of agricultural com- modities in foreign or local currencies until December 31, 1971. Since that time, until the law was changed in the 1985 farm bill [probably means Pub. L. 99–198, see Tables for classification], all sales have been on dollar credit terms. In view of the present financial situation, it is impossible for many countries to repay their loans in dollars. Therefore, the President may use the au- thority in section 411 and section 604 of the Food for Peace Act [7 U.S.C. 1736e, 1738c] to renegotiate the pay- ment on Public Law 480 debt in eligible countries in Latin America, the Caribbean and sub-Saharan Africa.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Agriculture, in consultation with Food Assistance Policy Council and Department of the Treasury, by section 4(d) of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title. § 1736f. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated— (1) for fiscal year 2008 and each fiscal year thereafter, $2,500,000,000 to carry out the emer- Page 1004 TITLE 7—AGRICULTURE § 1736f gency and nonemergency food assistance pro- grams under subchapter III; and (2) such sums as are necessary— (A) to carry out the concessional credit sales program established under subchapter II; (B) to carry out the grant program estab- lished under subchapter III–A; and (C) to make payments to the Commodity Credit Corporation to the extent the Com- modity Credit Corporation is not reimbursed under the programs under this chapter for the actual costs incurred or to be incurred by the Commodity Credit Corporation in carrying out such programs. (b) Transfer of funds (1) In general Except as provided in paragraph (2) and not- withstanding any other provision of law, the President may direct that up to 15 percent of the funds available for any fiscal year for car- rying out any subchapter of this chapter be used to carry out any other subchapter of this chapter. (2) Subchapter III–A funds The President may direct that up to 50 per- cent of the funds available for any fiscal year for carrying out subchapter III–A be used to carry out subchapter III. (c) Budget In presenting the Budget of the United States, the President shall classify expenditures under this chapter as expenditures for international affairs and finance rather than for agriculture and agricultural resources. (d) Value of commodities Notwithstanding any other provision of law, in determining the reimbursement due the Com- modity Credit Corporation for all expenses in- curred under this chapter, commodities from the inventory of the Commodity Credit Corporation that were acquired under dairy price support op- erations shall be valued at a price not greater than the export market price for such commod- ities, as determined by the Secretary, as of the time such commodity is made available under this chapter. (e) Minimum level of nonemergency food assist- ance (1) In general For each of fiscal years 2019 through 2023, not less than $365,000,000 of the amounts made available to carry out emergency and non- emergency food assistance programs under subchapter II, nor more than 30 percent of such amounts, shall be expended for non- emergency food assistance programs under such subchapter. (2) Community development funds Funds appropriated each year to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are made available through grants or cooperative agreements to strengthen food security in developing coun- tries and that are consistent with section 1722(e)(1)(C) of this title may be considered amounts expended for nonemergency food as- sistance programs for purposes of paragraph (1). (3) Farmer-to-farmer program In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts ex- pended for that year to carry out programs under section 1737 of this title may be consid- ered amounts expended for nonemergency food assistance programs. (July 10, 1954, ch. 469, title IV, § 412, as added Pub. L. 94–161, title II, § 212, Dec. 20, 1975, 89 Stat. 855; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3655; Pub. L. 104–127, title II, § 220, Apr. 4, 1996, 110 Stat. 958; Pub. L. 106–387, § 1(a) [title VII, § 768], Oct. 28, 2000, 114 Stat. 1549, 1549A–45; Pub. L. 110–246, title III, §§ 3020, 3021, June 18, 2008, 122 Stat. 1829; Pub. L. 113–79, title III, § 3012, Feb. 7, 2014, 128 Stat. 777; Pub. L. 115–334, title III, § 3114, Dec. 20, 2018, 132 Stat. 4607.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (e)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of Title 22, Foreign Rela- tions and Intercourse. For provisions deeming ref- erences to subchapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of sub- chapter II of chapter 32, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of Title 22, and sections 2348c and 2349aa–5 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to minimum level of nonemergency food assistance for each of fiscal years 2014 through 2018. 2014—Subsec. (e). Pub. L. 113–79 amended subsec. (e) generally. Prior to amendment, subsec. (e) specified minimum amounts to be expended for nonemergency food assistance programs under subchapter III for fiscal years 2009 to 2012, provided an exception allowing the President to use less than the amount specified, and re- quired notification to Congress if the President deter- mined that there was an urgent need for additional emergency food assistance. 2008—Subsec. (a). Pub. L. 110–246, § 3020, added subsec. (a) and struck out former subsec. (a) which authorized appropriations for programs under subchapters II, III, and III–A of this chapter. Subsec. (e). Pub. L. 110–246, § 3021, added subsec. (e). 2000—Subsec. (d). Pub. L. 106–387 substituted ‘‘dairy price support operations’’ for ‘‘title I of the Agricul- tural Act of 1949 (7 U.S.C. 1421 et seq.)’’. 1996—Subsec. (b). Pub. L. 104–127, § 220(1), added sub- sec. (b) and struck out heading and text of former sub- sec. (b). Text read as follows: ‘‘Of the amounts made available in each fiscal year to carry out subchapters II and III–A of this chapter, not less than— ‘‘(1) 40 percent shall be made available to carry out the credit sales program established under sub- chapter II of this chapter; and ‘‘(2) 40 percent shall be made available to carry out the grant program established under subchapter III–A of this chapter.’’ Subsecs. (c) to (e). Pub. L. 104–127, § 220, redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out heading and text of former subsec. (c). Text Page 1005 TITLE 7—AGRICULTURE § 1736f–1 read as follows: ‘‘Notwithstanding any other provision of law and except as provided in subsection (b) of this section, if the President determines it to be necessary for purposes of this chapter, the President may direct that not in excess of 15 percent of the funds available in any fiscal year for carrying out any subchapter of this chapter be used to carry out any other subchapter of this chapter.’’ 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions authorizing President to seek agreement for international food re- serve, with costs to be shared equitably among nations, and with safeguards against price disruptions. 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. AVAILABILITY OF FUNDS Pub. L. 109–97, title VII, § 722, Nov. 10, 2005, 119 Stat. 2152, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘Hereafter, notwithstanding section 412 of the Food for Peace Act (7 U.S.C. 1736f), any balances available to carry out title III of such Act [7 U.S.C. 1727 et seq.] as of the date of enactment of this Act [Nov. 10, 2005], and any recov- eries and reimbursements that become available to carry out title III of such Act, may be used to carry out title II of such Act [7 U.S.C. 1721 et seq.].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–447, div. A, title VII, § 724, Dec. 8, 2004, 118 Stat. 2841. Pub. L. 108–199, div. A, title VII, § 724, Jan. 23, 2004, 118 Stat. 34. Pub. L. 108–7, div. A, title VII, § 727, Feb. 20, 2003, 117 Stat. 42. Pub. L. 107–76, title VII, § 730, Nov. 28, 2001, 115 Stat. 736. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion delegated to Director of the Office of Management and Budget by section 4(e) of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title. § 1736f–1. Establishment of commodity trust (a) In general To provide for a trust solely to meet emer- gency humanitarian food needs in developing countries, the Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall es- tablish and maintain a trust of wheat, rice, corn, or sorghum, any combination of the com- modities, or funds for use as described in sub- section (c). (b) Commodities or funds in trust (1) In general The trust established under this section shall consist of— (A) wheat in the reserve established under the Food Security Wheat Reserve Act of 1980 as of April 4, 1996; (B) wheat, rice, corn, and sorghum (re- ferred to in this section as ‘‘eligible com- modities’’) acquired in accordance with paragraph (2) to replenish eligible commod- ities released from the trust, including wheat to replenish wheat released from the reserve established under the Food Security Wheat Reserve Act of 1980 but not replen- ished as of April 4, 1996; (C) such rice, corn, and sorghum as the Secretary may, at such time and in such manner as the Secretary determines appro- priate, acquire as a result of exchanging an equivalent value of wheat in the trust estab- lished under this section; and (D) funds made available— (i) under paragraph (2)(B); (ii) as a result of an exchange of any commodity held in the trust for an equiva- lent amount of funds from the market, if the Secretary determines that such a sale of the commodity on the market will not unduly disrupt domestic markets; or (iii) to maximize the value of the trust, in accordance with subsection (d)(3). (2) Replenishment of trust (A) In general Subject to subsection (h), commodities of equivalent value to eligible commodities in the trust established under this section may be acquired— (i) through purchases— (I) from producers; or (II) in the market, if the Secretary de- termines that the purchases will not un- duly disrupt the market; or (ii) by designation by the Secretary of stocks of eligible commodities of the Com- modity Credit Corporation. (B) Funds Any funds used to acquire eligible com- modities through purchases from producers or in the market to replenish the trust shall be derived— (i) with respect to fiscal years 2000 through 2023 from funds made available to carry out the Food for Peace Act (7 U.S.C. 1691 et seq.) that are used to repay or reim- burse the Commodity Credit Corporation for the release of eligible commodities under subsections (c)(1) and (f)(2), except that, of such funds, not more than $20,000,000 may be expended for this pur- pose in each of the fiscal years 2000 through 2023; (ii) from funds authorized for that use by an appropriations Act; or (iii) from funds accrued through the management of the trust under subsection (d). (c) Release of eligible commodities (1) Releases for emergency assistance (A) Definition of emergency (i) In general In this paragraph, the term ‘‘emergency’’ means an urgent situation— (I) in which there is clear evidence that an event or series of events de- scribed in clause (ii) has occurred—