§ 1727a. — Eligible countries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1727a]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER III-A--FOOD FOR DEVELOPMENT
Sec. 1727a. Eligible countries
(a) Least developed countries
A country shall be considered to be a least developed country and
eligible for the donation of agricultural commodities under this
subchapter if--
(1) such country meets the poverty criteria established by the
International Bank for Reconstruction and Development for Civil
Works Preference for providing financial assistance; or
(2) such country is a food deficit country and is characterized
by high levels of malnutrition among significant numbers of its
population, as determined by the Administrator under subsection (b)
of this section.
(b) Indicators of food deficit countries
To make a finding under subsection (a)(2) of this section that a
country is a food deficit country and is characterized by high levels of
malnutrition, the Administrator must determine that the country meets
all of the following indicators of national food deficit and
malnutrition:
(1) Calorie consumption
That the daily per capita calorie consumption of the country is
less than 2300 calories.
(2) Food security requirements
That the country cannot meet its food security requirements
through domestic production or imports due to a shortage of foreign
exchange earnings.
(3) Child mortality rate
That the mortality rate of children under 5 years of age in the
country is in excess of 100 per 1000 births.
(c) Priority
In determining whether and to what extent agricultural commodities
shall be made available to least developed countries under this
subchapter, the Administrator shall give priority to countries that--
(1) demonstrate the greatest need for food;
(2) demonstrate the capacity to use food assistance effectively;
(3) have demonstrated a commitment to policies to promote food
security, including policies to reduce measurably hunger and
malnutrition through efforts such as establishing and
institutionalizing supplemental nutrition programs targeted to reach
those who are nutritionally at risk; and
(4) have a long-term plan for broad-based, equitable, and
sustainable development.
(July 10, 1954, ch. 469, title III, Sec. 302, as added Pub. L. 95-88,
title II, Sec. 211(a)(2), Aug. 3, 1977, 91 Stat. 549; amended Pub. L.
96-53, title II, Sec. 205, Aug. 14, 1979, 93 Stat. 369; Pub. L. 99-83,
title X, Sec. 1004(b), Aug. 8, 1985, 99 Stat. 271; Pub. L. 99-198, title
XI, Sec. 1108, Dec. 23, 1985, 99 Stat. 1467; Pub. L. 101-624, title XV,
Sec. 1512, Nov. 28, 1990, 104 Stat. 3642.)
Prior Provisions
A prior section 302 of act July 10, 1954, ch. 469, title III, 68
Stat. 458, which amended section 1431 of this title, was renumbered
section 309 by Pub. L. 95-88, title II, Sec. 211(a)(1), Aug. 3, 1977, 91
Stat. 548.
Amendments
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions setting out criteria for eligibility
of developing countries for distribution of commodities, minimum
aggregate value of agreements for such distribution, waiver of minimum,
and participatory requirements.
1985--Subsec. (c)(1)(C). Pub. L. 99-198 substituted ``10'' for
``15'' percent.
Subsec. (c)(4). Pub. L. 99-83 inserted ``and of United States
nonprofit voluntary agencies and cooperatives''.
1979--Subsec. (c)(4). Pub. L. 96-53 added par. (4).
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 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of Title 22,
Foreign Relations and Intercourse.
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 Intercourse.
Effective Date
Section effective Oct. 1, 1977, see section 215 of Pub. L. 95-88,
set out as an Effective Date of 1977 Amendment note under section 1702
of this title.
