§ 1733. — General provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1733]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
Sec. 1733. General provisions
(a) Prohibition
No agricultural commodity shall be made available under this chapter
unless it is determined that--
(1) 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 commodity 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 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.
(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 small business
Private trade channels shall be used under this chapter to the
maximum extent practicable in the United States and in the recipient
countries with respect to--
(1) sales from privately owned stocks;
(2) sales from stocks owned by the Commodity Credit Corporation;
and
(3) donations.
Small businesses shall be provided adequate and fair opportunity to
participate in such sales.
(e) World prices
(1) In general
In carrying out this chapter, reasonable precautions shall be
taken to assure that sales or donations of agricultural commodities
will not unduly disrupt world prices for agricultural commodities or
normal patterns of commercial trade with foreign countries.
(2) Sale price
Sales of agricultural commodities described in paragraph (1)
shall be made at a reasonable market price in the economy where the
agricultural commodity is to be sold, as determined by the Secretary
or the Administrator, as appropriate.
(f) Publicity
Commitments shall be obtained from countries or private entities, as
appropriate, receiving commodities under this chapter that such
countries or private entities will widely publicize, to the extent
practicable, through the use of the public media and through other
means, that such commodities are being provided through the friendship
of the American people as food for peace.
(g) Participation of private sector
The Secretary or the Administrator, as appropriate, shall encourage
the private sector of the United States and private importers in
developing countries to participate in the programs established under
this chapter.
(h) Safeguard usual marketings
In carrying out this chapter, reasonable precautions shall be taken
to safeguard the usual marketings of the United States and to avoid
displacing any sales of the United States agricultural commodities that
the Secretary or Administrator determines would otherwise be made.
(i) Military distribution of food aid
(1) In general
The Secretary or the Administrator, as appropriate, shall
attempt to ensure that agricultural commodities made available under
this chapter will be provided without regard to the political
affiliation, geographic location, ethnic, tribal, or religious
identity of the recipient or without regard to other extraneous
factors.
(2) Prohibition on handling of commodities by military
(A) In general
Except as provided in subparagraph (B), the Secretary or the
Administrator, as appropriate, shall not enter into an agreement
under this chapter to provide agricultural commodities if such
agreement requires or permits the distribution, handling, or
allocation of such commodities by the military forces of any
government or insurgent group.
(B) Exception
Notwithstanding subparagraph (A), the Secretary or the
Administrator, as appropriate, may authorize the handling or
distribution of commodities by the military forces of a country
in exceptional circumstances in which--
(i) nonmilitary channels are not available for such
handling or distribution;
(ii) such action is consistent with the requirements of
paragraph (1); and
(iii) the Secretary or the Administrator, as
appropriate, determines that such action is necessary to
meet the emergency health, safety, or nutritional
requirements of the recipient population.
(3) Encouragement of safe passage
When entering into agreements under this chapter that involve
areas within recipient countries that are experiencing protracted
warfare or civil strife, the Secretary or the Administrator, as
appropriate, shall, to the extent practicable, encourage all parties
to the conflict to permit safe passage of the commodities and other
relief supplies and to establish safe zones for medical and
humanitarian treatment and evacuation of injured persons.
(j) Violations of human rights
(1) Ineligible countries
The Secretary or the Administrator, as appropriate, shall not
enter into any agreement under this chapter to provide agricultural
commodities, or to finance the sale of agricultural commodities, to
the government of any country determined by the President to engage
in a consistent pattern of gross violations of internationally
recognized human rights, including--
(A) the torture or cruel, inhuman, or degrading treatment or
punishment of individuals;
(B) the prolonged detention of individuals without charges;
(C) the responsibility for causing the disappearance of
individuals through the abduction and clandestine detention of
such individuals; or
(D) other flagrant denials of the right to life, liberty,
and the security of persons.
(2) Waiver
Paragraph (1) shall not prohibit the provision of assistance to
such a country if the assistance is targeted to the most needy
people in such country and is made available in such country through
channels other than the government.
(k) Abortion prohibition
Local currencies that are made available for use under this chapter
may not be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions.
(l) Sale procedure
(1) In general
Subsections (b) and (h) of this section shall apply to sales of
commodities in recipient countries to generate proceeds to carry out
projects under--
(A) subchapters II and III of this chapter;
(B) section 1431(b) of this title; and
(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
(2) Currency
A sale described in paragraph (1) may be made in United States
dollars or other currencies.
(July 10, 1954, ch. 469, title IV, Sec. 403, as added Pub. L. 86-341,
title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87-703,
title II, Sec. 201(3), Sept. 27, 1962, 76 Stat. 611; Pub. L. 88-638,
Sec. 1(17), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-808, Sec. 2(E), Nov.
11, 1966, 80 Stat. 1536; Pub. L. 95-113, title XII, Sec. 1206, Sept. 29,
1977, 91 Stat. 956; Pub. L. 96-533, title IV, Sec. 407, Dec. 16, 1980,
94 Stat. 3151; Pub. L. 97-98, title XII, Sec. 1214, Dec. 22, 1981, 95
Stat. 1282; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104
Stat. 3646; Pub. L. 102-237, title III, Sec. 321, Dec. 13, 1991, 105
Stat. 1857; Pub. L. 104-127, title II, Sec. 213, Apr. 4, 1996, 110 Stat.
956; Pub. L. 107-171, title III, Sec. 3009(a), May 13, 2002, 116 Stat.
283.)
References in Text
The Food for Progress Act of 1985, referred to in subsec. (l)(1)(C),
is Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985, 99 Stat. 1472, as
amended, which is classified to section 1736o of this title.
Amendments
2002--Subsec. (e). Pub. L. 107-171, Sec. 3009(a)(1), designated
existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (l). Pub. L. 107-171, Sec. 3009(a)(2), added subsec. (l).
1996--Subsec. (b). Pub. L. 104-127, Sec. 213(1), inserted heading
and struck out former heading ``Consultations'' and in text struck out
``consult with representatives from the International Monetary Fund, the
International Bank for Reconstruction and Development, the World Bank,
and other donor organizations to'' before ``ensure that''.
Subsec. (c). Pub. L. 104-127, Sec. 213(2), struck out ``from
countries'' after ``require commitments'' and substituted ``or use for
other'' for ``for use for other''.
Subsec. (f). Pub. L. 104-127, Sec. 213(3), inserted ``or private
entities, as appropriate,'' after ``from countries'' and ``or private
entities'' after ``such countries''.
Subsec. (i)(2)(C). Pub. L. 104-127, Sec. 213(4), struck out heading
and text of subpar. (C). Text read as follows: ``Not later than 30 days
after an authorization is provided under subparagraph (B), the Secretary
or the Administrator, as appropriate, shall prepare and submit to the
appropriate committees of Congress a report concerning such
authorization and include in any such report the reason for the
authorization, including an explanation of why no alternatives to such
handling or distribution were available.''
1991--Subsec. (i)(2)(C). Pub. L. 102-237 substituted ``committees''
for ``Committees''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing appropriations necessary
for this chapter, classifying such expenditures under international
affairs and finance rather than agriculture, valuing commodity, for
purpose of reimbursing Commodity Credit Corporation, at price not
greater than export market price at time commodity was made available,
and authorizing President to transfer up to 15 percent of funding for
any fiscal year from any subchapter of this chapter to any other
subchapter.
1981--Subsec. (b). Pub. L. 97-98 inserted ``a price not greater
than''.
1980--Subsec. (c). Pub. L. 96-533 added subsec. (c).
1977--Pub. L. 95-113 designated existing provisions as subsec. (a)
and added subsec. (b).
1966--Pub. L. 89-808 substituted provisions for authorization of
appropriations, including reimbursement of Commodity Credit Corporation,
and classification of expenditures, formerly covered in former section
1703(a) of this title, for provision for payment for commodities, now
provided for by section 1706(a) of this title.
1964--Pub. L. 88-638 substituted ``less than the minimum rate
required by section 2161 of Title 22 for loans made under that section''
for ``more than the cost of the funds to the United States Treasury as
determined by the Secretary of the Treasury, taking into consideration
the current average market yields on outstanding marketable obligations
of the United States having maturity comparable to the maturities of
loans made by the President under this section''.
1962--Pub. L. 87-703 substituted ``reasonable'' for ``approximately
equal'' annual amounts and provided for deferral of date for beginning
annual payment.
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 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
Effective Date of 1977 Amendment
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.
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.
Delegation of Functions
Functions of President under subsec. (j) of this section delegated
to Secretary of State by section 4(b) of Ex. Ord. No. 12752, Feb. 25,
1991, 56 F.R. 8256, set out as a note under section 1691 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1431, 1736o, 1736o-1 of this
title; title 46 App. section 1241h.
