§ 1734. — Agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1734]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
Sec. 1734. Agreements
(a) In general
Before entering into agreements with foreign countries under
subchapters II and III-A of this chapter for the provision of
commodities, the Secretary or the Administrator, as appropriate, shall
consider the extent to which the recipient country is undertaking
measures for economic development purposes in order to improve food
security and agricultural development, alleviate poverty, and promote
broad-based, equitable, and sustainable development.
(b) Terms of agreement
An agreement entered into under this chapter shall--
(1) include an estimate of the annual value or volume of
agricultural commodities proposed to be made available to the
country or eligible organization under the agreement;
(2) with respect to agreements entered into with foreign
countries under subchapters II and III-A of this chapter, include a
statement of the manner in which the agricultural commodities
provided under the agreement or the revenues generated by the sale
of such commodities (if such commodities are sold), will be
integrated into the overall development plans of the country to
improve food security and agricultural development, alleviate
poverty, and promote broad-based, equitable, and sustainable
agriculture and broad-based economic growth;
(3) with respect to agreements entered into under subchapters II
and III-A of this chapter, include a statement of the manner in
which competitive private sector participation within the recipient
country in the storage, marketing, transportation, and distribution
of agricultural commodities made available under this chapter will
be encouraged;
(4) include a statement that such agreement shall be subject to
the availability, during each fiscal year to which the agreement
applies, of the necessary appropriations and agricultural
commodities; and
(5) contain such other terms and conditions as the Secretary or
the Administrator, as appropriate, determines to be necessary.
(c) Multi-year agreements
(1) In general
Agreements to provide assistance on a multi-year basis to
recipient countries or to eligible organizations--
(A) may be made available under subchapters II and III-A of
this chapter; and
(B) shall be made available under subchapter III of this
chapter.
(2) Exception
The Secretary or the Administrator, as appropriate, may
determine not to make assistance available on a multi-year basis
with respect to a recipient country or an eligible organization if
it is determined that assistance should be provided to such country
or through such organization only on an annual basis because--
(A) the past performance of the country or organization in
meeting program objectives does not warrant a multi-year
agreement;
(B) it is anticipated that the need of the country or
organization for food aid does not extend beyond 1 year; or
(C) other circumstances, as determined by the Secretary or
the Administrator, as appropriate, indicate there is only a need
for a 1 year agreement.
(d) Review of agreements
The Secretary or the Administrator, as appropriate, may make a
determination to terminate, or refuse to enter into, a multi-year
agreement with respect to a recipient country if the Secretary or the
Administrator determines that such country is not fulfilling the
objectives or requirements of this chapter. In making such a
determination, the Secretary or the Administrator, as appropriate, may
consider the extent to which the country is--
(1) making significant economic development reforms;
(2) promoting free and open markets for food and agricultural
producers; and
(3) fostering increased food security.
(July 10, 1954, ch. 469, title IV, Sec. 404, as added Pub. L. 86-341,
title I, Sec. 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 89-808,
Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 96-53, title II,
Sec. 209, Aug. 14, 1979, 93 Stat. 370; Pub. L. 101-624, title XV,
Sec. 1512, Nov. 28, 1990, 104 Stat. 3648; Pub. L. 104-127, title II,
Sec. 214, Apr. 4, 1996, 110 Stat. 956.)
Amendments
1996--Subsec. (a). Pub. L. 104-127, Sec. 214(1), inserted ``with
foreign countries'' after ``Before entering into agreements''.
Subsec. (b)(2). Pub. L. 104-127, Sec. 214(2), inserted ``with
foreign countries'' after ``agreements entered into'' and ``and broad-
based economic growth'' before semicolon at end.
Subsec. (c)(1). Pub. L. 104-127, Sec. 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
organizations.''
1990--Pub. L. 101-624 amended section generally, substituting
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 quantities 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 sections 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 humanitarian objectives and the
national interest for provisions requiring the Secretary of Agriculture
to maximize the sale of commodities and avoid displacement of cash
sales, now provided for by sections 1703(n) and 1707(b) 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.
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 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.
