§ 1736. — Use of Commodity Credit Corporation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1736]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
Sec. 1736. Use of Commodity Credit Corporation
(a) In general
The Commodity Credit Corporation may acquire and make available such
agricultural commodities (that have been determined to be available
under section 1731(a) of this title) as necessary to carry out
agreements under this chapter.
(b) Included expenses
With respect to commodities made available under subchapters III and
III-A of this chapter, the Commodity Credit Corporation may pay--
(1) the cost of acquiring such commodities;
(2) the costs associated with packaging, enrichment,
preservation, and fortification of such commodities;
(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 transshipment ports, as determined by the
Secretary, 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
transportation costs incurred in moving the commodities from
designated points of entry or ports of entry abroad to storage and
distribution sites and associated storage and distribution costs;
and
(7) the charges for general average contributions 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 appropriation Acts.
(July 10, 1954, ch. 469, title IV, Sec. 406, 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(5), Sept. 27, 1962, 76 Stat. 611; Pub. L. 89-808,
Sec. 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 94-161, title II,
Sec. 214, Dec. 20, 1975, 89 Stat. 855; Pub. L. 101-508, title I,
Sec. 1204(b)(2), Nov. 5, 1990, 104 Stat. 1388-11; Pub. L. 101-624, title
XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3650; Pub. L. 102-237, title
III, Sec. 323, Dec. 13, 1991, 105 Stat. 1857; Pub. L. 104-127, title II,
Sec. 215, Apr. 4, 1996, 110 Stat. 956.)
Amendments
1996--Subsec. (a). Pub. L. 104-127, Sec. 215(1), substituted ``may''
for ``shall'' after ``Corporation''.
Subsec. (b). Pub. L. 104-127, Sec. 215(2)(A), in introductory
provisions, substituted ``subchapters III and III-A of this chapter''
for ``this chapter''.
Subsec. (b)(4). Pub. L. 104-127, Sec. 215(2)(B), added par. (4) and
struck out former par. (4) which read as follows: ``the ocean freight
charges from United States ports to designated ports of entry abroad;''.
1991--Subsec. (b)(5)(D). Pub. L. 102-237 substituted ``time'' for
``items''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions authorizing appropriations and
authorizing the President to administer a program of farmer-to-farmer
assistance, enter into agreements or make grants to train farmers in
recipient countries, seek exchange of farm youth and farm leaders with
developing countries, conduct research in tropical and subtropical
agriculture, coordinate program with other foreign assistance programs,
establish conditions for eligibility in farmer-to-farmer program, and
pay costs of program through use of foreign currencies accruing from
sale of commodities.
Subsec. (d). Pub. L. 101-508 added subsec. (d).
1975--Subsec. (a). Pub. L. 94-161, Sec. 214(1), substituted ``the
President'' for ``the Secretary of Agriculture''.
Subsec. (a)(1). Pub. L. 94-161, Sec. 214(2), struck out ``through
existing agencies of the Department of Agriculture'' after ``establish
and administer''.
Subsec. (a)(5). Pub. L. 94-161, Sec. 214(3), substituted ``with
other foreign assistance activities of the United States'' for ``with
the activities of the Peace Corps, the Agency for International
Development, and other agencies of the United States and to assign, upon
agreement with such agencies, such persons to work with and under the
administration of such agencies: Provided, That nothing in this section
shall be construed to infringe upon the powers or functions of the
Secretary of State''.
1966--Pub. L. 89-808 substituted food production assistance
provisions for provision respecting applicability of other laws, now
provided for by section 1707(d) of this title.
1962--Pub. L. 87-703 made section 1701(b) and (c) applicable to this
subchapter.
Effective Date of 1990 Amendments
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.
Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section
1301 of Pub. L. 101-508, set out as a note under section 511r 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.
Farmer-to-Farmer Programs for Fiscal Years 1986 Through 1990
Pub. L. 99-198, title XI, Sec. 1107, Dec. 23, 1985, 99 Stat. 1467,
as amended by Pub. L. 100-277, Sec. 6, Apr. 4, 1988, 102 Stat. 69,
provided that:
``(a) Notwithstanding any other provision of law, not less than one-
tenth of 1 percent of the funds available for each of the fiscal years
ending September 30, 1986 through September 30, 1990, to carry out the
Agricultural Trade Development and Assistance Act of 1954 [this chapter]
shall be used to carry out paragraphs (1) and (2) of section 406(a) of
that Act [7 U.S.C. 1736(a)(1), (2)]. Any such funds used to carry out
paragraph (2) of section 406(a) shall not constitute more than one-
fourth of the funds used as provided by the first sentence of this
subsection, shall be used for activities in direct support of the
farmer-to-farmer program under paragraph (1) of section 406(a), and
shall be administered whenever possible in conjunction with programs
under sections 296 through 300 of the Foreign Assistance Act of 1961 [22
U.S.C. 2220a-2220e].
``(b) Not later than 120 days after the date of enactment of this
Act [Dec. 23, 1985], the Administrator of the Agency for International
Development, in conjunction with the Secretary of Agriculture, shall
submit to Congress a report indicating the manner in which the Agency
intends to implement the provisions of paragraphs (1) and (2) of section
406(a) of the Agricultural Trade Development and Assistance Act of 1954
[7 U.S.C. 1736(a)(1), (2)] with the funds made available under
subsection (a).''
Section Referred to in Other Sections
This section is referred to in sections 1431, 1736o of this title;
title 22 section 5423.
