7 U.S.C. § 1736o — Food for progress

Page 1011 TITLE 7—AGRICULTURE § 1736o Editorial Notes CODIFICATION Section was enacted as part of the Agriculture and Food Act of 1981, and not as part of the Food for Peace Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title. §§ 1736m, 1736n. Repealed. Pub. L. 104–127, title II, §§ 226, 266, Apr. 4, 1996, 110 Stat. 962, 974 Section 1736m, Pub. L. 97–98, title XII, § 1207, Dec. 22, 1981, 95 Stat. 1278; Pub. L. 99–198, title XI, § 1126(c), Dec. 23, 1985, 99 Stat. 1482, related to expansion of inter- national markets for United States agricultural com- modities and products. Section 1736n, Pub. L. 97–98, title XII, § 1208, Dec. 22, 1981, 95 Stat. 1280; Pub. L. 101–624, title XV, § 1515(a), Nov. 28, 1990, 104 Stat. 3663, directed Secretary of Agri- culture to continue investigating potential for in- creased usage of protein byproducts derived from alco- hol fuel production and report results to Congress. § 1736o. Food for progress (a) Short title This section may be cited as the ‘‘Food for Progress Act of 1985’’. (b) Definitions In this section: (1) Cooperative The term ‘‘cooperative’’ has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732). (2) Corporation The term ‘‘Corporation’’ means the Com- modity Credit Corporation. (3) Developing country The term ‘‘developing country’’ has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732). (4) Eligible commodity The term ‘‘eligible commodity’’ means an agricultural commodity, or a product of an ag- ricultural commodity, in inventories of the Corporation or acquired by the Secretary or the Corporation for disposition through com- mercial purchases under a program authorized under this section. (5) Eligible entity The term ‘‘eligible entity’’ means— (A) the government of an emerging agri- cultural country; (B) an intergovernmental organization; (C) a private voluntary organization; (D) a nonprofit agricultural organization or cooperative; (E) a nongovernmental organization; (F) a college or university (as such terms are defined in section 3103(4) of this title); and (G) any other private entity. (6) Food security The term ‘‘food security’’ means access by all people at all times to sufficient food and nutrition for a healthy and productive life. (7) Nongovernmental organization The term ‘‘nongovernmental organization’’ has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732). (8) Private voluntary organization The term ‘‘private voluntary organization’’ has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732). (9) Program The term ‘‘program’’ means a food assist- ance or development initiative proposed by an eligible entity and approved by the Secretary under this section. (10) Rate of return For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that— (A) the proceeds eligible entities generate through monetization of such commodity, bears to (B) the cost to the Federal Government to procure and ship the commodity to the country where it is monetized. (11) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (c) Program In order to use the food resources of the United States more effectively in support of de- veloping countries, and countries that are emerging democracies that have made commit- ments to introduce or expand free enterprise ele- ments in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector in- volvement, the Secretary shall enter into agree- ments with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f). (d) Consideration for agreements In determining whether to enter into an agree- ment under this section, the Secretary shall consider whether a potential recipient country is committed to carry out, or is carrying out, policies that promote economic freedom, pri- vate, domestic production of eligible commod- ities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of such eligible commod- ities. Such policies may provide for, among other things— (1) access, on the part of farmers in the country, to private, competitive markets for their product; (2) market pricing of eligible commodities to foster adequate private sector incentives to in- dividual farmers to produce food on a regular basis for the country’s domestic needs; (3) establishment of market-determined for- eign exchange rates; (4) timely availability of production inputs (such as seed, fertilizer, or pesticides) to farm- ers; (5) access to technologies appropriate to the level of agricultural development in the coun- try; and (6) construction of facilities and distribution systems necessary to handle perishable prod- ucts. Page 1012 TITLE 7—AGRICULTURE § 1736o 1 So in original. (e) Funding of eligible commodities (1) The Corporation shall make available to the Secretary such eligible commodities as the Secretary may request for purposes of fur- nishing eligible commodities under this section. (2) Notwithstanding any other provision of law, the Corporation may use funds appro- priated to carry out title I of the Food for Peace Act [7 U.S.C. 1701 et seq.] in carrying out this section with respect to eligible commodities made available under that Act [7 U.S.C. 1691], and subsection (g) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title. (3) The Corporation may finance the sale and exportation of eligible commodities, made avail- able under the Food for Peace Act [7 U.S.C. 1691 et seq.], which are furnished under this section. Payment for eligible commodities made avail- able under that Act which are purchased on credit terms under this section shall be on the same basis as the terms provided in section 103 of that Act [7 U.S.C. 1703]. (4) In the case of eligible commodities made available under the Food for Peace Act for pur- poses of this section, section 406 of that Act [7 U.S.C. 1736] shall apply to eligible commodities furnished on a grant basis under this section and sections 402, 403(a), 403(c), and 403(i) of that Act [7 U.S.C. 1732, 1733(a), (c), (i)] shall apply to all eligible commodities furnished under this sec- tion. (5) NO EFFECT ON DOMESTIC PROGRAMS.—The Secretary shall not make an eligible commodity available for disposition under this section in any amount that will reduce the amount of the eligible commodity that is traditionally made available through donations to domestic feeding programs or agencies, as determined by the Sec- retary. (f) Provision of eligible commodities to devel- oping countries (1) The Corporation may provide for— (A) grants, or (B) sales on credit terms, of eligible commodities made available under section 1431(b) of this title for use in carrying out this section. (2) In carrying out section 1431(b) of this title, the Corporation may purchase eligible commod- ities for use under this section if— (A) the Corporation does not hold stocks of such eligible commodities; or (B) Corporation stocks are insufficient to satisfy commitments made in agreements en- tered into under this section and such eligible commodities are needed to fulfill such com- mitments. (3) No funds of the Corporation in excess of $40,000,000 (exclusive of the cost of eligible com- modities) may be used for each of fiscal years 1996 through 2023 to carry out this section with respect to eligible commodities made available under section 1431(b) of this title unless author- ized in advance in appropriation Acts. (4) The cost of eligible commodities made available under section 1431(b) of this title which are furnished under this section, and the expenses incurred in connection with furnishing such eligible commodities, shall be in addition to the level of assistance programmed under the Food for Peace Act [7 U.S.C. 1691 et seq.] and may not be considered expenditures for inter- national affairs and finance. (5) SALE PROCEDURE.—In making sales of eligi- ble eligible 1 commodities under this section, the Secretary shall follow the sale procedure de- scribed in section 403(l) of the Food for Peace Act [7 U.S.C. 1733(l)]. (g) Minimum tonnage Subject to subsection (f)(3), not less than 400,000 metric tons of eligible commodities shall be provided under this section for the program for each of fiscal years 2002 through 2023. (h) Prohibition on resale or transshipment of eli- gible commodities An agreement entered into under this section shall prohibit the resale or transshipment of the eligible commodities provided under the agree- ment to other countries. (i) Displacement of United States commercial sales In entering into agreements under this sec- tion, the Secretary shall take reasonable steps to avoid displacement of any sales of United States commodities that would otherwise be made to such countries. (j) Multicountry or multiyear basis (1) In general In carrying out this section, the Secretary, on request and subject to the availability of eligible commodities, is encouraged to approve agreements that provide for eligible commod- ities to be made available for distribution or sale by the recipient on a multicountry or multiyear basis if the agreements otherwise meet the requirements of this section. (2) Deadline for program announcements Before the beginning of any fiscal year, the Secretary shall, to the maximum extent prac- ticable— (A) make all determinations concerning program agreements and resource requests for programs under this section; and (B) announce those determinations. (3) Report Not later than April 1 of each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate— (A) a list of programs, countries, and eligi- ble commodities, and the total amount of funds for transportation and administrative costs, approved during the prior fiscal year under this section; (B) a description of the actual rate of re- turn for each commodity made available under this section for the previous fiscal year including— (i) factors that influenced the rate of re- turn; and (ii) with respect to the commodity, the costs of bagging or further processing, Page 1013 TITLE 7—AGRICULTURE § 1736o ocean transportation, inland transpor- tation, storage costs, and any other infor- mation that the Secretary determines to be necessary; and (C) for each instance in which a com- modity was made available under this sec- tion at a rate of return less than 70 percent, an explanation for the rate of return real- ized. (k) Effective and termination dates This section shall be effective during the pe- riod beginning October 1, 1985, and ending De- cember 31, 2023. (l) Administrative expenses (1) To enhance the development of private sec- tor agriculture in countries receiving assistance under this section the Secretary may, in each of the fiscal years 1996 through 2023, use in addition to any amounts or eligible commodities other- wise made available under this section for such activities, not to exceed $15,000,000 (or, in the case of fiscal year 1999, $12,000,000) of Corpora- tion funds (or eligible commodities of an equal value owned by the Corporation), to provide as- sistance in the administration, sale, and moni- toring of food assistance programs, and to pro- vide technical assistance for monetization pro- grams, to strengthen private sector agriculture in recipient countries. (2) To carry out this subsection, the Secretary may provide eligible commodities under agree- ments entered into under this section in a man- ner that uses the commodity transaction as a means of developing in the recipient countries a competitive private sector that can provide for the importation, transportation, storage, mar- keting and distribution of such eligible com- modities. (3) The Secretary may use the assistance pro- vided under this subsection and proceeds derived from the sale of eligible commodities under paragraph (2) to design, monitor, and administer activities undertaken with such assistance, for the purpose of strengthening or creating the ca- pacity of recipient country private enterprises to undertake commercial transactions, with the overall goal of increasing potential markets for United States agricultural eligible commodities. (4) HUMANITARIAN OR DEVELOPMENT PUR- POSES.—The Secretary may authorize the use of proceeds to pay the costs incurred by an eligible entity under this section for— (A)(i) programs targeted at hunger and mal- nutrition; or (ii) development programs involving food se- curity; (B) transportation, storage, and distribution of eligible commodities provided under this section; and (C) administration, sales, monitoring, and technical assistance. (m) Secretarial approval In carrying out this section, the Secretary shall approve, as determined appropriate by the Secretary, agreements with agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and coopera- tives that provide for— (1) the sale of eligible commodities, includ- ing the marketing of eligible commodities through the private sector; and (2) the use of the proceeds generated in the humanitarian and development programs of such agricultural trade organizations, inter- governmental organizations, private vol- untary organizations, and cooperatives. (n) Program management (1) In general The Secretary shall ensure, to the maximum extent practicable, that each eligible entity participating in 1 or more programs under this section— (A) uses eligible commodities made avail- able under this section— (i) in an effective manner; (ii) in the areas of greatest need; and (iii) in a manner that promotes the pur- poses of this section; (B) in using eligible commodities, assesses and takes into account the needs of recipi- ent countries and the target populations of the recipient countries; (C) works with recipient countries, and in- digenous institutions or groups in recipient countries, to design and carry out mutually acceptable programs authorized under this section; and (D) monitors and reports on the distribu- tion or sale of eligible commodities provided under this section using methods that, as de- termined by the Secretary, facilitate accu- rate and timely reporting. (2) Requirements (A) In general Not later than 270 days after May 13, 2002, the Secretary shall review and, as necessary, make changes in regulations and internal procedures designed to streamline, improve, and clarify the application, approval, and implementation processes pertaining to agreements under this section. (B) Considerations In conducting the review, the Secretary shall consider— (i) revising procedures for submitting proposals; (ii) developing criteria for program ap- proval that separately address the objec- tives of the program; (iii) pre-screening organizations and pro- posals to ensure that the minimum quali- fications are met; (iv) implementing e-government initia- tives and otherwise improving the effi- ciency of the proposal submission and ap- proval processes; (v) upgrading information management systems; (vi) improving commodity and transpor- tation procurement processes; and (vii) ensuring that evaluation and moni- toring methods are sufficient. (C) Consultations Not later than 1 year after May 13, 2002, the Secretary shall consult with the Com- Page 1014 TITLE 7—AGRICULTURE § 1736o mittee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Sen- ate on changes made in regulations and pro- cedures. (3) Reports Each eligible entity that enters into an agreement under this section shall submit to the Secretary, at such time as the Secretary may request, a report containing such infor- mation as the Secretary may request relating to the use of eligible commodities and funds furnished to the eligible entity under this sec- tion. (o) Private voluntary organizations and other private entities In entering into agreements described in sub- section (c), the Secretary— (1) shall enter into agreements with eligible entities described in subparagraphs (C) and (G) of subsection (b)(5); and (2) shall not discriminate against such eligi- ble entities. (p) Pilot agreements (1) In general For each of fiscal years 2019 through 2023, subject to the availability of appropriations pursuant to the authorization in paragraph (3), the Secretary shall enter into 1 or more pilot agreements with 1 or more eligible entities through which the Secretary shall provide fi- nancial assistance to the eligible entities to carry out activities consistent with subsection (l)(4)(A). (2) Report required In each of fiscal years 2020 through 2024, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing, with respect to the previous fiscal year— (A) the amount provided to eligible enti- ties under each pilot agreement pursuant to paragraph (1) and how the funds were used; (B) the activities carried out under each pilot agreement; (C) the number of direct and indirect bene- ficiaries of those activities; and (D) the effectiveness of the pilot agree- ments, including as applicable the impact on food security and agricultural productivity. (3) Authorization of appropriations There is authorized to be appropriated to carry out pilot agreements pursuant to this subsection $10,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985, 99 Stat. 1472; Pub. L. 100–418, title IV, § 4303, Aug. 23, 1988, 102 Stat. 1397; Pub. L. 101–624, title XV, §§ 1516, 1572(1), Nov. 28, 1990, 104 Stat. 3663, 3702; Pub. L. 102–237, title III, § 335, Dec. 13, 1991, 105 Stat. 1859; Pub. L. 102–511, title VII, § 701, Oct. 24, 1992, 106 Stat. 3348; Pub. L. 104–127, title II, §§ 227, 265(b), Apr. 4, 1996, 110 Stat. 962, 974; Pub. L. 105–277, div. A, § 101(a) [title XI, § 1125], Oct. 21, 1998, 112 Stat. 2681, 2681–45; Pub. L. 107–171, title III, §§ 3009(b)(2), 3106, May 13, 2002, 116 Stat. 283, 291; Pub. L. 108–7, div. A, title VII, § 745, Feb. 20, 2003, 117 Stat. 44; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(F), 3014(b)(2), 3105, June 18, 2008, 122 Stat. 1820, 1826, 1833; Pub. L. 113–79, title III, § 3201, Feb. 7, 2014, 128 Stat. 779; Pub. L. 115–334, title III, § 3302, Dec. 20, 2018, 132 Stat. 4617.) Editorial Notes REFERENCES IN TEXT The Food for Peace Act, referred to in subsecs. (e) and (f)(4), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to this chapter (§ 1691 et seq.). Title I of the Act is classified to subchapter II (§ 1701 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1691 of this title and Tables. CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Food for Peace Act which comprises this chapter. AMENDMENTS 2018—Pub. L. 115–334, § 3302(1), substituted ‘‘Sec- retary’’ for ‘‘President’’ wherever appearing, except in subsecs. (f)(5) and (l)(4). Subsec. (b)(5)(F), (G). Pub. L. 115–334, § 3302(2)(A), added subpar. (F) and redesignated former subpar. (F) as (G). Subsec. (b)(10), (11). Pub. L. 115–334, § 3302(2)(B), added pars. (10) and (11). Subsec. (f)(3). Pub. L. 115–334, § 3302(3), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (g). Pub. L. 115–334, § 3302(4), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (j)(3). Pub. L. 115–334, § 3302(5), substituted ‘‘April 1’’ for ‘‘December 1’’, inserted dash after ‘‘the Senate’’ and subpar. (A) designation before ‘‘a list’’, substituted ‘‘approved during the prior fiscal year’’ for ‘‘approved to date for the fiscal year’’, and added sub- pars. (B) and (C). Subsec. (k). Pub. L. 115–334, § 3302(6), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (l)(1). Pub. L. 115–334, § 3302(7), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (m). Pub. L. 115–334, § 3302(8), substituted ‘‘Secretarial’’ for ‘‘Presidential’’ in heading. Subsec. (o). Pub. L. 115–334, § 3302(9), struck out ‘‘(act- ing through the Secretary)’’ before dash at end of intro- ductory provisions. Subsec. (o)(1). Pub. L. 115–334, § 3302(10), substituted ‘‘subparagraphs (C) and (G)’’ for ‘‘subparagraphs (C) and (F)’’. Subsec. (p). Pub. L. 115–334, § 3302(11), added subsec. (p). 2014—Subsec. (f)(3). Pub. L. 113–79, § 3201(a)(1), sub- stituted ‘‘2018’’ for ‘‘2012’’. Subsec. (f)(6). Pub. L. 113–79, § 3201(b), struck out par. (6) which related to approval of project for Malawi dur- ing fiscal year 2009. Subsecs. (g), (k), (l)(1). Pub. L. 113–79, § 3201(a)(2)–(4), substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (b). Pub. L. 110–246, § 3001(b)(1)(A), (2)(F), substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’ wher- ever appearing. Subsec. (e)(1). Pub. L. 110–246, § 3014(b)(2), struck out ‘‘determined to be available under section 401 of the Agricultural Trade Development and Assistance Act of 1954’’ after ‘‘such eligible commodities’’. Subsec. (e)(2) to (4). Pub. L. 110–246, § 3001(b)(1)(A), (2)(F), substituted ‘‘Food for Peace Act’’ for ‘‘Agricul- tural Trade Development and Assistance Act of 1954’’. Subsec. (f)(3). Pub. L. 110–246, § 3105(a), substituted ‘‘2012’’ for ‘‘2007’’. Page 1015 TITLE 7—AGRICULTURE § 1736o Subsec. (f)(4), (5). Pub. L. 110–246, § 3001(b)(1)(A), (2)(F), substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. Subsec. (f)(6). Pub. L. 110–246, § 3105(b), added par. (6). Subsecs. (g), (k), (l)(1). Pub. L. 110–246, § 3105(a), sub- stituted ‘‘2012’’ for ‘‘2007’’. 2003—Subsecs. (c), (g). Pub. L. 108–7, § 745(1), sub- stituted ‘‘shall’’ for ‘‘may’’. Subsec. (o). Pub. L. 108–7, § 745(2), added subsec. (o). 2002—Subsecs. (b), (c). Pub. L. 107–171, § 3106(b)(1), added heading and text of subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as fol- lows: ‘‘(b) In order to use the food resources of the United States more effectively in support of developing coun- tries, and countries that are emerging democracies, that have made commitments to introduce or expand free enterprise elements in their agricultural econo- mies through changes in commodity pricing, mar- keting, input availability, distribution, and private sector involvement, the President is authorized to enter into agreements with the governments of such countries (including the independent states of the former Soviet Union), or with private voluntary organi- zations, nonprofit agricultural organizations, coopera- tives, intergovernmental organizations, or other pri- vate entities, to furnish commodities made available pursuant to subsections (e) and (f) of this section. Such agreements may provide for commodities to be fur- nished on a multiyear basis. ‘‘(c) As used in this section, the term ‘commodities’ means agricultural commodities and the products thereof.’’ Subsec. (d). Pub. L. 107–171, § 3106(b)(2)(A), (D), (c), in- serted heading, in introductory provisions struck out ‘‘food’’ after ‘‘domestic production of’’ and substituted ‘‘eligible commodities’’ for ‘‘commodities’’ in two places, and in par. (2) substituted ‘‘eligible commod- ities’’ for ‘‘commodities’’. Subsec. (e). Pub. L. 107–171, § 3106(b)(2)(D), (E), (d), in- serted heading, substituted ‘‘eligible commodities’’ for ‘‘commodities’’ and ‘‘Corporation’’ for ‘‘Commodity Credit Corporation’’ wherever appearing, inserted ‘‘, and subsection (g) does not apply to eligible com- modities furnished on a grant basis or on credit terms under that title’’ before period at end of par. (2), and added par. (5). Subsec. (f). Pub. L. 107–171, § 3106(b)(2)(D), (E), (e)(1), inserted heading and substituted ‘‘eligible commod- ities’’ for ‘‘commodities’’ and ‘‘Corporation’’ for ‘‘Com- modity Credit Corporation’’ wherever appearing. Subsec. (f)(3). Pub. L. 107–171, § 3106(a), (b)(2)(D), (E), substituted ‘‘Corporation’’ for ‘‘Commodity Credit Cor- poration’’, ‘‘eligible commodities’’ for ‘‘commodities’’ in two places, and ‘‘2007’’ for ‘‘2002’’. Pub. L. 107–171, § 3106(e)(2), which directed substi- tution of ‘‘$40,000,000’’ for ‘‘$30,000,000 (or in the case of fiscal year 1999, $35,000,000)’’, was executed by making the substitution for ‘‘$30,000,000 (or, in the case of fiscal year 1999, $35,000,000)’’ to reflect the probable intent of Congress. Subsec. (f)(5). Pub. L. 107–171, § 3009(b)(2), added par. (5). Subsec. (g). Pub. L. 107–171, § 3106(f), added subsec. (g) and struck out former subsec. (g) which read as follows: ‘‘Not more than 500,000 metric tons of commodities may be furnished under this section in each of the fis- cal years 1986 through 2002.’’ Subsec. (h). Pub. L. 107–171, § 3106(b)(2)(D), (g), in- serted heading and substituted ‘‘eligible commodities’’ for ‘‘commodities’’. Subsec. (i). Pub. L. 107–171, § 3106(h), inserted heading. Subsec. (j). Pub. L. 107–171, § 3106(b)(2)(D), (i), inserted heading, designated existing provisions as par. (1), in- serted par. (1) heading, struck out ‘‘may’’ after ‘‘the President’’, substituted ‘‘eligible commodities’’ for ‘‘commodities’’ in two places, ‘‘is encouraged to ap- prove’’ for ‘‘approve’’, and ‘‘multicountry or multiyear’’ for ‘‘multiyear’’, and added pars. (2) and (3). Subsec. (k). Pub. L. 107–171, § 3106(a), (j), inserted heading and substituted ‘‘2007’’ for ‘‘2002’’. Subsec. (l). Pub. L. 107–171, § 3106(a), (b)(2)(B), (D), (E), (k), inserted heading, substituted ‘‘eligible commod- ities’’ for ‘‘commodities’’ wherever appearing, in par. (1) substituted ‘‘2007’’ for ‘‘2002’’, ‘‘$15,000,000’’ for ‘‘$10,000,000’’, and ‘‘Corporation’’ for ‘‘Commodity Cred- it Corporation’’ after ‘‘$12,000,000) of’’, in par. (2) struck out ‘‘agricultural’’ after ‘‘President may provide’’, in par. (3) substituted ‘‘proceeds’’ for ‘‘local currencies’’, and added par. (4). Subsec. (m). Pub. L. 107–171, § 3106(b)(2)(C), (D), (l), in- serted heading and, in par. (1), substituted ‘‘eligible commodities’’ for ‘‘commodities’’ in two places and struck out ‘‘these’’ after ‘‘marketing of’’. Subsec. (n). Pub. L. 107–171, § 3106(m), added subsec. (n) and struck out former subsec. (n) which read as fol- lows: ‘‘During fiscal year 1999, to the maximum extent practicable, the Secretary shall utilize Private Vol- untary Organizations to carry out this section.’’ Subsec. (o). Pub. L. 107–171, § 3106(b)(2)(F), struck out subsec. (o) which read as follows: ‘‘As used in this sec- tion, the term ‘independent states of the former Soviet Union’ means the independent states of the former So- viet Union as defined in section 5602(8) of this title.’’ 1998—Subsec. (f)(3). Pub. L. 105–277, § 101(a) [title XI, § 1125(1)], inserted ‘‘(or, in the case of fiscal year 1999, $35,000,000)’’ after ‘‘$30,000,000’’. Subsec. (l)(1). Pub. L. 105–277, § 101(a) [title XI, § 1125(2)], inserted ‘‘(or, in the case of fiscal year 1999, $12,000,000)’’ after ‘‘$10,000,000’’. Subsecs. (n), (o). Pub. L. 105–277, § 101(a) [title XI, § 1125(3), (4)], added subsec. (n) and redesignated former subsec. (n) as (o). 1996—Subsec. (b). Pub. L. 104–127, § 227(1), struck out ‘‘(1)’’ before ‘‘In order to use’’, inserted ‘‘intergovern- mental organizations,’’ after ‘‘cooperatives,’’, and struck out par. (2) which read as follows: ‘‘The annual tonnage limitation contained in subsection (g) of this section shall not apply with respect to commodities furnished to the independent states of the former So- viet Union during fiscal year 1993.’’ Subsec. (e)(3). Pub. L. 104–127, § 265(b), substituted ‘‘section 103’’ for ‘‘section 106’’. Subsec. (e)(4). Pub. L. 104–127, § 227(2), substituted ‘‘section 406’’ for ‘‘section 203’’. Subsec. (f)(1)(B). Pub. L. 104–127, § 227(3)(A), struck out ‘‘in the case of the independent states of the former Soviet Union,’’ before ‘‘sales on credit terms,’’. Subsec. (f)(2) to (5). Pub. L. 104–127, § 227(3)(B)–(D), in par. (4), inserted ‘‘for each of fiscal years 1996 through 2002’’ after ‘‘may be used’’, redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: ‘‘Not less than 75,000 metric tons shall be made available pursuant to section 1431(b)(10)(C) of this title to carry out this section un- less the President determines there are an insufficient number of eligible recipients.’’ Subsec. (g). Pub. L. 104–127, § 227(4), substituted ‘‘2002’’ for ‘‘1995’’. Subsec. (j). Pub. L. 104–127, § 227(5), substituted ‘‘may’’ for ‘‘shall’’. Subsec. (k). Pub. L. 104–127, § 227(6), substituted ‘‘2002’’ for ‘‘1995’’. Subsec. (l)(1). Pub. L. 104–127, § 227(7), substituted ‘‘1996 through 2002’’ for ‘‘1991 through 1995’’ and inserted ‘‘, and to provide technical assistance for monetization programs,’’ after ‘‘monitoring of food assistance pro- grams’’. Subsec. (m). Pub. L. 104–127, § 227(8), in introductory provisions, struck out ‘‘with respect to the independent states of the former Soviet Union’’ after ‘‘this section’’ and substituted ‘‘agricultural trade organizations, intergovernmental organizations, private voluntary or- ganizations, and cooperatives’’ for ‘‘private voluntary organizations and cooperatives’’, and in par. (2), struck out ‘‘in the independent states’’ after ‘‘the use’’ and substituted ‘‘agricultural trade organizations, inter- governmental organizations, private voluntary organi- zations, and cooperatives’’ for ‘‘private voluntary orga- nizations and cooperatives’’. 1992—Subsec. (b). Pub. L. 102–511, § 701(1), designated existing provisions as par. (1), inserted ‘‘(including the Page 1016 TITLE 7—AGRICULTURE § 1736o–1 independent states of the former Soviet Union)’’ after ‘‘such countries’’, substituted ‘‘cooperatives, or other private entities’’ for ‘‘or cooperatives’’, and added par. (2). Subsec. (f)(1). Pub. L. 102–511, § 701(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Commodities made available under section 1431(b) of this title for use in carrying out this section shall be provided on a grant basis.’’ Subsecs. (m) and (n). Pub. L. 102–511, § 701(3), added subsecs. (m) and (n). 1991—Subsec. (k). Pub. L. 102–237, § 335(1), (3), redesig- nated subsec. (l) as (k) and struck out ‘‘September 30,’’ before ‘‘December 31’’. Subsecs. (l), (m). Pub. L. 102–237, § 335(2), (3), redesig- nated subsec. (m) as (l) and substituted ‘‘this section’’ for ‘‘this Act’’ wherever appearing. 1990—Subsec. (b). Pub. L. 101–624, § 1516(1), substituted ‘‘developing countries, and countries that are emerging democracies, that’’ for ‘‘countries that’’, and ‘‘the gov- ernments of such countries, or with private voluntary organizations, nonprofit agricultural organizations, or cooperatives,’’ for ‘‘developing countries’’. Subsec. (d). Pub. L. 101–624, § 1516(2), struck out ‘‘with countries’’ before ‘‘under this section’’ in introductory provisions. Subsec. (e)(3). Pub. L. 101–624, § 1516(3), struck out ‘‘to a developing country’’ before ‘‘under this section’’, and ‘‘by a developing country’’ before ‘‘for commodities’’. Subsec. (e)(4). Pub. L. 101–624, § 1516(4), struck out ‘‘to a developing country’’ before ‘‘under this section’’ in two places, and substituted ‘‘sections 402, 403(a), 403(c), and 403(i)’’ for ‘‘section 401(b)’’. Subsec. (f)(1). Pub. L. 101–624, § 1516(5), struck out ‘‘to developing countries’’ before ‘‘on a grant basis’’. Subsec. (g). Pub. L. 101–624, § 1516(6), substituted ‘‘1995’’ for ‘‘1990’’. Subsec. (j). Pub. L. 101–624, § 1572(1), redesignated sub- sec. (k) as (j) and struck out former subsec. (j) which read as follows: ‘‘Within 90 days after the end of each fiscal year in which an agreement under this section is in effect with respect to a country, the President shall report to the House of Representatives and the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate on the status of such agreement and the progress being made to implement private, free enter- prise agricultural policies for long-term agricultural development in such country.’’ Pub. L. 101–624, § 1516(7), struck out ‘‘entered into with a country’’ before ‘‘under this section’’, and in- serted ‘‘with respect to a country’’ after ‘‘effect’’. Subsec. (k). Pub. L. 101–624, § 1572(1)(B), redesignated subsec. (k) as (j). Pub. L. 101–624, § 1516(8), substituted ‘‘the recipient’’ for ‘‘recipient countries’’. Subsec. (l). Pub. L. 101–624, § 1516(9), substituted ‘‘De- cember 31, 1995’’ for ‘‘1990’’. Subsec. (m). Pub. L. 101–624, § 1516(10), added subsec. (m). 1988—Subsecs. (k), (l). Pub. L. 100–418 added subsec. (k) and redesignated former subsec. (k) as (l). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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. Executive Documents EXECUTIVE ORDER NO. 12583 Ex. Ord. No. 12583, Feb. 19, 1987, 52 F.R. 5427, which re- lated to the delegation of functions relating to entering into agreements with developing countries and waiving minimum tonnage requirements, was revoked by sec- tion 6 of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title. § 1736o–1. McGovern-Dole International Food for Education and Child Nutrition Program (a) Definition of agricultural commodity In this section, the term ‘‘agricultural com- modity’’ means an agricultural commodity, or a product of an agricultural commodity, that— (1) is produced in the United States; or (2)(A) is produced in and procured from— (i) a developing country that is a recipient country; or (ii) a developing country in the same re- gion as a recipient country; and (B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary. (b) Program Subject to subsection (l), the Secretary may establish a program, to be known as ‘‘McGovern- Dole International Food for Education and Child Nutrition Program’’, requiring the procurement of agricultural commodities and the provision of financial and technical assistance to carry out— (1) preschool and school food for education programs in foreign countries to improve food security, reduce the incidence of hunger, and improve literacy and primary education, par- ticularly with respect to girls; and (2) maternal, infant, and child nutrition pro- grams for pregnant women, nursing mothers, infants, and children who are 5 years of age or younger. (c) Eligible commodities and cost items Notwithstanding any other provision of law— (1) any agricultural commodity is eligible to be provided under this section; (2) as necessary to achieve the purposes of this section, funds appropriated under this section may be used to pay— (A)(i) the cost of acquiring agricultural commodities; (ii) the costs associated with packaging, enrichment, preservation, and fortification of agricultural commodities; (iii) the processing, transportation, han- dling, and other incidental costs up to the time of the delivery of agricultural commod- ities free on board vessels in United States ports; (iv) the vessel freight charges from United States ports or designated Canadian trans- shipment ports, as determined by the Sec- retary, to designated ports of entry abroad; (v) the costs associated with transporting agricultural commodities from United States ports to designated points of entry abroad in the case— (I) of landlocked countries; (II) of ports that cannot be used effec- tively because of natural or other disturb- ances; (III) of the unavailability of carriers to a specific country; or (IV) of substantial savings in costs or time that may be effected by the utiliza- tion of points of entry other than ports;