
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1691]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
Sec. 1691. United States policy

    It is the policy of the United States to use its abundant 
agricultural productivity to promote the foreign policy of the United 
States by enhancing the food security of the developing world through 
the use of agricultural commodities and local currencies accruing under 
this chapter to--
        (1) combat world hunger and malnutrition and their causes;
        (2) promote broad-based, equitable, and sustainable development, 
    including agricultural development;
        (3) expand international trade;
        (4) develop and expand export markets for United States 
    agricultural commodities; and
        (5) foster and encourage the development of private enterprise 
    and democratic participation in developing countries.

(July 10, 1954, ch. 469, Sec. 2, 68 Stat. 454; Pub. L. 89-808, 
Sec. 2(A), Nov. 11, 1966, 80 Stat. 1526; Pub. L. 94-161, title II, 
Sec. 201, Dec. 20, 1975, 89 Stat. 850; Pub. L. 99-198, title XI, 
Sec. 1111(a), Dec. 23, 1985, 99 Stat. 1474; Pub. L. 101-624, title XV, 
Sec. 1512, Nov. 28, 1990, 104 Stat. 3633.)


                               Amendments

    1990--Pub. L. 101-624 amended section generally, substituting 
present provisions for provisions declaring policy of United States to 
expand trade, develop export markets, encourage economic development and 
private enterprise in developing countries, improve local food 
production and promote foreign policy, and requiring President to give 
priority to countries most affected by food shortages, encourage other 
donors, link assistance to local agricultural and related development, 
seek expanded markets for American commodities, and recognize and 
support American farm economy.
    1985--Pub. L. 99-198 included Congressional declaration of policy to 
use accrued foreign currencies to foster and encourage the development 
of private enterprise in developing countries and to enhance food 
security in developing countries through local food production in first 
sentence.
    1975--Pub. L. 94-161 inserted provisions of second sentence, 
including cls. (1) to (5), respecting considerations in furnishing food 
aid under this chapter.
    1966--Pub. L. 89-808 restated the Congressional declaration of 
policy to include the use of the abundant agricultural productivity of 
the United States to combat hunger and malnutrition and the emphasis on 
assistance to those developing countries that are determined to improve 
their own agricultural production and to exclude statement of a policy 
to facilitate the convertibility of currency, to make maximum efficient 
use of surplus agricultural commodities in furtherance of the foreign 
policy of the United States, to purchase strategic materials, to pay 
United States obligations abroad, and to promote collective strength.


                    Effective Date of 1990 Amendment

    Section 1513 of Pub. L. 101-624 provided that: ``The amendment made 
by section 1512 [enacting sections 1736g-1 and 1737 to 1738m of this 
title, amending this section and sections 1691a, 1701 to 1705, 1721 to 
1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f, and 1736g of this 
title, and enacting provisions set out as a note under this section] 
shall become effective on January 1, 1991.''


                    Effective Date of 1966 Amendment

    Section 5 of Pub. L. 89-808 provided that: ``This Act [enacting 
sections 1707a, 1710, 1725, and 1736a to 1736d of this title, amending 
this section and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705, 
1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of this title, 
repealing sections 1693 to 1697 of this title, and amending provisions 
set out as a note under section 1701 of this title] shall take effect as 
of January 1, 1967, except that section 4 [enacting section 1707a of 
this title] shall take effect upon enactment [Nov. 11, 1966].''


                      Short Title of 1998 Amendment

    Pub. L. 105-385, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3460, provided 
that: ``This Act [amending sections 1736f-1 and 4001 of this title and 
section 1241f of Title 46, Appendix, Shipping, enacting provisions set 
out as notes under this section, section 1721 of this title, and section 
2293 of Title 22, Foreign Relations and Intercourse, and amending 
provisions set out as a note under section 1736f-1 of this title] may be 
cited as the `Africa: Seeds of Hope Act of 1998'.''
    Pub. L. 105-385, title II, Sec. 211, Nov. 13, 1998, 112 Stat. 3465, 
provided that: ``This subtitle [subtitle B (Secs. 211, 212) of title II 
of Pub. L. 105-385, amending sections 1736f-1 and 4001 of this title and 
section 1241f of Title 46, Appendix, Shipping, and amending provisions 
set out as a note under section 1736f-1 of this title] may be cited as 
the `Bill Emerson Humanitarian Trust Act of 1998'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-532, Sec. 1, Oct. 27, 1992, 106 Stat. 3509, provided 
that: ``This Act [enacting sections 1738o to 1738r, 3294, and 5404 of 
this title and amending section 1738m of this title] may be cited as the 
`Enterprise for the Americas Initiative Act of 1992'.''
    Pub. L. 102-532, Sec. 2, Oct. 27, 1992, 106 Stat. 3509, which 
enacted sections 1738o to 1738r of this title, is popularly known as the 
``Good Neighbor Environmental Act of 1992''.


                      Short Title of 1990 Amendment

    Section 1501 of title XV of Pub. L. 101-624 provided that: ``This 
title [see Tables for classification] may be cited as the `Agricultural 
Development and Trade Act of 1990'.''
    Section 1511 of Pub. L. 101-624 provided that: ``This subtitle 
[subtitle A (Secs. 1511-1517) of title XV of Pub. L. 101-624, enacting 
sections 1706, 1736g-1 and 1737 to 1738m of this title and sections 
1241g to 1241v of Appendix to Title 46, Shipping, amending this section 
and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 
1731 to 1736g, 1736o, 1736bb-6 of this title, and section 1241f of 
Appendix to Title 46, and enacting provisions set out as notes under 
this section] may be cited as the `Mickey Leland Food for Peace Act'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-576, Sec. 1, Oct. 31, 1988, 102 Stat. 2897, provided 
that: ``This Act [amending section 1727 of this title and enacting 
provisions set out as a note under section 1727 of this title] may be 
cited as the `Bangladesh Disaster Assistance Act of 1988'.''


                      Short Title of 1987 Amendment

    Pub. L. 100-202, Sec. 16, as added by Pub. L. 100-418, title IV, 
Sec. 4610(a), Aug. 23, 1988, 102 Stat. 1411, provided that sections 1 to 
16 under the heading ``Agricultural Aid and Trade Missions Act'' of Pub. 
L. 100-202, which enacted sections 1726b and 1736bb to 1736bb-6 of this 
title, and amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of 
this title, was to be cited as the ``Agricultural Aid and Trade Missions 
Act'', prior to repeal by Pub. L. 104-127, title II, Sec. 271(a), Apr. 
4, 1996, 110 Stat. 976.


                      Short Title of 1980 Amendment

    For short title of title III of Pub. L. 96-494, which enacted 
section 1736f-1 of this title, as the ``Bill Emerson Humanitarian Trust 
Act'', see section 301 of Pub. L. 96-494, as added and amended, set out 
as a Short Title note under section 1736f-1 of this title.


                      Short Title of 1966 Amendment

    Section 1 of Pub. L. 89-808 provided: ``That this Act [enacting 
sections 1707a, 1710, 1725, and 1736a to 1736d, amending this section 
and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705, 1707, 1708, 1709, 
1721 to 1724, and 1731 to 1736, repealing sections 1693 to 1697 of this 
title, and amending provisions set out as a note under section 1701 of 
this title] may be cited as the `Food for Peace Act of 1966'.''


                               Short Title

    Section 1 of act July 10, 1954, as amended by act Nov. 28, 1990, 
Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3633, provided that: 
``This Act [enacting this chapter] may be cited as the `Agricultural 
Trade Development and Assistance Act of 1954'.''


                    Minimum Level of Food Assistance

    Pub. L. 100-418, title IV, Sec. 4310, Aug. 23, 1988, 102 Stat. 1399, 
provided that:
    ``(a) Annual Minimum.--It is the sense of Congress that--
        ``(1) the United States should maintain its historic proportion 
    of food assistance constituting one-third of all United States 
    foreign economic assistance; and
        ``(2) accordingly, the total amount of food assistance made 
    available to foreign countries under the Agricultural Trade 
    Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) and 
    section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) 
    should not be less than one-third of the total amount of foreign 
    economic assistance provided for each fiscal year.
    ``(b) Definition.--For purposes of this section, the term `foreign 
economic assistance' includes--
        ``(1) assistance under chapter 1 of part I of the Foreign 
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural 
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et 
    seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
    1431(b)), or any other law authorizing economic assistance for 
    foreign countries; and
        ``(2) United States contributions to the International Bank for 
    Reconstruction and Development, the International Development 
    Association, the Inter-American Development Bank, the Asian 
    Development Bank, the African Development Bank, or any other 
    multilateral development bank.''


                     Food Aid and Market Development

    Pub. L. 100-418, title IV, Sec. 4311, Aug. 23, 1988, 102 Stat. 1400, 
which declared it to be the policy of the United States to use food aid 
and agriculturally-related foreign economic assistance programs more 
effectively to develop markets for United States agricultural 
commodities and products, and which directed the President (or, as 
appropriate, the Secretary of Agriculture) to encourage recipient 
countries under food assistance agreements entered into under any 
program administered by the Secretary to agree to give preference to 
United States food and food products in future food purchases, was 
repealed by Pub. L. 101-624, title XV, Sec. 1571, Nov. 28, 1990, 104 
Stat. 3702.


           Agricultural Trade and Export Policy Commission Act

    Subtitle C (Secs. 1217-1224) of title XII of Pub. L. 97-98, as added 
Pub. L. 98-412, Aug. 30, 1984, 98 Stat. 1576, known as the Agricultural 
Trade and Export Policy Commission Act, established a National 
Commission on Agricultural Trade and Export Policy to conduct a study of 
agriculture-related trade and export policies, programs, and practices 
of United States, directed Commission to submit to President and 
Congress a final report and recommendations by July 1, 1986, and 
provided for termination of Commission 60 days thereafter.


                  Use of Nonprice-Supported Commodities

    Pub. L. 95-113, title XII, Sec. 1209, Sept. 29, 1977, 91 Stat. 957, 
provided that: ``It is the sense of Congress that there be no 
discrimination between `price-supported' and `nonprice-supported' 
commodities in the programming of commodities under the Agricultural 
Trade Development and Assistance Act of 1954, as amended (Public Law 
480) [which enacted this chapter and amended sections 1427 and 1431 of 
this title].''


                           Special Task Force

    Pub. L. 95-113, title XII, Sec. 1210, Sept. 29, 1977, 91 Stat. 957, 
required the Secretary of Agriculture, not later than eighteen months 
after Sept. 29, 1977, to appoint a special task force to review and 
report to Congress upon the administration of the Agricultural Trade 
Development and Assistance Act of 1954, 7 U.S.C. 1961 et seq.

                        Executive Order No. 10560

    Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by Ex. 
Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685, Oct. 29, 
1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22 F.R. 3213; Ex. 
Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex. Ord. No. 10773, July 
1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971; 
Ex. Ord. No. 10799, Jan. 16, 1959, 24 F.R. 447; Ex. Ord. No. 10827, June 
25, 1959, 24 F.R. 5233; Ex. Ord. No. 10884, Aug. 17, 1960, 25 F.R. 8019, 
which provided for the delegation of administrative functions, was 
superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly 
set out as a note under this section, and was revoked by section 1-
502(a) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set 
out below.

                        Executive Order No. 10685

    Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated 
the International Cooperation Administration as the Federal agency to 
which funds required for ocean freight costs could be transferred by the 
Commodity Credit Corporation, was superseded by Ex. Ord. No. 10900, Jan. 
5, 1961, 26 F.R. 143, formerly set out as a note under this section, and 
was revoked by section 1-502(b) of Ex. Ord. No. 12220, June 27, 1980, 45 
F.R. 44247, formerly set out below.

                        Executive Order No. 10900

    Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex. 
Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972, Nov. 3, 
1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27 F.R. 6653; Ex. 
Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11963, Jan. 
19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 
43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which related 
to the delegation of administrative functions, was revoked by section 1-
501 of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set 
out below.

                        Executive Order No. 11252

    Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by Ex. 
Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred to the 
Secretary of State all functions of the Director of the Food-For-Peace 
Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

                        Executive Order No. 12220

    Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided for 
delegation of administrative functions relating to agricultural trade 
development, was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25, 
1991, 56 F.R. 8256, set out below.

Ex. Ord. No. 12752. Implementation of Agricultural Trade Development and 
 Assistance Act of 1954, as Amended, and Food for Progress Act of 1985, 
                               as Amended

    Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, as amended by Ex. 
Ord. No. 13044, Apr. 18, 1997, 62 F.R. 19665, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Agricultural 
Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.], as 
amended by Public Law 101-624 (``Agricultural Trade Development Act''), 
the Food for Progress Act of 1985 [7 U.S.C. 1736o], as amended by Public 
Law 101-624 (``Food for Progress Act''), and section 301 of title 3 of 
the United States Code, it is hereby ordered as follows:
    Section 1. Establishment of Programs. There is hereby established:
    (a) a program under title I of the Agricultural Trade Development 
Act [7 U.S.C. 1701 et seq.] to provide for the sale of agricultural 
commodities to developing countries and private entities. Such program 
shall be implemented by the Secretary of Agriculture (hereafter referred 
to as the ``Secretary'').
    (b) a program under title II of the Agricultural Trade Development 
Act [7 U.S.C. 1721 et seq.] to provide for the donation of agricultural 
commodities to foreign countries. Such program shall be implemented by 
the Administrator of the Agency for International Development (hereafter 
referred to as the ``Administrator'').
    (c) a program under title III of the Agricultural Trade Development 
Act [7 U.S.C. 1727 et seq.] to provide for the donation of agricultural 
commodities to least developed countries. Such program shall be 
implemented by the Administrator.
    Sec. 2. International Negotiations and Accounting for Foreign 
Currencies. (a) The Secretary with respect to title I, and the 
Administrator with respect to titles II and III of the Agricultural 
Trade Development Act, shall negotiate and execute agreements under the 
Agricultural Trade Development Act in accord with section 112b of title 
I [sic] of the United States Code and applicable regulations and 
procedures of the Department of State.
    (b)(1) Foreign currencies that accrue to the United States under 
titles I and III of the Agricultural Trade Development Act may be used 
for the purposes set forth in section 104 and section 306 of that Act [7 
U.S.C. 1704, 1727e], respectively, in amounts consistent with applicable 
provisions of law and agreements. Such foreign currencies shall be 
subject to regulations of the Department of the Treasury governing the 
purchase, custody, deposit, transfer, and sale of foreign currencies 
received under the Agricultural Trade Development Act.
    (2) The Director of the Office of Management and Budget (hereafter 
referred to as the ``Director'') shall determine the amount of foreign 
currencies to be used for the purposes of section 104(c)(8) of the 
Agricultural Trade Development Act, and such purposes shall be carried 
out by the agencies with authority to pay the obligations abroad. The 
purposes of the remaining paragraphs of section 104(c) of that Act shall 
be carried out by the Department of Agriculture, utilizing, where 
appropriate, the expertise of other agencies.
    (3) The Secretary and Administrator shall transmit the reports 
required by the provisions of paragraph 5 of the Act of August 13, 1957 
(71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign 
currencies accruing under title I and title III of the Agricultural 
Trade Development Act, respectively.
    Sec. 3. Policy Coordination. (a) To ensure policy coordination of 
assistance provided under the Agricultural Trade Development Act and the 
Food for Progress Act, there is hereby established a Food Assistance 
Policy Council (hereafter referred to as the ``Council'').
    (b) The Council will include senior representatives of the 
Department of Agriculture, the Agency for International Development, the 
Department of State, and the Office of Management and Budget. Meetings 
of the Council shall be called by the Secretary or his designee at the 
request of any senior representative of the Council.
    (c) The Council shall advise the President on appropriate policies 
under the Agricultural Trade Development Act and the Food for Progress 
Act and shall coordinate decisions on allocations and other policy 
issues, as well as prepare the report required by section 407(g)(1) of 
the Agricultural Trade Development Act [7 U.S.C. 1736a(g)(1)].
    (d) As necessary for effective coordination, the Council shall 
provide its advice to the President through the appropriate Cabinet-
level body.
    Sec. 4. Delegation of Responsibilities. (a) The function conferred 
upon the President in section 403(j) of the Agricultural Trade 
Development Act [7 U.S.C. 1733(j)] is hereby delegated to the Secretary 
of State.
    (b) The functions conferred upon the President by section 411 of the 
Agricultural Trade Development Act [7 U.S.C. 1736e] are hereby delegated 
to the Secretary, in consultation with the Council and the Department of 
the Treasury.
    (c) The functions conferred upon the President by section 412(c) of 
the Agricultural Trade Development Act [7 U.S.C. 1736f(c)] are hereby 
delegated to the Director, who shall consult with the Council on these 
functions.
    (d) The functions conferred upon the President by title V of the 
Agricultural Trade Development Act [7 U.S.C. 1737] are hereby delegated 
to the Administrator.
    (e) The functions conferred upon the President by the Food for 
Progress Act, as amended [7 U.S.C. 1736o], are hereby delegated to the 
Secretary.
    Sec. 5. Regulatory Review. Policies, regulations, and analyses 
required by this Executive order shall be fully consistent with the 
standards and criteria, analyses and procedures set forth in Executive 
Order Nos. 12291 and 12498 [formerly 5 U.S.C. 601 notes].
    Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and 
Executive Order No. 12583 of February 19, 1987, are revoked.

                  Section Referred to in Other Sections

    This section is referred to in sections 1701, 1727, 1727b, 1727e of 
this title.
