
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1721]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
        SUBCHAPTER III--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
 
Sec. 1721. General authority

    The President shall establish a program under this subchapter to 
provide agricultural commodities to foreign countries on behalf of the 
people of the United States to--
        (1) address famine or other urgent or extraordinary relief 
    requirements;
        (2) combat malnutrition, especially in children and mothers;
        (3) carry out activities that attempt to alleviate the causes of 
    hunger, mortality and morbidity;
        (4) promote economic and community development;
        (5) promote sound environmental practices; and
        (6) carry out feeding programs.

Such program shall be implemented by the Administrator.

(July 10, 1954, ch. 469, title II, Sec. 201, 68 Stat. 457; May 28, 1956, 
ch. 327, title II, Sec. 208(b), 70 Stat. 201; Aug. 3, 1956, ch. 933, 
Sec. 4, 70 Stat. 988; Pub. L. 89-808, Sec. 2(C), Nov. 11, 1966, 80 Stat. 
1534; Pub. L. 94-161, title II, Sec. 208, Dec. 20, 1975, 89 Stat. 853; 
Pub. L. 95-88, title II, Sec. 206, Aug. 3, 1977, 91 Stat. 547; Pub. L. 
97-113, title IV, Sec. 404, Dec. 29, 1981, 95 Stat. 1538; Pub. L. 99-83, 
title X, Sec. 1002, Aug. 8, 1985, 99 Stat. 270; Pub. L. 99-198, title 
XI, Secs. 1102, 1103, Dec. 23, 1985, 99 Stat. 1465; Pub. L. 101-624, 
title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3636.)


                               Amendments

    1990--Pub. L. 101-624 amended section generally, substituting 
present provisions for provisions requiring President to furnish 
commodities to meet famine, combat malnutrition, promote economic 
development in friendly countries, and for needy persons and school 
lunch and preschool feeding programs, setting minimum quantity for 
distribution, requiring use of certain distribution networks, requiring 
President to consider benefits of distributing processed and protein-
fortified foods, nutritional needs of recipients, cost effectiveness of 
particular commodities, and purposes of this subchapter, requiring that 
75 percent of commodities distributed be in form of processed or 
fortified products or bagged commodities, and authorizing waiver of such 
75 percent requirement.
    1985--Subsec. (b). Pub. L. 99-198, Sec. 1102, amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``The 
minimum quantity of agricultural commodities distributed under this 
subchapter--
        ``(1) for fiscal years 1978 through 1980 shall be 1,600,000 
    metric tons, of which not less than 1,300,000 metric tons shall be 
    distributed through nonprofit voluntary agencies and the World Food 
    Program;
        ``(2) for fiscal year 1981 shall be 1,650,000 metric tons, of 
    which not less than 1,350,000 metric tons shall be distributed 
    through nonprofit voluntary agencies and the World Food Program; and
        ``(3) for fiscal year 1982 and each fiscal year thereafter shall 
    be 1,700,000 metric tons, of which not less than 1,200,000 metric 
    tons for nonemergency programs shall be distributed through 
    nonprofit voluntary agencies and the World Food Program, except that 
    for fiscal year 1986 the minimum quantity distributed shall be 
    1,800,000 metric tons, of which not less than 1,300,000 metric tons 
    for nonemergency programs shall be distributed through nonprofit 
    voluntary agencies and the World Food Program, and for fiscal year 
    1987 the minimum quantity distributed shall be 1,900,000 metric 
    tons, of which not less than 1,425,000 metric tons for nonemergency 
    programs shall be distributed through nonprofit voluntary agencies 
    and the World Food Program;
unless the President determines and reports to the Congress, together 
with his reasons, that such quantity cannot be used effectively to carry 
out the purposes of this subchapter: Provided, That such minimum 
quantity shall not exceed the total quantity of commodities determined 
to be available for disposition under this chapter pursuant to section 
1731 of this title, less the quantity of commodities required to meet 
famine or other urgent or extraordinary relief requirements.''
    Pub. L. 99-83 inserted provisions relating to minimum quantities for 
fiscal years 1986 and 1987.
    Subsec. (c). Pub. L. 99-198, Sec. 1103, added subsec. (c).
    1981--Subsec. (b)(3). Pub. L. 97-113 substituted ``1,200,000 metric 
tons for nonemergency programs'' for ``1,400,000 metric tons''.
    1977--Subsec. (b). Pub. L. 95-88 substituted provisions increasing 
and setting specific minimums for commodities to be distributed for 
fiscal years 1978 through 1980, for 1981, and for fiscal year 1982 and 
each fiscal year thereafter, for provisions which had set a fixed 
minimum of 1,300,000 tons of agricultural commodities each fiscal year, 
of which the minimum to be distributed through nonprofit voluntary 
agencies and the World Food Program was 1,000,000 tons each fiscal year.
    1975--Pub. L. 94-161 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1966--Pub. L. 89-808 expanded scope of assistance to include 
emergency relief without regard to recipient being a friendly people, 
combating malnutrition in children, promotion of economic and community 
development in friendly developing areas, and for nonprofit school lunch 
and preschool feeding programs outside the United States and to be 
furnished from available commodities rather than surplus agricultural 
commodities.
    1956--Act Aug. 3, 1956, inserted ``or extraordinary'' after 
``urgent'' wherever appearing.
    Act May 28, 1956, struck out ``f.o.b. vessels in United States 
ports,'' before ``as he may request''.


                    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 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of Title 22, 
Foreign Relations and Intercourse.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section 215 
of Pub. L. 95-88, set out as a note under section 1702 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.


                  Nonemergency Food Assistance Programs

    Pub. L. 105-385, title II, Sec. 201, Nov. 13, 1998, 112 Stat. 3465, 
provided that:
    ``(a) In General.--In providing nonemergency assistance under title 
II of the Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1721 et seq.), the Administrator of the United States Agency for 
International Development shall ensure that--
        ``(1) in planning, decisionmaking, and implementation in 
    providing such assistance, the Administrator takes into 
    consideration local input and participation directly and through 
    United States and indigenous private and voluntary organizations;
        ``(2) each of the nonemergency activities described in 
    paragraphs (2) through (6) of section 201 of such Act (7 U.S.C. 
    1721), including programs that provide assistance to people of any 
    age group who are otherwise unable to meet their basic food needs 
    (including feeding programs for the disabled, orphaned, elderly, 
    sick and dying), are carried out; and
        ``(3) greater flexibility is provided for program and evaluation 
    plans so that such assistance may be developed to meet local needs, 
    as provided for in section 202(f) of such Act (7 U.S.C. 1722(f)).
    ``(b) Other Requirements.--In providing assistance under the 
Agriculture Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 
et seq.], the Secretary of Agriculture and the Administrator of United 
States Agency for International Development shall ensure that 
commodities are provided in a manner that is consistent with sections 
403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)).''


 Authorization for Commodity Credit Corporation To Purchase and Donate 
                           Flour and Cornmeal

    Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635, as authorizing 
Commodity Credit Corporation to purchase and donate flour and cornmeal 
when it has wheat or corn available for donation pursuant to this 
subchapter, see note set out under section 1431 of this title.


                        Implementation of Program

    Program under this subchapter to provide for donation of 
agricultural commodities to foreign countries to be implemented by 
Administrator of the Agency for International Development, see Ex. Ord. 
No. 12752, Sec. 1(b), Feb. 25, 1991, 56 F.R. 8255, set out as a note 
under section 1691 of this title.
