
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: 7USC1733]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
           SUBCHAPTER IV--GENERAL AUTHORITIES AND REQUIREMENTS
 
Sec. 1733. General provisions


(a) Prohibition

    No agricultural commodity shall be made available under this chapter 
unless it is determined that--
        (1) adequate storage facilities will be available in the 
    recipient country at the time of the arrival of the commodity to 
    prevent the spoilage or waste of the commodity; and
        (2) the distribution of the commodity in the recipient country 
    will not result in a substantial disincentive to or interference 
    with domestic production or marketing in that country.

(b) Impact on local farmers and economy

    The Secretary or the Administrator, as appropriate, shall ensure 
that the importation of United States agricultural commodities and the 
use of local currencies for development purposes will not have a 
disruptive impact on the farmers or the local economy of the recipient 
country.

(c) Transshipment

    The Secretary or the Administrator, as appropriate, shall, under 
such terms and conditions as are determined to be appropriate, require 
commitments designed to prevent or restrict the resale or transshipment 
to other countries, or use for other than domestic purposes, of 
agricultural commodities donated or purchased under this chapter.

(d) Private trade channels and small business

    Private trade channels shall be used under this chapter to the 
maximum extent practicable in the United States and in the recipient 
countries with respect to--
        (1) sales from privately owned stocks;
        (2) sales from stocks owned by the Commodity Credit Corporation; 
    and
        (3) donations.

Small businesses shall be provided adequate and fair opportunity to 
participate in such sales.

(e) World prices

    In carrying out this chapter, reasonable precautions shall be taken 
to assure that sales or donations of agricultural commodities will not 
unduly disrupt world prices for agricultural commodities or normal 
patterns of commercial trade with foreign countries.

(f) Publicity

    Commitments shall be obtained from countries or private entities, as 
appropriate, receiving commodities under this chapter that such 
countries or private entities will widely publicize, to the extent 
practicable, through the use of the public media and through other 
means, that such commodities are being provided through the friendship 
of the American people as food for peace.

(g) Participation of private sector

    The Secretary or the Administrator, as appropriate, shall encourage 
the private sector of the United States and private importers in 
developing countries to participate in the programs established under 
this chapter.

(h) Safeguard usual marketings

    In carrying out this chapter, reasonable precautions shall be taken 
to safeguard the usual marketings of the United States and to avoid 
displacing any sales of the United States agricultural commodities that 
the Secretary or Administrator determines would otherwise be made.

(i) Military distribution of food aid

                           (1) In general

        The Secretary or the Administrator, as appropriate, shall 
    attempt to ensure that agricultural commodities made available under 
    this chapter will be provided without regard to the political 
    affiliation, geographic location, ethnic, tribal, or religious 
    identity of the recipient or without regard to other extraneous 
    factors.

       (2) Prohibition on handling of commodities by military

        (A) In general

            Except as provided in subparagraph (B), the Secretary or the 
        Administrator, as appropriate, shall not enter into an agreement 
        under this chapter to provide agricultural commodities if such 
        agreement requires or permits the distribution, handling, or 
        allocation of such commodities by the military forces of any 
        government or insurgent group.

        (B) Exception

            Notwithstanding subparagraph (A), the Secretary or the 
        Administrator, as appropriate, may authorize the handling or 
        distribution of commodities by the military forces of a country 
        in exceptional circumstances in which--
                (i) nonmilitary channels are not available for such 
            handling or distribution;
                (ii) such action is consistent with the requirements of 
            paragraph (1); and
                (iii) the Secretary or the Administrator, as 
            appropriate, determines that such action is necessary to 
            meet the emergency health, safety, or nutritional 
            requirements of the recipient population.

                  (3) Encouragement of safe passage

        When entering into agreements under this chapter that involve 
    areas within recipient countries that are experiencing protracted 
    warfare or civil strife, the Secretary or the Administrator, as 
    appropriate, shall, to the extent practicable, encourage all parties 
    to the conflict to permit safe passage of the commodities and other 
    relief supplies and to establish safe zones for medical and 
    humanitarian treatment and evacuation of injured persons.

(j) Violations of human rights

                      (1) Ineligible countries

        The Secretary or the Administrator, as appropriate, shall not 
    enter into any agreement under this chapter to provide agricultural 
    commodities, or to finance the sale of agricultural commodities, to 
    the government of any country determined by the President to engage 
    in a consistent pattern of gross violations of internationally 
    recognized human rights, including--
            (A) the torture or cruel, inhuman, or degrading treatment or 
        punishment of individuals;
            (B) the prolonged detention of individuals without charges;
            (C) the responsibility for causing the disappearance of 
        individuals through the abduction and clandestine detention of 
        such individuals; or
            (D) other flagrant denials of the right to life, liberty, 
        and the security of persons.

                             (2) Waiver

        Paragraph (1) shall not prohibit the provision of assistance to 
    such a country if the assistance is targeted to the most needy 
    people in such country and is made available in such country through 
    channels other than the government.

(k) Abortion prohibition

    Local currencies that are made available for use under this chapter 
may not be used to pay for the performance of abortions as a method of 
family planning or to motivate or coerce any person to practice 
abortions.

(July 10, 1954, ch. 469, title IV, Sec. 403, 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(3), Sept. 27, 1962, 76 Stat. 611; Pub. L. 88-638, 
Sec. 1(17), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-808, Sec. 2(E), Nov. 
11, 1966, 80 Stat. 1536; Pub. L. 95-113, title XII, Sec. 1206, Sept. 29, 
1977, 91 Stat. 956; Pub. L. 96-533, title IV, Sec. 407, Dec. 16, 1980, 
94 Stat. 3151; Pub. L. 97-98, title XII, Sec. 1214, Dec. 22, 1981, 95 
Stat. 1282; Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 
Stat. 3646; Pub. L. 102-237, title III, Sec. 321, Dec. 13, 1991, 105 
Stat. 1857; Pub. L. 104-127, title II, Sec. 213, Apr. 4, 1996, 110 Stat. 
956.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-127, Sec. 213(1), inserted heading 
and struck out former heading ``Consultations'' and in text struck out 
``consult with representatives from the International Monetary Fund, the 
International Bank for Reconstruction and Development, the World Bank, 
and other donor organizations to'' before ``ensure that''.
    Subsec. (c). Pub. L. 104-127, Sec. 213(2), struck out ``from 
countries'' after ``require commitments'' and substituted ``or use for 
other'' for ``for use for other''.
    Subsec. (f). Pub. L. 104-127, Sec. 213(3), inserted ``or private 
entities, as appropriate,'' after ``from countries'' and ``or private 
entities'' after ``such countries''.
    Subsec. (i)(2)(C). Pub. L. 104-127, Sec. 213(4), struck out heading 
and text of subpar. (C). Text read as follows: ``Not later than 30 days 
after an authorization is provided under subparagraph (B), the Secretary 
or the Administrator, as appropriate, shall prepare and submit to the 
appropriate committees of Congress a report concerning such 
authorization and include in any such report the reason for the 
authorization, including an explanation of why no alternatives to such 
handling or distribution were available.''
    1991--Subsec. (i)(2)(C). Pub. L. 102-237 substituted ``committees'' 
for ``Committees''.
    1990--Pub. L. 101-624 amended section generally, substituting 
present provisions for provisions authorizing appropriations necessary 
for this chapter, classifying such expenditures under international 
affairs and finance rather than agriculture, valuing commodity, for 
purpose of reimbursing Commodity Credit Corporation, at price not 
greater than export market price at time commodity was made available, 
and authorizing President to transfer up to 15 percent of funding for 
any fiscal year from any subchapter of this chapter to any other 
subchapter.
    1981--Subsec. (b). Pub. L. 97-98 inserted ``a price not greater 
than''.
    1980--Subsec. (c). Pub. L. 96-533 added subsec. (c).
    1977--Pub. L. 95-113 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1966--Pub. L. 89-808 substituted provisions for authorization of 
appropriations, including reimbursement of Commodity Credit Corporation, 
and classification of expenditures, formerly covered in former section 
1703(a) of this title, for provision for payment for commodities, now 
provided for by section 1706(a) of this title.
    1964--Pub. L. 88-638 substituted ``less than the minimum rate 
required by section 2161 of Title 22 for loans made under that section'' 
for ``more than the cost of the funds to the United States Treasury as 
determined by the Secretary of the Treasury, taking into consideration 
the current average market yields on outstanding marketable obligations 
of the United States having maturity comparable to the maturities of 
loans made by the President under this section''.
    1962--Pub. L. 87-703 substituted ``reasonable'' for ``approximately 
equal'' annual amounts and provided for deferral of date for beginning 
annual payment.


                    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 1981 Amendment

    Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 
of Pub. L. 97-98, set out as an Effective Date note under section 4301 
of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 
of Pub. L. 95-113, set out as a note under section 1307 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.

                         Delegation of Functions

    Functions of President under subsec. (j) of this section delegated 
to Secretary of State by section 4(b) of Ex. Ord. No. 12752, Feb. 25, 
1991, 56 F.R. 8256, set out as a note under section 1691 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1431, 1736o of this title; 
title 46 App. section 1241h.
