§ 1721. — General authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
Section Referred to in Other Sections
This section is referred to in section 1722 of this title.
