Notes on 7 U.S.C. § 1691 : US Code - Notes
Search Notes on 7 U.S.C. § 1691 : US Code - Notes
(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; Pub. L. 107-171, title
III, Sec. 3001, May 13, 2002, 116 Stat. 280.)
AMENDMENTS
2002 - Par. (6). Pub. L. 107-171 added par. (6).
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.