United States Code

USC most recently checked for updates: Dec 10, 2022

§ 1733.
General provisions
(a)
Prohibition
No agricultural commodity, food procured outside of the United States, food voucher, or cash transfer for food shall be made available under this chapter unless it is determined that—
(1)
in the case of the provision of an agricultural commodity, 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 agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food 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, the use of food procured outside of the United States, food vouchers, and cash transfers for food, 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. The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy within 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
(1)
In general

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.

(2)
Sale price

Sales of agricultural commodities described in paragraph (1) shall be made at a reasonable market price in the economy where the agricultural commodity is to be sold, as determined by the Secretary or the Administrator, as appropriate.

(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 the 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.

(l)
Sale procedure
(1)
In general
Subsections (b) and (h) shall apply to sales of commodities in recipient countries to generate proceeds to carry out projects under—
(A)
subchapters II and III;
(C)
the Food for Progress Act of 1985 (7 U.S.C. 1736o).
(2)
Currency

A sale described in paragraph (1) may be made in United States dollars or other currencies.

(July 10, 1954, ch. 469, title IV, § 403, as added Pub. L. 86–341, title I, § 14, Sept. 21, 1959, 73 Stat. 610; amended Pub. L. 87–703, title II, § 201(3), Sept. 27, 1962, 76 Stat. 611; Pub. L. 88–638, § 1(17), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1536; Pub. L. 95–113, title XII, § 1206, Sept. 29, 1977, 91 Stat. 956; Pub. L. 96–533, title IV, § 407, Dec. 16, 1980, 94 Stat. 3151; Pub. L. 97–98, title XII, § 1214, Dec. 22, 1981, 95 Stat. 1282; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3646; Pub. L. 102–237, title III, § 321, Dec. 13, 1991, 105 Stat. 1857; Pub. L. 104–127, title II, § 213, Apr. 4, 1996, 110 Stat. 956; Pub. L. 107–171, title III, § 3009(a), May 13, 2002, 116 Stat. 283; Pub. L. 113–79, title III, § 3008, Feb. 7, 2014, 128 Stat. 775; Pub. L. 115–334, title III, §§ 3109, 3112(b), Dec. 20, 2018, 132 Stat. 4604, 4606.)
cite as: 7 USC 1733