United States Code

USC most recently checked for updates: Sep 29, 2022

§ 1736o.
Food for progress
(a)
Short title

This section may be cited as the “Food for Progress Act of 1985”.

(b)
Definitions
In this section:
(1)
Cooperative

The term “cooperative” has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).

(2)
Corporation

The term “Corporation” means the Commodity Credit Corporation.

(3)
Developing country

The term “developing country” has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).

(4)
Eligible commodity

The term “eligible commodity” means an agricultural commodity, or a product of an agricultural commodity, in inventories of the Corporation or acquired by the Secretary or the Corporation for disposition through commercial purchases under a program authorized under this section.

(5)
Eligible entity
The term “eligible entity” means—
(A)
the government of an emerging agricultural country;
(B)
an intergovernmental organization;
(C)
a private voluntary organization;
(D)
a nonprofit agricultural organization or cooperative;
(E)
a nongovernmental organization;
(F)
a college or university (as such terms are defined in section 3103(4) of this title); and
(G)
any other private entity.
(6)
Food security

The term “food security” means access by all people at all times to sufficient food and nutrition for a healthy and productive life.

(7)
Nongovernmental organization

The term “nongovernmental organization” has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).

(8)
Private voluntary organization

The term “private voluntary organization” has the meaning given the term in section 402 of the Food for Peace Act (7 U.S.C. 1732).

(9)
Program

The term “program” means a food assistance or development initiative proposed by an eligible entity and approved by the Secretary under this section.

(10)
Rate of return
For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that—
(A)
the proceeds eligible entities generate through monetization of such commodity, bears to
(B)
the cost to the Federal Government to procure and ship the commodity to the country where it is monetized.
(11)
Secretary

The term “Secretary” means the Secretary of Agriculture.

(c)
Program

In order to use the food resources of the United States more effectively in support of developing countries, and countries that are emerging democracies that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the Secretary shall enter into agreements with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f).

(d)
Consideration for agreements
In determining whether to enter into an agreement under this section, the Secretary shall consider whether a potential recipient country is committed to carry out, or is carrying out, policies that promote economic freedom, private, domestic production of eligible commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of such eligible commodities. Such policies may provide for, among other things—
(1)
access, on the part of farmers in the country, to private, competitive markets for their product;
(2)
market pricing of eligible commodities to foster adequate private sector incentives to individual farmers to produce food on a regular basis for the country’s domestic needs;
(3)
establishment of market-determined foreign exchange rates;
(4)
timely availability of production inputs (such as seed, fertilizer, or pesticides) to farmers;
(5)
access to technologies appropriate to the level of agricultural development in the country; and
(6)
construction of facilities and distribution systems necessary to handle perishable products.
(e)
Funding of eligible commodities
(1)
The Corporation shall make available to the Secretary such eligible commodities as the Secretary may request for purposes of furnishing eligible commodities under this section.
(2)
Notwithstanding any other provision of law, the Corporation may use funds appropriated to carry out title I of the Food for Peace Act [7 U.S.C. 1701 et seq.] in carrying out this section with respect to eligible commodities made available under that Act [7 U.S.C. 1691], and subsection (g) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title.
(3)
The Corporation may finance the sale and exportation of eligible commodities, made available under the Food for Peace Act [7 U.S.C. 1691 et seq.], which are furnished under this section. Payment for eligible commodities made available under that Act which are purchased on credit terms under this section shall be on the same basis as the terms provided in section 103 of that Act [7 U.S.C. 1703].
(4)
In the case of eligible commodities made available under the Food for Peace Act for purposes of this section, section 406 of that Act [7 U.S.C. 1736] shall apply to eligible commodities furnished on a grant basis under this section and sections 402, 403(a), 403(c), and 403(i) of that Act [7 U.S.C. 1732, 1733(a), (c), (i)] shall apply to all eligible commodities furnished under this section.
(5)
No effect on domestic programs.—
The Secretary shall not make an eligible commodity available for disposition under this section in any amount that will reduce the amount of the eligible commodity that is traditionally made available through donations to domestic feeding programs or agencies, as determined by the Secretary.
(f)
Provision of eligible commodities to developing countries
(1)
The Corporation may provide for—
(A)
grants, or
(B)
sales on credit terms,
of eligible commodities made available under section 1431(b) of this title for use in carrying out this section.
(2)
In carrying out section 1431(b) of this title, the Corporation may purchase eligible commodities for use under this section if—
(A)
the Corporation does not hold stocks of such eligible commodities; or
(B)
Corporation stocks are insufficient to satisfy commitments made in agreements entered into under this section and such eligible commodities are needed to fulfill such commitments.
(3)
No funds of the Corporation in excess of $40,000,000 (exclusive of the cost of eligible commodities) may be used for each of fiscal years 1996 through 2023 to carry out this section with respect to eligible commodities made available under section 1431(b) of this title unless authorized in advance in appropriation Acts.
(4)
The cost of eligible commodities made available under section 1431(b) of this title which are furnished under this section, and the expenses incurred in connection with furnishing such eligible commodities, shall be in addition to the level of assistance programmed under the Food for Peace Act [7 U.S.C. 1691 et seq.] and may not be considered expenditures for international affairs and finance.
(5)
Sale procedure.—
In making sales of eligible eligible 1
1
 So in original.
commodities under this section, the Secretary shall follow the sale procedure described in section 403(l) of the Food for Peace Act [7 U.S.C. 1733(l)].
(g)
Minimum tonnage

Subject to subsection (f)(3), not less than 400,000 metric tons of eligible commodities shall be provided under this section for the program for each of fiscal years 2002 through 2023.

(h)
Prohibition on resale or transshipment of eligible commodities

An agreement entered into under this section shall prohibit the resale or transshipment of the eligible commodities provided under the agreement to other countries.

(i)
Displacement of United States commercial sales

In entering into agreements under this section, the Secretary shall take reasonable steps to avoid displacement of any sales of United States commodities that would otherwise be made to such countries.

(j)
Multicountry or multiyear basis
(1)
In general

In carrying out this section, the Secretary, on request and subject to the availability of eligible commodities, is encouraged to approve agreements that provide for eligible commodities to be made available for distribution or sale by the recipient on a multicountry or multiyear basis if the agreements otherwise meet the requirements of this section.

(2)
Deadline for program announcements
Before the beginning of any fiscal year, the Secretary shall, to the maximum extent practicable—
(A)
make all determinations concerning program agreements and resource requests for programs under this section; and
(B)
announce those determinations.
(3)
Report
Not later than April 1 of each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate—
(A)
a list of programs, countries, and eligible commodities, and the total amount of funds for transportation and administrative costs, approved during the prior fiscal year under this section;
(B)
a description of the actual rate of return for each commodity made available under this section for the previous fiscal year including—
(i)
factors that influenced the rate of return; and
(ii)
with respect to the commodity, the costs of bagging or further processing, ocean transportation, inland transportation, storage costs, and any other information that the Secretary determines to be necessary; and
(C)
for each instance in which a commodity was made available under this section at a rate of return less than 70 percent, an explanation for the rate of return realized.
(k)
Effective and termination dates

This section shall be effective during the period beginning October 1, 1985, and ending December 31, 2023.

(l)
Administrative expenses
(1)
To enhance the development of private sector agriculture in countries receiving assistance under this section the Secretary may, in each of the fiscal years 1996 through 2023, use in addition to any amounts or eligible commodities otherwise made available under this section for such activities, not to exceed $15,000,000 (or, in the case of fiscal year 1999, $12,000,000) of Corporation funds (or eligible commodities of an equal value owned by the Corporation), to provide assistance in the administration, sale, and monitoring of food assistance programs, and to provide technical assistance for monetization programs, to strengthen private sector agriculture in recipient countries.
(2)
(3)
The Secretary may use the assistance provided under this subsection and proceeds derived from the sale of eligible commodities under paragraph (2) to design, monitor, and administer activities undertaken with such assistance, for the purpose of strengthening or creating the capacity of recipient country private enterprises to undertake commercial transactions, with the overall goal of increasing potential markets for United States agricultural eligible commodities.
(4)
Humanitarian or development purposes.—
The Secretary may authorize the use of proceeds to pay the costs incurred by an eligible entity under this section for—
(A)
(i)
programs targeted at hunger and malnutrition; or
(ii)
development programs involving food security;
(B)
transportation, storage, and distribution of eligible commodities provided under this section; and
(C)
administration, sales, monitoring, and technical assistance.
(m)
Secretarial approval
In carrying out this section, the Secretary shall approve, as determined appropriate by the Secretary, agreements with agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives that provide for—
(1)
the sale of eligible commodities, including the marketing of eligible commodities through the private sector; and
(2)
the use of the proceeds generated in the humanitarian and development programs of such agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives.
(n)
Program management
(1)
In general
The Secretary shall ensure, to the maximum extent practicable, that each eligible entity participating in 1 or more programs under this section—
(A)
uses eligible commodities made available under this section—
(i)
in an effective manner;
(ii)
in the areas of greatest need; and
(iii)
in a manner that promotes the purposes of this section;
(B)
in using eligible commodities, assesses and takes into account the needs of recipient countries and the target populations of the recipient countries;
(C)
works with recipient countries, and indigenous institutions or groups in recipient countries, to design and carry out mutually acceptable programs authorized under this section; and
(D)
monitors and reports on the distribution or sale of eligible commodities provided under this section using methods that, as determined by the Secretary, facilitate accurate and timely reporting.
(2)
Requirements
(A)
In general

Not later than 270 days after May 13, 2002, the Secretary shall review and, as necessary, make changes in regulations and internal procedures designed to streamline, improve, and clarify the application, approval, and implementation processes pertaining to agreements under this section.

(B)
Considerations
In conducting the review, the Secretary shall consider—
(i)
revising procedures for submitting proposals;
(ii)
developing criteria for program approval that separately address the objectives of the program;
(iii)
pre-screening organizations and proposals to ensure that the minimum qualifications are met;
(iv)
implementing e-government initiatives and otherwise improving the efficiency of the proposal submission and approval processes;
(v)
upgrading information management systems;
(vi)
improving commodity and transportation procurement processes; and
(vii)
ensuring that evaluation and monitoring methods are sufficient.
(C)
Consultations

Not later than 1 year after May 13, 2002, the Secretary shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on changes made in regulations and procedures.

(3)
Reports

Each eligible entity that enters into an agreement under this section shall submit to the Secretary, at such time as the Secretary may request, a report containing such information as the Secretary may request relating to the use of eligible commodities and funds furnished to the eligible entity under this section.

(o)
Private voluntary organizations and other private entities
In entering into agreements described in subsection (c), the Secretary—
(1)
shall enter into agreements with eligible entities described in subparagraphs (C) and (G) of subsection (b)(5); and
(2)
shall not discriminate against such eligible entities.
(p)
Pilot agreements
(1)
In general

For each of fiscal years 2019 through 2023, subject to the availability of appropriations pursuant to the authorization in paragraph (3), the Secretary shall enter into 1 or more pilot agreements with 1 or more eligible entities through which the Secretary shall provide financial assistance to the eligible entities to carry out activities consistent with subsection (l)(4)(A).

(2)
Report required
In each of fiscal years 2020 through 2024, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing, with respect to the previous fiscal year—
(A)
the amount provided to eligible entities under each pilot agreement pursuant to paragraph (1) and how the funds were used;
(B)
the activities carried out under each pilot agreement;
(C)
the number of direct and indirect beneficiaries of those activities; and
(D)
the effectiveness of the pilot agreements, including as applicable the impact on food security and agricultural productivity.
(3)
Authorization of appropriations

There is authorized to be appropriated to carry out pilot agreements pursuant to this subsection $10,000,000 for each of fiscal years 2019 through 2023.

(Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985, 99 Stat. 1472; Pub. L. 100–418, title IV, § 4303, Aug. 23, 1988, 102 Stat. 1397; Pub. L. 101–624, title XV, §§ 1516, 1572(1), Nov. 28, 1990, 104 Stat. 3663, 3702; Pub. L. 102–237, title III, § 335, Dec. 13, 1991, 105 Stat. 1859; Pub. L. 102–511, title VII, § 701, Oct. 24, 1992, 106 Stat. 3348; Pub. L. 104–127, title II, §§ 227, 265(b), Apr. 4, 1996, 110 Stat. 962, 974; Pub. L. 105–277, div. A, § 101(a) [title XI, § 1125], Oct. 21, 1998, 112 Stat. 2681, 2681–45; Pub. L. 107–171, title III, §§ 3009(b)(2), 3106, May 13, 2002, 116 Stat. 283, 291; Pub. L. 108–7, div. A, title VII, § 745, Feb. 20, 2003, 117 Stat. 44; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(F), 3014(b)(2), 3105, June 18, 2008, 122 Stat. 1820, 1826, 1833; Pub. L. 113–79, title III, § 3201, Feb. 7, 2014, 128 Stat. 779; Pub. L. 115–334, title III, § 3302, Dec. 20, 2018, 132 Stat. 4617.)
cite as: 7 USC 1736o