developed countries, freight charges from United States ports to designated ports of entry abroad or to designated points of entry abroad in the case of landlocked countries. (7 U.S.C. 1727c.) SEC. 305.6 (a) Funds generated from the sale of agricultural commodities by any participating country under this title shall be held in a special account, where practicable, to be disbursed for the purposes described in the approved Food for Development Program of such country. The amount of funds disbursed for such purposes and in accordance with the agreement shall be deemed payments for the purposes of section 103(b) of this Act. Disbursements of funds from the special account in an amount equivalent to the dollar value of the credit furnished by the Commodity Credit Corporation under section 304(a) shall be deemed to be payment of all installments of principal and interest payable thereon for the commodities purchased by the participating country for purposes of this title.7 (b)6 Such disbursements shall be deemed to be payments with respect to the credit furnished pursuant to the agreement or if, in the case of a country on the United Nations Conference on Trade and Development list of relatively least developed countries, the disbursements in a fiscal year are greater than the amount of the annual repayment obligation which that country would have to meet for that fiscal year under the agreement but for the disbursements in accordance with the Food for Development Program, then the disbursements which are in excess of the amount of that annual repayment obligation may, to the extent provided in the agreement, be considered as payments with respect to the annual repayment obligations of that country for that fiscal year under other financing agreements under this Act. (c) When agricultural commodities made available under this title are used by the participating country in development projects in accordance with the applicable Food for Development Program, the dollar sales value of such commodities shall be applied, in accordance with subsections (a) and (b) of this section, against repayment obligations of that country under this Act, with the value of the commodities so used being deemed to be disbursements made at the time of such use. (7 U.S.Č. 1727d.) SEC. 306.1 Not more than one year after the initial delivery of commodities to any country under this title and each year thereafter for the period of agreement, the government of the participating country, with the assistance (if requested) of the United States Government, shall submit a comprehensive report to the President on the activities and progress achieved under the Food for Development Program for such country, including, but not limited to, a comparison of results with projected targets, a detailed description of how the commodities were used or a specific accounting for funds generated, their uses, and the outstanding balances at the end of the most recent fiscal year. Such annual report may also include recommendations for modification and See footnote 1. Sec. 203 of P.L. 95-424, 92 Stat. 955, Oct. 6, 1978, designated the first paragraph of Sec. 305 as "(a)” and added subsection (b). The last sentance of (a) was added by Sec. 206 of P.L. 96-53, 93 Stat. 369, Aug. 14, 1979. Subsec. (c) added by Sec. 204 of P.L. 96-53, 93 Stat. 369, Aug. 14, 1979. * Sec. 207 of P.L. 96-53, 93 Stat. 369, Aug. 14, 1979, added "a detailed description of how the commodities were used or". improvement in the Food for Development Program of such country. (7 U.S.C. 1727e.) SEC. 307. (a) Each year the President shall review all agreements providing for the use under this title of the proceeds from the sale of agricultural commodities, or of the commodities themselves, with respect to which there was not full disbursement during the preceding fiscal year. 10 The results of such review shall be included in the annual report to the Congress required under section 408(a) of this Act. (b) If the President finds that the provisions of an agreement are not being substantially met, he shall not extend financing for sales under this title until the end of the following fiscal year or until the situation is remedied, whichever occurs first, unless the failure to meet the provisions is due to unusual circumstances beyond the control of the recipient government. (7 U.S.C. 1727f.) SEC. 308.11 SEC. 309.12 * * * 10 The first sentance was amended to read as shown in the text by Sec. 207 of P.L. 96-53, 93 Stat. 369, Aug. 14, 1979. 11 This section contains an amendment to section 407 of the Agricultural Act of 1949, authorizing Commodity Credit Corporation to make commodities available to relieve distress. 12 This section contains a revision of section 416 of the Agricultural Act of 1949, which authorizes various methods of disposition by Commodity Credit Corporation of commodities in surplus supply. 13 See p. 33-1 for the text of this section relating to barter and exchange of agricultural commodities. TITLE IV SEC. 401.1 (a) After consulting with other agencies of the Government affected and within policies laid down by the President for implementing this Act, and after taking into account productive capacity, domestic requirements, farm and consumer price levels, commercial exports, and adequate carryover, the Secretary of Agriculture shall determine the agricultural commodities and quantities thereof available for disposition under this Act, and the commodities and quantities thereof which may be included in the negotiations with each country. No commodity shall be available for disposition under this Act if such disposition would reduce the domestic supply of such commodity below that needed to meet domestic requirements, adequate carryover, and anticipated exports for dollars as determined by the Secretary of Agriculture at the time of exportation of such commodity,2 unless the Secretary of Agriculture determines that some part of the supply thereof should be used to carry out urgent humanitarian purposes of this Act. (b) No agricultural commodity may be financed or otherwise made available under the authority of this Act except upon a determination by the Secretary of Agriculture that (1) adequate storage facilities are available in the recipient country at the time of exportation 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 with3 domestic production or marketing3 in that country. (7 U.S.C. 1731.) SEC. 402.4 The term "agricultural commodity" as used in this Act shall include any agricultural commodity produced in the United States or product thereof produced in the United States: Provided, however, That the term "agricultural commodity" shall not include alcoholic beverages, and for the purposes of title II of this Act, tobacco or products thereof. The foregoing proviso shall not be construed as prohibiting representatives of the domestic wine or beer industry from participating in market development activities carried out with foreign currencies made available under title I of this Act which have as their purpose the expansion of export sales of United States agricultural commodities. Subject to the availability of appropriations therefor, any domestically produced fishery product may be made available under this Act. In the allocation of funds made available under title I of this Act, priority shall be given to financing the sale of food and fiber commodities. (7 U.S.C. 1732.) Sec. 401 was amended by Sec. 212 of the International Development and Food Assistance Act of 1977, P.L. 95-88, 91 Stat. 551, Aug. 3, 1977, by inserting "(a)" immediately after "Sec. 401." and by adding subsec. (b). 2 The remainder of this sentence was added by Sec. 1204 of the Food and Agriculture Act of 1977, P.L. 95–113, 91 Stat. 956, Sept. 29, 1977. Sec. 8 of P.L. 85–931, 72 Stat. 1792, Sept. 6, 1958, as amended by P.L. 89-808, 80 Stat. 1538, Nov. 11, 1966, provides as follows: "In carrying out the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, extra long staple cotton shall be made available for sale pursuant to the provisions of title I of the Act in the same manner as upland cotton or any other surplus agricultural commodity is made available, and products manufactured entirely from upland or long staple cotton shall be made available for sale pursuant to the provisions of title I of the Act as long as cotton is in surplus supply in the same manner as any other agricultural commodity or product is made available, and no discriminatory or other conditions shall be imposed which will prevent or tend to interfere with their sale or availability for sale under the Act." (7 U.S.C. 1701 note.) * Sec. 208 of P.L. 96-53, 93 Stat. 370, Aug. 14, 1979, added "or interference with" and "or marketing". The second sentence of Sec. 402 was added by P.L. 92-42, 85 Stat. 99, July 1, 1971. The last sentence was added by Sec. 1205 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 956, Sept. 29, 1977. 5 The words "or beer" were added by Sec. 24 of the Export Administration Act of 1979, P.L. 96-72, 93 Stat. 503, Sept. 29, 1979. SEC. 403. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act including such amounts as may be required to make payments to the Commodity Credit Corporation, to the extent the Commodity Credit Corporation is not reimbursed under sections 104(j) and 105, for its actual costs incurred or to be incurred. In presenting his budget, the President shall classify expenditures under this Act as expenditures for international affairs and finance rather than for agriculture and agricultural resources. (b)6 Notwithstanding any other provision of law, in determining the reimbursement due the Commodity Credit Corporation for all costs incurred under this Act, commodities from the Commodity Credit Corporation inventory, which were acquired under a domestic price support program, shall be valued at the export market price therefor, as determined by the Secretary of Agriculture, as of the time the commodity is made available under this Act. (7 U.S.C. 1733.) SEC. 404.7 (a) The programs of assistance conducted under this Act, and the types and quantities of agricultural commodities to be made available, shall be directed in the national interest toward the attainment of humanitarian and developmental objectives as well as the development and expansion of United States and recipient country agricultural commodity markets. To the maximum extent possible, elther the commodities themselves shall be used to improve the economic and nutritional status of the poor through effective and sustainable programs, or any proceeds generated from the sales of agricultural commodities shall be used to promote policies and programs that benefit the poor. (b) Country assessments shall be carried out whenever necessary in order to determine the types and quantities of agricultural commodities needed, the conditions under which commodities should be provided and distributed, the relationship between United States food assistance and other development resources, the development plans of that country, the most suitable timing for commodity deliveries, the rate at which food assistance levels can be effectively used to meet nutritional and developmental needs, and the country's potential as a new or expanded market for both United States agricultural commodities and recipient country foodstuffs. (7 U.S.C. 1734.) SEC. 405. The authority and funds provided by this Act shall be utilized in a manner that will assist friendly countries that are determined to help themselves toward a greater degree of self-reliance in providing enough food to meet the needs of their people and in resolving their problems relative to population growth. (7 U.S.C. 1735.) SEC. 406. (a) In order to further assist friendly developing countries to become self-sufficient in food production, the President is authorized, notwithstanding any other provision of law (1) To establish and administer a program of farmer-to-farmer assistance between the United States and such countries to help farmers in such countries in the practical aspects of increasing food production and distribution and improving the effectiveness of their farming operations; Sec. 1206 of the Food and Agriculture Act of 1977, P.L. 95-113, 91 Stat. 956, Sept. 29, 1977, amended Sec. 403 by inserting "(a)" immediately after "Sec. 403" and adding subsec. (b). 7 Sec. 404 was amended by P.L. 96-53, 93 Stat. 370, Aug. 14, 1979, to read as shown in the text. |