Short title
This section may be cited as the “Food for Progress Act of 1985”.
Definitions
Cooperative
7 U.S.C. 1732The term “cooperative” has the meaning given the term in section 402 of the Food for Peace Act ().
Corporation
The term “Corporation” means the Commodity Credit Corporation.
Developing country
7 U.S.C. 1732The term “developing country” has the meaning given the term in section 402 of the Food for Peace Act ().
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.
Eligible entity
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.
Nongovernmental organization
7 U.S.C. 1732The term “nongovernmental organization” has the meaning given the term in section 402 of the Food for Peace Act ().
Private voluntary organization
7 U.S.C. 1732The term “private voluntary organization” has the meaning given the term in section 402 of the Food for Peace Act ().
Program
The term “program” means a food assistance or development initiative proposed by an eligible entity and approved by the Secretary under this section.
Rate of return
Secretary
The term “Secretary” means the Secretary of Agriculture.
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).
Consideration for agreements
Funding of eligible commodities
No effect on domestic programs .—
Provision of eligible commodities to developing countries
Sale procedure .—
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.
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.
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.
Multicountry or multiyear basis
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.
Deadline for program announcements
Report
Effective and termination dates
This section shall be effective during the period beginning , and ending .
Administrative expenses
Humanitarian or development purposes .—
Secretarial approval
Program management
In general
Requirements
In general
Not later than 270 days after , 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.
Considerations
Consultations
Not later than 1 year after , 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.
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.
Private voluntary organizations and other private entities
Pilot agreements
In general
lFor 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 ()(4)(A).
Report required
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, § 111099 Stat. 1472Pub. L. 100–418, title IV, § 4303102 Stat. 1397Pub. L. 101–624, title XV104 Stat. 3663Pub. L. 102–237, title III, § 335105 Stat. 1859Pub. L. 102–511, title VII, § 701106 Stat. 3348Pub. L. 104–127, title II110 Stat. 962Pub. L. 105–277, div. A, § 101(a) [title XI, § 1125]112 Stat. 2681Pub. L. 107–171, title III116 Stat. 283Pub. L. 108–7, div. A, title VII, § 745117 Stat. 44Pub. L. 110–246, title III122 Stat. 1820Pub. L. 113–79, title III, § 3201128 Stat. 779Pub. L. 115–334, title III, § 3302132 Stat. 4617(, , ; , , ; , §§ 1516, 1572(1), , , 3702; , , ; , , ; , §§ 227, 265(b), , , 974; , , , 2681–45; , §§ 3009(b)(2), 3106, , , 291; , , ; , §§ 3001(b)(1)(A), (2)(F), 3014(b)(2), 3105, , , 1826, 1833; , , ; , , .)
Editorial Notes
References in Text
act July 10, 1954, ch. 46968 Stat. 454section 1691 of this titleThe Food for Peace Act, referred to in subsecs. (e) and (f)(4), is , , which is classified generally to this chapter (§ 1691 et seq.). Title I of the Act is classified to subchapter II (§ 1701 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
Section was enacted as part of the Food Security Act of 1985, and not as part of the Food for Peace Act which comprises this chapter.
Amendments
Pub. L. 115–334, § 3302(1)l2018—, substituted “Secretary” for “President” wherever appearing, except in subsecs. (f)(5) and ()(4).
Pub. L. 115–334, § 3302(2)(A)Subsec. (b)(5)(F), (G). , added subpar. (F) and redesignated former subpar. (F) as (G).
Pub. L. 115–334, § 3302(2)(B)Subsec. (b)(10), (11). , added pars. (10) and (11).
Pub. L. 115–334, § 3302(3)Subsec. (f)(3). , substituted “2023” for “2018”.
Pub. L. 115–334, § 3302(4)Subsec. (g). , substituted “2023” for “2018”.
Pub. L. 115–334, § 3302(5)Subsec. (j)(3). , substituted “April 1” for “December 1”, inserted dash after “the Senate” and subpar. (A) designation before “a list”, substituted “approved during the prior fiscal year” for “approved to date for the fiscal year”, and added subpars. (B) and (C).
Pub. L. 115–334, § 3302(6)Subsec. (k). , substituted “2023” for “2018”.
lPub. L. 115–334, § 3302(7)Subsec. ()(1). , substituted “2023” for “2018”.
Pub. L. 115–334, § 3302(8)Subsec. (m). , substituted “Secretarial” for “Presidential” in heading.
oPub. L. 115–334, § 3302(9)Subsec. (). , struck out “(acting through the Secretary)” before dash at end of introductory provisions.
oPub. L. 115–334, § 3302(10)Subsec. ()(1). , substituted “subparagraphs (C) and (G)” for “subparagraphs (C) and (F)”.
Pub. L. 115–334, § 3302(11)Subsec. (p). , added subsec. (p).
Pub. L. 113–79, § 3201(a)(1)2014—Subsec. (f)(3). , substituted “2018” for “2012”.
Pub. L. 113–79, § 3201(b)Subsec. (f)(6). , struck out par. (6) which related to approval of project for Malawi during fiscal year 2009.
lPub. L. 113–79, § 3201(a)(2)Subsecs. (g), (k), ()(1). –(4), substituted “2018” for “2012”.
Pub. L. 110–246, § 3001(b)(1)(A)2008—Subsec. (b). , (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954” wherever appearing.
Pub. L. 110–246, § 3014(b)(2)Subsec. (e)(1). , struck out “determined to be available under section 401 of the Agricultural Trade Development and Assistance Act of 1954” after “such eligible commodities”.
Pub. L. 110–246, § 3001(b)(1)(A)Subsec. (e)(2) to (4). , (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
Pub. L. 110–246, § 3105(a)Subsec. (f)(3). , substituted “2012” for “2007”.
Pub. L. 110–246, § 3001(b)(1)(A)Subsec. (f)(4), (5). , (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
Pub. L. 110–246, § 3105(b)Subsec. (f)(6). , added par. (6).
lPub. L. 110–246, § 3105(a)Subsecs. (g), (k), ()(1). , substituted “2012” for “2007”.
Pub. L. 108–7, § 745(1)2003—Subsecs. (c), (g). , substituted “shall” for “may”.
oPub. L. 108–7, § 745(2)oSubsec. (). , added subsec. ().
Pub. L. 107–171, § 3106(b)(1)2002—Subsecs. (b), (c). , added heading and text of subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which read as follows:
“(b) 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 President is authorized to enter into agreements with the governments of such countries (including the independent states of the former Soviet Union), or with private voluntary organizations, nonprofit agricultural organizations, cooperatives, intergovernmental organizations, or other private entities, to furnish commodities made available pursuant to subsections (e) and (f) of this section. Such agreements may provide for commodities to be furnished on a multiyear basis.
“(c) As used in this section, the term ‘commodities’ means agricultural commodities and the products thereof.”
Pub. L. 107–171, § 3106(b)(2)(A)Subsec. (d). , (D), (c), inserted heading, in introductory provisions struck out “food” after “domestic production of” and substituted “eligible commodities” for “commodities” in two places, and in par. (2) substituted “eligible commodities” for “commodities”.
Pub. L. 107–171, § 3106(b)(2)(D)Subsec. (e). , (E), (d), inserted heading, substituted “eligible commodities” for “commodities” and “Corporation” for “Commodity Credit Corporation” wherever appearing, inserted “, and subsection (g) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title” before period at end of par. (2), and added par. (5).
Pub. L. 107–171, § 3106(b)(2)(D)Subsec. (f). , (E), (e)(1), inserted heading and substituted “eligible commodities” for “commodities” and “Corporation” for “Commodity Credit Corporation” wherever appearing.
Pub. L. 107–171, § 3106(a)Subsec. (f)(3). , (b)(2)(D), (E), substituted “Corporation” for “Commodity Credit Corporation”, “eligible commodities” for “commodities” in two places, and “2007” for “2002”.
Pub. L. 107–171, § 3106(e)(2), which directed substitution of “$40,000,000” for “$30,000,000 (or in the case of fiscal year 1999, $35,000,000)”, was executed by making the substitution for “$30,000,000 (or, in the case of fiscal year 1999, $35,000,000)” to reflect the probable intent of Congress.
Pub. L. 107–171, § 3009(b)(2)Subsec. (f)(5). , added par. (5).
Pub. L. 107–171, § 3106(f)Subsec. (g). , added subsec. (g) and struck out former subsec. (g) which read as follows: “Not more than 500,000 metric tons of commodities may be furnished under this section in each of the fiscal years 1986 through 2002.”
Pub. L. 107–171, § 3106(b)(2)(D)Subsec. (h). , (g), inserted heading and substituted “eligible commodities” for “commodities”.
Pub. L. 107–171, § 3106(h)Subsec. (i). , inserted heading.
Pub. L. 107–171, § 3106(b)(2)(D)Subsec. (j). , (i), inserted heading, designated existing provisions as par. (1), inserted par. (1) heading, struck out “may” after “the President”, substituted “eligible commodities” for “commodities” in two places, “is encouraged to approve” for “approve”, and “multicountry or multiyear” for “multiyear”, and added pars. (2) and (3).
Pub. L. 107–171, § 3106(a)Subsec. (k). , (j), inserted heading and substituted “2007” for “2002”.
lPub. L. 107–171, § 3106(a)Subsec. (). , (b)(2)(B), (D), (E), (k), inserted heading, substituted “eligible commodities” for “commodities” wherever appearing, in par. (1) substituted “2007” for “2002”, “$15,000,000” for “$10,000,000”, and “Corporation” for “Commodity Credit Corporation” after “$12,000,000) of”, in par. (2) struck out “agricultural” after “President may provide”, in par. (3) substituted “proceeds” for “local currencies”, and added par. (4).
Pub. L. 107–171, § 3106(b)(2)(C)lSubsec. (m). , (D), (), inserted heading and, in par. (1), substituted “eligible commodities” for “commodities” in two places and struck out “these” after “marketing of”.
Pub. L. 107–171, § 3106(m)Subsec. (n). , added subsec. (n) and struck out former subsec. (n) which read as follows: “During fiscal year 1999, to the maximum extent practicable, the Secretary shall utilize Private Voluntary Organizations to carry out this section.”
oPub. L. 107–171, § 3106(b)(2)(F)osection 5602(8) of this titleSubsec. (). , struck out subsec. () which read as follows: “As used in this section, the term ‘independent states of the former Soviet Union’ means the independent states of the former Soviet Union as defined in .”
Pub. L. 105–277, § 101(a) [title XI, § 1125(1)]1998—Subsec. (f)(3). , inserted “(or, in the case of fiscal year 1999, $35,000,000)” after “$30,000,000”.
lPub. L. 105–277, § 101(a) [title XI, § 1125(2)]Subsec. ()(1). , inserted “(or, in the case of fiscal year 1999, $12,000,000)” after “$10,000,000”.
oPub. L. 105–277, § 101(a) [title XI, § 1125(3), (4)]oSubsecs. (n), (). , added subsec. (n) and redesignated former subsec. (n) as ().
Pub. L. 104–127, § 227(1)1996—Subsec. (b). , struck out “(1)” before “In order to use”, inserted “intergovernmental organizations,” after “cooperatives,”, and struck out par. (2) which read as follows: “The annual tonnage limitation contained in subsection (g) of this section shall not apply with respect to commodities furnished to the independent states of the former Soviet Union during fiscal year 1993.”
Pub. L. 104–127, § 265(b)Subsec. (e)(3). , substituted “section 103” for “section 106”.
Pub. L. 104–127, § 227(2)Subsec. (e)(4). , substituted “section 406” for “section 203”.
Pub. L. 104–127, § 227(3)(A)Subsec. (f)(1)(B). , struck out “in the case of the independent states of the former Soviet Union,” before “sales on credit terms,”.
Pub. L. 104–127, § 227(3)(B)section 1431(b)(10)(C) of this titleSubsec. (f)(2) to (5). –(D), in par. (4), inserted “for each of fiscal years 1996 through 2002” after “may be used”, redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “Not less than 75,000 metric tons shall be made available pursuant to to carry out this section unless the President determines there are an insufficient number of eligible recipients.”
Pub. L. 104–127, § 227(4)Subsec. (g). , substituted “2002” for “1995”.
Pub. L. 104–127, § 227(5)Subsec. (j). , substituted “may” for “shall”.
Pub. L. 104–127, § 227(6)Subsec. (k). , substituted “2002” for “1995”.
lPub. L. 104–127, § 227(7)Subsec. ()(1). , substituted “1996 through 2002” for “1991 through 1995” and inserted “, and to provide technical assistance for monetization programs,” after “monitoring of food assistance programs”.
Pub. L. 104–127, § 227(8)Subsec. (m). , in introductory provisions, struck out “with respect to the independent states of the former Soviet Union” after “this section” and substituted “agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives” for “private voluntary organizations and cooperatives”, and in par. (2), struck out “in the independent states” after “the use” and substituted “agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives” for “private voluntary organizations and cooperatives”.
Pub. L. 102–511, § 701(1)1992—Subsec. (b). , designated existing provisions as par. (1), inserted “(including the independent states of the former Soviet Union)” after “such countries”, substituted “cooperatives, or other private entities” for “or cooperatives”, and added par. (2).
Pub. L. 102–511, § 701(2)section 1431(b) of this titleSubsec. (f)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Commodities made available under for use in carrying out this section shall be provided on a grant basis.”
Pub. L. 102–511, § 701(3)Subsecs. (m) and (n). , added subsecs. (m) and (n).
Pub. L. 102–237, § 335(1)l1991—Subsec. (k). , (3), redesignated subsec. () as (k) and struck out “September 30,” before “December 31”.
lPub. L. 102–237, § 335(2)lSubsecs. (), (m). , (3), redesignated subsec. (m) as () and substituted “this section” for “this Act” wherever appearing.
Pub. L. 101–624, § 1516(1)1990—Subsec. (b). , substituted “developing countries, and countries that are emerging democracies, that” for “countries that”, and “the governments of such countries, or with private voluntary organizations, nonprofit agricultural organizations, or cooperatives,” for “developing countries”.
Pub. L. 101–624, § 1516(2)Subsec. (d). , struck out “with countries” before “under this section” in introductory provisions.
Pub. L. 101–624, § 1516(3)Subsec. (e)(3). , struck out “to a developing country” before “under this section”, and “by a developing country” before “for commodities”.
Pub. L. 101–624, § 1516(4)Subsec. (e)(4). , struck out “to a developing country” before “under this section” in two places, and substituted “sections 402, 403(a), 403(c), and 403(i)” for “section 401(b)”.
Pub. L. 101–624, § 1516(5)Subsec. (f)(1). , struck out “to developing countries” before “on a grant basis”.
Pub. L. 101–624, § 1516(6)Subsec. (g). , substituted “1995” for “1990”.
Pub. L. 101–624, § 1572(1)Subsec. (j). , redesignated subsec. (k) as (j) and struck out former subsec. (j) which read as follows: “Within 90 days after the end of each fiscal year in which an agreement under this section is in effect with respect to a country, the President shall report to the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the status of such agreement and the progress being made to implement private, free enterprise agricultural policies for long-term agricultural development in such country.”
Pub. L. 101–624, § 1516(7), struck out “entered into with a country” before “under this section”, and inserted “with respect to a country” after “effect”.
Pub. L. 101–624, § 1572(1)(B)Subsec. (k). , redesignated subsec. (k) as (j).
Pub. L. 101–624, § 1516(8), substituted “the recipient” for “recipient countries”.
lPub. L. 101–624, § 1516(9)Subsec. (). , substituted “” for “1990”.
Pub. L. 101–624, § 1516(10)Subsec. (m). , added subsec. (m).
lPub. L. 100–418l1988—Subsecs. (k), (). added subsec. (k) and redesignated former subsec. (k) as ().
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .
Effective Date of 2008 Amendment
Pub. L. 110–246section 4(b) of Pub. L. 110–246section 8701 of this titleAmendment by effective , see , set out as an Effective Date note under .
Executive Documents
Executive Order No. 12583
section 1691 of this titleEx. Ord. No. 12583, , 52 F.R. 5427, which related to the delegation of functions relating to entering into agreements with developing countries and waiving minimum tonnage requirements, was revoked by section 6 of Ex. Ord. No. 12752, , 56 F.R. 8256, set out as a note under .