7 USC 1734 – Agreements
(a) In general
Before entering into agreements with foreign countries under subchapters II and III-A for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic development purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development.
(b) Terms of agreement
Terms Used In 7 USC 1734
- Administrator: means the Administrator of the Agency for International Development, unless otherwise specified in this chapter. See 7 USC 1732
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- food security: means access by all people at all times to sufficient food and nutrition for a healthy and productive life. See 7 USC 1732
- Secretary: means the Secretary of Agriculture, unless otherwise specified in this chapter. See 7 USC 1732
An agreement entered into under this chapter shall—
(1) include an estimate of the annual value or volume of agricultural commodities proposed to be made available to the country or eligible organization under the agreement;
(2) with respect to agreements entered into with foreign countries under subchapters II and III-A, include a statement of the manner in which the agricultural commodities provided under the agreement or the revenues generated by the sale of such commodities (if such commodities are sold), will be integrated into the overall development plans of the country to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable agriculture and broad-based economic growth;
(3) with respect to agreements entered into under subchapters II and III-A, include a statement of the manner in which competitive private sector participation within the recipient country in the storage, marketing, transportation, and distribution of agricultural commodities made available under this chapter will be encouraged;
(4) include a statement that such agreement shall be subject to the availability, during each fiscal year to which the agreement applies, of the necessary appropriations and agricultural commodities; and
(5) contain such other terms and conditions as the Secretary or the Administrator, as appropriate, determines to be necessary.
(c) Multi-year agreements
(1) In general
Agreements to provide assistance on a multi-year basis to recipient countries or to eligible organizations—
(A) may be made available under subchapters II and III-A; and
(B) shall be made available under subchapter III.
(2) Exception
The Secretary or the Administrator, as appropriate, may determine not to make assistance available on a multi-year basis with respect to a recipient country or an eligible organization if it is determined that assistance should be provided to such country or through such organization only on an annual basis because—
(A) the past performance of the country or organization in meeting program objectives does not warrant a multi-year agreement;
(B) it is anticipated that the need of the country or organization for food aid does not extend beyond 1 year; or
(C) other circumstances, as determined by the Secretary or the Administrator, as appropriate, indicate there is only a need for a 1 year agreement.
(d) Review of agreements
The Secretary or the Administrator, as appropriate, may make a determination to terminate, or refuse to enter into, a multi-year agreement with respect to a recipient country if the Secretary or the Administrator determines that such country is not fulfilling the objectives or requirements of this chapter. In making such a determination, the Secretary or the Administrator, as appropriate, may consider the extent to which the country is—
(1) making significant economic development reforms;
(2) promoting free and open markets for food and agricultural producers; and
(3) fostering increased food security.